Planning breach and enforcement

A breach of planning control is not a criminal offence. The purpose of planning enforcement is to resolve the problem rather than to punish the mistake. The council is not required to take any particular action on a specific breach of planning control, and may decide that no action is necessary.

Where a development has been carried out without the necessary planning consent the council will investigate to see if breaches have taken place. Where conditions attached to a planning consent have not been complied with, the council will seek to enforce those conditions.

Examples of planning breaches include:

• lack of development rights or planning permission
• unauthorised development within a conservation area
• violation of Tree Preservation Orders
• unauthorised advertisements
• unpermitted alteration to a listed building
• an unauthorised change of use
• conditions attached to an approved development are not adhered to.

Any concern should be raised with the council. Enquiries by telephone, or in person, must be followed up in writing or by email. You should provide the following:

• the address of the property concerned
• details of the suspected breach of planning control, with times and dates if relevant
• your name and contact details
• information on how the breach affects you
• whether the enquiry is to be treated confidentially

If checks suggest a breach of control has occurred, you will receive a formal response from us, within 20 working days, detailing:

• if additional investigation is required
• proposed action to be taken

If a breach of planning has occurred, we may serve a planning enforcement notice. This can require the developer, or individual, to:

• remove the breach of planning control
• adhere to the conditions laid down in their planning permission
• apply retrospectively for permission.

Enforcement notices issued in North Ayrshire can be found in our Enforcement Register on ePlanning.

Planning enforcement charter document - a guide to enforcing planning controls in North Ayrshire.