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132 | Use of buildings in respect of which development consent granted |
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(1) | If development consent is granted for development which includes the |
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erection, extension, alteration or re-erection of a building, the order granting |
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consent may specify the purposes for which the building is authorised to be |
| |
| 5 |
(2) | If no purpose is so specified, the consent is taken to authorise the use of the |
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building for the purpose for which it is designed. |
| |
| |
| |
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133 | Development without development consent |
| |
(1) | A person commits an offence if the person carries out, or causes to be carried |
| |
out, development for which development consent is required at a time when |
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no development consent is in force in respect of the development. |
| |
(2) | A person guilty of an offence under this section is liable— |
| 15 |
(a) | on summary conviction, to a fine not exceeding £50,000, or |
| |
(b) | on conviction on indictment, to a fine. |
| |
(3) | The Secretary of State may by order amend subsection (2)(a) to increase the |
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level of the fine for the time being specified in that provision. |
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134 | Breach of terms of order granting development consent |
| 20 |
(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 |
| |
| 25 |
(2) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to a fine not exceeding £50,000, or |
| |
(b) | on conviction on indictment, to a fine. |
| |
(3) | The Secretary of State may by order amend subsection (2)(a) to increase the |
| |
level of the fine for the time being specified in that provision. |
| 30 |
| |
(1) | A person may not be charged with an offence under section 133 after the end |
| |
of the period of 4 years beginning with the date on which the development was |
| |
| |
(2) | A person may not be charged with an offence under section 134 after the end |
| 35 |
of the period of 4 years beginning with the later of— |
| |
(a) | the date on which the development was substantially completed, and |
| |
(b) | the date on which the breach or failure to comply occurred. |
| |
| |
| |
|
| |
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(3) | This section does not prevent a person being charged with an offence under |
| |
section 133 or 134 if, during the period of 4 years ending with the person being |
| |
| |
(a) | an information notice has been served under section 140, or |
| |
(b) | an injunction has been applied for under section 144. |
| 5 |
| |
136 | Right to enter without warrant |
| |
(1) | This section applies if a local planning authority has reasonable grounds for |
| |
suspecting that an offence under section 133 or 134 is being, or has been, |
| |
committed on or in respect of any land. |
| 10 |
(2) | A person authorised in writing by the local planning authority may at any |
| |
reasonable hour enter the land for the purpose of ascertaining whether an |
| |
offence under section 133 or 134 is being, or has been, committed on the land. |
| |
(3) | A person may enter a building used as a dwelling-house under subsection (2) |
| |
only if 24 hours’ notice of the intended entry has been given to the occupier of |
| 15 |
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137 | Right to enter under warrant |
| |
(1) | This section applies if it is shown to the satisfaction of a justice of the peace on |
| |
sworn information in writing— |
| |
(a) | that there are reasonable grounds for suspecting that an offence under |
| 20 |
section 133 or 134 is being, or has been, committed on or in respect of |
| |
| |
(b) | that the condition in subsection (2) is met. |
| |
(2) | The condition is that— |
| |
(a) | admission to the land has been refused, or a refusal is reasonably |
| 25 |
| |
(b) | the case is one of urgency. |
| |
(3) | The justice of the peace may issue a warrant authorising any person who is |
| |
authorised in writing for the purpose by a local planning authority to enter the |
| |
| 30 |
(4) | For the purposes of subsection (2)(a) admission to land is to be regarded as |
| |
having been refused if no reply is received to a request for admission within a |
| |
| |
(5) | A warrant authorises entry on one occasion only and that entry must be— |
| |
(a) | before the end of the period of one month beginning with the date of |
| 35 |
the issue of the warrant, and |
| |
(b) | at a reasonable hour, unless the case is one of urgency. |
| |
138 | Rights of entry: supplementary provisions |
| |
(1) | A person authorised to enter land in pursuance of a right of entry conferred |
| |
under or by virtue of section 136 or 137 (“a relevant right of entry”)— |
| 40 |
(a) | must, if so required, produce evidence of the authority and state the |
| |
purpose of entry before entering the land, |
| |
| |
| |
|
| |
| |
(b) | may take on to the land such other persons as may be necessary, and |
| |
(c) | must, if the person leaves the land at a time when the owner or occupier |
| |
is not present, leave it as effectively secured against trespassers as it |
| |
| |
(2) | A person commits an offence if the person wilfully obstructs a person acting in |
| 5 |
the exercise of a relevant right of entry. |
| |
(3) | A person guilty of an offence under subsection (2) is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale. |
| |
(4) | If any damage is caused to land or chattels in the exercise of a relevant right of |
| |
entry, compensation may be recovered by any person suffering the damage |
| 10 |
from the local planning authority that authorised the entry. |
| |
(5) | Except so far as otherwise provided by regulations, any question of disputed |
| |
compensation under subsection (4) is to be referred to and determined by the |
| |
| |
(6) | In relation to the determination of any such question, the provisions of sections |
| 15 |
2 and 4 of the Land Compensation Act 1961 (c. 33) apply subject to any |
| |
necessary modifications and to any other prescribed modifications. |
| |
139 | Rights of entry: the Crown |
| |
Sections 136 and 137 do not apply to Crown land. |
| |
| 20 |
140 | Power to require information |
| |
(1) | If it appears to a local planning authority that an offence under section 133 or |
| |
134 may have been committed on or in respect of any land, it may serve an |
| |
| |
(2) | The information notice may be served on any person who— |
| 25 |
(a) | is the owner or occupier of the land or has any other interest in it, or |
| |
(b) | is carrying out operations on the land or is using it for any purpose. |
| |
(3) | The information notice may require the person on whom it is served to give |
| |
such of the following information as may be specified in the notice— |
| |
(a) | information about any operations being carried out in, on, over or |
| 30 |
under the land, any use of the land and any other activities being |
| |
carried out in, on, over or under the land, and |
| |
(b) | information about the provisions of any order granting development |
| |
consent for development of the land. |
| |
(4) | An information notice must inform the person on whom it is served of the |
| 35 |
likely consequences of a failure to respond to the notice. |
| |
(5) | A requirement of an information notice is complied with by giving the |
| |
required information to the local planning authority in writing. |
| |
| |
| |
|
| |
| |
141 | Offences relating to information notices |
| |
(1) | A person commits an offence if without reasonable excuse the person fails to |
| |
comply with any requirement of an information notice served under section |
| |
140 before the end of the period mentioned in subsection (2). |
| |
(2) | The period referred to in subsection (1) is the period of 21 days beginning with |
| 5 |
the day on which the information notice is served. |
| |
(3) | A person guilty of an offence under subsection (1) is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale. |
| |
(4) | A person commits an offence if the person— |
| |
(a) | makes any statement purporting to comply with a requirement of an |
| 10 |
information notice which he knows to be false or misleading in a |
| |
| |
(b) | recklessly makes such a statement which is false or misleading in a |
| |
| |
(5) | A person guilty of an offence under subsection (4) is liable on summary |
| 15 |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
Notices of unauthorised development |
| |
142 | Notice of unauthorised development |
| |
(1) | Subsection (2) applies if a person is found guilty of an offence under section |
| |
| 20 |
(2) | The local planning authority may serve a notice of unauthorised development |
| |
on the person requiring such steps as may be specified in the notice to be |
| |
| |
(a) | to remove the development, and |
| |
(b) | to restore the land on which the development has been carried out to its |
| 25 |
condition before the development was carried out. |
| |
(3) | Subsection (4) applies if a person is found guilty of an offence under section |
| |
| |
(4) | The local planning authority may serve a notice of unauthorised development |
| |
on the person requiring the person to remedy the breach or failure to comply. |
| 30 |
(5) | A notice of unauthorised development— |
| |
(a) | must specify the period within which any steps are required to be |
| |
| |
(b) | may specify different periods for different steps. |
| |
(6) | Where different periods apply to different steps, references in this Part to the |
| 35 |
period for compliance with a notice of unauthorised development, in relation |
| |
to any step, are to the period within which the step is required to be taken. |
| |
(7) | A notice of unauthorised development must specify such additional matters as |
| |
| |
| |
| |
|
