s. 215 on the land for perpetuity? - Public forum - Planning Advisory Service (PAS)
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Started - July 2012
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Last activity - Yesterday
s. 215 on the land for perpetuity?
Hi, Does anyone know or have any experience of whether section 215 notices remain in perpetuity on the land? We have an untidy site in our borough of which a s.215 was issued and complied with in 2010 and the enforcement case was subsequently closed. However, it would appear that no further site clearing has occured since the untidy site notice was issued and thus the problem has arisen again. My question is will a new notice have to be issued or will the previous notice issued in 2010 be suffice? Many Thanks
Hi. It is my understanding that once a s.215 notice is complied with, it is discharged and you have a issue a fresh notice to deal with any subsequent problems, even if they are similar to those covered in the previous notice. We have certainly always done this in our authority.
If the Notice includes as one of the requirements that (following remedial works) 'the land to be maintained in a tidy condition' (or similar wording) then does this allow the Notice to remain in force or do you have to serve a fresh one every time the condition of the land deteriorates?
I think that the notice can only require such steps as may be necessary to remedy the condition of the land. It doesn't allow you to require the land to be maintained in a certain way in the future. If it deteriorates again, you would have to issue a fresh notice.
It would be unusual to include maintenance of the land as a compliance requirement within a S215 Notice. It is good practice to include maintenance of the land as information. However there is a six month period in which to undertake prosecution against failure to comply with the requirements of a S215. Therefore a fresh notice would generally be required with reference to previous action and lack of maintenance despite prior communications and action. This will strengthen a case of this nature and if this appears before the magistrates they are unlikely to side with the offender or appellant.