Q&As
What planning enforcement action may be taken against a shipping container placed in a residential garden? Could a notice under section 215 of the Town and Country Planning Act 1990, or an enforcement notice under section 172, be used for this purpose?
Read full title
Published on: 07 May 2021
You have asked: What planning enforcement action may be taken against a shipping container placed in a residential garden? Could a notice under section 215 of the Town and Country Planning Act 1990 (TCPA 1990), or an enforcement notice under section 172, be used for this purpose?
The Council can, in certain circumstances, enforce against a shipping container placed in a residential garden. The Council has a discretion to enforce against a breach of planning control under section 172 of the TCPA 1990 if it considers it expedient to do so. A breach of planning control is defined as development without planning permission or a breach of a condition attached to an existing planning permission. ‘Development’ is defined as operational development which includes the erection of buildings and a material change of use. The placing of a container, subject to
Access this content for free with a 7 day trial of LexisNexis and benefit from:
- Instant clarification on points of law
- Smart search
- Workflow tools
- 42 practice areas
Get your quote today and take step closer to being able to benefit from:
- Instant clarification on points of law
- Smart search
- Workflow tools
- 36 practice areas
Get a LexisNexis quote
* denotes a required field
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Enforcement definition
What does Enforcement mean?
The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.
CONTACT US
