The decision whether to take enforcement action and, if so, what action is best suited to a particular circumstance, is at our discretion. We consider each case on its merits and in most planning control cases, enforcement officers are able to discuss problems with developers and resolve them without recourse to formal action. The council always tries to negotiate before resorting to legal action, you can download our planning enforcement policy for more information.
It is a criminal offence not to comply with the requirements of the Enforcement Notice. There is a right of appeal against the serving of an Enforcement Notice. In addition, Section 215 of the Town and Country Planning Act can be used to serve a notice to require the proper maintenance of land if its condition adversely affects the amenity of the area. You can find information about the enforcement appeal process, including procedural guidance, time limits on the government website.
Breach of Condition Notice
There is no right of appeal against a Breach of Condition Notice. If a Breach of Condition Notice has been served and the contravention continues you will be at risk of immediate prosecution in the Magistrates' Court, for which the maximum penalty is £1,000 per offence.
It is a criminal offence not to observe a Stop Notice immediately. There is no right of appeal against a Stop Notice - if you fail to comply with the Notice you will be at risk of immediate prosecution in the Magistrates' Court, for which the maximum penalty is £20,000 per offence.