What is an enforcement notice?
An enforcement notice is a legal document that lets you know what, in the local planning authority’s view, constitutes a breach of planning control and what steps the local planning authority need to be taken.
It's an offence not to comply with an enforcement notice. If you do not comply with the terms of an enforcement notice you may need to pay a fine.
Who can be served an enforcement notice?
An enforcement notice can be served to:
- the person or contractor carrying out the work
- the property owner
- any people who have sufficient interest in the property (allowing them to carry out the work without the need to get permission from anyone else)
When can an enforcement notice be served?
We can serve an enforcement notice when a person:
- is carrying out or has carried out work where consent would be needed
- is in breach of a condition already given
What does an enforcement notice say?
The enforcement notice will tell you to stop work in relation to the forestry project with immediate effect. It'll also include one or more of the following measures:
- apply to us for consent
- restore the land to the condition it was in before any work on the project was carried out
- carry out any work on the land that is reasonably necessary to ensure the terms of the consent are complied with
- remove or reduce any damage to the environment that has been caused by the project
- stop the work in relation to the project
What are the timescales of an enforcement notice?
The notice can state the timescale during which any of the first 5 measures specified in the above list must be taken. Different timescales can be given for different measures.