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7.1
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The use of Planning and Building Control Notices deals with issues relating to physical danger, health or safety risks. They also impact on issues which can damage the quality of life of stakeholders, the property stock in Medway and the quality of the environment.
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7.2
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The notices include: - notices under section 215 of the Town and Country Planning Act 1990, which can be used to deal with damage to the amenity of an area;
- Planning Contravention Notices – to ask for preliminary information in investigating breaches of planning controls;
- Planning Enforcement Notices – to deal with unauthorised developments;
- Breach of Condition Notices – where conditions attached to planning permissions are not complied with;
- Injunctive Powers and Stop Notices – to give powers to deal with the most serious breaches;
- Discontinuance Notices – to deal with unauthorised advertising.
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7.3
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Civil and criminal proceedings are also available to the council under Building Regulations. The Building Act 1984 gives the council powers to serve notices to deal with dangerous or dilapidated structures.
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7.4
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Good practice, issued by central government indicates that enforcement notices should be used where illegal developments or practices are causing significant harm. The length of existence and use of a development are also mitigating or aggravating factors.
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7.5
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The right of appeal, to the Office of the Deputy Prime Minister or in the case of a section 215 notice, to a magistrates’ court, will be made known to the recipient of a notice as soon as the notice is served.
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