PART 7OTHER POWERS RELATING TO USE OR CONDITION OF LAND
CHAPTER 1POWERS TO REQUIRE DISCONTINUANCE OF USE OF LAND ETC.
Enforcement of orders
210Offence of failing to comply with order
(1)
A person commits an offence if, in breach of planning control, the person—
(a)
uses land, or causes or permits land to be used—
(i)
for a purpose for which a discontinuance order has required its use to be discontinued under section 206(5)(a), or
(ii)
in breach of a condition imposed by a discontinuance order under section 206(5)(b),
(b)
resumes, or causes or permits to be resumed, a use of land the resumption of which is prohibited by a prohibition order under paragraph 1(5) of Schedule 15, or
(c)
fails to comply, or causes or permits a failure to comply, with a requirement imposed by a prohibition order under paragraph 1(6) or (7) of that Schedule.
(2)
A person commits an offence if the person fails to comply, or causes or permits a failure to comply, with a requirement to take steps for the protection of the environment imposed by a protection order under paragraph 5(5) of Schedule 15.
(3)
A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.
(4)
It is a defence for a person charged with an offence under this section (“the defendant”) to prove that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(5)
Subsection (6) applies in any case where the defence provided by subsection (4) involves an allegation that the commission of the offence was due to—
(a)
the act or default of another person, or
(b)
reliance on information provided by another person.
(6)
The defendant may not rely on the defence without the permission of the court unless, at least 7 clear days before the day of the hearing, the defendant has served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in the defendant’s possession.