Apply to withdraw an enforcement notice
You may apply for the withdrawal of an extant enforcement notice where the requirements of the notice have been complied with, or where there are other reasons why the notice is no longer necessary.
Please note that the withdrawal of an enforcement notice is entirely at the discretion of the Council. Compliance with the notice does not automatically result in its withdrawal.
The submission of an application does not suspend the effect of an enforcement notice, and all requirements of the notice remain in force unless and until the Council formally withdraws it.
An application fee of £278.70 (including VAT) is required to process your request. The fee is non-refundable, regardless of the outcome.
How are applications considered?
Each application is assessed on its individual merits.
When considering whether to withdraw an enforcement notice, the Council may take into account:
- Whether the requirements of the enforcement notice have been fully complied with
- Whether the breach of planning control has been permanently remedied
- Whether the enforcement notice continues to serve a planning purpose
- Whether there remains a public interest in retaining the notice
- Whether withdrawal could prejudice the proper planning of the area or the Council's ability to take future enforcement action
- Any other material planning considerations relevant to the case
The Council may request additional information or carry out a site inspection before reaching a decision.
How to apply
Applications should be submitted to enforcement.planning@cherwell-dc.gov.uk and must include:
- The enforcement notice reference number and date of issue
- The address of the land or property affected by the notice
- A location plan, where necessary to identify the land
- The applicant's name, postal address, telephone number and email address
- A statement explaining why the notice should be withdrawn
- Any supporting evidence demonstrating compliance with the notice or explaining why it is no longer required
Once received, officers will provide a case reference number for payment purposes. Applications will not be validated or assessed until the required fee has been paid.
What happens next?
Once a valid application has been received, the Council will review the planning and enforcement history of the site and assess the information submitted. A site inspection may be undertaken where necessary.
The Council aims to determine applications within eight weeks of validation. More complex cases may take longer where additional investigations, information or legal advice are required.
You will be notified in writing of the Council's decision and the reasons for that decision.