District uses s. 215 TCPA powers to prosecute property owners over state of gardens

A district council has used its powers under s. 215 of the Town and Country Planning Act 1990 to prosecute six people for having untidy gardens.

At a hearing on 3 October at Leicester Magistrates’ Court, the defendants were ordered to pay court fines and costs of between £15 and £700 depending on their offence.

One couple will have to pay a total of £920 – their garden was also found to be home to a pig.

North West Leicestershire said: “If a piece of land has an adverse affect on the amenity of an area, the council has powers to step in under section 215 of the Warning letters are sent initially, and if no action is taken by the land owner to improve the state of the land, notices are served and eventually the council will prosecute.” 

Cllr Alison Smith, the authority’s Deputy Leader and Portfolio Holder for Community Services, added: “Most people in the district do keep their land in a respectable order. It is only a few who take it to such extreme lengths where the state of their land is totally unacceptable and we feel we need to serve notice and then prosecute. Nobody should let their land fall into this state – it ruins communities for everyone else and brings down the tone of the neighbourhood.

“These people do not represent the state of the majority of our district and on the whole we have tidy and clean gardens. Just a reminder, if you do ignore the rules and our advice, we will prosecute, as demonstrated in these cases.”