A planning enforcement notice is a legal document served by a local council when a breach of planning control, such as building without permission or a change of use, is identified. The notice specifies the breach, requires steps to remedy it within a set time, and explains the reasons for action. Individuals can appeal the notice, and failure to comply is a criminal offense.

What the notice entails

• Identification of breach: The notice clearly states the specific breach of planning control, like unauthorized building works or a change of use without the necessary permission.

• Requirements to remedy: It outlines the steps that must be taken to correct the breach, such as demolishing a structure or restoring a property to its original use.

• Compliance period: A specific timeframe is given for these steps to be completed.

• Reason for action: The notice explains why enforcement action is considered necessary, often due to harm to the local area.

What to do if you receive one

• Appeal the notice: You have the right to appeal the notice to the Planning Inspectorate.

• Comply with the notice: If you do not appeal, you must take the required steps within the specified time period.

• Consider a retrospective application: Depending on the circumstances, you may be able to submit a retrospective planning application to try to get permission for the work that has been done.

Consequences of non-compliance

• Criminal offense: Failing to comply with the notice is a criminal offense and can lead to fines or prosecution.

• Council action: The council can carry out the required works itself and then recover the costs from the landowner.

• Confiscation orders: Financial penalties, such as confiscation orders, can be sought to recover any financial gain made from the breach.

For further information and advice, please get in touch or book an initial free consultation.