4.0 What is a breach of planning control?

4.1 A breach of planning control occurs when one of the following takes place:

• Carrying out of operational development (building or other works) without the required planning permission.
• Carrying out of material changes of use without planning permission.
• Failing to comply with a condition or limitation subject to which planning permission was granted.
• Carrying out of works to a Listed Building without the relevant permission(s).
• Unauthorised works to a tree protected by a Tree Preservation Order or works carried out to trees within a Conservation Area.
• The display of advertisements without advertisement consent.
• The neglect of land or buildings to an extent which causes harm to the amenity.
• Failure to comply with Section 106 Agreements/undertakings.
• Engineering operations such as the raising or lowering of ground levels and formation of earth bunds; carried out without the benefit of planning permission.
• Not building in accordance with the approved plans (following the granting of planning permission).

4.2 Most breaches of planning control are not, in themselves, criminal offences. Under current legislation the potential commission of a criminal offence ordinarily only arises if the requirements of a notice that has taken effect and have not been complied with in the time required within the notice. However, certain breaches of planning control do constitute a criminal offence from the outset. Such breaches include:

• Unauthorised works to a Listed Building, without the necessary consents.
• Unauthorised works to a Protected Tree or tree within a Conservation Area.
• The display of Advertisements which do not benefit from deemed consent.