A breach of condition notice may be issued by a local planning authority where there is a partial or complete failure to comply with a condition or limitation in a planning permission. The notice can be issued up to 10 years after the date of the breach and there is no statutory right of appeal against it.
The notice is served on the person responsible for causing the breach, which is usually, but not always the developer, or any person having control over the land in question. Failing to comply with the notice can lead to prosecution with a maximum fine of £1,000 in the Magistrates’ Court.
If you have been served with a breach of condition notice it is essential to take urgent action. We can provide advice on the validity of the notice itself and what steps need be taken so that the development can continue. We can also assist if you are prosecuted for non-compliance with a notice.
Please call us on 01252 617119 to find out how we can assist you.