Planning enforcement is a crucial part of ensuring that the development and the use of land and buildings align with local planning policies, regulations and planning permissions that have been granted. A local Authority’s planning enforcement team is responsible for ensuring compliance with these policies and regulations and for upholding the quality and character of the borough's built environment.
If you are subject to a planning enforcement investigation you may want answers to the following questions:
Is building without planning permission illegal?
Can I start building before planning permission?
Does planning permission expire once work has started?
How big can a building be without planning permission?
What is retrospective planning permission?
If so you are encouraged to read on to understand more about the Local Planning Authority’s Enforcement function and how FJ Urban Planning can help you.

Under the Town and country planning act planning permission is required for all development involving building and engineering works on, in, over and under land. In this context undertaking buildings works without planning consent is a breach of planning law, as such home owners and developers should always in the first instance obtain planning permission prior to undertaking a building project to avoid enforcement investigations and potential action being taken against them. In the event that the Council take enforcement action this is typically in the form of an enforcement notice. Ignoring a planning enforcement notice is not recommended and there are many options for you to consider instead such as applying for retrospective planning permission. A retrospective consent can be used to regularise unauthorised building works through a planning application. An enforcement notice appeal can also be a way to dispute the Council’s reasons for issuing the notice in the first instance. Notwithstanding this, planning applications for retrospective consent can be refused and planning enforcement appeals can be dismissed.
Planning Enforcement Steps
The planning enforcement process begins when the council receives a complaint or notification of an alleged breach of planning control. This could be anything from unauthorised development taking place to an unauthorised material change of use as a result of letting spare rooms through airbnb. Once a complaint has been received, the planning enforcement team will carry out an investigation to determine whether a breach of planning control has occurred. This may involve site visits, reviewing plans and documents, and gathering evidence.
If the investigation finds that a breach of planning control has occurred, the planning officer may take appropriate action to address the issue. This could involve negotiating with the offending party to try and find a resolution, or issuing a formal Council planning enforcement notice or listed building enforcement notice requiring the offending party to remedy the breach. If the offending party fails to comply with an enforcement notice, the council may take further action, such as issuing a fine or pursuing legal action. If you are facing a planning enforcement investigation, hiring an experienced planning consultant can be a valuable resource. FJ Urban Planning Ltd can help you to understand the investigation process and your rights, and provide guidance on how to respond to the planning authority.

It is important to note that planning enforcement is not always about punishing those who break the rules, but rather about ensuring that development and land use is carried out in a way that is consistent with the local planning policies and regulations. These policies and regulations are in place to protect a borough's residents and to preserve the quality and character of the built environment. There are several ways in which individuals and businesses can avoid becoming subjects of enforcement investigations in the first instance. One way is by engaging with your respective local planning authority to find out whether planning permission is required for the development you intend to carry out. This can be done through the council's website or by contacting the planning team directly. Another way to is to familiarize oneself with the local planning policies and regulations, to determine whether any development project you intend to undertake is carried out in accordance with these policies. This not only helps to ensure compliance, but it can also help to avoid the costly and time-consuming process of having to remedy a breach of planning control. Overall, planning enforcement is a crucial part of maintaining the quality and character of the built environment. Its purpose is to ensure compliance with local planning policies, regulations and planning permissions granted for residents and businesses to enjoy an environment that is well-planned and sustainable for future generations. If you are subject to an enforcement investigation FJ Urban Planning will act on your behalf and can review the evidence against you and advise you on the best course of action to take. This may involve negotiating with the planning authority or preparing a defense for an appeal and ultimately helping to ensure that your interests are protected.
How long does planning permission last
Typically a 3 year implementation time limit is attached to a planning permission however this time frame can vary on a case by case basis. Section 56 of the Town and Country Planning Act 1990 describes the operations that need to take place in order for development to have lawfully commenced. For example partial demolition of a building can be an indicator that development has commenced under section 56, but this will depend on the specific circumstances of the case. If the partial demolition is part of the development that has been previously approved, and it does not represent a significant change from the approved plans, then it may be considered as commencing development under section 56. However, if the partial demolition represents a significant change from the approved plans, or if it is not part of the approved development, then it may not be considered as commencing development under section 56.
For example, if a property developer or homeowner has obtained planning permission to carry out works to a building, involving the replacement of windows or doors, and they carry out a partial demolition of the building as part of these works, this may be considered as commencement of development under section 56. However, if the developer carries out a significant demolition of the building, such as removing entire floors or structural elements in order to introduce new windows, this may not be considered as commencing development under section 56, as it would represent a significant change from the approved plans. In summary, partial demolition of a building can be an indicator that development has commenced under section 56 of the Town and Country Planning Act 1990, but this will depend on the specific circumstances of the case. Often a Certificate of lawfulness is a prudent way to get confirmation from the Council that no breaches of planning controls have occurred.
Conclusion
If you are subject to an enforcement investigation and require planning advice in London and home counties it is worth speaking to a town planning consultant. Using the expertise of a planning advisor in London and planning permission expert will save time and money. If you are subject to an investigation or would like to understand how you could be potentially exposed to enforcement action, do get in contact to discuss further.
Fidel Miller MRTPI
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