Legal Action

Planning Enforcement is complex and often results in appeals and legal challenges. Essentially the Council has a duty to:

Serve the enforcement notice properly and to the correct individuals or companies as far as possible;
Limit the actions that must be taken to the specific breach that is being enforced against;
Give the receivers of the notice sufficient time to remedy the breach (can be from 28 days to several months depending on circumstances);
Take the matter to Court if it is expedient to do so;
Ensure that we take into account the relevant provisions of the Human Rights Act (particularly where it involves a threat to an individual’s livelihood or home).