Waste Land/Untidy Land

The Town & Country Planning Act can be used to require neighbours to tidy up their land or gardens but only where the condition of the land affects the wider area. A recent Crown Court decision at Guildford has emphasised that the mere fact that a property owner keeps his garden untidy - in this case by amassing scrap cars and items including old kitchen sinks and sofas - does not mean that a section 215 enforcement notice will succeed. The Council has to demonstrate that the amenity of the neighbourhood or locality has been adversely affected. So a back garden littered with rubbish falls outside the scope of the Act where it is not in full view of others in the neighbourhood and affects amenity levels. In the Guildford case, the property was surrounded by other properties who had a direct view into the garden, presumably from upper windows. But it didn't affect the wider populace and the case was thrown out in the Court.