Hestia Town Planning

Enforcement

I don’t have planning permission

Finding out that you do not have planning permission can be scary – especially if you have been served formal notice by the Local Planning Authority (LPA). Enforcement notices happen when the Council believes that building operations or the use of land has taken place without the correct planning permission in place. Because of this, they then tell you it is necessary to require the works or use to be reversed or modified. This can require the removal of expensive building operations, or for the use of land or buildings to stop.

Hestia Planning have fixed many enforcement cases simply through talking to the Council. Sometimes enforcement cases have needed to be challenged at appeal. Sometimes it is possible to submit a retrospective planning application for the development to ensure the development is lawful.

Planning Enforcement is undertaken if there is an identified breach of planning control that has occurred with a view to resolving any issues in an appropriate manner. There are many examples, including where works have not been completed in accordance with or are not in compliance with a specific planning condition or where there is no planning permission for the relevant development.

If you have received an enforcement notice, please do get in touch with Hestia Planning today as time is quite critical (usually requiring a response within 21-28 days from the date the notice is served). We will advise you on the best strategy and can begin negotiations with the LPA.

Notices

There are many ways that the LPA may serve notice, depending on the type of breach.

Enforcement Notice	Enforcement Notices can be served on unauthorised development where the development can be remedied by alteration, complete demolition or the unauthorised use to cease. For these notices there is a right of appeal to the Planning Inspectorate.
Breach of Condition Notice	A breach of condition notice requires compliance to a condition attached to a planning permission already granted. These notices deal with specific breaches of planning control and generally require a party to correct the breach within a specified deadline. There is no right of appeal for these notices.
Tree Replacement Notice	Where a protected tree is removed, uprooted, or destroyed without prior consent, the local authority can serve a tree replacement notice requiring, within a specified period, the replanting of a tree of a specified size and species. There is a right of appeal against a Tree Replacement Notice.
Temporary Stop Notice	Temporary Stop Notices are served where significant and harmful unauthorised development has occurred and the authority considers there to be a need to be stopped temporarily (for up to 28 days). This allows time for negotiation between the Council and alleged offending parties. There is no right of appeal for these notices.
Stop Notice	Stop Notices would normally only be served in a small number of cases where the unauthorised development is considered to be so harmful that the outcome of the enforcement process could not be waited for. These must be served together with an Enforcement Notice. There is no right of appeal for these notices.
S330 Notice	S330 Notices require information from any occupier of land asking what their interest is in it. Failure to respond within a specified timescale is a criminal offence which can result in prosecution in the Magistrates Court.
Planning Contravention Notice	Planning Contravention Notices can be served on any known interested party where it is suspected that a breach of planning control has occurred. They contain a number of relevant questions relating to the alleged breach of planning control and limitations to any planning permission granted on the land. You must respond within a specified timescale. It is important that you do not ignore this and contact us for help.
Notice of Intended Entry	This notice is formal confirmation of the local authority’s intention to enter land without a warrant. If entry to the land (or any part of it) is refused, that person obstructing the officers will be committing an offence and the council will obtain a warrant to gain entry. There is no right of appeal against a notice of intended entry.
Discontinuation Notice	Discontinuation Notice can be served to secure the removal of unauthorised advertisements

Other actions which can be taken by a LPA:

Direct Action	Direct Action can be used as an effective alternative to prosecution so that the Council can ensure remedial works are undertaken to secure satisfactory compliance with an Enforcement Notice.
Prosecution	Prosecution can be undertaken by the Council in incidences such as unauthorised works to listed buildings, protected trees, some advertisement displays and complete demolition in conservation areas, as well as non-compliance with the notices listed.
Planning Enforcement Order	If a local authority suspects a planning breach has been concealed, they can apply to the Magistrates Court for a PEO to allow a further year to investigate the potential breach.
Injunctive Action	This can be used where a breach of planning control is very severe, or there is a threat of it becoming severe, which can be halted by the successful application to the High Court for an Injunction. This is normally considered as a last resort.

How we can help

Hestia Planning can review these cases for you, as well as negotiate on your behalf with your Local Planning Authority. If that negotiation is unsuccessful, we can help you to appeal against an enforcement notice with our expert team. 

At Hestia Planning we have a team of experienced planning professionals who have spent much of their careers, dealing with the most complex enforcement matters and appeals for both Local Authorities as well as representing private clients. 

Do not hesitate to get in touch to find out how we can help you.