Use of Section 215 Notice - Berg v Salford City Council [2013] Aug 2013
September 10, 2013
Dear All
For those of you involved in the use of Section 215 notices, the following case provides some assistance with a number of questions that are often raised in relation to the use of such notices, including:
Can a section 215 notice be used to effect improvements that go beyond literal maintenance, such as compelling the replacement of three pieces of painted hoarding with a single larger piece, or requiring painting, where there was no ongoing or current maintenance issue?
How should the amenity of an area or part of an area be interpreted?
Does the condition of the premises need to actually interfere with the amenity of others or is it sufficient for visual disamenity to be established?
When was the proper time to consider the appropriateness of a section 215 notice?
Is a requirement to do works in a manner appropriate to the property and the surrounding area sufficiently clear and unambiguous (particularly in an area with no regularity of building footage) for it to be incorporated into a court order, breach of which would be a criminal offence?
Outcome
The High Court has held that local planning authorities (LPAs) may require improvements that go beyond strict maintenance in notices served under section 215 of the Town and Country Planning Act 1990 ...
The High Court has held that local planning authorities (LPAs) may require improvements that go beyond strict maintenance in notices served under section 215 of the Town and Country Planning Act 1990. Section 215 itself does not mention "maintenance" but focuses on whether the amenity of part of the LPA's area is being adversely affected by the condition of the land. The terms of the statute do not require consideration of whether or not works amounted to "maintenance" or "improvement".
This decision will be welcomed by local authorities seeking to use section 215 notices as part of their strategy to improve and regenerate depressed areas. (Berg v Salford City Council [2013] EWHC 2599.)
Regards
Andrew Lavender
