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.
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).
