Failure to comply with a notice
As soon as the compliance period for an Enforcement Notice or a Breach of Conditions Notice (BCN) has passed, we will carry out further investigations to confirm whether the breach is continuing.
When we believe an Enforcement Notice has been fully complied with, we will confirm this to the owner/occupier of the land, and to anyone who has complained about the development or activity. Even after compliance, the notice will remain as a charge on the land to prevent any re-occurrence of the breach.
Further negotiations may be needed for full compliance with the notice. If a criminal offence is suspected, the gathering of evidence during a site inspection may have to be carried out under caution. Interviews would be carried out in accordance with the Police and Criminal Evidence Act 1984 (PACE).
A planning breach only becomes a criminal offence when an owner/occupier fails to comply with the requirements of an Enforcement Notice or BCN.