Planning Enforcement
What happens after notices are served?
7.1 The recipient of a Notice will either:
- comply with the Notice (in which case the matter is closed); or
- contest the Notice by way of an appeal to the Secretary of State or challenge in a Court of Law, where this is appropriate.
7.2 Hearing a case on appeal will take time and can often delay proceedings particularly if a public inquiry has to be arranged.
7.3 If the appeal against the Notice does not succeed the formal Notice comes into force, although there can be further challenges to the Authority’s action. If the appeal is successful and/or planning permission is granted, then this is normally the end of the matter.
7.4 If the Notice is upheld or there is no appeal but it is still not complied with, the Authority may then consider prosecuting the perpetrator in the criminal courts.
7.5 We will keep complainants advised of progress at key stages during these proceedings, for example, when an appeal is received or when a case is to be heard in the local Magistrates Court.
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