Planning - enforcement

Question 1

what powers do the LPA have?

Answer 1

• the LPA can enter a property and ask for information regarding the breaches
• issue various notices or apply for an injunction

Question 2

what notices can the LPA issue?

Answer 2

o Enforcement notice
o Stop notice
o Temporary stop notice
o Breach of condition notices

Question 3

explain an enforcement notice, inc:
o the information it must inc
o who it must be served upon
o timescales
o appeal

Answer 3

 must inc. breach, remedy & timescale.
 must be served on owner, occupier & interest-holder
 effective after 28 days.
 can be appealed by anyone with an interest in land
 +in Wales - LPA can issue a warning allowing offender to apply for PP if they think PP would be granted.

Question 4

explain stop notices

Answer 4

immediately halts activity.

can only be issued if enforcement notice has been served.

Question 5

explain temporary stop notices

Answer 5

allows LPA to investigate (56 days England & 28 days Wales)

Question 6

explain breach of condition notice

Answer 6

similar to EN, but no right of appeal.

Question 7

what is the consequence if a notice isn’t complied with?

Answer 7

failure to comply with a notice is punishable by fine

Question 8

who is action taken against?

Answer 8

action is taken against the current owner (i.e. they may not have caused the breach)

Question 9

what are the time limits for enforcement action?

Answer 9

o Operational development without PP = 4yrs
o Change of use to dwelling = 4yrs
o Other breaches = 10 yrs