Anyone a planning authority believes has breached planning control can face swift and serious consequences. Planning controls can be broken either by carrying out a development without the required planning permission or failing to comply with conditions or limitations imposed on a planning permission.

Where a planning authority, normally a local authority, believes this has happened it has wide-ranging powers to take enforcement action. Anyone at risk of enforcement action needs good-quality legal advice to resolve the situation.

We have a strong track record on advising clients if a planning breach exists and of challenging enforcement proceedings through the courts. A key issue is whether a breach of control has unacceptably affected public amenity or the use of land and buildings meriting protection in the public interest. Great care has to be taken by anyone facing enforcement action because once proceedings have started, non-compliance can lead to criminal prosecution.

Breaches of certain special controls, such as those on listed buildings, are automatically a criminal offence.

Appeals are normally treated as an application for planning permission. But time is of the essence as there is a strict 28-day time limit for appealing against an enforcement notice.

Our team moves fast to protect your interests. We can also advise you on how to comply with an enforcement notice. In fact, whatever the situation, we have the skills and knowledge you need to achieve the best possible outcome.

For more information please contact Alastair Mckie.