Section 215 protocol

Before deciding whether a Notice should be served an assessment will be undertaken as to whether this is an appropriate and proportionate course of action, having full regard to all of the circumstances of the case. This will include, but not necessarily be limited to the following considerations:

Assessment of the condition of buildings:

• Including the condition of brickwork, cladding, broken/missing windows and doors, damaged guttering and downpipes that might be causing water ingress and damage
• Evidence of whether the building is empty or occupied and the likelihood of that changing in the short term such as where properties are up for sale, going through probate.

Assessment of the condition of land:

• Including dilapidated boundary treatments, presence of graffiti, abandoned vehicles, dumped rubbish and significantly overgrown gardens

Key features/attributes of wider locality (context), for example:

• Proximity of listed buildings and whether harm is arising to the significance of their individual settings
• Formal designations such as Areas of Outstanding Natural Beauty and Conversation Areas where there is a duty for local authorities to preserve and enhance
• Character and appearance, having particular regard to any wider contribution the site makes

Relevant history of the site:

• Has previous informal negotiation been necessary and if so was it successful in remedying the breach in an effective manner?
• Does the land benefit from any extant planning permissions that are likely to be implemented in the short term thereby remedying the breach?

Whether there are any alternative, more appropriate powers available to the Council, such as:

• Sections 76 - 79 of the Building Act for defective premises, dangerous buildings, ruinous and dilapidated buildings and neglected sites;
• Section 29 of the Local Government (Miscellaneous Provisions) Act 1982 for works on unoccupied buildings;
• Section 79 - 82 of the Environmental Protection Act for abatement or prohibition of a nuisance;
• Listed building legislation such as Repairs and Urgent Works Notices
• Completion Notices; and
• Compulsory Purchase Orders.

Officers will proactively engage with other services across the Council to ensure that we are utilising the more appropriate skills and powers in any given case. In particular, this liaison will include with Building Control, Environmental Protection, Licensing and the Community Safety Unit as necessary and appropriate to do so. It is recognised, for example, that one consequence of sites in poor condition can be that vermin are attracted on to the site causing potential health issues. In such cases, it will be important to engage early with colleagues in Environmental Protection in order to take necessary action.

Whether any other contributory or mitigating circumstances exist:

• Any personal circumstances or equalities issues that arise, in particular through liaison with other services that would indicate a different course of intervention.

In this respect, particular regard will be had to the Public Sector Equality Duty is set out at Section 149 of the Equalities Act 2010. In making any decision as to whether or not to take action under Section 215 of the Act, the Council in undertaking its role as Local Planning Authority will have full regard to this duty.

Each case will be considered on its merits, having regard to the facts and circumstances of the case. As necessary, enforcement officers will liaise with other Council services to establish whether there are any more appropriate powers or any limitations

In the event that requests to take such action are expressly made by elected Borough Councillors, the same process and procedures will be followed and a detailed evaluation will take place accordingly.