Planning Act 2008

Offences E+W+S

160 Development without development consent E+W+S

(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 no development consent is in force in respect of the development.

(2) A person guilty of an offence under this section is liable[F1 —

(a) on summary conviction, to a fine not exceeding £50,000, or

(b) on conviction on indictment, to a fine.] [F1 on summary conviction, or on conviction on indictment, to a fine]

(3) [F2 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.]

Textual Amendments

F1 Words in s. 160(2) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 41(2)(a) (with reg. 5(1))

F2 S. 160(3) omitted (E.W.) (12.3.2015) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 41(2)(b) (with reg. 5(1))

Commencement Information

I1 S. 160 partly in force; s. 160 in force for certain purposes at Royal Assent see s. 241

I2 S. 160 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(j) (with art. 6)

161 Breach of terms of order granting development consent E+W+S

(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 development consent.

(2) Subsection (1) is subject to [F3 section 149A(4) ].

(3) It is a defence for a person charged with an offence under this section to prove that—

(a) the breach or failure to comply occurred only because of an error or omission in the order, and

(b) a correction notice specifying the correction of the error or omission has been issued under paragraph 2 of Schedule 4.

(4) A person guilty of an offence under this section is liable[F4 —

(a) on summary conviction, to a fine not exceeding £50,000, or

(b) on conviction on indictment, to a fine.] [F4 on summary conviction, or on conviction on indictment, to a fine]

(5) [F5 The Secretary of State may by order amend subsection (4)(a) to increase the level of the fine for the time being specified in that provision.]

Textual Amendments

F3 Words in s. 161(2) substituted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(3) (with s. 111); S.I. 2011/556, art. 3(2)(a)

F4 Words in s. 161(4) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 41(3)(a) (with reg. 5(1))

F5 S. 161(5) omitted (E.W.) (12.3.2015) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 41(3)(b) (with reg. 5(1))

Commencement Information

I3 S. 161 partly in force; s. 161 in force for certain purposes at Royal Assent see s. 241

I4 S. 161 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(j) (with art. 6)

162 Time limits E+W+S

(1) A person may not be charged with an offence under section 160 or 161 after the end of—

(a) the relevant 4-year period, or

(b) if subsection (3) applies, the extended period.

(2) The “relevant 4-year period” means—

(a) in the case of an offence under section 160, the period of 4 years beginning with the date on which the development was substantially completed;

(b) in the case of an offence under section 161, the period of 4 years beginning with the later of—

(i) the date on which the development was substantially completed, and

(ii) the date on which the breach or failure to comply occurred.

(3) This subsection applies if during the relevant 4-year period—

(a) an information notice has been served under section 167, or

(b) an injunction has been applied for under section 171.

(4) The “extended period” means the period of 4 years beginning with—

(a) the date of service of the information notice, if subsection (3)(a) applies;

(b) the date of the application for the injunction, if subsection (3)(b) applies;

(c) the later (or latest) of those dates, if both paragraphs (a) and (b) of subsection (3) apply.

Commencement Information

I5 S. 162 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)