Planning enforcement

Appendix B - Enforcement powers available to the council.

Planning Contravention Notice (PCN) 

Issuing a PCN, which is a legal notice to bring the breach to the attention of the owner/occupier, requires the alleged contravener to provide certain information within 21 days. Failure to respond could result in prosecution in the Magistrates Court.

Enforcement notices

An enforcement notice is a legal document requiring the owner/occupier to take specific steps to remedy the planning breach within a specified time. Failure to comply with the notice results in the breach becoming a criminal offence, which can be prosecuted in the courts.

The notice may be appealed to an independent Government Planning Inspector who can decide to uphold the notice, amend it or have it quashed. 

The requirements of the notice are suspended during the appeal process. Interested parties can make representations to the appeal.

Breach of Condition Notice (BCN) 

A BCN is issued where the unauthorised activity is in breach of a condition attached to a planning permission. It is an alternative to an enforcement notice and requires compliance with the condition. 

Failure to comply is a criminal offence and there is no right of appeal.

Stop notices and temporary stop notices 

A stop notice is issued in conjunction with an enforcement notice in order to require the cessation of works that are causing serious harm. Contravention of such a notice gives a liability of immediate prosecution. 

A temporary stop notice is similar to a stop notice but is only valid for 56 days and does not require an associated enforcement notice to be issued at the same time, but follow-up enforcement notices to any temporary stop notice served is often advisable.

Removal of advertisements 

In some cases, the council can remove advertisements displayed in breach of planning regulations, providing the required notice is served on those responsible for its display.

Section 215 notices

Notices issued under section 215 of the Town and Country Planning Act 1990 are legal documents, which require the owner/occupier to remedy the condition of the land and/or building where it adversely affects amenity. It provides a minimum of 28 days to take effect. 

Failure to comply with the notice is a criminal offence. In such circumstances, the council also has the powers to enter the land, carry out the work identified in the notice and recover the costs of doing this from the owner. Before the notice takes effect, an appeal can be made to a Magistrates Court on grounds set out in sections 217-218 of the Town and Country Planning Act 1990.

Listed building enforcement notices

Where unauthorised works have been carried out to a listed building, a listed building enforcement notice may be served requiring remedial works to be carried out to remove any unauthorised additions and reinstate features of historic or architectural importance.

Listed building repairs notice

If a listed building has been neglected and fallen into poor condition, a listed building repairs notice may be served requiring detailed steps to be carried out to bring the building back into a good state of preservation. Failure to comply with the notice may allow the council to apply to the Secretary of State for an Order to acquire the property.

Urgent works notice 

Where a listed building requires immediate steps to be taken to make it structurally safe and weatherproof, an urgent repairs notice may be served requiring those steps to be taken within seven days. 

In the event of non-compliance the council may enter the land and carry out the works in default. Any costs incurred will be charged to the owner.

Court injunction

We could apply to the Court for an Order preventing an activity or operation taking place. Failure to comply with such an order is a criminal offence.

Criminal proceedings 

Where a breach has occurred that amounts to a criminal offence, we may seek to prosecute those responsible for the breach. Such action is usually reserved for the most serious of planning control or where there is clear lack of any action required to comply with an enforcement notice. Where such proceedings are successful, the Courts have powers to issue fines.

Default powers (direct action)

The council can enter the land and secure compliance with the enforcement notice, but only where it is clear that there is an established failure to comply with an enforcement notice within the given time period. This power is only used in extreme circumstances.

Discontinuance action 

Where an advert benefitting from deemed consent may be causing serious harm to visual amenity or a danger to the public, we can issue a discontinuance notice which revokes the deemed consent and requires removal of the advertisement.