Grounds of appeal

Your enforcement appeal may be made on any one or more of the grounds in section 174 (2) of the Town and Country Planning Act 1990, as amended by the Planning and Compensation Act 1991. If you decide to appeal, you should indicate the grounds of appeal in the appropriate box on the appeal form. Further grounds of appeal may be introduced if The Planning Inspectorate think they are justified. You will have to consider which of them apply to your appeal.

Your appeal must state not only the grounds, in section 174(2) of the Act, on which it is made, but also the facts in support of each chosen ground of appeal.

If you do not provide enough facts when your appeal is first made, The Planning Inspectorate will ask for more. They will impose a 14-day time limit for you to produce the facts. They have power to dismiss your appeal, or not to consider a particular ground of appeal, if you do not provide the further facts or information within the time limit.

You should think carefully about the facts on which you will rely and try to make sure that you do not confuse facts with grounds. If you appeal, you can state your arguments as well as the facts, if you want. But you must at least state the main facts on which your appeal is based, and you should relate them, if you can, to the grounds of your appeal. It is not enough to copy the wording from the grounds of appeal or to put it into different words.

The grounds of appeal are listed below. Follow the links at the bottom of the page for a summary of each ground and some examples of facts.

Ground (a) That planning permission should be granted for what is alleged in the enforcement notice, or that the condition which is alleged not to have been complied with should be discharged.

Ground (b) That the breach of planning control alleged in the enforcement notice has not occurred as a matter of fact.

Ground (c) That there has not been a breach of planning control.

Ground (d) That, at the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice.

Ground (e) The notice was not properly served on everyone with an interest in the land.

Ground (f) That steps required to comply with the requirements of the enforcement notice are excessive and lesser steps would overcome the objections.

Ground (g) The time given to comply with the notice is too short.