Building and Planning

The local authority has contacted me threatening enforcement action over my extension. What do I do?

The local authority has contacted me threatening enforcement action over my extension. What do I do?

Should immediately stop any work.  You will need to consider whether the council’s threat is valid – you may have planning consent or be constructing under permitted development rights and the council is simply not aware of this – if you advise them and they accept your explanation then that will be resolve the matter.

 

If the local authority believes that the extension is unlawful then it can require you to apply for planning consent or for a Lawful Development Certificate. Either would allow you to continue with the work lawfully.

 

If the council feels that the development has progressed too far, that there is no lawful use or that planning permission is unlikely to be granted it is likely that proceedings will begin to issue an Enforcement Notice.  This will also apply if the council has required you to make a planning application or to apply for Lawful Development Certificate and you have not.

 

Enforcement order can order:

The alteration or removal of buildings or works

The carrying out of buildings and operations

That land stop being used in a particular way or the replacement of a demolished building.

 

You must comply with the requirements of the Enforcement Notice as soon as practically possible.  Failure to do this could result in a hefty fine or prison – requirements of the Notice can be varied or the deadline extended in order to assist you with compliance

 

You can appeal the Enforcement order – must be done as soon as possible and, at the very latest, before the deadline given in the notice for it to take effect. Notice should give details of appeals process.

 

http://www.communities.gov.uk/index.asp?id=1144371 for more info

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