Grounds - Enforcement appeals

You should choose at least one of the following Grounds for your appeal.  You will need to provide facts in support of all the grounds that you select.

Ground (a): That planning permission should be granted for what is alleged in the notice.  Section 174(2)(a) of the Town and Country Planning Act says “that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged”.

Ground (b): That the breach of control alleged in the enforcement notice has not occurred as a matter of fact.  Section 174(2)(b) says “that those matters have not occurred”.

Ground (c): That there has not been a breach of planning control (for example because permission has already been granted, or it is “permitted development”).  Section 174(2)(c) says “that those matters (if they occurred) do not constitute 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.  Section 174(2)(d) says “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”.

Ground (e): The notice was not properly served on everyone with an interest in the land.  Section 174(2)(e) says “that copies of the enforcement notice were not served as required by section 172”.

Ground (f): The steps required to comply with the requirements of the notice are excessive, and lesser steps would overcome the objections.  Please state how you think the requirements should be varied.  Section 174(2)(f) says “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”.

Ground (g): The time given to comply with the notice is too short.
Please state what you consider to be a reasonable compliance period, and why.
Section 174(2)(g) says “that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed”.