Planning enforcement is the process used by local planning authorities to address development that has been carried out without the required planning permission or where planning conditions or other planning controls have not been complied with.
A planning enforcement matter can have significant consequences for property owners, developers and businesses. Depending on the circumstances, the local planning authority may request changes to a development, require unauthorised work to be removed or take formal enforcement action.
Understanding the planning enforcement process and obtaining professional advice at an early stage can help property owners assess their position and determine the appropriate response.
What Is Planning Enforcement
Planning enforcement involves action taken by a local planning authority where it considers that there has been a breach of planning control.
A breach can occur where:
- Development has taken place without the required planning permission
- Planning permission has not been complied with
- A condition attached to planning permission has been breached
- Land or buildings are being used in a way that requires planning permission but does not have it
- Development has been carried out contrary to an approved plan
Not every breach will result in a formal enforcement notice. Government guidance states that local planning authorities have discretion in deciding whether it is expedient to take enforcement action, having regard to the development plan and other material considerations.
What Is a Breach of Planning Control
A breach of planning control generally relates to carrying out development without the required planning permission or failing to comply with a condition or limitation attached to planning permission.
It is important to distinguish between a breach occurring and formal enforcement action being taken.
A local authority may investigate a suspected breach before deciding what action, if any, is appropriate.
What Happens During a Planning Enforcement Investigation
A planning enforcement investigation may begin following a complaint from a neighbour, information received by the local authority or an observation by planning enforcement officers.
The authority may investigate:
- The current use of the property or land
- The planning history
- Existing planning permissions
- Approved drawings
- Planning conditions
- The date development took place
- Whether the development requires planning permission
- Whether the breach can be regularised
The authority may contact the property owner or occupier and request information before deciding whether further action is necessary.
Planning Enforcement Notice
Where the local planning authority considers formal enforcement action appropriate, it may issue an enforcement notice.
An enforcement notice can require steps to be taken to remedy the breach of planning control.
Depending on the circumstances, this could involve:
- Removing an unauthorised structure
- Stopping an unauthorised use
- Restoring land to its previous condition
- Removing or altering development
- Complying with planning conditions
The notice should explain the alleged breach, the steps required and the period within which those steps must be taken.
Appealing a Planning Enforcement Notice
An enforcement notice can be appealed to the Secretary of State through the Planning Inspectorate on specified grounds.
The grounds available will depend on the circumstances of the case. They can include arguments relating to whether planning permission should be granted for the development, whether the alleged breach has occurred and other statutory grounds.
An appeal against an enforcement notice is different from an appeal against a refusal of planning permission.
The deadlines are also important. An enforcement notice appeal generally needs to be made before the notice takes effect.
Retrospective Planning Permission
In some circumstances, unauthorised development may be capable of being regularised through a retrospective planning application.
A retrospective application allows the local planning authority to consider whether planning permission should be granted for development that has already taken place.
However, making a retrospective application does not automatically prevent enforcement action or guarantee that permission will be granted.
The planning merits of the development still need to be considered.
Planning Enforcement and Planning Permission
Where development has taken place without planning permission, it is important to establish whether planning permission was actually required.
Some forms of development may benefit from permitted development rights, while other works may require express planning permission.
The planning history of the property should also be reviewed to establish whether an existing permission or condition applies.
Planning Enforcement and Certificate of Lawfulness
A certificate of lawfulness may be relevant in certain circumstances where the issue concerns whether an existing use or development is lawful.
A certificate can provide formal confirmation of lawfulness where the statutory requirements are satisfied.
It is important to establish whether the relevant legal requirements are met before relying on a certificate of lawfulness as a means of addressing a planning enforcement issue.
Time Limits and Planning Enforcement
Planning enforcement is subject to statutory time limits, but the applicable period depends on the type of breach and when the breach occurred.
The law in this area has changed, and the position can depend on the specific circumstances of the development.
For this reason, property owners should not assume that an old development is automatically immune from enforcement simply because it has existed for a particular period.
The relevant planning history and evidence should be examined carefully.
Planning Enforcement and Unauthorised Building Works
Unauthorised building works can create difficulties when selling, refinancing or developing a property.
Issues can arise where:
- An extension was constructed without permission
- A loft conversion was carried out without the necessary approval
- A building was converted to another use
- An outbuilding was constructed without the necessary planning consent
- Planning conditions were not complied with
Addressing the planning position early can help prevent enforcement issues from becoming more complicated.
What Happens If You Ignore a Planning Enforcement Notice
Ignoring a valid enforcement notice can have serious consequences.
Where the requirements of an enforcement notice are not complied with, the local planning authority may take further enforcement action, which can include prosecution or other measures available under planning legislation.
The consequences will depend on the nature of the breach and the requirements of the notice.
A property owner who receives an enforcement notice should therefore obtain advice promptly rather than allowing the deadline to pass.
Can Planning Enforcement Be Challenged
Depending on the circumstances, there may be several ways to challenge or address planning enforcement action.
These can include:
- Appealing an enforcement notice
- Applying for retrospective planning permission
- Applying for a certificate of lawfulness
- Challenging the legal validity of an enforcement notice
- Negotiating with the local planning authority
- Taking steps to remedy the breach
The appropriate approach depends on the facts of the case, the planning history and the wording of any notice served.
Planning Enforcement and Property Transactions
Planning enforcement issues can affect the sale or purchase of a property.
A buyer may be concerned about:
- Unauthorised development
- Existing enforcement notices
- Breaches of planning conditions
- Unlawful uses
- Unresolved planning investigations
Sellers should consider obtaining appropriate legal advice where there is a known planning enforcement issue.
Buyers should also carry out appropriate planning and legal due diligence before completing a purchase.
How Charrette Law Can Help With Planning Enforcement
At Charrette Law, we assist property owners, developers and businesses with planning and property matters involving planning enforcement.
Our services can include:
- Reviewing planning enforcement notices
- Advising on suspected breaches of planning control
- Reviewing planning history
- Advising on retrospective planning applications
- Advising on certificates of lawfulness
- Assisting with enforcement notice appeals
- Reviewing planning conditions
- Advising on planning and property law implications
- Supporting negotiations with relevant authorities
Every enforcement matter is different. The appropriate response depends on the nature of the alleged breach, the planning history, the evidence available and the requirements of the local planning authority.
Get Professional Advice on Planning Enforcement
Receiving a planning enforcement notice can create significant legal and financial consequences for a property owner or developer.
Taking early advice can help establish whether a breach has occurred, whether the development can be regularised and what options may be available for challenging or responding to enforcement action.
Charrette Law provides specialist legal and planning support for property owners and developers dealing with planning enforcement, unauthorised development and planning disputes.
Contact Charrette Law to discuss a planning enforcement matter and obtain professional advice on the options available.
Frequently Asked Questions About Planning Enforcement
What is planning enforcement
Planning enforcement is the process through which a local planning authority investigates and addresses breaches of planning control, including unauthorised development and breaches of planning conditions.
Can I appeal a planning enforcement notice
Yes. Certain enforcement notices can be appealed to the Planning Inspectorate on specified statutory grounds. The applicable deadline is important because an appeal generally needs to be made before the notice takes effect.
Can I get retrospective planning permission
In some circumstances, a property owner can submit a retrospective planning application for development that has already taken place. The application will be assessed against relevant planning policies and other material considerations.
Can the council force me to remove an unauthorised building
An enforcement notice can require steps to be taken to remedy a breach, which may include removing or altering unauthorised development. The precise requirements depend on the notice and the circumstances of the case.
What happens if I do not comply with an enforcement notice
Failure to comply with an enforcement notice can lead to further enforcement action and potentially prosecution. The consequences depend on the nature of the breach and the requirements of the notice.
Can a solicitor help with planning enforcement
A solicitor with planning expertise can review an enforcement notice, assess the legal and planning issues, advise on available options and assist with appeals, retrospective applications or other appropriate steps.
