Enforcement Notice
Planning legislation empowers Local Planning Authorities to take action when breaches of planning control have taken place. This action will often take the form of an Enforcement Notice which specifies what is wrong, what needs to be done to remedy the problem and the rights of appeal against the notice itself. The Notice will also specify a period for compliance. Situations in which Enforcement Action may be taken include:
- Development is commenced or a change of use occurs without the necessary planning permission.
- Works are undertaken to trees covered by Tree Preservation Orders without consent.
- Advertisements are displayed without consent.
- Demolition or alteration to Listed Buildings or buildings within Conservation Areas takes place without consent.
If an Enforcement Notice is ignored, or if the offending building or activity remains in place after the dismissal of an Enforcement Appeal, the offender can face prosecution in court. A fine may follow, together with an Order to remove the offending development. Fines can also be imposed on a "continuing" basis.
Breach of Condition Notice
Councils also have powers to serve a Breach of Condition Notice against development taking place that does not comply with conditions attached to a planning permission. There is no right of appeal in this case. If the specified problem is not rectified within a stated time period, direct prosecution can result against the person, or compancy, on whom a Breach of Conditions Notice is served. Again, fines can be imposed.
Stop Notice
Very occasionally a Council will consider that urgent action is necessary to prevent serious breaches of planning law. For example, a Council may discover that a person is in the process of undertaking extensive and damaging works to a Listed Building. When such instances occur, a Council can chose to serve a Stop Notice requiring all work to cease immediately. In certain instances a Council can also opt to take legal action against persons guilty of an offence under planning law and can take direct action.
In Dispute?
If you have gone ahead with your works without the required permission or find yourself in dispute with a Council, Kirkby & Diamond can assist you. We have significant experience in Planning Enforcement issues and also the resolution of these with Councils. Our help and advice can include:
- Appraisal of unauthorised development and advising on strategy to achieve planning permission or resolve a breach of planning control.
- Negotiations on your behalf with a Council seeking to achieve the most favourable outcome for you and often for your business.
- Submission of planning applications to achieve retrospective planning permission.
- Appeals against Enforcement Notices.
Kirkby & Diamond’s experienced team will always seek to achieve the most favourable outcome for you or for your business.