Breach of condition notice - Revision history

Designing Buildings at 08:04, 9 June 2021

2021-06-09T08:04:19Z

← Older revision		Revision as of 08:04, 9 June 2021
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	= Introduction =		= Introduction =

−	A breach of condition notice is a ~~type of~~ warning that may be issued when a condition (or conditions) in a planning permission has not been met. It may also be referred to as a breach of planning control.	+	A breach of condition notice is a warning that may be issued when a condition (or conditions) in a planning permission has not been met. It may also be referred to as a breach of planning control.

	= Authorisation =		= Authorisation =

−	This ~~action~~ is usually served by a local planning authority (LPA). It is authorised under the Town and Country Planning Act 1990 ("the 1990 Act"), which provides for enforcement of planning conditions. It is often issued in instances where a violation is clear and relatively indisputable. It would not be used when there is a question of its validity. It does not apply to breaches under certain circumstances (including those of listed building or conservation area control or oversight for protected trees).	+	This notice is usually served by a local planning authority (LPA). It is authorised under the Town and Country Planning Act 1990 ("the 1990 Act"), which provides for enforcement of planning conditions. It is often issued in instances where a violation is clear and relatively indisputable. It would not generally be used when there is a question of its validity. It does not apply to breaches under certain circumstances (including those of listed building or conservation area control or oversight for protected trees).

−	The notice is intended to force the recipient to secure compliance with the terms of a planning condition, or conditions, specified by the LPA that served the notice. Serving the notice is primarily meant to address a violation quickly as a measure to circumvent a potential public safety issue or prevent environmental damage.	+	The notice is intended to force the recipient to secure compliance with the terms of a planning condition, or conditions, specified by the LPA that served the notice. Serving the notice is primarily meant to address a violation quickly, for example, as a measure to circumvent a potential public safety issue or prevent environmental damage.

	= Further legal action =		= Further legal action =

−	A breach of planning control rules is not illegal, but if a request to address the situation is disregarded, the LPA may opt to serve a breach of condition notice as a form of enforcement. The breach of condition notice may also be served in addition to other types of enforcement notices.	+	A breach of planning control rules in itself is not necessarily illegal, but if a request to address the situation is disregarded, the LPA may opt to serve a breach of condition notice as a form of enforcement. The breach of condition notice may also be served in addition to other types of enforcement notices.

	If the period for compliance under the notice has expired and the situation has not been fully resolved, the responsible party will be guilty of violating section 187A(8) and (9) of the Town and Country Planning Act 1990. Prosecution may then move forward.		If the period for compliance under the notice has expired and the situation has not been fully resolved, the responsible party will be guilty of violating section 187A(8) and (9) of the Town and Country Planning Act 1990. Prosecution may then move forward.

Editor at 17:11, 8 June 2021

2021-06-08T17:11:29Z

← Older revision		Revision as of 17:11, 8 June 2021
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	* Town and Country Planning Act		* Town and Country Planning Act
	* Town and Country Planning (Local Planning) (England) Regulations 2012.		* Town and Country Planning (Local Planning) (England) Regulations 2012.
−	* Town planning.

	= External resources =		= External resources =

Editor at 17:07, 8 June 2021

2021-06-08T17:07:18Z

← Older revision		Revision as of 17:07, 8 June 2021
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	= Further legal action =		= Further legal action =

−	A breach of planning control rules is not illegal, but if a request to address the situation is disregarded, the LPA may opt to serve a breach of condition notice as a form of enforcement. The notice may also be served in addition to an enforcement ~~notice (as an alternative to a stop notice)~~.	+	A breach of planning control rules is not illegal, but if a request to address the situation is disregarded, the LPA may opt to serve a breach of condition notice as a form of enforcement. The breach of condition notice may also be served in addition to other types of enforcement notices.

−	If the period for compliance has expired and the situation has not been fully resolved, the responsible party will be guilty of violating section 187A(8) and (9) of the Town and Country Planning Act 1990. Prosecution ~~can~~ then ~~be pursued~~.	+	If the period for compliance under the notice has expired and the situation has not been fully resolved, the responsible party will be guilty of violating section 187A(8) and (9) of the Town and Country Planning Act 1990. Prosecution may then move forward.

	If a breach of condition notice has been issued, the recipient has no right of appeal to the Secretary of State. However, the validity of a breach of condition notice, and the propriety of the local planning authority’s decision to serve a breach of condition notice, may be challenged by application to the High Court for judicial review.		If a breach of condition notice has been issued, the recipient has no right of appeal to the Secretary of State. However, the validity of a breach of condition notice, and the propriety of the local planning authority’s decision to serve a breach of condition notice, may be challenged by application to the High Court for judicial review.
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	= The Localism Act of 2011 =		= The Localism Act of 2011 =

−	Under The Localism Act 2011, LPAs were granted additional planning enforcement powers to tackle abuses of the planning system. This was part of the Government’s transfer of power from central and local government to local communities.	+	Under The Localism Act 2011, LPAs were granted additional planning enforcement powers to tackle abuses of the planning system (including those that can occur under a breach of condition notice). This was part of the Government’s transfer of power from central and local government to local communities.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =
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	* Gov.uk, [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7709/319295.pdf Annex 4: enforcement of planning conditions: the breach of condition notice].		* Gov.uk, [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7709/319295.pdf Annex 4: enforcement of planning conditions: the breach of condition notice].
	* Gov.uk, [https://www.gov.uk/guidance/ensuring-effective-enforcement#Breach-of-Condition-Notice Enforcement and post-permission matters].		* Gov.uk, [https://www.gov.uk/guidance/ensuring-effective-enforcement#Breach-of-Condition-Notice Enforcement and post-permission matters].
		+
		+	[[Category:DCN_Legislation]] [[Category:Planning_permission]] [[Category:Design]] [[Category:Property_development]]

Editor: Created page with "= Introduction = A breach of condition notice is a type of warning that may be issued when a condition (or conditions) in a planning permission has not been met. It may also be ..."

2021-06-08T17:00:35Z

Created page with "= Introduction = A breach of condition notice is a type of warning that may be issued when a condition (or conditions) in a planning permission has not been met. It may also be ..."

New page

= Introduction =

A breach of condition notice is a type of warning that may be issued when a condition (or conditions) in a planning permission has not been met. It may also be referred to as a breach of planning control.

= Authorisation =

This action is usually served by a local planning authority (LPA). It is authorised under the Town and Country Planning Act 1990 ("the 1990 Act"), which provides for enforcement of planning conditions. It is often issued in instances where a violation is clear and relatively indisputable. It would not be used when there is a question of its validity. It does not apply to breaches under certain circumstances (including those of listed building or conservation area control or oversight for protected trees).

The notice is intended to force the recipient to secure compliance with the terms of a planning condition, or conditions, specified by the LPA that served the notice. Serving the notice is primarily meant to address a violation quickly as a measure to circumvent a potential public safety issue or prevent environmental damage.

= Further legal action =

A breach of planning control rules is not illegal, but if a request to address the situation is disregarded, the LPA may opt to serve a breach of condition notice as a form of enforcement. The notice may also be served in addition to an enforcement notice (as an alternative to a stop notice).

If the period for compliance has expired and the situation has not been fully resolved, the responsible party will be guilty of violating section 187A(8) and (9) of the Town and Country Planning Act 1990. Prosecution can then be pursued.

If a breach of condition notice has been issued, the recipient has no right of appeal to the Secretary of State. However, the validity of a breach of condition notice, and the propriety of the local planning authority’s decision to serve a breach of condition notice, may be challenged by application to the High Court for judicial review.

= The Localism Act of 2011 =

Under The Localism Act 2011, LPAs were granted additional planning enforcement powers to tackle abuses of the planning system. This was part of the Government’s transfer of power from central and local government to local communities.

= Related articles on Designing Buildings Wiki =

* Community right to build
* Localism Act.
* National Planning Policy Framework.
* Planning and Compensation Act 1991.
* Town and Country Planning Act
* Town and Country Planning (Local Planning) (England) Regulations 2012.
* Town planning.

= External resources =

* Gov.uk, [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/7709/319295.pdf Annex 4: enforcement of planning conditions: the breach of condition notice].
* Gov.uk, [https://www.gov.uk/guidance/ensuring-effective-enforcement#Breach-of-Condition-Notice Enforcement and post-permission matters].