Planning Enforcement Guide

Summary

Planning enforcement, whether we like it or not, plays an important role in how our communities take shape, impacting everyone. Whether you're in the heart of a city or surrounded by rural landscapes, understanding how planning rules work is key to making sure guidelines are followed, and development is carried out legally, safely and in the best interests of the public. In this article, we'll take a closer look at the planning enforcement rules and responsibilities, including what could happen if there was a breach of planning control. Let’s begin! A breach of planning control, as governed by the Town and Country Planning Act 1990, happens when: * Development occurs without the planning permission that is needed. * There is a failure to meet or follow the conditions or any limitations set out in the planning permission that has been granted. If you break the rules in permitted development rights, as laid out in the Town and Country Planning (General Permitted Development) (England) Order 2015, this is seen as a breach of planning control and can lead to legal prosecution, costing you in more ways than one. When it comes to enforcement action powers following a breach of planning.

Key information

• •Development occurs without the planning permission that is needed.
• •There is a failure to meet or follow the conditions or any limitations set out in the planning permission that has been granted.
• •Enforcement notice: The most common form of enforcement action - it outlines the breach and details the steps required to fix the problem. This could mean stopping certain activities, removing any structures that haven’t been authorised, or returning the land to its previous state.
• •Stop notice: A stop notice can be issued to immediately stop any ongoing development or use of the development that is in breach of planning control. It is normally used in urgent situations where immediate action is needed.
• •Breach of condition notice: If a development has ignored or gone against the conditions attached to a planning permission, a breach of condition notice may be issued. This notice sets out what hasn’t been followed and again, the necessary steps to put it right.
• •Injunction: In more serious cases or when other enforcement measures are not effective, the local planning authority may seek to get a court injunction. This legal action can force the responsible party to stop the unauthorised development or use.
• •Prosecution: Legal proceedings may be taken in cases where serious or persistent breaches happen. Prosecution can result in fines or other penalties issued by the courts.
• •Within 4 years of finishing significant building work.
• •Within 4 years for turning a place into a single home without permission.
• •Within 10 years for any other planning breach (like changing how a place is used).
• •Planning permission should be given or the condition/limitation should be removed - however an appeal under this ground is not allowed if a related planning permission application was made, and the enforcement notice was issued before determining the application.
• •The events mentioned in the enforcement notice didn't happen.

Practical guidance

• •Source: [Planning Enforcement Guide](https://lawhive.co.uk/knowledge-hub/property/planning-enforcement-guide)

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