You may not commit a criminal offence but the work will be
unauthorised, and any work that contravenes the TCPA will attract
enforcement action.

The first step in this is for you to be given the opportunity to apply
for retrospective permission. Now, if it is likely that retrospective
permission will be granted and the unauthorised work is relatively
minor, then it is a judgement call on the merits and public interest
in the LA pursuing the matter.

However, the LA is responsible for safeguarding the interest of the
public, and therefore has a duty to take any necessary action to
uphold the context and spirit of the TCPA.

It certainly is not correct that one can simply build without proper
prior permission on the basis of ones own assumption that the work
would be acceptable. Nor is it correct that the LA can not take
enforcement action - they are obligated and granted the power by
Statute to take any necessary action.

dg



Tony Bryer wrote in message ...
In article , Dg
wrote:
I don't agree that one can just build on the basis that you are
certain that the LA will allow it. That would lead to an anarchic
situation and would negate the purpose of planning control.

Building without planning consent is not an offence and a LA cannot
take enforcement action in respect of such work unless they are of
the opinion that PP would have been refused if it had been applied
for. So, in theory anyway, you can just get on and build, but in
such circumstances the LA is likely to be fairly creative in
thinking of reasons why it would not have given PP