Can you remove an enforcement notice?

It is not Council policy to formally withdraw an Enforcement Notice once it has been complied with although in most cases a note will be made on the land charges register on the date the Notice was complied with. The absence of a note does not necessarily mean that the Notice has not been complied with.

How long do you have to appeal an enforcement notice?

The effective date in the case of an enforcement notice is usually 28 days from when it was first served. There are various aspects of the notice that you can appeal. The notice will include some notes as to your rights of appeal and it should also confirm the time period within which you must submit the appeal.

What is a planning enforcement notice?

An Enforcement Notice is one of the first steps taken by a council when there is a development or part of a development that they feel is in breach of planning control. This notice is just one of many actions that authorities can issue depending on the circumstances and status of your planning project.

Who can issue an enforcement notice?

Only the Magistrates’ Court can issue a Planning Enforcement Order, and only if a local planning authority applies for one. A copy of the application will be served on the owner and occupier of the land, and anyone else who might be materially affected by taking enforcement action.

On what grounds can you appeal an enforcement notice?

You can appeal against an enforcement notice if you own, rent or lawfully occupy the property or land it applies to. Anyone can comment on an appeal. There’s no fee for appealing, unless you also apply for planning permission.

How long does an enforcement order last?

Upon expiry of 32 days after issuing the courtesy letter (whatever the case may be), the RTIA must issue the enforcement order and serve it on the infringer. It is important to note that the RTIA only issue an enforcement order after 32 days have lapsed.

What powers do planning enforcement have?

A planning enforcement order enables an authority to take action in relation to an apparent breach of planning control notwithstanding that the time limits may have expired.

How do you respond to a planning enforcement notice?

When dealing with a Planning Enforcement Notice, always seek professional legal help from a planning solicitor, or a planning barrister. By ignoring the notice and hoping it will go away, your legal position will be far more precarious. Contact us for further legal advice on this matter.

What powers does a planning enforcement officer have?

Providing guidance about planning applications, breaches of planning law, retrospective planning applications and enforcement action. Investigating complaints to determine whether planning permission for works that have begun or are completed is required. Making site visits.

Is there a time limit on planning enforcement?

Enforcement action must be taken within 4 years in relation to the erection of buildings, and within 10 years in relation to changes of use (unless it relates to the change of use to a dwelling), and breaches of conditions. There is no time limit for the enforcement of breaches of listed building legislation.

Can an enforcement order be Cancelled?

An enforcement order must be revoked by the RTIA if the infringer applies for revocation in the prescribed manner and submits reasons for example, that due process was not followed, to the satisfaction of the registrar why an enforcement order must be revoked.