Planning Contravention Notice: How to Respond Within 21 Days

A Planning Contravention Notice is a formal request for information about a suspected planning breach. In England, you generally need to comply within 21 days beginning with the day of service. It does not itself order demolition or stop a use, but failing to respond can be a criminal offence.

Your response may determine what happens next. An accurate account can resolve a misunderstanding; guessed dates and unanswered questions can make matters harder. The notice does not prove the council's suspicions are correct.

What should you do today?

1. Save the whole notice. Include its covering letter, plan, questions, attachments, envelope and email details.

2. Establish the service date and calculate the deadline. Do not use the date you happened to open the envelope without checking.

3. List every question. Create a working response against each numbered request.

4. Gather the records. Find permissions, photographs, invoices, tenancy documents, booking records or business information relevant to what is asked.

5. Separate facts from assumptions. Identify anything you need to verify rather than filling a gap with a convenient guess.

6. Arrange advice early if the history is complicated. A late instruction leaves less time to investigate and respond accurately.

For the wider process, see our guide to planning enforcement letters and notices.

What is a Planning Contravention Notice?

A Planning Contravention Notice, often shortened to PCN, is issued under section 171C of the Town and Country Planning Act 1990 . It is not a parking Penalty Charge Notice.

It can be served where a local planning authority considers that a planning breach may have occurred. Its purpose is to obtain information about matters such as building operations, activities, uses and compliance with planning conditions.

Questions might concern when work began, how a building is used, who operates a business, the people with an interest in the land or the permission relied upon. The information must be provided in writing.

The notice may also offer a meeting at which you can make representations or discuss a possible remedy. Attending a meeting does not replace the requirement to answer the statutory questions in writing.

Has the council already decided you are in the wrong?

Not necessarily. A PCN is an investigative tool. The council may have a complaint, photographs or information that needs checking.

Your permission might cover the activity, or the allegation might concern the wrong building. Alternatively, there may be a genuine breach. Concentrate on the facts and planning position.

Government guidance on Planning Contravention Notices says the procedure should not be used simply as a general investigative trawl. If the notice appears unrelated to any suspected planning breach or requests information outside the power, obtain advice promptly; that concern does not justify silently ignoring it.

How is the 21-day period calculated?

Section 171D makes non-compliance an offence after a period of 21 days beginning with the day of service. These are calendar days, not 21 working days.

For example, assuming legally effective service occurs on 1 October, day one is 1 October and day 21 is 21 October. The response should be with the council within that period. Do not treat 22 October as an extra response day or assume a weekend automatically moves the deadline.

The service position can require advice, particularly with postal delivery, several recipients or documents sent to an old address. An issue date, posting date, service date and the date someone reads the notice are not necessarily identical.

Check the response and retain it with evidence of delivery.

What if you need longer?

Contact the council immediately, explain the difficulty and obtain advice on the statutory obligation. The 21-day period is set by law; an informal agreement to discuss the case later should not be treated as extending it.

Provide the required information accurately and promptly. If a particular answer cannot be established, explain the position and the enquiries made. Sending a partial response is not a guarantee that you have complied with every requirement.

How should you answer the questions?

Use a numbered response that follows the notice. Keep descriptions factual and attach clearly labelled evidence where it assists the answer.

For a building, distinguish construction starting, substantial completion and first use. For a business, distinguish occasional storage, regular deliveries, employees working on site and customer visits. Those facts may carry different planning implications.

Avoid both exaggeration and understatement. Describing daily commercial activity as occasional domestic use can create a serious problem if the records show otherwise. Equally, do not label something an unlawful business use merely because the council has used that phrase in its question.

What if you genuinely do not know?

Say so accurately, explain why and make reasonable enquiries. You might identify the period during which you owned the property, provide records within your possession and explain that earlier dates are not within your knowledge.

Do not convert an estimate into a precise date. If a recollection is approximate, describe it as approximate and explain its basis. “Unknown” should not become a blanket answer where relevant information can reasonably be found.

Where answers could expose you to criminal proceedings, obtain advice from an appropriately experienced solicitor before responding. The answer is timely legal advice, not a false statement or missed deadline.

Three worked examples

These scenarios are hypothetical. They illustrate the approach and are not accounts of Fellpath clients.

Example 1: a garage used for a small business

A PCN asks about deliveries, employees and customer visits. It is effectively served on 1 October, so the assumed 21-day period ends on 21 October.

The owner initially wants to answer, “It is just my garage.” That does not address the questions. A better preparation exercise checks delivery records, working arrangements, photographs and any permissions, then answers each point accurately.

Whether the activity amounts to a material change of use is a separate planning judgment. The description should not be shaped to force a preferred conclusion.

Example 2: an annexe with several different uses

A garden building was completed in 2018. A family member used it from 2019, and paying guests began staying in 2024. A PCN asks when the accommodation use started.

Answering simply “2018” would confuse construction with later uses. The response should explain the chronology, facilities, occupation arrangements and records relevant to the question.

The building's age does not settle whether a more recent use is lawful. Before claiming immunity or making a retrospective application, the facts and available routes need assessment.

Example 3: a recently purchased workshop

A buyer receives a PCN about historic activities on 5 November. Assuming effective service that day, day 21 is 25 November.

The buyer should provide the information held, identify the acquisition date and promptly check the sale papers and relevant records. Information obtained from a previous owner should be attributed rather than presented as personal knowledge.

Remaining gaps need an accurate explanation and advice before the deadline; waiting for someone else is not a reason to leave the form unanswered.

Does a PCN require work or a business to stop?

The PCN itself does not impose a stop requirement. However, it does not authorise the activity or prevent the council using other powers.

Read everything received. A Temporary Stop Notice, Stop Notice, Enforcement Notice or court order served alongside it may require a separate and urgent response. Each has its own legal effect.

Even without another notice, continuing disputed work could increase the cost of a later remedy. Consider whether pausing voluntarily makes practical sense while the planning position is checked; that depends on the facts, safety and the business or household consequences.

Can you appeal against it?

There is no ordinary Planning Inspectorate appeal against a PCN. If you believe it is unlawful, seek specialist legal advice about the appropriate challenge and timing. A complaint to the council is not a substitute for compliance or a legal remedy.

The council is also not required to serve a PCN before taking other enforcement action. It is one investigative option, not a compulsory first stage in every case.

What are the consequences of getting it wrong?

Failing to comply within the statutory period can be an offence. Knowingly or recklessly providing materially false or misleading information is a separate offence under section 171D. The legislation provides a reasonable-excuse defence for non-compliance, but its application depends on the evidence.

An honest error is not automatically the same as deliberately or recklessly misleading the council. Nevertheless, correct a discovered error promptly, clearly and with advice where necessary. Preserve the original response and explain the correction rather than quietly changing the record.

What might happen after you respond?

The council might ask further questions, arrange an inspection, conclude there is no breach, consider an application or take formal action. Returning the form does not guarantee closure, and silence does not confirm permission.

If an application is suggested, first establish whether it is needed and whether it supports the overall strategy. Our [retrospective planning permission guide] explains why applying immediately is not always the best first move.

Do you need professional help, and what does it cost?

You may be able to answer a straightforward notice yourself where the facts are clear and the records are complete. Advice becomes particularly valuable where the history is disputed, dates may affect lawfulness, several uses overlap or the business or home is at risk.

Fellpath's standard consultancy rate is £175 per hour, with any applicable VAT and expenses confirmed in the written fee proposal. The time needed depends on the questions, planning history, evidence and any council engagement. Five hours would be £875 before any applicable VAT and expenses; it is not a fixed PCN package.

Legal representation, specialist reports and later applications are separate matters. We would agree the first stage rather than ask you to commit to an undefined enforcement case.

Need help responding to a Planning Contravention Notice?

Fellpath is based in Cumbria and can discuss planning enforcement support across England. Send the complete notice and attachments, evidence of service, site address, planning history, relevant records, a short chronology and the deadline.

Tell us what you want to achieve and flag any other notices or threatened prosecution. We can explain the review needed, likely fee basis and whether a solicitor should be involved. An enquiry does not suspend a deadline or mean that an instruction has been accepted.

Ask Fellpath about your Planning Contravention Notice

General information about England, reviewed on 26 September 2026. Obtain advice on your own documents and circumstances. David Wright MRTPI is the founder of Fellpath Planning.