Enforcement -Doing Work Without Permission
3. Before you report a potential breach
Check whether planning permission exists
Search our records to see if planning permission has already been granted : Simple Search
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).
