If you receive an enforcement notice, you have the right to appeal it. There are seven possible grounds for appeal — you can rely on one or several. Strict time limits apply, and your appeal must be submitted before the notice take effect. This is usually within 28 days of the notice being issued. If you miss the deadline, you normally lose the right to appeal.
Grounds for Appeal
- Ground (a): Planning permission should be granted, or a planning condition should be removed.
- Ground (b): The alleged breach didn’t happen.
- Ground (c): The alleged breach doesn’t actually need planning permission.
- Ground (d): It’s too late for the council to take action (usually after 4 or 10 years, depending on the type of breach).
- Ground (e): The notice wasn’t properly served on everyone who should have received it.
- Ground (f): The steps required to fix the breach are excessive.
- Ground (g): The council hasn’t allowed enough time to comply.
The exact wording for each ground of appeal can be found in Section 174 of the Town and Country Planning Act 1990 (as amended). Choosing the right grounds is critical – this is what the Inspector decides your case on
How appeals are handled
Appeals are reviewed by an independent Inspector from the Planning Inspectorate. They can be decided through:
- Written representations – where an exchange of correspondence takes place.
- An informal hearing – a discussion chaired by a Planning Inspector, or
- A public inquiry – a more formal process involving giving evidence and cross-examination of witnesses.
In all procedures the Inspector will normally visit the site and neighbours, and other interested parties have a chance to be involved in the appeal process if they wish.
Once an appeal is lodged, the enforcement notice is put on hold until the decision is made.
The Inspectorate can also dismiss an appeal if delays are caused by the person appealing.