Whilst most planning infringements are dealt with by the Landowner upon notice from the Local Authority; occasionally we are required to step in and act. In practice, our agents would serve notice to the landowner and to any persons contributing to the infringement. The notice would allow a reasonable time for the breach to be remedied and for all goods or waste to be removed. Failure to remedy the breach will result in our agents and any contractors undertaking the removal of any offending structure or item.
In some extreme cases, the local authority has powers to obtain a Compulsory Purchase Order for the acquisition of the land where possession would be required to remedy the breach.
A development consent order is reserved for nationally significant infrastructure projects such as a new airport or highway. There is no consultation period and often the direction of the Secretary of State proceeds to a Compulsory Purchase Order.
The acquiring public authority will have exhausted amicable efforts with the landowner and served all relevant notices to treat or a vesting declaration. The public authority will apply for a Warrant and instruct us to take possession of the land once sealed. Whilst there is no further requirement to serve notice; our agents will physically attend the land or property and explain the enforcement action to any occupants. In some cases, we have found the property to be tenanted and the tenant having no knowledge of the CPO. We then work in conjunction with the local housing office to signpost housing support for those in need. The enforcement action and any change of locks can then proceed with any supporting protestors also subject to the enforcement action.
