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planning-applications.co.uk |
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ENFORCEMENT NOTICE APPEALS
WHO CAN APPEAL?
Anyone
with an 'interest' in the land specified in the enforcement notice may appeal,
whether or not they have been served with a copy of the notice.
An
interest is either a legal or equitable interest, for example a landowner,
leaseholder or tenant, mortgagee or other lender, any occupier of the land
whether by virtue of written or oral consent.
Trespassers
or squatters will not have a right of appeal unless consent to occupy has been
given, even if they receive a notice.
More
than one person may have a right of appeal and each party may have a different
approach. For example, a landowner may agree with the notice, whilst their
tenant may wish to carry on with the use to which the notice objects.
The
owner should always bear in mind though that the Notice applies to the land and
not the individual. Therefore the owner will be bound by the terms of the
notice. If the person who caused the breach fails to rectify the matter (or
leaves the land) the landowner could be ultimately liable.
All
owners of land are strongly advised to consider the consequences of the notice
and their option to appeal.
If
the owner appeals, then he is treated as a 'Principal Party' and will be able
to see all representations.
If
the owner DOES NOT APPEAL he will have the status of an 'Interested Party'
which does not entitle the owner to receive all the correspondence made by the
appellant and other interested people.
However,
owners may protect their position by applying to the Department for the
administrative status of an INTERESTED OWNER. This will allow an owner to be
accorded the same treatment as the appellant, with an opportunity to attend any
local inquiry, attend any site inspection and have sight of all relevant
correspondence.
If
you would like to be treated as an Interested Owner, you should apply to the
relevant department as soon as you are aware that an enforcement notice has
been served.