There are seven statutory grounds of appeal against an Enforcement Notice; these are:
- That planning permission ought to be granted, or the condition or limitation should be discharged;
- That the alleged breach of planning control has not occurred;
- That the matters alleged (if they occurred) do not constitute a breach of planning control;
- At the date that the Enforcement Notice was issued, no enforcement action could be taken;
- Copies of the Enforcement Notice were not served in accordance with the Statutory Requirements;
- The steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary either to remedy any breach of planning control or to remedy any injury to amenity which has been caused by any such breach; and/or,
- Any period specified in the notice falls short of what should reasonably be allowed.
Visit the government website for further guidance on the appeal of an enforcement notice.