If the Local Planning Authority considers that the condition of land or buildings is having a harmful effect, or is adversely affecting the amenity of the area, they may serve a Notice under Section 215 of the Town and Country Planning Act 1990.
- LPAs should use s215 powers proactively; they should not just be complaint led. LPAs should certainly not be afraid of using s215 powers. LPAs have reported that it is a relatively straight forward power to use and that it can deliver extremely good results.
- …s215 notices may be used successfully is in relation to listed buildings and their setting, and especially useful in the enhancement of conservation areas.
- …The scope of works that can be required in s215 notices is wide and includes planting, clearance, tidying, enclosure, demolition, re-building, external repairs and repainting.
- Section 215 has been effectively used on town centre street frontages, rural sites, derelict buildings, large vacant industrial sites, 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 s215 could prevent a need for use of s54 of the Planning (Listed Buildings & Conservation Areas) Act 1990 (Urgent Works Notice).
The Notice may require certain steps to be undertaken by the owner of the land to remedy its condition. Failure to comply with a Section 215 Notice is an offense that could be the subject of a prosecution. In addition, the Local Planning Authority have the power to enter the land, carry out the work and charge the cost of such work to the landowner, which may also involve a financial charge on the land.
More details and best practice in: Section 215 Best Practice Guidance
Historic England: Stop the Rot: Step by Step guide to s215 notices.
Any questions or suggestions? Contact cpneighbours on email@example.com