Q&As

Can a breach of condition notice be issued where pre-commencement conditions have not been complied with, so the permission has not yet been lawfully implemented?

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Published on LexisPSL on 25/09/2020

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can a breach of condition notice be issued where pre-commencement conditions have not been complied with, so the permission has not yet been lawfully implemented?

Breach of condition notices are governed by section 187A of the Town and Country Planning Act 1990 (TCPA 1990). TCPA 1990, s 187A applies where 'planning permission for carrying out any development of land has been granted subject to conditions', and allows the local planning authority (LPA) to serve a breach of condition

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