Enforcement -Doing Work Without Permission

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.