Cornwall Council’s Planning Enforcement Plan sets out our procedures for dealing with alleged breaches of planning control. It explains how the Council best uses its planning enforcement resources.
Is planning enforcement the right tool to use
Local Authorities have a range of enforcement powers that extend beyond planning. Other agencies also have a range of enforcement powers. We will focus on outcomes and to find the best way forward on a matter. If the use of different legislation would achieve a better outcome, we will re-direct the query as appropriate. We will work with other agencies or Council teams where a joint approach is needed.
Where appropriate we will work with Council colleagues in:
- building control
- private-sector housing
- licensing
- public protection and
- the Fire Service.
We also work closely with external organisations such as:
- the Environment Agency
- Devon & Cornwall Police and
- the Health & Safety Executive.
What is planning enforcement
Planning enforcement is a regime to manage inappropriate development that causes planning harm. Local Planning Authorities (LPAs) have the power to manage and control development. This is set out in the Town and Country Planning Act 1990, as amended (“the Act”).
Section 55 of the Act defines development as:
“the carrying out of building, mining, engineering or other operation in, on, under or over land, or the making of any material change of use of any buildings or other land”.
If the operation or use is not ‘development’ as defined, it is not a breach of planning control. This means the LPA has no power to take any further action. The Act also defines a breach of planning control as:
“the carrying out of a development without the required planning permission or failing to comply with any condition or limitation subject to which planning permission has been granted.”
The National Planning Policy Framework (“NPPF”) supports the Act. The NPPF guides LPAs how they should manage breaches of planning control and when to take enforcement action. Paragraph 58 of the NPPF states that:
“Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.
Local planning authorities should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and act where appropriate.”
Two main pieces of legislation cover development. One is Planning legislation and the other Building Regulations. The two are often confused. Main points to remember are that:
- Planning deals with the development in principle. Is the development acceptable in terms of the visual aspects, the amenity? How does it fit in with neighbouring development, and the character of surrounding development
- Building Regulations deal with the construction. How is something built? Is it structurally safe and fit for purpose. The legislation covering each aspect is different. People should send concerns about building regulations issues to the Council’s building control team.
What is or is not a breach of planning control?
Potential breaches of planning control could include (not an exhaustive list):
- Works to listed buildings
- Demolition of buildings in a conservation area
- Works to trees subject of a Tree Preservation Order (“TPO”) or in a conservation area
- Building without consent (i.e. extensions, outbuildings, fences, walls)
- Change of use of buildings and/or land (inc. sub-division of houses to flats / HMOs)
- Advertisements and signage
- Non-compliance with conditions attached to planning permissions
- Not building per the approved plans of planning permissions
- Untidy land where it affects the amenity of the area
- Engineering operations, such as the raising of ground levels or earth bunds
- Deliberate concealment of unauthorised building works or changes of use
- Unauthorised residential use of the land (i.e. caravans)
- Breaches of planning conditions, S106 Agreements and Community
- Infrastructure Levy (CIL)
- Minerals and Waste Development
Matters that are not breaches of planning control include (not an exhaustive list):
- Internal works to a non-listed building
- Use of buildings in the curtilage of a dwelling for incidental domestic use
- Parking of commercial vehicles on the highway or grass verges
- Land ownership disputes or trespass issues
- Infringements of covenants in property deeds
- Temporary structures/fencing associated with building works
- Dangerous structures or other health and safety issues
- Devaluing of property
- Issues relating to party walls
- Issues relating to damage of property or (potential) injury to persons
- Use of land for forestry or agriculture
- Carrying out maintenance to pipes, sewers etc by a Council or statutory undertaker. This could be South West Water or a contractor employed by them.
- Highway maintenance by the Council. CORMAC is the company that maintains the highway on behalf of the council.
People often refer to illegal development when reporting what they believe to be a breach of planning control. Unauthorised development is not a criminal offence.
The only exceptions are:
- unauthorised works to Listed Buildings and protected trees without consent,
- the removal of protected hedges, advertisements displayed without consent,
- non-compliance with formal enforcement notices.
The Act enables people who have carried out development to apply for planning permission retrospectively to regularise matters.
The LPA must consider these applications the same way as any other. We cannot consider the fact a development has already happened. That cannot prejudice the determination of an application.
