We bring former council enforcement experience to help you understand what compliance requires. There's no right of appeal, so getting this right matters.
What is a Breach of Condition Notice?
A Breach of Condition Notice is issued where the council believes a condition attached to a planning permission has not been complied with.
It is a different instrument from an Enforcement Notice, with its own rules. Most importantly, there is no right of appeal against it, only judicial review in narrow circumstances. That makes getting the response right the first time especially important.
The compliance period
The notice
Breach of Condition Notice
The compliance period stated in your notice.
Response required
Comply within the stated period
A Breach of Condition Notice gives you the compliance period stated in the notice. There is no right of appeal to extend it.
Why responding matters
What happens if you don't
There is no right of appeal against a Breach of Condition Notice, only judicial review in narrow circumstances. Failure to comply is a criminal offence and can lead to prosecution.
Source: Section 187A, Town and Country Planning Act 1990
What this means
A Breach of Condition Notice will identify the specific condition it says has been breached and set out a compliance period. Because it can't be challenged on its merits, how you use that period is what matters.
What should I do next?
01
Identify the exact condition in question
Check it against the original planning permission it relates to.
02
Check the compliance period stated in the notice
There is no automatic extension, so plan around it.
03
Assess your realistic options
Compliance, negotiation, or, in narrow circumstances, judicial review.
04
Get advice early
With no appeal route, early, accurate advice matters more than usual.
Common mistakes to avoid
Assuming it can be appealed like an Enforcement Notice
It can't. Treating it the same way wastes time you don't have.
Missing the compliance period
Failure to comply with a Breach of Condition Notice can lead to prosecution.
Not checking the condition against the original permission
Some notices are issued on a misreading of what a condition actually requires.
How we can help
Review
The notice, the original condition and permission, and the site position.
Advise
What compliance actually requires, and whether the notice is soundly issued.
Respond
We help you act within the compliance period and liaise where instructed.
Enquiries are free, whether you get in touch through the contact form or by phone. In-depth consultations start from £120.
1,000+
enforcement cases investigated. Experience built inside local government now informs the advice we give our clients.
Experience from the other side of enforcement
John Langdown
Founder & Planning Enforcement Specialist
John has personally investigated over 1,000 planning enforcement cases while working for numerous Local Planning Authorities across England, covering residential extensions, changes of use, complex commercial sites and large-scale developments. That means we do not have to guess how a council will interpret evidence or decide whether to act. John has made that exact decision, from that exact seat, over a thousand times.
Common questions about a Breach of Condition Notice
Related guidance
Related situations
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