On occasions, development takes place which does not have the benefit of planning permission, or there is considered to be some other breach of planning control. This may result in a Local Planning Authority either threatening or actually taking Enforcement Action against a development.
At BJC we are very experienced in all aspects of enforcement work and would undertake the following courses of action on your behalf:
- Establish whether or not the Council are correct in their assessment – for example, is planning permission required?
- If planning permission is required, assess whether or not it is exempt from enforcement action. It may for example be lawful or permitted development.
- Submit appropriate applications where development may be lawful or where the Council has indicated that a compromise may be acceptable. This may include an application for a CLEUD or a new planning application.
- Where a Notice has been served it may be necessary to appeal to the First Secretary against an Enforcement Notice. The aim of an appeal is to establish whether planning permission should be granted or whether the demands to cease a particular activity or building operation are unreasonable and should be corrected. In the case of an Enforcement Notice, the appeal may need to be made within 28 days, in which case we will provide you with advice very quickly so that the chance is not missed. BJC are able to react quickly to any new enquiries when they are made.
There are many aspects of planning law on which we can advise although our advice is not definitive. As Chartered Town Planners we have Direct Access to the Planning Bar and can, where necessary, instruct Barristers on behalf of Clients or to advise on the law. We have worked with a very wide range of planning barristers.