Q&As

What are the implications for the recipient of a planning enforcement notice if the recipient fails to comply with it?

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Published on LexisPSL on 20/09/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • What are the implications for the recipient of a planning enforcement notice if the recipient fails to comply with it?

What are the implications for the recipient of a planning enforcement notice if the recipient fails to comply with it?

Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. Such a breach can include failing to comply with any condition or limitation subject to which planning permission has been granted and carrying out development without the required planning permission. Responsibility for enforcing against a breach of planning control usually falls upon the local planning authority (LPA).

TCPA 1990, s 171A defines ‘taking enforcement action’ as the issue of an enforcement notice, or the service of a breach of condition notice. However, there are other formal means by which the LPA can tackle breaches of planning control including: planning contravention notices; enforcement, stop, temporary stop and breach of condition notices; and injunctions.

Under TCPA 1990, s 172, an enforcement notice must be issued on the owner and on the occupier of the land to which it relates, and on any

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