September 2021

70
Wanstead Village Directory
plan to fail?
Derek Inkpin from local solicitors Wiseman Lee outlines the methods of
enforcement available to local planning authorities when it comes to
ensuring building projects do not breach the rules
Most people have a reasonable idea
about the requirement to obtain
planning permission for larger
building projects, and obtaining building
regulations consent for the method of
building. However, when something goes
wrong and a house owner decides to build
without planning consent, the weapons in
the armoury of the local planning authority
(LPA) are considerable.
A flagrant breach of planning law is relatively
rare, but it can be a breach of the conditions
in the planning permission which causes
the LPA to take action with the service of an
Enforcement Notice. This will be done if it
is in the public interest to do so. Before this
happens, the LPA will normally write to the
offending owner in the hope of reaching an
agreement on the measures required to rectify
the breach of planning law. Time limits apply
and no enforcement action can be taken after
four years of building operations or a change
of use to a single dwelling. All other cases
carry a 10-year limit, after which a breach of
planning is immune from prosecution.
The methods of enforcement are:
• A planning Enforcement Notice, which is
the most common means of ensuring the
planning breach is corrected.
• A planning Contravention Notice, where
the LPA requires more information about
the building activities carried out. If there is
a failure to respond, or false information is
given, a criminal offence is committed.
• A planning Enforcement Order is served
once made by the Magistrates’ Court, where
an authorised development has been
deliberately concealed.
• A Stop Notice is an urgent measure if a
planning Enforcement Order does not
resolve the breach. If it is not observed,
a criminal offence is committed with an
unlimited fine.
• A Temporary Stop Notice lasts for no more
than 28 days and is used if time is critical for
unauthorised building work. Unlike a Stop
Notice, it does not need to be preceded by
an Enforcement Notice.
• The most serious form of planning
enforcement is a Court Injunction, but this
is rarely used.
• Another rarely used enforcement method is
a Right of Entry, which can authorise officers
from the LPA to enter land where there is an
ongoing breach of planning control.
• A breach of Condition Notice arises where
one or more of the conditions in a planning
permission are not adhered to. A time limit
for compliance is specified in the notice but
there is a right of appeal to the High Court.
Wiseman Lee is located at 9–13 Cambridge
Park, Wanstead, E11 2PU. For more
information, call 020 8215 1000
To advertise, call 020 8819 6645 or visit wnstd.com