Not everything needs planning approval
What is a breach?
A breach of planning control is when the planning rules are broken, normally because something takes place without the required planning permission or consent.
Common breaches are:
- Putting up buildings, fences, walls without permission
- Extending buildings without permission
- Changes of use of land or buildings e.g. from a house to a shop
- Carrying out development not in accordance with approved plans
- Not complying with the conditions of a planning permission
Carrying out works/activity without first obtaining the required planning permission/consent s not illegal but may result in formal action by the council. . Reports of potential breaches will be investigated and we will look to remedy the problem first before considering whether formal action is necessary and in the public interest, based on the level of planning harm that is caused.
Not all new buildings or extensions or changes of use need planning permission from the council as many may be deemed ‘permitted development’ under national legislation (for example the Town and Country Planning (General Permitted Development) Order 2015 (as amended). More information on whether a project falls within ‘permitted development’ can be found on the Planning Portal:
Interactive guidance - Interactive guidance - Planning Portal
What is not a breach of planning control/what we cannot investigate
This list has a few examples of matters which, of themselves, are not breaches of planning control. Enforcement action cannot be taken by the council but other legislation may be able to resolve them:
- Highways issues such as parking of vehicles on grass verges
- Clearing land of undergrowth, bushes and trees (provided they are not protected trees)
- Waste and minerals development (which is looked after by Kent County Council)
- Land ownership and boundary disputes
- Private covenants
Criminal breaches
A breach of planning control is unlawful, but normally does not constitute a criminal offence. However, there are exceptions. The following are criminal offences:
- 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 protected tree without consent
It is also illegal to place "A" Frames advertising businesses on the highway without the consent of the Highways Authority (Kent Highways). If "A" Frames are placed on the highway without the necessary consents, the council reserve the right to remove them as litter.
