Any breach of planning control, whether it be physical development or the use of land or buildings without the benefit of a planning permission, or the breach of a condition imposed by a planning application, may result in the Local Planning Authority issuing an Enforcement Notice or a Breach of Condition Notice.
Local Planning Authorities also have the right to serve a Stop Notice requiring the use to cease immediately or if a building is under construction, the construction work to cease immediately.
Enforcement Notice
The Local Planning Authority will serve an Enforcement Notice on you if it considers that you to have broken planning control rules. Normally this will be because what you are doing, or have done, is harmful.
Breach of Condition Notice
A Breach of Condition Notice is a way that a Local Planning Authority can make you comply with a condition in a grant of planning permission. This Notice can be served in addition to, or instead of, an Enforcement Notice. Failure to comply with the Notice is a criminal offence.
Stop Notice
If the Local Planning Authority serves a Stop Notice on you, it will normally be because they consider that you have seriously broken planning control rules. A Stop Notice can stop an activity on your land. If you fail to comply with the notice, then the Local Planning Authority can prosecute you for the offence and this could lead to you being fined.
If no appeal is made within designated time, then the Notice will become into effect and the alleged breach of planning control will have to be remedied. Failure to do so could allow the Local Planning Authority to prosecute you.
Should you receive either an Enforcement Notice or a Breach of Condition Notice then we can advise you of the best way forward.
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