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Town and Country Planning Act 1990

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This is the original version (as it was originally enacted).

178Execution and cost of works required by enforcement notice

(1)If any steps which by virtue of section 173(2)(a) are required by an enforcement notice to be taken (other than the discontinuance of a use of land) have not been taken within the compliance period, the local planning authority may—

(a)enter the land and take those steps, and

(b)recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

(2)Where a copy of an enforcement notice has been served in respect of any breach of planning control (as defined in section 172(3))—

(a)any expenses incurred by the owner or occupier of any land for the purpose of complying with the notice, and

(b)any sums paid by the owner of any land under subsection (1) in respect of expenses incurred by the local planning authority in taking steps required by such a notice to be taken,

shall be deemed to be incurred or paid for the use and at the request of the person by whom the breach of planning control was committed.

(3)Regulations made under this Act may provide that—

(a)section 276 of the [1936 c. 49.] Public Health Act 1936, (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);

(b)section 289 of that Act (power to require the occupier of any premises to permit works to be executed by the owner of the premises); and

(c)section 294 of that Act (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act),

shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by an enforcement notice.

(4)Regulations under subsection (3) applying section 289 of the Public Health Act 1936 may include adaptations and modifications for the purpose of giving the owner of land to which an enforcement notice relates the right, as against all other persons interested in the land, to comply with the requirements of the enforcement notice.

(5)Regulations under subsection (3) may also provide for the charging on the land of any expenses recoverable by a local planning authority under subsection (1).

(6)Where by virtue of this section any expenses are recoverable by a local planning authority, those expenses shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(7)In this section and in sections 179, 183 and 184 any reference to the compliance period, in relation to an enforcement notice, is a reference to the period specified in the notice for compliance with it or such extended period as the local planning authority may allow for compliance with it.

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