Breaches of planning control

Part of: Planning compliance and enforcement

Contents

A breach of planning control is when building works or a material change of use takes place without the necessary planning permission, or where development takes place without complying with conditions attached to a planning permission. 

Examples can include:

  • Altering properties in Conservation Areas without planning permission
  • Using land to deposit waste
  • Failing to carry out landscaping work required by a planning permission

View the Planning Portal information on failure to obtain or comply with planning permission.

It is important to note that:

  • A breach of planning control is not a criminal offence.
  • Planning permission can be applied for after development has taken place and we may encourage this if it would help the issues to be examined.
  • Enforcement action is subject to time limits.
  • Not all breaches of planning control will result in enforcement action.

If you think there has been a breach of planning control you should consider:

Permitted development

Permitted development rights allow for extensive alterations to homes and gardens, as well as to other types of land and buildings, without needing planning permission from us. Action will not usually be taken against minor breaches of permitted development limits.

There are also other things which are not breaches of planning control. These include:

  • Internal works to most buildings unless they are listed (of high architectural or historic value)
  • Obstruction of a highway or public right of way
  • Parking commercial vehicles on the highway in residential areas or on grass verges
  • Clearing land of vegetation, unless it is subject to planning protection
  • Operating a business from home if the residential use remains the main use
  • Boundary disputes
  • High hedge disputes
  • Deeds and covenants
  • Trespassing on land
  • Health and safety issues