Guide to taking part in enforcement appeals

The Enforcement Appeals Process

When does a Local Planning Authority (LPA) serve an enforcement notice?

A LPA is a county council, county borough council or national park. They are responsible for planning control in an area. If a person puts up a building or carries out changes of use without getting planning permission from the LPA they may be breaking planning control rules. If they already have planning permission but do not meet the conditions attached to it, they may also be breaking planning control rules.

It is not an offence to break planning control rules. But if the LPA decide that the building or use is not acceptable, they may decide to send an enforcement notice.

The LPA do not have to send an enforcement notice just because planning control rules have been broken. They must have other good reasons and a clear idea of what they want done to put things right. For example, an enforcement notice might tell someone to remove a building, stop a use, do something to make the building or use acceptable, or meet the conditions of a planning permission.

Who can appeal?

Your LPA can serve an enforcement notice by post, by giving it to the person on the land, or by fixing it to an object on the land.

Anyone with a legal interest in the land may appeal, whether or not they have been served with a copy of the enforcement notice. Someone “with an interest” in the land will normally be the owner, tenant or leaseholder. A mortgage company or other lender can also have an interest. Nobody else can appeal against a notice, but they can make their views known about an appeal.

What happens if no appeal is made

An appeal must be made before the date the enforcement notice will begin to apply. If no one appeals against the notice before that date, the notice will apply from that date. This means that the notice will be recorded in the relevant planning register and will show in any ‘searches’ carried out if the land or building is sold.

The enforcement notice sets out what must be done to meet the planning control rules. If the person the notice is addressed to does not comply within the time limit given, they may be fined or in extreme cases imprisoned. The LPA also have powers to carry out the works and charge the land owner.

Who decides an appeal

Appeals are decided by Inspectors, who are unbiased and professionally qualified in planning or a related area, such as law or architecture.

An Inspector will decide most appeals, but there are some appeals that the Assembly will decide (for example, proposals that will affect more than just the local area). In those cases, the Inspector will still assess the appeal, but they will send a report with their recommendation to the Assembly. The Assembly then considers whether to accept the Inspector’s recommendation, and issues a decision letter.

How it is decided

Appeals are dealt with in one of three ways.

The LPA and the appellant can make written statements.

A hearing can be held (less formal than a full inquiry).

A public local inquiry can be held.

The Inspector will always take into account all the facts provided and will normally visit the site before making a decision or sending their decision to the Assembly. The decision notification will be sent to the LPA and anyone else who has asked for one.

All the appeal procedures, and how you can become involved, are described in further detail in their own sections of this booklet.

Welsh language

We deliver an equally high standard of service to its customers in Welsh and English.

We recognise that our customers can express their views better in their preferred language of communication. Accordingly, we welcome all communications to us in Welsh or English.

Any person wishing to speak at an inquiry or a hearing in the Welsh language, may do so, but it would be helpful if you could inform us beforehand so that arrangements can be made.

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