Appeals against enforcement

If the Council considers that your development involves a breach of planning control which:

  • would not be granted planning permission and
  • causes planning harm

it can take formal enforcement action in the form of an Enforcement Notice. 

An Enforcement Notice will clearly state

  • the matters which constitute the breach of planning control
  • the steps required to remedy the matter
  • and the date by which the requirements must be undertaken.

You may be required to stop your activities, or demolish all or part of the building if you have not complied with a condition imposed on the grant of a planning permission.

The Council may issue a Breach of Condition Notice which will require you to carry out work to follow the terms of the condition.

There is a right of appeal to the Secretary of State against an Enforcement Notice. If an appeal is dismissed, the Notice becomes effective.  It is an offence not to comply with the Notice at this point.  If you do not comply:

  • the Council may decide to prosecute or seek an injunction against you 
  • the Council has the option to take direct action to secure compliance with the requirements of the Enforcement Notice
  • you will be charged for any works the Council undertakes

There is no right of appeal against a breach of condition notice.  You will risk prosecution if you do not comply with it.

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