The following Planning practice note provides comprehensive and up to date legal information covering:
The purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take steps to require land to be cleared up where its condition affects the amenity of the area. It does this by serving a 'section 215 notice'.
The relevant legislation is contained in TCPA 1990, ss 215–219.
It is a straightforward power which LPAs can use quickly
Use of the power is discretionary; it is for each LPA to decide when it is appropriate to use it
An LPA can prescribe such steps in the notice as it considers appropriate to remedy the adverse effect on amenity
Amenity is not defined in the legislation, but case law suggests that it should be treated as a broad concept—see: Scope of power below
It is an offence not to comply with the notice—see: Offence below
There is a right of appeal to the magistrates’ court—see: Right of appeal below
LPAs can choose to take direct action if the notice is not complied with (ie the LPA can carry out the works itself)—see: Direct action below
The government has published best practice guidance on the use of the TCPA 1990, s 215 power.
An LPA may use the power in relation to any land where it considers the condition of that land
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