Receiving a planning enforcement notice is serious — but it doesn’t automatically mean the work has to be undone. Here’s how enforcement notices work, your rights, and how to respond.
A planning enforcement notice is a formal legal notice issued by a local planning authority requiring a breach of planning control to be remedied. You have 28 days from the date of service to appeal against the notice to the Planning Inspectorate. Missing this deadline means the notice takes effect and becomes legally enforceable — you can be prosecuted for failing to comply. Lodging an appeal suspends the notice while it’s being determined. You should take legal advice as soon as you receive an enforcement notice.
A planning enforcement notice (EN) is issued by a local planning authority under Section 172 of the Town and Country Planning Act 1990. It identifies a breach of planning control (such as carrying out development without planning permission, or breaching a planning condition), specifies the steps required to remedy the breach, and sets a compliance period — the time by which the steps must be completed.
The council can issue an enforcement notice when it is expedient to do so, having regard to the provisions of the development plan and any other material considerations. Not all breaches of planning control result in enforcement notices — councils have discretion about whether to take enforcement action, and many do not pursue minor breaches.
The notice will state:
An appeal against an enforcement notice can be made on any of the following statutory grounds:
| Ground | Argument |
|---|---|
| Ground (a) | Planning permission ought to be granted for the development, or the condition ought to be discharged — effectively a deemed planning application |
| Ground (b) | The alleged breach has not occurred |
| Ground (c) | The matters alleged do not constitute a breach of planning control |
| Ground (d) | The breach of planning control alleged in the notice occurred before the relevant time limit (the council is out of time to enforce) |
| Ground (e) | Copies of the notice were not served as required by law |
| Ground (f) | The steps required to remedy the breach are excessive |
| Ground (g) | The compliance period is unreasonably short |
Ground (a) is the most commonly used — it allows you to run a planning appeal alongside the enforcement appeal, effectively asking the Inspector to grant retrospective planning permission.
If you fail to comply with an enforcement notice that has taken effect (either because you didn’t appeal within 28 days, or your appeal was dismissed), you are committing a criminal offence under Section 179 of the TCPA 1990. The penalty on conviction can be an unlimited fine. Each day of continued non-compliance can be a separate offence. The council can also enter the land, carry out the required steps itself, and recover its costs from the owner.
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