The Town and Country Planning Act 1990 regulates planning issues and gives local authorities powers to issue notices and bring enforcement proceedings.
If you have been issued with an enforcement notice, you could be required to carry out expensive alterations to property. We can advise you as to whether a notice can be challenged and represent you in the event of legal action against you.

Clear advice and guidance

At Taylor Law we can advise you in respect of any planning issues you may have, including asking the local authority to reconsider any adverse planning decisions.
We understand how disruptive, time-consuming and costly it can be to be asked to make alterations to comply with planning consents. We can advise you in respect of planning from the start to ensure that you do not inadvertently breach regulations and to assist you in the event that the local
authority has issued a notice or injunction against you.
By taking professional advice, you may be able to reach a satisfactory agreement with the local authority and avoid ongoing difficulties.

Local authority planning enforcement powers

The local authority has a number of ways of enforcing planning regulations where they believe that planning regulations have been breached, including the following:

• Enforcement notices
• Stop notices
• Planning contravention notice
• Breach of condition notice
• Injunction

One of the most common proceedings is in respect of a breach of planning control. S.172 of the Town and Country Planning Act gives the local authority power to issue an enforcement notice, while under s.179 it is an offence to fail to comply with this notice.

What to do if you have been issued with a planning enforcement notice

The notice will have a time period during which you are expected to comply. If you fail to do so, you could be liable for unlimited fines or even a prison sentence in extreme cases. If it is a rental property, the local authority also has the power to confiscate income from the property.

Once the notice has been issued, you have 28 days in which to appeal or ask for the notice to be withdrawn. It is important that you take action quickly. If you do not act within the deadline, then the notice will take effect and you will be required to implement the required alterations within the specified time period, usually no more than six months.

Appealing against a planning enforcement notice

There are seven different grounds on which an appeal against a planning enforcement notice can be made, including that planning permission should be granted in respect of the breach, no breach of planning control has occurred, the steps required exceed what is necessary to remedy the breach and that the time allowed is not reasonable.
Planning law can be complex and if you wish to raise an appeal against an enforcement notice is recommended that you seek legal advice.

Planning law advice

Planning law is often complex and we can offer guidance in respect of the pitfalls of planning regulations, to include whether planning consent is needed for proposed alterations, what constitutes permitted development and the rules around change of use.
There are time limits for the local authority to bring enforcement action in respect of any breach of planning control. These are four years in respect of change of use to a dwelling, house or unauthorised building works and ten years for other breaches such as a breach of planning conditions.
If enforcement action is not taken, then after this period of time you can apply for a Certificate of Lawfulness of Existing Use or Development or a Certificate of Lawfulness of Proposed Use or Development. We can advise whether it is appropriate to apply for a certificate in your particular circumstances.

Contact us

At Taylor Law we understand how disruptive and potentially expensive remedial work as required under an enforcement notice can be.
We can step in quickly to lodge an appeal on your behalf and communicate and negotiate with the local authority where appropriate to reach an acceptable resolution. We have an excellent track record of success in dealing with planning issues and have experienced solicitors in Leeds, Middlesbrough and London who can step in immediately to advise and represent you.

For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.