Enforcement Appeals: Everything You Need to Know
16 Dec, 20241-2 minutes
In this blog, you will learn:
- What an enforcement appeal is.
- Why enforcement appeals are important.
- What Levelling Up is.
- How enforcement appeals interact with Levelling Up.
- Key changes for enforcement appeals under the Levelling Up and Regeneration Act.
- Where the latest planning jobs are and how to apply for them.
What is an enforcement appeal?
Throughout the UK an enforcement appeal is a formal process in which an organisation or individual will challenge an enforcement notice that has been issued by a Local Planning Authority.
Such notices are usually served if there has been a breach within planning control. Breaches can include planning conditions failing to be compliant with regulations or illegal changes in land use.
An independent review of an enforcement notice will be carried out by the Planning Inspectorate during the appeal process to determine whether it should be upheld, modified or disregarded.
There are a variety of grounds in which an enforcement appeal can be made, including:
- Planning permission should be granted for the development in question.
- The alleged breach of planning control has not occurred.
- The enforcement notice has not been served in the correct manner.
- The compliance period is too short to carry out the required steps.
Why are enforcement appeals important?
Enforcement appeals are an important way to maintain fairness and accountability within the planning sector. They provide an effective way to ensure that enforcement actions are lawful and align with planning policies.
Enforcement appeals are also an important mechanism for resolving disputes within planning and making sure property rights align with public interest. They are able to play a role in making sure that environmental considerations are addressed in order to maintain sustainable development practices.
Appeals also give individuals and businesses the power to defend their property rights should they be facing excessive or unnecessary enforcement actions.
Furthermore, enforcement appeals serve as a way to clarify any existing ambiguities in planning law and therefore enhance consistency in how regulations are applied throughout the UK.
What is Levelling Up?
Levelling Up refers to the action of creating a more balanced, equitable UK which creates equal opportunities for all communities and citizens, regardless of their geographical location.
It is a transformative scheme that offers everyone the opportunity to succeed. Whilst the Levelling Up scheme has faced some scrutiny since its inception, its goal to empower communities and reduce inequality remains vital to the future of the United Kingdom.
How do enforcement appeals interact with Levelling Up?
Throughout the UK, enforcement appeals can cross over with the government's Levelling Up agenda.
Such appeals play a role in balancing the need for compliance with planning regulations while fostering development that supports broader social and economic objectives.
Enforcement appeals interact with levelling up by:
- Encouraging compliance.
- Enhancing confidence and trust.
Encouraging compliance
Enforcement appeals help to ensure that substandard development is prevented and that developments are meeting both quality and safety standards.
Appeals are also important for ensuring that developments are aligning with planning policies throughout the UK, whether these be local or regional. Such policies are often created to reflect the goals of Levelling Up throughout the nation.
Enhancing confidence and trust
An appeal process which is clear and fair for all parties is an effective way to boost confidence within development projects, particularly in underdeveloped regions which are set to grow under the Levelling Up and Regeneration Act.
Enforcement appeals and the resolution of related issues can also demonstrate to local communities that developments are not bypassing local interests and will aim to support environmental goals.
Challenges within enforcement appeals and Levelling Up
Prolonged enforcement appeals can slow down developments that are trying to align with Levelling Up goals in regions requiring them. As a result of stalled projects, regional disparities may be exacerbated.
Appeals can also strain Local Planning Authorities in terms of their available resources, which might limit their ability to successfully support Levelling Up.
The strain on resources and delay in developments might mean that communities and regions who require the support of Levelling Up, are left behind and the gap between more and less economically developed regions, widens further.
In order for the Levelling Up agenda to be effective, the enforcement appeals process must align with the overarching goal of regional and social development whilst remaining equitable and enhancing the collaboration between developers, communities and local authorities.
Key changes for enforcement appeals under the Levelling Up and Regeneration Act
In April 2024, the Levelling Up and Regeneration act resulted in changes to enforcement and lawful development certificate appeals.
On April 2nd 2024, The Planning Act 2008 (Commencement No.8) and Levelling-up and Regeneration Act 2023 (Commencement No.4 and Transitional Provisions) Regulations 2024 were made. These regulations were introduced to bring the Levelling Up and Regeneration Act’s enforcement package into force.
Changes and key elements affecting enforcement and lawful development certificate appeals included:
- The time limitations for taking enforcement action with a single 10-year tariff will apply to all breaches of planning controls as opposed to the original time limit of 4 years for bringing enforcement action against building or engineering operations as well as changes of use to a single dwelling-house.
- Enforcement Warning Notices can be issued by Local Planning Authorities.
- The Planning Inspectorate will be able to dismiss enforcement notice appeals and certificates of lawfulness if there is found to be undue delay from the appellants side in progressing with the appeal.
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