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planning-applications.co.uk |
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WHAT IS AN
ENFORCEMENT NOTICE?
planning-applications.co.uk
WHAT IS AN ENFORCEMENT NOTICE?
If you have
received an Enforcement Notice you should seek professional assistance as soon
as possible. Failure to act upon an enforcement notice could result in court
action by the Council leading to substantial fines (up to £20,000 plus regard
to the financial benefit resulting from the breach).
An Enforcement Notice is
one of the means by which a Council may control development that they consider
has been carried out without the benefit of planning permission.
An Enforcement Notice
will be served by the Council where:
"There
has been a breach of planning control, and
"that
it is expedient to issue the notice, having regard to the provisions of the
development plan and to any other material considerations" [T & CPA 1990 S.172 (1)]
It is likely that you
will already be aware of the Council's concerns, because the Enforcement
Officer will have contacted you to establish the facts. However, where the
Council believe that your development should be stopped immediately, they can
issue a Stop Notice.
Often the Enforcement
Officer will be acting on a complaint or query from a member of the public who
is concerned about what you are doing. They may not know you have planning
permission or are developing in accordance with permitted development
rights. If you are able to satisfy the
officer he will respond to the complainant accordingly.
You may therefore
receive a letter or telephone call in the first instance from the Council's
Enforcement Officer. However, if the officer considers your development is not
lawful then you will receive a formal notification to this effect. This is
known as a 'Planning Contravention Notice'.
The notice will ask for information
about the owners of the property and details of any other persons who have a
legal or equitable interest in the property. It will set out what actions the
Council consider you should take to rectify the matter. Initially this may be a
request for you to stop what you are doing and advising you to make a planning application or apply for a Lawful Development Certificate.
If an unlawful
development can be rectified in this manner then the Council is encouraged to
seek this remedy in the first instance.
If after seeking the
submission of a planning application none is forthcoming, then the Council will
consider the need to issue an Enforcement Notice.
If the Council are
concerned that the development has already gone too far, that they consider
there is no lawful use present, or that planning permission is unlikely to be
granted even if a planning application is lodged, they may then begin
proceedings to issue an Enforcement Notice.
In most cases you will
normally be informed of the following:-
The
nature of the breach of planning control
The
remedies available to rectify the matter
The
amount of time available to you to put the matter straight.
Whilst guidance to
Councils generally encourages dialogue and assistance to rectify breaches of
planning control, in the event that the Councils' concerns are ignored or
immediate action is called for in the circumstances, then an Enforcement Notice
will be served.
Non-compliance
with any requirement of a Planning Contravention Notice within 21 days is an
offence with a maximum potential fine of £1,000. This is a fine levied in the
absence of any continuing failure to provide the required information.
False
or misleading statements in response to a Notice is also an offence with a
maximum penalty of £5,000.
Subject to the Standing
Orders of the Council, the issue of a Notice may be referred to the Planning
Committee for approval, or served immediately by the planning department.
Enforcement action is not taken lightly, but you should not assume that your
actions would not be taken seriously, however insignificant you consider the
matter to be.
The Notice is served
upon:
The
owner and occupier of the land, and
Any
other person having an interest in the land which will be materially affected
by the notice.
The Notice itself will
specify:
The
alleged breach of planning control, and
The
steps required to be taken to remedy the breach.
The Notice will provide
a period for compliance of:
Not
less than 28 days before the notice will take effect.
Any appeal against
the Enforcement Notice must be submitted BEFORE the date on which the Notice is
to take effect.
The period for
compliance with the Notice may vary for different types of breach and for the
different steps required to remedy the breach.
In serving the Enforcement
Notice the Council aim to achieve either or both of the following purposes:
1.
making the development comply with the terms of any planning permission, by
requiring the discontinuance of the use of the land or by restoring the land to
its condition before the alleged breach occurred,
2.
remedying any injury to amenity which has resulted from the alleged breach.
This may involve:
o
the
alteration or removal of buildings or works,
o
the
carrying out of buildings or operations,
o
cessation
of a use of land in part or whole,
o
Replacement
of a demolished building [as close as possible to the appearance of the
original building].
Where the Notice
requires the construction or replacement of a building and all the requirements
of the Notice have been complied with, then planning permission will be treated
as having been granted for that construction.
An Enforcement Notice
may be withdrawn at any time. Equally, the Council may relax or waive any of
the requirements of the notice or extend the time for compliance. This can be
done both before and after the notice has taken effect and all parties to the
Notice will be informed.
The
withdrawal of an Enforcement Notice does not limit the Council from re-issuing
or serving a further notice.