What happens if you ignore a council enforcement notice?
If you do not comply and do not appeal, there may be significant consequences. This constitutes a criminal offence. If you ignore the notice you may be fined for not complying. If you fail to comply with an Enforcement Notice you can be tried in the Magistrates’ or the Crown Court.
Under what circumstances might you receive an enforcement notice?
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 or outside the conditions of a planning permission.
How do you serve an enforcement notice?
Service can be by various methods, e.g. sending it by recorded delivery, hand delivering it to the relevant address, etc. Service should be completed on all parties within 28 days of the notice being issued.
Who can issue an enforcement notice?
Only the Magistrates’ Court can issue a Planning Enforcement Order, and only if a local planning authority applies for one. A copy of the application will be served on the owner and occupier of the land, and anyone else who might be materially affected by taking enforcement action.
What happens if you breach a planning enforcement notice?
What happens if an enforcement notice is not complied with? It is an offence not to comply with an enforcement notice, once the period for compliance has elapsed, and there is no outstanding appeal. A person guilty of an offence is liable on conviction to an unlimited fine.
What happens when an enforcement notice is served?
An enforcement notice once served becomes a Land Charge so subsequent purchasers of the property should be aware of it and would be guilty of an offence for not complying with it, i.e. it is effective permanently.
On what grounds can you appeal an enforcement notice?
You can appeal against an enforcement notice if you own, rent or lawfully occupy the property or land it applies to. Anyone can comment on an appeal. There’s no fee for appealing, unless you also apply for planning permission.
How long is the time scale for an enforcement notice?
An Enforcement Notice must allow a period of at least four weeks before it comes into effect in order to allow for the statutory right of appeal.
Is breach of planning permission a criminal offence?
action. A breach of planning control is not a criminal offence, the intention of enforcement action being to resolve the case. Planning enforcement is not punitive, and any action taken has to be appropriate to the scale of the breach.
What powers does a planning enforcement officer have?
Providing guidance about planning applications, breaches of planning law, retrospective planning applications and enforcement action. Investigating complaints to determine whether planning permission for works that have begun or are completed is required. Making site visits.
How long is an enforcement notice valid for?
If no appeal is made, then the notice comes into effect and there will then be a period for compliance which can vary from one month for minor works to 6 months for certain changes of use or land restoration. Only in exceptional circumstances will a period in excess of 6 months be allowed.
Can an enforcement notice be withdrawn?
Where an enforcement notice has been served to remedy a breach of planning control, you can request that our planning enforcement team confirm in writing whether the council agrees that the notice has been complied with. You can also request that an enforcement notice is withdrawn.
What happens after an enforcement notice?
Enforcement Notices
The enforcement notice will state the reasons for action being taken and specify the steps which the council require to be taken in order to remedy the breach. There is a right of appeal against an enforcement notice.
What happens if you don’t comply with a planning enforcement notice?
Failure to comply with a valid enforcement notice is a criminal offence which may be prosecuted through the courts and further action to remedy the situation, such as demolition works, can be undertaken as direct action by us to rectify a planning breach.
What happens if someone breach planning permission?
If an enforcement investigation concludes that there is a breach of planning control, the council will decide whether it is expedient to issue an enforcement notice. The council will need to be satisfied that the breach is resulting in harm, which is significant in planning terms.
What constitutes a planning breach?
A planning breach usually occurs when: A development that requires planning permission is undertaken without the permission being granted – either because the planning application was refused or was never applied for.