How long does enforcement action take?

Government advice is to use persuasion and negotiation in all but the most extreme cases. Often, this proves to be the quickest and most effective method of resolving the problem. For this reason, the person[s] responsible for the breach is usually advised of the problem, what needs to be done to make matters acceptable and the powers of the District Council if they fail to do so. In the majority of cases, the contravener will take the necessary action of their own accord.

If persuasion and negotiation are not successful, the District Council may then instigate formal action, which may include: serving an enforcement notice or other notices, taking out an injunction or prosecution. Immediate prosecution is only permissible in the case of unauthorised works to a listed building, the unauthorised display of certain advertisements and the wilful destruction of a protected tree.

There is a right of appeal to the Planning Inspectorate of the Secretary of State for the Department of the Environment, Transport and the Regions against an enforcement notice and the requirements of the notice are suspended until the appeal is heard. Appeals against enforcement notices may take up to a year to be heard. See the Planning Inspectorate website for additional advice.

If an appeal is allowed we can take no further action. It the appeal is dismissed the period for compliance (which may have been varied by the Inspector following the appeal) begins from the date of the appeal decision.

If an appeal is dismissed, legal action (prosecution proceedings) can be taken if an individual then fails to comply with the requirements of an Enforcement Notice after the time allowed by the Enforcement Notice.

In certain cases when an individual has not taken the necessary action we can use our own contractors and carry out all or part of the necessary work. Any costs arising are payable by the landowner. This is called 'Default Action' and can be a powerful deterrent but only at the end of the legal process.

This webpage was updated on 6/12/2009