Section 215 notice requiring maintenance of land
Section 215 notice requiring maintenance of land

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Section 215 notice requiring maintenance of land
  • Introduction
  • Key features
  • Guidance
  • Scope of power
  • Procedure
  • Offence
  • Right of appeal
  • Direct action
  • Human rights
  • more

Introduction

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'.Town and Country Planning Act 1990, s 215

The relevant legislation is contained in TCPA 1990, ss 215–219.

Key features

  1. It is a straightforward power which LPAs can use quickly

  2. Use of the power is discretionary; it is for each LPA to decide when it is appropriate to use it

  3. An LPA can prescribe such steps in the notice as it considers appropriate to remedy the adverse effect on amenity

  4. 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

  5. It is an offence not to comply with the notice—see: Offence below

  6. There is a right of appeal to the magistrates’ court—see: Right of appeal below

  7. 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

Guidance

The government has published best practice guidance on the use of the TCPA 1990, s 215 power.Town and Country Planning Act 1990 Section 215—Best Practice Guidance

Scope of power

An LPA may use the power in relation to any land where it considers the condition of that land adversely affects the amenity of a part of its area (or an adjoining area).TCPA 1990, s