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Enforcement Notices – What You Need to Know
If you’ve undertaken development or building work without the necessary planning permissions, or if a local authority believes that there’s a breach of planning control, you may encounter what is known as a planning enforcement notice. For many property owners, developers, and even tenants, the experience can be confusing and stressful. This comprehensive guide will demystify enforcement notices: what they are, how they work, what your rights are, and how you can respond effectively. With the right information, you will be better prepared to handle any issues that may arise concerning a planning enforcement notice.
What is a Planning Enforcement Notice?
A planning enforcement notice is a legal document issued by a local planning authority when it considers that planning control has been breached. In simple terms, this happens when work is done on a property—such as building, changing use, or significant alteration—without the proper planning permission or in contravention of conditions attached to such permission.
Enforcement notices are backed by legislation, primarily the Town and Country Planning Act 1990 in England and Wales. They require the recipient to take specific actions to remedy the breach. The actions specified in the notice may range from stopping a certain use of the property, removing unauthorised structures, or returning land to its previous state.
When are Enforcement Notices Issued?
A planning enforcement notice is generally issued after an investigation by the local planning authority. This typically follows a complaint from a member of the public, a councillor, or an internal authority check. The planning department will assess whether a breach of planning control has occurred, such as:
- Carrying out a development or addition without planning permission
- Using land or property for a purpose not allowed under existing permission
- Breaching conditions attached to an approved planning permission
- Making significant changes to a listed building without listed building consent
After investigation, if the council concludes that a breach has taken place and feels that formal action is justified (it is not always deemed expedient), it may serve an enforcement notice. The decision to take enforcement action is governed by government policy and the council’s own enforcement policy. Councils have discretion and may decide not to act for minor or trivial breaches, especially if no harm is being caused.
The Process: From Breach to Enforcement Notice
Understanding how an enforcement notice comes about can help you avoid reaching that stage. Here’s the typical process:
- Complaint or Discovery: The process often starts with a complaint from a neighbour, councillor, or as a result of routine inspections by planning officers.
- Investigation: The planning authority will usually investigate the alleged breach. This may include a site visit, requesting information from the owner or occupant, and reviewing planning records.
- Assessment: If it is determined that a breach has occurred, the council assesses the seriousness and decides whether action is expedient. Factors considered include harm to the environment, effect on neighbours, and whether the breach is intentional.
- Formal Notice: If the council decides to act, they will serve an enforcement notice on the relevant persons. This includes owners, occupiers, and sometimes others affected by the breach.
Contents of a Planning Enforcement Notice
A planning enforcement notice must be clear, detailed, and legally sound. It typically includes:
- A description of the land or property to which the notice relates
- A detailed explanation of what the alleged breach is
- The steps required to remedy the breach
- The time frame within which those steps must be taken (usually not less than 28 days)
- Information on the right of appeal
The notice must be served on all relevant parties with an interest in the land (including owners, occupiers, and sometimes mortgage lenders).
Your Rights: How to Respond to an Enforcement Notice
Receiving a planning enforcement notice does not mean that you have no recourse or right to challenge it. You have several options:
- Appeal: You can appeal against an enforcement notice to the Planning Inspectorate within a strict deadline (normally 28 days from service of the notice). Grounds of appeal might include that planning permission should be granted, that there has not been any breach, the time limit for action has expired, or that the steps are excessive.
- Apply for Retrospective Permission: During the appeal period, you can submit a retrospective planning application. If granted, this may resolve the breach, but if refused, enforcement action will proceed.
- Compliance: You can choose to comply with the requirements within the specified timeframe. This may involve removing unauthorised work, stopping a use, or restoring a building to its previous form.
- Negotiate: It may be possible to negotiate with the planning authority for a compromise or variation of the notice requirements.
Ignoring an enforcement notice can lead to prosecution and fines, potentially increasing costs and complications.
Time Limits for Enforcement Action
There are strict time limits within which local authorities can take enforcement action:
- Four-year Rule: For building operations or change of use to a single dwellinghouse, enforcement action cannot usually be taken after four years from completion of the breach.
- Ten-year Rule: For other changes of use or breaches of planning control, the limit is normally ten years.
If you believe that your development or change of use has become lawful over time, you can apply for a Lawful Development Certificate to formalise your position. However, you must be able to provide adequate evidence that the development has been in continuous existence for the relevant period.
Consequences of Non-Compliance with an Enforcement Notice
The consequences of ignoring a planning enforcement notice are serious. Non-compliance is a criminal offence, and the local planning authority can seek prosecution in the magistrates’ court. Penalties include:
- Substantial fines (sometimes calculated based on the financial benefit derived)
- A criminal record
- Further enforcement measures, such as direct action by the council to remedy the breach at your expense
In some cases, local authorities may apply to the courts for confiscation of profits made from an unauthorised use under the Proceeds of Crime Act.
Planning Contravention Notices and Breach of Condition Notices
A planning enforcement notice is only one type of formal action the local authority can take. It’s helpful to distinguish it from similar notices:
- Planning Contravention Notice (PCN): Not an enforcement notice itself, but a formal request for information. If the council suspects a breach, they may serve a PCN to find facts and identify responsible parties. Failure to respond is an offence.
- Breach of Condition Notice (BCN): Issued when a development has failed to comply with a planning condition, requiring compliance without an appeal right (other than legal challenge).
Do All Breaches Lead to Enforcement Notices?
It’s important to note that not every unauthorised development leads to formal enforcement. Local planning authorities have discretion and must weigh whether action is “expedient,” taking into account material planning considerations and the seriousness of harm caused. Many minor breaches can be resolved informally through negotiation, submission of a retrospective application, or a minor amendment.
Defences and Grounds of Appeal
If you decide to appeal a planning enforcement notice, you must do so promptly and on legal grounds. The Town and Country Planning Act 1990 sets out certain statutory grounds, including:
- That planning permission should be granted for what has been done.
- No breach has occurred as alleged in the notice.
- Time limits have expired for enforcement action to be taken.
- The notice is not properly served on all relevant parties.
- Steps required exceed what is necessary to remedy the breach.
- Period for compliance is too short.
Appeals are made to the independent Planning Inspectorate, which assesses
