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Notice – Land Maintenance |
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Land Maintenance Notices are rare. Such notices allow an LA to take
action against derelict or unsightly land whose condition has ‘adversely
affected’ the amenity of the surrounding area. In practice, their primary
use is against neglected wasteland, although they can be used against
any land (and not just vacant or open sites).
Land Maintenance Notices are unlike most other acts of planning control,
in that they are directed at acts of omission (rather than acts of commission
by defaulting landowners). Service of a notice requires a landowner to take
steps to remedy the condition of the land within the time limit specified
(s215 TCPA 1990). Existence of the notice should be revealed by a local
search; specifically, optional enquiry 16 will show whether the LA has
authorised the service of a notice (ie one that has been authorised but has
not yet been served). Source: Enquiries of Local Authorities and Water
Companies: A Practical Guide (Keith Pugsley; £29.95; Callow Publishing). © Practical Lawyer
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November 2007 |
