Types of appeal

Enforcement appeals

If you have received an enforcement notice or other formal notice from the local planning authority (LPA) in respect of your property, then there is an opportunity to make an appeal in respect of that notice.

An enforcement notice will usually be served on the owner of a property (and others) where the LPA considers there has been a breach of planning control and consider it expedient to take action to remedy the breach.

The notice will usually require you to stop doing something, such as removing a building or structure, or alter it to make it acceptable.

Timeline

The notice will require you take action within a certain period of the notice taking effect. 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.

Usually you must make sure your appeal is with the Planning Inspectorate within 28 days of the serving of the notice, otherwise you will lose your right to appeal. You will then have to comply with the requirements of the notice or otherwise risk prosecution for non-compliance.

Process

The appeal process depends on the complexity of the issues relating to the requirements of the notice, and you have the options of proceeding either through written representations, informal hearing or Inquiry.

Many appeals in respect of Enforcement Notices are by means of an Inquiry, as there may need to be complex legal issues to discuss or consider. Whilst you may consider Written Representations to be appropriate to your case, the final decision as to the type of procedure will rest with the Planning Inspectorate, in consultation with yourself (or your agent) and the Local Planning Authority.

You may like to consider appointing a professional planning agent to assist you with this type of appeal, as there are likely to be procedural, technical or legal issues that you may not be familiar with. Your agent should preferably be a chartered town planner and a Member of the Royal Town Planning Institute (MRTPI).

The Planning Inspector allocated to your appeal will consider all the evidence provided by all parties and will visit the site to assess the proposal. If the appeal is to be heard by means of an informal hearing or an inquiry, then there will also be discussion between the parties, on a day (or days) set by the Planning Inspectorate.

The decision

A final decision will subsequently be made in writing after the site visit. The whole process from submission to decision should take around three months.

 

The full procedure for submitting an enforcement appeal is available on GOV.UK