Services

Enforcement Notices

If you’re in a planning predicament, we’ll do our best to get you out.

What is an Enforcement Notice?

Local Planning Authorities (LPAs) will serve you with an Enforcement Notice if you have gone ahead with a development without securing planning permission, and the council considers that the development involves a breach of planning control.

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Their decision will depend on the scale, design and location of the development, and its impact on neighbours and the character of the local area.

Can I appeal against an Enforcement Notice?

Yes. If you have been served with an Enforcement Notice, you have the option to appeal against it.

However, you need to consider carefully whether you have sufficient grounds for appeal, and how best to proceed.

At the same time, you need to act quickly to give yourself the best chance of success. All appeals must be submitted before the Enforcement Notice takes effect.

So, should I appeal?

Talk to us before you do anything. We can give you qualified, professional advice to help you decide how to move forward. We’ll even offer an initial consultation for free.

We usually suggest negotiating with the LPA to find a compromise. However, if that isn’t possible, and we feel that you have sufficient grounds, we can prepare and submit an appeal to the Planning Inspectorate on your behalf.

Types of Enforcement Appeal

Similar to standard planning appeals, Enforcement Appeals can be made in one of three ways.

The simplest approach, and often the quickest, is via Written Representation, where both parties submit a written statement.

With an Informal Hearing, both parties get a chance to address the Planning Inspector during a meeting, which is usually held in a council meeting room.

In Public Inquiries, both parties are given the opportunity to cross-examine each other. Inquiries are usually reserved for larger, more complex cases that demand expert witnesses or professional legal representation.

What does it cost?

The appeal itself doesn’t cost anything. However, if your appeal is made on the grounds that planning permission should be granted, it will include an application for planning permission. This typically costs twice the usual amount for a planning application, split between the LPA and DCLG.

You can claim costs in any type of appeal if you feel that you have incurred unnecessary expenses in dealing with the proceedings due to the unreasonable behaviour of the LPA.

How long does it take?

There’s no statutory timeframe, and the timescale can vary from three months to over a year, depending on the complexity of the case and the type of appeal.

However, there are some important milestones along the way:

  • Within two weeks of the start date, the LPA will send us and the Planning Inspectorate a completed questionnaire and tell interested people (i.e. third party objectors) about the appeal.
  • Within six weeks of the start date, we and the LPA must each send our statements to the Planning Inspectorate. In turn, they will send us copies of what the other party has sent, along with any comments from interested people (if they have received them in time).
  • Within nine weeks of the start date, we and the LPA must send the Planning Inspectorate any comments we have on each other's statements and the comments from interested people.

These stages may differ if your appeal is being dealt with at an Informal Hearing or Public Inquiry.

Withdrawing an Enforcement Appeal

If you have managed to reach agreement with the LPA, you can withdraw your appeal at any time.


To discuss your enforcement appeal and how we can help with it, get in touch by completing the form below.

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