An enforcement notice is a serious matter and should not be ignored. We are planning enforcement appeal specialists with experience advising clients in Brent and a detailed understanding of how enforcement action is assessed and challenged through the appeal process.
Brent has one of the largest and most active planning enforcement teams in London. It investigates complaints about breaches of planning control, including alleged unauthorised building works, changes of use and failures to comply with planning conditions.
Where it finds a breach of planning, Brent is quick to serve an enforcement notice. This is a legal document that sets out what the council is alleging, why it is concerned and what it wants you to do. Notices are open to challenge and you should always consider an appeal.
Enforcement appeals are determined by an independent inspector, not by the council itself. The inspector will consider whether a breach has occurred, whether the alleged harm is properly identified and whether the steps required by the notice are reasonable and justified. The inspector can also grant planning permission for what is alleged in the notice.
Brent is a large and diverse borough in northwest London. It varies from the dense Victorian and Edwardian streets of Kilburn, Harlesden and Cricklewood to the new higher-density flat developments around Wembley.
It is an area seeing lots of development – from homeowners buying up semi-detached houses and extending them to meet the needs of their families, to developers seeking to turn them into flats and HMOs.
If you receive an enforcement notice, it is important to consider an appeal. The appeal can dispute whether the alleged breach has happened at all, can seek planning permission for the development or can challenge the requirements of the Notice.
In some cases, enforcement action is taken prematurely or is based on an inaccurate understanding of how a site is used or developed. In others, the notice may be poorly framed or overly broad. These issues can have a significant bearing on the prospects of success at appeal.
Early advice is important, as enforcement appeals are subject to strict statutory deadlines. If you miss the deadline, the Notice takes effect and you are legally bound by its requirements.
We advise homeowners, landlords and developers facing enforcement action, including appeals against enforcement notices. We identify the most appropriate grounds of appeal, assemble the necessary evidence and present a clear and focused case to the inspector.
We place particular emphasis on analysing how the council has framed the alleged breach and the planning harm said to arise. Where enforcement action is not properly justified or is disproportionate, this can be central to the appeal case.
Where appropriate, we also advise on alternative routes, including negotiated outcomes or parallel planning applications, and provide clear advice on risk, prospects and next steps.
Our role is to provide clear, objective advice at an early stage and to prepare enforcement appeal cases that deal directly with the council’s allegations and reasoning. Each case is approached on its own facts and planning context.
Where we are appointed, we act as planning agent throughout the appeal process and deal directly with the Planning Inspectorate and London Borough of Brent on your behalf.
We submit dozens of planning and enforcement appeals across Brent each year, and it is our busiest borough overall for enforcement appeals. Here is a selection of our recent successes.
An enforcement appeal can be made where the council has issued an enforcement notice alleging a breach of planning control. Appeals must be submitted within the time period stated on the notice and can be made on one or more statutory grounds.
Yes. enforcement notices can often be challenged in whole or in part. In some cases, the alleged breach is not correctly described, the planning harm is overstated or the steps required go beyond what is necessary. An inspector may quash the notice, vary its requirements or grant planning permission through the appeal process.
Never ignore an Enforcement Notice.
Failure to comply with an enforcement notice once it has taken effect can result in further enforcement action, including prosecution. It is therefore important to take advice promptly and to understand the available options.
We charge fixed fees, quoted in advance, so you know exactly what your appeal will cost. Fees vary depending on the complexity of the case and the work required. As an indication, we typically charge £1,500 to £2,000 plus VAT for a householder enforcement appeal.
The London Borough of Brent has historically taken a comparatively active approach to planning enforcement and last year served more enforcement notices than any other local planning authority in England.
We have previously analysed enforcement activity in Brent in detail, including published enforcement statistics.
Further information about different types of planning enforcement action, including stop notices, is available on our planning enforcement page.
A council can withdraw an enforcement notice, but it is unusual once the notice has been formally issued. By that stage, the council has normally concluded that:
a breach of planning control has occurred, and
it considers enforcement action to be expedient.
We have had some success getting notices withdrawn in Brent after we have submitted an appeal and the council has reviewed our case and evidence.
Talk to an expert
If you have received an Enforcement Notice, it is important to get some professional advice. Our planning consultants specialise in planning enforcement appeals.
We’ll review your case for free, explain your chances at appeal and outline the next steps clearly.
If you prefer to email, we can be reached at info@just-planning.co.uk.
