Localism Bill (HL Bill 100)

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

is conclusive evidence of that fact.

(3) 5A certificate stating that matter and purporting to be so signed is to be
deemed to be so signed unless the contrary is proved.

(4) Where the local planning authority apply to a magistrates’ court for a
planning enforcement order in relation to an apparent breach of
planning control in respect of any land, the authority must serve a copy
10of the application—

(a) on the owner and on the occupier of the land, and

(b) on any other person having an interest in the land that is an
interest which, in the opinion of the authority, would be
materially affected by the taking of enforcement action in
15respect of the apparent breach.

(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) 20any 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
25breach.

(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
30relation to an apparent breach of planning control only if—

(a) the court is satisfied, on the balance of probabilities, that the
apparent breach, or any of the matters constituting the apparent
breach, has (to any extent) been deliberately concealed by any
person or persons, and

(b) 35the court considers it just to make the order having regard to all
the circumstances.

(2) A planning enforcement order must—

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

(b) 40state the date on which the court’s decision to make the order
was given.

(3) 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
45enforcement and stop notices)—

(a) in 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) 5before “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) 10in 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) 15In 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
action”.

(3) In section 191 of the Town and Country Planning Act 1990 (certificate of
20lawfulness 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
is to be taken not to have expired if—

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

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decided nor been withdrawn, or

(c) 30a 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
expired.”

125 Assurance as regards prosecution for person served with enforcement notice

35In the Town and Country Planning Act 1990 after section 172 (issue and service
of enforcement notice) insert—

“172A Assurance as regards prosecution for person served with notice

(1) When, or at any time after, an enforcement notice is served on a person,
the local planning authority may give the person a letter—

(a) 40explaining that, once the enforcement notice had been issued,
the authority was required to serve the notice on the person,

(b) giving the person one of the following assurances—

(i) that, in the circumstances as they appear to the
authority, the person is not at risk of being prosecuted
45under section 179 in connection with the enforcement
notice, or

(ii) that, in the circumstances as they appear to the
authority, the person is not at risk of being prosecuted
under section 179 in connection with the matters
relating to the enforcement notice that are specified in
5the letter,

(c) explaining, where the person is given the assurance under
paragraph (b)(ii), the respects in which the person is at risk of
being prosecuted under section 179 in connection with the
enforcement notice, and

(d) 10stating that, if the authority subsequently wishes to withdraw
the assurance in full or part, the authority will first give the
person a letter specifying a future time for the withdrawal that
will allow the person a reasonable opportunity to take any steps
necessary to avoid any risk of prosecution that is to cease to be
15covered by the assurance.

(2) At any time after a person has under subsection (1) been given a letter
containing an assurance, the local planning authority may give the
person a letter withdrawing the assurance (so far as not previously
withdrawn) in full or part from a time specified in the letter.

(3) 20The time specified in a letter given under subsection (2) to a person
must be such as will give the person a reasonable opportunity to take
any steps necessary to avoid any risk of prosecution that is to cease to
be covered by the assurance.

(4) Withdrawal under subsection (2) of an assurance given under
25subsection (1) does not withdraw the assurance so far as relating to
prosecution on account of there being a time before the withdrawal
when steps had not been taken or an activity had not ceased.

(5) An assurance given under subsection (1) (so far as not withdrawn
under subsection (2)) is binding on any person with power to prosecute
30an offence under section 179.”

126 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
353 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) 40In 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
45came 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) 5signed 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) 10A 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) In section 224 (enforcement of control as to advertisements) after subsection (6)
15insert—

“(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
came to the prosecutor’s knowledge.

(8) 20Subsection (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) signed by or on behalf of the prosecutor, and

(b) 25stating 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) A certificate stating that matter and purporting to be so signed is to be
30deemed 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
committed after the amendment has come into force.

127 35Powers 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) Subject to subsections (2), (3) and (5) and the right of appeal under
40section 225B, 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
display of advertisements in contravention of regulations under
section 220.

(2) Subsection (1) does not authorise the removal of a display structure in
5a building to which there is no public right of access.

(3) The local planning authority may not under subsection (1) remove a
display 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
10structure.

(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
15planning 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) 20fixed 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
25the 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 by the time specified in the
30removal 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) 35Expenses 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
40caused 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) 45for 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,
means notice—

(a) stating that in the local planning authority’s opinion the display
structure is used for the display of advertisements in
5contravention of regulations under section 220;

(b) stating that the local planning authority intend after a time
specified 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
10end 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)
15principally 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) 20Something 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
25been granted.

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

225B Appeal against notice under section 225A

(1) A person on whom a removal notice has been served in accordance
with section 225A(3) or (5)(b) may appeal to a magistrates’ court on any
30of the following grounds—

(a) that the display structure concerned is not used for the display
of advertisements in contravention of regulations under section
220;

(b) that there has been some informality, defect or error in, or in
35connection with, the notice;

(c) that the period between the date of the notice and the time
specified in the notice is not reasonably sufficient for the
removal of the display structure;

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

(2) 40For the purposes of subsection (3), a person is a “permitted appellant”
in relation to a removal notice if—

(a) the removal notice has been fixed or exhibited in accordance
with section 225A(5)(a);

(b) the person is an owner or occupier of the land on which the
45display structure concerned is situated; and

(c) no copy of the removal notice has been served on the person in
accordance with section 225A(5)(b).

(3) A person who is a permitted appellant in relation to a removal notice
may appeal to a magistrates’ court on any of the following grounds—

(a) that the display structure concerned is not used for the display
of advertisements in contravention of regulations under section
5220;

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

(c) that the period between the date of the notice and the time
specified in the notice is not reasonably sufficient for the
10removal of the display structure.

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

(5) If an appeal under subsection (1) is based on the ground mentioned in
15subsection (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 removal notice should have been served in accordance with
section 225A(3) or (5)(b).

(6) If—

(a) 20a removal notice is served on a person in accordance with
section 225A(3) or (5)(b), and

(b) the local planning authority bring proceedings against the
person for the recovery under section 225A(7) of any expenses,

it is not open to the person to raise in the proceedings any question
25which the person could have raised in an appeal under subsection (1).

(7) In this section “removal notice” and “display structure” have the same
meaning as in section 225A.

225C Remedying persistent problems with unauthorised advertisements

(1) Subsections (2) and (3) apply if the local planning authority for an area
30in England have reason to believe that there is a persistent problem
with 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
35or occupier of the land in or on which the surface is situated.

(3) If 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) 40For the purposes of this section “an action notice”, in relation to a
surface, 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
45earlier than the end of 28 days beginning with the date of the notice.

(6) Measures 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
5notice may be postponed by the local planning authority.

(8) This 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
10and 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
15subsection (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) 20recover 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 225D.

(12) 25Where 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) 30The 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) 35is 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
40from 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
  45more flats, or a flat contained within such a building;

Localism BillPage 128

• “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;

• 5 “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),

  10is committed after the coming into force of this section.

225D Right to appeal against notice under section 225C

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

(a) that there is no problem with the display of unauthorised
15advertisements 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
20are 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 225C(3) may appeal to a
magistrates’ court on any of the following grounds—

(a) 25that 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) 30that 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) 35If 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 225C(2) should have been served.

(5) If—

(a) 40notice under section 225C(2) is served on a person, and

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

it is not open to the person to raise in the proceedings any question
45which the person could have raised in an appeal under subsection (1).

225E Applying section 225C to statutory undertakers’ operational land

(1) Subsection (2) and (3) apply where the local planning authority serves
a notice under section 225C(2) requiring a statutory undertaker to carry
out measures in respect of the display of unauthorised advertisements
5on 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
10reducing 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 225C(2) is to be treated—

(a) 15as requiring the alternative measures specified in the counter-
notice to be carried out (instead of the measures actually
required by the notice under section 225C(2)); and

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

(4) 20The time by which a statutory undertaker must carry out the measures
specified in a counter-notice served under subsection (2) may be
postponed 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 25Remedying defacement of premises

225F Power to remedy defacement of premises

(1) Subsections (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) 30either—

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

(ii) the surface forms part of the operational land of a
statutory undertaker and subsection (11) applies to the
35surface;

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

(d) the 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
40a notice requiring the occupier to remove or obliterate the sign by a time
specified in the notice.

(3) If 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