Frequently asked questions about planning enforcement
We understand you have questions, and we're here to provide clear, practical answers. Below are the 5 questions we're asked most often about planning enforcement, along with the answers we typically provide, based on our extensive UK local authority experience. It all began with a simple idea fueled by a deep passion. As a small business, we pride ourselves on personal attention and dedication to every detail. Our approach is rooted in quality and integrity, ensuring that everything we do reflects our commitment to excellence.
Is this actually a breach of planning control?
Not everything that appears incorrect constitutes a breach. For enforcement to be applicable, there must be either development undertaken without planning permission, or a failure to comply with a planning condition or limitation. Some activities are not considered 'development' (e.g., internal works), while others may fall under permitted development rights. The initial step is always to establish the facts on site and cross-reference them with the planning history. We stress that enforcement is evidence-led, not merely complaint-driven.
Will the council take enforcement action if I complain?
Not automatically. Local authorities have the discretion, but not a duty, to take enforcement action. Action is only pursued when there is a clear breach that causes demonstrable planning harm, and it is deemed 'expedient' to act. Minor or technical breaches without material harm may result in no further action, even if technically unauthorised. In plain English: enforcement is about managing harm, not about punishment.
How long does the council have to enforce?
The enforcement period varies depending on the type of breach. For unauthorised operational development or a change of use to a single dwellinghouse, the limit is 4 years (recently changed to 10, although the old limitation can still apply). For other changes of use or a breach of condition, the limit is 10 years. Once these time limits expire, the development may become lawful, even if permission was never originally granted. We often highlight that timing and robust evidence are crucial, especially when asserting immunity claims.
Can I apply for planning permission instead of enforcement action?
Yes, and this approach is often encouraged. Submitting a retrospective planning application can help regularise a breach if the development is acceptable in planning terms. However, it's important to note that an application does not automatically halt enforcement proceedings. If permission is refused, enforcement action may still follow. We frequently explain that enforcement and planning applications operate on separate, yet parallel, tracks.
What happens if I just ignore an enforcement notice?
Ignoring a valid enforcement notice is a serious matter and constitutes a criminal offence. The consequences can include prosecution, significant fines, direct action by the council to remedy the breach (with costs recoverable from you), and ongoing daily penalties. We strongly advise that appealing the notice or achieving compliance are the only sensible options; ignoring it will invariably worsen the situation. Most enforcement cases are resolved without formal notices, through negotiation, revised proposals, or voluntary compliance. Formal action is typically a last resort, not the initial approach.
Ready for expert guidance?
If you're facing a planning enforcement issue and believe BSN Planning can assist, your next step is simple. We offer a free, no-obligation consultation to discuss your specific situation. If you've received a notice or formal action, we'll immediately engage with the Local Planning Authority to understand the context fully. We meticulously review all paperwork to ensure its legal soundness and verify that the basis for action is well-founded and can withstand legal scrutiny. Let us help you navigate these complex matters with confidence. Join us as we grow and succeed together. We're glad you're here to be a part of our story.