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Get the free Annex 4: enforcement of planning conditions: the breach of condition notice

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This document outlines the procedure for issuing a breach of condition notice under section 187A of the Town and Country Planning Act 1990, detailing statutory provisions, applicability, drafting,
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How to fill out annex 4 enforcement of

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How to fill out Annex 4: enforcement of planning conditions: the breach of condition notice

01
Obtain the Annex 4 form for enforcement of planning conditions.
02
Read the instructions carefully to understand what information is required.
03
Provide details of the planning permission that has been breached.
04
Describe the specific condition that has been violated.
05
Include the address of the site where the breach occurred.
06
State the date when the breach was first identified.
07
Attach any relevant evidence that supports the breach of the condition.
08
Sign and date the completed notice.
09
Submit the completed notice to the appropriate planning authority.

Who needs Annex 4: enforcement of planning conditions: the breach of condition notice?

01
Local planning authorities enforcing planning conditions.
02
Property developers who need to address breaches of planning conditions.
03
Individuals affected by breaches of planning conditions seeking resolution.
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It is an offence not to comply with an enforcement notice can be tried in the Magistrates' or the Crown Court. The maximum penalty in the Magistrates' Court is a fine not exceeding £20,000 but there is no limit on the fine that the Crown Court may impose.
When someone is found guilty of failing to comply with an enforcement notice, the fine may be: a maximum of £20,000, if imposed by the Magistrates Court. unlimited, if imposed by the Crown Court.
An Enforcement Notice must allow a period of at least four weeks before it comes into effect in order to allow for the statutory right of appeal.
Such action may involve: prosecution of the parties concerned in the local courts – depending upon the availability, nature and strength of evidence. issuing an injunction through the high court. direct, or 'default' action – we will seek to recover the costs of such action from the persons responsible for the breach.
An Enforcement Notice must allow a period of at least four weeks before it comes into effect in order to allow for the statutory right of appeal.
Enforcement Notices are legal documents. They state when action needs to be taken to fix a breach of planning control. They are issued where development has taken place without the correct planning permission or outside what was allowed by any planning permission that was given.
Breach of condition notice A breach of conditions notice requires its recipient to secure compliance with the terms of a planning condition or conditions, specified by the local planning authority in the notice (section 187A of the Town and Country Planning Act 1990).

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Annex 4: enforcement of planning conditions: the breach of condition notice is a legal document used by planning authorities to address situations where planning conditions attached to a development consent have not been complied with. It is a formal way to notify the responsible party of the breach and to outline the necessary actions to rectify the situation.
The planning authority or local council that issued the original planning permission is required to file Annex 4: enforcement of planning conditions: the breach of condition notice when they identify a breach of planning conditions.
To fill out Annex 4, the planning authority must provide specific details including the address of the property, description of the breach, relevant planning conditions violated, and any actions required for compliance. The notice must also include the date of issue and contact information for the planning authority.
The purpose of Annex 4 is to formally record and communicate any breaches of planning conditions to the responsible party. It serves as a legal mechanism to enforce compliance and ensures that all parties understand the implications of non-compliance.
The Annex 4 notice must report information including the planning application's reference number, the details of the breach, the specific conditions violated, the required rectification measures, and a deadline for compliance.
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