Q&As

Is there a rule which allows a structure or temporary structure for which planning permission was needed, but not obtained, to remain and to be replaced after it has stood unchallenged for a period of time without the prospect of enforcement action from the local authority?

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Produced in partnership with Harriet Townsend of Cornerstone Barristers
Published on: 16 November 2020
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The answer to this question is found within the Statutory scheme for planning control largely contained within the Town and Country Planning Act 1990 (TCPA 1990) (as amended).

Generally speaking, planning permission is required for the development of land (TCPA 1990, s 57), although this may be a general permission given by a Development Order (TCPA 1990, s 60).

Development may be the carrying out of works on/under/to the land (operational development) or the making of a material change of use of the land (TCPA 1990, s 55). In either case, the carrying out of development without the requisite planning permission is a breach of planning control as defined by TCPA 1990, s 171A. The structure referred to in this question may have involved either or both of these forms of

Harriet Townsend
Harriet Townsend

Cornerstone Barristers

Harriet is a barrister with some 25 years' experience. Her principal areas of practice concern planning and environment law, and related property matters.

Recent work includes major compulsory purchase and compensation disputes; contentious residential proposals and related problems of housing land supply; high value basement development in London; and environmental impact assessment raising some of the most complex environmental issues of the day including heritage impact, habitats and species protection, and air quality concerns.

Harriet is frequently engaged to provide advice ' often on difficult questions of law, but also on strategy, procedure, and the conduct of negotiations. Recent instructions include the conduct of local authority Councillors, compensation claims under Part 1 of the Land Compensation Act 1973, reform of compulsory purchase law, and current legal issues in waste management.

On Climate Change, Harriet is the author of two articles in the Journal of Planning Law (2008 and 2009) and is following policy developments in this area with interest.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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