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In force2022 Revised Edition
Contents

Part · Enforcement

39. Execution and costs of works required by enforcement notice etc.

(1)

Where —

(a)

any requirement of an enforcement notice or an order under section 23(6) is not complied with within the period allowed by the notice or order as the case may be;

(b)

any land is used in contravention of an enforcement notice after the requirements in the notice have been complied with; or

(c)

any works have been carried out by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the requirements of an enforcement notice, the Planning Authority may (with such assistants and workmen as are necessary), at any time, enter the land and take any steps which are in his opinion necessary to secure compliance with the notice or order, as the case may be, including removing, detaining and disposing of any property or materials on the land.

(2)

The costs or expenses incurred, directly or indirectly, by the

Planning Authority in exercise of the powers conferred by subsection (1)

shall be recoverable as a civil debt from any person served with the enforcement notice or order under section 23(6), as the case may be, less such sums which are recoverable under section 40.

(3)

The certificate of the Planning Authority stating the amounts of costs and expenses recoverable under subsection (2) shall be conclusive evidence of such amounts.

Town and Country Planning 38

(4)

The sums stated in the certificate of the Planning Authority under subsection (3) shall be secured as a first charge against the land and shall, subject and without prejudice to any other rights of the Government, prevail over all other estates and interests whenever created notwithstanding the provisions of any other written law relating to the registration of any interest or encumbrance over land.

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