Part 8Enforcement

Offences

I1I2C1161Breach of terms of order granting development consent

C21

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 liableF3

a

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

b

on conviction on indictment, to a fine.F3on summary conviction, or on conviction on indictment, to a fine

5

F2The 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.