What is a Breach of Planning Control?

Unauthorised development taking place without the necessary permission or formal consent from Ashford Borough Council. This could include the following:

• Certain changes of use of land or buildings; e.g. from a house to a shop, or,
  
• The erection of certain buildings without permission (note that within residential gardens there are certain rights to erect small buildings and extensions without planning permission. For further information see Do I Need Planning Permission?
  
• The carrying out of development not in accordance with an approved plan.
  
• Not complying with conditions of a planning permission.
  

The following are also breaches of planning control which may involve a criminal offence and may result in prosecution:

• Carrying out works to a listed building without listed building consent.
  
• Displaying certain signs or advertisements without advertisement consent.
  
• Felling or carrying out works to a tree which is the subject of a Tree Preservation Order or is situated within a Conservation Area. ie protected trees.

What is not a Breach of Planning Control

The following are examples of activities, which are not breaches of planning control, and therefore no enforcement action can be taken under the planning legislation.

• Parking of commercial vehicles on the highway in residential areas or on grass verges.
  
• Operating a business from home where the residential use remains the primary use and there is no adverse impact on residential amenity.
  
• Parking a caravan within the residential boundary of a property provided that it is ancillary to the dwelling i.e. it is stored or used as an extra bedroom.
  
• Clearing land of undergrowth, bushes and trees provided they are not protected trees.
  
• Land ownership or boundary disputes.

How quickly are Planning Breaches investigated?

We see enforcement action as a crucial component of controlling development. All reports of possible breaches of planning control are taken seriously and investigated as quickly as possible in accordance with a priority system. Obviously, more serious breaches must be investigated immediately, e.g. felling of protected trees and unauthorised work to listed buildings. All other lower priorities are dealt with within agreed timescales, subject to the availability of Officers.