What is a planning enforcement notice?

Enforcement Notices are legal documents that require certain action be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission or outside the conditions of a planning permission.

What is the purpose of planning enforcement?

A planning enforcement order enables an authority to take action in relation to an apparent breach of planning control notwithstanding that the time limits may have expired.

What is a planning enforcement case?

Planning enforcement is where the Council investigates complaints about work that might not have planning permission. In some cases planning permission is necessary before work starts. Yet some minor works or changes of use do not need permission. You should check with the Council first.

How long is a planning enforcement notice?

An Enforcement Notice must allow a period of at least four weeks before it comes into effect in order to allow for the statutory right of appeal.

What is an enforcement notice on a local search?

These details are normally obtained by a Land Registry search and/or a questionnaire. The enforcement notice will detail the breach of planning control, what action needs to be taken to remedy the breach and how long the owners have to remedy the breach (known as the 'period of compliance').

Enforcement - What is a Planning Contravention Notice?

What happens if you get a planning enforcement notice?

Planning Enforcement Notice details

This Planning Enforcement Notice will ask that you take certain action such as alter or remove a building; reinstate a demolished building; or cease activity due to not having planning permission. Certain time limits apply to these enforcement notices.

What to do if you receive an enforcement notice?

You must comply with the Enforcement Notice unless you can appeal against it in time. If you do not comply and do not appeal, there may be significant consequences. This constitutes a criminal offence. If you ignore the notice you may be fined for not complying.

What happens if you ignore planning enforcement?

Failure to comply with an Enforcement Notice

Such action may involve: prosecution of the parties concerned in the local courts – depending upon the availability, nature and strength of evidence. issuing an injunction through the high court.

Who is a planning enforcement notice served on?

Local planning authorities are required to serve the Planning Enforcement Notice on all parties with an interest in the relevant land. Not only will this include the freehold owner and any tenants, but may also include any lenders with a charge against the land.

What happens if you ignore planning permission?

If you do require planning permission but you proceed without it, you will have committed a planning breach. In the event of a planning breach, you will need to submit a retrospective application to the local council. If this is successful, you will not need to take any further action.

What is an example of planning enforcement?

Examples of things we investigate

Examples include: building works to a property without planning permission, where permission is required. changes in the use of land or buildings without planning permission, for example, changing a shop into a home, where permission is required.

How do you fight planning enforcement?

If you decide that you want to lodge an appeal against a notice, you can do so online at the planning casework service area of the Planning Inspectorate's website. If you wish to make a ground (a) appeal against a planning enforcement notice, you must pay the fee amount which is stated in the notice.

How long does a planning enforcement appeal take?

The whole process from submission to decision should take around three months.

Can you appeal a planning enforcement notice?

Parties that are served a planning enforcement notice have the right to appeal. This is a chance to have the matter considered by the Planning Inspectorate.

Can a planning officer enter your land?

An Enforcement Officer will pay an initial visit and may ask to enter the site. If Officers require access to a site and experience difficulty in obtaining this the Council can exercise a right to enter onto land. Sometimes an investigation is resolved without the need to contact the owner/occupier of the land.

What powers does a planning officer have?

Providing guidance about planning applications, breaches of planning law, retrospective planning applications and enforcement action. Investigating complaints to determine whether planning permission for works that have begun or are completed is required. Making site visits.

Is planning enforcement Anonymous?

Unfortunately you cannot report a breach anonymously, except in very special circumstances. If you are concerned about giving your details, or have a reason not to, please speak to us first. If the case is serious it may lead to a court case or an appeal, so we may ask you to be a witness.

Is planning enforcement a criminal offence?

A breach of planning control is not usually a criminal offence, however, carrying out unauthorised works to a listed building, the unauthorised display of advertisements or damage to a protected tree may involve a criminal offence.

How do I withdraw a planning enforcement notice?

You can apply to the City Council for confirmation that an Enforcement Notice has been complied with, or to request that it be withdrawn. Unless an Enforcement Notice is withdrawn, it will be revealed during a Local Authority Land Charges Search.

Under what circumstances might you receive an enforcement notice?

Enforcement Notices are legal documents that require certain action be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission or outside the conditions of a planning permission.

Is Notice of enforcement legal?

Unlike most other creditors (apart from landlords), HMRC can issue a notice of enforcement without having to obtain a court order. This is therefore a useful mechanism for recovering unpaid tax debts. However, other creditors can go down the notice of enforcement route, as long as they go through the court.

Do planning officers always visit?

Officers will generally carryout a site visit to each pre-application enquiry and planning application we received. We believe this is an invaluable part of any decision we make, and allows us to understand and identify a number of different considerations for each application.

What are the two types of enforcement notice?

Does a notice of enforcement affect my credit rating?

No. The registration of a Penalty Charge Notice as a debt at the County Court is not the same as a County Court Judgement and will not affect your credit rating.

What are the chances of winning a planning appeal?

On average only about one appeal in three is successful, according to the Planning Inspectorate's records. This rate has remained broadly constant over many years. Appellants should be confident at the time they make their appeal that they are able to make their full case.