Don’t Panic: Your Guide to Planning Enforcement Notices
Table of Contents
Introduction
Have you received a planning enforcement notice? It can feel like a stop sign on your development project. But fear not! This blog will equip you with the knowledge to help you navigate this situation and help find you a solution.
What is a Planning Enforcement Notice?
Imagine this: You’ve just completed a lovely new extension to your home, only to receive a letter from the council informing you it breaches planning regulations. That’s an enforcement notice. It’s a formal document outlining a suspected breach and the required actions to rectify it within a specific timeframe (usually 28 days).
Why Would You Receive an Enforcement Notice?
You will receive an Enforcement Notice if your construction works do not comply with planning regulations. There are many reasons you may have unintentionally carried out unauthorised works:
- Permitted Development: Many people mistakenly believe their project falls under “permitted development” (works allowed without formal permission). Common examples include extensions, outbuildings, and garden alterations. However, these come with specific size, location, and design limitations, and it’s easy to unknowingly overstep the mark. And, in some cases, permitted development rights can be removed from a property entirely.
- Misunderstanding Regulations: Planning laws can be complex, and even minor deviations can have major implications. Confusing permitted development with full planning permission, or relying on outdated information, can lead to unintentional breaches.
- Outdated Information: Speaking of outdated information, planning regulations aren’t static. What was once permitted development might no longer be allowed due to changes in local or national planning policies.
What To Do If You Receive an Enforcement Notice
The Clock Is Ticking!
Don’t ignore the notice. The timeframe for response is short, and missing the deadline can lead to further complications.
Seek Professional Advise
A professional can help you assess the situation, will advise on your options, and the best course of action. They’ll assess the specifics of the planning enforcement notice, the alleged breach, and the potential consequences.
The most common courses of action are:
- Compliance: If feasible, returning the property to its original state might be the simplest solution.
- Retrospective Planning Application: Seek formal permission for the existing development. However, success rates are lower than standard applications, and they require a strong justification for why the breach occurred.
- Appeal the Notice: If you believe the enforcement is unfair or there’s a legitimate reason for the breach.
If you’ve received a Planning Enforcement Notice and you’re worried about your development and the implications, please contact us. We can offer you advice that’s tailored to your situation.
The Importance of Professional Guidance
An experienced professional will:
- Provide you with an understanding of the relevant planning regulations and help you navigate the complexities with ease.
- Assess your specific situation and recommend the course of action with the highest chance of success.
- Assist you in applying for a retrospective application, including preparing a compelling case and ensuring all necessary documents are submitted.
- Guide you through the appeals process and represent your case effectively.
Don’t Wait!
Time is of the essence. By seeking professional help immediately, you can minimise stress, explore the best options, and increase your chances of a successful outcome. With the right guidance, you can overcome this hurdle and achieve your development goals.
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