OUr Expertise
Enforcement and Stop Notices
Planning enforcement action can threaten building works, the use of your property or the operation of your business. Mercantile Barristers advises landowners, developers, businesses and homeowners facing alleged breaches of planning control. We help you understand what the council is requiring and whether its action can be challenged.
Responding to an enforcement notice
We examine the alleged breach, the planning history and the steps required by the notice. Our barristers advise on available grounds of appeal, including whether a breach has occurred, whether the development is lawful and whether the requirements or compliance period can be challenged. We prepare appeal submissions and provide representation at hearings and inquiries.
Stop notices and urgent restrictions
A stop notice or temporary stop notice may require specified activities to cease at short notice. We advise on its effect, the available response and any urgent court application that may be appropriate. Different notices have different procedures: an appeal against an enforcement notice does not itself suspend a related stop notice.
Finding a workable resolution
Where appropriate, we advise on discussions with the council, changes to the development, an application for planning permission or evidence supporting a lawful development certificate. We assess these options against the enforcement position, helping you decide whether to contest the action or pursue a practical resolution. We also advise on threatened prosecution and injunction proceedings.
Protecting your appeal rights
An enforcement notice appeal must be received before the notice takes effect. Send us the complete notice, including its plans and accompanying correspondence, as soon as possible. Do not assume that negotiations with the council extend a deadline or remove an obligation to comply.
Get advice on planning enforcement action
Contact our clerking team on 020 3034 0077 or email enquiries@mercantilebarristers.com with a brief outline of your matter and any relevant deadline. We will explain the next steps and proposed fees.
How Our Process Works
Instructing our direct access barristers is the cost effective alternative to the traditional route of engaging a solicitor first. The process is just as straightforward. Here’s how the process works:
You Have a Legal Problem?
We Have the Barrister for You.
Initial Consultation
In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.
