Where a planning enforcement notice has been served and not complied with it is not a defence to challenge the validity of the enforcement notice at proceedings brought for non-compliance. There is a large body of case law to support this proposition and it is settled law.

UPDATED FOR 2025. Local councils issue thousands of planning enforcement notices every month. Often these are in respect of matters which are highly contentious between business and homeowners and the council. What is not commonly known is that a breach of compliance with an enforcement notice..

Specialist overview of prosecutions under the Ancient Monuments and Archaeological Areas Act 1979, including defences, liability and sentencing risks.