Failure to comply with planning enforcement—criminal liability and direct action
Failure to comply with planning enforcement—criminal liability and direct action

The following Local Government guidance note provides comprehensive and up to date legal information covering:

  • Failure to comply with planning enforcement—criminal liability and direct action
  • Breach of planning contravention notice
  • Breach of stop notice
  • Breach of temporary stop notice
  • Breach of breach of condition notice
  • Breach of enforcement notice
  • Direct action—breach of enforcement notice
  • Relevant demolition—offence for failing to obtain planning permission for demolition of unlisted buildings in conservation areas
  • Offences by corporations
  • Proceeds of crime

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:

  1. 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

  2. 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:

  1. planning contravention notices

  2. enforcement notices

  3. stop notices

  4. temporary stop notices

  5. breach of condition notices, and

  6. injunctions

See Practice Note: Types