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Section 189: Penalties for contravention of orders under s. 102 and Schedule 9.

Town and Country Planning Act 1990 · 1990 c. 8View on legislation.gov.uk

Part VII: Enforcement

Any person who without planning permission—

uses land, or causes or permits land to be used—
for any purpose for which an order under section 102 or paragraph 1 of Schedule 9 has required that its use shall be discontinued; or
in contravention of any condition imposed by such an order by virtue of subsection (1) of that section or, as the case may be, sub-paragraph (1) of that paragraph; or
resumes, or causes or permits to be resumed, development consisting of the winning and working of minerals or involving the depositing of mineral waste the the resumption of which an order under paragraph 3 of that Schedule has prohibited; or
contravenes, or causes or permits to be contravened, any such requirement as is specified in sub-paragraph (3) or (4) of that paragraph,

shall be guilty of an offence.

Any person who contravenes any requirement of an order under paragraph 5 or 6 of that Schedule or who causes or permits any requirement of such an order to be contravened shall be guilty of an offence.

Any person guilty of an offence under this section shall be liable—

on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to a fine.

It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable measures and exercised all due diligence to avoid commission of the offence by himself or by any person under his control.

If in any case the defence provided by subsection (4) involves an allegation that the commission of the offence was due to the act or default of another person or due to reliance on information supplied by another person, the person charged shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.