What is Planning Enforcement?
Planning enforcement is process of investigating complaints by the Local Planning Authority (LPA) about work or activities that may not have planning permission or where building works or activities may be in breach of the permission in place. The LPA starting point is often the following sequence of questions; 1) Do the works constitute Development under Section 55 of the Act. 2) If so, are the works Permitted Development? 3) if No, are the works de minimis in the context of the site or consent and finally is there some form of wider public interest at play, for example harm to a protected tree or a listed building or nearby amenity.
Usually you will receive a visit, phone call or letter from the Local Planning Authority identifying you may have done something without planning permission. This will be brought forward by an Enforcement Officer who works within the Planning Department of the Local Planning Authority.
Examples of main breaches
What does the Enforcement officer do?
Enforcement officers respond to requests for investigation and undertake other types of monitoring to make sure that work undertaken within their area accords to requirements of planning policy. They usually do this by conducting site visits or communicating via phone call or letter. Most leads are generated by members of the public but some also come from Councillors or other Council officers undertaking their roles.
What happens if I get a letter from an Enforcement officer?
The letter you receive will state what the alleged breech is, and how the situation could be remedied. The letter will usually state a time frame to prepare and submit a retrospective planning application to be submitted to the LPA to rectify the issues and provide a solution. It is important to negotiate as long a time span as possible as the process of preparing a (quality) submission may involve reports, surveys and other 3rd party evidence; 3 months is ideal here. The letter will give advice and tell you exactly what you need to do and also what type of planning application to submit. However, don't accept this letter as gospel; take professional advice. It may be that a different type of application or approach will yield a higher chance of success. This process is called "regularising" and is the first port of call for most cases. It doesn't mean the case will sail through the planning process, but at least you have formally opened a conduit to start discussions with the LPA and some compromise may be met. Do not ignore the letter, the problem will not go away and you will limit your own options going forward with the next step likely to be a formal Enforcement Notice.
What is retrospective planning?
This is the regularisation process if you have made a change to your property/land without planning permission, the local planning authority may request a retrospective planning application for you work you have already carried out. The process is the same as submitting a normal planning application.
You must submit;
Can I find out who reported me for building without planning permission?
Reporting works without planning permission an anonymous process, so you wont be able to find out who actually reported you and vice-versa. Sometimes if things evolve to Public Inquiry enforcement, the person who reported you may wish to come forward and involve themselves and object against enforcement appeal. But the vast majority of people stay anonymous and don't do this.
What is an Enforcement Notice?
Enforcement notices are statutory declarations raised by the Local Planning Authority to determine that you have breached their requirements in terms of planning regulations. It will detail the allegation in relation to the breach and then a reason for raising allegations in the first place. Enforcement notices tell you what you're required to do next. Essentially it asks you to comply with the requirements on the notice and then gives a time period for compliance. Enforcement notices state if you are in breach, they expect you to remedy a list of instructions by a certain deadline date, this is often 3 months but this can depend on the scope of the works.
Appealing an Enforcement Notice
Appeals goes through a standard period of checks usually monitored by an enforcement officer, but actual applications are often determined by planning officers in liason with Enforcement. This usually takes between 6-13 weeks depending on the type of planning needed. If planning permission is granted the enforcement notice will be withdrawn, however if it is refused you can appeal again but enforcement can still be raised.
The 7 grounds of Enforcement appeals
Top tips:
The three enforcement appeal formats
Written representation procedure: Within this method of appeal, the Planning Inspector considers written evidence from the appellant, the LPA and everyone else, like you, who has an interest in the appeal. The Planning Inspector is also likely to visit the site at appeal before coming to a final decision.
Hearing procedure: This method of appeal is a structured discussion lead by the Planning Inspector. The hearing is usually held at the LPA offices, village halls or community centres, normally last half a day and are open to the public. The Planning Inspector will open the hearing by explaining what the appeal is about and identifies the issues based on evidence received. The Planning Inspector will then go through routine points and give a summary of the appellant and LPAs cases that will be discussed. The appellant will then give his/her views on the topic, followed by the LPA, then anyone else who would like to comment. Once everyone has spoken, in most cases, the Planning Inspector suggested the hearing is continued on the site of the proposed development. Most hearings will end after any discussion at the appeal site. After the hearing has concluded the Planning Inspector comes to a decision.
Inquiry procedure: An inquiry is the most formal type of appeal procedure and is usually used for larger or more complex appeals. Both yourself and the LPA will be represented by counsel. All participants must provide sworn testimony and are cross-examined about the evidence they present. An inquiry can last from 2 days up to several weeks. It is not a court of law but the proceedings are quite similar. An inquiry is lead by a Planning Inspector who will outline and explain the main issues within the case at appeal before asking for brief opening statements from the yourself and LPA. After hearing all statements and all cross-examinations have taken place, the Planning inspector closes the inquiry and usually will visit the appeal site (In some cases this has already occurred during the inquiry). After this has taken place the Planning Inspector will make a decision.
How can we help you?
We can offer reliable, well-structured advice and solutions for any Enforcement issues. We will often advise the best route forward to suit you and your specific situation, whether that is to appeal against an Enforcement Notice, apply for a Lawful Development Certificate or submit a Retrospective Planning Application. Contact us today to discuss your enforcement issue.
Planning enforcement is process of investigating complaints by the Local Planning Authority (LPA) about work or activities that may not have planning permission or where building works or activities may be in breach of the permission in place. The LPA starting point is often the following sequence of questions; 1) Do the works constitute Development under Section 55 of the Act. 2) If so, are the works Permitted Development? 3) if No, are the works de minimis in the context of the site or consent and finally is there some form of wider public interest at play, for example harm to a protected tree or a listed building or nearby amenity.
Usually you will receive a visit, phone call or letter from the Local Planning Authority identifying you may have done something without planning permission. This will be brought forward by an Enforcement Officer who works within the Planning Department of the Local Planning Authority.
Examples of main breaches
- Building/engineering work and the change of use of land without planning permission
- Unauthorised work to protected trees (note; all trees in Conservation Areas are protected)
- Breach of planning conditions
- Breach of a Section 106 agreement
- Non-compliance with the approved plans
- Unauthorised advertisements or signs
- Unauthorised change of use land/buildings
- Land/ buildings in such poor condition that it affects the amenity of the area (sometimes called an Untidy Site Notice)
- Unauthorised works to a listed building
- Unauthorised demolition work in a conservation area (over 115m3)
- Unauthorised deposit of waste or mineral extraction activities
What does the Enforcement officer do?
Enforcement officers respond to requests for investigation and undertake other types of monitoring to make sure that work undertaken within their area accords to requirements of planning policy. They usually do this by conducting site visits or communicating via phone call or letter. Most leads are generated by members of the public but some also come from Councillors or other Council officers undertaking their roles.
What happens if I get a letter from an Enforcement officer?
The letter you receive will state what the alleged breech is, and how the situation could be remedied. The letter will usually state a time frame to prepare and submit a retrospective planning application to be submitted to the LPA to rectify the issues and provide a solution. It is important to negotiate as long a time span as possible as the process of preparing a (quality) submission may involve reports, surveys and other 3rd party evidence; 3 months is ideal here. The letter will give advice and tell you exactly what you need to do and also what type of planning application to submit. However, don't accept this letter as gospel; take professional advice. It may be that a different type of application or approach will yield a higher chance of success. This process is called "regularising" and is the first port of call for most cases. It doesn't mean the case will sail through the planning process, but at least you have formally opened a conduit to start discussions with the LPA and some compromise may be met. Do not ignore the letter, the problem will not go away and you will limit your own options going forward with the next step likely to be a formal Enforcement Notice.
What is retrospective planning?
This is the regularisation process if you have made a change to your property/land without planning permission, the local planning authority may request a retrospective planning application for you work you have already carried out. The process is the same as submitting a normal planning application.
You must submit;
- Application form and planning fee
- Location plan
- Block plan
- Existing floor plans and elevations
- Proposed floor plans and elevations
- Technical reports
Can I find out who reported me for building without planning permission?
Reporting works without planning permission an anonymous process, so you wont be able to find out who actually reported you and vice-versa. Sometimes if things evolve to Public Inquiry enforcement, the person who reported you may wish to come forward and involve themselves and object against enforcement appeal. But the vast majority of people stay anonymous and don't do this.
What is an Enforcement Notice?
Enforcement notices are statutory declarations raised by the Local Planning Authority to determine that you have breached their requirements in terms of planning regulations. It will detail the allegation in relation to the breach and then a reason for raising allegations in the first place. Enforcement notices tell you what you're required to do next. Essentially it asks you to comply with the requirements on the notice and then gives a time period for compliance. Enforcement notices state if you are in breach, they expect you to remedy a list of instructions by a certain deadline date, this is often 3 months but this can depend on the scope of the works.
Appealing an Enforcement Notice
Appeals goes through a standard period of checks usually monitored by an enforcement officer, but actual applications are often determined by planning officers in liason with Enforcement. This usually takes between 6-13 weeks depending on the type of planning needed. If planning permission is granted the enforcement notice will be withdrawn, however if it is refused you can appeal again but enforcement can still be raised.
The 7 grounds of Enforcement appeals
- Ground A : You believe that planning permission ought to be granted for what is alleged in the notice or that the condition limitation referred to in the enforcement notice should be removed.
- Ground B : Works on the basis that breach of control alleged in the enforcement notice has not occurred as a matter of fact.
- Ground C : There has not been a breach of planning control. i.e. The works were Permitted Development, Diminimis or not in fact Development at all.
- Ground D : At the time the enforcement notice was issued it was too late to take enforcement action against the matter stated in the notice.
- Ground E : The notice was not properly served on everyone with an interest in the land. (An interest can be the owner(s), a business leaseholder etc.
- Ground F : You can believe that the steps demanded by the LPA exceed what is necessary to remedy any breach of planning control which may be constituted any breach of planning control which may be constituted by those matters. i.e. Removal of the offending signage would be sufficient against perhaps being asked to remove the structure supporting the signage also.
- Ground G : The time given to comply within the notice is too short. i.e. your business will need longer to find an alternative site or premises than the time stated on the form.
Top tips:
- Take professional advice before doing anything
- Communicate with the Council, don't ignore requests for information from the Local Planning Authority. This will escalate matters against you and may result in court action
- Seek to address the issue as swiftly as practicable, communicate with your Enforcement officer to determine how to remedy your situation.
- Don't avoid appeals, also don't be afraid to go to appeal! Don't delay the time frames you are given to lodge an appeal against an Enforcement Notice, they are short enough already.
- Be prepared to pay for good advice as it may save you money in the long run in pursing futile avenues.
The three enforcement appeal formats
Written representation procedure: Within this method of appeal, the Planning Inspector considers written evidence from the appellant, the LPA and everyone else, like you, who has an interest in the appeal. The Planning Inspector is also likely to visit the site at appeal before coming to a final decision.
Hearing procedure: This method of appeal is a structured discussion lead by the Planning Inspector. The hearing is usually held at the LPA offices, village halls or community centres, normally last half a day and are open to the public. The Planning Inspector will open the hearing by explaining what the appeal is about and identifies the issues based on evidence received. The Planning Inspector will then go through routine points and give a summary of the appellant and LPAs cases that will be discussed. The appellant will then give his/her views on the topic, followed by the LPA, then anyone else who would like to comment. Once everyone has spoken, in most cases, the Planning Inspector suggested the hearing is continued on the site of the proposed development. Most hearings will end after any discussion at the appeal site. After the hearing has concluded the Planning Inspector comes to a decision.
Inquiry procedure: An inquiry is the most formal type of appeal procedure and is usually used for larger or more complex appeals. Both yourself and the LPA will be represented by counsel. All participants must provide sworn testimony and are cross-examined about the evidence they present. An inquiry can last from 2 days up to several weeks. It is not a court of law but the proceedings are quite similar. An inquiry is lead by a Planning Inspector who will outline and explain the main issues within the case at appeal before asking for brief opening statements from the yourself and LPA. After hearing all statements and all cross-examinations have taken place, the Planning inspector closes the inquiry and usually will visit the appeal site (In some cases this has already occurred during the inquiry). After this has taken place the Planning Inspector will make a decision.
How can we help you?
We can offer reliable, well-structured advice and solutions for any Enforcement issues. We will often advise the best route forward to suit you and your specific situation, whether that is to appeal against an Enforcement Notice, apply for a Lawful Development Certificate or submit a Retrospective Planning Application. Contact us today to discuss your enforcement issue.