190 Enforcement of orders under s. 102 and Schedule 9.E+W
(1)This section applies where—
(a)any step required by an order under section 102 or paragraph 1 of Schedule 9 to be taken for the alteration or removal of any buildings or works or any plant or machinery;
(b)any step required by an order under paragraph 3 of that Schedule to be taken—
(i)for the alteration or removal of plant or machinery; or
(ii)for the removal or alleviation of any injury to amenity; or
(c)any step for the protection of the environment required to be taken by an order under paragraph 5 or 6 of that Schedule,
has not been taken within the period specified in the order or within such extended period as the local planning authority or, as the case may be, the mineral planning authority may allow.
(2)Where this section applies the local planning authority or, as the case may be, the mineral planning authority may enter the land and take the required step.
(3)Where the local planning authority or, as the case may be, the mineral planning authority have exercised their power under subsection (2) they may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Section 276 of the M1Public Health Act 1936 shall apply in relation to any works executed by an authority under subsection (2) as it applies in relation to works executed by a local authority under that Act.
Textual Amendments
F1S. 190(4) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32 , 84(6), Sch. 7 para. 31, Sch. 19 Pt.I (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1, Sch.2 (subject to art. 5)
Modifications etc. (not altering text)
C1S. 190: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
Marginal Citations