What is a breach of planning control?
A breach of planning control is defined in Section 171A of 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.
Any contravention of the limitations on, or conditions belonging to, permitted development rights, under the Town and Country Planning (General Permitted Development) (England) Order 2015, constitutes a breach of planning control against which enforcement action may be taken.
There are several different types of planning enforcement actions that may be taken by a Local Planning Authority:
- retrospective planning application
- planning contravention notice
- enforcement notice
- planning enforcement order
- stop notice
- temporary stop notice
- breach of condition notice
- injunction
- rights of entry
- enforcement on crown land
- listed building enforcement
- enforcement of hazardous substances control
- unauthorised advertisements
- enforcement and protected trees
The provisions of the European Convention on Human Rights such as Article 1 of the First Protocol, Article 8 and Article 14 are relevant when considering enforcement action.
In most cases, development becomes immune from enforcement if no action is taken:
- within 4 years of substantial completion for a breach of planning control consisting of operational development;
- within 4 years for an unauthorised change of use to a single dwelling-house;
- within 10 years for any other breach of planning control (essentially other changes of use).
Enforcement Notice must be appealed within 28 days! Non-compliance with the notice is a criminal offence.
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