Enforcement Notices

An Enforcement Notice will specify a deadline by which any appeal must be lodged: the appeal deadline, usually 28 days.

Note:
   1. The compliance deadline and the appeal deadline are not necessarily the same.
   2. The appeal deadline runs from the date on the face of the notice, not the date when it was actually received.

There are two types of appeal of an Enforcement Notice: those based upon a defect in the Notice itself (for example, the Notice does not properly describe the breach) and those based upon an earlier defect in the local planning authority’s (LPA’s) decision process.

Appeals of the first type must be brought within 28 days of the Enforcement Notice itself.

Appeals of the second type must be brought within 28 days of the original decision (because the appeal is based upon the original decision) and will not be allowed if the appeal deadline has already expired.

So, if one is appealing against the original decision not to grant planning permission, one must do so when the Decision Letter is received – it is no good waiting for the Enforcement Notice and using this as a method of appealing the original decision.