The council says a planning condition hasn't been met.
An illustrative, representative situation, not a description of a specific client or case.
The situation
A business had planning permission for a new building, subject to a condition, about operating hours, or landscaping being completed by a set date. The council later issues a Breach of Condition Notice saying the condition wasn't complied with.
Key facts
- Right of appeal
- None: only judicial review in narrow circumstances
- If you don't comply
- Failure to comply can lead to prosecution
What matters
There's no right of appeal against a Breach of Condition Notice, only judicial review in narrow circumstances, so the compliance period stated in the notice, and how it's used, matters more than it would for other notice types.
Possible routes
Realistically: comply within the stated period, or in narrow circumstances seek judicial review if the notice itself is wrong. There's no middle appeal route the way there is with an Enforcement Notice.
How it could progress
Checking the condition itself against the original permission is usually the first step — some notices are issued on a misreading of what a condition actually required — before working out a realistic route to compliance within the stated period.
Possible resolution
Most cases resolve through compliance within the stated period; judicial review is rare, and only fits where the notice itself is genuinely flawed.
This may sound familiar if:
- You had planning permission with a condition attached
- The council says that condition hasn't been met
- There's a compliance period stated in what you've received
- You're not sure whether the notice is even right
Does this sound familiar?
Tell us what's happened and we'll help you understand your position.
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