Planning Enforcement - Huntingdonshire District Council

ADVICE NOTE 8Enforcement_________________________________________________________________If no appeal is submitted, the enforcementnotice comes into effect on the due date. Ifan appeal is submitted, this suspends theterms of the Notice. Thus, unless a stopnotice is issued, the unwelcome effects ofa development may lawfully continue untilafter an appeal has been considered. Ifthe appeal is successful, the mattersreferred to in the notice become lawful andno further action can be taken.ο Enforcement NoticeThis is the usual means by whichunauthorised development can beremoved or stopped. As previouslystated, it is not usually an offence fordevelopment to be carried out withoutplanning permission, but it is an offencenot to comply with an Enforcement Notice.An Enforcement Notice must specify whatthe alleged breach is, the reasons forissuing the notice, what action is requiredand the time given to do this. Enforcementnotices are served on all interested partiesand have a right of appeal (furtherinformation regarding appeals can befound at www.planninginspectorate.co.uk).An appeal can be made on some or all ofthe following grounds. These are:• that planning permission should begranted for the allegeddevelopment;• the breach of control has notoccurred as a matter of fact;• there has not been a breach ofplanning control;• it was too late to take enforcementaction;• the notice was not properly servedon everyone with an interest in theland;• the steps required by theenforcement notice go beyondwhat is necessary to overcome theobjections; and/or• the time given to comply with thenotice is too short.There are similar grounds of appeal forListed Building Enforcement Notices,although the appellant can also questionthe architectural or historic merit of thebuilding or argue that the works wereurgently necessary in the interests ofsafety or health or for the preservation ofthe building. Appeals are dealt with by thePlanning Inspectorate in a similar way tothose for planning appeals.If the appeal is unsuccessful, the periodfor compliance starts from the date of theinspector’s decision letter. In some cases,this could amount to anything up to afurther 12 months. If an EnforcementNotice is not complied with prosecutionproceedings can be brought and/orOfficers have authority to enter land, carryout remedial work, and reclaim the costsfrom the landowner.ο Stop NoticeThis requires that an unauthorised use orbuilding work should stop immediately. Itis therefore served at the same time as anEnforcement Notice. It is used to ensureserious breaches of planning control arenot allowed to continue.A Temporary Stop Notice can be servedwithout the need for an EnforcementNotice, but is only effective for 28 days.After this time the use or works maycontinue, unless other measures areundertaken.ο Breach of Condition NoticeThis is served where breaches of planningconditions are identified. There is no rightof appeal against such a Notice and noncomplianceconstitutes a criminal offence.ο Untidy Land (Amenity) NoticeIf land or a building is so untidy that itaffects local amenity, steps can be takenthat require it to be cleared up. Itscondition, however, must not be the resultof lawful operations or use of the land.Thus, an owner is not expected to keep a___________________________________________________________4