Planning enforcement is a process 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, engineering, mining or other operation in, on, over or under 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 goes on to define a breach of planning control as:
“carrying out 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) is a material consideration in planning terms and supports the Act. The NPPF guides LPAs on how they should manage breaches of planning control and when to take enforcement action. The NPPF August 2026 states:
1. Where there has been unauthorised development and local planning authorities are considering whether enforcement action is expedient, they should take account of their local enforcement plan, the impact of the breach of planning control, and the extent to which the breach would otherwise be acceptable.
2. In cases of unauthorised development where consideration is being given to an application for retrospective planning permission (or through an enforcement appeal, whether to grant planning permission in respect of a breach of planning control), if it is concluded based on evidence that the unauthorised development was intentional, that fact should be given substantial weight in considering whether to grant planning permission.
The two main areas of legislation which cover development are planning legislation and Building Regulations. The main differences are:
We aim to provide a consistently high-quality service about our planning enforcement duties. This is in accordance with the Government’s Enforcement Concordat principles of:
Compliance with these principles runs through the plan.
Planning laws are designed to manage, and where necessary, control the development and use of land and buildings in the public interest. They are not intended to protect the private interests of one person against the activities of another.
We will not start formal planning enforcement action just to regularise breaches in planning control or seek a planning fee. In taking formal planning enforcement action the council will use whichever available enforcement power or combination of powers that can best deal with an identified breach of planning control. The council will have regard to the development plan and any other material planning considerations.
When it is technically possible to take enforcement action the council is required to decide whether such formal action would be ‘expedient’. This means that formal action is discretionary, and all the relevant planning circumstances must first be considered. In considering ’expediency’ the decisive issue is whether the breach would unacceptably harm public amenity. Any enforcement action should be proportionate to the breach. This duty means that we would not be acting correctly if we enforced against every breach of planning control in Torbay. There will be cases where there is a breach of planning legislation, but the breach or harm is so minor that action cannot be justified i.e. it is not expedient to pursue the case.
The planning enforcement team will not take formal action against a minor breach of control that causes no real planning harm or adverse impact on the amenity of the site or the surrounding area, or where development is acceptable on its planning merits and formal enforcement action would solely be to regularise the development.
If it is proved that a breach of planning control has occurred, the Planning Enforcement team will try to resolve the matter initially by negotiation. Where there is a breach of planning control causing significant and irreversible planning harm, the council may take enforcement action without any negotiation.
The enforcement of planning law is particularly complex and needs to strike a balance between:
We assess each case consistently and equitably against adopted policies and all material planning considerations. We record any breach of planning control and may advise the developer and/or landowner, as appropriate. This is in line with Government advice set out in the National Planning Practice Guidance (NPPG) which states:
“Enforcement action should, however, be proportionate to the breach of planning control to which it relates and taken when it is expedient to do so. Where the balance of public interest lies will vary from case to case”.
In defending planning enforcement action on appeal and in the courts, we have to show that:
Individual factors or a combination of factors can cause planning harm. What could be considered harmful in one circumstance may not be considered harmful in others and a judgement will be required.
Material planning considerations include (but are not limited to):
Matters that are not considered to be material considerations include:
It may be possible to address issues such as these using civil action, though this is a matter for the individual to pursue and is not an area where the LPA would be involved. You can find advice from a Solicitor or the Citizens Advice Bureau.