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 Section 216 Town and Country Planning act 1990 
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Joined: Tue Dec 18, 2007 12:09 am
Posts: 46
Location: Horbury,Wakefield
Post Section 216 Town and Country Planning act 1990
Anybody know how this will affect our park and public buidings?

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Mon Mar 30, 2009 10:24 pm
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Joined: Thu Apr 23, 2009 10:34 am
Posts: 3
Post Re: Section 216 Town and Country Planning act 1990
S215 of the Act concerns the power to serve improvement notices on land or buildings in a state of neglect or disrepair so as to negatively affect the amenity of an area. S216 details the enforcement penalties, which can include an initial fine, a cumulative fine for non-compliance and potentialy a criminal record.

Its impact is limited on parks and green spaces owned by local authorities, as councils cannot take out enforcement actions against themselves.. however, if land or buildings adjoining a park and not in council ownership are seen to impact on the amenity through negelect - substantial disrepair/flytipping etc.. the council planning enforcement officers may be able to serve an improvement notice.

The response to this power across the country varies, with some councils taking a very robust line and a low benchmark on what constitues an offence, and others extremely reluctant to make use of this mechanism. Hasting Borough Council seems a field leader in proactive use of S215 and they have a presentation on their website and seem very happy to talk about it.


Simon


Thu Apr 23, 2009 11:35 am
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