Planning Enforcement

Legally Correct September 2010

Generally speaking, you are only allowed to live on private land for up to 28 days a year – whether it’s your own land or someone else’s, if you do not have planning permission to do so.

You may be issued with an Enforcement Notice, a Stop Notice or an Injunction by the Local Planning Authority (LPA) if:

  • You have not applied for planning permission.
  • You have applied for planning permission and/or appealed against a decision to refuse planning permission and it has been refused.
  • You have planning permission but have not complied with any conditions.

    • The use of enforcement powers are discretionary but if the LPA deems it ‘expedient’ to use them it will. Firstly though you would expect the LPA to have an informal discussion with the owner to see if and how the breach can be overcome, and also to take into consideration common humanity (see Planning Policy Guidance 18 – Enforcing Planning Control – http://www.communities.gov.uk/publications/planningandbuilding/
    planningpolicyguidance18    )

    Enforcement notices

    Enforcement Notices are used by the LPA to stop any breach of planning control (See Section 172 of the Town and Country Planning Act 1990: http://www.legislation.gov.uk/ukpga/1990/8/contents). A breach of planning control can be living on your land without planning permission. An Enforcement Notice will state what the breach of planning is and ways to remedy the breach, giving you no less than 28 days from the date of the notice. You have the right to appeal against an Enforcement Notice but if you are unsuccessful and you do not comply with the Enforcement Notice then you are likely to be fined.

    Direct Action

    If you do not comply with an Enforcement Notice (including if you have lost any appeal against it) the LPA can take ‘direct action’ and enter the land to remedy the breaches and charge the owner for any costs incurred. However, LPAs should take into consideration personal circumstances before taking direct action.

    Stop Notices

    These can be issued by the LPA alongside an Enforcement Notice which instantly bans you from carrying out any activity that are in breach of planning control (See Section 183 TCPA 1990: http://www.legislation.gov.uk/ukpga/1990/8/contents). If you are appealing against an Enforcement Notice it is possible to continue the breach of planning (for example living on the land, or laying hard standing), until the appeal is decided, but with if a stop notice is issued as well as the Enforcement Notice then the activities listed on the notices must stop immediately. You cannot appeal against a Stop Notice but it’s sometimes possible to challenge them by way of judicial review.

    Temporary Stop Notices

    A LPA can issue you with a Temporary Stop Notice (See Section 171E TCPA 1990: http://www.legislation.gov.uk/ukpga/1990/8/contents) which doesn’t require the issuing of an Enforcement Notice, which requires you to stop the breach of planning for 28 days. However, this does not prohibit the use of a caravan as your residence, unless it is of compelling public interest, such as it being a serious traffic hazard.

    Injunctions

    A LPA may also seek an injunction to remedy a breach of planning control (Section 187B of the TCPA 1990: http://www.legislation.gov.uk/ukpga/1990/8/contents), meaning that you will be banned from living on the land. You are able to appeal against an Injunction and 4 Gypsy families did this in the notable case South Buckinghamshire District Council v Porter (after Injunctions were sought to make the families move off the land as they had no planning permission).
    All the appeals were won, and in the ruling Simon Brown LJ stated that a judge:

    should not grant injunctive relief unless he would be prepared if necessary to contemplate committing the defendant to prison for breach of the order, and that he would not be of this mind unless he had considered for himself all questions of hardship for the defendant and his family if required to move, necessarily including therefore, the availability of suitable alternative sites.

    If you face any form of planning enforcement then it is important to act quickly, either contact your planner, Planning Aid (http://www.rtpi.org.uk/planningaid); the Travellers Advice Team 0845 1202980/0121 6858595; or ring FFT 01273 234777.

    FFT have a list of planners experienced in doing planning applications and appeals for Gypsies and Travellers. Download as PDF here.

    For general information about the planning system and Travellers, read our Guide to Planning.