No-one likes getting bad news, and it’s understandable that some property owners may be tempted to ignore a planning enforcement notice rather than give it urgent attention. Most Local Planning Authorities (LPAs) will only issue a planning enforcement notice after informal negotiation has failed, so receiving a notice is a serious problem that requires active management.
Understanding what happens after you receive a planning enforcement notice, your options and how your options are affected by recent changes to the appeals process is essential if you are facing enforcement action or believe a notice is about to be issued. This guide covers everything you need to know.
What Is a Planning Enforcement Notice?
A planning enforcement notice is a formal legal document issued by an LPA requiring a breach of planning control to be remedied. This could involve unauthorised development, failure to comply with approved plans, or not meeting planning conditions.
The notice will set out clearly what the breach is, what steps are required to fix it, and the timeframe for compliance. It may require actions such as removing unauthorised works, altering a development to match approved drawings, or stopping a particular use of land.
LPAs have discretionary powers when deciding whether to take enforcement action, guided by whether it is proportionate and in the public interest, as set out in the National Planning Policy Framework. In practical terms this means that LPAs will attempt to resolve most planning contraventions informally before issuing a notice.
Once served a notice carries legal weight, and whilst it’s always better to negotiate and avoid a notice being served, in the event you’ve been served a notice it’s important to start dealing with it straight away.
What Happens If You Ignore a Planning Enforcement Notice?
Ignoring an enforcement notice will generally lead to the situation escalating, with legal risk and potential costs increasing the longer the notice is ignored.
Failure to comply with a notice is a criminal offence under the Town and Country Planning Act 1990. This means that ignoring a planning enforcement notice can lead to prosecution in the courts. The cost can be significant, since you could be issued with an unlimited fine, particularly where a planning breach continues after conviction. Courts can also impose additional daily fines if the breach isn’t remedied.
Beyond prosecution, your LPA has the power to take direct action to remedy a breach. In serious cases the LPA can issue a stop notice, which prohibits you from carrying out the activity covered by the enforcement notice on the land covered by the notice. Contravening a stop notice is a criminal offence and covered by the same unlimited fine powers as an enforcement notice.
Other rarely used powers allow an LPA is allowed to enter land, carry out any required works and recover costs from whoever owns the land. These costs can be significant, particularly where demolition or reinstatement is required. Obviously, an unresolved enforcement notice can impact negatively on the value and sale prospects of a property.
Aim to Engage with Your LPA Early
Engaging constructively with your LPA at an early stage is always the best strategy. Whilst you should aim to start active management of the process before receiving an enforcement notice, responding promptly and openly when you’ve received one is much more likely to lead to a quicker and more favourable resolution.
An LPA has the power to withdraw an enforcement notice, and may do so if it’s clear that negotiations have led to a favourable resolution. Your LPA may consider a revised proposal, condition variation or retrospective applications where these can address the underlying planning concerns. Depending on the LPA’s position this may be a desirable outcome.
Overall, engaging with your LPA is critical for deciding whether to comply, appeal, or pursue an alternative strategy such as a retrospective planning application. Our guide on How to Apply for Planning Permission provides useful context on how applications are assessed and what LPAs look for.
Appealing An Enforcement Notice
If engagement fails and you wish to appeal, enforcement notice appeals are made to the Planning Inspectorate under Section 174 of the Town and Country Planning Act 1990 and must be based on one or more of seven statutory grounds.
Grounds for appeal
The grounds of appeal are set out tightly in law and the government’s procedural guide. In simple terms, this allows you to argue that planning permission should be granted for the development (discussed in more detail below), that the alleged breach has not taken place, or that what has been done does not amount to a breach of planning control. You can also argue that it is too late for the council to act due to the passage of time, that the notice has not been served correctly, that the steps required go further than necessary to remedy the breach, or that the timeframe given to comply is unreasonable.
Depending on the grounds you argue you may be required to submit evidence to prove your claims. If you argue that a breach hasn’t occurred, the breach was immune from enforcement or that the notice wasn’t served correctly (the “legal grounds”) it is your responsibility to provide evidence.
The process
Appeals against enforcement notices follow a defined procedure set out by the Planning Inspectorate. In most cases, appeals proceed by written representations, where the decision is based on documents submitted by the appellant, the LPA, and any interested parties.
At the point of submitting your appeal you must provide the form, grounds of appeal, a copy of the enforcement notice and all supporting evidence you intend to rely on. The appeal will then proceed according to the following timetable:
- Additional representations must be submitted within 6 weeks of the appeal start date
- Final comments are submitted at 9 weeks
- No new evidence is allowed at the final comments stage
The Inspector will then determine the appeal based on the written material and (optionally) a site visit.
Do recent changes to other types of appeal (Section 78 TCPA) apply?
From 1st April 2026 the process of making a different type of appeal to the Planning Inspectorate (for refusal of planning permission under Section 78 of the TCPA) has been significantly updated by the government. A new expedited process will apply which sharply limits the opportunity for appellants to introduce new evidence at the appeal stage. We cover this in some detail in our guide to retrospective planning permission. It’s important to note that this significant change in process doesn’t apply to enforcement notice appeals (covered above), which have different law and procedure.
However, in the event a retrospective planning application is made to deal with the issue that caused the enforcement notice, or an enforcement notice was served on your property because a planning condition wasn’t discharged, the new rules could apply to any appeal made in the event planning permission was refused by your LPA. Following the introduction of the new rules it is more important than ever that your initial application is comprehensive, clear and well-prepared.
How a Planning Consultant Can Help
Receiving a planning enforcement notice can be very stressful, and expert advice and early action is crucial to achieving a good outcome. The correct course of action depends on the nature of the breach, remedies available, and the risks associated with enforcement action.
An expert planning consultant can review the enforcement notice, assess whether the alleged breach is valid, and advise on the most appropriate response. This may involve preparing an appeal, negotiating with the LPA, or preparing a retrospective planning application that resolves the issue.
At Holland Lloyd, we regularly assist homeowners and landowners facing enforcement issues, from initial review through to appeal and resolution. Our Planning Support Service and Developers and Landowners Service provide clear, focused support to help resolve planning enforcement issues. Contact us today for advice.
FAQs
What happens if I ignore a planning enforcement notice?
Ignoring a notice can lead to prosecution, financial penalties, and further escalation by your Local Planning Authority, such as issuing a stop notice.
Can I appeal a planning enforcement notice?
Yes. Appeals can be made to the Planning Inspectorate, typically on grounds such as no breach occurring, planning permission being justified or enforcement time limits having expired.
Will an enforcement notice affect selling my property?
Enforcement action is part of standard conveyancing searches and can delay or prevent a sale or refinancing