PART 6

Planning
CHAPTER 5

Enforcement

Planning offences: time limits and penalties
126
1
The Town and Country Planning Act 1990 is amended as follows.
2
In section 187A(12) (maximum penalty of level 3 on standard scale for offence of being in breach of a breach of condition notice) for “fine not exceeding level 3 on the standard scale” substitute
fine—
a
not exceeding level 4 on the standard scale if the land is in England;
b
not exceeding level 3 on the standard scale if the land is in Wales
.
3
In section 210 (penalties for non-compliance with tree preservation regulations) after subsection (4) insert—
4A
Proceedings for an offence under subsection (4) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge.
4B
Subsection (4A) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.
4C
For the purposes of subsection (4A), a certificate—
a
signed by or on behalf of the prosecutor, and
b
stating the date on which evidence sufficient in the prosecutor's opinion to justify the proceedings came to the prosecutor's knowledge,
is conclusive evidence of that fact.
4D
A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.
4E
Subsection (4A) does not apply in relation to an offence in respect of a tree in Wales.
4
In section 224 (enforcement of control as to advertisements) after subsection (6) insert—
7
Proceedings for an offence under subsection (3) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor's knowledge.
8
Subsection (7) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.
9
For the purposes of subsection (7), a certificate—
a
signed by or on behalf of the prosecutor, and
b
stating the date on which evidence sufficient in the prosecutor's opinion to justify the proceedings came to the prosecutor's knowledge,
is conclusive evidence of that fact.
10
A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.
11
Subsection (7) does not apply in relation to an offence in respect of an advertisement in Wales.
5
An amendment made by this section applies only in relation to offences committed after the amendment has come into force.
S. 126 in force at 6.4.2012 by S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)
Pt. 6: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)