Enforcement of planning control arises where the local planning authority consider there has been a breach of planning control and that planning permission is required to remedy that breach.
Most notices require the use in question to cease or buildings erected to be removed. Where a compromise cannot be reached and in the event that an enforcement notice is served it can be contested on appeal on the following grounds;
Advising on the appropriate response to an enforcement notice
Determining grounds and lodging an appeal against an enforcement notice
Advising on legal representation
Preparing evidence for a planning inquiry. (See Planning Appeals and Expert Evidence)
- That planning permission ought to be granted for the development described in the notice
- No such development has occurred
- There has not been a breach of planning control
- The alleged development is immune from enforcement action
- That copies of the notice have been incorrectly served
- That the steps required by the notice to remedy the alleged breach are excessive and unnecessary
- The period specified in the notice for compliance with it is unreasonable
- An enforcement notice can have consequences for land and buildings in business use and even the individual occupancy of a dwelling house. Graham Warren can advise on the appropriate response to a notice and propose a course of action that minimises the effect of the notice if not remove it altogether
- It is essential to act within the specified time limitations of Enforcement Procedure.
Contravention of planning control is not a criminal offence but magistrates can impose fines of up to £20,000 and can have regard to any financial benefit that has accrued as a consequence of the offence.