Glossary
Enforcement notices and how London councils use them
A council order requiring breach of planning control to be remedied. Failure to comply is a criminal offence.
A council order requiring breach of planning control to be remedied. Failure to comply is a criminal offence.
An enforcement notice is the formal instrument a council uses to require a breach of planning control to be put right. It must specify the breach, the steps required and a compliance period, and it takes effect at least 28 days after service unless an appeal is lodged, which suspends it.
The Levelling-up and Regeneration Act 2023 moved England to a single ten-year immunity period for most breaches occurring after 25 April 2024. Before that date, operational development and change of use to a single dwellinghouse became immune after four years, and other breaches after ten.
Immunity is not the same as lawfulness. A Lawful Development Certificate for existing use is the document that converts time-served immunity into something a buyer's solicitor will accept.
Appeal to the Planning Inspectorate before the notice takes effect, on any of the grounds in section 174 — including that permission ought to be granted, that the breach did not occur, that immunity has been acquired, or that the compliance period is too short. Or comply. Or apply retrospectively, though that does not suspend the notice.
Ignoring a notice that has taken effect is a criminal offence, prosecutable in the magistrates court with an unlimited fine on indictment.
A planning contravention notice requires information about the use of land. A stop notice or temporary stop notice halts activity immediately. A breach of condition notice deals specifically with an unmet condition and carries no right of appeal to the Inspectorate.
How enforcement notice plays out in Tower Hamlets: London Borough of Tower Hamlets (Tower Hamlets Council) maintains 58 conservation areas, the Spitalfields Conservation Area and the Whitechapel Market Conservation Area among them, and an Article 4 direction is in force there, so permitted development cannot be assumed. Anyone dealing with enforcement notice at a Tower Hamlets address is therefore working to a £548 householder application decided in 8 weeks, or a £249 prior approval over 6 weeks where enforcement notice still qualifies.
| Immunity, breaches after 25 April 2024 | 10 years for all breaches |
|---|---|
| Immunity, earlier operational development | 4 years |
| Minimum period before it takes effect | 28 days |
| Appeal route | Planning Inspectorate, section 174 grounds |
| Non-compliance | Criminal offence, unlimited fine on indictment |
| Retrospective application | Does not suspend the notice |
No. It can resolve the underlying breach but the notice stands until withdrawn or quashed.
For breaches from 25 April 2024, yes — England now uses a single ten-year period.
No. The appeal must be lodged before the effective date.
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