Failure to comply with a planning enforcement notice is an offence.
event of a breach, you can be prosecuted in the Magistrates Court or Crown Court. Once court action has started we will not necessarily stop the prosecution even if the breach of planning control has been fixed before the case is heard.
This page lists the different kinds of enforcement notice we can issue when a planning breach has occurred.
Enforcement Register lists enforcement notices issued.
Types of notice
Planning Contravention Notice (PCN)
Can be issued where we need to get information in order to find out whether there has been a breach of planning control.
Breach of Condition Notice (BCN)
Can be issued where there has been a breach of, or non-compliance with, a planning condition. There is no right of appeal against this notice.
Can be issued where there has been a breach of planning control and we consider it desirable to take action. The notice will state what is required to be done and by when. There is a right of appeal against a notice.
Temporary Stop Notice
This notice is issued to stop unauthorised development or use immediately, for a period of 28 days. During this time the impact of the development can be assessed and consideration given to issuing a formal enforcement notice.
It is usually used as an emergency measure to stop development that poses immediate harm to local amenities.
Can be issued with or after an enforcement notice, if we think it is urgent that activity stops until an appeal against an enforcement notice is decided.
Section 215 Notice (Harm to amenity)
If we think the condition of land or building affects local amenities we can issue this notice to the owners and occupiers to tidy up the land. This notice can only be appealed in a magistrate's court.
London Borough of Merton
Merton Civic Centre
Tel: 020 8545 3111