Glossary of terms

Amenity

In planning terms, amenity often refers to the quality or character of an area and elements that contribute to the overall enjoyment of an area. Residential amenity considers elements that are particularly relevant to the living conditions of a dwelling. Inappropriate development can often have a detrimental impact on amenity.

Breach of planning

A breach of planning occurs when a development, use or works have occurred without the relevant planning consent from the Local Authority being obtained, making the development, use or works unauthorised. Please see the types of planning control breaches table for more information.

Challenge letter

Initial letter sent to the owner/occupier of land when a breach of planning control has been identified. The letter will explain the breach, present options to resolve the issue and set a deadline for action. A challenge letter does not represent a form of formal enforcement action.

Complaint or enquiry

A complaint or enquiry made to the Local Planning Authority, intending to report an alleged breach of planning control and requesting investigation of the matter. Please see the information on complaints and enquiries section of this guide for more information.

Council's contact centre

The Council’s customer service helpline. Through telephone and email, can be used to report breaches of planning control or request contact from specific council departments or officers.

Development

Development is defined as the “carrying out of building, engineering, mining or other operations in, on, over or under the land or the making of any material change in the use of any buildings or other land.” Please see the definition of development section of this guide for more information.

Discretionary powers

The Local Planning Authority has the power to make decisions on whether or not to take enforcement action, based on an assessment of material planning considerations and the circumstances around the breach. Please see the expediency, de minimis and immunity section of this guide for more information.

Expediency

In planning terms, this defines the decision on whether formal enforcement action should be taken. The Local Authority has to justify that a breach of planning is expedient (worthwhile) to enforce against and seek action to resolve. Please see the expediency, de minimis and immunity section of this guide for more information.

Formal enforcement action

Forms of action taken by the Local Planning Authority to resolve a breach of planning control. Any action taken will be proportionate with the breach of planning control to which it relates. Please see the formal action and powers available to the local planning authority sections of this guide for more information.

Investigation

The process of the Local Planning Authority looking into an alleged breach of planning control and seeking action to resolve the matter, when required to do so. Please see the how breaches are investigated and assessed section of this guide for more information.

Lawful development certificate

An application made to the Local Planning Authority, to allow an assessment to confirm if a development or use is lawful, and therefore does not require planning permission. May also be referred to as a ‘Certificate of Lawfulness’.

Listed buildings

A building is listed when it is of special architectural or historic interest considered to be of national importance and therefore worth protecting. Listed buildings have no permitted development rights, and most works will require either listed building consent and/or planning permission.

Material change of use

When the change of use of a land or building is not considered to be permitted development, and is materially different to the previous or existing use. Please see the definition of development section of this guide for more information.

Material planning considerations

A material planning consideration is one which is relevant to making the planning decision in question. In planning enforcement, these are used to determine whether a breach is expedient to pursue with formal action. Examples of material planning considerations are impact on visual amenity, impact on neighbouring occupants and impact on highway safety. Factors that are not considered to be material planning considerations will be given little weight when making planning decisions.

Negotiation

The Local Planning Authority may seek to negotiate with a land owner or occupier in order to find a resolution or compromise for a breach of planning control. Not all breaches of planning require formal action. Negotiation can be a useful tool to either resolve a breach or reduce the level of harm down to an acceptable level. Please see the action taken when a breach of planning is identified section of this guide for more information.

Non-compliance with planning permission

When a development carried out has not been done so in accordance with a previous consent or planning permission granted. This can represent a deviation from the approved plans or a breach of conditions imposed on a decision notice. 

Planning committee

Planning committee meetings are public meetings where elected councillors assemble to determine planning applications. Not all applications are referred to panel, typically committee is used to determine contentious applications, such as where there is high public interest or the application is referred at the request of a local councillor.

Planning conditions

Conditions imposed on the decision notice of an approved planning permission. May be used to restrict the development, ensure further information is provided or that the works are carried out in a certain way. A breach of conditions can represent a breach of planning control.

Planning Inspectorate

An independent government body which processes and determines appeals against refused planning applications and enforcement notices. Please see the formal action section of this guide for more information.

Protected trees

Trees that benefit from a Tree Preservation Order (TPO) or are situated within a conservation area. It is a criminal offence to carry out unauthorised works to a protected tree. The Local Planning Authority will investigate alleged unauthorised works and damage to protected trees.

Remedial works

The act of altering or modifying an as built development. When relating to breaches of planning control, this can be at the request of the Local Planning Authority, to either resolve a breach or reduce the level of harm down to an acceptable level.