Planning enforcement and unauthorised development

Development requiring planning permission includes:

• most types of building works
• engineering works
• material changes of use to land including buildings.

Development undertaken in breach of a planning permission may include failure to comply with plans or conditions which are incorporated into a planning permission. Planning enforcement also investigate complaints about untidy land or buildings which adversely affect amenity. Consent is required for works to listed buildings, works to protected trees and to display advertisements.

Councils are encouraged to produce a Local Enforcement Plan to set out how they will manage enforcement proactively and respond to breaches of planning control. This document is the Enforcement Plan for East Riding of Yorkshire Council's Planning and Development Management Service. The Plan sets out how planning enforcement is delivered and the principles adhered to control harmful development and to maintain trust in the planning system. The plan encompasses all of Planning and Development Management Services functions including protected trees and listed buildings.

Planning Enforcement Plan 2019 (pdf 409kb)

Anyone receiving an enforcement notice for unauthorised development has a right of appeal. There is no fee for making an appeal, unless also applying for planning permission. All appeals must be received before the date the enforcement notice takes effect. Appeals are normally decided within 36 weeks.

How to appeal an enforcement notice

The government encourages developments relating to tourism, so long as approved holiday accommodation is not used as a person’s sole or main place of residence. This helps to protect the countryside, prevent excessive pressures on local services and delivers sustainable objectives.

Many developments within the East Riding of Yorkshire provide self-catering holiday accommodation, such as caravans, cabins and building conversions, which would not have been approved unless the accommodation is used for holiday purposes only.

In deciding whether holiday accommodation breaches occupancy conditions, factors include:

• Whether the occupier spends the majority of their time in the accommodation
• Whether the occupier receives their mail at the accommodation
• If the occupier is registered to vote at the accommodation, or is registered with a local GP or dentist
• If the occupier’s child or children attend a school local to the accommodation
• If the occupier or their family carries on employment or business when based at the accommodation.

Read more detailed holiday accommodation guidance.

Planning Enforcement Plan 2019 (pdf 409kb)

This plan was approved on 15 October 2019. We aim to review the plan regularly, and if you wish to make any comments please email them to:

Email: planningenforcement@eastriding.gov.uk