When action might be taken?
‘Amenity’ is a broad concept and not formally defined in the legislation or procedural guidance, i.e. it is a matter of fact and degree. Untidy sites are rarely dangerous to public health but it is well understood that areas that are well cared for assist in making people feel safe and secure whereas areas that become neglected over time can feel unsafe and adversely impact upon enjoyment. That is not to say, however, that the Planning System has a legitimate role in policing certain ideals as to what a place should look like or requiring all residents to adhere to specified standards of routine maintenance of their own land.
We will only take action to improve the condition of land in the event that clear harm is considered to arise in any given case. This will always be a matter of judgement. Each case will be different and what would not be considered amenity harm in one part of the Borough might well be considered so in another. We must therefore consider the condition of the site, the impact on the surrounding area and the scope of our powers in tackling the problem before we decide that harm is arising sufficient to issue a notice.
The scope of works that can be required in such notices is wide and includes planting, clearance, tidying, enclosure, demolition, re-building, external repairs and repainting. In preparing notices it is critical that we ensure that the works specified by a notice do not themselves result in a breach of planning control e.g. unlawful works to a listed building, or material alterations to premises for which planning permission should be sought.
Many of the problems we receive complaints about 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 or
- Significantly overgrown gardens.