Planning Control and Enforcement
Have you been served with a planning enforcement notice and need specialist representation? Do you need to appeal a planning enforcement notice? Whether you are a landowner or a developer we are here to help you.
A F Brooks specialist planning team, headed by Justin Price-Jones, have many years experience of successfully dealing with planning enforcement notices.
Our Planning Enforcment Experience
Our experience includes:
- Advising on breaches of planning control and enforcement issues (including applications for warrants of entry to properties).
- Applications for Certificates of Lawfulness – usually in relation to unauthorised changes of use of land/buildings, but also in relation to proposed changes of use of buildings. Instructed by commercial and residential property owners. (We have a 100% success rate with such matters.).
- Advice and representation regarding the preparation and submission of planning enforcement appeals (e.g. in relation to unauthorised extensions to houses and unauthorised uses of commercial properties).
- Advice and representation in both the Magistrates’ Court and Crown Courts for failure to comply with a planning enforcement notice (including advocacy where appropriate).
Planning Contravention Notice
A Planning Contravention Notice (usually called a “PCN”) is often a precursor to further planning enforcement action, so the service of such a notice is a clear sign a matter is firmly on the Council’s ‘radar’.
Although it is an early step in the overall planning enforcement ‘process’ it is still potentially very serious because a failure to respond in time and/or with accurate information could result in a criminal prosecution.
What you say in response to a PCN will often hep the Council to decide whether or not is should proceed to issue a planning enforcement notice.
Planning Enforcement Notice
Things get more serious when a Council serves an enforcement notice!
The main danger is that if you do not appeal against the enforcement notice in the time given you cannot later argue about the activities the Council has required you to stop etc. and/or the time the Council gave you in which to comply.
Failure to comply with the requirements of the enforcement notice can result in a criminal prosecution in either the Magistrates or the Crown Court – which is the option most Council’s chose as their next step in the dispute. However, subject to the precise circumstances the Council may decide to take ‘direct action’. This would result in them entering your property to carry out the necessary works – and then sending you the bill!
Certificates of Lawfulness
If you suspect your property is subject to unlawful development and/or use, you may be able to remedy the problem by applying for a certificate of lawfulness.
We have a 100% success rate with such applications.
When advising you or carrying out any work on your behalf, we shall always respect the confidentiality of your situation and put your best interests first.
Moreover, our focus shall always be on giving practical and pragmatic advice which is ‘results orientated’ and intended to deliver a positive outcome and, ideally, a cost effective solution.
During the initial call we will listen to your current planning needs and then outline a solution including the costs involved. We are often able to provide fixed fee services.
Make A Free Planning Enquiry To A Specialist Planning Law Solicitor Today
Why Choose Us?
*We provide specialist legal advice and niche solicitor services to the highest standards.
*At all times and at all stages in a legal matter, our clients deal directly with the relevant partner.
*The majority of our business is generated through personal recommendations made by existing clients, which we believes proves that we are hitting the mark.