A breach of planning control happens if development is carried out that needs planning permission but the necessary planning permission has not been first obtained. A breach of planning control also includes development that is not in line with approved plans or doesn't comply with planning conditions attached to the planning permission.
It is also a breach of planning control if certain other work is carried out without the necessary consents being first in place, for example listed building consent or works to protected trees.
Local enforcement plan
Cheltenham Borough Council has adopted a local enforcement plan. This explains
- how we will carry out planning enforcement investigation
- the priority in which investigations are undertaken
- how planning permissions are monitored
- how alleged breaches of planning control are investigated
The plan also describes the range of enforcement tools available to us to resolve enforcement issues. The full document is available to download below. There is also a summary document, the Planning Enforcement Guide.
Unauthorised development
In many cases, planning permission is required for the development of land or a building. This includes a material change of use - for example converting a residential home into a commercial space. 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 or consent
- Not carrying out 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:
- Carrying out external or internal works to a listed building without first obtaining listed building consent
- Display of an advertisement which requires advertisement consent, without this consent having been granted
- Non-compliance with the requirements of a planning enforcement notice
In these situations, Cheltenham Borough Council can take legal action which could result in prosecution proceedings and a criminal record.