What happens if I breach planning permission?
What happens if I breach planning permission?
However, failure to comply with a planning enforcement notice is a criminal offence, which carries with it the risk of heavy fines and ultimately imprisonment. A failure to comply with a condition of a planning permission may be enforced against by a breach of condition notice.
Is breach of planning a criminal Offence?
A breach of planning control is not usually a criminal offence, however, carrying out unauthorised works to a listed building, the unauthorised display of advertisements or damage to a protected tree may involve a criminal offence.
What is the enforcement period for lack of planning consent?
within 4 years for an unauthorised change of use to a single dwellinghouse; within 10 years for any other breach of planning control (essentially other changes of use).
What happens in a breach of planning permission?
The enforcement notice normally requires them to either cease the activities or take such steps as may be specified in the notice to remedy the breach. However planning control breaches become criminal where they continue to occur in breach of a valid effective enforcement notice.
What is the maximum penalty for planning infringement?
The maximum penalty that can apply to prosecution in the Magistrates’ Court is 1,200 penalty units. Planning infringement notices, enforcement orders, and interim enforcement orders can also require that measures be taken to resolve the issue.
What is the penalty for not complying with a planning notice?
If the notice is upheld, the penalty for failure to comply is a fine of up to £20,000 on summary conviction or an unlimited fine on indictment. Enforcement action Enforcement action is discretionary and local planning authorities are told to act in a proportionate way in responding to suspected breaches of planning control. The
What does it mean to fail to obtain planning permission?
The failure to obtain planning permission or comply with the details of a permission is commonly known as a ‘planning breach’. A planning breach usually occurs when: A development that requires planning permission is undertaken without the permission being granted – either because the planning application was refused or was never applied for.
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