|
Derelict land has been defined by the DoE as:
"land so damaged
by industrial or other development that it is incapable
of beneficial use without treatment"
Section
215 of the Town and Country Planning Act 1990 provides
local authorities with the power for cleaning up unsightly
land. If the condition of an area of land is deemed
to be having a detrimental effect on the amenity of
the surrounding "neighbourhood" then the authority
has the power (under section 215 of the Act) to serve
a notice requiring the owner / occupier to take steps
to remediate the land within a specified time period
(not less than 28 days).
Failure to comply with a served notice within the specified
time period is an offence and if convicted can lead
to a significant fine (up to level 3 on the standard
scale). If after conviction the owner / occupier does
not, as soon is practicable, take steps to comply with
the original notice the court has the power to impose
a fine of up to £40 for each day the requirements
of the notice remain unfulfilled.
If, after serving a notice, the local planning authority
feels that all the steps required by the notice have
not been taken they have the power to have the work
done themselves and recover the costs from the land
owner / occupier.
Section 217 allows the right to appeal against a served
notice on 3 grounds:
|
1.
|
No such harm as alleged in the notice has occurred
|
|
2.
|
Such activity is permitted by virtue of the lawful
use of the site
|
|
3.
|
The requirements of the notice were too onerous
or the period allowed for compliance too short
|
|
