Update: This article explains why enforcement notices should never be ignored. The principles set out below remain relevant, although enforcement procedures and appeal routes depend on individual circumstances. Further information about planning enforcement appeals and how notices can be challenged is available on our Planning Enforcement Notices page.
Councils have the power to issue an Enforcement Notice if officers suspect that there has been a breach of planning control.
This is usually if something has been built without planning permission or not on accordance with a planning consent, or if you have carried out out a change of use without permission or failed to comply with a condition.
In this article, we explain how the planning enforcement system works and explain why it is important to consider your appeal options carefully if an Enforcement Notice is served..
Initial investigation
Before taking formal enforcement action, the council will usually attempt to make contact with the owner or occupier of the property or land. An enforcement officer may visit the site or write to the owner to seek further information.
Councils may also serve a Planning Contravention Notice (PCN). This is a formal questionnaire asking specific questions about the alleged breach of planning control, such as when a building was erected or how a property is being used. It is an offence to fail to respond, or to provide false or misleading information, and a fine may be imposed.
Retrospective planning applications
In some cases, the council may invite the submission of a retrospective planning application to regularise the development. This does not prevent the council from taking enforcement action, but it can be an appropriate route where planning permission may be acceptable in principle.
Whether a retrospective application is advisable will depend on the circumstances of the case and should be considered carefully, as refusal may strengthen the council’s enforcement position.
The Enforcement Notice
An Enforcement Notice is a legal document requiring you to carry out certain steps (to resolve an alleged breach of planning control) within a particular timeframe.
An enforcement notice can require you to take steps such as:
- to alter a building or remove it completely;
- to re-instate a building that has been demolished;
- to cease an activity that is being carried on.
The actual steps that the council requires will depend on the breach of planning control it alleges.
Time limits
If it decides to serve an enforcement notice, the council must do so within the time periods set down in the Town and Country Planning Act 1990.
These are:
- in the case of the construction or alteration of a building or other structure, or the change of use of a building to a house, 4 years; or
- for any other change of use, or for breach of a planning condition, 10 years.
Update: References in this article to the four-year rule reflect the position prior to changes introduced by the Levelling-up and Regeneration Act 2023. The four-year rule has now been abolished, subject to transitional arrangements, and different time limits may apply depending on the circumstances. Professional advice should be taken on how the current rules apply to individual cases.
Rights of appeal
You have the right to appeal an enforcement notice. Appeals must normally be submitted within 28 days. If you appeal, the requirements of the notice as put on hold while the appeal is considered. Appeals are made to the Planning Inspectorate, a government body entirely independent of your local council. The appeal will be decided by an impartial inspector.
You may appeal on the following grounds:
- planning permission should be granted for whatever has caused the breach of planning control;
- the matter(s) that the council say amount(s) to the breach of planning control has / have not occurred;
- if they have occurred, they do not amount to a breach of planning control;
- the council has not served the enforcement notice within the time limit set out in the Planning Act;
- copies of the enforcement notice have not been served in the way required by the Planning Act;
- the steps required in the enforcement notice exceed what is required to remedy the breach of planning control;
- the time allowed by the council for compliance with the enforcement notice is insufficient.
If you do not appeal the Enforcement Notice, it will take effect and you will be required to carry out its steps in full. Failure to comply with the terms of an Enforcement Notice is a criminal offence, for which you may be prosecuted.
Why early advice matters
Many clients approach us for help with an Enforcement Notice after it has taken effect (that is, after the time within which you have the right to appeal). It is very important to submit an appeal before the initial 28 day period has elapsed.
The planning enforcement system is complex and the consequences of getting it wrong can be serious.
Most importantly, NEVER ignore an enforcement notice…
