Guest 700- Registered: 11 Jun 2010
- Posts: 2,868
#1
The following (quoted below) gives details about the Dereliction Act (1990s) which was to provide a 'solution' to a long time problem. In East Kent, a few years ago, DDC were asked to take some action on a property which had been an eyesore for about 30 years. They said they were hoping to make some enforcement. A few months later when asked what the position was they said they had decided not to do so. I believe this is entirely because of the cost. So what use are these so-called 'solutions'. Today's announcement that more measures are being brought in to deal with neglected and untidy properties may AGAIN offer a solution but will that solution be followed through, because of the cost to Councils ?? Or does it just sound good ?
"Information on untidy land, what remedies the Local Planning Authority has, and a copy of the best practice guidance.
From a community point of view, tidy gardens and land mean an area looks well cared for making people feel safe in that neighbourhood. If untidy sites are left, they become worse and the area starts to feel neglected and unsafe. Untidy sites are rarely dangerous to public health but they will be an eyesore, which means it is detrimental to the local amenity.
The council can serve an 'amenity' notice on the owner of any land or building which is in an unreasonably untidy condition and we consider has an adverse affect on the amenity of the area. This is done under section 215 of the Town and Country Planning Act 1990 (as amended).
This notice is used to maintain and improve the quality of the environment, to assist in tackling dereliction and retaining land in a productive use as well as contribute to the regeneration of an area and respond positively to public concerns.
Many of the problems of untidy land and buildings are relatively easy to put right for example:
blocked gutters and down pipes - water ingress will eventually destroy a building through frost and rot.
fallen fences
dilapidated walls / broken windows / graffiti
land with fly tipping, industrial or demolition waste
builders rubble
dumped sofas/furniture
abandoned vehicles
dumped tyres
overgrown gardens
A notice can be served on the owner or occupier of any private land or building which is in an unreasonably untidy condition and which the Council consider has an adverse affect on the amenity of the area.
The Notice will specify what needs to be done to correct the situation within a given timescale. It is an offence not to comply with the notice within the specified period. If the requirements of the notice and not carried out in the required timescale the landowner could be fined and have a criminal record
There is a right of appeal against a notice issued under this section to the Magistrates Court. Failure to comply with the requirements of the notice constitutes a criminal offence subject on conviction to a fine not exceeding £1000.
The Council is also empowered to enter land to carry out the works specified in the notice and reclaim costs from the land owner - usually by means of a land charge on the land or property.
Central Government has produced a Best Practice guide on section 215 notices which can be downloaded below."
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Lincolnshire Born and Bred
howard mcsweeney1- Location: Dover
- Registered: 12 Mar 2008
- Posts: 62,352
#2
that has been applied in hastings and there has been talk of the town council pressurising the district council to take action here before the olympic torch arrives.
getting a bit close now.
Sue Nicholas- Location: river
- Registered: 12 Mar 2008
- Posts: 6,025
#3
Should read Notices
Jan Higgins
- Location: Dover
- Registered: 5 Jul 2010
- Posts: 13,931
#4
Sue, will the Notice be enforced.
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I try to be neutral and polite but it is hard and getting even more difficult at times.
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Guest 653- Registered: 13 Mar 2008
- Posts: 10,540
#5
We're (me included) going to Hastings tomorrow to see what we can learn from them.
I'm looking forward to it.
On the subject of untidy/waste-streen gardens (front and rear), there was an article in the online Mail about it, so I wrote to the Director at DDC about it - he has advised that yes it will help.
I have also asked about bye-laws as we don't have any current ones that are appropriate; maybe we should create some new ones ? I think it was the same one as above, posted by Kath.
Roger
#6
#3 does not tell me anything at all!!!!!!!!!!
#7
I find it tells me lots , but nothing I didn't already know . By the way thanks for your informative initial post Kath
Guest 700- Registered: 11 Jun 2010
- Posts: 2,868
#8
The situation does make us despair about long-time dereliction we can see regularly, and regulations which are, in large, not acted upon.
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Lincolnshire Born and Bred
Brian Dixon
- Location: Dover
- Registered: 23 Sep 2008
- Posts: 23,940
#9
sarah/sue,please reveel all.
howard mcsweeney1- Location: Dover
- Registered: 12 Mar 2008
- Posts: 62,352
#10
just received this from town councillor pat sherratt who has been working hard on this very issue, not just from being elected but in years previously.
clearly a lot of work going on in the background.
hi Howard
Notice my pet subject re 215's on the go again.
Thought I would bring you up to date.
As you know I visited Hastings with DTC Town Clerk last November to ascertain how Hastings operate their successful enforcement using Section 215 of the Town and Country Planning Act 1990
Having established that DDC do not have the resources for some of the "leg work" the Dover Society produced a list of properties that possible 215 notices could be served. This covered from minor repairs/painting to the big eyesores. This is the method in Hastings in order to clean entire areas rather than seek out isolated offenders. By doing this as one area improves so the action moves to another. Hastings have been exercising 215's since 2000 and to succeed continual action is required not just a "one off".
DTC have obtained from Land Registry the details of registered land owners as shown on the Dover Society list, costs being borne by DTC as contained in 2012/2013 precept,
DDC now have a person "on loan" from Canterbury who has enforcement experience. He has checked the Dover Society list together with the required photographic records and agreed (with the exception of I think one or two) to sending the initial "warning letters" as contained in the Town and Country Planning Act guidelines. This letter is a template as used by Hastings and taken as the practice for warning.
DDC are bogged down with Olympic work and therefore to move things forward DTC have prepared the letters for DDC (as reported at DTC Planning Meeting on 14th May). It is a joint activity with DTC and DDC together with the input from the Dover Society.
I am given to understand already some reaction from the owners who have received the warning letters. The next stage is the actual 215 notices and these are or are about to be served to 16 or so properties.
Having been pressing DDC to use Section 215 since 2006/2007 I am pleased to see things moving forward. A lot of work to get this far has been done by both DTC and DDC and I must record my thanks to Nigel Collor who has been of tremendous value in seeking support from both Officers and Councillors.
Pat
Guest 700- Registered: 11 Jun 2010
- Posts: 2,868
#11
Many thanks Howard, that is helpful. And good to know.
Let's watch this space !
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Lincolnshire Born and Bred
#12
That sounds really good , thanks for the info Pat and once again thanks to Kath for raising the issue . Hope your trip to Hastings goes ok Roger
Guest 653- Registered: 13 Mar 2008
- Posts: 10,540
#13
Thanks Sarah.
I don't think this could have been done without DTCs input, so well done them.
I had done an awful lot of ground-work on this years ago, but couldn't get anywhere because of the lack of financial resources, pleased to see that those restrictions have now been resolved.
The next big step will be zero-tolerance - on everything; I just hope there won't be any hiding behind weak excuses. The issuing of fines will more than make up any costs of salaries.
Dog-poo
Litter
Drinking in an alcohol-free zone
Will untidy, litter-strewn front-gardens be next ? Hope so.
Roger
Guest 700- Registered: 11 Jun 2010
- Posts: 2,868
#14
As Roger says, 'zero tolerance' - no excuses - and stick to your guns !!
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Lincolnshire Born and Bred
Sue Nicholas- Location: river
- Registered: 12 Mar 2008
- Posts: 6,025
#15
Re Post 3 My original post got lost .I replied that work was on going and this has been explained by Howard and Roger .
Roger is correct when I held the Portfolio there was not enough money for an officer to carry out the work .
Guest 653- Registered: 13 Mar 2008
- Posts: 10,540
#16
I agree that Pat has worked hard, but so have other people. I'm not going to blow my own trumpet, but when this was first put to DDC, the then enforcement officer had just passed away suddenly and money was very tight - more so now.
Just to put a part of Pat's letter via Howard right, the new enforcement officer is not on loan from Canterbury, he is (now) a permanent member of (DDC) staff.
I spoke with him at length yesterday and there is a new positive note in the air. Hastings was a very useful and interesting day - lovely seafront, lots of 215's issued and being actioned and all successful.
With money from somewhere, a good number of empty and run-down buildings have been bought and brought back into use; we actually went inside one of them and saw the high quality of renovation.
Most if not all of the buildings they buy and renovate, will be kept for a while and rented out. A question I forgot to ask was about who will rent these new town-centre conversions - homeless people on benefit, or council-tenant type of people.
If money can be found here, I would recommend this (empty-house-buying and CPOs) to DDC, so we can create more good quality housing for people.
I do believe that we can make some serious improvements to our Town Centre and other buildings, even some residential housing outside of the town-centre.
Roger
Sue Nicholas- Location: river
- Registered: 12 Mar 2008
- Posts: 6,025
#17
This has been done previously .Money has always been an important factor .The Metropole took a long time to be brought back into use .Now run by a Housing Association .It was in a terrible state for years .
We just needed the money and officer time .I did the Official Opening .
Keith Sansum1
- Location: london
- Registered: 25 Aug 2010
- Posts: 23,948
#18
post 16;
of course a large number of people over the years have been ongoing in trying to resolve this problem.
but hey ho no matter who it is that moves it on we may see some movement
ALL POSTS ARE MY OWN PERSONAL VIEWS
Judith Roberts- Registered: 15 May 2012
- Posts: 637
#19
It is good to hear that progress may be made in this area. I am interested to hear about the Metropole. I thought it was privately owned.
howard mcsweeney1- Location: Dover
- Registered: 12 Mar 2008
- Posts: 62,352
#20
we complain about eyesores in dover but this one in folkestone takes the biscuit. they actually have a sign outside reminding people they are open for business and looking for more members.
