How to deal with planning enforcement action by a local planning authority
Councils have a range of powers to take enforcement action against owners and occupiers where there has been a breach of planning rules. We regularly advise clients on how to manage situations where enforcement has been threatened or already started.
Confirmed breaches of planning control
If the breach is minor, the Council might take no further action, other than asking for a retrospective application, if it is:
• in line with Local Plan policies or
• immune from enforcement action due to the passage of time.
In the latter situation we can help you get a Certificate of Lawful Development so that there can be no more enforcement action.
Unacceptable breaches of planning control
If the breach is unacceptable and could not be resolved by an approved application, we will:
• ask for a use to cease, or unauthorised development to be removed
• issue a formal notice where necessary and expedient.
Councils have a number of options available to assist in resolving the breach. Not all options will be suitable in each case.
Planning Contravention Notice (PCN)
This is the main method used to obtain information on a suspected unauthorised development. It will usually set out a list of questions about the site / development.
Breach of Condition Notice (BCN)
Councils can serve this on an owner/developer or occupier when they do not comply with conditions imposed on a planning permission. If they do not comply with the BCN, the Council can take legal action.
It can only be used to secure complete compliance. It does not apply to breaches of control related to listed buildings, advertisements, or protected trees.
It is a criminal offence to fail to comply with a BCN within the period for compliance specified and there is no right of appeal against the notice other than to the Courts.
Enforcement Notice
An enforcement notice may be issued when a breach of planning control has taken place and attempts to persuade the owner or occupier of a site to voluntarily correct the harmful effects of unauthorised development have failed.
With an enforcement notice the recipient(s) must take the specified steps within a set time period. Failure to comply with a notice is a criminal offence.
The recipient of a notice have the right to appeal to the Secretary of State through the Planning Inspectorate. An appeal suspends the effect of the notice until it is determined.
We often help clients with appeals against enforcement notices as there are frequently problems with the way the enforcement notice has been served and a variety of appeal mechanisms exist.
Stop Notice
In serious cases, Councils can serve a stop notice with an enforcement notice, or after they have served an enforcement notice if they consider that continuing unauthorised development is causing irreparable and immediate significant harm.
The stop notice continues to take effect even if an appeal is lodged against the enforcement notice. Work must stop immediately the notice comes into effect.
There is no right of appeal and failure to comply with the notice is a criminal offence.
Temporary Stop Notice
Councils can serve Temporary Stop Notices where they consider that there has been a serious breach of planning control and it is necessary to stop the activity or development in question immediately to safeguard the amenity of the area.
This differs from the normal stop notice as it is immediate and does not have to be accompanied by an enforcement notice. In addition, it is temporary and only lasts for 28 days.
There is no right of appeal. Only a judicial review in the Courts can challenge the validity and propriety of a Council’s decision.
Enforcement in planning law is complicated, and we recommend getting advice as soon as you are aware of a problem with the Council.
July 2026
