Planning enforcement

Advertisements - is defined in section 336(1) of the Town and Country Planning Act 1990 (as amended) as “any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the previous provisions of this definition) includes any hoarding or similar structure used or designed, or adapted for use and anything else principally used, or designed or adapted principally for use, for the display of advertisements.”

Advertisement Control - the process whereby a local planning authority decides whether an advertisement which is being displayed, or about to be displayed, is acceptable in terms of amenity and public safety and is being displayed in accordance with the Town and Country Planning (Control of Advertisements) Regulations.

Amenity - the pleasant or normally satisfactory aspects of a location, which contribute to its overall character and the enjoyment of residents or visitors.

Appeal - the process whereby an applicant can challenge an adverse decision on an application by means of written representations, an informal hearing or formal inquiry proceedings. Appeals can also be made against the failure of the planning authority to issue a decision, against conditions attached to a permission and against the issue of an enforcement notice.

Building Control Regulations - are minimum standards for design, construction and alterations to virtually every building

Change of Use - more correctly referred to as a 'material change of use'. A change in the use of land or buildings that is of significance for planning purposes, often requiring planning permission.

Complaint – a report of suspected breach of planning control

Conditions - stipulations attached to a planning permission to limit or direct the manner in which a development is carried out.

Conservation Area - an area given statutory protection under the Planning Acts, in order to preserve and enhance its character and townscape.

Construction Management Plans - Helping to minimise the impact of construction Sometimes we require developers and contractors to prepare a Construction Management Plan (CMP) to help minimise the impact of construction

Deemed Consent - this allows the display of certain "specified classes" of advertisement without first having to make an application to the local planning authority. Under the Control of Advertisements Regulations there are 14 Classes, all of which are subject to strict conditions and limitations.

Development - the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or land.

Development Plan - document (usually a local plan, Core Strategy and other adopted planning policy documents) that sets out in writing and/or in maps and diagrams a local planning authority's policies and proposals for the development and use of land and buildings in the authority's area

Express Consent - this is needed to display an advertisement, which does not benefit from deemed consent under the Town and Country Planning (Control of Advertisements Regulations).

Enforcement - procedures by a local planning authority to ensure that the terms and conditions of a planning decision are carried out, or that development carried out without planning permission is brought under control.

Established use - a use which does not conform to a plan but against which enforcement proceedings cannot be taken, often because of the length of time a use has been in operation.

Expediency – a review of whether a breach of planning control causes material harm or adverse impacts and compliance with planning policies to establish if further enforcement action will not be warranted.

General Permitted Development Order (GPDO) - the Town and Country Planning (General Permitted Development) Order 1995 grants rights (known as permitted development rights) to carry out certain limited forms of development without the need to make an application for planning permission.

Lawful Development Certificate - a procedure by which existing or proposed uses and other forms of development can be certified as lawful for planning purposes. An application has to be made to the local planning authority and there is a right of appeal against their decision.

Listed building - building or other structure of special architectural or historic interest included on a statutory list and assigned a grade (I, II* or II). Listed Building Consent - a permission required for the alteration or demolition of a listed building.

Local Plan - statutory development plan prepared by a local planning authority setting out detailed policies for environmental protection and development.

Local Planning Authority - the local authority or council that is empowered by law to exercise planning functions. This is normally the local borough or district council, but in National Parks and some other areas there is a different arrangement.

Material Consideration - a matter which should be taken into account in deciding on a planning application or on an appeal against a planning decision.

Permitted Development Rights - rights to carry out certain limited forms of development without the need to make an application for planning permission, as granted under the terms of the Town and Country Planning (General Permitted Development) Order 1995.

Planning permission - in simple terms, it is like asking if you can do a certain piece of building work. It will be granted (possibly subject to certain conditions) or refused.

Planning Obligations and Agreements - legal agreements between a planning authority and a developer, or offered unilaterally by a developer, ensuring that certain extra works related to a development are undertaken, usually under Section 106 of the Town and Country Planning Act 1990.

Section 106 Agreement - a binding agreement between a council and a developer associated with a grant of planning permission and regarding matters linked to the proposed development.

Supplementary Planning Guidance - additional advice issued by a local planning authority expanding upon its statutory policies.

Tree Protection Orders - a Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. An Order prohibits the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees without the local planning authority’s written consent.