In short, the planning condition is pretty irrelevant. If a planning condition is breached the usual way planning departments address such matters is by way of a Breach of Condition Notice (BCN), requiring the breach to cease. However, the problem is that under national planning law, such a notice cannot take effect for at least 28 days after the BCN is issued. Therefore, even if the Council served a BCN today, for the next 28 days the builders could work 24/7 without committing an offence under the planning legislation.The best way of addressing such matters is therefore via the Environmental Protection legislation, and I'd suggest you contact Gerry McCarthy and his Team at LBH.I have never understood the desire of many LPA's or even the Planning Inspectorate to impose hours of construction conditions upon the granting of planning applications, as the government Circular on the use of conditions is clear in stating that conditions should not be imposed where the matter could be better addressed via other forms of statutory legislation, and only creates the incorrect belief amongst residents that if a developer operates outside of those hours the Planning Enforcement Team will be able to promptly stop that breach under national planning legislation.Hope that helps.Adam (ex Head of Planning Enforcement at several LPA's and now on 'the other side of the fence')
Adam Beamish ● 6265d