The client instructed counsel following an unannounced visit by a planning enforcement officer to his property, believed to have been prompted by a neighbour’s complaint regarding a recently reconstructed double-storey porch. The client was not present at the time and has received no formal correspondence since. He accepts that the porch was not included in the original planning permission and acknowledges the breach. The client explained that the porch was constructed in good faith, based on a misunderstanding of the approved plans, and that it was built by professionals under the direction of an architect.
The unauthorised porch constitutes a deviation from the approved planning consent and may result in enforcement action. Counsel advised that the breach is recent and not protected by the four-year immunity rule. The client queried whether to await formal action or take pre-emptive steps. Counsel explained that once an Enforcement Notice is issued, it becomes a formal process with limited flexibility. The client also clarified that the porch is located on the side of the building, not the front, and that similar structures exist locally, which may support a retrospective application.
Counsel advised that the client should take pre-emptive steps to mitigate the risk of enforcement. This includes contacting the enforcement officer to open a dialogue and demonstrate willingness to regularise the development. Counsel will not telephone the officer directly but, upon receipt of instructions, will have his clerk send an email confirming representation and requesting a discussion. The aim is to establish whether enforcement is being considered and to propose a constructive resolution. The client will also seek pre-application advice and, if appropriate, submit a retrospective planning application. If permission is refused, an appeal may be pursued. The client will provide the date of the officer’s visit, approved drawings, and photographic evidence of similar local developments to support the application.
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