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Enforcement
Enforcement of planning control arises where the local planning authority consider there has been a breach of planning control and that planning permission is required to remedy that breach. Most notices require the use in question to cease or buildings erected to be removed. Where a compromise cannot be reached and in the event that an enforcement notice is served it can be contested on appeal on the following grounds;
- That planning permission ought to be granted for the development described in the notice.
- No such development has occurred.
- There has not been a breach of planning control.
- The alleged development is immune from enforcement action.
- That copies of the notice have been incorrectly served.
- That the steps required by the notice to remedy the alleged breach are excessive and unnecessary.
- The period specified in the notice for compliance with it is unreasonable.
- An enforcement notice can have consequences for land and buildings in business use and even the individual occupancy of a dwellinghouse. Graham Warren can advise on the appropriate response to a notice and propose a course of action that minimises the effect of the notice if not remove it altogether.
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Contravention of planning control is not a criminal offence but magistrates can impose fines of up to £20,000 and can have regard to any financial benefit that has accrued as a consequence of the offence.
Services available include ::
- Advising on the appropriate response to an enforcement notice;
- Determining grounds and lodging an appeal against an enforcement notice;
- Advising on legal representation;
- Preparing evidence for a planning inquiry. (See Planning Appeals and Expert Evidence).
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Home > Enforcement
The Barn House, Manor Farm, Collingbourne Kingston, Marlborough, SN8 3SD.
tel/fax: 01264 850 746
mob: 07866 440 965
email:
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