PART 4ENFORCEMENT

Investigatory powers

114Power of planning authority to serve enforcement investigation notice

(1)

This section applies where a planning authority considers that there may have been a breach of planning control in respect of any land in its area.

(2)

The authority may serve an enforcement investigation notice on any person who—

(a)

is an owner or occupier of the land or has any other interest in it, or

(b)

is carrying out operations on the land or using it for any purpose.

(3)

An enforcement investigation notice must—

(a)

specify the matters that the planning authority considers may constitute a breach of planning control, and

(b)

require the person on whom it is served (“the recipient”) to give the authority information specified in the notice, so far as the recipient is able to do so.

(4)

The information that may be specified in the notice is information about—

(a)

any operations being carried out on the land, any use of the land and any other activities being carried out on it, and

(b)

any matter relating to the conditions subject to which planning permission has been granted in respect of the land.

(5)

The notice may, for example, require the recipient to do any of the following (so far as the recipient is able to do so)—

(a)

to state whether or not the land is being used for a purpose specified in the notice, or whether operations or activities specified in the notice are being or have been carried out on the land;

(b)

to state when any use of the land, or any operations or activities on it, started;

(c)

to give the name and postal address of any person known to the recipient to use or have used the land for any purpose, or to be carrying out or have carried out any operations or activities on the land;

(d)

to give information the recipient holds about planning permission for any use of the land or operations on it, or about any reason for planning permission not being required for the use or operations;

(e)

to state the nature of the recipient’s interest (if any) in the land and the name and postal address of any other person known to the recipient to have an interest in it.

(6)

An enforcement investigation notice may specify a time and place at which the planning authority will consider—

(a)

any offer the recipient wishes to make to—

(i)

apply for planning permission,

(ii)

refrain from carrying out operations or activities, or

(iii)

carry out remedial works, and

(b)

any representations the recipient wishes to make about the notice.

(7)

If it does so, the authority must give the recipient an opportunity to make an offer or representations in person at the time and place specified.

(8)

An enforcement investigation notice must inform the recipient—

(a)

of the likely consequences of failing to respond to the notice and, in particular, that enforcement action may be taken, and

(b)

of the effect of sections 124(6) and 152(7) (which exclude certain rights to compensation where loss or damage could have been avoided by complying with an enforcement investigation notice).

(9)

The recipient of an enforcement investigation notice must comply with the requirements of the notice by giving information in writing to the planning authority.

(10)

The service of an enforcement investigation notice does not affect any other power exercisable in respect of a breach of planning control.