PART 7OTHER POWERS RELATING TO USE OR CONDITION OF LAND
CHAPTER 2LAND ADVERSELY AFFECTING AMENITY OF NEIGHBOURHOOD
Maintenance of land notices
214Power of planning authority to issue maintenance of land notice
(1)
A planning authority may issue a maintenance of land notice if it considers that the condition of any land in its area is adversely affecting the amenity of part of its area or of an adjoining area.
(2)
But an authority may not issue a notice if it considers that the condition of the land results in the ordinary course of events from operations or use that do not constitute a breach of planning control or a failure to comply with a planning obligation, discontinuance order, prohibition order or protection order.
(3)
A maintenance of land notice must—
(a)
require steps specified in the notice to be taken to remedy the condition of the land to which it relates,
(b)
specify the date on which it is to take effect, and
(c)
specify the period within which the steps specified in it must be taken.
(4)
The notice takes effect at the beginning of the day specified under subsection (3)(b); but where an appeal is made against the notice under section 215, this is subject to subsection (4)(a) of that section and section 379(4).
(5)
Where a planning authority issues a maintenance of land notice, it must serve a copy of the notice on every owner and occupier of the land to which the notice relates.
(6)
Each copy of the notice must be served—
(a)
before the end of 28 days after the day the notice is issued, and
(b)
at least 28 days before the date specified in the notice as the date on which it is to take effect.
(7)
Regulations may require a planning authority to include with every copy of a maintenance of land notice served under this section an explanatory note giving information specified in the regulations about the right of appeal under section 215.