ISLE OF WIGHT COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY 15 MARCH 2005
Officer: Chris Hougham, Development Control Manager Tel: (01983) 823567
To familiarise Members with the publication of a Best
Practice Guide into the use of Section 215 produced by the Office of the Deputy
Prime Minister (ODPM).
Background
Members will know that Section 215 provides a local planning
authority with the power, in certain, circumstances to take steps requiring
land to be cleaned up when its condition adversely affects the amenity of the
area. If it appears that the amenity of part of their area is being adversely
affected by the condition of neighbouring land and buildings, they may serve a
notice on the owner requiring the situation to be remedied.
The use of this power is discretionary and it is therefore
up to the local planning authority to decide whether a notice under these
provisions would be appropriate in a particular case, taking into account all
the local circumstances.
Planning Research Report, Derelict Land and Section 215 Powers, published in September 2000
concluded that there were no fundamental problems with existing legislation and
that Section 215 and associated powers provided an affective mechanism for
tackling unsightly land, both as a “threat” and through the formal serving of a
notice and through working default.
Financial Implications
A significant increase in the service of the Section 215
Notices would have obvious financial implications in terms of the staff
resources available to the Council. This latest publication also focuses on the
need to maintain a separate “pot” to carry out works in default.
|
Options To note the Best Practice Guidance produced in connection
with Section 215 of the Town & Country Planning Act 1990. |
Conclusions
ODPM advises that Section 215 is a relatively straight
forward power that can deliver important, tangible and lasting improvements to
amenity. He also recognises that many LPAs are successfully using Section 215
as a regenerative tool and consequently believes that any problems with the use
of this particular power, particularly definitions, would be best addressed
through the “informal” dissemination of information. This
has lead to the publication of the Best Practice Guidance.
As Development Control Manager I feel that this Authority has
made relatively extensive use of the powers available under Section 215 and
this Best Practice Guidance is welcomed as it not only provides the necessary
guidance and provides us with standard formats in terms of warning letters,
actual notices etc. but also confirms that we have interpreted and applied this
power in a correct manner.
Scope of Power
Section 215 has been effectively used on large vacant
industrial sites, town centre street frontages, rural sites, derelict buildings
and semi complete development as well as the more typical run down residential
properties and over grown gardens. The scope of the works that can be required
in a Section 215 Notice is wide and includes planting, clearance, tidying,
enclosure, demolition, rebuilding, external repairs and repainting.
Authorities are asked to bear in mind that when a situation
goes beyond the remit of a Section 215 Notice there are other powers that an
LPA can rely upon to affect a remedy.
Under current planning legislation the ODPM also highlights
Repairs and Urgent Works Notice (Listed Buildings) and Completion Notices and
Compulsory Purchase Orders.
Definition of “amenity”
Amenity is a broad concept and normally defined in the
legislation procedural guidance as it a matter of fact and degree and certainly
common sense. Experience has shown that where a Section 215 Notice is appealed
or a prosecution is pursued, a clear and well presented case will usually be
sufficient to ensure that the appeal is refused.
The “Ripple” Effect
ODPM identifies one particular benefit of successful use of
Section 215 Notices is the “ripple” effect it generates, especially in
residential areas. LPAs have reported that often once a notice has been issued
and work begun, work on neighbouring properties has also commenced, resulting
in improved standards and conditions of a wide area.
Issuing a Section 215 Notice
Notices should be clear, precise and unambiguous.
Appeals
Appeal against the Section 215 Notices to the Magistrate’s Court.
The grounds of appeal against the notice are set out in ss217-218 of the Act.
In reality, they are relatively limited and are carefully thought out,
reasonable and skilfully composed notice should tend to reduce the chances of
an appeal being successful.
Human Rights
Article 8 and Article 1 of the First Protocol to the
Convention of Human Rights state that a person is entitled to the right to
respect for private and family life, and the peaceful enjoyment of his/her
property. However, these rights are qualified in that they must be set against
the general interest and the protection of rights and the freedom of others. In
this case, the wider impact the appearance of the land over rules the owners
right to the peaceful enjoyment of his/her property.
Cost Recovery
An Authority faced with dealing with a non-compliance with
the non-compliance of a Section 215 Notice affectively has two options; one is
to prosecute for non-compliance and the other is to take direct action.
ODPM advises that a Local Planning Authority budget is not
normally needed for direct action works to be carried out in default, as costs
are normally met from revenue, not capital. Authorities that have undertaken
works themselves have not experienced great difficulties in recovering costs.
Where cost cannot be immediately recovered, LPAs have the option of registering
a charge on the property with the Land Registry, thus assuring full costs
recovering plus base-interest.
Investigations and use of these discretionary powers are the
responsibility of the Enforcement Team Leader.
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RECOMMENDATION To note the Best
Practice Guidance produced in connection with Section 215 of the Town &
Country Planning Act 1990. |
ANDREW ASHCROFT
Head of Planning
Services