Enforcement notice appeals and challenges
Enforcement notice appeals and challenges

The following Local Government guidance note provides comprehensive and up to date legal information covering:

  • Enforcement notice appeals and challenges
  • Who can appeal against an enforcement notice?
  • Time limit for submitting appeal
  • Distinction from appeal against the refusal of planning permission
  • Who the appeal is made to
  • Fees
  • Appeal procedure
  • Grounds of appeal and deemed planning application
  • Consequence of issuing enforcement appeal
  • Powers of Secretary of State in respect of enforcement appeal
  • more

Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. A breach of planning control is defined in TCPA 1990, s 171A as:

  1. carrying out development without the required planning permission—this inherently requires that unauthorised operations or a material change of use, both of which constitute development within the meaning of TCPA 1990, s 55 have occurred, and that planning permission is required for that development and has not been obtained. In deciding whether a breach of planning control has occurred within this context, the guidance and case law concerned with the meaning of ‘development’ will need to be followed—see Practice Notes: Operational development and Material change of use

  2. failing to comply with any condition or limitation subject to which planning permission has been granted—this includes any of the limitations or conditions applied to individual permitted development rights in the Town and County Planning (General Permitted Development) (England) Order 2015, SI 2015/596

See Practice Note: Planning—enforcement for more details as to what constitutes a breach of planning control.

Taking enforcement action in respect of a breach of planning control is defined as the issue of an enforcement notice, or the service of a breach of condition notice. However, there are other formal means by which a local planning authority (LPA) can tackle breaches