The following Planning practice note provides comprehensive and up to date legal information covering:
Where it appears to a local planning authority (LPA) that a breach of planning control has occurred, it has discretion to take enforcement action pursuant to Part VII of the Town and Country Planning Act 1990 (TCPA 1990). A breach of planning control for these purposes is defined in TCPA 1990, s 171A as:
the carrying out of development without the required planning permission, or
failing to comply with any condition or limitation subject to which planning permission has been granted
Practice Note: Planning—enforcement provides detailed guidance on how a breach of planning control is constituted, when development becomes immune from enforcement, and the considerations relating to an LPA’s decision whether to take formal action. This Practice Note focuses the various steps an LPA can take in respect of a breach of planning control.
The Practice Note does not deal with enforcement in relation to listed buildings. See Practice Note: Listed buildings enforcement and criminal liability regime for more information. For background on how this Practice Note is relevant to enforcement in relation to conservation areas, see Practice Note: Conservation area enforcement and criminal liability regime.
Planning Practice Guidance (PPG) provides guidance on all types of planning enforcement. Although the guidance is not statutory, it can be a material consideration in planning decisions and should generally be followed unless there are clear reasons not to. LPAs have discretion when choosing whether to
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