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Insights // 02 November 2021

Planning Contravention Notices – What Are They?

Partner Karen Jones, in our Planning & Environmental Law team, explains what a Planning Contravention Notice (PCN) is.

Local Planning Authorities (“LPA”) can issue Planning Contravention Notices (“PCN”) under Section 171C of the Town and Country Planning Act 1990 to establish whether any development or other breach of planning control has been carried out on land. A PCN can only be served where it appears that a breach of planning control may have occurred.

Whilst LPAs may serve a PCN ahead of taking formal Enforcement Action they are not under an obligation to do so. A recent appeal decision (APP/W3330/C/21/3275167) confirmed that service of a PCN prior to Enforcement Action was good practice.

PCNs can be served on any person who is the owner or occupier of land or has any other interest in the land or a person who is carrying out operations or using the land. PCNs can be helpful for LPAs to establish the person(s) on which any future Enforcement Notice should be served.

If served with a PCN then a response must be sent to the LPA within 21 days of service.

If no response is submitted the person on which the PCN was served will be guilty of an offence. If convicted, the person is liable to a fine not exceeding level 3 on the standard scale, currently set at £1,000.

Further, it is an offence to make any statements purporting to reply to the PCN which a person knows to be false or materially misleading; or, recklessly makes a statement which is false or materially misleadingly. If successfully prosecuted, the fine shall not exceed level 5 on the standard scale. For offences since 13 March 2015, level 5 fines are now unlimited. For offences before 13 March 2015, the level 5 fine is £5,000.00.

If served with a PCN you should seek legal advice as soon as possible as the responses given will likely impact whether further action is taken by the LPA. Our specialist Planning & Environmental Law team can advise on such matters.

For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800. 

This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.

Karen Jones

Karen Jones

Partner, Planning & Environmental Law

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