Where built development or changes of use of land take place without the planning permission that the local planning authority consider should be in place, the authority has the option of taking enforcement action to remedy the situation. This action could be in the form of an enforcement notice - requiring building work to be modified or taken down, or to prevent a particular use of land continuing. Alternatively, a stop notice could be served, which requires an immediate cessation of work or an activity.
If enforcement action is pending, or a notice has been served, it is important to seek professional advice as to the best course of action. In some cases, discussions with the Council concerned can lead to agreement being reached for work to continue, subject to planning permission being granted first. On other occasions the best advice may be to cease work, or to appeal against the notice that has been served.
We have the experience and expertise to provide the right advice to you in respect of how to deal with the planning system when things go wrong. Whilst the temptation is often to carry on or to appeal against an enforcement notice, it is often the case that this is not the best course of action, and that a negotiated agreement and a planning application will provide you with the authority you need to move forward. Where this is not the case, we are happy to represent clients at both Hearings and Public Inquiries in order to appeal against enforcement action taken against them.