ABSTRACT
If the steps required in the enforcement notice are not carried out, the person who was the owner of the land at the time of the serving of the notice is in breach of the notice (s 171(1)), and thereby guilty of an offence for which he is liable on summary conviction to a fine not exceeding £20,000. In determining the amount of the fine, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence (s 179(9)). Such a person may plead as a defence that: 1 he did everything reasonably possible to secure compliance with the
notice (s 179(3)); or 2 he was not aware of the existence of the notice (s 179(7)).
