Find out the different types of planning enforcement notices there are and the actions to take.
Enforcement Notices are legal documents. They state when action needs to be taken to fix a breach of planning control. They are issued where development has taken place without the correct planning permission or outside what was allowed by any planning permission that was given.
Planning contravention notice
These documents are served where it appears that there may have been a breach of planning control. In these cases we require information about activities on the land, or the nature of the recipient's interest in the land.
Breach of condition notice
Where there is a failure to comply with any condition or limitation imposed on an approved planning application, we can serve a ‘Breach of Condition Notice’ on the developer or occupier. If this is not complied with, we can take legal action. There are no rights of appeal to the Secretary of State against a Breach of Condition Notice. Where appropriate we will use this procedure in preference to the service of enforcement notices.
These are documents served by us which require the use of the land to stop and/or any buildings or structures that do not have planning permission to be removed and put right what has been done wrong. We must find out the names of all the owners and occupiers of the property and make sure they are served a notice. The notice itself has to be precise as to what action the council wants taken and by what date. There are rights of appeal to the Planning Inspectorate and the notices can be challenged if they are inaccurate. If the Notice is not complied with and/or appealed against then it becomes a criminal offence and the matter is taken to the Courts
Where we consider it necessary that any relevant activity should stop before the expiry of the period for compliance with an enforcement notice, we may, when we serve the copy of the enforcement notice or afterwards, serve a ‘stop notice’ prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.
Temporary stop notices
Where there has been a breach of planning control and it is necessary in order to safeguard the amenity of the area that the activity that amounts to the breach should stop immediately, we can issue a temporary stop notice. This differs from the normal stop notice powers because the temporary stop notice does not have to wait for an enforcement notice to be issued. In addition the effect of a temporary stop notice will be immediate. It will not be necessary to wait three days before the temporary stop notice takes effect or give reasons why the temporary stop notice will take effect immediately.
Untidy land notices
We can serve a notice on the owner of any land or building which is in an unreasonably untidy condition and we consider has an adverse affect on the amenity of the area. The Notice specifies what needs to be done to correct the situation.
Discontinuance notice (Advertisements displayed with deemed consent)
Some advertisements may be displayed without prior consent provided that they adhere to a set of specific criteria (as defined in the Town and Country Planning (Control of Advertisements Regulations) 1992). If however it is considered that the advertisement is detrimental to visual amenity or highway safety, a Discontinuance Notice may be served requiring it to be removed. There is a right of appeal against this notice.
Breaches of building regulations
We will take proceedings where building work contravenes any provision contained in the Building Regulations that is prejudicial to health and safety. A notice may require the owner to pull down or remove the work, or make necessary alterations to make the work comply.
Dangerous building notices and notices under the Building Act 1984
We serve these notices where buildings or structures are dangerous, ruinous or dilapidated or require demolition.
If we serve you with any of these notices we will advise you of your rights to challenge the notice or appeal. However, if you face action we strongly advise you to obtain proper legal advice.
If you wish to see a copy of a notice served since 2005 please view our online system. Any notices served before 2005 can be made available if you contact us using the details at the bottom of the page.
With regard to a breach of Planning Control useful information can also be found on the Department for Levelling Up, Housing & Communities website. Please see links below.