Q&As

If an enforcement notice is served on both the tenant and landlord and this is not appealed or complied with, who will be liable to be prosecuted?

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Produced in partnership with Harriet Townsend of Cornerstone Barristers
Published on: 12 November 2019
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It is assumed that the site subject to enforcement is owned by the landlord but let to a tenant occupier with an interest in the land.

If an enforcement notice issued under section 172 of the Town and Country Planning Act 1990 (TCPA 1990) is not appealed, it will take effect on the date stated in the notice, and cannot thereafter be questioned in any proceedings whatsoever on any of the grounds on which an appeal could have been brought (TCPA 1990, s 285).

TCPA 1990

Harriet Townsend
Harriet Townsend

Cornerstone Barristers

Harriet is a barrister with some 25 years' experience. Her principal areas of practice concern planning and environment law, and related property matters.

Recent work includes major compulsory purchase and compensation disputes; contentious residential proposals and related problems of housing land supply; high value basement development in London; and environmental impact assessment raising some of the most complex environmental issues of the day including heritage impact, habitats and species protection, and air quality concerns.

Harriet is frequently engaged to provide advice ' often on difficult questions of law, but also on strategy, procedure, and the conduct of negotiations. Recent instructions include the conduct of local authority Councillors, compensation claims under Part 1 of the Land Compensation Act 1973, reform of compulsory purchase law, and current legal issues in waste management.

On Climate Change, Harriet is the author of two articles in the Journal of Planning Law (2008 and 2009) and is following policy developments in this area with interest.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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