Planning enforcement risks for developers
We understand that navigating the evolving planning system can be a challenge for developers. However, full compliance with planning laws is key to delivering a successful project. Failing to comply with regulations can have serious consequences on a project’s viability, potentially resulting in an enforcement notice and costly delays.
What is planning enforcement?
If there has been a breach of planning control, a local planning authority (LPA) can choose to take enforcement action. According to the Town and Country Planning Act, a breach occurs when work is carried out without the necessary consent or not in accordance with planning permission.
When responding to breaches, LPAs must use their discretion to take proportionate action that is in the public interest. The LPA will decide whether the breach has had an unacceptable impact on public amenity, and consider the welfare of those who may be affected by both the breach and the proposed action.
Common scenarios for developers
Planning enforcement may occur in a range of situations, including:
- Where work has started before obtaining planning permission
- Failure to comply with planning conditions (such as time limit, materials used and working hours)
- Changing the use of land or buildings without permission
A fictional case study
For example, a developer received permission to convert an office building into residential flats. When work is underway, the developer decides to extend the ground floor, thus increasing the footprint. The developer, who was under time pressure, assumed that this would be permitted; however, the extension now backs closely onto a school. The LPA must therefore decide whether to take enforcement action.
The risks of enforcement
Where a breach has occurred, an LPA may issue an enforcement notice, which includes instructions on how to remedy the breach. For example, the developer in the case study may be required to demolish the extension which did not comply with planning permission. Ignoring this could result in an unlimited fine, if imposed by the Crown Court. The LPA may also serve a stop notice in conjunction with an enforcement notice, prohibiting further unauthorised activity.
As well as the financial implications of an enforcement notice, a developer’s reputation may be damaged. Stakeholders may be cautious about working with them in future and it could become harder to secure planning permission.
How Attwaters can help
If you think you have breached planning regulations, early legal advice is key. You may be able to submit a retrospective planning application for the work you have carried out, however there is no guarantee that this will be granted. Talk it through with our Town & Country Planning Team on planning@attwaters.co.uk or 0203 871 0039.
