Enforcement Appeals
IN THIS ARTICLE
- When you can appeal
- The timeframe to make an appeal
- What happens after you have appealed
If you’ve received an Enforcement Notice you have the right of appeal, provided you have a legal interest in the land.
The appeal must be lodged within 28 days from the date the Notice is issued. An appeal can also be lodged on the grounds that:
- The alleged development is not a breach of planning control.
- It was too late to take enforcement action, and the development has since gained immunity.
- Planning permission should be granted for the alleged development.
- The requirements of the Notice are excessive, and lesser steps would resolve the harm.
- The compliance period is too short, and a longer period should be given.
Appeals are made to The Planning Inspectorate, and they must be submitted before the enforcement notice takes effect.
Enforcement appeal forms can also be obtained by phoning The Planning Inspectorate on 0117 372 63272, or by emailing them at enquiries@pins.gsi.gov.uk
Read more on the Planning Portal
What happens after you have appealed
Once an appeal has been made, the Notice is suspended until the appeal process is complete. This can take several months.
The independent Inspector appointed by the Planning Inspectorate will perform a site visit, and will visit adjacent land/properties if necessary.
Neighbours will be notified of the appeal (in writing), and they will be given an opportunity to comment directly to the Planning Inspectorate.
If the appeal is a public inquiry or hearing, then interested parties will also be given an opportunity to attend and present evidence in person.
An inspector may allow the appeal in part. For example, the Enforcement Notice would still be upheld, but the requirements of the Notice may be altered, or an extended compliance period applied.
If the appeal is accepted, the notice will be withdrawn. This can result in planning permission being granted for the development.
However, you must pay double the planning fee if you’ve not applied for Retrospective Planning permission. What’s this?
If you refuse to submit a Retrospective Planning Application, we will issue an Enforcement Notice that can prevent or make difficult future sales of land or property.
We usually don’t take enforcement action if the development is in accordance with national and local planning policies.
If the development is acceptable, but there are still aspects that need to be controlled, then we may under-enforce.
This still involves an Enforcement Notice being issued, but instead of ceasing the development or asking you to remove works, we will place restrictions on how the development can continue.
