Planning Enforcement Frequently Asked Questions

Any person who has an enforcement notice served on them has the right of appeal to the Planning Inspectorate. The Planning Inspectorate is an independent body based in Bristol. Their main work is the processing of planning and enforcement appeals and other varied casework, including listed building consent appeals, advertisement appeals, and reporting on planning applications called in for decision by the Department for Communities and Local Government.
An inspector from the Planning Inspectorate will look into the case and decide whether the enforcement notice should be quashed or upheld.

If the notice is quashed, then the Council can take no further action. The Inspector may, in some circumstances, grant planning permission for the activity that was the subject of the notice. If the notice is upheld, then the person must carry out the requirements of the notice, or risk prosecution. Sometimes the Inspector will vary the enforcement notice, for example to allow a longer time to comply with the notice.

If a person does exercise their right of appeal, then the enforcement notice does not take effect whilst the appeal is being considered. During this time, which may be several months, the Council cannot prosecute for failure to comply with the requirements of the notice. Any person who has a Section 215 Notice served on them has a right of appeal to the Magistrate's Court, on certain grounds.

For further advice on such an appeal, please contact your solicitor or a planning agent. There is no right of appeal against a breach of condition notice and you will risk prosecution if you do not comply with it. The reason for this is that there is a right of appeal against the original imposition of a condition on a planning application.

The contravention of an injunction is contempt of court and the court can levy an unlimited fine or impose a custodial sentence .