PART 4ENFORCEMENT

Enforcement warning notices

119Power of planning authority to issue enforcement warning notice

(1)

A planning authority may issue an enforcement warning notice if it considers—

(a)

that there has been a breach of planning control in respect of any land in its area, and

(b)

that there is a reasonable prospect that planning permission would be granted if an application for permission were made in respect of the development concerned.

(2)

In considering whether there is a reasonable prospect that planning permission would be granted, a planning authority must—

(a)

have regard to the development plan for its area and any other relevant considerations, and

(b)

make its decision in accordance with the development plan unless other relevant considerations indicate otherwise.

(3)

An enforcement warning notice must—

(a)

specify the matters that the authority considers to constitute the breach of planning control, and

(b)

state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken.

(4)

The authority must serve a copy of the notice on—

(a)

every owner and occupier of the land to which it relates, and

(b)

any other person who has an interest in the land, if the authority considers that the person’s interest would be materially affected by taking further enforcement action.

(5)

A planning authority may not issue more than one enforcement warning notice in respect of the same breach of planning control.

(6)

The issue of an enforcement warning notice does not limit any other power exercisable in respect of a breach of planning control.