Planning Enforcement

What Is Enforcement?

Planning enforcement is the process by which LPAs investigate alleged breaches of planning control and take action where appropriate. It is not a duty — LPAs have discretion whether to act.

Breaches of Planning Control

A breach occurs when development is carried out without planning permission, conditions attached to a permission are not complied with, or a building is used for a purpose not authorised by planning permission.

Enforcement Powers

Enforcement notice — requires the breach to be remedied within a set period. Breach of condition notice — requires compliance with a condition (no right of appeal). Stop notice — requires activity to cease immediately (compensation risk if withdrawn). Temporary stop notice — 28 days maximum. Planning contravention notice — information-gathering tool. Injunction — court order in the most serious cases.

Time Limits

For building operations: 4 years from substantial completion. For change of use to a single dwelling: 4 years. For all other breaches: 10 years. After these periods, the development becomes immune and a CLEUD can be obtained.

Lawful Development Certificates

A Certificate of Lawful Existing Use or Development (CLEUD) confirms that a use or operation is lawful by reason of the time that has elapsed. The applicant must provide sufficient evidence on the balance of probabilities.

Related Topics: Conditions, Appeals, Time Limits