How to deal with an Enforcement Notice

Planning Enforcement is a discretionary power held by the Local Planning Authority (LPA). Planning Enforcement ensures that unauthorised development is controlled, prevented and mitigated. Between September 2022 and September 2023, 3,797 Enforcement Notices were issued by Council’s across England, this is a 6% increase compared to the previous year.

 

Here at DHA, we are experienced in a wide range of enforcement related cases. This includes putting together a planning application to regularise an unauthorised use or development or submitting an appeal against an Enforcement Notice being served.

 

If your site is served an Enforcement Notice, then you normally have 28 days to make the relevant planning appeal. If appealing against an Enforcement Notice, Appellants must make their appeal on one or more of the following 7 grounds of appeal:

 

1. That planning permission ought to be granted for the development;
2. That the breach of planning control alleged in the enforcement notice hasn’t occurred;
3. That the alleged breach of planning control doesn’t require permission;
4. That it is too late for the LPA to serve notice;
5. Copies of the enforcement notice were not properly served on the relevant parties;
6. That the steps of compliance are excessive; and
7. That the period for compliance with the notice was too short.

 

It is essential that an Appeal is made within the timescale stated on the Enforcement Notice. Otherwise, the Enforcement Notice will come into effect.

 

If you are unsure of whether your site will fall under one of these seven categories for appealing the Enforcement Notice, then please get in touch with us and we will be more than happy to advise on what category is most suitable. We are also able to help prepare the relevant evidence to help the case and manage/ submit the appeal on your behalf.

 

It is important to note that if you have been served an Enforcement Notice, you should get in contact with us as soon as practically possible, to ensure necessary action can be undertaken within the relevant timescales.

 

If an Enforcement Notice has not been served, but you have either received a Planning Contravention Notice (PCN) or a letter or e-mail from a Local Planning Authority, we again advise contacting us as early as possible so that we can advise on how best to proceed/respond.