Planning Casework Service (PCS) logo This service is provided by The Planning Inspectorate.
  Enforcement Notice Appeal Form   Help

help  Introduction

You can use this form to submit an appeal online to The Planning Inspectorate.

You can find help with completing this form by clicking on the Help buttons throughout this form. Information that you must provide is indicated by *.

WARNING: the appeal must be received by the inspectorate before the effective date of the local planning authority's enforcement notice.

You can save the form partially completed and return to it at a later time (see button at the end of the form). Once the form is complete and you submit it, you will be given the opportunity to save a copy of the finished form so you can keep it for your records, and print or e-mail a copy to the local planning authority.


help  AGENT DETAILS (IF ANY)

* Are you an Agent acting on behalf of the appellant(s)?       Yes   No

Please record your name and correspondence details below.

Person Details

* Have you previously submitted a case online?       Yes   No

* Are you acting on behalf of a group or organisation?     Yes   No

e.g. "Owners of Numbers 1-5 High Street", or "Mr and Mrs Smith" or "The executors of Mr Evans estate"
Group or Organisation (if any)

Has the group previously submitted a case online?       Yes   No

Enter the group's name in the field below, then click the button to retrieve the details.
Name  
   

Enter the name of the group in the field below.
Name *

Is the address different from the one entered above?    Yes   No
Address  

You can use our address finder to complete your details quickly or, if you prefer, you can enter your details manually in the fields provided.
Property Name
or Number 		 
Postcode  
Address Line 1 *
Address Line 2  
PO Box  
Town/City *
County  
Postcode *

help  APPELLANT DETAILS

Please record your name and correspondence details below. Correspondence details are not required where an agent is acting for the appellant.

* Do you want to use this form to submit appeals by more than one person (eg Mr and Mrs Smith), with the same address, against the same Enforcement Notice?       Yes   No

Person Details

* Have you previously submitted a case online?       Yes   No

Additional Appellants
2nd Appellant :

* Has the person previously submitted a case online?     Yes  No

* Are you acting on behalf of a group or organisation?     Yes   No

e.g. "Owners of Numbers 1-5 High Street", or "Mr and Mrs Smith" or "The executors of Mr Evans estate"
Group or Organisation (if any)

Has the group previously submitted a case online?       Yes   No

Enter the group's name in the field below, then click the button to retrieve the details.
Name  
   

Enter the name of the group in the field below.
Name *

Is the address different from the one entered above?    Yes   No
Address  

You can use our address finder to complete your details quickly or, if you prefer, you can enter your details manually in the fields provided.
Property Name
or Number 		 
Postcode  
Address Line 1 *
Address Line 2  
PO Box  
Town/City *
County  
Postcode *

help  DETAILS OF THE APPEAL
Name of local planning authority (LPA)

Use our "LPA Finder" to search for the record

 *  
LPA's reference no (if applic)  
Date of issue of enforcement notice *    
Effective date of enforcement notice*    

help  APPEAL SITE ADDRESS

Full Address of the land affected:

Is the address of the affected land the same as the appellant's address?       Yes   No

Does the appeal relate to an existing property ?       Yes   No

You can use our address finder to complete your details quickly or, if you prefer, you can enter your details manually in the fields provided.
Property Name
or Number 		 
Postcode  
Address Line 1 *
Address Line 2  
PO Box  
Town/City  
County  
Postcode
(or that of nearest property to site) 		*

If you have used our Address Finder to find the address, the grid reference will have been filled in for you automatically.

If you do not know the grid reference, you can use our Grid Reference Finder to locate it. Click the map button. You can drill down using the 'zoom in' feature until you get to the site. You can then use the 'select' feature and the grid reference boxes will be filled in for you.
Grid Reference *
Easting
  		 Northing

Are there any health and safety issues at, or near, the site which the Inspector would need to take into account when visiting the site? *      Yes   No

Please attach a description of the health and safety issues.
To follow
  And / Or
Attached below:
* What is your/the appellant's interest in the land?
owner
tenant
mortgagee
none of the above

Did you/the appellant occupy the land under a written or oral licence BOTH on the date the enforcement notice was issued AND on the date of making this appeal? *      Yes   No

What is your/the appellant's involvement with the land?       


help  GROUNDS AND FACTS

Please select which of the following grounds of appeal apply to your case and give the facts in support of each ground chosen.

* Do you intend to submit a Planning Obligation (a section 106 Agreement or a Unilateral Undertaking) with this appeal?

Yes  No

* You must select at least one ground and supply facts in support of it.


(a) That planning permission should be granted for what is alleged in the notice.
Section 174(2)(a) of the Town and Country Planning Act says “that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged”.

The facts are set out in: the box below, in the attached document
To follow
  And / Or
Attached below:

(b) That the breach of control alleged in the enforcement notice has not occurred as a matter of fact.
Section 174(2)(b) says “that those matters have not occurred”.

The facts are set out in: the box below, in the attached document
To follow
  And / Or
Attached below:

(c) That there has not been a breach of planning control (for example because permission has already been granted, or it is “permitted development”).
Section 174(2)(c) says “that those matters (if they occurred) do not constitute a breach of planning control”.

The facts are set out in: the box below, in the attached document
To follow
  And / Or
Attached below:

(d) That, at the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice.
Section 174(2)(d) says “that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters”.
Please note that if you choose ground (d) an inquiry will normally be necessary.

The facts are set out in: the box below, in the attached document
To follow
  And / Or
Attached below:

(e) The notice was not properly served on everyone with an interest in the land.
Section 174(2)(e) says “that copies of the enforcement notice were not served as required by section 172”.

The facts are set out in: the box below, in the attached document
To follow
  And / Or
Attached below:

(f) The steps required to comply with the requirements of the notice are excessive, and lesser steps would overcome the objections.
Please state how you think the requirements should be varied.
Section 174(2)(f) says “that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach”.

The facts are set out in: the box below, in the attached document
To follow
  And / Or
Attached below:

(g) The time given to comply with the notice is too short.
Please state what you consider to be a reasonable compliance period, and why.
Section 174(2)(g) says “that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed”.

The facts are set out in: the box below, in the attached document
To follow
  And / Or
Attached below:

help  CHOICE OF PROCEDURE

There are three different procedures that the appeal could follow. Please select one.

Appeals dealt with by written representations are usually decided more quickly than by other methods.

Please note that when we decide how the appeal will proceed, we take the local planning authority's views into account.
 1. WRITTEN REPRESENTATIONS

(a) Could the Inspector see the relevant parts of the appeal site sufficiently to judge the proposal from public land?   Yes   No

(b) Is it essential for the Inspector to enter the site to check measurements or other relevant facts?   Yes   No

If the answer to 1b is 'yes' please explain:
 2. HEARING

Is there any further information relevant to the hearing which you need to tell us about?   Yes   No

Please explain the relevant information below
 3. INQUIRY

(a) How long do you estimate the inquiry will last?
(Note: We will take this into consideration, but please bear in mind that our estimate will also be informed by others' advice and our own assessment.)

(b) How many witnesses do you intend to call?

(c) Is there any further information relevant to the inquiry which you need to tell us about?    Yes    No

If so, please explain the relevant information below

help  SENDING THE FEE FOR THE DEEMED PLANNING APPLICATION

1. Has the appellant applied for planning permission and paid the appropriate fee for the same development as in the enforcement notice?       Yes   No

IF YES PLEASE STATE
a) the date of the relevant application     
b) the date of the LPA's decision (if any)     

2. Are there any planning reasons why a fee should not be paid for this appeal?        Yes   No

If YES, please provide details.

You can enter the reasons in the space provided, or attach a separate document. Please indicate your preference below

In the box below    In the attached document   

To follow
  And / Or
Attached below:

If No, and you have pleaded ground (a) to have the deemed planning application considered as part of your appeal, you must pay the fee shown in the explanatory note accompanying your Enforcement Notice.

help  OTHER APPEALS

* Have you sent other appeals to us for this or nearby sites that have not been decided?       Yes   No

If yes, please give details, including our reference number, if known.

help  OTHER DOCUMENTS

* Please send a copy of the enforcement notice and plan.

You can attach any of the required documents that you have in electronic form. Any documents that you do not have in electronic form can be sent to us by post together with the name of the appellant and site address.

Please use the brief description field below to describe the document that you are sending, so we can clearly identify each document sent to us. For example - Notice dated 12 Mar 2004.

Enforcement Notice:
To follow
  And / Or
Attached below:
Plan:
To follow
  And / Or
Attached below:

help  CONFIRMATION

* I confirm that all sections of this form have been fully completed and that the details are correct to the best of my knowledge. I confirm that I will send a copy of this appeal form and all supporting documents to the local planning authority today.

help  Save

You can save your (partially) completed form using the Save facility here. If you have attached any documents to this form, they will not be saved by this process. Neither will the brief descriptions that go with them. You should ensure that you remember to re-attach them and re-type the descriptions when you resume working with this form.

When you use this facility, a separate page will be displayed. You will need to save the page onto your computer using the facilities of your browser. The save is not automatic.

When you want to resume working with this form, find the file for the saved page and open it in your browser. You can then click on the 'Resume appeal' button to continue with the form.

help  Submit

The gathering and subsequent processing of the personal data supplied by you in this form, is in accordance with the terms of our registration (Reg No: E311018) under the Data Protection Act 1998. Further information about our Data Protection policy can be found on our Website under "Privacy Statement".

Before you submit this form, please check it thoroughly.

When you submit this form, it will be checked to ensure that you have answered all the compulsory questions. If you have not, the system will tell you and take you to the right place in the form.

Important: When you submit this form, we will check any attachments to it to see if there are any technical problems with them. If we find any, the whole form will be rejected.

Once the form has been validated, a 'file download' box will be displayed and you will be presented with the opportunity to open or save a PDF copy of the completed form.

A confirmation of receipt screen will also be displayed.

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