Planning Enforcement & Certificates of Lawfulness

A local planning authority has statutory powers to take planning enforcement action against a developer where there has been a breach of planning control. This could comprise the carrying out of unauthorised development (i.e. development without planning permission) or the breach of a planning condition attached to a planning permission

There are also specific powers available to the local planning authority to deal with breaches of planning control concerning listed buildings and conservation areas, which can result in significant consequences for a developer

The local planning authority commences enforcement action typically by issuing an enforcement notice. Failure to comply with an enforcement notice can result in a developer being prosecuted for an offence and therefore an enforcement notice should be taken seriously and advice urgently sought

In some circumstances, it will also be possible for a developer or landowner to apply to the local planning authority for a certificate of lawfulness to confirm that an existing use or development in breach of planning is lawful. For example, this may be on the grounds that the use or development has over a requisite period of time become immune from enforcement action

Our experience and why use our firm?

Our lawyers have experience advising on enforcement action where there is a breach of planning. We can assess the situation and advise you on how best to respond to an enforcement notice. If considered appropriate, we can also appeal on your behalf against the notice to the Planning Inspectorate

In situations where confirmation is sought from the local planning authority that a development carried out is lawful, we can prepare an application to the local planning authority for a certificate of lawfulness which provides this confirmation

Our lawyers are specialist planning lawyers and therefore are qualified to advise you on planning enforcement matters. Our lawyers are also Legal Associate Members of the Royal Town Planning Institute and our Managing Director, Chad Sutton, sits on the Law Society’s Planning and Environmental Law Committee