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Localism Bill


Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement

79

 

(b)   

which, in the local planning authority’s opinion, is used for the

display 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.

5

(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

structure.

10

(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

planning authority or could be ascertained by the local planning

15

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)   

fixed a removal notice to the display structure or exhibited a

20

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

the occupier is or could identify the occupier after reasonable enquiry.

25

(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

in the removal notice,

30

   

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)   

Expenses are not recoverable under subsection (7) from a person if the

35

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

caused to land or chattels, compensation may be recovered by any

40

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)   

for damage reasonably caused in removing the display

45

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.

 
 

Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement

80

 

(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

contravention of regulations under section 220;

5

(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

end of 22 days beginning with the date of the notice.

10

(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)

principally used, or designed or adapted principally for use, for

15

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)   

Something is a “display structure” for the purpose of this section only

20

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

been granted.

25

(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

with the display of unauthorised advertisements on a surface of—

30

(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)   

If after reasonable enquiry the local planning authority—

35

(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

surface, is a notice requiring the owner or occupier of the land in or on

40

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.

 
 

Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement

81

 

(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

notice may be postponed by the local planning authority.

5

(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

and ancient monuments; and

10

(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

subsection (3); and

15

(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)   

recover expenses reasonably incurred by the local planning

20

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)   

Where in the exercise of power under subsection (10)(a) any damage is

25

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)   

The provisions of section 118 apply in relation to compensation under

30

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)   

is within the curtilage of a dwellinghouse; or

35

(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

from owner’s successor or from occupier and to be charged on

40

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

more flats, or a flat contained within such a building;

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Localism Bill
Part 5 — Planning
Chapter 5 — Enforcement

82

 

“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;

“unauthorised advertisement” means an advertisement in respect

5

of which an offence—

(a)   

under section 224(3), or

(b)   

under section 132 of the Highways Act 1980

(unauthorised marks on highway),

is committed after the coming into force of this section.

10

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

advertisements on the surface concerned or any such problem

15

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

are to be carried out is not reasonably sufficient for the purpose;

20

(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)   

that there is no problem with the display of unauthorised

25

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)   

that the time within which the measures specified in the notice

30

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)   

If an appeal under subsection (1) is based on the ground mentioned in

35

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)   

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

40

(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

which the person could have raised in an appeal under subsection (1).

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