Breaches of planning control
Where there has been a breach of planning control we will decide:
- whether or not to take enforcement action; and
- if we decide to take enforcement action, what action to take.
Breaches of planning control can take many different forms and different time limits and consequences may apply.
Examples of breaches in planning
Breaches of planning control can include:
- carrying out building or engineering works or the change of use of a building or land without planning permission;
- carrying out development not in accordance with a planning permission. This can be either failure to follow the approved plans or failure to comply with conditions attached to the permission;
- carrying out works (internal as well as external) to a listed building without listed building consent;
- the display of a sign or advertisement without advertisement consent;
- the unauthorised felling or carrying out of works to a tree which is protected by a Tree Preservation Order or which is within a Conservation Area; and
- the unauthorised demolition of a building within a Conservation Area.
In addition the Council has power to act where land has become so untidy that it harms the amenity of the surrounding area.
Examples of things which are not usually breaches
The following are examples of activities, which are not normally breaches of planning control, and, therefore it is unlikely that enforcement action can be taken under planning legislation:
- On street parking is a matter for regulation under the Highways Acts.
- Operating a business from home where the residential use remains the primary use, no staff are employed there, and visitors are kept to a minimum.
- Stationing a caravan within the grounds of a dwelling provided that its use is ancillary to the dwelling i.e. it is stored or used as an extra bedroom.
- Clearing land of undergrowth, bushes and trees provided they are not subject to a Tree Preservation Order and are not within a Conservation Area, or protected by a planning condition.
Breaches of planning control often occur in respect of:
- changes of use, such as shops to offices or takeaways;
- building works;
- unauthorised advertisements;
- erection of fencing; and
- alterations to listed buildings including the installation of UPVC windows.
Four years is the time allowed to take enforcement action where the breach comprises either: operational development, change of use to use as a single dwellinghouse, or breach of a condition preventing change in use of any building to use as a single dwellinghouse.
Ten years is the time allowed to take enforcement action for all other breaches of planning control.
The following unauthorised breaches of planning control are criminal offences:
- carrying out unauthorised works to listed buildings;
- displaying unauthorised advertisements; and
- works to protected trees.
The carrying out of development without the necessary planning permission is not an offence but may have implications or consequences. The Council's officers will therefore need to consider these implications and consequences in order to determine whether the Council should take enforcement action and, if so, what action to take.
Our aim in carrying out enforcement duties are to:
- remedy the undesirable effects of unauthorised development on the environment and the amenities of residents;
- ensure that any planning permission granted is not compromised by non-compliance with the approved plans or any conditions; and
- ensure that planning policies, the planning process generally and the credibility of the planning system is not undermined.