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What is an Enforcement Notice?
If your local council feel that a development may have been carried out without the correct, or any, planning permission they may issue an Enforcement Notice. What this means is that you will likely be required to demolish unlawful structures or reverse the change of use back to its previous Use Class.
If you have been served a planning enforcement notice, you may be required to take some of the following steps:
- To alter a building or remove it completely
- To reinstate a building that has been demolished
- To cease an activity that is being carried on
- To secure compliance with any conditions imposed on a planning permission.
- The actual steps required will depend on the breach of planning control that the Council believe to have occurred.
It is important to remember that compliance with an enforcement notice does not discharge it. Instead, it imposes an ongoing obligation to comply with the requirements of said notice.
Who Gets Served with an Enforcement Notice?
There are several people who must be served if a planning enforcement notice is sent out. You can find them below:
- The owner of the land
- The occupier of the land
- Any other person having that has an interest in the land, and who is materially affected by the enforcement notice.
The council must take all reasonable steps to identify who should be served with the enforcement notice, and this is done through several means. They can serve a planning contravention notice, carry out a search at companies’ house, or a land registry search.
Can You Appeal ?
Yes, you can appeal an enforcement notice as it is within your statutory rights. You must make the appeal in writing to the secretary of state before the enforcement notice comes into effect. If the appeal is not made within this time, the enforcement notice will come into effect on the specified date and must be complied with. This can happen in as little as 28 days after you have been served.
If the appeal is made against the enforcement notice, it will be suspended and not come into effect until the appeal has been passed, denied, or withdrawn. This will allow any unauthorised activities to remain in place with no penalty. However, if the activity is one that is harmful to the areas, the council can issue a Stop Notice with immediate effect.
An appeal against an enforcement notice can be made by any of the following persons:
- A person who has a legal or equitable interest in the land relating to the enforcement notice.
- A relevant occupier of the land or property.
What Happens if You Don’t Comply?
If you fail to comply with an enforcement notice, it is deemed a criminal offence. As a result, you could be convicted and forced to pay an unlimited fine. The court will determine the amount that you pay, and they will pay close attention to your financial benefits, and any that you are likely to have gained from the offence. If the fine is not paid, you could then be looking to serve time in prison.
There are a few instances where you could have a solid defence, such as if you have not been served with the enforcement notice, and the notice is not logged on the council’s register. However, you don’t have to be the owner of the land to be served – if you have control of, or an interest in, the land relating to the enforcement notice, you are committing an offence by continuing the unauthorised activity, or by allowing it to be carried out.
How We Can Help
We can help you through the process of appealing an enforcement notice, ensuring that everything is handled correctly and that the language used is both professional and accurate. Similarly, if you have found yourself noncompliant with the notice, we have a team of experts who know how to handle the situation and can guide you through the process. No matter your need, we have someone here who can help you and ensure that everything runs as smoothly as possible.
Contact Us 0800 4561060
If you would like to speak to an expert about enforcement notice appeals or the consequences of noncompliance, make sure you give us a call on 0800 4561060. We’re open 24/7, so please get in touch.
The content/material on this website is for general information, it is not legal advice. For further information please check our terms and conditions.