Last edited 09 Jun 2021

Breach of condition notice


[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.

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[edit] External resources

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