The most common form of enforcement action is to issue an Enforcement Notice. The following is intended as a general guide only.
An appeal may be lodged with the Planning Inspectorate against an enforcement notice before it comes into effect. This must be on one of seven specified grounds:
a) That, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged.
b) That those matters have not occurred.
c) That those matters (if they occurred) do not constitute a breach of planning control.
d) That, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters.
e) That copies of the enforcement notice were not served as required by section 172.
f) That the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach.
g) That any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed.
Where a related planning application has previously been made there are restrictions on whether an appeal against an enforcement notice can be made on the ground that planning permission should be granted for the development (Ground a).
If an appeal is made, the requirements of the notice are on hold until the appeal is decided. Appeals against enforcement notices can sometimes take up to a year or longer.
If an appeal is allowed, the enforcement notice no longer applies.
If an appeal is dismissed the notice will take effect on the date the appeal is determined. The steps required must be taken within the period for compliance which will be as set out in the Enforcement Notice as amended in any appeal.
Legal action, such as prosecution, can only be taken if an individual then fails to comply with an enforcement notice. Failure to comply with an enforcement notice is a criminal offence. If the notice is upheld, the penalty for failure to comply is a fine of:
Up to £20,000 on summary conviction, (usually by the Magistrates’ Court) or;
An unlimited fine on indictment (usually in the Crown Court)