The Town and Country Planning General (Amendment) Regulations 1997

Statutory Instruments

1997 No. 3006

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning General (Amendment) Regulations 1997

Made

17th December 1997

Laid before Parliament

18th December 1997

Coming into force

8th January 1998

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respect Wales, in exercise of the powers conferred on them by sections 219(3) and (5) and 333(1) of the Town and Country Planning Act 1990(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Town and Country Planning General (Amendment) Regulations 1997 and shall come into force on 8th January 1998.

Amendment of the Town and Country Planning General Regulations 1992.

2.  After regulation 14(2) of the Town and Country Planning General Regulations 1992(2), insert—

“(3) Where a notice is served under section 215 of the 1990 Act, any expenses recoverable by a local planning authority under section 219(1) of that Act are, until recovered, a charge that is binding on successive owners of the land to which the notice relates, and the charge shall take effect as from the date of the completion by that authority of the steps required to be taken by the notice.”.

Signed by authority of the Secretary of State for the Environment

Richard Caborn

Minister of State,

Department of the Environment, Transport and the Regions

15th December 1997

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under Secretary of State Welsh Office

17th December 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning General Regulations 1992 in relation to land which is in a condition adversely affecting the amenity of a neighbourhood. Under section 215 of the Town and Country Planning Act 1990, a local planning authority may in certain circumstances serve a notice on the owner and occupier of such land, requring steps to be taken within a specified period to remedy its condition. If the steps are not taken within the specified period, the authority may, pursuant to section 219 of that Act, enter on the land and take those steps itself, recovering the expenses incurred from the landowner.

These Regulations provide that such expenses are a charge which is binding on successive owners of the land in question, taking effect as from the date on which the authority completes the work required to be done by the notice.

(1)

1990 c. 8; section 219(6) was repealed by paragraph 36 of Schedule 7 to the Planning and Compensation Act 1991(c. 34).

(2)

S.I. 1992/1492.