Enforcement action may be commenced by a Local Planning Authority where they believe there has been unauthorised development such as the construction of a building, the change of use of land or property or other engineering operations such as ground modelling.
Enforcement action will normally be initiated by a visit from the Council’s enforcement officer and then the issuing of a Planning Contravention Notice which must be completed and returned to the Local Planning Authority (LPA) within 21 days. The notice allows the LPA to ascertain information about the suspected breach of planning and also allows the respondent the opportunity to outline how the situation may be remedied.
If the Council believe there is a breach of planning and that it is expedient to remedy the situation then they can issue an enforcement notice. This notice will set out the suspected breach of planning and what must be done to remedy the situation. An enforcement notice can be appealed to the Planning Inspectorate however the appeal must be lodged normally within 28 days of the enforcement notice taking effect.
Other forms of enforcement action can include a planning enforcement order, a stop notice, and a breach of condition notice.
Examples of our work in this area include:
- a mobile home stationed within the Green Belt and occupied as a dwelling without planning permission.
- The construction of a tennis court and summerhouse beyond the residential curtilage of a dwellinghouse.
In both cases we were able to regularise the planning situation without the removal of any of the development. In all cases acting in a timely and competent manner is critical to successfully resolving enforcement action. Our specialist knowledge and experience will ensure the best possible outcome for you.