Section 215 Notices and residential properties - Public forum - Planning Advisory Service (PAS)
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Started - July 2012
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Last activity - Today
Section 215 Notices and residential properties
We have several residential properties where complaints are received about the condition of gardens. These vary but the worst ones have old vehicles, storage of random items of a residential nature to the worst one which was subject to an arson attack and there are fire damaged items. If a Notice under S215 is served there is a right of appeal on the ground that the condition of the land is attributable to and results from the ordinary course of events of carrying out the permitted use. Has anyone ever come across this as a problem in dealing with an appeal in the Magistrates Court on similar issues.
Dont be weary or too cautious about S215 Notices and the use of them to tackle residential properties, including rear gardens where the amenity of only a few neighbouring properties is affected. If you feel that the impact of these properties is detrimental to amenity then you should go for it. It does not sound like any of the above is attributable in the ordinary course of events of a permitted use. This type of excuse is more typically used by, for example, a business with (unsightly) but legitimate outside storage etc. A well worded, clear and precise notice should suffice and dont worry about getting too technical in terms of defining 'amenity'. If an appeal is submitted concentrate on the everyday impact it is having on neighbouring residents. Good photos of the offending scene usually works wonders with the Magistrates.