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Town and Country Planning (Enforcement Notices and Stop Notices) Bill


 

Town and Country Planning (Enforcement Notices and Stop Notices) Bill

 

 
 

Contents

1   

Enforcement of steps required to be taken , and prevention of activities

required to cease, by enforcement notices and stop notices

2   

Short title

 
Bill 2553/3
 
 

Town and Country Planning (Enforcement Notices and Stop Notices) Bill

1

 

A

Bill

To

Amend the Town and Country Planning Act 1990 in respect of enforcement

notices and stop notices; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Enforcement of steps required to be taken , and prevention of activities

required to cease, by enforcement notices and stop notices

(1)   

The Town and Country Planning Act 1990 (c. 8) is amended as follows.

(2)   

For subsection 178(1) there is substituted—

“(1)   

Where any steps required by an enforcement notice to be taken are not

5

taken or activities required by such a notice to cease have not ceased

within the period for compliance with the notice, the local planning

authority may—

(a)   

enter the land and—

(i)   

take the steps, or

10

(ii)   

remove any moveable objects which appear to them to

be used for the activities; and

(b)   

recover from the person who is then the owner of the land any

expenses reasonably incurred by them in doing so.”

(3)   

In subsection 178(2) after “taken” there is inserted “or in removing objects”.

15

(4)   

In subsection 178(3) at end there is inserted “or any activities required by such

a notice to cease”.

(5)   

In subsection 184(6) for “section 187” there is substituted “sections 186A and

187”.

(6)   

After section 186, there is inserted—

20

“186A  Enforcement of stop notices

(1)   

Where any activities required by a stop notice to cease have not ceased

before the notice takes effect, the local planning authority may—

 
Bill 2553/3
 
 

Town and Country Planning (Enforcement Notices and Stop Notices) Bill

2

 

(a)   

enter the land and remove any moveable objects which appear

to them to be used for the activities, and

(b)   

recover from the person who is then the owner or occupier of

the land any expenses reasonably incurred by them in doing so.

(2)   

Where a stop notice has been served or a site notice displayed in respect

5

of any breach of planning control—

(a)   

any expenses incurred by the owner or occupier of any land for

the purpose of complying with the notice, and

(b)   

any sums paid by the owner or occupier of any land under

subsection (1) in respect of expenses incurred by the local

10

planning authority in removing objects,

shall be deemed to be incurred or paid for the use and at the request of

the person by whom the breach of planning control was committed.

(3)   

The Secretary of State may by regulations provide—

(a)   

that section 276 (power of local authorities to sell certain

15

materials) and section 294 (limitation of liability of certain

owners) of the Public Health Act 1936 shall apply, subject to

such adaptations and modifications as may be specified in the

regulations, in relation to any activities required by a stop notice

to cease;

20

(b)   

for the modification of section 289 (power to require occupier to

permit works to be executed by owner) of that Act for the

purpose of giving the owner of land to which a stop notice

relates the right, as against all other persons interested in the

land, to comply with the requirements of the stop notice; and

25

(c)   

for placing a charge on the land in respect of any expenses

recoverable by a local planning authority under subsection (1).

(4)   

Any person who wilfully obstructs a person acting in the exercise of

powers under subsection (1) shall be guilty of an offence and liable on

summary conviction to a fine not exceeding level 3 on the standard

30

scale.”

2       

Short title

(1)   

This Act may be cited as the Town and Country Planning (Enforcement

Notices and Stop Notices) Act 2004.

 

 

 

Town and Country Planning (Enforcement Notices and Stop Notices) Bill

 
 

A

Bill

To amend the Town and Country Planning Act 1990 in respect of enforcement

notices and stop notices; and for connected purposes.

 

Presented by Mr Eric Pickles

 
 

supported by

 
 

Mr Philip Hammond, Mr Geoffrey Clifton-Brown,

 
 

Mr John Hayes, Mr Robert Syms,

 
 

Mr John Randall and Mr Mark Field.

 
 

Ordered, by The House of Commons

 
 

to be Printed, 7th January 2004

 
 

© Parliamentary copyright House of Commons 2004

 

Applications for reproduction should be made in writing to the Copyright Unit,

 

Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ

 


 

PUBLISHED BY AUTHORITY OF THE House of Commons

 

LONDON: THE STATIONERY OFFICE

 

Printed in the United Kingdom by

 

The Stationery Office Limited

 

£x.xx net

 
Bill 25(xxxxxx)53/3
 

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