C2C3Part VI Enforcement

Annotations:
Modifications etc. (not altering text)

Enforcement of orders for discontinuance of use, etc.

C1149 Enforcement of orders under section 71 and Schedule 8.

1

This section applies where—

a

any step required by an order under section 71 or paragraph 1 of Schedule 8 to be taken for the alteration or removal of any buildings or works or any plant or machinery,

b

any step required by an order under paragraph 3 of that Schedule to be taken—

i

for the alteration or removal of plant or machinery, or

ii

for the removal or alleviation of any injury to amenity, or

c

any step for the protection of the environment required to be taken by a suspension order or a supplementary suspension order under paragraph 5 or 6 of that Schedule,

has not been taken within the period specified in the order or within such extended period as the planning authority may allow.

2

Where this section applies the planning authority may enter the land and take the required step and may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

3

A planning authority taking any step under subsection (1) may sell any materials removed by them from any land unless those materials are claimed by the owner within 3 days of their removal by the planning authority.

4

Where such materials have been sold the planning authority shall pay the owner the net proceeds of the sale after deducting any expenses recoverable by them from him.