What is an Enforcement Notice?
An enforcement notice is issued by a local authority where a development requiring planning permission has taken place without planning permission forst being obtained. An enforcement notice could seek that the development be restored to it’s previous state for example.
If I don’t have planning permission, what is the criteria for a local authority to serve an enforcement notice on me?
An enforcement notice may be served if “… it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.” [s.172(1)(b) TACPA 1990] Expedient is defined on the Harrogate Borough Council website as:
“Even when it is technically possible to take enforcement action, in law the Council is required to decide whether it is expedient. This means that formal enforcement action is discretionary and all the relevant planning circumstances must first be considered. Formal action will not be taken just because development has started without permission, or solely to regularise acceptable development or against trivial breaches of Planning Control which cause no harm to amenity. The decisive question for the Council will be whether the breach of control unacceptably affects the quality of life or the public interest.”