UKTC Archive

Who is responsible for breech of condition?

Subject: Who is responsible for breech of condition?
From: oldoaktree
Date: Oct 09 2018 19:35:29
Hi All,

I've got an interesting case where tree planting has been conditioned and the 
condition has been satisfied by the owner of the property.

However, someone, is removing the trees. This person is identifiable due to 
one of those horrid bad blood situations we sometimes have to deal with.

However, an enforcement notice has been issued which the owner is very keen 
to comply with, but it is likely that the tree will be removed again.

Of course, I am going to talk to the LPA to explain the situation and try and 
work with them to get a satisfactory outcome.

The question is this, Is the owner of the property always responsible for 
breaches of planning permission on their property, or is the breach caused by 
the person who actions it and they are therefore responsible?

Mynors II at 14.6.2 seems to suggest that the breach is the landowners 
responsibility which makes dissuading the person who removes the tree a bit 
of a hard task! 

Any wisdom on this?

Cheers

Dave




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