Planning law in England is incredibly important to follow, and it’s a complex area of law that requires a lot of careful attention. Either the Local Planning Authority (LPA) can find out about the breach or a concerning citizen, in which case he/she can file an Objection Application against your development. Let’s explore some common breaches in England and how they can affect your case.
Planning law is the process by which public authorities control or manage land use, with the aim of promoting sustainable development. Planning regulates kind of work may be done on particular properties, as well as where certain types of buildings are allowed to stand.
It also controls what people are permitted to do within their homes. Planning laws exist because there needs to be some regulation over what happens with the earth’s surface so that everything runs smoothly without any problems arising from either unlawful construction or the disruption of approved work.
It’s hard to say that there is a typical case that would involve breaching planning law because an individual could be prosecuted for breaking just one section of the legislation. Although it is highly likely to receive an Enforcement Notice from the LPA if they find out the breach. As long as you’re not committing any environmental crimes or doing anything within your property without permission, then you probably won’t run into problems with breaching planning laws in England. Let’s take a look at some common breaches in England and how they can affect you:
Occupying land without permission or changing its use
This is perhaps the most important section of planning law in England. This means that if you are developing vacant land, converting it into commercial space, or even allowing someone else to use your home in a way that breaches the terms of your current permission, then you are committing a crime under this section.
Some people might think that they can get away with building an extension without permission, but it’s important to remember that short extensions are almost always not covered by existing permissions and will require planning permission.
If you need to undertake works that would introduce something new or different into an area – whether it is extending your property or changing how it operates – chances are strong that you will need planning permission before starting any work. Even if your home does fall within permitted development rules, there may still be other legal restrictions involved.
Improving your home in a way that breaches permitted development rights
A lot of people think that if they have a property under permitted development rights then they can just carry out any improvement or renovation works that they want on their homes. However, it’s important to remember that just because your home falls within certain rules doesn’t mean you can automatically commence all kinds of works with impunity.
For example, if there is something wrong with the natural look and feel of the exterior of your home – such as an eyesore brick wall – you cannot knock this down and build another one without notifying the Local Planning Authority.
Hiding new structures on or near your property
A lot of people think that they can simply box off their extensions with wooden fencing panels, but this won’t always prevent new structures from being detected by neighbours. The Planning Act allows local authorities the ability to impose restrictions over certain types of fences and walls on properties in order to ensure that no disruption is caused to neighbours.
Letting your property deteriorate beyond what you are allowed
When people think of breaking planning laws in England, they tend to focus too much on completely new projects or actions that would change their properties. However, it’s just as important to maintain the state of existing structures and living conditions at your home – even if it doesn’t look like anyone lives there anymore but somebody does actually live there. If you’re not maintaining your property according to your existing permissions or current requirements, then you can be prosecuted under this section of the act.
The most important thing about breaching planning laws is that you will need professional representation for all kinds of cases related to development works on private land. Consulting with a Planning Consultant is highly recommended if you’re thinking about carrying out any kind of construction or renovation work.
How many types of breaches are there?
There are two types of breaches when it comes to planning law in England
The first type of breach is the more common one that many people are familiar with – like failing to apply for permission when you need it. This is not always an intentional act but is still a breach nonetheless.
The second type of breach in planning law is less commonly known about – like not maintaining your property in accordance with your permissions or current regulations. These are more serious breaches that can impact your case.
How can you avoid breaches?
The absolute best way to avoid breaching planning laws is to always apply for permission first and make sure that your property complies fully with the necessary permissions and regulations before carrying out any development works or renovation work. While it might be tempting to start building before you get formal permission, it’s never worth the risk of penalties as harsh as those available under planning law in England!
Breaching planning laws in England is certainly not something that you want to do because the punishments are incredibly harsh. It’s best to consult with a professional before starting development works on your property. If you’re caught breaching planning laws, then the best thing that you can realistically hope for is to get away with a hefty fine – but there’s no guarantee.
Additionally, if you continue breaking planning laws, then all kinds of restrictions will be placed upon your property and permit permissions revoked altogether making it very difficult for you to carry out any renovation works without having to go through an arduous application process once again.
Planning Enforcement Limited is an expert in dealing with any and all kinds of breaches. We have a team of professionals who have worked for more than 20 years which makes us much more experienced with the Planning Law and its process. Our approach is unique with every case and unlike other Consultant Agencies, we first analyse the case before coming to conclusions. If you are worried that you might have made a breach, then please contact us right away so that we can investigate your situation.