Have you ever wondered what would happen if you decided to not react to a Planning Enforcement Notice?
In the attached article Horse owner fined more than £12,000 after building stables on her land – Horse & Hound (horseandhound.co.uk) we can see here, just what can happen when you ignore dialogue with Planning Enforcement.
In this article we delve a little deeper into Planning Enforcement and our advice on what to do if you receive a Planning Enforcement Notice.
So, what is a Planning Enforcement Notice and when are they issued?
The gov.uk website states that an Enforcement Notice
“is issued where the local planning authority is satisfied that it appears to them that there has been a breach of planning control and it is expedient to issue a notice, taking into account the provisions of the development plan and any other material considerations.”
Planning Enforcement Notices are served by the Local Authority to stop any buildings or structures that do not have planning permission to be removed and put right what has been done wrong. The Notice will clearly explain
- who is issuing the Notice,
- the Land in which it relates to,
- the matters that appear to constitute the breach of planning control and the reason for issuing it,
- what you are required to do,
- the time period for compliance of the Notice and,
- when the Notice takes effect.
It will also advise you of your right to appeal and what will happen if you don’t.
Is a Planning Enforcement Notice a Legal Document?
Yes, and for this reason, it should not be ignored. The Enforcement Notice will clearly tell you what the consequences are if you fail to comply.
As much as the desire to bury your head in the sand hoping it will go away, seems very appealing, the consequences of not doing anything does have severe repercussions. Unless an Enforcement Notice is complied with/or successfully appealed against (via the Planning Inspectorate), it becomes a criminal offence and will be subject to either prosecution and/or remedial action by the Local Authority.
What to do Next
Here, it is important that you consider how you reply as this will become part of the case against you if it is taken to Court.
In cases like this, we would always advise speaking to a planning professional at the earliest opportunity. Here at Eldnar Consultancy, we deal with planning issues on a daily basis, and we can help you initiate contact, which then confirms to the Planning Enforcement Team that the Enforcement is being taken seriously, and being dealt with not only in the correct manner, but by a planning professional who will work with them to get the best outcome for both parties.
We would add that we are not party to the full details on what exactly happened in this case, but as can be seen from the article, the owner of the land, although did initially engage in communication with Planning Enforcement, decided not to carry on the dialogue after receiving “contradictory advice” about what could be done on the land.
If you receive a Planning Enforcement Notice, know that we’re here to help you deal with it in the best way possible and can be contacted here to help achieve the best possible outcome.