Formal action

In some cases, the Planning Enforcement team will be unable to resolve a breach of planning through negotiating remedial works or the approval of a retrospective planning application. If the Local Planning Authority considers that a breach is causing an unacceptable level of harm to amenity, the Authority may consider it is expedient to instigate formal enforcement (legal) action. There are numerous ways in which formal action can be taken, and this depends on the type, seriousness and harmfulness of the breach. The powers available to the Local Planning Authority are outlined in more detail in on the powers available page.

The power to issue an Enforcement Notice is given by Section 172(1) of the Town and Country Planning Act 1990, which states that the LPA may issue a notice if they consider it expedient to do so. The notice must be properly authorised by the appropriate Local Planning Authority Officer or Committee.

The statutory requirements for enforcement notices are listed in Section 173 of the aforementioned act. An enforcement notice must include the following:

• the breach of planning control
• reasons for authorising the notice
• specify the requirements to remedy the breach
• the date the notice takes effect
• time period for compliance
• a list of those served with the notice

There is a right of appeal against enforcement notices (note this does not apply to all notice types). Information on the right to appeal is provided within an annexe to enforcement notices. Further information on the appeals process can be found at the Planning Inspectorates website.  Where an appeal is lodged the Council can take no further action until the appeal has been decided. The Planning Inspector appointed by the Secretary of State to decide the appeal can uphold, quash or revise the Notice. This decision will be binding upon the council.

It is not unusual for the appeal process to take several months. If a person decides to appeal against an enforcement notice; this will add to the time taken to resolve the case. In consequence, it is not possible to give a standard time for dealing with enforcement cases.