The following Local Government guidance note provides comprehensive and up to date legal information covering:
Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach of planning control means:
carrying out development without the required planning permission—this requires that unauthorised operations or a material change of use which constitute development within the meaning of TCPA 1990, s 55 have occurred, and that planning permission is required for that development and have not been obtained
failing to comply with any condition or limitation subject to which planning permission has been granted—this includes any of the limitations or conditions applied to individual permitted development rights in the Town and County Planning (General Permitted Development) (England) Order 2015, SI 2015/596
See Practice Note: Planning—enforcement for more information on planning breaches.
TCPA 1990, s 171A defines ‘taking enforcement action’ as the issue of an enforcement notice, or the service of a breach of condition notice. However, there are other formal means by which a local planning authority (LPA) can tackle breaches of planning control where they appear to have taken place, even where they do not strictly constitute the taking of enforcement action, as defined in TCPA 1990, s 171A. The full range of formal measures available are:
planning contravention notices
temporary stop notices
breach of condition notices, and
See Practice Note: Types
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