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ENFORCEMENT NOTICES

GROUNDS OF APPEAL 

There are 7 grounds of appeal and you may appeal on the basis of any one or more.

All appeals are treated as an application for planning permission and a fee is levied on receipt of a valid appeal.

The following are a brief summary of the Grounds of Appeal:-

Ground a)

1. that planning permission should be granted for the use of the premises or land to which the notice relates, or the erection of a building, or for the works in question: or (where relevant)
2. that the condition or limitation which is alleged not to have been complied with ought to be discharged.

This ground is concerned with the planning merits of the activity objected to in the notice. It raises the same issues as the 'deemed application' which is inherent in every appeal. Neither ground a) nor the deemed application will be considered, unless the appropriate fee is paid on request by the department following receipt of the appeal.

The Council will already have considered the planning issues and set out their planning objections in the enforcement notice. Had it been likely that planning permission would be granted, then the Council would have encouraged such an application at the outset.

Ground b) That the matters stated in the enforcement notice as having occurred have not, in fact, occurred.

Ground c) That there has not been a breach of planning control because (for example)

1. the change in the use of land is not a material one, or
2. the operation alleged in the notice did not amount to development, or
3. the relevant condition imposed on the permission has been complied with and the Council have misinterpreted the requirements of that condition. Or
4. what has been done or built was within the terms of an extant planning permission, or
5. the change of use of land or the erection of buildings upon it is permitted development which was effective when the development took place, or
6. any change of use alleged was within the same 'Use Class' effective at the time of the change taking place.

Ground d) That at the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice.

here are certain situations that may provide immunity from enforcement action.

Go to:

DEFENCE

for more information.

Ground e) That a copy of the enforcement notice was not properly served on the owner or occupier of the land, or other person with a legal or beneficial interest who may be materially affected.

Notwithstanding this ground, the Inspector may disregard failure to serve the notice if neither the appellant nor the person not served have been substantially prejudiced as a result.

Ground f) That the enforcement notice goes further than is necessary in specifying any steps required to remedy the alleged breach, comply with the terms of a planning permission or alleviate injury to amenity.

Ground g) That the period allowed by the notice for you to comply with any requirement is unreasonably short for what is required. 

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