Localism Bill (HL Bill 71)

(5) The persons entitled to appear before, and be heard by, the court
hearing an application for a planning enforcement order in relation to
an apparent breach of planning control in respect of any land include—

(a) the applicant,

(b) 5any person on whom a copy of the application was served
under subsection (4), and

(c) any other person having an interest in the land that is an interest
which, in the opinion of the court, would be materially affected
by the taking of enforcement action in respect of the apparent
10breach.

(6) In this section “planning enforcement order” means an order under
section 171BA(1).

171BC Making a planning enforcement order

(1) A magistrates’ court may make a planning enforcement order in
15relation to an apparent breach of planning control only if—

(a) the court is satisfied, on the balance of probabilities, that the
actions of a person or persons have resulted in, or contributed
to, full or partial concealment of the apparent breach or any of
the matters constituting the apparent breach, and

(b) 20the court considers it just to make the order having regard to all
the circumstances.

(2) For the purposes of subsection (1), a person’s actions are to be taken to
include—

(a) representations made by the person, and

(b) 25inaction on the person’s part.

(3) A planning enforcement order must—

(a) identify the apparent breach of planning control to which it
relates, and

(b) state the date on which the court’s decision to make the order
30was given.

(4) In this section “planning enforcement order” means an order under
section 171BA(1).”

(2) In section 188 of the Town and Country Planning Act 1990 (register of
enforcement and stop notices)—

(a) 35in subsection (1) (matters to which registers apply) before paragraph (a)
insert—

“(za) to planning enforcement orders,”,

(b) in subsection (2)(a) (development order may make provision about
removal of entries from register)—

(i) 40before “enforcement notice” insert “planning enforcement
order,”,

(ii) before “any such notice” insert “any planning enforcement
order or”, and

(iii) after “specified in the” insert “development”,

(c) 45in subsection (2)(b) (development order may make provision about
supply of information by county planning authority) after “served by”
insert “, and planning enforcement orders made on applications made
by,”,

(d) after subsection (3) insert—

“(4) In this section “planning enforcement order” means an order
under section 171BA(1).”, and

(e) in the heading after “and stop notices” insert “and other enforcement
5action”.

(3) In section 191 of the Town and Country Planning Act 1990 (certificate of
lawfulness of existing use or development) after subsection (3) insert—

“(3A) In determining for the purposes of this section whether the time for
taking enforcement action in respect of a matter has expired, that time
10is to be taken not to have expired if—

(a) the time for applying for an order under section 171BA(1) (a
“planning enforcement order”) in relation to the matter has not
expired,

(b) an application has been made for a planning enforcement order
15in relation to the matter and the application has neither been
decided nor been withdrawn, or

(c) a planning enforcement order has been made in relation to the
matter, the order has not been rescinded and the enforcement
year for the order (whether or not it has begun) has not
20expired.”

110 Planning offences: time limits and penalties

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 187A(12) (maximum penalty of level 3 on standard scale for offence
of being in breach of a breach of condition notice) for “fine not exceeding level
253 on the standard scale” substitute “fine—

(a) not exceeding level 4 on the standard scale if the land is in
England;

(b) not exceeding level 3 on the standard scale if the land is in
Wales”.

(3) 30In section 210 (penalties for non-compliance with tree preservation
regulations) after subsection (4) insert—

“(4A) Proceedings for an offence under subsection (4) may be brought within
the period of 6 months beginning with the date on which evidence
sufficient in the opinion of the prosecutor to justify the proceedings
35came to the prosecutor’s knowledge.

(4B) Subsection (4A) does not authorise the commencement of proceedings
for an offence more than 3 years after the date on which the offence was
committed.

(4C) For the purposes of subsection (4A), a certificate—

(a) 40signed by or on behalf of the prosecutor, and

(b) stating the date on which evidence sufficient in the prosecutor’s
opinion to justify the proceedings came to the prosecutor’s
knowledge,

is conclusive evidence of that fact.

(4D) A certificate stating that matter and purporting to be so signed is to be
deemed to be so signed unless the contrary is proved.

(4E) Subsection (4A) does not apply in relation to an offence in respect of a
tree in Wales.”

(4) 5In section 224 (enforcement of control as to advertisements) after subsection (6)
insert—

“(7) Proceedings for an offence under subsection (3) may be brought within
the period of 6 months beginning with the date on which evidence
sufficient in the opinion of the prosecutor to justify the proceedings
10came to the prosecutor’s knowledge.

(8) Subsection (7) does not authorise the commencement of proceedings
for an offence more than 3 years after the date on which the offence was
committed.

(9) For the purposes of subsection (7), a certificate—

(a) 15signed by or on behalf of the prosecutor, and

(b) stating the date on which evidence sufficient in the prosecutor’s
opinion to justify the proceedings came to the prosecutor’s
knowledge,

is conclusive evidence of that fact.

(10) 20A certificate stating that matter and purporting to be so signed is to be
deemed to be so signed unless the contrary is proved.

(11) Subsection (7) does not apply in relation to an offence in respect of an
advertisement in Wales.”

(5) An amendment made by this section applies only in relation to offences
25committed after the amendment has come into force.

111 Powers in relation to: unauthorised advertisements; defacement of premises

(1) In Part 8 of the Town and Country Planning Act 1990 (special controls) in
Chapter 3 (advertisements) after section 225 insert—

“225A Power to remove structures used for unauthorised display

(1) 30Subject to subsections (2), (3) and (5), the local planning authority for an
area in England may remove, and then dispose of, any display
structure—

(a) which is in their area; and

(b) which, in the local planning authority’s opinion, is used for the
35display of advertisements in contravention of regulations made
under section 220.

(2) Subsection (1) does not authorise the removal of a display structure in
a building to which there is no public right of access.

(3) The local planning authority may not under subsection (1) remove a
40display structure unless the local planning authority have first served a
removal notice on a person who appears to the local planning authority
to be responsible for the erection or maintenance of the display
structure.

(4) Subsection (3) applies only if there is a person—

(a) who appears to the local planning authority to be responsible
for the erection or maintenance of the display structure; and

(b) whose name and address are either known by the local
5planning authority or could be ascertained by the local planning
authority after reasonable enquiry.

(5) If subsection (3) does not apply, the local planning authority may not
under subsection (1) remove a display structure unless the local
planning authority have first—

(a) 10fixed a removal notice to the display structure or exhibited a
removal notice in the vicinity of the display structure; and

(b) served a copy of that notice on the occupier of the land on which
the display structure is situated.

(6) Subsection (5)(b) applies only if the local planning authority know who
15the occupier is or could identify the occupier after reasonable enquiry.

(7) Where—

(a) the local planning authority has served a removal notice in
accordance with subsection (3) or (5)(b), and

(b) the display structure is not removed within the period specified
20in the removal notice,

the local planning authority may recover, from any person on whom
the removal notice has been served under subsection (3) or (5)(b),
expenses reasonably incurred by the local planning authority in
exercising the local planning authority’s power under subsection (1).

(8) 25Expenses are not recoverable under subsection (7) from a person if the
person satisfies the local planning authority that the person was not
responsible for the erection of the display structure and is not
responsible for its maintenance.

(9) Where in the exercise of power under subsection (1) any damage is
30caused to land or chattels, compensation may be recovered by any
person suffering the damage from the local planning authority
exercising the power, but compensation is not recoverable under this
subsection or section 325(6)—

(a) for damage caused to the display structure; or

(b) 35for damage reasonably caused in removing the display
structure.

(10) The provisions of section 118 apply in relation to compensation under
subsection (9) as they apply in relation to compensation under Part 4.

(11) In this section “removal notice”, in relation to a display structure,
40means notice—

(a) stating that in the local planning authority’s opinion the display
structure is used for the display of advertisements in
contravention of regulations under section 220;

(b) stating that the local planning authority intend after a time
45specified in the notice to remove the display structure; and

(c) stating the effect of subsections (7) and (8).

(12) A time specified under subsection (11)(b) may not be earlier than the
end of 22 days beginning with the date of the notice.

(13) In this section “display structure” means (subject to subsection (14))—

(a) a hoarding or similar structure used, or designed or adapted for
use, for the display of advertisements;

(b) anything (other than a hoarding or similar structure)
5principally used, or designed or adapted principally for use, for
the display of advertisements;

(c) a structure that is itself an advertisement; or

(d) fitments used to support anything within any of paragraphs (a)
to (c).

(14) 10Something is a “display structure” for the purpose of this section only
if—

(a) its use for the display of advertisement requires consent under
this Chapter, and

(b) that consent has not been granted and is not deemed to have
15been granted.

(15) In subsection (13) “structure” includes movable structure.

225B Remedying persistent problems with unauthorised advertisements

(1) Subsections (2) and (3) apply if the local planning authority for an area
in England have reason to believe that there is a persistent problem
20with the display of unauthorised advertisements on a surface of—

(a) any building, wall, fence or other structure or erection; or

(b) any apparatus or plant.

(2) The local planning authority may serve an action notice on the owner
or occupier of the land in or on which the surface is situated.

(3) 25If after reasonable enquiry the local planning authority—

(a) are unable to ascertain the name and address of the owner, and

(b) are unable to ascertain the name and address of the occupier,

the local planning authority may fix an action notice to the surface.

(4) For the purposes of this section “an action notice”, in relation to a
30surface, is a notice requiring the owner or occupier of the land in or on
which the surface is situated to carry out the measures specified in the
notice by a time specified in the notice.

(5) A time may be specified in an action notice if it is a reasonable time not
earlier than the end of 28 days beginning with the date of the notice.

(6) 35Measures may be specified in an action notice if they are reasonable
measures to prevent or reduce the frequency of the display of
unauthorised advertisements on the surface concerned.

(7) The time by which an owner or occupier must comply with an action
notice may be postponed by the local planning authority.

(8) 40This section has effect subject to—

(a) the other provisions of the enactments relating to town and
country planning;

(b) the provisions of the enactments relating to historic buildings
and ancient monuments; and

(c) Part 2 of the Food and Environmental Protection Act 1985
(which relates to deposits in the sea).

(9) Subsection (10) applies if—

(a) an action notice is served under subsection (2) or fixed under
5subsection (3); and

(b) the measures specified in the notice are not carried out by the
time specified in the notice.

(10) The local planning authority may—

(a) carry out the measures; and

(b) 10recover expenses reasonably incurred by the local planning
authority in doing that from the person required by the action
notice to do it.

(11) Power under subsection (10)(a) is subject to the right of appeal under
section 225C.

(12) 15Where in the exercise of power under subsection (10)(a) any damage is
caused to land or chattels, compensation may be recovered by any
person suffering the damage from the local planning authority
exercising the power, but compensation is not recoverable under this
subsection for damage reasonably caused in carrying out the measures.

(13) 20The provisions of section 118 apply in relation to compensation under
subsection (12) as they apply in relation to compensation under Part 4.

(14) The local planning authority may not recover expenses under
subsection (10)(b) in respect of a surface that—

(a) forms part of a flat or a dwellinghouse;

(b) 25is within the curtilage of a dwellinghouse; or

(c) forms part of the boundary of the curtilage of a dwellinghouse.

(15) Each of sections 275 and 291 of the Public Health Act 1936 (provision
for authority to agree to take the required measures at expense of
owner or occupier, and provision for expenses to be recoverable also
30from owner’s successor or from occupier and to be charged on
premises concerned) applies as if the reference in that section to that
Act included a reference to this section.

(16) In this section—

• “dwellinghouse” does not include a building containing one or
  35more flats, or a flat contained within such a building;

• “flat” means a separate and self-contained set of premises
  constructed or adapted for use as a dwelling and forming part
  of a building from some other part of which it is divided
  horizontally;

• 40 “unauthorised advertisement” means an advertisement in respect
  of which an offence—

  (a)

  under section 224(3), or

  (b)

  under section 132 of the Highways Act 1980
  (unauthorised marks on highway),

  45is committed after the coming into force of this section.

225C Right to appeal against notice under section 225B

(1) A person on whom notice has been served under section 225B(2) may
appeal to a magistrates’ court on any of the following grounds—

(a) that there is no problem with the display of unauthorised
5advertisements on the surface concerned or any such problem
is not a persistent one;

(b) that there has been some informality, defect or error in, or in
connection with, the notice;

(c) that the time within which the measures specified in the notice
10are to be carried out is not reasonably sufficient for the purpose;

(d) that the notice should have been served on another person.

(2) The occupier or owner of premises which include a surface to which a
notice has been fixed under section 225B(3) may appeal to a
magistrates’ court on any of the following grounds—

(a) 15that there is no problem with the display of unauthorised
advertisements on the surface concerned or any such problem
is not a persistent one;

(b) that there has been some informality, defect or error in, or in
connection with, the notice;

(c) 20that the time within which the measures specified in the notice
are to be carried out is not reasonably sufficient for the purpose.

(3) So far as an appeal under this section is based on the ground mentioned
in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is
satisfied that the informality, defect or error was not a material one.

(4) 25If an appeal under subsection (1) is based on the ground mentioned in
subsection (1)(d), the appellant must serve a copy of the notice of
appeal on each person who the appellant considers is a person on
whom the notice under section 225B(2) should have been served.

(5) If—

(a) 30notice under section 225B(2) is served on a person, and

(b) the local planning authority bring proceedings against the
person for the recovery under section 225B(10)(b) of any
expenses,

it is not open to the person to raise in the proceedings any question
35which the person could have raised in an appeal under subsection (1).

225D Applying section 225B to statutory undertakers’ operational land

(1) Subsection (2) and (3) apply where the local planning authority serves
a notice under section 225B(2) requiring a statutory undertaker to carry
out measures in respect of the display of unauthorised advertisements
40on a surface on its operational land.

(2) The statutory undertaker may, within 28 days beginning with the date
of service of the notice, serve a counter-notice on the local planning
authority specifying alternative measures which will in the statutory
undertaker’s reasonable opinion have the effect of preventing or
45reducing the frequency of the display of unauthorised advertisements
on the surface to at least the same extent as the measures specified in
the notice.

(3) Where a counter-notice is served under subsection (2), the notice under
section 225B(2) is to be treated—

(a) as requiring the alternative measures specified in the counter-
notice to be carried out (instead of the measures actually
5required by the notice under section 225B(2)); and

(b) as having been served on the date on which the counter-notice
is served.

(4) The time by which a statutory undertaker must carry out the measures
specified in a counter-notice served under subsection (2) may be
10postponed by the local planning authority.”

(2) In Part 8 of the Town and Country Planning Act 1990 (special controls) after
Chapter 3 insert—

“CHAPTER 4 Remedying defacement of premises

225E Power to remedy defacement of premises

(1) 15Subsections (2) and (3) apply if—

(a) premises in England include a surface that is readily visible
from a place to which the public have access;

(b) either—

(i) the surface does not form part of the operational land of
20a statutory undertaker, or

(ii) the surface forms part of the operational land of a
statutory undertaker and subsection (11) applies to the
surface;

(c) there is a sign on the surface; and

(d) 25the local planning authority consider the sign to be detrimental
to the amenity of the area or offensive.

(2) The local planning authority may serve on the occupier of the premises
a notice requiring the occupier to remove or obliterate the sign by a time
specified in the notice.

(3) 30If it appears to the local planning authority that there is no occupier of
the premises, the local planning authority may fix to the surface a notice
requiring the owner or occupier of the premises to remove or obliterate
the sign by a time specified in the notice.

(4) A time specified under subsection (2) or (3) may not be earlier than the
35end of 15 days beginning the date of service or fixing of the notice.

(5) Subsection (6) applies if—

(a) a notice is served under subsection (2) or fixed under subsection
(3); and

(b) the sign is neither removed nor obliterated by the time specified
40in the notice.

(6) The local planning authority may—

(a) remove or obliterate the sign; and

(b) recover expenses reasonably incurred by the local planning
authority in doing that from the person required by the notice
to do it.

(7) Power under subsection (6)(a) is subject to the right of appeal under
5section 225H.

(8) Expenses may not be recovered under subsection (6)(b) if the surface—

(a) forms part of a flat or a dwellinghouse;

(b) is within the curtilage of a dwellinghouse; or

(c) forms part of the boundary of the curtilage of a dwellinghouse.

(9) 10Section 291 of the Public Health Act 1936 (provision for expenses to be
recoverable also from owner’s successor or from occupier and to be
charged on premises concerned) applies as if the reference in that
section to that Act included a reference to this section.

(10) For the purposes of this section, a universal postal service provider is
15treated as being the occupier of any plant or apparatus that consists of
a universal postal service letter box or a universal postal service pouch-
box belonging to it.

(11) This subsection applies to a surface if the surface abuts on, or is one to
which access is given directly from, either—

(a) 20a street; or

(b) any place, other than a street, to which the public have access as
of right.

(12) In this section—

• “dwellinghouse” does not include a building containing one or
  25more flats, or a flat contained within such a building;

• “flat” means a separate and self-contained set of premises
  constructed or adapted for use as a dwelling and forming part
  of a building from some other part of which it is divided
  horizontally;

• 30“premises” means building, wall, fence or other structure or
  erection, or apparatus or plant;

• “sign”—

  (a)

  includes any writing, letter, picture, device or
  representation, but

  (b)

  35does not include an advertisement;

• “statutory undertaker” does not include a relevant airport
  operator (within the meaning of Part 5 of the Airports Act 1986);

• “street” includes any highway, any bridge carrying a highway and
  any road, lane, mews, footway, square, court, alley or passage,
  40whether a thoroughfare or not;

• “universal postal service letter box” has the meaning given in
  section 86(4) of the Postal Services Act 2000;

• “universal postal service pouch-box” has the meaning given in
  paragraph 1(10) of Schedule 6 to that Act.

225F 45Notices under section 225E in respect of post boxes

(1) The local planning authority may serve a notice under section 225E(2)
on a universal postal service provider in respect of a universal postal

service letter box, or universal postal service pouch box, belonging to
the provider only if—

(a) the authority has served on the provider written notice of the
authority’s intention to do so; and

(b) 5the period of 28 days beginning with the date of service of that
notice has ended.

(2) In this section—

• “universal postal service letter box” has the meaning given in
  section 86(4) of the Postal Services Act 2000;

• 10“universal postal service pouch-box” has the meaning given in
  paragraph 1(10) of Schedule 6 to that Act.

225G Section 225E powers as respects bus shelters and other street furniture

(1) The local planning authority may exercise the power conferred by
section 225E(6)(a) to remove or obliterate a sign from any surface on a
15bus shelter, or other street furniture, of a statutory undertaker that is
not situated on operational land of the statutory undertaker only if—

(a) the authority has served on the statutory undertaker notice of
the authority’s intention to do so;

(b) the notice specified the bus shelter, or other street furniture,
20concerned; and

(c) the period of 28 days beginning with the date of service of the
notice has ended.

(2) In this section “statutory undertaker” does not include an airport
operator (within the meaning of Part 5 of the Airports Act 1986).

225H 25 Right to appeal against notice under section 225E

(1) A person on whom notice has been served under section 225E(2) may
appeal to a magistrates’ court on any of the following grounds—

(a) that the sign concerned is neither detrimental to the amenity of
the area nor offensive;

(b) 30that there has been some informality, defect or error in, or in
connection with, the notice;

(c) that the time within which the sign concerned is to be removed
or obliterated is not reasonably sufficient for the purpose;