Powers of the Local Planning Authority to Require Land to be Cleaned Up

Page 397

Chapter 21

Powers of the Local Planning Authority to Require Land to be Cleaned Up

POWER TO REQUIRE PROPER MAINTENANCE OF LAND

21.1 Where it appears to the local planning authority (LPA) that the amenity of a part of its area, or of an adjoining area, is adversely affected by the condition of land in its area, it may serve on the owner and occupier of the land¹a notice requiring steps for remedying the condition of the land to be taken within such period as may be specified.²

21.2 Any person on whom a notice has been served may appeal to a magistrates’ court (with a further appeal to the Crown Court)³(or in Wales to the Welsh Ministers) on various grounds:⁴

(a) that the condition of the land does not adversely affect the amenity of any part of the LPA’s area, or of any adjoining area;

(b) that the condition of the land is attributable to, and as such results in the ordinary course of events from, the carrying on of operations or a use of land which is not in contravention of Part III of the Town and Country Planning Act 1990 (TCPA 1990) (control over development);

(c) that the requirements of the notice exceed what is necessary for preventing the condition of the land from adversely affecting the amenity of part of the LPA’s area, or of any adjoining area; and

¹There are several options to help in tracing the owner or occupier of a potential s 215 site, for example by: (a) Land Registry search; (b) Companies House search; (c) internet search; (d) private investigators; and (e) information-gathering notices.

²TCPA 1990, s 215.

³TCPA 1990, s 218.

⁴The grounds are relatively limited and a carefully thought out, reasonable and skilfully composed notice should reduce the chances of an appeal being successful.

Page 398

398 Planning Law: A Practitioner’s Handbook

(d) that the period specified in the notice as the period within which any steps required by the notice are to be taken falls short of what should reasonably be allowed.⁵

21.3 Where an appeal is brought, the notice to which it relates shall be of no effect pending the final determination or withdrawal of the appeal.⁶

21.4 This procedure is probably of limited effect in practice in view of the defence that the activities in respect of which complaint is made do not constitute a breach of planning control.⁷In other words, action should not be taken against land, the poor condition of which is attributable in some way to the carrying out of operations or a use of land in accordance with Part III of the TCPA 1990.

21.5 Provision is made for penalties for non-compliance by an owner or occupier of land with a notice served under this part.⁸Where the notice has come into effect and the required steps have not been taken, the LPA has a power to go onto the land in order to clean it up itself and it can recover its reasonable expenses from the owner of the land.⁹Where direct action is to be taken, prior warning should be given by letter that the LPA and its appointed contractors intend to carry out the steps required by the notice. It is recommended that this is backed up by the display of a suitable notice of intent on the site carrying the same information. Prior warning of intended prosecution should also be given by letter.¹⁰

SCOPE OF POWER

21.6 Section 215 of the TCPA 1990 has been effectively used on large vacant industrial sites, town centre street frontages, rural sites, derelict buildings and semi-complete development, as well as the more typical rundown residential properties and overgrown gardens. In certain circumstances, early consideration of the use of section 215 could prevent a need...