Contributed By Hawkins Hatton Corporate Lawyers Ltd
If an LPA considers that planning has been carried out in breach of the terms of the planning permission then an enforcement notice will be issued. This notice will identify the breach and stipulate what steps the LPA intends to take. Failure to comply with an enforcement notice could result in a fine. Alternatively, a breach of condition notice can be given as an alternative to an enforcement notice and the developer is required to remedy the breach of condition.
During the course of the development the LPA will undertake site visits to inspect compliance with building regulations. Failure to comply can result in enforcement action in the form of either a prosecution or additionally an enforcement notice requiring the alteration or removal of work which contravenes the regulations. If the owner does not comply with the notice, the local authority has the power to undertake the work itself and recover the costs of doing so from the owner.