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What is a breach of condition notice?

This is similar to an enforcement notice but can obviously only be used when a condition is not being complied with, e.g. if business premises have to close at a particular time but are opening later. It must give a period, a minimum of 28 days for complying with the condition. There is no right of appeal against a breach of condition notice, so it does not run the risk that an enforcement notice does of being delayed by an appeal, but only the person who it is served on can be prosecuted for non-compliance. Thus, if the property changes hands and further breaches of the condition occur, another notice must be served or alternatively, of course, the authority could serve an enforcement notice.

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