Commentary on Sections Offences Section 104 – Breach of terms of infrastructure consent order
273.This section provides that an offence is committed if, without a reasonable excuse, a person carries out, or causes to be carried out, development which is in breach of the terms of an infrastructure consent order or fails to comply with the terms of an infrastructure consent order.
274.It is a defence for a person charged with an offence under this section to prove the breach or failure to comply only occurred because of an error in the infrastructure consent order and that the error has been corrected under section 87.
275.A person may be tried in the magistrates’ court or the Crown Court and, where found guilty, will be liable to an unlimited fine.