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Appeals process

Your LPA can serve an enforcement notice by post, by giving it to the person on the land, or by fixing it to an object on the land.

Anyone with an interest in the land may appeal, whether or not they have been served with a copy of the enforcement notice. This normally means the owner, tenant or leaseholder. A mortgage company or other lender can also have an interest. Nobody else can appeal against a notice, but they can make their views known about an appeal.

The Planning Inspectorate can deal with appeals in one of three ways.

  • The LPA and the appellant can make written statements.
  • A hearing can be held (less formal than a full inquiry).
  • A public local inquiry can be held.

The Inspector will always take into account all the facts provided and will normally visit the site before making a decision.

What happens if no appeal is made

An appeal must be made before the date the enforcement notice will begin to apply. If no one appeals against the notice before that date, the notice will apply from that date. This means that the notice will be recorded in the relevant planning register and will show in any 'searches' carried out if the land or building is sold.

The enforcement notice sets out what must be done to meet the planning control rules. If the person the notice is addressed to does not obey within the time limit given, they may be committing an offence. And if the LPA decide to take them to court, they may have to pay a fine.