Planning > Planning enforcement
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Building and Approved Inspectors (Amendment) Regulations 2010
13 May 2010
SI 2010/719 amends a number of areas of building regulation, including exemptions for conservatories and porches; ventilation system maintenance; target carbon dioxide emission rates and amendments to new...
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Other types of enforcement
27 April 2010
Where planning permission has been granted subject to a condition that is not being complied with, the LPA may serve a breach of condition notice. The notice specifies...
Summary
Where there has been a breach of planning control, 'enforcement action' may be taken by a local planning authority (LPA) or by the Secretary of State. This section considers enforcement action in terms of issuing and serving enforcement notices or breach of condition notices. Further forms of enforcement provided by planning legislation are included, including stop notices, injunctions, and measures concerned with amenity, trees, advertisements and conservation. Practical matters relating to enforcement appeals are also discussed.
This section is maintained by Richard Smith, LLB, Solicitor, and lecturer in law at Sheffield Hallam University.
Resources
- Glossary
- Building regulations
- Legislation
- Building and Approved Inspectors (Amendment) Regulations 2010
- Planning (Listed Buildings and Conservation Areas) Act 1990
- Planning and Compulsory Purchase Act 2004
- Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2007
- Town and Country Planning (Control of Advertisements) Regulations 1992
- Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002
- Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003
- Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002
- Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003
- Town and Country Planning (Enforcement) (Hearings Procedure) Rules 2002
- Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002
- Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002
- Town and Country Planning (Enforcement) (Written Representations Procedure) (Wales) Regulations 2003
- Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005
- Town and Country Planning (Trees) Regulations 1999
- Town and Country Planning Act 1990
- Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003
- RICS practice standards
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Worksmart tools
- Contract Administrator
- ProForms
- Survey Writer
- Introduction to enforcement notices
- The contents of an enforcement notice
- Nullity and invalidity
- The Mansi principle
- Initiation of enforcement
- Grounds for issuing an enforcement notice
- Service of an enforcement notice
- Breach of planning control
- Time periods for enforcement against a breach of planning control
- Compliance with an enforcement notice
- Non-compliance with an enforcement notice
- Penalties for non-compliance
- Execution and cost of works
- Under-enforcement
- Other types of enforcement
- Appeals against an enforcement notice
- The Planning Contravention Notice - sections 171C and 171D
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Planning enforcement cases
- Arun DC v First Secretary of State (2006)
- Badcock v Hertfordshire CC (2002)
- Davy v Spelthorne BC (1984)
- Dilieto v Ealing London Borough Council (1998)
- East Lindsey DC v Thompson (2001)
- Fidler v First Secretary of State (2004)
- Jarmain v Secretary of State for the Environment Transport and the Regions (2000)
- Kent CC v Brockman (1996)
- London Corporation v Cusack-Smith (1955)
- Mansi v Elstree RDC (1964)
- Miller-Mead v Minister of Housing and Local Government (1963)
- Murfitt v Secretary of State (1980)
- Prossor v Minister of Housing and Local Government (1968)
- Prosser v Sharp (1985)
- R v Beard (1997)
- R v Browning (1996)
- R (Keeley) v Canterbury Crown Court (2003)
- R v Ealing London Borough Council ex p Zainuddain (1995)
- R v Jenner (1983)
- R v Secretary of State ex p Ahern (1989)
- R v Secretary of State ex parte JBI Financial Consultants (1989)
- R v Sevenoaks DC ex p Palley (1994)
- Ragsdale v Creswick (1984)
- R v Teignbridge DC ex parte Teignmouth Quay Co. Ltd (1995)
- R (Welwyn Hatfield Council) v Secretary of State (2010)
- Romer v Haringey London Borough Council (2006)
- Sage v Secretary of State [2003] UKHL 22
- ScarboroughBC v Adams (1983)
- Somak Travel v Secretary of State (1988)
- South Buckinghamshire DC v Porter; Chichester DC v Searle; Wrexham County BC v Berry; Hertsmere BC v Hatty (2003)
- Stevens v Bromley LBC (1972)
- Thurrock BC v Secretary of State[2002] CA
- Vale of White Horse DC v Treble-Parker (1996)
- Van Dyck v Secretary of State (1993)
- Fidler v Secretary of State (2010)
- Further information on planning enforcement