Enforcement Notices are issued by a Council when a breach of planning control has occurred i.e. development has been carried out and it does not have planning permission. Such Notices could require you to cease the use or carry out works to revert back to the previous situation.
It is advisable to obtain planning permission before carrying out development, however if development has occurred without planning permission an Enforcement Notice may be served on you by the Council.
If you receive an Enforcement Notice, it is extremely important that you do not ignore it. There is a right to appeal against an Enforcement Notice, but the time period to appeal is limited, usually between 4-6 weeks depending on details within the Notice, and so quick action is required to decide how to deal with them.
If a Notice is not appealed, then it is necessary to comply with the requirements of the Notice. Failure to comply with a Notice is a criminal offence and the Council could commence prosecution proceedings against you. It is therefore imperative not to ignore the Notice.
An Enforcement Notice should set out clearly what the issue is. If, after reading the Notice thoroughly, it remains unclear what the issue is, it is advisable to seek the help of a Chartered Town Planner who can assist and advise on the content of the Notice and how to best address the issue.
It is not always wise to appeal against an Enforcement Notice and it is important to fully consider the options and potential outcomes before entering the appeal process. A Chartered Town Planner will assist you by highlighting your options and setting out the potential outcomes.
- Do Not Ignore
- Act Fast
- Seek Professional Assistance
Our team of Chartered Town Planners at Attwells can assist if you have been served with an Enforcement Notice, Breach of Condition Notice, Stop Notice or Temporary Stop Notice.