FAQs Archive - Wilkinson Planning

Q: What is a stop notice?

A stop notice is a document that you can be served along with, or after an enforcement notice from the LPA if they believe that there is a breach of planning control on your development. Stop notices can order the cessation of activities relating to the breach of planning control. In the event you are issued with a stop notice, along with if you are issued with an enforcement notice, we strongly recommend that you enlist the services of a professional, reputable planning consultant on how best to approach and resolve the matter. NEVER ignore a stop notice or an enforcement notice.

Q: What is the breach of condition notice maximum fine?

The maximum fine for breach of condition notice (BCN) is £2,500. The recipient can be charged with subsequent offences if they continue to fail to comply. If charged with failing to comply with a BCN, it is up to you to prove that you had a reasonable excuse for non-compliance. In the event of BCN non-compliance, or recurring breaches of the terms of the BCN, you will be asked to demonstrate what steps you have taken to comply with the conditions stated in the notice. If you cannot give a reasonable explanation or have taken no steps to comply, then your local council will likely seek to prosecute. NEVER ignore a breach of condition notice.

Q: What is a retrospective planning application?

A retrospective planning application is an application for planning permission after work on your development has already commenced. An LPA can request that the owner or occupier of the land makes a retrospective planning application if they have started work without previous approval. This does not guarantee automatic planning permission. A retrospective planning application will be processed in the same way as a standard planning application. Should planning permission be refused at this stage, the LPA could issue an enforcement notice that requires you to return the site to how it was before works commenced. NEVER ignore a planning enforcement notice.

Q: What can a planning enforcement officer do?

Under sections 196A, 196B and 196C of the Town and Country Planning Act 1990 as amended (“the 1990 Act”), LPAs and Justices of the Peace are able to authorise named officers to enter land for specific, essential enforcement reasons. This is to ensure the thorough and complete planning control enforcement. Entry to land may be authorised to determine whether there has been a breach of planning control, whether enforcement powers should be actioned, how these powers should be actioned and whether compliance with previous enforcement notices has occurred. There are rules governing the entry, conduct and departure of planning enforcement officers. You must not wilfully obstruct an authorised planning enforcement officer. For a detailed description of the powers of planning enforcement officers and LPAs, please contact Wilkinson Planning. NEVER ignore a planning enforcement notice.

Q: Does an enforcement notice expire?

An enforcement notice does not expire. It must allow for a four-week (minimum) period for you to appeal before coming into effect. If no appeal is made, the notice will come into effect. NEVER ignore an enforcement notice. Should you receive one, we strongly recommend enlisting a professional planning consultant. The compliance period for an enforcement notice is variable, depending on the nature of the development. This can range from one month for simple works reversal, through to six months for usage changes and land restoration. Only in the rarest of circumstances will the compliance period exceed six months. You must comply with the terms of the enforcement notice.

Q: Do I need a planning consultant?

At Wilkinson Planning, we would always encourage that you seek at least the initial advice of a planning consultant, particularly if getting planning permission for your development is not going to be straightforward. Planning legislation and the channels involved can be highly complicated and specialised, and it is our speciality. It is important to bring a planning consultant on board at the start of the development. The planning landscape in the UK is a continually evolving and dynamic landscape of legislation, process, and communication. Incorrect information given at the incorrect time can at least delay projects and developments, costing you time, potentially money, and undue stress.

Q: What is a statement of common ground?

A statement of common ground is a written statement that contains facts about the development proposal that is being appealed, that the appellant has grounds to be considered non-disputed by the LPA. This helps to ensure the appeal focuses only on the material differences between the LPA and the appellant. When an appeal is made, the appellant must submit a draft version of the statement of common ground. An agreed (between the appellant and the Local Planning Authority) statement of common ground must be submitted within five weeks of the start date and can be based on the appellant’s initial draft.

Q: What is a statement of case?

A statement of case is the documents that lay out the argument and evidence that you will use in your appeal. This must be done regardless of which appeal route sought, be it written representation, hearing or inquiry. A statement of case helps to paint a picture of your appeal. A statement of case form can be downloaded from the government’s website, which gives pointers for what a statement of case should (and should not) include from both the appellant and the LPA. This form can be used to give notice to the LPA that you intend to lodge an appeal.

Q: How many planning appeals are successful?

According to the Planning Inspectorate, the average planning appeal success rate is about one in every three, and this figure has largely remained consistent over time. By ensuring you are confident in your appeal and are able to make your complete case, you can push the odds in your favour. This can of course be very difficult without dedicated knowledge, contacts and sheer experience. A planning consultant should have these in abundance, and at Wilkinson Planning we set the bar incredibly high. We are experts in planning appeals and welcome all cases, big or small, with our exceptionally high success rate.

Q: How long do planning appeals take?

Planning appeals to the Planning Inspectorate can take significantly longer to be processed than a simple planning application. The total timeframe can be highly variable, but typically you can expect to be waiting for months. From January 2016 to December 2020, the mean planning appeal waiting time was 26 weeks. A planning appeal can be submitted by written representation (the most common way), a hearing (typically for when there is a public interest in your proposed development), and for the most complicated cases, via inquiry. Depending on the nature of your appeal, you may be better compromising with the LPA on some conditions if time is tight.

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