What do you need to know if you are warned of a potential breach of planning control? Chris Timothy of CT Planning advises.
Local planning authorities, also known as LPAs, can take enforcement action whenever they believe it is in the public interest and where they decide there has been a breach of planning control.
However, there are several ways to tackle alleged breaches of planning control and LPAs should act proportionately.
What is a breach of planning control?
A breach of planning control can include:
- carrying out development without the required planning permission
- failing to comply with any condition or limitation placed upon a planning permission that has been granted
- any contravention of the limitations on – or conditions relating to – permitted development rights. This would include erecting farm buildings as permitted development, and converting barns into dwellings.
What are the time limits for taking enforcement action?
In most cases, developments become immune from enforcement if no action is taken:
- within four years of substantial completion for a breach of planning control consisting of operational development
- within four years for an unauthorised change of use to a single dwellinghouse
- within 10 years for any other breach of planning control (essentially, other changes of use).
However, the time limits set out above do not prevent enforcement action being taken after the relevant dates in certain circumstances, such as where there has been deliberate concealment of a breach of planning.
In cases of deliberate concealment, an LPA can serve an enforcement notice ‘out of time’ or apply for a planning enforcement order. Find out more about time limits for taking enforcement action.
Retrospective planning application
An LPA can invite a retrospective planning application to be made, although this does not guarantee that permission will be granted.
A retrospective application will be determined in the normal way, and the LPA can decline to determine a retrospective planning application if an enforcement notice has previously been issued.
Obtaining information about alleged breaches of planning control
LPAs have a range of investigative powers regarding planning enforcement.
Local authority rights of entry
LPAs and justices of the peace can authorise named officers to enter land specifically for enforcement purposes, although this right is limited to what is essential for the effective enforcement of planning control.
These rights of entry are restricted, and on agricultural land restrictions include where it is essential to take special precautions in the interests of animal and plant health.
Planning contravention notice
A planning contravention notice allows the LPA to demand information about any use of the land or operations being carried out on it, and to ask the recipient to suggest how the suspected breach of planning control can be put right.
Failing to complete or return a notice within 21 days, or providing false or misleading information, is an offence.
Enforcement notice
The power to issue an enforcement notice is discretionary.
An enforcement notice should only be issued where the local planning authority is satisfied that there has been a breach of planning control and it is expedient to issue a notice, taking into account the provisions of the development plan and any other material considerations.
The local planning authority must enclose within the enforcement notice, information about how to make an appeal. The timescale for making an appeal is short, typically 28 days. If an appeal is not made within the time limit, the notice will take effect and must be complied with.
It is an offence not to comply with an enforcement notice, once the period for compliance has elapsed, and there is no outstanding appeal.
A person guilty of an offence is liable on conviction to an unlimited fine. In determining the amount of any fine, the Court is to have regard to any financial benefit which has been accrued or appears likely to accrue in consequence of the offence.
What is a temporary stop notice?
Temporary stop notices allow LPAs to act very quickly to address some breaches of planning control, such as unauthorised activities. Temporary stop notices may prohibit a range of activities, including those that take place on the land intermittently or seasonally.
A temporary stop notice requires an activity which is a breach of planning control to stop immediately.
A temporary stop notice does not have to wait for an enforcement notice to be issued and has immediate effect.
The notice will expire after 28 days. It is not possible to issue a further temporary stop notice unless the local planning authority has first taken some other enforcement action against the breach of planning control.
It is an offence to contravene a temporary stop notice.
Challenging a temporary stop notice
There is no right of appeal to the Secretary of State against the prohibitions in a temporary stop notice. The validity of a temporary stop notice, and the propriety of the local planning authority’s decision to issue a temporary stop notice, may be challenged by application to the High Court for judicial review.
Is compensation payable?
Compensation is payable but only in certain limited circumstances such as when the activity specified in the temporary stop notice was the subject of an existing planning permission and any conditions attached to the planning permission have been complied with or activity is permitted development.
What is a breach of condition notice?
A breach of condition notice requires its recipient to secure compliance with the terms of a planning condition or conditions of a planning permission. Any recipient of a breach of condition notice will be in breach of the notice if, after the compliance period, any condition specified in it has not been complied with, and the steps specified have not been taken or the activities specified have not ceased.
Summary prosecution can be brought in the Magistrates’ Court for the offence of contravening a Breach of Condition Notice.
Challenging a breach of condition notice
There is no right of appeal to the Secretary of State against a Breach of Condition Notice.
The validity of a breach of condition notice, and the propriety of the local planning authority’s decision to serve a breach of condition notice, may be challenged by application to the High Court for judicial review.
Alternatively, an application may be made to vary or remove the condition(s) in question.
CT Planning provides town and country planning services throughout England and Wales; it joined the NFU group of companies in December 2020, increasing the range of services which are available to NFU members.
If you are the subject of enforcement action by a local planning authority, we can assist you with preparing responses to the planning authority, ensure procedures are correctly followed, and submit any necessary applications or appeals. Get in touch by calling 01543 418779 or emailing [email protected]
