“Received an Enforcement Notice From The Council, What Should I Do Now?”

Posted on 24 Jul at 3:53 pm

You might be wondering, “Why am I receiving a notice from the council regarding my project?” We know that receiving an Enforcement Notice from your Local Planning Authority can feel overwhelming, but taking swift and informed action can make things easier. Here, we outlined what Enforcement Notices are, why they are issued, and what steps you can take to address them effectively.

What is an Enforcement Notice?

An Enforcement Notice is an official document issued by local authorities when there is a suspected breach of planning regulations. This typically arises when construction occurs without the necessary planning permission or when the conditions of an approved planning permission are not met. The notice outlines the specific violation and provides guidance on how to rectify the issue.

Common Reasons for Receiving an Enforcement Notice:

Unauthorised Construction: This involves building structures, such as house extensions, garages, or outbuildings, without obtaining the necessary planning permission from the local council. Any construction that deviates from the set regulations and guidelines without prior approval can result in an enforcement notice.
Non-compliance with Approved Plans: When a project is granted planning permission, it must be carried out according to the approved plans. Deviations from these plans, such as altering the size, shape, or location of the building, can lead to an enforcement notice. It’s crucial to adhere strictly to the approved blueprints to avoid penalties.
Failure to Comply with Planning Conditions: Often, planning permissions come with specific conditions that must be met, such as landscaping requirements, noise restrictions, or specific building materials to be used. Failure to meet these conditions, either partially or entirely, can result in enforcement action.
Change of Use: This occurs when the use of a property or land is altered without obtaining the required consent. Examples include converting a residential property into a commercial one, using agricultural land for industrial purposes, or transforming a garage into a living space. Each type of property use has different planning requirements, and unauthorised changes can trigger enforcement measures.

Immediate Actions to Take When Dealing with an Enforcement Notice

Upon receiving the enforcement notice, it’s important to meticulously read and comprehend its contents. Take note of the alleged breach of planning control, the required corrective measures, and the compliance timeframe. Understanding the obligations and legal implications is crucial.

It is advisable to promptly engage with the local council to discuss the enforcement notice. Transparency and cooperation are essential. Provide accurate information about the situation to demonstrate a willingness to resolve the issue, potentially leading to more flexible solutions and reducing the risk of further penalties.

It is recommended to seek advice from planning professionals, such as planning consultants, or legal experts specialising in planning law. Their expertise can provide essential guidance on how to address the enforcement notice, explore possible options, and navigate procedures such as complying with the notice, applying for retrospective planning permission, or contesting the notice if it is considered unjust. Homz Town Planners are assisting our clients with their enforcement issues with their vast knowledge of planning policies and appropriate course of action. Contact Us today, and we’ll assist you with the best course of action!

It’s important to maintain thorough records of all communications and steps taken in response to the notice. This includes retaining emails, letters, and records of discussions with council officials or planning consultants. Comprehensive documentation can be beneficial if an appeal or defence becomes necessary in the future.

Collaborate with planning professionals to thoroughly assess all available options, including compliance, negotiation with the council, or submitting a retrospective planning application. Understanding the grounds for appeal and the required procedures in a case appealing the notice becomes necessary is essential.

Given the time-sensitive nature of enforcement notices, prompt action is vital. Failure to act promptly could worsen the situation and potentially lead to escalated penalties or legal proceedings. Adhering to all deadlines and promptly addressing the issues outlined in the notice is imperative.

How to Respond to an Enforcement Letter

Make a Retrospective Planning Application: If recommended by the council, you have the option to apply for planning permission retroactively. This can be a simple solution if the application is granted, potentially resolving the issue without additional enforcement actions. To receive professional help with your retrospective planning application, consider reaching out to our expert planning consultants. They can assist you through the process to improve your chances of success. For more details, visit our Retrospective Planning Application page.
Submit an Appeal: If you believe the enforcement notice is unjustified, you have the right to appeal to the Planning Inspectorate. This must be done within 28 days from the date of the notice. The appeals process can be intricate, so it’s beneficial to seek assistance from experienced legal advisors who specialise in planning law. Their expertise can help you build a strong case and navigate the complexities of the appeal, increasing the likelihood of a favourable outcome.

Different Types of Planning Enforcement Notices

1. Planning Contravention Notice: This notice is issued by the local council when there is a suspicion that planning regulations might have been violated, but additional information is required to confirm the breach and its scope. It will ask you to supply detailed information about the development or activity in question, such as the type of work, its commencement date, and any relevant planning permissions or conditions. Not responding or submitting incorrect information could lead to further legal action or fines, so it’s crucial to provide accurate and timely responses to prevent escalation.

2. Stop Notice: A Stop Notice is issued to immediately halt specific unauthorised activities and is often used alongside an Enforcement Notice but can be issued independently if the council believes the unauthorised activities are causing significant harm or impact. The notice will specify which activities must cease, including prohibitions on construction, land use, or other activities deemed in breach of planning control. Compliance with a Stop Notice must be immediate, and failure to adhere can lead to further enforcement action or legal penalties.

3. Breach of a Planning Condition Notice: This notice is issued when a developer does not comply with the conditions set for a planning permission, which are intended to ensure that developments align with the local authority’s standards. It will specify which conditions have been violated and detail the actions needed to correct the issue, such as changes in materials, working hours, or environmental practices. Unlike Enforcement Notices, a Breach of Condition Notice cannot be appealed, but you may seek a judicial review if you think the notice was issued unjustly.

4. Tree Preservation Order (TPO): A Tree Preservation Order (TPO) is established to safeguard particular trees or woodlands that are recognized for their importance, preventing unauthorised actions such as cutting, pruning, or removing them. The order specifies the trees under protection and outlines the activities that are not permitted. To carry out any work on these trees, you must obtain explicit approval from the local council. Unauthorised work on protected trees can result in substantial fines and legal repercussions.

How HOMZ Can Assist You

Receiving an enforcement notice can be challenging, but with the right support, you can handle it effectively. HOMZ is highly experienced in guiding clients through the complexities of planning regulations and enforcement issues. Our team of expert architects and planning consultants is dedicated to finding the best solutions for your specific needs.

Whether you need help with submitting a retrospective planning application, preparing a solid appeal, or understanding the specifics of your enforcement notice, HOMZ is ready to assist. We provide comprehensive services to ensure you comply with all legal requirements and deadlines, reducing the risk of additional penalties or legal action.

Rely on HOMZ to offer expert advice and support, transforming a challenging situation into a manageable one. Let us help you achieve a successful resolution and peace of mind. Contact us today to begin!

Category: Blog, Planning Permission

Tags: Blog, Planning Permission

Roslyn Cutt

Roslyn is a skilled architectural technician who takes pride in her work. She is known for producing drawings that meet her clients’ specifications precisely. Her designs are carefully crafted to meet the validation criteria set by councils, while also ensuring that her deadlines are met.