Enforcement

How can I appeal?

There are seven potential grounds to appeal an Enforcement Notice, which are included below and set out at Section 174 of the Town and Country Planning Act.

• Ground (a) that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;

• Ground (b) that those matters have not occurred;

• Ground (c) that those matters (if they occurred) do not constitute a breach of planning control;

• Ground (d) that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;

• Ground (e) that copies of the enforcement notice were not served as required by section 172;

• Ground (f) that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;

• Ground (g) that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed.

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​You can submit an appeal on multiple grounds if they apply, although conditions also apply as to when you are able to submit these appeals, particularly Ground (a). If you would like more information on your options, please don't hesitate to get in touch.