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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice.
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Whom can be contacted to seek legal advice on dumping on private

Resolved Question:

Whom can be contacted to seek legal advice on dumping on private land leading to environmental concern of neighbours. What recourse exists against the land owner ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I am a resident of Bryants Bottom in Buckinghamshire and the villagers are fighting an application for retrospective planning for stables erected in the field opposite a row of houses. The land is owned by a former local person who now lives in France and the field is let to/occupied by the owner of 2 horses. He has dumped rubbish in the field including broken pallets, horse manure and is also being used to deposit items used in his double glazing/conservatory business. The site is a complete mess.

We have submitted various appeals to the local council Planning Dept and associated environment department. We are informed that the rubbish is not "fly-tipping" since it has been deposited on private land.

and there is no responsibility of the council to take action. Many photos have been submitted to the local council and it appears that no useful action will be achieved through official channels.

Expert:  Remus2004 replied 2 years ago.

Local authority can use its general planning powers under section 215 on the owner of land or the occupier of the land or buildings if the condition of it adversely affects the amenity of the area, which gives the person responsible to clean up the site or the building or in default, the local authority will do the work itself and claim the costs back from the owner.

If this generally looks a mess therefore asked the local authority service section 215 notice on the owner. If they refuse to do so, you can either apply to court for judicial review of the decision not to do so (it can be expensive and risky) or (risk-free) make a complaint to the Local Government ombudsman.

Can I clarify anything for you?

Customer: replied 2 years ago.

I must look up a section 215 notice. I have reported fly-tipping to the Bucks CC but they say they can take no action since it is private land and the problem must be referred to Wycombe DC who don't want to know.

Will follow up section 215 and the Ombudsman.

Expert:  Remus2004 replied 2 years ago.

It is s215 of the Town and Country Planning Act 1990 (as amended).

Here are some notes from just one Council.

http://www.oadby-wigston.gov.uk/pages/untidy_land_notices_section_215_of_the_town_and_country_planning_act
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