Planning

Planning Enforcement Notice and Injunctions

Samuel Okoronkwo

Client faces dispute with local council over the construction over land for animals

Facts

The client, a registered keeper of livestock, purchased a field in 2021 which had been subdivided into multiple plots. On their plot, they erected fencing, a greenhouse, a shed, and shelters for chickens and goats, with the intention of creating a green space for family use and agricultural activity. In April 2025, the local authority issued an Enforcement Notice requiring the removal of all structures. The client did not submit a planning application prior to development and missed the statutory deadline to appeal. Counsel, Mr. Samuel Okoronkwo, was instructed to advise on options.

Issues

The client wished to appeal the notice, asserting that the development was lawful and necessary for personal and family wellbeing, including safeguarding two young children—one of whom is autistic—and managing livestock. The client also raised concerns of unequal treatment, noting that a neighbouring plot with similar structures had not been subject to enforcement. A breakdown in communication with previous solicitors contributed to the missed appeal deadline.

Advice and Solution

Counsel advised that the appeal deadline had passed and any late submission would require exceptional justification. While judicial review was discussed, Counsel advised against it due to cost and limited prospects. The client was offered two realistic options: comply with the notice and reapply for planning permission, or submit a late appeal with acknowledgment of its likely rejection. Counsel recommended reflection before proceeding and offered further assistance should the client wish to pursue either route.

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