A guide to Planning Enforcement in Carmarthenshire

What is, or not a breach of Planning Control?

A breach of planning control could involve such matters as the unauthorised erection of a building or extension to a building, engineering operations, a ‘material’ change of use of land, or the display of unauthorised advertisements and works to listed buildings.
Additionally, a failure to comply with a condition on planning permission may be relevant to planning enforcement. Residents often report issues to the Council which, although they relate to buildings or land, are not always covered under planning enforcement powers. Below is a guide to the complaints which can, and cannot,
be investigated by planning enforcement. For the purposes of this Plan, a breach of planning control is used in the general sense and may include other matters which fall outside the Act.

Planning enforcement issues

  • Unauthorised works to listed buildings;
  • Unauthorised Demolition of buildings or structures in a conservation area;
  • Unauthorised Works to trees subject of a Tree Preservation Order (“TPO”) or any trees in a conservation area;
  • Unauthorised Building works (i.e. extensions, outbuildings, fences, walls);
  • Unauthorised Change of use of buildings and/or land without planning permission (inc. sub-division of houses to flats / Houses in Multiple Occupation or residential caravans) where the change of use is not permitted development*;
  • Unauthorised advertisements and signage;
  • Non-compliance with conditions attached to planning permissions;
  • Not building in accordance with the approved plans of planning permissions;
  • Unauthorised Engineering operations, such as raising of ground levels or earth bunds;
  • Deliberate concealment of unauthorised building works or changes of use
  • Unauthorised mineral extraction
  • Unauthorised treatment or disposal of waste

Non-planning enforcement issues

  • Internal works to a building. This does not include listed buildings; (possibly Building Regulations)
  • Parking of commercial vehicles on the highway or on grass verges;
  • Land ownership/boundary disputes or trespass issues; (Civil issue)
  • Infringements of covenants in property deeds; (Civil issue)
  • Temporary structures/fencing associated with building works; (Highways Section)
  • Dangerous structures or other health and safety issues; (Building Regulations/HSE)
  • Running a business from home where activities do not include employees and the main use is still residential;
  • Devaluing of property; (Civil)
  • Issues relating to party walls (Civil)
  • Issues relating to damage of property or (potential) injury to persons (Housing/civil)
  • Invasive non-native plants (civil unless the plants originate from Local Authority land)