Clause 5

If a tenant or contractor of the owner of any land —

carries out any development of the land in contravention of section 12(1); or

carries out any works within a conservation area on the land in contravention of section 12(2),the owner of the land is taken to have permitted the carrying out of the development, or permitted the carrying out of those works, as the case may be, in contravention of the same provision.(2) However, it is a defence in proceedings against an owner of any land for an offence under section 12(4) for such a contravention if it is proved by the defendant, on a balance of probabilities, that the defendant —

took all reasonable precautions to prevent the contravention by the tenant or contractor; or

could not, by the exercise of due diligence, have prevented the contravention by the tenant or contractor.(3) Without limiting the ways in which a defendant may satisfy the requirements of subsection (2)(b), a defendant satisfies those requirements if it is proved, on a balance of probabilities, that the commission of the offence occurred when the defendant was not the owner of the land in question and that the commission of the offence was due to the act or default of another person.(4) An owner of any land may be proceeded against and convicted under a provision pursuant to this section whether or not the tenant or contractor, as the case may be, of the owner has been proceeded against or been convicted under that provision.(5) In this section —“contractor”, in relation to an owner of any land, means any person whom the owner employs, engages or hires directly to carry out any type of building works on the land;“tenancy agreement” means an agreement, whether or not in writing and whether express or implied, under which a person lets, or licences for occupation, any land or building as a residence or place of business;“tenant”, in relation to an owner of any land, means a person to whom the land is let, or licensed for occupation, by the owner of the land, under a tenancy agreement between the owner and that person.Application for preliminary advice12B.—

A person intending to apply for written permission may, in such form and manner as the competent authority may require, apply to the competent authority for preliminary advice on any matter (as may be declared by the competent authority) relating to the development of land, works within a conservation area or subdivision of land, which is to be the subject of the person’s application for written permission.(2) Any preliminary advice given by the competent authority under this section —

does not constitute approval in principle for the proposed development, works or subdivision; and

does not authorise the carrying out of the development, works or subdivision or any other development, works or subdivision.”.