Local Enforcement Plan - What is a breach of planning control

The Council is committed to investigating all reported breaches of planning control. Breaches of planning control are defined in the Town and Country Planning Act 1990 as “the carrying out of development without the required planning permission, or failing to comply with any condition or limitation subject to which planning permission has been granted.” In addition, other unauthorised works such as those to protected trees or listed buildings or advertisements (covered by the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Town & Country Planning (Tree Preservation)(England) Regulations 2012), also fall within the control of the local planning authority.

Certain types of building works or changes of use are defined as ‘permitted development’ which means that an application for planning permission is not required. Whether or not planning permission is required depends on several factors; these are detailed in the Town and Country Planning [General Permitted Development] Order 2015 as amended. Help in understanding ‘permitted development’ can be found in various sources. For example:  the Planning Portal which also provides a method of applying for planning permission. 

Types of breaches of planning control  

Breaches of planning control can include undertaking the following types of work where they need consent (although this is not comprehensive): 

  • building work requiring planning consent i.e. extensions, new homes, conversion to flats
  • works to a listed building without Listed Building Consent
  • demolition taking place in a Conservation Area
  • works to, or removal of, protected trees
  • not building in accordance with the approved plans
  • advertisements being displayed without consent
  • breach of conditions on a planning permission
  • construction of high fences
  • the neglect of land and/or buildings that adversely affects the amenity of the neighbourhood
  • fly posting.

It is worth stressing that it is not an offence to carry out development without first obtaining planning permission or consent, unless it relates to;  

  • works to a statutory listed building
  • demolition within a conservation area
  • works to protected trees (whether covered by a Tree Preservation Order (TPO) or where it lies within a conservation area)
  • the display of advertisements where they do not benefit from deemed consent.  

Other unauthorised works only become a criminal offence once an enforcement notice has been served, the works have not been remedied before the compliance period, and there is no outstanding appeal against the enforcement notice.  

Time limits

A breach of planning control becomes immune from enforcement action if the local planning authority has failed to take formal enforcement action against it within the time limits set out in the Town and Country Planning Act 1990. The relevant time limits are: 

  • 4 years from the substantial completion of operational development and from the change of use of any building to a single dwelling house, including use as flats
  • 10 years for all other breaches i.e. change of use or breach of conditions other than those related to single dwelling houses. 

There are no time limits laid down in relation to operational works to a listed building. 

Not planning issues

There are a number of issues which require consent from a landowner or third party but do not normally require planning permission, or where the issue is a private civil matter or covered by other legislation. Whilst these issues may be important and cause concern, they are not issues where the local planning authority can intervene unless restrictive conditions have been imposed upon the granting of a planning permission. Common examples are: 

  • boundary disputes, deeds and covenants – these are a private matter
  • internal works to a non-listed building – although Building Regulations may be required
  • party wall agreements
  • obstruction of the highway
  • removal of trees, bushes etc. (unless located in a Conservation Area or covered by a Tree Preservation Order (TPO))
  • operating a business from home where the primary use remains residential
  • competition from other businesses
  • permitted development. 

 

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