Compliance with notices of unauthorised development
Section 114 – Order to permit steps required by notice of unauthorised development
303.This section allows the owner of land to apply for an order to a magistrates’ court to require another person with an interest in the land to permit the owner to take such steps as required by a notice of unauthorised development.
304.Where the court is satisfied that a person with an interest in the land is preventing the owner from taking such steps, the court may make an order.
Section 115 – Power to enter land and take steps required by notice of unauthorised development
305.This section provides that where any steps required to be taken by a notice of unauthorised development have not been taken within the period specified in the notice, the planning authority who issued the notice of unauthorised development, or the Welsh Ministers if they issued the notice, may enter the land to which the notice relates at any reasonable time and take the step(s) themselves.
306.A person who intentionally obstructs a person exercising their power under this section commits an offence. A person may be tried in the magistrates’ court and, where found guilty, will be liable to an unlimited fine.
Section 116 – Recovery of costs of compliance with notice of unauthorised development
307.This section provides that where a relevant planning authority or the Welsh Ministers exercise the power under section 115, they may recover their costs from a person who is then the owner of the land.
308.Any costs recoverable are, until recovered, to be a charge on the land to which the notice of unauthorised development relates and takes effect as a local land charge at the beginning of the day after the day the planning authority or the Welsh Ministers completes the step(s) specified in the notice of unauthorised development to which the costs relate.
309.This section also specifies materials may be removed from the land when taking steps required by a notice of unauthorised development and where the owner of the materials does not claim them and take them away within 3 days beginning the day after they are removed, the materials may be sold.
310.If materials are sold, the proceeds must be paid to the person who owned the materials, after deducting any recoverable costs.
311.Costs may not be recovered under this section from the Crown.
