Planning enforcement - options for developers

Planning enforcement – options for developers

If you are a developer and have been served an enforcement notice, it is essential to seek professional advice – how you respond can have a significant impact on the project’s outcome. In this blog, we explain the local planning authority’s (LPA’s) enforcement powers and what you can do if you receive a notice.

Types of enforcement tools

There is no single approach that an LPA must take when addressing a breach of planning control. As per government guidance, enforcement action should be proportionate and in the public interest, meaning the response will depend on the nature and impact of the breach.

Enforcement notice

The most common tool used by an LPA is an enforcement notice – this sets out the alleged breach, the steps the developer must take and the timeframe for compliance. All enforcement notices will include information on how to appeal.

In some cases, a stop notice may be served at the same time as the enforcement notice, requiring work to cease immediately. It is not possible to appeal against this.

Breach of condition notice

A breach of condition notice is similar to an enforcement notice, but there is no right of appeal. Therefore, it may be used in instances where the LPA considers it expedient to stop the breach quickly, without the delay of an appeal process. If the developer does not comply with the planning conditions within a set period, they may face prosecution and could be liable for an unlimited fine.

Injunction

In rare cases, the LPA may apply to the Court for an injunction to restrain a breach of planning control. This is the most serious enforcement action as failure to comply with the injunction could result in imprisonment.

Comply or appeal?

If you receive an enforcement notice, you typically have 28 days to make an appeal. An appeal may be brought on one or more of the grounds listed in the Town and Country Planning Act. These grounds generally fall into three categories:

Procedural grounds (eg, where the enforcement notice has not been served correctly)
Factual grounds (eg, where there is a dispute over whether a breach has actually occurred)
Policy grounds (eg, where planning permission for the development ought to be granted).

Submitting an appeal will likely delay your project, but complying with the notice may involve remedial works and incur additional costs. It’s therefore essential to consult with a legal expert who can help you make an informed decision.

Mitigation strategies

Mitigating enforcement risks begins well before any formal action is taken – it is key to ensuring full compliance with planning laws from the start. Seeking professional advice can ensure that you don’t unknowingly breach planning conditions.

If you have identified a potential planning breach, early action is key. If the LPA has not yet served a formal enforcement notice, you may be able to resolve matters in a way that works for both parties – this might involve negotiating planning conditions or submitting a retrospective planning application.