ABSTRACT

Enforcement action by local planning authorities (lpas) can be undertaken by the issuing of: an enforcement notice; a Breach of Condition Notice (BCN); a stop notice; or an injunction. The recipient of an enforcement notice is required by the lpa to take action to overcome the alleged breach of planning control within a specified period of time, which can be as short as 28 days after the notice has been served. Under the provisions of s 174(1) of the Town and Country Planing Act (TCPA) 1990, a right of appeal is conferred on any person having an interest in the land or on a 'relevant occupier', that is, a person who occupies the land by virtue of a licence at the time at which the notice was served and has continued to do so at the time the appeal is lodged.