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Warning notice.
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26.—(1) Where it appears to a planning authority that—
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(a) land is being or is likely to be developed in contravention of section 24 of the Principal Act, or
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(b) any unauthorised use is being made of land, or
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(c) any tree or other feature (whether structural or natural) or any other thing the preservation of which is required by a condition subject to which a permission for the development of any land was granted, may be removed or damaged,
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the planning authority may serve on the owner of the land a notice (in this section subsequently referred to as a warning notice) and may give a copy of the said notice to any other person who in their opinion may be concerned with the matters to which the notice relates.
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(2) A warning notice shall refer to the land concerned and—
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(a) in relation to any land being developed or likely to be developed, require that development thereof in contravention of section 24 of the Principal Act shall not be commenced or, if such development has been commenced, that it shall be discontinued forthwith,
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(b) in relation to any unauthorised use of land, require that the unauthorised use shall be discontinued forthwith,
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(c) in relation to a condition requiring the preservation of any tree, other feature or thing, require that the tree, other feature or thing, as may be appropriate, shall neither be removed nor damaged and that any reasonable steps necessary for its preservation shall be taken by the owner of the land,
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and such notice shall also require the owner of the land to take adequate steps to ensure compliance with the notice and shall contain a warning that proceedings under this section may be brought by the relevant planning authority against him and any other person who fails to comply with the requirements of the notice or who assists or permits any development or use of land or the doing of any other thing in contravention thereof.
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(3) In case a warning notice has been served in relation to the breach of a condition mentioned in paragraph (c) of subsection (2) of this section, anything done in relation to the tree, other feature or thing to which the notice relates shall if it is done with the consent in writing of the planning authority by whom the notice was served not be an offence under this section.
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(4) Any person who—
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(a) knowingly fails to comply with the requirements of a warning notice, or
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(b) knowingly assists or permits,
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(i) the carrying out by another of any development required by a warning notice not to be commenced or to be discontinued, or
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(ii) the continuance by another of a use required by a warning notice to be discontinued, or
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(iii) the doing by another of any other thing in contravention of a warning notice, or
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(c) otherwise damages or removes any tree, other feature or thing to which a warning notice relates,
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shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred and fifty pounds.
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(5) Where a person is convicted of an offence under this section and there is a continuation by him of the offence after conviction, he shall be liable on summary conviction to a fine not exceeding one hundred pounds for each day on which the offence is so continued or to imprisonment for a term not exceeding six months or to both the fine and the imprisonment.
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(6) An enforcement notice within the meaning of section 31, 32 or 35 of the Principal Act may be served whether or not there has been a prosecution under this section.
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(7) The following provisions shall apply in relation to proceedings under this section in which the offence alleged is the removal of or damage to a tree, other feature or thing to which a warning notice relates, namely—
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(a) in case the defendant is the owner of the land to which the warning notice relates,
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(i) it shall be sufficient for the prosecution to prove the fact that the tree, other feature or thing, as may be appropriate, was removed or damaged, and
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(ii) without prejudice to any other defence which may be open to him, it shall be a good defence if the defendant proves that he took, or caused to be taken, reasonable steps to secure compliance with the requirements of the warning notice and that he acted at all times in good faith in relation to the notice.
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(b) in any other case if, but only if, the prosecution proves that—
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(i) after the service of the warning notice steps were taken to inform persons of the existence of the notice, or to protect from damage or to preserve the tree, other feature or thing, as the case may be, with which the alleged offence is concerned, and
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(ii) the alleged removal or damage by the defendant occurred after the steps referred to in subparagraph (i) of this paragraph were taken,
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it shall be assumed, until the contrary is shown by the defendant, that the tree, other feature or thing was knowingly removed or damaged, as may be appropriate, by the defendant.
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(8) In a prosecution for an offence under this section it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the development (if any) in question was neither exempted development nor development commenced before the appointed day.
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(9) For the purposes of this section, a tree shall be regarded as being removed if it is cut down or otherwise wilfully destroyed.
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(10) Where a warning notice is served under this section by a planning authority, particulars of the notice shall be entered by the authority in the register.
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