What is an Enforcement Notice
Information about the process of issuing Enforcement Notices and appealing against them.
Enforcement and Breach of Condition Notices
- Enforcement Notices are documents served by the Council which require the use of the land to stop and / or any buildings or structures that do not have planning permission to be removed. The Council must find out the names of all the owners and occupiers of the property to ensure an Enforcement Notice is served correctly. The Enforcement Notice itself has to be precise on what action the Council wants taken and by what date. There are rights of appeal to the Planning Inspectorate and Enforcement Notices can be challenged if they are inaccurate.
Further advice and information is available from the Planning Portal website.
- Details of Enforcement and Breach of Control Notices served since January 2002 are available to view our View Enforcement Notices web page
- When conditions imposed on a planning permission are being disregarded, the Council can serve a "Breach of Condition Notice" on the developer or occupier. If this is not complied with legal action can be taken by the Council. There are no rights of appeal to the Secretary of State against a Breach of Condition Notice. Where appropriate the Council will use this procedure in preference to the service of Enforcement Notices.
- Within seven days of being authorised to serve an Enforcement Notice the Council will advise the owner and / or occupier of the land affected, in writing, of its decision and give an opportunity to cease the breach before the Enforcement Notice is served.
- The complainant will be informed when the Enforcement Notice is served, what action is required and when the period for compliance expires.
- The complainant and neighbours will be advised of any appeal that is lodged against an Enforcement Notice and the grounds upon which the appeal has been made. Further comments can then be made to the Planning Inspectorate by any complainant. At this stage the names and addresses cannot be kept confidential.
- Arrangements to inspect the premises will be made by the Council once the compliance period expires in order to find out whether the requirements of the Enforcement Notice have been satisfied.
- If the unauthorised development remains in place after the Enforcement Notice becomes effective the Council will start legal action as soon as possible and the complainant will be kept informed of the outcome of any prosecution. As a last resort the Council will consider carrying out works itself to remedy the breach.