Your ultimate guide to planning enforcement notices

If you have previously made, or are in the process of making, alterations to your property, a planning enforcement notice could ruin everything. You might have to cease building works, spend money on modifying the property or – in the worst-case scenario – demolish all your hard work.

In this guide, our planning specialists will take you through all the legal ins and outs of enforcement notices, including:

• What is a planning enforcement notice?
• What does an enforcement notice look like?
• How can I appeal an enforcement notice?
• What happens if you ignore a planning enforcement notice?
• How can I avoid a planning enforcement notice?

What is a planning enforcement notice?

Essentially, an enforcement notice is a legal document issued by your local council if they believe you are conducting building works that are in breach of planning control.

A breach of planning control is defined by section 171A of the Town and Country Planning Act 1990 as:

• the carrying out of development without the required planning permission;

or

• failing to comply with any condition of limitation subject to which planning permission has been granted.

In other words, you may receive such an order if you make alterations to your property without planning permission, or you fail to comply with a condition attached to your grant of planning permission – even if this is accidental.

The notice will order you to cease all building activities that are in breach of planning control. In some cases, it may even order you to demolish the development.

An enforcement notice is just one of the legal routes a council might take to oppose construction works or alterations it believes to be in breach of planning control. Other routes include planning contravention notices, stop notices, breach of condition notices, completion notices and discontinuance notices.

What does an enforcement notice look like?

An enforcement notice is usually topped with a disclaimer telling you it is important – so don’t ignore it! On the front page, your case number will be displayed prominently. It usually begins with “ENF/” or “E/”. The notice will tell you which council has issued it, the land or development to which it relates, the specifics of the alleged breach of planning control, and when the council believes the breach occurred.

These details will then be followed by more in-depth information explaining why the notice has been issued and what planning laws or policies have allegedly been contravened.

Finally, the notice will tell you what you must do to remedy the breach, the time limit for doing so (otherwise known as the ‘period for compliance’) and – most importantly – when the notice is due to come into effect. In this example issued by South Lakeland District Council, the notice requires the developer to demolish the top floor of a building marked for agricultural use. The council believes that this floor has been changed to residential use without planning authorisation and without any of the required alterations that would make it safe for residential use, such as windows and fire escapes.

What happens if you ignore a planning enforcement notice?

Before we go into what happens if you ignore an enforcement notice – don’t do it!

It is important to recognise that an enforcement notice, once served, becomes valid if it is not appealed within the required time. It will remain valid forever in relation to the alleged breach of planning. If you do not take the necessary steps in the notice to rectify the breach of planning once the enforcement notice has become valid, the council will often take the next step in their enforcement powers, i.e., summoning the owner to the Magistrates Court.

Failure to comply with an enforcement notice is a criminal offence and you could face hefty financial penalties or even prison. In 2020, a successful enforcement prosecution resulted in a penalty of £309,011 – this comprised a £20,000 fine, £27,174 in legal costs and a confiscation order of £261,837.

If you receive an enforcement notice, you should take legal advice immediately.

Appealing an enforcement notice

One way of stopping the enforcement notice from becoming valid is to appeal the notice within the allowed timeframe. The appeal process is then dealt with by the Planning Inspectorate, rather than the council that issued the notice.

The law sets out the various grounds on which you can appeal the notice. For example, you might appeal on the ground that there has been no breach of planning control. There is even a ground of appeal that allows you to retrospectively apply for planning permission for the breach, the merits of which will be considered by the Inspectorate.

It may be the case that the council is out of time to issue the notice in the first place. There are certain time limits within which a local planning authority must issue an enforcement notice – this is colloquially known as the 4- and 10-year rule.

The 4-year rule applies to single residential properties. If you make any changes to your building without planning permission, or in contravention to a condition of your planning permission, you will be protected from enforcement action if nobody raises any issues within the 4-year time period.

The 10-year rule applies to alterations or changes of use to all other classes of buildings – if nobody raises an issue with the alteration within the 10-year period, then it is not enforceable.

You can read more about the 4- and 10-year rule, and Lawful Development Certificates, in our popular blog.

Whichever ground is appropriate to your case, your solicitor will help you to build your case around the relevant one and provide the Inspectorate with the following documents on your behalf:

• A copy of the enforcement notice
• Building plans
• Documents to support your appeal
• The appeal itself.

It is highly recommended that you use a specialist planning solicitor when appealing an enforcement notice. They will have an in-depth understanding of all the relevant legislation and policies outlined in the notice and will be able to tell you whether your appeal is likely to deliver a positive outcome. If they believe you have a case, a planning specialist will be able to help you put together compelling dossier of evidence and ensure all your documentation is in order to give your appeal the maximum chance of success.

The average appeal decision time varies according to whether any hearings or inquiries have to take place. For a written appeal, the average wait time is 50 weeks, followed by 57 weeks for hearings and 92 weeks for inquiries.

How can I avoid a planning enforcement notice?

The best way to avoid the stress and potential cost of an enforcement notice is to ensure you don’t breach planning permission rules in the first place.

Unfortunately, the world of planning law can be a confusing and complicated place for the uninitiated. That’s why it’s vital to take legal advice at a very early stage to ensure that you are complying with the relevant legislation and policies at every stage of development.

While you may be hesitant about paying out for a lawyer, trying to go it alone can be a false economy. As we saw above, there can be steep financial penalties if you get on the wrong side of the law – even inadvertently.

So, whether you are looking to build an extension, install a home office in the garden or make any kind of alteration to your property, please do get in touch. We can ensure that your planning application is exemplary and that your build complies with all conditions attached to your grant of planning permission.

To discuss your specific requirements, call our Salvatore Amico, Partner and Head of Planning, on 0203 871 0039 or email salvatore.amico@attwaters.co.uk.