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Judge's Table

PLANNING ENFORCEMENT

'Never ignore an enforcement notice. Our planning consultants can help you find the best way forward'

What is planning enforcement?

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Planning enforcement is the process of investigating and taking action against unauthorised development. Enforcement notices are legal documents that require certain action be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission and the development in question is considered to be unacceptable in planning terms.

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Enforcement notices are very serious legal documents and you should always seek professional advice if you receive one. They will normally require that you demolish any unlawful structures or reverse any unauthorised change of use. 

What different types of enforcement action can be taken?

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The most common type of enforcement action that a council might take is the issuing of an 'enforcement notice', however there are various other ways that a council might take action. These include:

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  • Issuing of a 'breach of condition notice' 

  • Issuing of a 'stop notice' 

  • Issuing of a 'temporary stop notice' 

  • Issuing of a 'listed building enforcement notice' 

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How can Pyramid Planning help?

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If you are contacted by your local council about an alleged breach which may lead to the carrying out of formal enforcement action, our planning consultants can negotiate with the enforcement officer to either:

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  • Submit a retrospective planning application to account for the unauthorised development,

  • Submit a certificate of lawfulness application if you believe what is being alleged is immune from enforcement action (10 years since practical completion)

  • Appeal the enforcement notice. If you choose to appeal an enforcement notice then the appeal must be lodged within 28 days or by the period specified in the notice if longer than 28 days. If an appeal is not submitted in time, the right to appeal is lost and the enforcement notice takes effect. There may be ways to have the notice withdrawn, such as obtaining planning permission for what is alleged in the breach. 

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