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Town and Country Planning Act 1990

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[F1225APower to remove structures used for unauthorised displayE+W

(1)Subject to subsections (2), (3) and (5) and the right of appeal under section 225B, the local planning authority for an area in England may remove, and then dispose of, any display structure—

(a)which is in their area; and

(b)which, in the local planning authority's opinion, is used for the display of advertisements in contravention of regulations under section 220.

(2)Subsection (1) does not authorise the removal of a display structure in a building to which there is no public right of access.

(3)The local planning authority may not under subsection (1) remove a display structure unless the local planning authority have first served a removal notice on a person who appears to the local planning authority to be responsible for the erection or maintenance of the display structure.

(4)Subsection (3) applies only if there is a person—

(a)who appears to the local planning authority to be responsible for the erection or maintenance of the display structure; and

(b)whose name and address are either known by the local planning authority or could be ascertained by the local planning authority after reasonable enquiry.

(5)If subsection (3) does not apply, the local planning authority may not under subsection (1) remove a display structure unless the local planning authority have first—

(a)fixed a removal notice to the display structure or exhibited a removal notice in the vicinity of the display structure; and

(b)served a copy of that notice on the occupier of the land on which the display structure is situated.

(6)Subsection (5)(b) applies only if the local planning authority know who the occupier is or could identify the occupier after reasonable enquiry.

(7)Where—

(a)the local planning authority has served a removal notice in accordance with subsection (3) or (5)(b), and

(b)the display structure is not removed by the time specified in the removal notice,

the local planning authority may recover, from any person on whom the removal notice has been served under subsection (3) or (5)(b), expenses reasonably incurred by the local planning authority in exercising the local planning authority's power under subsection (1).

(8)Expenses are not recoverable under subsection (7) from a person if the person satisfies the local planning authority that the person was not responsible for the erection of the display structure and is not responsible for its maintenance.

(9)Where in the exercise of power under subsection (1) any damage is caused to land or chattels, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power, but compensation is not recoverable under this subsection or section 325(6)—

(a)for damage caused to the display structure; or

(b)for damage reasonably caused in removing the display structure.

(10)The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.

(11)In this section “removal notice”, in relation to a display structure, means notice—

(a)stating that in the local planning authority's opinion the display structure is used for the display of advertisements in contravention of regulations under section 220;

(b)stating that the local planning authority intend after a time specified in the notice to remove the display structure; and

(c)stating the effect of subsections (7) and (8).

(12)A time specified under subsection (11)(b) may not be earlier than the end of 22 days beginning with the date of the notice.

(13)In this section “display structure” means (subject to subsection (14))—

(a)a hoarding or similar structure used, or designed or adapted for use, for the display of advertisements;

(b)anything (other than a hoarding or similar structure) principally used, or designed or adapted principally for use, for the display of advertisements;

(c)a structure that is itself an advertisement; or

(d)fitments used to support anything within any of paragraphs (a) to (c).

(14)Something is a “display structure” for the purpose of this section only if—

(a)its use for the display of advertisement requires consent under this Chapter, and

(b)that consent has not been granted and is not deemed to have been granted.

(15)In subsection (13) “structure” includes movable structure.]

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Amendments (Textual)

F1Ss. 225A-225E inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(1), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

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