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Amend the Town and Country Planning Act 1990 in respect of enforcement |
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notices and stop notices; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Enforcement of steps required to be taken , and prevention of activities |
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required to cease, by enforcement notices and stop notices |
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(1) | The Town and Country Planning Act 1990 (c. 8) is amended as follows. |
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(2) | For subsection 178(1) there is substituted— |
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“(1) | Where any steps required by an enforcement notice to be taken are not |
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taken or activities required by such a notice to cease have not ceased |
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within the period for compliance with the notice, the local planning |
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(ii) | remove any moveable objects which appear to them to |
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be used for the activities; and |
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(b) | recover from the person who is then the owner of the land any |
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expenses reasonably incurred by them in doing so.” |
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(3) | In subsection 178(2) after “taken” there is inserted “or in removing objects”. |
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(4) | In subsection 178(3) at end there is inserted “or any activities required by such |
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(5) | In subsection 184(6) for “section 187” there is substituted “sections 186A and |
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(6) | After section 186, there is inserted— |
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| “186A Enforcement of stop notices |
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(1) | Where any activities required by a stop notice to cease have not ceased |
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before the notice takes effect, the local planning authority may— |
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(a) | enter the land and remove any moveable objects which appear |
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to them to be used for the activities, and |
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(b) | recover from the person who is then the owner or occupier of |
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the land any expenses reasonably incurred by them in doing so. |
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(2) | Where a stop notice has been served or a site notice displayed in respect |
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of any breach of planning control— |
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(a) | any expenses incurred by the owner or occupier of any land for |
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the purpose of complying with the notice, and |
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(b) | any sums paid by the owner or occupier of any land under |
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subsection (1) in respect of expenses incurred by the local |
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planning authority in removing objects, |
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shall be deemed to be incurred or paid for the use and at the request of |
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the person by whom the breach of planning control was committed. |
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(3) | The Secretary of State may by regulations provide— |
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(a) | that section 276 (power of local authorities to sell certain |
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materials) and section 294 (limitation of liability of certain |
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owners) of the Public Health Act 1936 shall apply, subject to |
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such adaptations and modifications as may be specified in the |
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regulations, in relation to any activities required by a stop notice |
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(b) | for the modification of section 289 (power to require occupier to |
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permit works to be executed by owner) of that Act for the |
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purpose of giving the owner of land to which a stop notice |
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relates the right, as against all other persons interested in the |
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land, to comply with the requirements of the stop notice; and |
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(c) | for placing a charge on the land in respect of any expenses |
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recoverable by a local planning authority under subsection (1). |
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(4) | Any person who wilfully obstructs a person acting in the exercise of |
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powers under subsection (1) shall be guilty of an offence and liable on |
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summary conviction to a fine not exceeding level 3 on the standard |
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(1) | This Act may be cited as the Town and Country Planning (Enforcement |
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Notices and Stop Notices) Act 2004. |
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Town and Country Planning (Enforcement Notices and Stop Notices) Bill |
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To amend the Town and Country Planning Act 1990 in respect of enforcement |
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notices and stop notices; and for connected purposes. |
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| | | | | | | | | | | | | | | | | | | | | | | | | | | Ordered, by The House of Commons
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| | | | | to be Printed, 7th January 2004 |
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© Parliamentary copyright House of Commons 2004
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Applications for reproduction should be made in writing to the Copyright Unit,
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Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ
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PUBLISHED BY AUTHORITY OF THE House of Commons
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LONDON: THE STATIONERY OFFICE
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Printed in the United Kingdom by
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The Stationery Office Limited
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