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Introduction to section 215 Notices

The Purpose of section 215 of the Town and Country Planning ACT 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take steps to require land to be cleared up where its condition affects the amenity of the area. It does this by giving LPAs discretion to serve a 'section 215 notice'.

The relevant legislation is contained in TCPA 1990, ss 215–219.

Key features of section 215 notices

1. •

   It is a straightforward power which LPAs can use quickly

2. •

   Use of the power is discretionary; it is for each LPA to decide when and whether it is appropriate to use it in the circumstances

3. •

   An LPA can prescribe such steps in the notice as it considers appropriate to remedy the adverse effect on amenity

4. •

   Amenity is not defined in the legislation, but case law suggests that it should be treated as a broad concept—see: Scope of power to issue section 215 notice below

5. •

   It is an offence not to comply with the notice—see: Offences