Decision details

Land at Sandfield Nursery - Possible service of a section 215 Notice (impact upon local amenity)

Decision Maker: Planning Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


Upon the invitation of the Chair, the Director of Growth presented the report which sought the Committee to determine whether the Council wished to serve a section 215 notice of the Town & Country Planning Act 1990 (as amended) in respect of the condition of land at the former Sandfield Nursery, Littlehampton and, if so, consider any consequential actions. Two short videos were played to the Committee to show the state of the land in both winter and summer.


Members spoke in support of taking this action but raised concerns about what the rubble consisted of and how it got there, and liability and cost recovery if the landowner did not remove the material themselves. The Director of Growth explained that should the Council need to take clean-up action, a charge could be placed on the land which could force the land’s sale and make any action taken cost neutral.


With Members beginning to ask questions around potential commercial aspects of the businesses on the site, the Legal Services Manager advised that if Members wanted to continue such lines of discussion then the meeting would have to move into exempt business. The Committee agreed that this was not necessary for what the report was asking them to decide. The recommendation was then proposed by Councillor Chace and seconded by Councillor Bower.


The Committee




That the Director of Growth be authorised to arrange the service of a section 215 notice of the Town & Country Planning Act 1990 in respect of land at Sandfield Nursery, Littlehampton and to take any consequential actions under sections 216 to 219 of the same Act and other legislation as appropriate to secure compliance and the recovery of any funds so used in securing compliance.

Report author: Jonny Cooper

Publication date: 13/03/2023

Date of decision: 08/03/2023

Decided at meeting: 08/03/2023 - Planning Committee

Accompanying Documents: