One of the biggest factors to consider when owning a commercial property, is whether you can legally carry out the business that you intend to from that property. On the surface, it may seem unfair and overbearing that you need permission from the Local Authority to use a property that you own, as you see fit. However, there are potentially costly consequences if you do so.
As a firm, Oliver & Co are based in the scenic, historic town of Chester. If there were no rules with regards to planning permission, historic buildings could be demolished, changed or redeveloped in ways that are unsafe, unattractive, and unfit for the local community. Not to mention the history that could potentially be lost and destroyed. Local Authorities are therefore granted certain powers when dealing with breaches of planning laws.
What action can be taken against me?
A Local Authority could take enforcement action, which can vary from negotiating amendments to works carried out, tearing down developments or ordering the rebuild of demolished properties to exact specifications, brick-by-brick, at the individual’s or company’s own expense.
When will Local Authorities enforce a planning order?
There are several different scenarios when a Local Authority will decide to enforce a planning order, these can range from:
- Works carried out that are not in line with the planning permission granted;
- Works carried out in the absence of planning permission;
- A property being used without the correct use classification.
Time limits for enforcement action
Should a Local Authority wish to take enforcement action, they will need to do so within 4 years in respect of the construction of a buildings or within 10 years with regards to changes of use and breaches of planning conditions.
However, there are no time limits in respect of enforcement action concerning listed buildings.
Oliver & Co’s Commercial Property solicitors have a wealth of experience in planning enforcement. Contact us for further advice to ensure that you don’t fall victim to costly planning enforcement action.
