Serving an enforcement notice is a formal legal process used by a local planning authority (LPA) where there has been a breach of planning control. There are typically three stages:
1. The LPA must decide to issue the notice
A decision is made either by the planning committee or by a senior officer who has delegated authority to approve enforcement action.
2. The notice is drafted
The LPA drafts the notice, making sure it includes all the required information. This usually includes:
- what the issue is,
- what needs to be done to fix it, and
- an annotated site plan showing the land or property involved.
3. The notice is served on everyone who needs to receive it
Copies of the notice must be sent to:
- the owner,
- any occupiers, and
- anyone else with a legal interest in the land (for example, a freeholder, leaseholder, or mortgage lender).
Service can be done by recorded delivery, hand delivery, or other accepted methods. All recipients must receive the notice within 28 days of the date it was issued.