Enforcement -Doing Work Without Permission

When someone builds something or changes how land is used without the correct permissions, the Council can investigate and, if necessary, take action. 

Planning enforcement is a discretionary function and not a statutory duty.  The Council should act proportionately in responding to suspected breaches of planning control, and is not obligated to take enforcement action against every planning breach.  The Council will decide when, and if, to act based on the severity of the breach and public interest factors. 

The Council has published a local enforcement plan (link here:) to manage enforcement, which sets out how we will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where appropriate. This is reflected in Policy DM11: Planning Enforcement, of the adopted North Devon & Torridge Local Plan 2011- 2031 which states - 'Unauthorised development will be investigated by the Local Planning Authority, acting proportionately to the scale of the suspected breach of planning control. Enforcement action will be taken where it is appropriate to do so and in the public interest.' 

Please see following link : Policy DM 11 TDC Local Plan - Planning Enforcement

1. Check whether planning permission exists  

Search our records to see if planning permission has already been granted :  Simple Search

2. Consider if permission is required  

Many developments don't require planning permission (known as "Permitted Development"). Check the Planning Portal's "Do you need permission?" guide or may be immune from action (see below) 

Permitted Development 

Not all developments require an application for planning permission. Certain works are known as "Permitted Development" and are outlined in The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) ("the GDPO"). 

Before submitting an enforcement complaint, the Council encourages complainants to check whether the development is covered by the provisions of the General Permitted Development Order. Where the works or use meet all the conditions and criteria of the relevant class of the GDPO, it will be considered 'permitted development'. Therefore, formal planning permission is not required from the Council, and no enforcement action can be taken. 

Immunity 

The time limits for taking enforcement action are set out in section 171B of the Town and Country Planning Act 1990 (see also The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 for transitional arrangements). 

In most cases, development becomes immune from enforcement if no action is taken: 

• within 10 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place on or after 25 April 2024 

• within 10 years for an unauthorised change of use to a single dwellinghouse where the 

change of use took place on or after 25 April 2024 

• within 4 years of substantial completion for a breach of planning control consisting of 

operational development where substantial completion took place before 25 April 2024; 

• within 4 years for an unauthorised change of use to a single dwellinghouse where the 

change of use took place before 25 April 2024; 

• within 10 years for any other breach of planning control (essentially other changes of 

use, breaches of planning conditions). 

Without the correct permissions, the following examples may constitute a breach of planning 

control: 

• Building works affecting the external appearance of a building 

• Internal or external works to a listed building or within its curtilage 

• The material change of use of land or buildings 

• Failure to comply with conditions attached to planning consents 

• The display of advertising 

• Substantial demolition in a conservation area 

• The felling of protected trees 

• Building work or engineering operations carried out without required permission 

• Untidy sites that harm the appearance of an area. 

Defining a Breach of Planning Control 

It is not usually a criminal act to undertake building works or a change of use without the 

necessary planning permission (except where the works concern a listed building or a 

protected tree). However, unauthorised works or changes of use are likely to represent a 

breach of planning control. 

The statutory legislation for planning enforcement is derived from the Town and Country 

Planning Act 1990 (as amended) and the Planning (Listed Buildings and Conservation Areas) Act 

1990. 

A breach of planning control is defined in section 171A of the Town and Country Planning Act 

1990 as: 

• the carrying out of development without the required planning permission; or 

• failing to comply with any condition or limitation subject to which planning permission 

has been granted. 

The Planning Enforcement Service is unable to investigate civil matters or complaints which fall 

within the remit of other Council departments. For example: 

• Neighbour disputes 

• Potential breaches that haven't happened yet 

• Land boundary or ownership disputes 

• Disputes under the Party Wall Act 

• Breaches of covenants between landowners or trespass issues 

• Competition between businesses 

• Perceived reduction in land or property value 

• Non-material planning considerations such as loss of property value or loss of view 

• Damage to property 

• Blocking of designated rights of way 

• Health and safety and site security 

• Untidy land, for example an unkempt lawn where there is a minimal effect on amenity 

• Site clearances on unprotected vegetation 

• Internal works unless they relate to Listed Buildings 

• Smells, noise, and pollution should be reported to the Council's Environmental 

Protection Team, unless it is in breach of a planning condition 

• Fly-tipping should be reported to the Council's Environmental Protection Team 

• Use of development on highways or pavements should be reported to the County 

Council's Highways Team 

• Dangerous structures should be reported to the Council's Building Control Team 

• Parking or traffic obstructions should be reported to the County Council's Highways Team 

•Complaints about developments we've already investigated and made a decision on 

•Complaints which are without foundation and/or are not genuine planning-related concerns. 

If you believe a planning breach has occurred then please complete our online planning breach report form:  

Complaints about alleged breaches of control are best made using the form below: Enforcement Complaint Form

In accordance with data protection legislation the Council will not disclose any information relating to the identity of a complainant (unless required at Court which is rare). 

START  (Firm Step) (Under construction)

Complaints will also be accepted by letter and e-mail provided the complainant provides their name, address and telephone number. You can contact the Planning Enforcement team by the following means: 

Address: Riverbank House, Bideford, Devon EX39 2QG 

Email: [email protected] 

Telephone: 01237 428711 

As a minimum, the following information should be supplied: 

• The exact location of the site (a map would help - along with a 'What Three Words' reference or similar); 

• The details of the person or organisation who may be responsible for the breach; 

• The date you were aware that the works or activity began;

• The nature of works or activity (including photographs and/or videos, if possible); 

• What problems are being caused and how it impacts on any amenity; 

• If the request relates to a planning application/permission or condition, the reference number and/or condition; 

• Any planning history you may be aware of. 

In accordance with data protection legislation the Council will not disclose any information relating to the identity of a complainant (unless required at Court) 

7.The investigation process

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When we receive your complaint, we will:

• 1. Register and assign priority status to the complaint and allocate it to an Enforcement Officer. Written acknowledgement including the case reference number will follow on the same day for highest priority complaints, and within 5 working days for all other cases.

In view of the significant numbers of complaints that are received each year (circa 300), and to ensure efficient use of Council resources, each complaint received will be priority assessed before logging. This approach ensures that those breaches of planning control that are causing the greatest public harm are acted upon as quickly as possible. There are three enforcement priorities and associated timescales as set out on pages 6-11 of the enforcement plan: LINK ?

If your complaint is not something we can deal with you will be informed of this following the Initial Site Assessment (2, 15 or 30 working days depending on the priority)

• 2. Assess whether a breach has occurred, which typically involves:

• • Review allegation made
  • Further information gathering - including Council departments if required
  • Assess whether allegation is a planning matter
  • Checking the planning history
  • Checking permitted development rights
  • Assess whether there has been a breach of planning
  • Contacting the landowner
  • Visiting the site if necessary
  • Discussing how any identified breach might be resolved

• 3. Significant developments in a case may include:

• The submission of a retrospective planning application

• The determination of a retrospective planning application

• Formal Notice served

• Case closed

• 4. How can I keep track on progress on my complaint?

Following the initial site assessment, should investigations continue and the case remains open, the best method of receiving an update on progress is to contact the Enforcement Team: [email protected]

Simple cases may be resolved in a few weeks, while complex cases can take several months, and in some cases years, especially if retrospective planning applications and/or appeals and prosecution proceedings are involved.  

Our investigation will reach one of these conclusions: 1. No breach has occurred - The development either has permission or doesn't need it. 2. No action - a breach has occurred but isn't harmful enough to warrant action - Not all breaches require enforcement action. 3. A breach has occurred that needs to be addressed - We'll take appropriate action as outlined below:

If  a breach has taken place we will take one of three courses of action:  

1. No action 

Formal enforcement action will only be considered where it is expedient and proportionate to 

do so.  

The Council will take into account a number of factors and will make a judgement about whether to take enforcement action based upon the following criteria: 

• Whether the breach of control would unacceptably affect public amenity 

• Whether it would give rise to a serious risk to public safety 

• Whether the existing use of the land/buildings merit protection in the public interest 

Any formal enforcement action taken will be commensurate with the breach of control to which it relates. It will generally be inappropriate to take formal enforcement action against a trivial or technical breach of control, which cause no harm to amenity in the locality of the site, or where the development undertaken is otherwise acceptable on its planning merits having regards to the provisions of the Development Plan and any other material planning considerations. 

2. Informal action 

Negotiation - We'll work with the landowner to resolve the issue voluntarily. Unless significant or irreparable harm is being caused, the Council will initially try to resolve 

breaches through negotiation. This may result in voluntary remedial action.  

Request a retrospective application - If we think permission might be granted (possibly with changes), we'll invite an application to regularise the situation.  This may involve serving an Enforcement Warning Notice which formalises the process for inviting a retrospective planning application and constitutes taking enforcement action for the purposes of the Town and County Planning Act 1990. 

3. Formal action 

Where it has not been possible to remedy a breach of planning control through negotiation, or 

the submission of a retrospective application; and where it is deemed expedient to do so the 

Council has a number of available options for formal enforcement action. 

Formal actions may include: 

• Planning Contravention Notice (PCN) 

• Enforcement Notice 

• Breach of Condition Notice (BCN) 

• Stop Notice 

• Temporary Stop Notices 

• Section 215 Notice 

If someone appeals against a notice, enforcement action is paused until the appeal is decided. If a notice isn't followed within the specified timeframe, we may take legal action against the landowner/developer.