Planning enforcement
Whilst it is not always a criminal offence to carry out development without planning permission, it may still constitute a contravention of planning laws and the council has the power to enforce those laws.
Planning breaches
As well as breaches we find through our work, many enforcement complaints are made by local residents.
Breaches of planning include:
- unapproved works to a listed building
- unapproved works to a protected tree
- non compliance with approved plans
- non compliance with conditions imposed on approved plans
- unauthorised development or changes of use of land or buildings
- display of certain advertisements without consent
What we can't investigate:
- boundary or party wall disputes
- covenant or deed disputes
- obstruction of a highway
- right-to-light issues
How do I report a possible planning breach?
You can report a possible planning breach online.
Planning law can be complicated and this information is only a guide to the enforcement procedures and the powers of the council. Our investigation officers work in accordance with our 'Planning Enforcement Strategy'. This strategy should be read in addition to the more general 'Corporate Enforcement & Prosecution Strategy'.
Please note that we may publish details of alleged breaches on our website.
Injunctions
Tunbridge Wells Borough Council has made an application to the High Court, Kings Bench Division for an injunction under s187B of the Town and Country Planning Act 1990 against all persons with an interest in the land at Land between Kilndown Poultry Farm and Evanden Farm, Church Road, Kilndown, Cranbrook, Kent and all persons who intend to carry out development on that land (“Persons Unknown”)
The details of the injunction and application, heard on 16 and 23 May 2025 and are set out in the following documents:
- Sealed Court Order dated 23 May 2025
- Sealed Court Order dated 16 May 2025
- Sealed Claim Form and Details of Claim
- Application Notices
- Witness statements of Planning Compliance Officer
- Witness statement of Planning Investigation Officer
- Witness statement of Legal Officer
- Claimant’s Skeleton Arguments
- Note of hearing (16.05.25)
A copy of the Court Order dated 16 May 2025 and the documents listed above (2-9), can be viewed at: Kilndown Injunction
Some documents on this page may not be in an accessible format. If you require any documents in an accessible format, please complete our online form to request them.