Enforcement and the Submission of Lawful Use; Corrective Planning and Listed Building Applications
Sometimes people undertake building work or they use land in a different way without applying for planning permission when they should.
The planning system is complex and mistakes happen. It is also the case that some land and property owners undertake work in the knowledge that they do need planning permission but do not want to apply.
If there is a breach of planning control the council does not have to take any action but they can do and if it is a serious breach they almost certainly will.
If there is a breach of planning control and the council intervenes we can help. The council’s Enforcement Officer will normally visit the site to confirm that there has been a breach of planning control.
This is a fact finding exercise and the Enforcement Officer has the right to enter a site and cannot be barred.
At this point communication with the council is vital and we can help at this stage before the council takes formal action.
We can explain what the breach is planning control is and the implications. We suggest a course of action and we can start talking to the council to find a way forward.
Following the site visit the council will normally write to the owner or occupier setting out the situation and whether action is likely to be taken. The council may issue a Requisition for Information which will confirm who owns the land and the council may ask questions which will need to be answered.
The council can take a number of Enforcement Actions and this can include issuing one of the following:
- An Enforcement Notice
- A Stop notice
- A Temporary Stop Notice
- A Breach of Condition Notice.
At this point you would have either comply with the Notice as served or in certain circumstances you can appeal. If any of these notices have been issued pleased contact us as a matter of urgency. The right to appeal is time limited and normally has to be made within 28 days of receiving the Notice.
Lawful Use, Corrective Planning & Listed Building Applications
Sometimes when a property is put forward for sale the planning history is not always complete and a retrospective application may be needed. This can be particularly important with Listed Buildings.
We can submit any necessary applications including applications for lawful use to enable the sale of land or property to move forward.
We are always willing to provide help and advice, and are able to provide an initial consultation without charge.