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Planning Act 2008

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230Service of documents to persons interested in or occupying premisesE+W+S

This sectionnoteType=Explanatory Notes has no associated

(1)Subsection (2) applies if—

(a)a notice or document is required or authorised to be served on or given or supplied to any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or

(b)a notice or document is required or authorised to be served on or given or supplied to any person as an occupier of premises.

(2)The notice or document is to be taken to be duly served, given or supplied if either the condition in subsection (3) or the condition in subsection (4) is met.

(3)The condition is that the notice or document—

(a)is addressed to the person either by name or by the description of “the owner” or, as the case may be, “the occupier” of the premises (describing them), and

(b)is delivered or sent—

(i)in the case of a notice mentioned in section 229(4), in the manner specified in section 229(1)(a), (b) or (d), and

(ii)in any other case, in the manner specified in section 229(1)(a), (b), (c) or (d).

(4)The condition is that the notice or document is so addressed and is marked in such a manner as may be prescribed for securing that it is plainly identifiable as an important communication and—

(a)it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or

(b)it is delivered to a person on those premises, or is affixed conspicuously to an object on those premises.

(5)Subsection (6) applies if—

(a)a notice or other document is required to be served on or given or supplied to all persons who have interests in or are occupiers of premises comprised in any land, and

(b)it appears to the authority required or authorised to serve, give or supply the notice or other document that any part of that land is unoccupied.

(6)The notice or other document is to be taken to be duly served on or given or supplied to all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if—

(a)it is addressed to “the owners and any occupiers” of that part of the land (describing it), and

(b)it is affixed conspicuously to an object on the land.

(7)This section is subject to any contrary provision made by or under this Act.

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