Tackling planning issues
The problem
You've found the perfect country house and converted it into a hotel. You've added a new conservatory at the back and you're looking forward to receiving your first paying guests today. That is until you pick up your post and spot some official-looking notices from the local planning authority. One instructs you to remove your new conservatory within three months. Another tells you to stop using your property as a hotel - within three days.
Expert Advice
Don't waste time. Get in touch with a solicitor or planning expert as soon as possible to discuss your options.
In the case of the conservatory, an enforcement notice can't take effect until at least 28 days after it is served on you, and you can appeal during this period. You may be able to appeal on the basis that planning permission ought to be granted for the conservatory. Or, you could challenge the notice if the local planning authority hasn't complied with certain technical rules relating to time limits, the content of the notice or the way it has been served.
As for objections to using the house as a hotel, you can't appeal against a stop notice. And if you don't comply, you will be committing an offence and may face a hefty fine.
However, the stop notice must be accompanied by an enforcement notice relating to the change of use. So, you may be able to appeal against the enforcement notice in the same way as for the conservatory. If you're successful in your appeal against the enforcement notice, the stop notice will cease to apply. Until then, you won't be able to operate as a hotel.
My advice? Avoid getting into this situation in the first place by thinking about planning issues early on. Most local authorities have details on the planning policies for their area on their website, as well as planning application forms. You can also find out whether the building is listed or in a conservation area, in which case you may need other consents.
Take expert advice on your plans for the property, even before you've bought it. You don't need to own a property to apply for permission - and you could make your contract to buy the property conditional on getting the permissions you need.
The law
The basic rule is that planning permission is required for any development. In planning terms, "development" has two meanings:
* It includes the more obvious category of building and engineering works, including rebuilding, making structural alterations or additions to a property or demolition works. Constructing a conservatory would fall into this category.
* It also includes making a material change in the use of land or buildings. Changing from a private home to a hotel is a material change and requires planning permission.
You don't generally need to get planning permission for works that affect just the interior of a building. Other consents might be needed if, for example, the building is listed.
To make sure the planning rules are complied with, local planning authorities have wide powers of enforcement. They can serve an enforcement notice requiring the offending structure to be removed or a new use to cease after a month. If they want a quick response, they can serve a stop notice and enforcement notice, requiring action within days.
Check list
* It's never too early to seek expert advice. Find out what planning permissions you will need and get your applications in as early as possible to avoid later problems.
* You don't just need planning permission for building works. You also need it for making a material change of use of the property.
* If you receive a notice from the local planning authority alleging that you've broken the rules, don't ignore it. There are strict time limits that you must adhere to if you want to appeal.
Beware!
Failure to comply with an enforcement notice or a stop notice is an offence. You could face a fine of up to £20,000 on summary conviction or, on indictment, an unlimited fine.
When deciding on the amount of the fine, the court will take into account any financial benefit the offending party may have gained by failing to comply with the notice.
Contacts
Tessa Osborn at Lewis Silkin solicitors 12 Gough Square, London EC4A 3DW
tessa.osborn@lewissilkin.com
A list of local authority websites can be found at www.tagish.co.uk/tagish/links/localgov.htm
