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?

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Published on LexisPSL on 07/05/2021

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • 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?

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?

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,

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