Core principles of planning law - Enforcement

Learning Outcomes

This article covers planning law enforcement, including:

• Identification of breaches and investigatory steps using planning contravention notices
• The scope and content of enforcement notices, required remedial steps, compliance periods, and appeal grounds (a–g)
• The use of stop notices and temporary stop notices, urgent intervention, and dwellinghouse restrictions
• Breach of condition notices, absence of appeal, and practical deployment for straightforward non-compliance
• Injunctions to restrain actual or anticipated breaches and their consequences for contempt
• Statutory time limits (four and ten years), immunity, and exceptions such as deliberate concealment and listed buildings
• Service requirements, who may be served and prosecuted, and effects that run with the land and bind successors
• Alternatives and routes to regularisation: retrospective applications, certificates of lawfulness, and variation/removal of conditions
• Direct action, criminal liability, fines, and confiscation orders to remove unlawful financial gain

SQE2 Syllabus

For SQE2, you are required to understand the planning law enforcement regime and apply the relevant enforcement procedures and remedies in practical scenarios, with a focus on the following syllabus points:

• the purpose and process of planning law enforcement
• the range of enforcement powers available to local planning authorities
• statutory time limits for enforcement action and their effect
• consequences of planning breaches for clients and third parties.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What notice can a local planning authority serve to require information about potentially unlawful activities on land?
2. Which notice, once served, requires specific steps to be taken within a set period to remedy a breach of planning control?
3. How long does a local authority generally have to take enforcement action for unauthorised operational development?
4. Can a registered proprietor be prosecuted for breach of a stop notice, and what are the consequences?

Introduction

Enforcement is a critical part of planning law, ensuring that breaches of planning control are identified and addressed by local authorities. For SQE2, you must be able to explain when and how a local authority can act, the types of notices available, the relevant time limits, and typical procedural steps. You will often be advising clients who face, or seek to avoid, enforcement. It is essential to understand the entire enforcement toolkit and its practical application.

Breaches cover development without the required permission and breaches of conditions or limitations attached to a permission. Whether works were “permitted development” under the GPDO often lies at the heart of a dispute; remember that Article 4 directions can withdraw permitted development rights locally, and listed buildings and conservation areas severely restrict what can be done without express consent. In practice, authorities investigate, consider proportionality and expediency, and frequently invite voluntary compliance before escalating to formal action.

Key Term: breach of planning control
A breach of planning control occurs where there is development without required planning permission, or failure to comply with a condition or limitation subject to which planning permission has been granted.

Key Term: enforcement notice
A formal notice issued by a local planning authority requiring steps to remedy a breach of planning control within a specified time.

Key Term: stop notice
A notice that prohibits activities specified in an accompanying enforcement notice, usually served to prevent a breach from continuing before the enforcement notice takes effect.

Key Term: breach of condition notice
A notice served for failure to comply with any condition or limitation attached to a planning permission, requiring compliance within a specified period.

Key Term: planning contravention notice
A preliminary notice requesting information about activities on land where a breach of planning control is suspected.

Key Term: completion notice
A notice that may be served where development has begun under a planning permission but appears to have stalled, requiring completion within a stated period, failing which the planning permission may lapse.

Key Term: injunction
A court order (usually sought by the authority) restraining an actual or anticipated breach of planning control; breach constitutes contempt of court.

Key Term: temporary stop notice
An immediate prohibition for up to 28 days preventing specified activities pending further investigation; no accompanying enforcement notice is required.

Enforcement Actions by Local Authorities

When a local planning authority suspects that planning control has been breached, it may take one or more types of enforcement action. The authority has discretionary powers, not a duty, to enforce. Before issuing formal notices, authorities often investigate, may visit the site, and may seek voluntary compliance. The authority’s chosen action must be expedient in light of planning policies and the harm caused by the breach.

In most cases, any notice will be served on the owner, occupier, and any other person with an interest in the land, such as a mortgagee. Enforcement action and its consequences generally “run with the land,” so successors can be bound by extant notices and orders.

Planning Contravention Notice

When a local authority first suspects unauthorised development or activity, it may serve a planning contravention notice. The purpose is to require the landowner or occupier (or anyone else involved) to provide information about activities or uses on the land.

A PCN is investigatory. It enables the authority to “flush out” facts about operations, uses, and conditions, and it can require a recipient to attend a meeting. The usual deadline to respond is 21 days. Failing to respond, responding late without reasonable excuse, or providing false or misleading information is a criminal offence. Replies can be used in subsequent enforcement proceedings, so take care when advising clients to ensure accuracy and completeness.

Key Term: planning contravention notice
A formal notice served by the local planning authority requiring detailed information related to a suspected breach of planning control. Failure to respond, or providing misleading information, is a criminal offence.

Enforcement Notice

If the authority identifies a breach of planning control, it can serve an enforcement notice. The notice must specify:

• the alleged breach (e.g., unauthorised building works or change of use)
• the steps required to remedy it (e.g., cease unauthorised use or remove works)
• the compliance period (not less than 28 days from service of the notice)
• the reasons for issuing the notice, including why enforcement is expedient.

Service must be on the owner, occupier, and any other person with an interest in the land (such as a mortgagee). The notice takes effect on the date stated in it, which must be at least 28 days after service unless appealed.

Appeal rights exist to the Planning Inspectorate before the notice takes effect. On appeal, the common statutory grounds include that planning permission should be granted (ground (a)), the matters alleged have not occurred (ground (b)), the matters alleged do not constitute a breach (ground (c)), the time limits for enforcement have passed (ground (d)), the steps required exceed what is necessary (ground (f)), or the compliance period is too short (ground (g)). A ground (a) appeal is treated as an application for planning permission and can result in the grant of permission (potentially subject to conditions) in place of the notice.

It is a criminal offence to fail to comply with an enforcement notice once it is in effect and not suspended by appeal. The offence may be committed by the owner, occupier, or anyone who carries on activities prohibited by the notice. Fines can be significant, and where the offence generated financial gain, confiscation under the Proceeds of Crime Act 2002 may be sought.

Authorities also have “direct action” powers. If the steps in an enforcement notice are not carried out, the authority may enter the land itself to do the works and recover the reasonable costs from the person in default. Those costs can be registered as a local land charge, binding successors and affecting future dealings with the land.

Stop Notice and Temporary Stop Notice

In urgent cases, especially where activities are causing significant harm, a stop notice may be served. It must be accompanied by, or follow, an enforcement notice. The stop notice prohibits specified activities described in the related enforcement notice (e.g., ongoing building works). It is used to prevent the breach from continuing before the enforcement notice takes effect or while an appeal is pending.

A stop notice must not be used to prohibit the use of a building as a dwellinghouse. It can take effect either immediately (if the notice so states and special reasons are given) or after a minimum of three days. Breach is a criminal offence.

A temporary stop notice (TSN) can be issued immediately, with effect for up to 28 days, without the need for an accompanying enforcement notice. TSNs allow rapid intervention while the authority investigates and decides what longer-term action (if any) to take. As with stop notices, a TSN cannot prohibit the use of a building as a dwellinghouse. Breach is a criminal offence. Statutory compensation may be available in limited circumstances where a stop notice or temporary stop notice is later shown to have been wrongly served.

Key Term: stop notice
A notice served by the local authority to require that specific activities must cease, normally in conjunction with an enforcement notice and generally used for urgent situations.

Breach of Condition Notice

A local planning authority can issue a breach of condition notice (BCN) if there is non-compliance with any planning condition or limitation. The notice sets out the steps required to secure compliance within a specified period (at least 28 days).

There is no right of appeal against a BCN, and failure to comply is a criminal offence. BCNs are often used where the breach is straightforward (e.g., failure to provide landscaping, or to comply with hours of operation). Authorities may prefer a BCN where swift compliance is sought without the complexity of enforcement notice appeals.

Injunction

For serious or persistent breaches, particularly where normal enforcement is ineffective, the authority may seek an injunction from the court to restrain actual or anticipated breaches of planning control. This is a discretionary remedy used to prevent unlawful activity or secure compliance where other remedies have failed or are likely to be inadequate. Breaching an injunction constitutes contempt of court and is punishable by fine or imprisonment. An injunction can be sought even against an anticipated breach and can be a potent tool in cases of repeated non-compliance.

Practice point: An injunction can be sought in parallel with, or independently from, the notice regime, especially where the authority needs a robust court-backed order to prevent ongoing harm.

Completion Notice

A completion notice is not aimed at unauthorised development but at development which has started under a valid planning permission and appears to have stalled. The authority can require completion within a specified reasonable period. If completion does not occur within that period, the permission can lapse as regards any uncompleted part of the development. Completion notices are uncommon, but candidates should recognise them and not confuse them with enforcement notices.

Statutory Time Limits

Local authorities have strict time limits within which they must act:

• Four years from substantial completion for unauthorised operational development (e.g., building works).
• Four years for unauthorised change of use to a single dwellinghouse.
• Ten years for other breaches, including changes of use (other than to a dwellinghouse) and non-compliance with planning conditions.

If a breach is not enforced against within the relevant time, it usually becomes immune from enforcement. The person with the benefit of immunity may apply for a certificate of lawfulness of existing use or development to regularise the position. There are exceptions, notably deliberate concealment. Where a breach has been deliberately concealed, the authority can apply to the magistrates’ court for a planning enforcement order, which effectively resets the clock by allowing enforcement within a further period after the order is made. Listed building controls form a separate regime and are not subject to the planning enforcement time limits; there is no limitation period for bringing enforcement for unauthorised works to listed buildings.

Note: In some jurisdictions the statutory regime has been the subject of reform proposals. Always confirm the current position for the relevant jurisdiction and commencement dates of any amendments before relying on specific limitation periods in practice.

Worked Example 1.1

A property owner converts a storage building into a separate dwelling and has occupied it without planning permission for five years. The local authority discovers this and serves an enforcement notice requiring the use to cease. Can the enforcement notice be challenged?

Answer:
Yes, the owner can challenge the enforcement notice because the four-year time limit for change of use to a single dwellinghouse has expired. Normally, planning control cannot be enforced after this period, unless deliberate concealment is shown. The owner should consider an appeal on “ground (d)” (immunity) and may also apply for a certificate of lawfulness to regularise the use.

Enforcement Procedure and Consequences

Authorities must serve enforcement or stop notices on the owner, occupier, and anyone with a legal interest in the land. Notices take effect at specified times and may be appealed to the Planning Inspectorate (for enforcement notices). During an appeal, the enforcement notice’s effect is usually suspended. BCNs and stop notices have no statutory appeal route (though they may be challenged by judicial review).

Breaching a notice without reasonable excuse is a criminal offence. Prosecution can lead to an unlimited fine on summary conviction. Where a defendant has profited from the offence (for example, running an unauthorised commercial operation), the authority may seek a confiscation order to recover profits under the Proceeds of Crime Act 2002. In addition, if an enforcement notice is not complied with, the authority may carry out the steps itself and recover the costs; the debt can be registered as a local land charge.

An enforcement notice remains in force on the land until it is withdrawn or quashed. It binds subsequent owners and occupiers. When acting on a sale or purchase, always investigate any existing enforcement notices, stop notices, or BCNs revealed by local search results or correspondence with the authority.

Authorities may invite retrospective planning applications where appropriate, or recipients may lodge a “ground (a)” appeal seeking planning permission in the context of an enforcement appeal. Alternatively, if the development is immune due to the passage of time, a certificate of lawfulness of existing use or development offers formal confirmation. Where a breach arises from a condition, an application can be made to vary or remove it (where justified) instead of or alongside enforcement.

For listed building works and building regulations breaches, separate enforcement regimes apply. Listed building controls have no limitation period and carry criminal sanctions for unauthorised works. Building regulations contraventions have their own time limits (shorter than planning) and distinct remedies, including injunctions in cases of danger. Do not conflate the planning enforcement position with these regimes.

Exam Warning

There is no statutory appeal against a breach of condition notice. In contrast, an enforcement notice can be appealed before it takes effect. Always distinguish these procedural routes in answers.

Worked Example 1.2

A company is excavating land for aggregate without planning permission. A temporary stop notice is served, ordering the activity to cease immediately for safety reasons. The company continues the work. What are the possible consequences?

Answer:
Continuing the prohibited activity after a stop notice or temporary stop notice is a criminal offence. The local authority can prosecute, and the court can impose a fine. Further, if the breach is serious, the authority could seek an injunction. If unlawful commercial benefit has been obtained, confiscation under the Proceeds of Crime Act 2002 may be pursued.

Worked Example 1.3

A developer has planning permission for a small retail unit subject to a condition restricting opening hours to 8am–6pm. They open until 9pm for several months. The authority serves a breach of condition notice requiring compliance with the condition within 28 days. The developer wants to appeal. What is the correct advice?

Answer:
There is no statutory right of appeal against a breach of condition notice. The developer must comply within the period specified or face prosecution. If the restriction is no longer appropriate, the developer could apply to vary the condition, but that does not suspend the BCN. A judicial review challenge to the lawfulness of the BCN is possible only on public law grounds and within strict time limits.

Worked Example 1.4

An owner erects a large outbuilding behind a row of bales for several years, later removing the bales to reveal the structure. The authority discovers the building after five years and considers the four-year rule has expired. Can time immunity be relied upon?

Answer:
Not necessarily. If the authority can show deliberate concealment, it may apply for a planning enforcement order from the magistrates’ court. If granted, the time limit is effectively extended, allowing enforcement despite the apparent passage of time. Immunity is not available where a breach has been deliberately concealed and the order is obtained.

Revision Tip

For each type of notice, memorise: (1) who can be served, (2) the available appeal or defence (if any), (3) compliance time limits, and (4) the enforcement consequences. Remember the dwellinghouse restriction on stop and temporary stop notices, and the absence of appeal for BCNs.

Key Point Checklist

This article has covered the following key knowledge points:

• Planning enforcement is discretionary, not mandatory, for local authorities, and action must be expedient in light of policy and harm.
• Main enforcement powers include planning contravention notices, enforcement notices, stop notices (including temporary ones), breach of condition notices, injunctions, and (distinctly) completion notices for stalled lawful development.
• Enforcement notices require specification of the breach, required steps, reasons, and a compliance period; they carry a right of appeal on defined grounds and may result in a deemed planning application.
• Stop and temporary stop notices provide urgent intervention but cannot prohibit the use of a building as a dwellinghouse; limited compensation may be payable if wrongly served.
• There are specific statutory time limits: four years for building/operational development and dwelling use, ten years for most other breaches; deliberate concealment can disapply these via a planning enforcement order. Listed building enforcement has no limitation period.
• Failure to comply with enforcement notices, stop notices, or breach of condition notices is a criminal offence with potentially unlimited fines; authorities can seek injunctions and confiscation of criminal benefit.
• Authorities may secure compliance by direct action and recover costs, which can be registered as a local land charge binding successors.
• Planning issues run with the land; current owners can be liable for historic breaches, so searches and enquiries are critical in transactions.

Key Terms and Concepts

• breach of planning control
• planning contravention notice
• enforcement notice
• stop notice
• temporary stop notice
• breach of condition notice
• completion notice
• injunction