Recommendations

How long is the time scale for an enforcement notice?

How long is the time scale for an enforcement notice?

An Enforcement Notice must allow a period of at least four weeks before it comes into effect in order to allow for the statutory right of appeal.

What powers do council planning enforcement officers have?

Enforcement officers have a legal right of entry to investigate alleged breaches of planning law. If entry is refused, a warrant may be obtained. Assessing developments that are in breach of planning law to determine the harm done and the possible remedies. Entering into negotiations with the parties.

Who should an enforcement notice be served on?

Serve copies of the notice on all relevant parties, i.e. the owner and occupiers and any other person with an interest in the land, e.g. freeholder, leaseholder and any bank or building society with a mortgage. This has to be done within 28 days of the notice being issued.

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.

How long can breach of planning be enforced?

four years
There are two time limits set out in section 171B of the Town and Country Planning Act 1990 for an authority to take enforcement action: four years where the breach comprises either operational development (the carrying out of unauthorised building, engineering, mining or other operations) or the change of use of a …

Can the Council enter my property without notice UK?

In the case of a non-residential premises under the LG Act, authorised Council officers may access the private land at any reasonable time. Notice of entry is usually required except in limited circumstances, such as the existence of a serious risk to health or safety.

Can a Council officer enter your property?

When an enforcement officer enters your property, they must show you their warrant of appointment, which includes written authorisation for the council or the EPA to use their powers. If they come on to a property and find no one there to show their warrant to, they are allowed to go ahead with their inspection.