The use of land contrary to an enforcement notice is an offence of absolute liability. The burden was on the user of land to establish what uses were lawful. Times 28-Oct-1993, Gazette 08-Dec-1993 Town and Country Planning Act 1971 89(5) England and Wales Crime, Planning Updated: 20 November 2021; Ref: scu.86408
Offence is one of strict liability so no need to show actual knowledge of notice. . .
The House was asked as to an alleged offence of non-compliance with an enforcement notice under section 89(1) of the 1971 Act, and particularly: ‘Whether an information which alleges initial failure to comply with the provisions of an enforcement notice under section 89(5) of the Town and Country Planning Act 1971 ‘on and since a … Continue reading Hodgetts v Chiltern District Council: HL 1983