Planning enforcement notices explained and how to appeal

Farmers who fail to secure the required planning permission for building on their land or to meet specified conditions risk facing legal action from their local authority.

If someone carries out development without permission or fails to comply with conditions, the local planning authority can either take no action, approve a retrospective application, or issue an enforcement notice.

See also: How government’s levelling-up plans will affect farmers

Enforcement action must take place: 

• Within four years of substantial completion for a breach of planning control consisting of operational development
• Or within four years for an unauthorised change of use of a building to a single dwellinghouse
• Or within 10 years for any other planning breach.

According to Fred Quartermain, a partner of law firm Thrings, these time limits are generally appropriate because the more obvious breaches that also affect an individual resident are covered by a shorter period, and as enforcement is discretionary, an end point is justified.

However, in the government’s Levelling Up Bill – which contains plenty of planning reform – proposals include the removal of the four-year enforcement rule and increased liability for non-compliance.

The bill is currently at the report stage in the House of Commons and, if all goes smoothly, will not be implemented until 2024.

These changes are likely an effort to make things simpler, reduce resourcing pressure, and improve deterrence, Mr Quartermain explained.

However, the goals are unlikely to be met, even if the bill remains a government priority, he said.

Enforcement appeal process

If someone is deemed to have breached planning, an enforcement notice will be served by the local planning authority.

A breach includes carrying out development without the required permission or failing to comply with any condition stated within the permission.

The notice must set out the specific breaches, how they should be addressed, to what extent, and within what timeframe.

It will not take effect until any appeal has been finally determined, which at least grants more time.

Harriet Townsend, of Cornerstone Barristers, said enforcement is almost always worth appealing and emphasised that reliable legal advice must be sought as soon as possible.

Grounds of appeal to consider

Ground C counters that the specified breach does not constitute a breach of planning control. Ground D states that at the date of the notice being used, no enforcement action could be taken.

If in doubt, include these grounds, as there’s no additional fee, said Ms Townsend, but do not rely on an inadequate Certificate of Lawful Existing Use or Development to defeat enforcement.

Other options include grounds B (it didn’t happen), F (requirements are too strict) and G (more time is needed).

It is recommended to appeal on Ground A, unless there is a good reason not to.

Ground A states “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”.

The other grounds are all fact-based, so without Ground A, it’s difficult to get the inspector to take into account issues of expediency or planning merit, Ms Townsend explained.

As the scope of the application is “the matters stated in the notice”, the permission granted may be more limited than the intended completed project.

One good reason for not appealing on Ground A would be having a right to appeal a planning permission refusal for related development. In that case, appeal the planning permission refusal and get the appeals heard together, she said.