The Enforcement Hierarchy

While many cases begin with a Planning Contravention Notice (PCN), the "Enforcement Notice" is the one that carries the most legal weight and is the most searched term by property owners under fire.

1. The Investigation Stage: The PCN

Planning Contravention Notice (PCN)

The PCN is the council's primary tool for gathering facts. It is not an order to stop work, but a mandatory request for information.

Warning: Failure to reply to a PCN is a criminal offence, often leading to a £5,000 fine.

2. The Regularisation Stage: The Warning Notice

Enforcement Warning Notice (EWN)

Introduced as a formal tool in April 2024, the EWN is a relatively new addition to the council's arsenal.

Purpose: It "invites" you to submit a retrospective planning application.

The Catch: Issuing an EWN officially "stops the clock" on immunity. You cannot claim the 10-year rule later if the council has already issued this warning.

3. The "Main Event": The Enforcement Notice

The Enforcement Notice is the most common formal action taken by UK councils. It is a legal document that specifies:

The Breach

Exactly what you have done wrong.

The Remedy

What you must do to fix it (e.g., demolish a wall, stop a business, or remove a kitchen).

The Compliance Period

How long you have to do it.

Why it's the most searched: Because it is a criminal offence not to comply with it. While you have a Right of Appeal to the Planning Inspectorate, doing so suspends the notice only until the appeal is decided. If you lose, the clock starts ticking again.

4. The "Immediate" Notices: Stop and Temporary Stop

If the council believes your breach is causing "irreparable harm" (e.g., destroying a historic interior or causing severe noise at night), they can move faster:

Temporary Stop Notice (TSN)

Can be served instantly and stops all work for 28 days.

Stop Notice

A more permanent version that can only be issued after an Enforcement Notice and carries no right of appeal.

5. The Condition Check: Breach of Condition Notice (BCN)

If you received planning permission but ignored one of its conditions, the council may issue a BCN instead of a full Enforcement Notice.

Key Feature

The BCN has no right of appeal. Your only defence is to comply or seek a Judicial Review in the High Court (which is expensive and rarely used).

6. The "Nuclear Option": The Injunction

If all else fails, the council can apply to the courts for a Planning Injunction. This is typically reserved for:

Repeat offenders who ignore multiple notices
Cases involving significant harm (e.g., major environmental damage)
Situations where normal enforcement is proving ineffective

Consequence: Breaching a court injunction is contempt of court, which can result in imprisonment or unlimited fines.

Enforcement Notice Summary

Notice Type	Purpose	Right of Appeal?
PCN	Information gathering	N/A
EWN	Invite retrospective application	No
Enforcement Notice	Require remedy of breach	Yes
TSN	Immediate 28-day stop	No
Stop Notice	Permanent stop order	No
BCN	Breach of condition	No
Injunction	Court order to stop/remedy	Via court only

Facing Enforcement Action?

Time is critical when dealing with enforcement notices. Our team can assess your situation, advise on your options, and help you respond effectively to protect your property.

Planning Enforcement Notices: From Investigation to Prosecution