If an Enforcement notice has been served on you, you can appeal against this notice. Any appeal must be received, or posted in time to be received, by the Secretary of State before the date specified in paragraph 6 of the notice (Enforcement Notice effective date).
Under section 174 of the Town and Country Planning Act 1990 (as amended) you may appeal on one or more of the following grounds:
- that planning permission should be granted for what is alleged in the notice;
- that the breach of control alleged in the enforcement notice has not occurred as a matter of fact;
- that there has not been a breach of planning control;
- that at the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice;
- the notice was not properly served on everyone with an interest in the land;
- that the steps required to comply with the notice are excessive, and lesser steps would overcome the objections;
- and that the time given to comply with the notice is too short.
Please Note: Not all of these grounds may be relevant to you.
If you decide to appeal, when you submit it, you should state in writing the ground(s) on which you are appealing against the enforcement notice and you should state briefly the facts on which you intend to rely in support of each of those grounds. If you do not do this when you make your appeal the Secretary of State will send you a notice requiring you to do so within 14 days.
There are legal documents which can be served on people who have built something without the required permissions. A notice could:
- Stop or prevent an activity.
- Request the removal of an unauthorised building or extension.
- Ask for a development to be changed to make it more acceptable.
Anyone receiving an enforcement notice can appeal to the Planning Inspectorate.
Guidance about making an appeal against an enforcement notice is also available on Planning Portal.