Planning enforcement

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 circumstances that mean the notice is no longer necessary.

Please note that the withdrawal of an enforcement notice is entirely at the discretion of the Council. Making an application, including where the requirements of the notice have been fully complied with, does not guarantee that the notice will be withdrawn.

An application fee of £278.70 (inc. VAT) is required to process your application. The fee is non-refundable, regardless of the outcome of the application.

How are withdrawal requests 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 further information or undertake a site inspection before reaching a decision.

How to apply

Applications should be submitted by email to enforcement.planning@cherwell-dc.gov.uk.  Your application should include:

•  The enforcement notice reference number and date of issue.
• The address of the land or property affected by the notice.
• A location plan, if the site address is not sufficient 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• A statement explaining why the notice should be withdrawn.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.

On receipt of your application, officers will provide you with a unique case reference number, which should be used when paying the application fee. Applications will not be validated or considered until the required fee has been paid.

What happens next?

Once your application has been validated, the Council will assess the request and review the planning enforcement history of the site. A site inspection may be carried out where necessary.

The Council aims to determine applications to withdraw an enforcement notice within 8 weeks of receiving a valid application. However, more complex cases may take longer where additional information, investigations or legal advice are required.

You will be notified in writing of the Council's decision and the reasons for that decision.