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
Pembury
Tunbridge Wells Borough Council made an application to the High Court, Kings Bench Division for an injunction under s.187B of the Town and Country Planning Act 1990 against all persons with an interest in the Land lying to the the South East of Redwings Lane, Pembury, Tunbridge Wells and all persons who intend to carry out development on that land (“Persons Unknown”).
You can view the Injunction Order dated 20 April 2026 (PDF).
The evidence documents submitted in support of this injunction can be viewed on the Redwings Lane evidence documents page.
Kilndown
Tunbridge Wells Borough Council made an application to the High Court, Kings Bench Division for an injunction under s.187B of the Town and Country Planning Act 1990 against all persons with an interest in the 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”).
On 4 June 2026 the Court varied the Injunction Order and ordered that it continue until further order and directed that the case be listed for a further hearing on the first available date after 16 July 2026.
You can view the Injunction Order dated 4 June 2026.
Notice of hearing
The hearing of the Claimant’s application for the continuation of the section 187B Injunction has been listed for:
- 7th October 2026 for half a day before a High Court Judge, in person.
The Judge and time of the hearing will be confirmed on the working day before on the Daily Cause List (from 3pm), on the GOV.UK 'What do you want to view from Royal Courts of Justice?' webpage.
The evidence and documents submitted in support of the Council's application can be viewed on the Kilndown evidence page.
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.