Planning enforcement appeals in London can be a complex process and working with a planning consultant can be a helpful way to navigate the system and increase the chances of a successful outcome. If you have been served with an enforcement notice from an local planning authority in London, it may be because they believe you have initiated some form of development without the necessary planning permissions in place. This can include anything from building an extension on your home to changing a residential premises to a holiday let. In any case, if you believe the notice is unjustified, you have the right to an enforcement notice appeal.
Before starting the appeal process, it’s important to understand the grounds for appeal and whether your case meets the criteria. There are seven grounds for appealing an enforcement notice:
Permission should be granted as the case may be, the condition or limitation concerned ought to be discharged.
That those matters have not occurred.
That those matters (if they occurred) do not constitute a breach of planning control.
That, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters.
That copies of the enforcement notice were not served as required by section 172.
That the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;
That any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed.
If you do decide to appeal, the first step is to submit a written statement outlining your case and the grounds for appeal. This should be submitted to the local council within the specified time frame, which is usually 28 days from the date of the enforcement notice.
After submitting your appeal, the planning inspectorate (PINs), the independent government agency that handles appeals will review your case and may request additional information or a site visit. The appointed inspector will then decide whether to uphold the enforcement notice or revoke it. It may be helpful to work with a planning consultant for expert planning advice and representation during the appeal and planning enforcement process.
5 Benefits of Using a Planning Consultant for Planning Enforcement Appeals
While it’s possible to navigate the planning enforcement appeal process on your own, working with a planning consultant can provide valuable expertise and support. Using a planning consultant to help with planning enforcement appeals can provide numerous benefits for property owners and property developers which include the following:
Expert knowledge: Planning consultants have a wealth of knowledge and experience in the planning system and know how to navigate the appeals process effectively. They can provide valuable advice and guidance on the best course of action to take.
Time-saving: The appeals process can be time-consuming and complex. A planning consultant can handle all the necessary paperwork and communication with the planning authority, saving you time and hassle.
Increased chances of success: A planning consultant can help you to present a strong and well-reasoned case for your appeal, increasing the chances of it being successful. They can also identify any weaknesses in the planning authority's case and help you to address them.
Cost-effective: While hiring a planning consultant may involve an initial cost, it can save you money in the long run by avoiding costly mistakes and delays.
Access to resources: Planning consultants have access to a range of resources and can draw on their networks to help build your case. They can also provide valuable insights into the likely outcome of your appeal.
If you are facing a planning enforcement notice or investigation here are some circumstances when it may be beneficial to hire a consultant for professional representation:
You are not familiar with the planning system: If you are new to the planning process, a planning consultant can provide valuable guidance and support.
You are unsure of your rights: A planning consultant can help you to understand your rights and options under the planning system, and advise you on the best course of action to take.
You are facing a complex case: If your case is particularly complex or involves multiple parties, a planning consultant can provide valuable expertise and help to coordinate the appeal process.
You are facing a large financial penalty: If you are at risk of a significant financial penalty, it may be worth seeking the help of a planning consultant to help you build a strong case and minimize the potential costs.
"How to Choose the Right Planning Consultant for Your Planning Enforcement Appeal"
It is important to choose the right person for the job and with experience gained working as a local authority planning enforcement officer in London FJ Urban Planning brings valuable expertise to your specific case to increase the chances of a successful outcome. There are several advantages to working with FJ Urban Planning Ltd for your appeal:
First hand experience as a planning enforcement officer in London.
In-depth knowledge of the planning system to advise on the best course of action for your specific case.
Understanding of the appeal process which ensures that all necessary documents and information are submitted on time.
We can also negotiate with the council and Planning Inspectorate on your behalf, increasing the chances of a successful outcome.
Planning enforcement appeals in London can be a complex process, and working with a chartered town planning consultant can be a helpful way to navigate the system and increase the chances of a successful outcome. In terms of credentials a chartered town planner will be working on your your case which which means that we are regulated by the Royal Town Planning Institute and can therefore instruct Counsel if required for your specific case.
Fidel Miller MRTPI
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