Breach of Condition Notices

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Breach of Condition Notices

Planning Permission is often granted subject to conditions, for example requiring a landscaping scheme to be carried out. If the condition is not complied with, as an alternative to an ordinary Enforcement Notice, a Breach of Condition notice can be served.

This Notice may be served on any person who is carrying out or has carried out the development. As there is no right of appeal to a Breach of Condition Notice, if after a specified time the recipient does not comply with the Notice, they are in breach of the Notice and guilty of an offence. However, it shall be a defence for a person charged with an offence to prove that he took all reasonable steps to secure compliance with the conditions specified in the notice or when the notice was served he no longer had control of the land.

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