Breach of Planning

In its simplest form, a breach of planning occurs when the property owner builds something requiring planning permission without first obtaining it.
However, a breach can (and often does) occur in the following circumstances:
   (1) Changing the use of a building without first obtaining the Change of Use.
   (2) Obtaining the Change of Use, but failing to stay within its conditions.
   (3) Building a development that deviates from the plans referred to in the Decision Letter when planning permission was granted.
   (4) Failing to comply with any conditions of planning permission imposed at the time of the Decision Letter.

A property or business owner who finds herself in any of these situations must act quickly. It is no defence to blame the previous owner. The burden of compliance is on the present property or business owner.

The sequence of events from breach of planning to court can be very quick:
   (1) A complaint is received by the local planning authority (LPA).
   (2) The LPA’s enforcement officer usually visits the premises.
   (3) The LPA serves the house or business owner with an enforcement notice.
   (4) The enforcement notice will give the owner 28 days to comply or to appeal.
   (5) At the expiry of the 28 days the LPA issues a court summons.
   (6) The Magistrates Court takes over the case as a criminal case.

The recipient of an enforcement notice must take immediate legal advice.

There are essentially three options:
   (1) Comply: if the breach is an activity, cease the activity and write to the LPA stating the date by which it will cease.
   (2) Deny the breach: whether the breach is an activity or a construction, put in a statement explaining why it is not a breach.
   (3) Appeal: one can appeal the enforcement notice to the Planning Inspectorate on the ground of a defect in the Notice (for example, the Notice was not served on the correct person).