A breach of planning occurs when a development is caried out without the required planning permission, or where the development doesn’t meet the conditions set when planning permission was granted. If made aware of a potential breach of planning control, Local Planning Authorities (LPAs) have responsibility for taking whatever enforcement action may be necessary, in the public interest.

Many enforcement issues can be dealt with through discussion and negotiation with LPA Enforcement Officers. DLA Town Planning have a vast range of experience of working with LPA’s to resolve all types of varied and complex planning issues and we would recommend that you approach us as soon as the LPA have  been in contact to maximise the chances of success.

In some instances however, the LPA may decide it is in the public interest to issue an Enforcement Notice (EN). The EN will set out what – in the LPA’s view – constitutes the breach of planning control; and what steps they require to be taken, or what activities are required to cease to remedy the breach, within a specified timescale.

There is a right of appeal against the EN to the Planning Inspectorate, which if successful, could allow you to retain the use, or the buildings in question.  Lodging an appeal also has the effect of putting the EN into abeyance, which if nothing else will allow you more time to make alternative provision.  Our experienced staff will be able to advise you of the potential grounds of appeal and the best way forward.