Received a Planning Contravention Notice? What to Do Next

The council wants answers. Get them right.

A planning contravention notice is a formal letter from the council asking questions about a building, use or activity on your land. It usually means the council thinks there may have been a breach of planning control. It is not an enforcement notice, but what you say in reply can decide whether one follows.

What the notice can ask

Under section 171C of the Town and Country Planning Act 1990, the council can ask about:

• what operations or uses are taking place on the land, and when they started
• whether any planning conditions are being met
• the names and addresses of anyone else with an interest in the land or involved in the activity

The notice may also offer a time and place to meet the council and discuss applying for permission or stopping the activity.

The 21 day deadline

You must reply in writing. Failing to answer within 21 days of the notice being served is a criminal offence unless you have a reasonable excuse. Giving false or misleading information, knowingly or recklessly, is a separate and more serious offence.

How to answer well

• Answer every question, accurately. Dates matter. If a use has been going on long enough, it may already be lawful.
• Gather your evidence first: dated photos, invoices, records of how the land has been used.
• Think about the next step. Your reply may lead to a retrospective application or a certificate of lawfulness.
• Do not ignore it. Silence makes an enforcement notice more likely.

Our farm planning consultants in Kent and our wider team across the UK deal with these notices.

How Foxes Rural can help

We read the notice, check the planning history and your evidence, and help you prepare an accurate reply. Then we tell you plainly whether to apply, claim the use is lawful or change what is happening on site.