A breach of planning control is defined in Section 171A of the Town and Country Planning Act 1990 as:
- the carrying out of development without the required planning permission, or
- failing to comply with a condition or limitation attached to an existing planning permission.
It also includes any development that goes beyond what is allowed under permitted development rights set out in the Town and Country Planning (General Permitted Development) Order 2015 (as amended).
Who takes enforcement action?
Local planning authorities (LPAs) are responsible for deciding when enforcement action is necessary in the public interest. They have several enforcement powers—not just relating to planning—and may work alongside other teams such as environmental health or licensing.
When is enforcement action taken?
LPAs use their discretion to take enforcement action when they believe it is "expedient" (i.e. justified and in the public interest) to do so. Decisions are informed by the development plan and other material considerations, including the National Planning Policy Framework (NPPF). Many LPAs publish a local enforcement plan setting out how they will investigate and address breaches.