As a planning consultant, we often find ourselves assisting clients with resolving issues relating to alleged planning breaches. When a local planning authority believes unauthorised development has taken place without the necessary consents, they have various enforcement powers at their disposal to investigate and remedy situations.
A planning breach in itself is not illegal (apart from specific cases such as unauthorised works to listed buildings or to protected trees), however failure to act on an enforcement notice can be a criminal offence. Planning House has produced a basic guide to types of Enforcement Notices & Action for information. And we’ve provided some of the key notices and actions a local planning authority can take include in this article:
Planning Contravention Notice
If more information is required about a suspected breach, the local authority may issue a Planning Contravention Notice (PCN) requiring details about activities on the land. Failing to provide the information requested within the requisite timescale is an offence.
Breach of Condition Notice (BCN)
There are served to address any failure to comply with conditions of a planning permission. There is no right of appeal against a BCN and prosecution can be brought in the Magistrates’ Court for the offence of contravening a breach of condition notice. A person guilty of such an offence is liable on conviction to an unlimited fine.
Enforcement Notice
Where it is considered expedient, the local planning authority can serve an Enforcement Notice outlining the breach and remedial actions required. There is a right to appeal an Enforcement Notice within 28 days of issue.
Stop Notice
In some cases, the local planning authority may serve a Stop Notice alongside an Enforcement Notice to immediately prohibit specified activities associated with the breach. Compensation may be payable if the Enforcement Notice is later quashed or varied.
Temporary Stop Notice
To prevent further harm in very urgent cases, a Temporary Stop Notice can be served requiring immediate cessation of an activity for up to 28 days.
Non-Compliance
If an Enforcement Notice is not complied with and there is no successful appeal made, the local authority has the power to undertake the works in default and recover costs from the landowner. Non-compliance is also a criminal offence.
In some instances there maybe other routes to resolving or investigating planning breaches:
- No Formal Action: Breach addressed constructively without notices, e.g. if trivial harm, under enforcement is a way to resolve a breach.
- Retrospective Application: Invited to regularise unauthorised development that may be acceptable. However just because an application may be invited this does not mean that there is an assumption of permission being granted. Enforcement action remains an option if permission is not granted
- Planning Enforcement Order: Enables action after time limits expire if deliberate concealment of breach discovered. Court approval is required.
- Default Powers: Authority enters land to carry out enforcement notice requirements if not complied with by owner/occupier.
- Prosecution: For non-compliance with a notice once appeal period expires. Unlimited fine on conviction.
As planning consultants, we can assist by investigating potential enforcement cases, submitting appeals against notices, liaising with the local authority on behalf of clients and seeking agreed resolutions so further compliance or legal action can be avoided. Early engagement is usually the best approach to come to a satisfactory solution for all parties.
Related Content
Further information about formal notice-based enforcement approaches and alternative resolution methods available to local planning authorities is available in the guidance from gov.uk.
If you do find yourself in a situation where you’ve carried out works without consent, be mindful that enforcement issues can be complex and fast paced, take a look at our Enforcement eBook which uncovers everything you need to know about breaches of planning control, including enforcement time limits, non-compliance, the range of methods used to tackle a breach and different types of enforcement notice.
If you’re not sure Contact Us for a chat about next steps.
