IMPORTANT NOTE ON RETROSPECTIVE PLANNING APPLICATIONS

The Localism Act 2011 gave local authorities the power to refuse to accept a planning application where there is already an Enforcement Notice (that has not been withdrawn) which covers the same development as the planning application.

However, it is important to remember that this does not apply to Enforcement Notices that pre-date 6th April 2012 (see the Localism Act 2011 (Commencement Number 4 and Transitional Transitory and Saving Provisions) Order 2012).

Please let us know if you have any queries about this.

Simon Ruston, Marc Willers and Chris Johnson

8th August 2013

Simon Ruston is a planning consultant for Gypsies and Travellers and can be contacted at simon@rustonplanning.co.uk

Marc Willers is a barrister and member of the Romani Gypsy and Traveller Team at Garden Court Chambers

Chris Johnson is a solicitor and member of the Travellers Advice Team(TAT) at Community Law Partnership. TAT have a national advice line on 0121 685 8677.