I Received a Planning Enforcement Letter… What Now?

Receiving a planning enforcement letter can be intimidating, but it’s essential to act quickly and strategically to resolve the situation. The enforcement letter is the LPA’s way of addressing potential breaches, such as unauthorised extensions or changes of use.

Step 1: Understand the Allegation

Carefully review the letter to identify:

• The specific breach (e.g., unauthorised construction, use of materials).
• Deadlines for compliance or submission of retrospective applications.

Step 2: Seek Professional Advice

Consult with a planning consultant or solicitor to:

• Evaluate your options for addressing the breach.
• Determine whether a retrospective application or modification is the best course of action.

Step 3: Engage with the LPA

Open communication with the LPA can demonstrate goodwill and may lead to more lenient enforcement actions. Propose:

• Submitting a retrospective application.
• Agreeing to modifications to bring the development into compliance.

Step 4: Consider Your Options

1. Retrospective Application
   If the development has merit, submitting a retrospective application can regularise the work. Ensure the application addresses all concerns raised in the enforcement letter.
2. Appeal the Enforcement Notice
   If you disagree with the notice, you may appeal. Grounds for appeal include:
   • The development complies with planning policies.
   • The notice was issued incorrectly.
3. Compliance
   If the application is refused or an appeal fails, comply with the notice by removing or altering the unauthorised development.

Step 5: Act Within Deadlines

Enforcement notices often include strict deadlines. Failing to respond or comply may result in:

• Fines or court proceedings.
• Escalated enforcement action, including demolition orders.

Key Takeaway

Timely and transparent communication with the LPA, coupled with expert advice, can help resolve enforcement issues effectively.