Process for recovery of costs
5.1 In accordance with the provisions of Section 178 of The Town and Country Planning Act 1990 (as amended), the Council will undertake all reasonable endeavours to recover expenses incurred in undertaking direct action. The expenses recoverable will include such sums as the Council considers being reasonable in respect of its establishment charges (Local Government Act 1974, Section 36). An establishment charge is the reasonable charge that a Local Authority incurs for administering the direct action procedure.
5.2 The Council will raise an invoice in accordance with its existing practice and procedure and there will be an expectation that the costs will be paid in full on or before the date specified on the invoice.
5.3 In the event that this does not happen, the Council will take all reasonable steps to recover the expenses as a debt.
5.4 A charge may be applied to the land; this charge is binding on successive owners of the land to which the original Enforcement Notices relates. This charge will take effect on the date that the Council undertakes direct action to comply with the Enforcement Notice.
5.5 As a matter of priority, the Council’s Land Charges Service will be notified of the recoverable sums that will be entered as a record against the property in the register of local land charges. If the debt remains unpaid, the Council will take steps to register the charge at the Land Registry.