A breach of planning control occurs if development is undertaken that requires planning permission and planning permission has not been obtained. This includes Listed Building Consents and planning permission for a material change of use of land. A breach of planning control also includes where, development has been undertaken that is not in accordance with the approved plans and/or in compliance with planning conditions attached to the planning permission.
Local enforcement plan
The Council has adopted a local enforcement plan. This explains how planning enforcement investigations are undertaken, the priority in which investigations are undertaken, how planning permissions are monitored, and how alleged breaches of planning control are investigated. The plan also describes the range of enforcement tools available to the Council to resolve enforcement issues.
Commencement of development
It is the landowner’s responsibility to comply with the planning permission and all associated conditions, in all respects.
The Council encourages landowners to notify the Council when they have commenced development by way of the commencement of planning permission notice provided with all planning permissions.
In many cases, planning permission is required for the development of land or a building (including materially changing its use). Development without express planning permission is 'unauthorised development' unless the development is considered ‘Permitted Development under the planning Legislation.
Examples of situations of a breach of planning control, include:
- Developing land without the required planning permission .
- Non-compliance with the conditions or legal agreement placed on the permission/consent resulting in any permission/consent being null and void.
- Not undertaking the development in accordance with the planning permission or consent granted.
It is important to note that most breaches of planning control are not criminal offences. However, the exceptions to these are:
- Undertaking external or internal works to a Listed Building without firstly obtaining Listed Building consent.
- Display of an advertisement, which requires advertisement Consent, without advertisement Consent having been granted.
- Non- Compliance with the requirements of a planning enforcement notice.
In these situations, the Council can take legal action which could result in prosecution proceedings and a criminal record.
The Council’s approach to unauthorised development
The guidance the Council uses to make decisions about unauthorised development is contained in the National Planning Policy Framework (NPPF) which was introduced by the government in March 2012 and replaced previous national guidance on enforcement. Since then the government has produced a Planning Practice Guidance document "ensuring effective enforcement", published in March 2014, updated in 2019, which provides the main background regarding breaches of planning control.
As a local authority, the Council will use the legislative powers granted to us under the provisions of the Town and Country Planning Act 1990 (as amended), the Planning (Listed Buildings and Conservation Areas) Act 1990, the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, the Building Act 1984 and Building Regulations 2000, including all other subordinate legislation, to control unauthorised development.
Matters that planning enforcement do not investigate
- Anonymous complaints.
- Civil matters.
- Neighbour disputes.
- Noise/Waste/Pollution and Nuisance - Unless covered by planning conditions imposed on an implemented planning permission these matters fall within the legislative powers of Gloucestershire County Council, Environmental Regulatory Services and the Environment Agency, the contact details for which are as follows:
Gloucestershire County Council – 01452 425000 Monday to Friday 8:30 – 17:00 (excluding bank holidays)
Environmental Regulatory Services - Email firstname.lastname@example.org or alternatively 01285 623000 9am to 4.45pm Monday to Thursday and 9am to 4.30pm on Friday
Environment Agency - email@example.com or alternatively 01142 825312 Monday to Friday 8am to 6pm.