Planning enforcement action can only be taken when building works have been carried out without the appropriate permission/consent.
Find out more about where planning permission and/or listed building or advertisement consent maybe required.
When building works breach planning control
When building works are carried out without the correct permissions it is a breach of planning control. We can take several different types of formal planning enforcement action when rules have been broken.
If it’s decided that the planning rules have been broken, Planning Enforcement will investigate the matter in line with our Planning Enforcement Rules. This might involve negotiating a resolution by requesting a retrospective planning application or that works are carried out to resolve the issue(s). If those responsible are unable resolve the matter, we may decide to take formal action.
Although many cases can be resolved informally, the council often has to take action. We serve many notices every year, as well as starting legal proceedings including prosecutions and injunctions.
Planning enforcement does not investigate:
- neighbour disputes
- land boundaries or ownership disputes
- works to party walls
- smells, noise and pollution
- use or development on highways or pavements
- dangerous structures
Types of formal action we can take
An enforcement notice may be served where we believe there has been a breach of planning control involving an unauthorised material change of use, operational development or breach of a condition. The enforcement notice will state the reasons for action being taken and specify the steps that we require to be taken in order to remedy the breach. There is a right of appeal against an enforcement notice.
Breach of Condition notices
This is used when a breach of a condition attached to planning permission has taken place.
The notice will specify the steps that we require to be taken in order to secure compliance with the condition. There is no right of appeal against a BCN.
In certain cases, a Stop Notice can be served in order to cease an unauthorised activity on the land. A Stop Notice can only be served at the same time as, or after the service of an enforcement notice. There is no right of appeal against a stop notice, only the enforcement notice to which it is attached. We’ll be at risk of compensation if it’s used in inappropriate cases.
Temporary Stop notices
In certain cases, a Temporary Stop Notices can be served before an enforcement notice has been served in order to cease an unauthorised activity on the land. These notices remain in effect only for a maximum of 28 days.
Section 215 notices
Where the condition of land is adversely affecting the amenity of the area, we may serve a notice under Section 215 of the Town and Country Planning Act 1990 requiring the proper maintenance of land. The notice will specify the steps that we require to be taken in order to remedy the condition of the land. There is a right of appeal in the Magistrate's Court against a Section 215 Notice.
Tree Replacement notices
Where a protected tree is removed, uprooted, or destroyed without prior consent, we can serve a tree replacement notice requiring, within a specified period, the replanting of a tree of a specified size and species. There is a right of appeal against a Tree Replacement Notice.
Planning Contravention notices
Where it appears as though there may have been a breach of planning control in respect of any land, we may serve a Planning Contravention Notice requiring information about activities on land. There is no right of appeal against this notice and failure to respond is an offence.
Section 330 notices
To enable us to exercise other powers, we may serve a notice under Section 330 of the Town and Country Planning Act 1990 requiring information as to interests in land, including ownership and occupation details. There is no right of appeal against a Section 330 Notice and failure to respond is an offence.
Advertisement Removal notices
Where an advertisement is erected without consent we can, in certain instances, serve notices under Section 225 of the Town and Country Planning Act 1990 (as amended by Section 10 of the London Local Authorities Act 1995) and/or Section 11 of the London Local Authorities Act 1995, requiring their removal - Section 10 and Section 11 Notices. There is no right of appeal against these notices.
The Town and Country Planning (Control of Advertisements) Regulations 1992 allows us to serve a discontinuance notice against any advertisement, or the use of any advertisement site, which normally has the benefit of deemed or express consent. There is a right of appeal against a discontinuance notice.
Notice of Intended Entry
This notice is formal confirmation of our intention to enter land without a warrant. If entry to the land (or any part of it) is refused, the person obstructing our officers will be committing an offence and we will obtain a warrant to gain entry. There is no right of appeal against a notice of intended entry.
In accordance with Section 188 of the Town and Country Planning Act 1990, the planning division holds a register of all enforcement notices, stop notices and breach of condition notices served in the borough. This is available to view by the public.
Find out if a breach is registered in the Planning Enforcements Register.
Planning enforcement appeals
There is a statutory right of appeal against enforcement notices served by any Local Planning Authority (LPA) Barnet Council is an LPA.
Anyone with an interest in the land, even if they haven’t been issued with a copy of the notice, can make an appeal - this normally means the owner, tenant or leaseholder of the property.
Anyone who is not the person making the appeal or the LPA also has the right to take part and make formal comments on the appeal.
How to make an appeal
If you want to make an appeal against a notice served by us, you must do so before the date the notice comes into effect. This date will be clearly stated on the notice.
Before deciding whether or not to appeal against the enforcement notice you should read the Enforcement appeals and determination of appeal procedure, which gives detailed advice about the appeal process.
If you decide to appeal, you can lodge an appeal online against a notice.
If you want to take part in an appeal
You can take part in an enforcement appeal even if you are not the person making it.
If you haven’t received notification of the appeal directly from us, you can contact our Planning Appeals team for more information about the processes and deadline.
- Planning Enforcement
- 10th Floor, Barnet House, 1255 High Road, Whetstone, London N20 0EJ
- Tel: 020 8359 3000
- Email: firstname.lastname@example.org