What happens if you ignore a planning enforcement notice?
The steps detailed to remedy the breach exceed those required by planning control. The time allowed to comply is insufficient. Failure to appeal will cause the enforcement notice to take effect. If you do not then comply with it, you will be committing a criminal offence.
What is a planning enforcement notice?
An Enforcement Notice is a legal document requiring you to carry out certain steps (to resolve an alleged breach of planning control) within a particular timeframe.
How long does an enforcement notice stay in effect?
It may be possible to challenge it through other means under the Planning Acts. Enforcement notices are entered on the planning register. A planning enforcement notice lasts ten years.
What is the minimum time period that must be allowed if an enforcement notice is issued?
We have to carry out a number of legal checks that can take around 5 weeks. Once issued, the notice takes a minimum of 28 days to come into effect, at which point the period for compliance starts. The period for compliance must be reasonable, allowing sufficient time for the required works or relocation of a use.
What is the 4 year rule in planning?
The ‘4 Year Rule’ allows you to make a formal application for a certificate to determine whether your unauthorised use or development can become lawful through the passage of time — rather than compliance with space standards — and can continue without the need for planning permission.
What is the 10 year rule in planning?
‘THE 10 YEAR RULE’ applies to a Change of Use to land and buildings which must have existed in excess of 10 years before it can be protected from enforcement action. Therefore you may have a perfectly adequate building but no lawful use for it.
Is a planning contravention notice serious?
Being issued with a Planning Contravention Notice often presents difficulties for landowners and, in cases of residential property, might put the owner’s security at risk as well as the security of the lender. However, if a Planning Contravention Notice is handled well, it may be possible to avert enforcement action.
What is the 4 year rule?
‘THE 4 YEAR RULE’ applies to building, engineering or other works which have taken place without the benefit of planning permission, and that have remained unchallenged by enforcement action for 4 years or more. In this context one has undertaken operational development or physical works.
What happens if you don’t follow planning permission?
If you do require planning permission but you proceed without it, you will have committed a planning breach. In the event of a planning breach, you will need to submit a retrospective application to the local council. If this is successful, you will not need to take any further action.
Does a planning enforcement notice expire?
It has also been held that a Planning Enforcement Notice is not discharged even by compliance and remains in operation indefinitely. It is open to LPA’s to bring prosecutions for breaches of the planning notice even after initial compliance with the notice.
What do planning enforcement officers do?
Planning enforcement is usually carried out by an enforcement officer, whose role may include: Providing guidance about planning applications, breaches of planning law, retrospective planning applications and enforcement action.