Whenever a breach of planning control occurs, a local authority is entitled to serve an enforcement notice on the owners and occupiers to make them desist from the unauthorised use or building work taking place. Increasingly, these enforcement notices are backed up by injunctions. They are also entitled to serve a stop notice, but are often reluctant to do so, because if they serve it wrongly, they are liable to pay compensation. A high percentage of enforcement notices are quashed on appeal because they are defective and ...
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Whenever a breach of planning control occurs, a local authority is entitled to serve an enforcement notice on the owners and occupiers to make them desist from the unauthorised use or building work taking place. Increasingly, these enforcement notices are backed up by injunctions. They are also entitled to serve a stop notice, but are often reluctant to do so, because if they serve it wrongly, they are liable to pay compensation. A high percentage of enforcement notices are quashed on appeal because they are defective and the whole subject is a procedural minefield. This book should therefore be read both by local authority planning departments seeking to serve enforcement and stop notices and by planning consultants, surveyors and solicitors wishing to attack such notices.
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