Untidy site - enforcement
What powers does Southend-on-Sea City Council have?
We can issue a notice, under section 215 of the Town and Country Planning Act 1990, telling the owner or occupier of the land to improve its condition within 28 days.
Can I ignore a letter received about an untidy site?
We usually try to contact the occupier or owner before starting any enforcement action. We would prefer you took the action we ask for in any letters we send you, in the time set out in them, without the need to issue a formal notice.
When would a notice be served?
An officer will re-check the land after the time set out in any letter to you. If the land has not been tidied, a formal notice will be sent. Where there have been previous cases at a certain house, then a notice may be sent immediately and without warning.
What will the notice say?
The notice, under section 215 of the Town and Country Planning Act 1990, will set out what needs to be done to improve the land within 28 days.
The usual ways to improve the land is the removal and correct disposal of:
- sacks or piles of rubbish
- waste
- loose discarded construction/building materials
- hazardous waste
- bulky items
- domestic appliances
- household furniture
- garden waste
- smaller loose items accumulated or stored or left on the land
If there is overgrown garden vegetation it can also include:
- cutting back
- maintenance, or
- removal
Someone else put the items on the land, am I still responsible?
Even if you did not leave the items, by law, the owner of the land is still responsible for its condition.
If letters about this issue were sent to your property and you are a tenant only and you are not responsible for looking after the land, you must notify your landlord or the homeowner immediately, especially if letters about this issue were sent to your property. A notice will sometimes be issued to the occupier of the land.
What happens if a notice is ignored?
If the person who receives the section 215 notice fails to follow it within the time given, they are guilty of an offence and liable, on summary conviction, to a fine of up to £1,000.
If after the first conviction the owner or occupier of the land still doesn’t do everything in their power to follow the notice, they are guilty of another offence and liable, on summary conviction, to an added fine of £100 for each day they fail to follow the notice.
We have additional powers, which may be used instead or as well as prosecution. These let us:
- enter the land
- do any work needed to improve the condition of the land
- recover costs for the work from the owner of the land
Costs can also be allocated as a charge on your property, recoverable when it is sold.
Can a notice be appealed?
Yes, appeals against the notice can be made through a Magistrates Court. The grounds of appeal are set out in sections 217 and 218 of the Town and Country Planning Act 1990.
Can I appeal to Southend-on-Sea City Council?
No, you cannot.
Before issuing the notice there would have been two separate checks on the land and the owner or occupier of the land would have received a letter asking for the land to be tidied.
What happens if I am unable to comply with the notice?
Sometimes residents' personal situation may affect their ability to follow the notice. We can arrange to discuss the best options available to you to help you meet the notice.
Does this mean I cannot store items on the land?
When:
- waste
- rubbish
- individual bulky items
- furniture items
are clearly:
- discarded or unwanted
- left on land in a way that affects the area
they cannot be stored or left indefinitely.
Furniture and bulky items can be collected and disposed of through a chargeable service offered by our waste contractor or taken to a Household Waste Recycling Centre.
Can the items be moved onto the public footpath, verge, or other land?
No, simply moving items off the land without correct disposal may be another offence.
Items are photographed during visits to the land and if they end up somewhere else without permission this will be classed as fly-tipping, an offence under section 33 of the Environmental Protection Act, which can lead to:
- unlimited fines
- custodial sentence
- the seizure of vehicles (where used to commit the offence)
I have received a notice and complied with it, what happens next?
There will be another inspection of the land after the expiry date of the notice to make sure it has been fully tidied.
Please remember that the notice has a requirement to maintain the area and stop re-occurrences of:
- rubbish
- waste, or
- items
being stored or being allowed to build up on the land.