Subsections (2) and (3) apply if the local planning authority for an area in England have reason to believe that there is a persistent problem with the display of unauthorised advertisements on a surface of—
The local planning authority may serve an action notice on the owner or occupier of the land in or on which the surface is situated.
If after reasonable enquiry the local planning authority—
the local planning authority may fix an action notice to the surface.
For the purposes of this section "an action notice", in relation to a surface, is a notice requiring the owner or occupier of the land in or on which the surface is situated to carry out the measures specified in the notice by a time specified in the notice.
A time may be specified in an action notice if it is a reasonable time not earlier than the end of 28 days beginning with the date of the notice.
Measures may be specified in an action notice if they are reasonable measures to prevent or reduce the frequency of the display of unauthorised advertisements on the surface concerned.
The time by which an owner or occupier must comply with an action notice may be postponed by the local planning authority.
This section has effect subject to—
Subsection (10) applies if—
The local planning authority may—
Power under subsection (10)(a) is subject to the right of appeal under section 225D.
Where in the exercise of power under subsection (10)(a) any damage is caused to land or chattels, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power, but compensation is not recoverable under this subsection for damage reasonably caused in carrying out the measures.
The provisions of section 118 apply in relation to compensation under subsection (12) as they apply in relation to compensation under Part 4.
The local planning authority may not recover expenses under subsection (10)(b) in respect of a surface that—
Each of sections 275 and 291 of the Public Health Act 1936 (provision for authority to agree to take the required measures at expense of owner or occupier, and provision for expenses to be recoverable also from owner's successor or from occupier and to be charged on premises concerned) applies as if the reference in that section to that Act included a reference to this section.
In this section—
"dwellinghouse" does not include a building containing one or more flats, or a flat contained within such a building;
"flat" means a separate and self-contained set of premises constructed or adapted for use as a dwelling and forming part of a building from some other part of which it is divided horizontally;
"unauthorised advertisement" means an advertisement in respect of which an offence— is committed after the coming into force of this section.
(a)under section 224(3), or
(b)under section 132 of the Highways Act 1980 (unauthorised marks on highway),