Planning breach complaint
A planning breach usually occurs when:
- A development that requires planning permission is undertaken
without the permission being granted - either because the planning
application was refused or was never applied for
- A development that has been given permission subject to
conditions breaks one or more of those conditions.
A planning breach in itself is not illegal and the council will
often permit a retrospective application where planning permission
has not been sought.
However, if the breach involves a previously rejected
development (or the retrospective application fails) the council
can issue an enforcement notice.
In considering any enforcement action, the decisive issue for
the local planning authority should be whether the breach of
control would unacceptably affect public amenity or the existing
use of land and buildings meriting protection in the public
interest.
It is illegal to disobey a enforcement notice unless it is
successfully appealed against.
If you wish to report a planning breach please complete the form
below