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					POWER

DESCRIPTION

SERVED ON Owner and/or occupier

Section 215 Town and Country Planning Act 1990 Local planning authority but power may be extended to other officers Section 34 Public Health Act 1961

Power to require abatement of detriment to amenity of the area caused by land/premises. Includes clearing, painting, fencing and demolition.

MINIMUM COMPLIANCE PERIOD 28 Days Note appeal that the state of the land is attributable to and results ordinarily from lawful planning use.

PROSECUTION

DEFAULT WORKS Yes

APPEAL

Yes Level 3 fine £100 daily penalty for further offences

28 Days Note appeal that the state of the land is attributable to and results ordinarily from lawful planning use.

Section 80 EPA 1990

Section 59 EPA 1990

Section 4 Prevention of Damage by Pests Act 1949 Section 6 Refuse Disposal Amenity Act 1978 Section 92A EPA 1990 Litter Clearing Notices Section 93 EPA 1990 Litter Control Notices

Power to require Owner 28 Days removal of rubbish and/or in open air and occupier detrimental to amenity of neighbourhood. Rubbish includes: rubble, waste paper, crockery, and metal and any organic matter. Does not include accumulation for business waste Power to require No minimum period abatement of Person nuisance prejudicial responsible to health and for the specify works to nuisance. prevent recurrence. Power to require Occupier 21 Days removal of or if none flytipped waste then No minimum period owner. when urgent. Do not use if no evidence of complicity Power to require Owner No minimum period removal of matter and/or likely to attract/give occupier harbourage to rodents Power to remove Notice to 15 Days things intentionally owner if abandoned on land land Notice to owner in open air occupied Power to require removal of litter causing detriment Occupier or owner if unoccupied 28 Days

No

Yes No power to recover costs

28 Days

Yes Level 5 fine Or £20,000 for trade premises Yes Level 5 fine

Yes

21 Days

Yes But no costs unless recipient was complicit in breach Yes

21 Days

Yes Level 3 fine

21 Days

Not from notice. May prosecute person who abandoned £200 FPN FPN £100 (£110 - £75) Level 4 fine

May recover costs from person who abandoned Yes

N/A

21 Days

Power to require specified business to clear up waste in vicinity of premises

Specified retail premises fronting to street

No limit

FPN £100 (£110 - £75) Level 4 fine

No

21 Days

POWER

DESCRIPTION

SERVED ON Owner and/or occupier

Section 31 Public Health Acts Amendmen t Act 1907

Section 46 EPA 1990

Section 47 EPA 1990

Section 78 Public Health Act 1936

Section 3 Refuse Disposal Amenity Act 1978

Section 79 Public Health Act 1936

Power to require fencing of land adjoining street causing nuisance or used for immoral purposes Power to specify how household waste is stored and placed for collection Power to specify how commercial waste is stored and placed for collection Power to clear land serving 2 or more properties, courtyard or passage way. Highway maintained at public expense not included. Power to remove abandoned vehicles. Act presumes abandoned if looks abandoned. Power depends on looking abandoned not actual abandonment Power to remove any accumulation on any premises deemed noxious (harmful, unwholesome) Power to require land with public access either by right or otherwise to be cleared

MINIMUM COMPLIANCE PERIOD 14 Days

PROSECUTION

DEFAULT WORKS Yes

APPEAL

NO

Crown Court 14 days

Served on occupier

As specified

FPN £100 (£110 - £75) Level 3 fine

N/A

Served on occupier

As specified

FPN £100 (£110 - £75) Level 3 fine

N/A

Occupiers of buildings that front or abut the yard or court and notify occupiers of intentions 15 day notice to land owner if occupier.

No limit

No

Yes in such proportion as Local Authority or in case of dispute the County Court sees fit May recover costs from person who abandoned.

21 days only where required to provide receptacles 21 days only where required to provide receptacles Defend recharge in County Court

15 Day notice to owner of land. May remove immediately if untaxed.

Not from notice. May prosecute person who abandoned. £200 FPN

N/A

Owner / occupier

24 hours

NO

Yes Reasonable costs can be recovered

NO

Section 22(3) Control of Pollution Act 1974

Section 79(2) Building Act 1984

Power to require removal of waste from demolition of building which causes detriment to neighbourhood

Occupier or person responsible for land. Only to be issued with consent of recipient Owner or occupier

By prior arrangement with recipient

NO

Yes only with prior agreement with recipient regarding costs Yes

NO

21 Days

Level 4 £2500 and a £2 daily fine

21 Days