Sign-in Help

Enforcement

View Planning by content type:

Practice notes
Precedents
Q&As
News

Latest Planning News

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Retained EU law—a guide for the perplexed

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

Challenges to the validity of retained EU law

Challenges to the validity of retained EU law

The following Corporate Crime news provides comprehensive and up to date legal information on Challenges to the validity of retained EU law

Lexis®PSL Planning monthly highlights—September 2015

Lexis®PSL Planning monthly highlights—September 2015

The following Planning news provides comprehensive and up to date legal information on Lexis®PSL Planning monthly highlights—September 2015

Featured Planning content

Declaratory relief of planning decisions

Declaratory relief of planning decisions

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...

Grounds of appeal—introducing new evidence

Grounds of appeal—introducing new evidence

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Planning conditions—the six tests

Planning conditions—the six tests

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

Section 215 notice requiring maintenance of land

Section 215 notice requiring maintenance of land

IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...

Practice notes

Operational development

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
Read More >
9th Nov
Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
Read More >
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
Read More >
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes

Material change of use

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
Read More >
9th Nov
Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
Read More >
9th Nov
Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
Read More >
9th Nov
tag iconBrexit
Practice notes

Defining the planning unit

Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...
Read More >
9th Nov
Practice notes

Permission to appeal—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
9th Nov
Practice notes

Highways—ownership and creation

Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...
Read More >
9th Nov
Practice notes

Keeping planning permission alive

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
Read More >
9th Nov
Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
Read More >
Produced in partnership with Laura Bolado 12th Jan
tag iconBrexit
Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...
Read More >
9th Nov
Practice notes

Local Development Orders

What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...
Read More >
9th Nov
Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...
Read More >
9th Nov
Practice notes

Compulsory purchase—compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
Read More >
Produced in partnership with Stephen Morgan of Landmark Chambers 12th Jan

Most recent Enforcement content

Q&As

In which court do you apply for an injunction under section 187B of the Town and Country Planning Act 1990?

Section 187B of the Town and Country Planning Act 1990 (TCPA 1990) states that:‘[187B Injunctions restraining breaches of planning control][(1) Where...
Read More >
15th Jan
Practice notes

Types of planning enforcement

Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action...
Read More >
15th Jan
Practice notes

Enforcement of planning obligations

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
Read More >
15th Jan
Practice notes

Enforcement notice appeals and challenges

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
Read More >
15th Jan
Practice notes

Failure to comply with planning enforcement—criminal liability and direct action

Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach...
Read More >
15th Jan
Practice notes

Planning—enforcement

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
Read More >
15th Jan
Practice notes

Conservation area enforcement and criminal liability regime

This Practice Note explains the offences which may be committed under either the Town and Country Planning Act 1990 (TCPA 1990) or the Planning...
Read More >
15th Jan
Practice notes

Listed buildings enforcement and criminal liability regime

There are three ways in which a local planning authority (LPA) may take enforcement action against unauthorised works, or potential/impending future...
Read More >
15th Jan
Practice notes

Lawful development certificates

What is a lawful development certificate?A lawful development certificate (LDC) is a certificate issued by a local planning authority (LPA) under...
Read More >
15th Jan
Practice notes

Deliberate concealment of planning breaches

Overview of enforcement time limitsSection 171B of the Town and Country Planning Act 1990 (TCPA 1990) sets out time limits, after which no enforcement...
Read More >
15th Jan
Practice notes

Dangerous buildings and structures

Powers of the local authorityThe local authority has powers to deal with dangerous buildings under a number of statutes:•section 77 of the Building...
Read More >
14th Jan
Q&As

Is there a rule which allows a structure or temporary structure for which planning permission was needed, but not obtained, to remain and to be replaced after it has stood unchallenged for a period of time without the prospect of enforcement action from the local authority?

The answer to this question is found within the statutory scheme for planning control largely contained within the Town and Country Planning Act 1990...
Read More >
Produced in partnership with Harriet Townsend of Cornerstone Barristers 8th Jan
Q&As

What is the date of compliance with a breach of condition notice that has been unsuccessfully challenged by way of Judicial Review?

Breach of condition noticesThe Town and Country Planning Act 1990 (TCPA 1990) makes provision with regards to planning law. When planning permission...
Read More >
Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan
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?

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...
Read More >
Produced in partnership with Harriet Townsend of Cornerstone Barristers 8th Jan
Q&As

Section 180 of the Town and Country Planning Act 1990 provides that where, after service of an enforcement notice, planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission. Does this provision operate if permission is granted for development which has not yet been carried out, but which development would be inconsistent with the terms of a planning enforcement notice when complete?

Section 180 of the Town and Country Planning Act 1990 (TCPA 1990) is in the following terms:‘…180 Effect of planning permission, etc, on enforcement...
Read More >
Produced in partnership with Constanze Bell of Kings Chambers 8th Jan
Q&As

A person intends to buy a property subject to a tree preservation order (TPO) relating to two beech trees. Those trees are not evident at the property and the seller has not removed them. Can a successor in title be prosecuted for breach of the TPO simply for the fact the trees have been removed without permission by a predecessor in title?

In summary, criminal liability is strict for breach of a tree preservation order (TPO), but this does not pass to successors. However, be careful to...
Read More >
Produced in partnership with Alastair Frew of Lodders Solicitors 8th Jan
Q&As

Does the four or ten-year enforcement limit apply to the construction of a log cabin in breach of conditions requiring adherence with approved plans?

A certificate of lawfulness of existing use or development (CLEUD) under section 191 of the Town and Country Planning Act 1990 (TCPA 1990) cannot be...
Read More >
Produced in partnership with Kevin Leigh of No 5 Chambers 8th Jan
Q&As

Section 77 of the Building Act 1984 makes it a summary offence for a person not to comply with a magistrates’ court order made in respect of a dangerous building/structure. Is there a similar offence for which a person can be prosecuted under the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) for not complying with a court order made under LBA(A)A 1939, s 64? Is there a time limit to making the application to court following service of a notice under LBA(A)A 1939, s 62 or is it a continuing offence?

A person who does not comply with a court order made under section 64 of the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) can be...
Read More >
Produced in partnership with David Nicholls of Landmark Chambers 8th Jan
Practice notes

Section 215 notice requiring maintenance of land

IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...
Read More >
4th Jan
Q&As

Do the directors and shareholders of a dormant private limited company limited by shares have any personal liability if part of a property owned by the company falls off and injures a pedestrian?

This Q&A raises two issues, first, to what extent shareholders and directors can be personally liable for the liabilities incurred by a corporate...
Read More >
11th Dec

Popular documents

LEXISNEXIS

PRA Rulebook—introduction for the insurance and reinsurance sector

On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements

LEXISNEXIS

Scrip dividends

Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a

LEXISNEXIS

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to

LEXISNEXIS

Negligence—when is the duty of care breached?

Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of