Making your Enforcement Appeal
2. Breach of condition notices and Stop notices
2.1 You cannot appeal to the Secretary of State against these types of notice.
2.2 A ‘breach of condition notice’ is another way that a LPA can make you comply with a condition in a planning permission. It can be served in addition to, or instead of, an enforcement notice. Failure to comply with its requirements is a criminal offence. But there is a right of appeal against an enforcement notice saying you have not met a planning condition. The two sorts of notice will be clearly indicated by the LPA.
2.3 A ‘stop notice’ is separate from, but directly related to, an enforcement notice that the LPA have issued. If the LPA serve a stop notice on you, it will normally be because they consider that you have seriously broken planning control rules. It can immediately stop an activity on the land. If you don’t do what it says the LPA may prosecute you for that offence immediately, in the Magistrates’ Court or the Crown Court. This could lead to you being fined. If you think the LPA’s decision to serve a stop notice on you is unfair, you should ask to discuss the matter urgently with them.
