Planning Enforcement

Addressing Contraventions: Expert Guidance on Planning Enforcement by Silverback Planning Solutions

If there is a flaw in the Council's case we will find it

When it comes to planning enforcement matters, we adopt a robust defence strategy rooted in our deep understanding of planning law and procedure. Drawing on our experience, which includes successful appearances in formal proceedings, we meticulously examine the details of the enforcement notice and the alleged breach. Our approach involves building a strong, evidence-based case, often leveraging our comprehensive knowledge to identify any procedural errors by the enforcing authority or to demonstrate that the development is in fact lawful or can be made so. We work to effectively challenge the notice or negotiate a satisfactory outcome with the local authority, providing expert representation and clear guidance to clients facing the complexities and potential stress of enforcement action.

Expert Review of the Problem

We use our in-depth knowledge to carefully check the details of the enforcement notice against planning rules.

Building a Strong Defense

We put together a solid case, using evidence to show why the enforcement notice might be wrong or how things can be put right.

Challenging the Notice

We work to challenge the enforcement notice or find a way to sort things out with the local council on your behalf.

Receiving a planning enforcement notice from your local authority can be a stressful and concerning experience. It signifies that the council believes there has been a breach of planning control on your property or land, and failure to comply with an enforcement notice can have serious consequences, including legal proceedings and significant fines.

Planning enforcement is a complex area of planning law, and understanding your rights and obligations is crucial. At Silverback Planning Solutions, we have considerable experience in advising clients on planning enforcement matters, drawing on our background of working within local authority enforcement teams. This gives us unique insight into how councils investigate alleged breaches and the options available to resolve enforcement issues.

What is Planning Enforcement?

Planning enforcement is the process by which local planning authorities investigate alleged breaches of planning control and take action to remedy them. A breach of planning control typically occurs when:

Development (building work, engineering operations, etc.) has been carried out without the necessary planning permission.
There has been a material change in the use of land or buildings without planning permission.
Conditions attached to a planning permission have not been complied with.
Development is not being carried out in accordance with the approved plans.

When a council receives a complaint or becomes aware of a potential breach, their enforcement team will investigate. This may involve site visits, requesting information, and reviewing planning history.

If the council determines that a breach of planning control has occurred and considers it expedient to take action (i.e., it causes harm to the public interest or planning policy), they may issue an Enforcement Notice. This is a formal legal document that sets out:

The alleged breach of planning control.
The steps required to remedy the breach (e.g., demolish an unauthorised structure, cease an unauthorised use).
The timeframe within which these steps must be completed.

Failure to comply with the requirements of an Enforcement Notice within the specified timeframe is a criminal offence and can lead to prosecution in the Magistrates’ or Crown Court, with potentially unlimited fines.

Other enforcement notices can also be issued, such as:

Listed Building Enforcement Notice: For unauthorised works to a Listed Building.
Tree Replacement Notice: Requiring the planting of replacement trees.
Breach of Condition Notice: For failure to comply with a planning condition.

Why is Expert Help with Planning Enforcement Essential?

Dealing with planning enforcement can be daunting. The legal and procedural aspects are complex, and the consequences of mishandling the situation can be severe. Engaging a planning consultant with expertise in enforcement offers crucial support:

Understanding Your Position: We can assess the alleged breach and advise you on whether a breach has indeed occurred in planning terms and whether the council’s action is valid.
Identifying Options: We can explore the available options to regularise the situation or challenge the enforcement action.
Liaison with the Council: We can act as your representative, communicating with the council’s enforcement officers on your behalf, often de-escalating potentially confrontational situations.
Negotiation: We can negotiate with the council to find a mutually acceptable solution, which might involve submitting a retrospective planning application or agreeing to modifications to the development or use.
Preparing Retrospective Applications: If appropriate, we can prepare and submit a retrospective planning application to seek permission for the unauthorised development or use.
Appealing an Enforcement Notice: If you believe the Enforcement Notice is invalid or that planning permission should be granted for the development, we can handle the complex process of appealing the notice to the Planning Inspectorate. There are specific grounds on which an enforcement notice can be appealed, and strict deadlines apply.
Providing Expert Evidence: In the event of a planning enforcement appeal or legal proceedings, we can provide expert planning evidence to support your case.
Saving You Stress and Potential Penalties: By guiding you through the process and seeking to resolve the issue effectively, we can help you avoid the stress and potential financial and legal penalties associated with non-compliance.

The Silverback Approach to Planning Enforcement

Our approach to planning enforcement is calm, analytical, and focused on achieving the best possible outcome for our clients. Our experience within local authority enforcement teams means we understand the procedures, priorities, and thought processes of enforcement officers.

Our process typically involves:

Urgent Initial Consultation: We recommend contacting us as soon as you receive any communication from the council regarding a potential breach or an enforcement notice, as time limits for response or appeal are often tight.
Review of Documentation: We carefully review all correspondence from the council, including any enforcement notices, letters, or requests for information.
Site Visit and Assessment: We may visit the site to assess the alleged breach and gather relevant information.
Investigation of Planning History and Policy: We research the planning history of the site and the relevant planning policies to understand the context of the alleged breach.
Legal and Planning Assessment: We provide an expert opinion on the validity of the council’s action and assess the planning merits of the unauthorised development or use.
Identification of Options: We clearly explain your options, which may include:

Complying with the notice.
Submitting a retrospective planning application.
Negotiating with the council.
Appealing the enforcement notice.
Seeking a Lawful Development Certificate (if the development or use is immune from enforcement action due to the passage of time).

Development of a Strategy: We develop a strategy to address the enforcement issue, tailored to your specific circumstances and objectives.
Liaison and Negotiation: We communicate and negotiate with the council’s enforcement team on your behalf, seeking to find a resolution.
Management of Applications or Appeals: If a retrospective application or an enforcement appeal is pursued, we manage the entire process, preparing and submitting the necessary documentation and representing you.
Expert Evidence: If the matter proceeds to a hearing, inquiry, or court, we can provide expert planning evidence.

Resolving Enforcement Issues with Confidence

Receiving a planning enforcement notice can feel like an accusation, but often, breaches of planning control occur unintentionally. Our role is to help you understand the situation, explore your options, and work towards a resolution. Our experience on both sides of the enforcement process means we are well-equipped to handle even complex cases.

We can help you determine:

Whether a genuine breach has occurred.
If the council’s enforcement notice is valid.
Whether the unauthorised development or use is immune from enforcement.
The likelihood of obtaining retrospective planning permission.
The strongest grounds for appealing an enforcement notice.

Don’t ignore planning enforcement issues. They will not go away and can lead to significant problems if not addressed promptly and correctly. Contact Silverback Planning Solutions immediately if you receive any communication from your local planning authority regarding a potential planning breach. We can provide the expert guidance and support you need to navigate this challenging area of planning.

Descriptions

Planning enforcement action can be an incredibly stressful and complex ordeal, carrying significant consequences if not handled correctly from the outset. This is precisely why Silverback Planning Solutions should be your immediate and only call. Our approach isn’t just about reacting to an enforcement notice; it’s about deploying a deep, expert understanding of planning law and procedure that can quickly dissect the nuances of your case. Wasting time exploring other options means losing critical moments to build a robust defence. Our focused expertise means we can swiftly determine the strongest strategy, whether challenging the validity of the notice or finding a path to regularise the situation, positioning you effectively from the very beginning against the formidable power of the enforcing authority. Our initial assessment and strategic planning are invaluable first steps that others simply cannot replicate with the same level of proven insight.

Choosing us means entrusting your enforcement defence to a team with a demonstrated ability to navigate these challenging waters and achieve positive outcomes. Our meticulous approach to building a defence, scrutinising every detail of the alleged breach and the council’s process, is designed to expose weaknesses in the enforcement case and build compelling arguments. With a track record that includes success in formal challenges and negotiations, we possess the experience and tenacity required to vigorously defend your position. When facing the potential disruption and cost of enforcement, you need a partner who can confidently and effectively lead your defence, making Silverback Planning Solutions not just a primary consideration, but the sole necessary choice to protect your interests.

Do Not Delay

*There is a much shorter window in which to appeal Enforcement Notices than other planning matters

Get the Planning Support You Deserve Schedule Your Consultation Now!

Confronting Planning Enforcement. Powerfully.

Testimonial

Client Feedback and Reviews.

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Mark Turner is an extremely able planning officer and one of the best public inquiry witnesses in the business. He has a deep grasp of and enthusiasm for his subject, which translates into real attention to detail within written planning evidence. His presentational skills are excellent and he presents compIex planning arguments at hearings and inquiries with flare and conviction.

Mark is extremely approachable, cooperative and provides highly professional and effective planning advice. With his many years of experience in senior positions at various Local Authorities, we have found his approach to be more relevant and less onerous than with other planning consultants. Accordingly, we have full confidence in his advice and extensive knowledge.

I first worked with Mark almost 20 years ago when I was a very junior barrister and he was an enforcement officer at Slough BC. Since then he has risen up through the ranks and we have kept in touch. We worked together over the last couple of years on significant planning enforcement matters arising in Great Yarmouth. He is an outstanding planning and enforcement officer. He combines a deep understanding of these two areas with an ability to quickly see the wood for the trees. I am sure that he will make a success of private practice and be an asset to any client who instructs him.

I was having my usual battle with the council who were refusing to grant planning permission for an extension on my house. Mark came into his own, fighting for me in my appeal. The end result was a very comprehensive and well thought out set of documents, that showed off all the errors in the council’s decision, and demonstrated how little my extension would affect anybody who lived anywhere near me. Basically, I live in the middle of nowhere, and it’s virtually impossible to see my house from any angle. So, what their problem was, I don’t know, but I think it was something to do with me. The planning inspector completely agreed with everything that had been put forward, almost quoting Mark word for word in her decision. Mark stayed in touch after the decision to make sure the builders could get straight on with the work. He was a great help to me, during a very frustrating time in my life.

"I was thoroughly impressed with the professionalism and dedication of my lawyer. They provided clear, concise advice and fought tirelessly for my case. Thanks to their expertise, I achieved a favorable outcome. I highly recommend their services to anyone in need of legal assistance."

Mark is a friendly and approachable planner - with years of knowledge and skill. Following a recent urgent planning request he turned around a document and detail within a day. His prompt response and availability were excellent. I would happily recommend Silverback planning to others.

Mark offers vast experience in planning from both sides of the fence. He is a first rate planner who can be trusted to get it right.

One of my colleagues recommended Mark and Silverback Planning Solutions to me as he has previously given lectures to our students and these have always been well received. From the initial conversation scoping out our requirement to seek planning permission for polytunnels. Marks expertise shone through and made it a very simple decision to award the contract to him. All the way through the process the advice given and Mark's ability to correspond with the planning functions at the council made me very pleased that I didn't have to do this myself. Safe to say without Mark getting the required permission would have taken very much longer than it did and he has saved us a lot of money.

We can strongly recommend Mark to help with planning permission solutions. He is professional and thoughtful having quickly helped us with a Historic planning challenge, communicating with both Architect and Council to remove our worries and present a compelling case which was accepted at first submission. We genuinely couldn't have done it without him. Thank you!

Mark is a highly knowledgeable and approachable planning consultant. We collaborated on a particularly challenging project, and his expertise was invaluable in guiding the client through the process. His support helped reassure them and manage their expectations from a planning perspective. I highly recommend working with him!