Author Topic: Do Enforcement Notices expire (Read 1262 times)

minifarmer · « **on:** May 22, 2019, 05:49:37 pm »

Looking for a bit of advice regarding Enforcement Notices. I have a bit of history with my LPA and am currently looking to either apply for planning or sell part of my land, I know an outstanding Enforcement Notice is likely to cause problems with either option.
I obtained planning permission for a storage/shipping container in 2013 but for various reasons decided to change its location from the permission granted. I was initially issued a breach of control notice, later followed by an Enforcement Notice. I was in communication with the Council until 2014 regarding the Enforcement Notice but have had no contact or further action since.
My question is; does an enforcement notice ever expire, become unenforceable or could the case just have been closed? Would the LPA still be able to enforce this after such a long time?
Thanks in advance for any help.

mart6 · « **Reply #1 on:** May 22, 2019, 07:25:12 pm »

Enforcement notices stay forever if issued and not contested ,check on local council register
A enforcement notice does not prevent lawful siteing of a container in future

minifarmer · « **Reply #2 on:** May 22, 2019, 08:02:53 pm »

Thanks very much for the reply, was hoping that wouldn’t be the case. Is an enforcement register something that could be found online? Id rather not be phoning up drawing attention to myself if it could be helped.

mart6 · « **Reply #3 on:** May 22, 2019, 10:31:15 pm »

Dont think they put them online my local council dont
Did they serve you with a enforcement notice ?
Normally if they do and you dont rectify things they follow through with court action, i would of thought
you would of heard something
Or did they just say they would serve one and fail to follow through ?

doganjo · « **Reply #4 on:** May 24, 2019, 04:58:21 pm »

You need to look at the last communication you had from them - whether on paper or by email - and read through it carefully to see what they say.

I would guess that if you put the container back where it was sited in the original drawings, then the enforcement would be lifted. But you would need to let them know that had been done, and ask for ithe enforcement to be removed, and confirmation sent to you.

An enforcement notice is an actionable legal document.