Enforcement

Where a local planning authority believes development or use of land or buildings has been carried out without the necessary planning permission they may seek to initiate enforcement proceedings.

We can advise how best to deal with such proceedings, how to approach ‘Requests for Information’ and Planning Contravention Notices prior to substantive enforcement action being taken, such as the issuing of Enforcement Notices, or Breach of Condition Notices.

Often we may be able to help negotiate solutions, drawing on case law, relevant planning policy, and other material considerations to avoid formal Enforcement Notices.

It may be possible to negotiate with the local planning authority to resolve matters either by way of a necessary planning application, or to regularise the position by way of application for a Certificate of Lawful Use, and we can identify when a Notice has been incorrectly served.

Where none of the above can be achieved, and a Local Planning Authority resolves to undertake formal Enforcement Action, it is crucial to act promptly, and our team has significant experience, either providing innovative ways to comply with a Notice or progressing enforcement appeals to a successful conclusion.