BREACH OF CONDITION NOTICE
This is a special type of Enforcement Notice against which there is NO RIGHT OF APPEAL.
BREACH OF CONDITION NOTICES are served in circumstances where the Council consider that a condition in a planning permission has not been complied with properly (or at all).
A Breach of Condition Notice is served on the person who caused the breach to occur; ie 'the person responsible' rather than on the land over which the breach occurs.
Failure to comply with the notice can result in the Council taking action through the Courts. Fines for breach of the notice can be levied on a daily basis.
A Breach of Condition notice may be served in conjunction with an Enforcement Notice.
If you receive a breach of condition notice you should discuss the means of complying with the notice with the Council. If necessary you may wish to apply for planning permission to vary or omit the condition from the planning permission to overcome the problem. However, this may not be sufficient to overcome the breach in the short-term.
If the breach has occurred for more than 10 years continuously you may be able to obtain immunity from action - see lawful development.
The period for compliance with the notice will not be less than 28 days beginning with the date of service of the notice. This timescale may be extended by the Council if appropriate.
Contravention of the Notice can result in summary prosecution with fines up to £1,000 for each conviction, which may be considered on a daily basis.