Planning enforcement is an important part of the planning process in protecting the environment. Whilst it is not always a criminal offence to carry out development without planning permission it may still constitute a contravention of planning laws and the Council has the power to enforce those laws.Planning Enforcement is a very complex area. This is because the Town and Country Planning Acts seek to strike a balance between the freedom of the owners to use or alter their property as they wish, whilst at the same time safeguarding the amenities of their neighbours and conserving historic buildings and areas.
What is a 'breach of planning control'? In most cases, when someone wants to develop a piece of land or a building (including changing it's use), they will need to apply for planning permission to do so. A development without planning permission is known as 'unauthorised development'.There are six main situations in which someone may be considered to be in breach of planning control: They are developing a site without planning permission. They have permission but they are not meeting the terms of that permission (they are not following the plans, or meeting the conditions or legal agreement placed on the permission). They are carrying out external or internal works to a listed building without listed building consent. They are displaying a sign or an advertisement without advertisement consent. They are felling or carrying out works to a tree that is in a conservation area or the tree is protected by a tree preservation order. They are demolishing a building in a conservation area without consent.