Planning enforcement
Never ignore an Enforcement Notice
Your local council might issue an Enforcement Notice if you have carried out works without first obtaining planning permission or carried out works which differ from what you obtained planning permission for.​
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Generally, an Enforcement Notice requires you to either wholly or partially reverse the unauthorised works. Ignoring an Enforcement Notice can have serious legal repercussions.
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We can assist by appealing against the Enforcement Notice or negotiating with the Council to have it withdrawn. If you appeal, enforcement action will usually be paused whilst the appeal is ongoing.
Responding to a Planning Contravention Notice
Your local council might issue a Planning Contravention Notice (PCN) if it needs additional information about a potential breach of planning control. Failing to respond to a PCN can result in fines.
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We can assist in responding to a PCN to ensure that you are not unnecessarily incriminating yourself or prejudicing an appeal against a future enforcement notice (if the council ultimately pursues that option).
Simply fill in this form to get zero-commitment advice from a planning expert.
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If appropriate, we will also provide you with a quote to assist you.
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If you need to send attachments, we can also be reached at info@faradayplanning.co.uk.
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Frequently asked questions
What is planning enforcement?
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Planning enforcement is a function of local councils which acts to ensure that buildings and land uses comply with the approved planning permissions and regulations.
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Enforcement officers use various methods to investigate and address breaches of planning control such as unauthorised building works or non-compliance with a condition attached to a previous grant of planning permission.
What triggers an enforcement investigation?
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Enforcement departments usually don't have enough funding to go out and search for breaches of planning control. Consequently, breaches are typically identified following complaints from members of the public such as neighbours.
What does the enforcement process involve?
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Once a potential breach is reported, an enforcement officer will usually investigate by visiting the site of the alleged breach. Enforcement officers are not obligated to notify the owners or occupiers of a site before visiting.
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To assist their investigation, an enforcement officer may serve a Planning Contravention Notice (PCN) on an owner or occupier, requiring them to provide certain information about the alleged breach of planning control.
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In some cases, the enforcement officer may find that no breach of planning control has occurred, leading to no further action.
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If a breach of planning control is identified by an officer, they will assess the severity and impact of the breach to decide on the appropriate action. This could range from taking no action whatsoever, to informal negotiations to rectify the issue, to the issuance of an enforcement notice.
What is a Planning Contravention Notice (PCN)?
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A Planning Contravention Notice (PCN) is a tool used by enforcement officers to investigate alleged breaches of planning control. It requests information from landowners or occupiers to help determine whether there has been a breach.
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If you have received a PCN, you are legally required to respond within a set timeframe (usually 21 days). Failure to do so, or providing false information, can result in legal action and fines.
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Whilst you must not provide false information in response to a PCN, you should not unnecessarily incriminate yourself either. For professional assistance in responding to a PCN, make use of your free consultation.
What is a planning enforcement notice?
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A planning enforcement notice is a legal document issued by a local council to address a breach of planning control. It specifies the nature of the breach, the steps required to rectify it, and the timeframe for compliance. Generally, enforcement notices aim to cease the unauthorised activity or revert the land or building to its former condition. Failure to comply with a planning enforcement notice is a criminal offence and can lead to legal action and fines.
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Planning enforcement notices usually take effect 28 days after being served. However, it is possible to appeal an enforcement notice before it takes effect. If an enforcement notice is appealed, it will be suspended until the outcome of the appeal.
What should I do if I have received a planning enforcement notice?
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It is strongly recommended that you seek professional assistance if the council has served you a planning enforcement notice. There are a number of ways to deal with an enforcement notice, but it is critical that you act quickly. Enforcement notices usually take effect 28 days after being served (unless an appeal is lodged), after which time you are legally obligated to comply with its requirements.
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To get professional advice on the best course of action, make use of your free consultation.
Do I need a planning consultant to appeal an enforcement notice?
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Anybody can submit an enforcement appeal if they have the right to do so. Planning policies, legislation, and case law are complex however, and you only have one opportunity to appeal. Consequently, it is advisable to instruct a planning consultant to prepare, submit, and manage the appeal on your behalf. This ensures that you are properly represented and that your arguments are justified appropriately. For assistance, make use of your free consultation.
Can I appeal against a planning enforcement notice?
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Yes. You can appeal against a planning enforcement notice before it becomes effective, which is typically within 28 days of its issuance.
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Once an appeal has been submitted, the enforcement notice is suspended until the outcome of the appeal.
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The appeal can challenge the enforcement notice on one or more of the following grounds:
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Planning permission should be granted for the development;
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The development has not occurred;
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The development does not breach planning control;
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No enforcement action can be taken against the development due to the passage of time;
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The notice was served improperly;
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The requirements of the notice are excessive; or
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The time period allowed to comply with the notice is too short.
How do I appeal against a planning enforcement notice?
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Enforcement appeals can be submitted through the Planning Inspectorate’s online portal. You'll need to provide your grounds for appeal and any supporting documents.
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Your grounds for appeal must set out your reasons for challenging the enforcement notice with reference to the relevant planning policies, legislation, and case law where necessary. Due to the complexity of these areas, it is advisable to seek professional assistance to prepare your appeal. As appeal specialists, we can act on your behalf.
What is involved in an enforcement appeal?
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Roughly 93% of planning appeals involve the submission of written arguments, a site visit by an independent inspector, and then a decision. Depending on the type of appeal, the council may submit additional written arguments during the process, but you are given the opportunity to respond. This is known as the ‘written representations’ procedure.
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Particularly large or complicated developments may require a hearing (a round-table discussion between the appeal parties and the inspector) or a public inquiry (a formal proceeding where witnesses are questioned).
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Aside from granting the inspector access for their site visit (if necessary), we can handle the entire process for you.
What are the possible outcomes of an enforcement appeal?
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An enforcement appeal can result in the enforcement notice being upheld (requiring compliance), quashed (nullified), or varied (modified terms). The outcome will depend entirely on the arguments put forward in your grounds of appeal, and thus it is advisable to seek professional assistance. For a discussion on how we can assist, make use of your free consultation.
Who decides enforcement appeals?
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Enforcement appeals are decided by an impartial inspector appointed by the Planning Inspectorate. The Planning Inspectorate is a central government agency that is entirely independent from your local council. The inspector's role is to consider all the evidence, visit the site if necessary, and make a decision based on the relevant planning policies, legislation, and case law.
Who can appeal an enforcement notice?
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To appeal against an enforcement notice, you need to have some form ‘interest’ in, or be a ‘relevant occupier’ of, the property to which the enforcement notice relates.
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The term 'interest' refers to having a legal or other type of interest in the property at the time of the appeal. This encompasses a range of parties such as freeholders, leaseholders, and some tenants. A ‘relevant occupier’ is someone who occupied the property on the date the enforcement notice was issued and continues to occupy the property when the appeal is submitted.
Can I get planning permission retrospectively?
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Yes. If you have started or completed a development without planning permission, you can apply for planning permission retrospectively (during or after completion). Retrospective planning applications are usually decided in the exact same way as normal planning applications. The same planning policies will apply regardless of whether the development has already been started or completed.
Can I get planning permission for something slightly different to what I have built?
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Yes. If the council has suggested that your development could be made acceptable with a few changes, it may be appropriate to submit a retrospective planning application for something slightly different to what you have already built. If the retrospective planning application is successful, the council may require you to adjust the development in accordance with the approved plans.
What is the 10-year rule?
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The 10-year rule refers to a law that allows for certain breaches of planning control to become immune from enforcement action if they have been in place for a continuous period of 10 years without any formal enforcement action being taken. The 10-year rule is replacing the 4-year rule, which now only applies to certain works undertaken before 25th April 2024.
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If building work was completed at least 10 years ago and has remained unchanged during this period, and the council has not already taken enforcement action, it becomes immune.
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Similarly, if the use of a property was changed at least 10 years ago and the new use has not been interrupted during this period, and the council has not already taken enforcement action, it becomes immune.
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The 10-year rule also applies to breaches of any conditions attached to a previous grant of planning permission. For example, if your planning permission was granted on the condition that you make one of the windows in a property obscure glazed but you installed regular glazing, this breach becomes immune from enforcement action after 10 years if the council has not already taken action.
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To legally establish that the 10-year rule applies to your development, you can apply to the council for a Certificate of Lawfulness if you have sufficient evidence to back up your case.
What is the 4-year rule?
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The 4-year rule is a legal provision that allows some breaches of planning control such as unauthorised building works or the conversion of a building to a single dwelling to become lawful (immune from enforcement action) after a period of 4 years if no formal enforcement action has been taken against them during this period.
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The 4-year rule is being replaced by the 10-year rule, which extends the time limit for local planning authorities to take enforcement action against breaches of planning control. However, there are transitional arrangements which mean that the 4-year rule continues to apply to certain works undertaken before 25th April 2024.
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If you have evidence to support your case, you can apply to your local planning authority for a Certificate of Lawfulness to confirm that your development benefits from the 4-year rule.
What is a Certificate of Lawfulness?
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A Certificate of Lawfulness legally establishes that the council cannot take enforcement action against a development. To obtain a Certificate of Lawfulness, you must submit the necessary evidence to the council.
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You may obtain a Certificate of Lawfulness if you can evidence that your development was undertaken at least 10 years ago, as this is the time limit by which the council must take enforcement action.
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You may also obtain a Certificate of Lawfulness if you think that your development is ‘permitted development’, meaning that you do not need planning permission from the council.
How much does it cost to appeal an enforcement notice?
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The cost of an enforcement appeal depends on the arguments that you put forward in support of your case. If you argue that planning permission should be granted for the development, you have to pay double the normal planning application fee. For all other grounds of appeal, there is no charge.
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If you would like us to represent you in the enforcement appeal process, please get in touch for a free consultation. We will review your case, tell you whether an appeal is likely to be successful, and give you a fixed quote for preparing, submitting, and managing the appeal on your behalf.
