What are your options?

Fundamentally you have three options which are to submit the correct planning application, appeal to the planning inspectorate or comply with the enforcement order.

It is important to note that planning permission is never guaranteed. When dealing with an enforcement for works that have already been carried out without the proper consent, it is always more difficult because you do not have the luxury of being able to amend the design.

The good news is that while it is a very stressful situation, in many cases, we are able to help our clients secure a positive outcome. The most common reason that people receive an enforcement is that they have built something on the assumption that it would be permitted development therefore did not need planning permission.

In these cases, assuming there are no hidden constraints and your development would comply with the relevant planning and design criteria, it may be possible to submit a planning application retrospectively. If it is our professional opinion that we do not agree with the view of your planning authority that your development is a breach of planning law then may recommend appealing the enforcement. In the worst case if we believe you are unlikely to get a positive outcome, we will advise you of this however, should you still wish to appeal or submit a planning application on your behalf we will do so.

The enforcement notice will detail why the local planning authority believes you are in breach of the planning law. It will also clearly state what steps they require to either stop the enforcement action or what you need to do in order to remedy the breach. Unfortunately, in most cases if it is not possible to secure planning approval or win an enforcement appeal, they will require the property is put back to its original state.

In order to advise you on the best course of action we need to conduct a planning appraisal. We ask for as much detail as possible including photos of the development in question and a copy of the enforcement notice. Our planning consultants will then check the relevant planning policies, check the planning history and also look for any constraints that may affect your project.

Once we have carried out all the necessary research, we will arrange a planning consultation to discuss our findings. The planning consultant will advise you which would be the most appropriate course of action and the likelihood of success. Should you wish to instruct Studio Charrette to manage your appeal or planning application we will of course provide a quote to do so.

Contact us now to speak with one of our expert planning consultants to find out what is the best approach for your planning enforcement and the likelihood of success.