Frequently asked.

Organised by theme. If you can't find what you need here, get in touch. There's no charge for the first conversation.

Understanding planning enforcement

Planning enforcement is the process local councils use to investigate and, where necessary, resolve suspected breaches of planning control.
Not necessarily. Some letters are simply requests for information as part of an investigation, not a finding that anything has gone wrong. What it means depends on the type of notice: see Understand your notice above.
If you're dealing with a council notice or investigation, enforcement is a distinct specialism from general planning consultancy or applications. That's specifically what we advise on.

Council correspondence

Read exactly what it's asking for and note any deadline shown on it. See Understand your notice above for what your specific letter means, or get in touch and we'll explain the immediate priorities.
As soon as you receive contact from the council, or before you build or change the use of a property if you're at all unsure of the planning risk.

Notices

Yes. Failing to respond within 21 days is a criminal offence, punishable by a fine of up to £1,000. Knowingly or recklessly giving false or misleading information carries a separate, uncapped fine.
21 days from the date the notice was served on you.
Not necessarily. A PCN is a request for information as part of a council investigation. It does not itself mean formal enforcement action has been taken.
Yes, where instructed. We review the notice and correspondence, advise on the issues, and help prepare an appropriate response.
The notice takes effect on the date it specifies. After that, non-compliance with what it requires is a criminal offence.
Yes. Several statutory grounds of appeal may be available under the Town and Country Planning Act 1990, which apply depends on the specifics of your notice and situation.
In most cases a validly made appeal suspends the notice until the appeal is decided, but check the specific position on your notice, and get advice if you're unsure.
It varies, but median decision times for comparable appeals run to well over a year. We'll give you a realistic view once we've reviewed your notice.
No. There is no right of appeal against a Breach of Condition Notice, only judicial review, in narrow circumstances.
Failure to comply with a Breach of Condition Notice can lead to prosecution.
A Breach of Condition Notice deals specifically with a planning condition, has no appeal right, and follows its own compliance period rather than an Enforcement Notice's take-effect date.
The compliance period is set by the notice itself. If you think you can't meet it, get advice as early as possible.

Working with us

No. Speaking to us is confidential and doesn't involve us contacting the council unless you instruct us to.
Yes, where instructed. We can correspond with the council directly on your behalf.
No. We are based in the South West but advise clients across England.

Costs & consultation

There's no charge for the first conversation. If you need a more detailed review, one-hour consultations start from £120. We'll explain any further costs before you decide how to proceed.
Yes. All enquiries are treated in strictest confidence.

Process

Not automatically. Whether and how it affects any enforcement already under way depends on the specific stage that action has reached. Get advice before applying if enforcement is already a live risk.
No. A retrospective application is assessed on the same planning merits as any other application, not on the fact the work already exists.
The council may then consider enforcement action. We can advise on your options at that point, including whether an appeal is realistic.
There are statutory time limits after which the council can lose the ability to take enforcement action, and the rules have changed in recent years. See our guide on immunity and current time-limit rules. The exact position depends on your circumstances, so don't rely on this alone.
No. This is a risk assessment specifically informed by enforcement experience, understanding how a council is likely to view and act on a situation, not preparing a full planning application.
We'll give you a clear view based on what you tell us and the site's history. Where there's genuine uncertainty, we'll say so rather than guess.
We can still help. This shifts closer to our retrospective planning permission or enforcement notice advice, depending on where things stand.
Yes. Speaking to us doesn't involve any contact with the council unless you instruct us to.

Speak to someone who understands it.

Enquiries are free, whether you get in touch through the contact form or by phone. In-depth consultations start from £120.