Planning, listed building and conservation area enforcement

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Breach of planning control and enforcement action

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—unauthorised operations or a material change of use which constitute(s) development within the meaning of TCPA 1990, s 55 must have occurred, for which planning permission is required but has 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. See Overview: Is planning permission required?

  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 Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596

Responsibility for enforcing breaches of planning control is generally vested in the local planning authority (LPA). The Secretary of State retains default

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Latest Planning News

DfT proposes revocation of A47 Wansford to Sutton Development Consent Order 2023

The Department for Transport (DfT) has announced that the Secretary of State for Transport proposes to revoke the A47 Wansford to Sutton Development Consent Order 2023. The Secretary of State has determined that exceptional circumstances justify the revocation, following the government’s decision to discontinue funding the scheme after the 2025 Spending Review. The Order, issued on 17 February 2023, authorised National Highways to develop a dual carriageway between Wansford and the western end of the existing A47 dual carriageway at Sutton. The deadline for submitting representations is 25 March 2026.

PINS publishes updated guidance on changes to application fees for NSIPs

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Planning weekly highlights—26 February 2026

This week’s edition of Planning weekly highlights includes: court decisions on infrastructure contributions and a 73 variation to remove a affordable housing requirement; updated Transport and Works Act guidance; analysis of the role of the Building Safety Regulator; the response to the Welsh-speaking Communities planning report; bids opening for the Social and Affordable Homes Programme; and an RTPI report on the planning system in Wales.

Inspector did not err in permitting s 73 variation to remove affordable housing requirement (Lancaster City Council v SSHCLG)

Planning analysis: In Lancaster City Council v SSHCLG, the Planning Court dismissed an application for statutory review of an inspector’s decision to grant planning permission on appeal for an application under section 73 of the Town and Country Planning Act 1990 (TCPA 1990). The s 73 permission, in conjunction with a deed of variation under TCPA 1990, s 106A, had the effect of removing the affordable housing requirement on site.

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