| Breaches of Planning
Control |
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What is a breach of Planning Control?
A breach of planning control is
defined in the Town and Country Planning Act 1990 as "the carrying
out of a development without the required planning permission, or
failing to comply with any condition or limitation subject to which
planning permission has been granted".
Examples of breaches of planning control:
- Building work, engineering operations and
material changes of use, which are carried out without planning
permission
- Development that has planning permission but is
not carried out in accordance with the approved plans
- Failure to comply with conditions or the terms
of a legal agreement attached to a permission or
consent
- Demolition in conservation areas, without
conservation area consent
- Works carried out to a "listed" building,
without listed building consent being granted
- Removal of, or works carried out, to protected
trees and hedgerows without consent being granted or proper
notification given
- Advertisements which require express consent
under the Advertisement Regulations, but are displayed without
consent being granted
Planning enforcement guidance
(link) |
What happens when breaches of planning control are
confirmed?
If the breach is minor, we might take no further action other
than asking for a retrospective application if it:
- is in line with Local Plan policies, or
- is immune from enforcement action, due to the passage of
time.
What happens when breaches of planning control are
unacceptable?
If the breach is unacceptable and could not be resolved by an
approved application we will:
- ask for a use to cease, or unauthorised development to be
removed.
- Issue a formal notice where necessary and expedient.
If we are unable to complete our investigations and need further
time, we will tell you. We may also require additional information
from you relating to the breach, for example a diary of events.
What is not dealt with by Planning
Enforcement?
-
Neighbour disputes
-
Land ownership and boundary disputes
(link)
-
Mineral and waste complaints
(link)
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| Page Last Updated |
| 15 May
2012 | |
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