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Enforcement by Local Planning Authority

Local planning authorities (LPAs) have powers to enforce breaches of planning law. LPAs can enforce breaches by way of enforcement notices,  breach of condition notices or enforcement warning notices.

LPAs have the power to decline to determine retrospective planning applications for developments that are subject to an enforcement notice.

An LPA may also issue a stop notice to stop a development or activity being carried out in breach of planning control. A stop notice can only be served after or at the same time as an enforcement notice is served and before the enforcement notice takes effect.

The Welsh Minsters have reserve powers to issue an enforcement notice or stop notice with the same effect as a notice issued by an LPA.

Where an appeal against an enforcement notice is made to the Welsh Ministers, the Welsh Ministers may grant planning permission as an alternative to upholding the enforcement notice.

If an LPA considers that a breach of planning control is sufficiently serious, it may apply to the Courts for an injunction.

Published on
Last updated
30 June 2021