Planning Breaches
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.
This webpage was updated on
1/9/2008