Planners on the Prowl

Hearsay has it that the absence of anything new to consider in local planning departments has led to planners going on the prowl looking for planning violations, leading to an upsurge in planning enforcement activity. It is said that in some areas, even minor breaches of planning regulations are being pursued with great zeal.

Where a breach of planning law is suspected, the council can issue a Planning Contravention Notice (PCN), requiring the production of further information regarding the suspected breach. Failure to provide the information requested can lead to a fine.

The PCN is likely to be followed by an Enforcement Notice (EN), which sets out the breach and the steps that it is necessary to take in order to rectify it. An appeal against an EN must be made within 28 days. If the council believes a planning condition has been breached, it will issue a Breach of Condition Notice (BCN) requiring you to rectify the stated breach. Failure to do so will make you subject to a fine. There is no appeal against a BCN.

In serious cases, a Stop Notice (SN) may be issued. This requires an immediate cessation of the breach of the planning law. Short of commencing a High Court action, a SN cannot be appealed and the fines for failing to adhere to one can be considerable.

As the above makes clear, planning officers have considerable powers and their decisions can have a major impact on a business. If you find yourself facing enquiries from your local planners, contact us for advice as soon as possible.

Telephone: +44 (0) 1753 486 777 (Slough Office)
Telephone: +44 (0) 1189 596031 (Reading Office)