Enforcement & Retrospective Planning

Resolving Unauthorised Development

Enforcement action can arise from development carried out without planning permission, from breach of planning conditions, or from changes of use that require consent. Local authorities have a range of enforcement tools available, from a Planning Contravention Notice (which requests information) through to a formal Enforcement Notice requiring the breach to be remedied, and in serious cases an Injunction. Understanding which tool is being used and what options are available is the first priority in any enforcement situation.

DMC Planning provides immediate, practical advice to clients facing enforcement action or seeking to regularise existing development. Our approach depends on the specific circumstances: in many cases, a retrospective planning application is the fastest route to resolution; in others, a Certificate of Lawful Use based on the four- or ten-year rules provides a simpler solution. Where enforcement notices are served, we assess the grounds of appeal and advise on the prospects of success before committing to a procedurally complex appeal process.

What We Do

• Enforcement Notice Analysis

  We review enforcement notices carefully upon receipt, assessing the grounds on which the notice has been issued, any drafting defects, and the full range of options available to the recipient before any appeal period expires.

• Retrospective Planning Applications

  Where development without permission would likely have been approved if applied for in advance, we submit retrospective applications making the full planning policy case for the scheme on its merits.

• Certificate of Lawful Use Applications

  Where the four-year or ten-year immunity rules apply, we gather evidence of continuous use or development and prepare applications for Certificates of Lawful Existing Use or Development (CLEUD) to establish lawfulness formally.

• Breach of Condition Notices

  We advise clients who have received Breach of Condition Notices on the most efficient means of compliance, and where appropriate challenge the basis on which the condition was imposed or the notice issued.

• Planning Contravention Notice Responses

  We advise clients on responding to Planning Contravention Notices, ensuring that responses are accurate, appropriately worded, and do not inadvertently prejudice the client's position in any subsequent enforcement or appeal proceedings.

• Strategic Enforcement Appeal

  Where enforcement notices are served and the grounds of appeal are strong, we prepare and present enforcement appeals to the Planning Inspectorate, challenging the notice on factual, legal, and planning policy grounds.

Our Enforcement Resolution Process

We begin with a rapid assessment of the enforcement situation, reviewing the notice (if served), the planning history of the site, and any available immunity arguments. We advise on the most cost-effective resolution strategy and implement it promptly, whether that is submitting a retrospective application, preparing a certificate of lawful use, or mounting an appeal. Throughout, we maintain dialogue with the enforcement officer to manage the process constructively.

Time is often of the essence in enforcement situations, particularly where an appeal period is running or where compliance with a notice has been required by a specific date. Our team mobilises quickly, providing clear advice and immediate action to protect the client's position. We have extensive experience navigating enforcement situations across all London boroughs, including those with particularly active enforcement teams.

Frequently Asked Questions