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What is planning enforcement

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:

  • Planning deals with the development in principle. Is the development acceptable in terms of the visual impact, the amenity, amongst others. How does it fit in with neighbouring development, and the character of surrounding development?
  • Building Regulations deal with the construction. Through a variety of legislation, the service administers and enforces a framework of national technical standards covering the design, construction, extension, adaptation, and use of all types of buildings. Customers should send concerns about building regulations issues to the Council’s Building Control Team.

1.2  The principles of good planning enforcement

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:

  • Clear standards.
  • Openness.
  • Helpfulness.
  • Proportionality.
  • Consistency.
  • Providing a complaint procedure.

Compliance with these principles runs through the plan.

How planning enforcement responds to a breach

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: 

  • The rights of individuals to use or alter their property in the way they wish.
  • The need to safeguard the character and quality of neighbourhoods.
  • The need to uphold the planning policies for the local area to protect the public interest.

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:

  • The relevant procedures have been followed, and
  • That national and local policy on planning and enforcement has been considered.

Material planning considerations

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):

  • Development Plan documents.
  • Supplementary Planning Documents.
  • The Statement of Community Involvement.
  • The Annual Monitoring Reports.
  • Government planning guidance.
  • The council’s Corporate Policies.
  • Highway safety and traffic levels.
  • Noise, disturbance and smells resulting from the proposed development.
  • Design, appearance and layout or impact on the appearance of the area.
  • Harm to designated landscapes such as National Landscapes (formerly Area of Outstanding Natural Beauty (AONB)), Conservation Area (CA), World Heritage Site (WHS), etc.
  • Harm to heritage assets, for example, a listed building.
  • Increased risk of flooding.
  • Loss of residential amenity to an existing building, e.g. excessive overlooking of windows or gardens, loss of light, or overbearing by large new buildings too close to property boundaries.
  • Need to safeguard the countryside or protected species of plant or animal.
  • Planning case law and previous decisions.
  • The need for the development.
  • The planning history of the site.

Matters that are not considered to be material considerations include:

  • Private property rights such as covenants.
  • Effect on the value of your property.
  • Loss of a private view.
  • Private neighbour disputes.
  • Competition caused to another business.
  • Loss of an individual’s view or trespass onto their land.
  • Ownership disputes.

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.

Next - What is or is not a breach of planning control?