PART 4ENFORCEMENT
Breach of condition notices
125Power of planning authority to serve breach of condition notice
(1)
This section applies where—
(a)
planning permission for the development of any land in Wales has been granted subject to conditions, and
(b)
a condition of the permission is not complied with.
(2)
The planning authority in whose area the land is situated may serve a breach of condition notice on—
(a)
any person who is carrying out or has carried out the development, or
(b)
any other person who has control of the land.
(3)
For the purposes of subsection (2)(a), carrying out development includes causing or permitting another person to carry it out.
(4)
A breach of condition notice must—
(a)
require the person on whom it is served to secure compliance with the conditions of the planning permission that are specified in the notice, and
(b)
specify the steps the planning authority considers ought to be taken, or the activities the authority considers ought to be stopped, to secure compliance with those conditions.
(5)
The only conditions of the planning permission that may be specified in a notice served by virtue of subsection (2)(b) are conditions regulating the use of the land.
(6)
A breach of condition notice must specify the period within which compliance with the conditions specified in it must be secured.
(7)
The period must be at least 28 days beginning with the day the notice is served.
(8)
The planning authority may extend the period by serving a further notice on the person on whom the breach of condition notice was served.
(9)
Where a planning authority has served a breach of condition notice on a person, it may withdraw the notice by serving a further notice on the person.
(10)
The withdrawal of a breach of condition notice does not prevent the planning authority serving another breach of condition notice.