Section 215 notices may be served by the local planning authority where it is considered that the condition of a piece of land adversely affects the amenity of the area in question. The notice will require steps to be taken which the local planning authority considers will remedy the problem.
The service of a section 215 notice can be appealed to the Magistrates’ Court on four grounds, including that the condition of the land does not affect amenity; the right of appeal only lasts until the notice takes effect and this date will be stated in the notice itself but can be as little as 28 days. Where an appeal is lodged the notice has no effect until after the final determination of that appeal.
Failure to comply with a section 215 notice can lead to prosecution with a maximum fine of £1,000 in the Magistrates’ Court. In addition, the offence is of a continuing nature meaning that further prosecutions can follow with fines being imposed on a daily basis. A local planning authority also has powers in the event of non-compliance to carry out the works required under the notice and re-charge the costs of so doing from the owner of the land at that time.
If you have been served with a section 215 notice it is essential to take urgent action. We can advise on the validity of the notice and whether and on what grounds an appeal should be lodged. We can also assist if you are prosecuted for non-compliance with a notice.
Please call us on 01252 617119 to find out how we can assist you.