Planning Act 2008

161Breach of terms of order granting development consentE+W+S

(1)A person commits an offence if without reasonable excuse the person—

(a)carries out, or causes to be carried out, development in breach of the terms of an order granting development consent, or

(b)otherwise fails to comply with the terms of an order granting development consent.

(2)Subsection (1) is subject to [F1section 149A(4) ].

(3)It is a defence for a person charged with an offence under this section to prove that—

(a)the breach or failure to comply occurred only because of an error or omission in the order, and

(b)a correction notice specifying the correction of the error or omission has been issued under paragraph 2 of Schedule 4.

(4)A person guilty of an offence under this section is liable[F2—

(a)on summary conviction, to a fine not exceeding £50,000, or

(b)on conviction on indictment, to a fine.] [F2on summary conviction, or on conviction on indictment, to a fine]

(5)[F3The Secretary of State may by order amend subsection (4)(a) to increase the level of the fine for the time being specified in that provision.]