Lawyers at Jay Visva Solicitors are regularly instructed in planning appeal matters, particularly appeal of planning refusals and challenging enforcement notices and prosecutions for failing to comply with the enforcement orders. We pride ourselves in claiming as one of the notable firms of solicitors who provide inter-disciplinary services for our clients.
When you consult us we will advise on the merits of your planning matter and if required will obtain second opinion from our preferred planning experts, such planning barristers so that we can make sure that excellent legal services from us.
Need for planning permission
Section 57(1) of Town and Country Planning Act 1990 provides that planning permission is required for the carrying of any development of the land.
According to Section 55 of the Town and Country Planning Act 1990, ‘Development’ includes:
- building operations (e.g. structural alterations, construction, rebuilding, most demolition);
- Material changes of use of land and buildings;
- Engineering operations
- Mining operations
- Other operations normally undertaken by a person carrying on a business as a builder.
- Subdivision of a building (including any part it) used as a dwelling house for use as two or more separate dwelling houses;
According to Section 172 of the Town and Country Planning Act 1990 (hereafter referred to as “the 1990 Act”), the local Planning authority has the power to issue an Enforcement Notice. This is a discretionary power; however, the local Planning authority issues the notice where it is satisfied that there has been a breach of Planning control.
Offence where an Enforcement Notice has not been complied with
Under Section 179 of the 1990 Act, the owner of the land is in breach of the notice and guilty of an offence.
Where a person charged with non-compliance with an Enforcement Notice has not been served with a copy of it, the notice is not contained in the statutory register of enforcement and stop notices kept under s 188 of the 1990 Act, it shall be a defence for him to show that he was not aware of the existence of the notice.
The maximum penalty that magistrates’ court may impose is 20,000 on summary conviction or an unlimited fine on indictment. However, the court is likely to look at any financial benefit which has been accumulated due to the offence. The prosecution authorities should be prepared to give the details of proceeds which were accumulated by the offence so that court will regard to them.
The local planning authority may also apply for a Confiscation Order, according to the Proceeds of Crime Act 2002, so that they are able to recover the funds generated through the unauthorised development.
If a person is prosecuted for failure to comply with an Enforcement Notice, he cannot, at that stage, challenge the earlier decision to issue the Enforcement Notice on the ground that the decision to so was ultra vires.
Our Service standards
We aim to provide you with high standards of service at all times. We will:
- keep you regularly informed in writing of the progress with your matter;
- communicate with you in plain language that you can understand;
- provide written updates clearly explaining the legal work required as your matter progresses;
- keep you informed of the cost of your matter every month;
- Advise you on the likely time it will take to resolve your issue and keep you updated as to the likely timescale at each stage of your matter informing you of any material changes in those estimates.
To achieve the best possible outcome in your case, we need to work together with you. We will:
- review your matter regularly;
- advise you on the law;
- follow your instructions;
- update you on whether the likely outcomes still justify the likely costs and risks associated with your matter whenever there is a material change in circumstances.
You need to:
- provide us with clear and timely instructions;
- Promptly provide us with the information and documents required to complete the transaction.
If you wish to consult with us in relation to your Planning matter please call us and speak to one of our Planning Solicitors who will be more than happy to provide you with 10 minutes of free advice.