Tell us what you think about our site... What is a breach of planning control? - Warwick District Council
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The following list sets out the main scenarios in which a breach of planning legislation may be considered to have occurred

  1. Building and engineering works undertaken without planning permission.
  2. Material changes in the use of land or buildings undertaken without planning permission.
  3. The undertaking of works that are materially different from the planning permission granted or which do not comply with either the conditions imposed on a planning permission or the requirements of a legal agreement relating to that permission.
  4. Unauthorised works to Listed Buildings.
  5. Unauthorised works to trees protected by Tree Preservation Orders (TPO) trees; trees in Conservation Areas and rural agricultural hedgerows.
  6. The unauthorised display of advertisements.
  7. The poor condition of land impacting on the visual amenities of the wider area.

It should be noted that in addition, the unauthorised works listed at 4, 5 and 6 also comprise a criminal offence.

What isn’t a breach of planning control?

  1. Buildings or extensions which do not require planning permission: planning legislation makes provision for a wide range of building works which can be undertaken using what are known as permitted development rights.
  2. Changes in the use of land and buildings which are not so significant that they comprise a material change of use or which fall within the same use class category.
  3. The display of advertisements which do not require consent: the regulations relating to advertisements allow the advertiser to display certain types of advertisements without the need to make an application to the Council.
  4. Where development has been carried out more than four years ago it is immune from enforcement action.
  5. Where a change of use has existed for more than 10 years it is immune from enforcement action
  6. Where there has been a residential dwelling unit has existed for more than four years it is immune from action.
  7. Issues relating to waste disposal and tipping which are handled by Warwickshire County Council.
  8. Issues within or relating to the adopted highway including for example advertisements displayed within the Highway or on street furniture which are handled by Warwickshire County Council who are the Highways Authority and can be contacted by following the above link.
  9. Issues relating to noise and disturbance; smell nuisance and light pollution which are investigated by the District Council’s Environmental Health Team*
  10. Issues relating to the manner in which buildings or extensions have been constructed or concerning potentially dangerous structures which are handled by our Building Control Team.
  11. Issues relating to compliance with covenants or other legal restrictions which are private civil matters.

* In certain circumstances such issues may be controlled by planning legislation, for example where they are the subject of a condition imposed on a planning permission.

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