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Enforcement
An enforcement notice is a legal document issued by a Local Planning Authority (council) because it considers that there has been a breach of planning control.
They can relate to the following:
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Development which the council considers should be the subject of a planning permission, and/ or
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Change of use which the council considers should be the subject of a planning permission.
An enforcement notice is issued to anyone who has a legal interest in the land which the notice relates to.
The notice includes the following details:
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What is alleged to be a breach of planning control;
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The reasons why the council considers it is expedient to issue the notice;
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The necessary steps the council wants taking to rectify the breach;
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The time period when those steps should be completed by; and
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The date when the enforcement notice comes into effect
Enforcement notices within the UK's planning system carry significant importance and should be taken seriously by individuals and businesses alike. These notices are issued by local planning authorities to address unauthorised or non-compliant development activities.
Ignoring or mishandling an enforcement notice can lead to severe consequences, including legal action, fines, or even demolition of the development. Navigating this complex landscape requires expert knowledge of planning laws and regulations.
What you should do if you receive an enforcement notice?
Obtain the advice of planning professional Susan Jones and her team who have expert knowledge of dealing with enforcement notices. They are also linked with some of the most experienced planning barristers in the UK who can advise on points of law, a service also often needed.
DO NOT try to have a go yourself. The consequences of doing so can end up being very costly and could lead to you receiving a criminal conviction. The time period normally set by a Local Planning authority for when the enforcement notice comes into effect can be be very short (e.g 28 days). An appeal against the enforcement notice can only be lodged before the notice comes into effect so time is of the essence.
Case Study
An enforcement notice was served on our client, alleging a breach of planning permission for the change of use of a barn to a dwelling near Glastonbury, Somerset. Without the appropriate planning support, our client found himself at risk of losing everything, as the dwelling he had painstakingly created, using second-hand materials and adopting an off-grid lifestyle, was now under threat. Upon being entrusted with the case, we took immediate action to turn the situation around. Leveraging our expertise, we engaged the services of an outstanding barrister, and together, we presented a compelling case at a public inquiry, leading to a successful outcome. Demonstrating that the dwelling had been substantially completed more than four years before the enforcement notice was served, we successfully proved its immunity from enforcement proceedings. Our meticulous approach and dedication to our client's cause brought about a life-changing result, securing the future of their cherished home and lifestyle.