Injunction restraining breach of planning control
Injunction restraining breach of planning control

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

  • Injunction restraining breach of planning control
  • When can an injunction for a breach of planning control be applied for?
  • Application for injunction
  • Powers of court
  • Challenge to decision to apply for injunction
  • Consequence of not complying with injunction
  • Injunction against 'persons unknown'
  • Suspension, variation or discharge
  • Practical points for developers
  • Practical points for LPAs
  • more

For the purposes of 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 inherently 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 not been obtained. In deciding whether a breach of planning control has occurred within this context, the guidance and case law concerned with the meaning of ‘development’ will need to be followed

  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 and enforcement action generally.

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