Can I appeal a Planning Enforcement Order?

You can appeal against decisions made by the Secretary of State within 21 days of being made, or within 28 days of being notified of the decision. The council will not be able to take action if this appeal has been lodged first. Once an order is granted then it’s up to the owner or occupier to comply with any requirements that have been set out in the order. Failure to do so could result in a fine.

What if after a Planning Enforcement Order has been issued I want to build something else?

It is possible to make a planning application for anything that was originally refused if you still think it’s allowed by the relevant planning policies and handbook. In order to get full approval, an application must also demonstrate why the proposal should be decided upon without going through another public consultation process or being referred back for refusal. You have up until 6 months from the date that any initial enforcement notice was served before this six-month time limit expires.

Who can go ahead with an application for a Planning Enforcement Order on my behalf?

An application for a Planning Enforcement Order on your behalf can be submitted through agents engaged by you. These agents need to have full authority from their clients to submit relevant evidence in support of their case. An agent submits the evidence to the Local Authority instead of the applicant, who is normally the developer or landowner caught breaking planning regulations. Agents are also required to send a copy directly to any owner or occupier affected by the breach as well as anyone who has asked to receive these notices.

What can I do if there is no planning application submitted first on my behalf?

If the first time you hear about your property requiring planning permission is after it has been granted without your knowledge, then there are steps that you can take to rectify this mistake as soon as possible. You have 21 working days from when you found out about this development taking place on your property to submit an appeal against the decision of the Local Planning Authority. This can be done by using a planning application for a Certificate of Lawfulness.

What happens after a Planning Enforcement Order has been issued?

After you receive a notice which states that an enforcement order has been granted, it must now be implemented as soon as possible. Failure to comply with any conditions stated on the notice or refuse/failure to carry out works will lead to the order being enforced by you through the service of an injunction, or possibly a fine of up to £20,000. If this isn’t done within 28 days of receiving the notice, then further fines may be imposed on each day when these failures continue. These new fines are not restricted in terms of size.

What Evidence is needed to obtain a Planning Enforcement Order?

Councils can submit their application as long as they have enough evidence to demonstrate that there has been a breach of planning control. The council will not be able to take action if the appeal has been lodged first.

If this isn’t done within 28 days of receiving the notice, then further fines may be imposed on each day when these failures continue. These new fines are not restricted in terms of size.