REEDLING PLANNING ENFORCEMENT SERVICES
The best way of dealing with an Enforcement Notice is to act upon it immediately. Usually most Local Authorities would rather deal with a breach of planning by rectifying the breach rather than having to actually enforce.
There are a number of reasons why a Local Authority takes enforcement. Firstly to prevent a continuing unauthorised use or to stop an unauthorised use before it starts. The Local Authority will usually issue a Planning Contravention Notice to try and discover more information on what is happening, it will ascertain the ownership of the property and the activities taking place.
An Enforcement Notice is served to stop the unauthorised use of either a building or land that does not have planning, or is in breach of an approval. This will usually have a period for compliance and the right of appeal. This will usually give sufficient time to make a Planning Application in whichever form to rectify the breach. If a compromise cannot be found then the only other course would be to appeal the enforcement.
The Council can issue a number of different notices including Stop Notices that require you to immediately cease the breach; a Stop Notice is served in conjunction with an Enforcement Notice. A Temporary Stop Notice may be used in isolation to stop a further breach from taking place.
A Breach of Condition Notice may be served to stop development where a planning condition is not being complied to, an example may be a condition on an approval for wooden windows within a Conservation Area, and if the applicant then inserts plastic they would be in breach of the condition on the consent. You cannot appeal against these types of notice.
There are other notices the Council have to uphold the planning system, injunctions may be used where damage is being caused to a Listed Building or they may take action to enter land or buildings where works are required to buildings or land which were subject to an Enforcement Notice.
Reedling consultants can advise on the best course of action, usually we would submit an application to rectify the breach; however, if further action was needed and a client wished to pursue an appeal we have expert legal advice which we can obtain on your behalf. Please contact us to discuss your case.
"Unfortunately without enforcement in the planning system, there would be chaos"
Reedling Consultants has an associate firm LDF Planning Consultants which carries out certain planning reports to accompany Planning Applications, please click on the link to go to this site.