Enforcement

A breach of planning control is defined in section 171A of the Town and Country Planning Act 1990 as:

• the carrying out of development without the required planning permission; or
• failing to comply with any condition or limitation subject to which planning permission has been granted.

Any contravention of the limitations on, or conditions belonging to, permitted development rights, under the Town and Country Planning (General Permitted Development) (England) Order 2015, constitutes a breach of planning control against which enforcement action may be taken.

Local planning authorities have responsibility for taking whatever enforcement action may be necessary, in the public interest, in their administrative areas. It should be noted that local authorities have a range of enforcement powers that extend beyond planning, as do the police in certain instances. 

In most cases, development becomes immune from enforcement if no action is taken within 10 years of substantial completion, a change of use, and from when the breach occurred. In some cases, different time limits rules apply to cases using a relevant date of 25 April 2024. However, the time limits set out above do not prevent enforcement action after the relevant dates in certain circumstances. 

Please contact Master Land & Planning at the earliest opportunity. Your local authority may be initially investigating, or they may have served you with an enforcement notice. They key advice is to not ignore the action and to first seek professional advice from a town planning specialist before responding.