Breach of planning control
A breach can be:
- Unauthorised development, which can be building, engineering, or mining operations, or a
- material change of use of land or buildings
- Failure to comply with a planning permission condition
- Display of an advertisement without consent
- Unauthorised listed building works
- Works to or the removal of protected trees without consent, such as trees covered by a tree preservation order or trees in a conservation area
It's not a criminal offence to:
- Carry out development without planning permission
- Fail to comply with a condition of a planning permission
It is a criminal offence to carry out:
- Listed building work without consent
- Works to or remove a tree covered by a tree preservation order or in a conservation area, without consent
Some development, however, is permitted development, and some advertisements can also be displayed without consent.
Our planning team monitors ongoing development. But it's very important that those who obtain and implement planning permission take full responsibility for complying with that permission.
A valid commencement of a planning permission can only take place if the following steps have been undertaken:
- Firstly, fully discharge all pre-conditions of the permission, such as those conditions that need something to be done “prior to the commencement of the development”
- Then, start building work on the ground which is in accordance with the approved plans, before the expiry date of the permission
If development goes ahead without complying with these steps, this will render the whole development unauthorised. This has serious implications and could result in enforcement action being taken.
If you want to make any amendments to an approved scheme, it's very important to contact the case officer for the original application to discuss these and obtain the necessary further approval before carrying out the work.
Some changes can be dealt with as “non material amendments,” while others will require the submission of a further application for planning permission, and many will require some further consultation with interested parties, such as neighbours or the parish council.