A planning enforcement notice is an authorized document, which is issued when a planning control breach has been detected. This means that the notice will be issued to those who have performed the development without the appropriate or prior planning permission. If you have received such an enforcement notice, you can lodge a planning enforcement notice appeal against it to claim your rights.
Usually, state councils will issue the notice if they suspect a breach of planning control. The most generally known violation is constructing a building without first getting the permission of the local planning authority. However, you may be in violation for failing to perform a development precisely as revealed in your approved plans, for failing to obey a stipulation applied to a planning sanction, or by changing the use of a part of land or property. The local planning authority will issue an enforcement notice when it is detected that there has been a violation.
The planning enforcement notice will usually include information, such as the nature of the breach and the activities or remedies that are necessary to cease. There are some procedures to lodge the appeal against the notice. The notice will usually include a period for fulfillment during which the receiver should either abide by the notice or lodge an appeal planning enforcement.
The local planning authorities have the power to enter land themselves, as well, to perform the notice provisions if other steps have verified ineffective in getting the land occupier or owner to carry out the notice necessities.
A planning enforcement notice can need you to take some remedial steps within particular time frame that include:
- To change a structure or eliminate it completely
- To restore a demolished building
- To cease an activity that is being performed
However, these steps will mainly count on the violation of planning control the council alleges.
There are also time limits for the councils to serve their enforcement notices. In the case of the building or change of a structure or other building, or the alteration of use of a building to residence, the permitted time limit is four years.
For violation of a planning condition or for any other change of use, the time limit is 10 years.
This material/article is for information only, not legal advice.