Enforcement

Local authorities have powers to investigate and resolve possible planning breaches.

A breach can be either when development is happening without planning permission, or if a development with planning permission is not following the conditions of the planning permission.

If you have concerns about a potential planning breach, you should contact your local authority. They will need to know where the possible breach is taking place, and what is happening there. 

There are several different ways that a local authority can respond.  They can issue a Stop Notice, Enforcement Notice or ask for a retrospective planning application. The local authority is required to be proportionate in their response, and it is up to them to decide how best to resolve the breach. If necessary, the local planning authority can make the developer restore the site. However, the developer can appeal against an Enforcement Notice if they feel that it is unfair.

There are time limits for enforcement action – for most types of development this is within 4 years of the completion of development. There are exceptions if the developer has deliberately concealed the planning breach.