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Last edited 12 Oct 2017
NB See also: Section 102 sewer adoption.
Section 102 of the Town and Country Planning Act 1990 enables a Notice to be issued ordering the discontinuing use, or alteration or removal of buildings or works.
A local planning authority (LPA) can issue a Notice if they consider it is in the interests of the proper planning of their area, including being in the interests of amenity.
Under Section 102, the LPA can issue a Notice that:
- Requires the use of the land or building to be discontinued.
- Imposes conditions on the land or building.
- Requires steps to be taken for the alteration or removal of the building or works.
This may result in the payment of compensation. In addition, an order may involve the displacement of residents. In this case, the LPA is duty-bound to secure other suitable residential accommodation before the displacement can take place.
If the intention of the order is to impose conditions, then this may be done by the granting of planning permission.
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