What BCN covers + when LPA uses it
Planning conditions attached to planning permissions are enforceable independently of the planning permission itself. Breaches: failure to submit pre-commencement details (materials, drainage, landscaping); failure to implement landscaping by specified date; exceeding hours of construction working condition; failure to install bat boxes/bird boxes per ecology condition; failure to complete acoustic mitigation; commercial use exceeding restricted hours; failure to remove temporary structures by sunset date. BCN specifies: the planning permission + condition number breached; what compliance requires; date by which compliance must be achieved (minimum 28 days). LPA chooses BCN over enforcement notice where: (1) breach is clear + uncontested + condition-specific; (2) remediation is straightforward (submit details, do works); (3) wants to avoid appeal delay; (4) facts simple + merits unarguable. BCN is administratively cheaper for LPA + provides quick compliance route.
No appeal — challenge routes
No statutory right of appeal against a BCN (s187A(7)). Defences to prosecution if BCN breached: (1) reasonable precautions + due diligence to secure compliance (s187A(11)); (2) condition itself ultra vires or void (rare — judicial review needed). Practical challenge routes: (1) apply for variation/discharge of condition under s73 TCPA — if LPA approves variation/discharge, original condition no longer applies + BCN falls away; (2) apply for non-material amendment under s96A if minor change to condition wording; (3) judicial review of LPA decision to issue BCN if procedurally flawed or unreasonable (£8.5–25k legal + 6–12 weeks); (4) negotiate compliance extension with LPA case officer. Most BCN responses: comply + apply for retrospective discharge in parallel. Penalty for breach: max £2,500 fine summary conviction + £100/day for continuing breach. Lighter than enforcement notice breach (unlimited fine) — reflects BCN narrower scope. Mitigating: comply within deadline; show good faith effort + reasonable steps.
