Failure to comply with planning enforcement—criminal liability and direct action

Copyright © 2025 LexisNexis
Published by a LexisNexis Planning expert
Practice notes

Failure to comply with planning enforcement—criminal liability and direct action

Copyright © 2025 LexisNexis

Published by a LexisNexis Planning expert

Practice notes
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Under the Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach of planning control means:

  1. •

    carrying out development without the required planning permission—this requires that unauthorised operations or a material change of use which constitute development within the meaning of TCPA 1990, s 55 have occurred, and that planning permission is required for that development and has not been obtained

  2. •

    failing to comply with any condition or limitation subject to which planning permission has been granted—this includes any of the limitations or conditions applied to individual permitted development rights in the Town and County Planning (General Permitted Development) (England) Order 2015, SI 2015/596 in England and the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 in Wales

See Practice Note: Planning—enforcement for more information on planning breaches.

TCPA 1990, s 171A defines ‘taking enforcement action’ as the issue of an enforcement notice, the service of a breach of condition notice, and in England, from

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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