Can I appeal against the Council's Planning Enforcement decision?

Enforcement Notice

• Any person who has an enforcement notice served on them has the right of appeal to the Planning Inspectorate's Website (external link).
• The Planning Inspectorate is an independent body based in Bristol. Their main work is the processing of planning and enforcement appeals and other varied casework, including listed building consent appeals, advertisement appeals, and reporting on planning applications called in for decision by the Office of the Deputy Prime Minister.
• An inspector from the Planning Inspectorate will look into the case and decide whether the enforcement notice should be quashed or upheld.
• If the notice is quashed, then the Council can take no further action. The Inspector may, in some circumstances, grant planning permission for the activity that was the subject of the notice.
• If the notice is upheld, then the person must carry out the requirements of the notice, or risk prosecution. Sometimes the Inspector will vary the enforcement notice, for example to allow a longer time to comply with the notice.
• If a person does exercise their right of appeal, then the enforcement notice does not take effect whilst the appeal is being considered. During this time, which may be several months, the Council cannot prosecute for failure to comply with the requirements of the notice.

For further information click on the above link to the Planning Inspectorate's Website to see the publications produced on enforcement appeals or alternatively contact the Enforcement team for a copy of the leaflet entitled "Making your Enforcement Appeal".

Section 215 Notices

• Any person who has a Section 215 Notice served on them has a right of appeal to the Magistrate's Court, on certain grounds. For further advice on such an appeal, please contact your solicitor or a planning agent.

Breach of Condition Notices

• There is no right of appeal against a breach of condition notice and you will risk prosecution if you do not comply with it. The reason for this is that there is a right of appeal against the original imposition of a condition on a planning application.
• The contravention of an injunction is contempt of court and the court can levy an unlimited fine or impose a custodial sentence
• As a last resort, if a person does not or cannot comply with the requirements of an enforcement notice, we can enter the land and undertake work to comply with the notice. The cost is then charged to the landowner / operator, but in many cases would have to be absorbed by the Council in the short term
• Furthermore, there are time limits for taking enforcement action

For further information please contact the Enforcement Team:

Contact Details

Planning Enforcement

Email - planningenforcement@chester.gov.uk

Opening hours - 8.45am - 4.45pm

Phone number - 01244 402538

Fax - 01244 320946

Address - Planning Enforcement, Development Directorate, Chester City Council, The Forum, Chester, CH1 2HS