Planning control breaches

Planning law can be extremely complicated. The following information is designed only to be a guide.

A breach of planning control occurs when development such as building works or a material change of use of land or a building takes place without planning permission.

In most cases it is not an offence to undertake development without consent, but the Council does have the powers to remedy such breaches.

This can be done by, for instance, requiring changes to be made, getting the development removed or the use stopped, or in some cases giving planning permission.

Examples of breaches of planning control

  • not building in accordance with approved plans
  • failing to comply with conditions attached to a planning permission
  • unauthorised works to a listed building
  • display of an advertisement without the benefit of advertisement consent
  • removing or lopping/topping trees either protected by a Tree Preservation Order or sited within a conservation area.

Examples of non-breaches of planning control

  • internal works to a non-listed building
  • change of use from a clothes shop to a grocers (both within same use class (A1 Shops))
  • operating a business from home, where the residential use remains the primary use and there is no adverse effect on neighbouring amenities
  • where the works being carried out are permitted development, i.e. planning permission is not required.

Report a breach of planning control