Breach of condition notice
Contents |
[edit] Introduction
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.
[edit] Authorisation
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, for example, as a measure to circumvent a potential public safety issue or prevent environmental damage.
[edit] Further legal action
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 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.
[edit] The Localism Act of 2011
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.
[edit] 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.
[edit] External resources
Featured articles and news
Combating burnout.
The 5 elements of seiri, seiton, seiso, seiketsu and shitsuke.
Shading for housing, a design guide
A look back at embedding a new culture of shading.
The Architectural Technology Awards
The AT Awards 2025 are open for entries!
ECA Blueprint for Electrification
The 'mosaic of interconnected challenges' and how to deliver the UK’s Transition to Clean Power.
Grenfell Tower Principal Contractor Award notice
Tower repair and maintenance contractor announced as demolition contractor.
Passivhaus social homes benefit from heat pump service
Sixteen new homes designed and built to achieve Passivhaus constructed in Dumfries & Galloway.
CABE Publishes Results of 2025 Building Control Survey
Concern over lack of understanding of how roles have changed since the introduction of the BSA 2022.
British Architectural Sculpture 1851-1951
A rich heritage of decorative and figurative sculpture. Book review.
A programme to tackle the lack of diversity.
Independent Building Control review panel
Five members of the newly established, Grenfell Tower Inquiry recommended, panel appointed.
Welsh Recharging Electrical Skills Charter progresses
ECA progressing on the ‘asks’ of the Recharging Electrical Skills Charter at the Senedd in Wales.
A brief history from 1890s to 2020s.
CIOB and CORBON combine forces
To elevate professional standards in Nigeria’s construction industry.
Amendment to the GB Energy Bill welcomed by ECA
Move prevents nationally-owned energy company from investing in solar panels produced by modern slavery.
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Experimental AI housing target help for councils
Experimental AI could help councils meet housing targets by digitising records.