Commentary on Sections Compliance with notices of unauthorised development Section 116 – Recovery of costs of compliance with notice of unauthorised development
307.This section provides that where a relevant planning authority or the Welsh Ministers exercise the power under section 115, they may recover their costs from a person who is then the owner of the land.
308.Any costs recoverable are, until recovered, to be a charge on the land to which the notice of unauthorised development relates and takes effect as a local land charge at the beginning of the day after the day the planning authority or the Welsh Ministers completes the step(s) specified in the notice of unauthorised development to which the costs relate.
309.This section also specifies materials may be removed from the land when taking steps required by a notice of unauthorised development and where the owner of the materials does not claim them and take them away within 3 days beginning the day after they are removed, the materials may be sold.
310.If materials are sold, the proceeds must be paid to the person who owned the materials, after deducting any recoverable costs.
311.Costs may not be recovered under this section from the Crown.