Charles Holt (Lincoln)

Enforcement of anything sounds very draconian, and in planning cases it can indeed be so. However, it need not end in a forced return to the ‘status quo ante’ (i.e., what was originally in place, or perhaps a green field site).

It is likely that you will be starting off on the back foot, if you have had a visit from an enforcement officer from the local authority’s planning department, or if you are in receipt of a PCN. So, it’s best not to get into the position where this could happen.

This is especially the case if you are not on good terms with all your neighbours. This is because, in my experience, many enforcement cases start from a report from an unhappy neighbour. You must respond to the PCN within 21 days. Penalties for failure to do so can be severe.

That is exactly what happened to a new client of mine. They had installed a (very swish) mobile home on their small farm, really out of ignorance of the planning rules. A neighbour reported them, and the enforcement officer visited. However, what was different in this case is that the enforcement officer and I had met before (on a completely different case), and because he felt the case maybe deserved sympathetic treatment, he gave the client my contact details.

I was amazed to be introduced to a new client like this…… by a planning enforcement officer.

Fast forward to some months later, and much work to justify the case, and to confirm it all to the planning officers, and we seemed to be getting somewhere.

Interestingly, the enforcement team and the planning team may sit under the same overall manager within a local planning authority, but they may well disagree with each other’s decisions. That is the situation here, and it took a lot of persuasion for the officers to grant a temporary permission (for three years) for the agricultural dwelling to stay.

This gives the applicant a good chance to ensure their business is stable, sound and profitable, before we go back and apply for a permanent dwelling in three years’ time.

I would never advise you start from where this client did, but enforcement need not be the end of the road. We still have much work to do on this case, but at least the clients can stay on their farm, for now.

Contact Charles at charlesholt@fcgagric.com or your local FCG office on all matters planning.