Prospective

PART 7 E+W OTHER POWERS RELATING TO USE OR CONDITION OF LAND

CHAPTER 1 E+W POWERS TO REQUIRE DISCONTINUANCE OF USE OF LAND ETC.

Enforcement of orders E+W

209 Powers to enter land, take steps required by order and recover costs E+W

(1) This section applies where—

(a) a discontinuance order imposes a requirement under section 206(5)(c) or (d) to take steps for the alteration or removal of any buildings or works or any plant or machinery;

(b) a prohibition order imposes a requirement under paragraph 1(6)(a) or (b) of Schedule 15 to take steps for—

(i) the alteration or removal of plant or machinery, or

(ii) the removal or alleviation of any injury to amenity;

(c) a protection order imposes a requirement under paragraph 5(5) of Schedule 15 to take steps for the protection of the environment.

(2) If a step required by the order has not been taken within the period specified in the order, or within a longer period allowed by the planning authority, the planning authority may at any reasonable time enter the land to which the order relates and take the step.

(3) Where the planning authority exercises the powers conferred by subsection (2), it may recover from a person who is then an owner of the land the costs it reasonably incurs in doing so.

(4) Subsection (5) applies where—

(a) the planning authority removes materials from land in the course of taking steps required by the order, and

(b) the owner of the materials does not, within 3 days after the day they are removed, claim the materials and take them away.

(5) The planning authority—

(a) may sell the materials, and

(b) if it does so, must pay the proceeds to the person who owned the materials, after deducting any costs recoverable by it from the person.

(6) In this section “the planning authority” means the planning authority in whose area the land to which the order relates is situated.

Commencement Information

I1 S. 209 not in force at Royal Assent, see s. 409(2)