Regulation 48 Enforcement of local land charges

(1)

This regulation applies where Natural England intends to enforce a local land charge imposed under regulation 47.

(2)

Natural England must notify the following persons of its intention to enforce the charge—

(a)

every owner of the land;

(b)

every other person it considers may be prejudiced by enforcement of the charge.

(3)

The notification must—

(a)

be in writing;

(b)

be displayed on the relevant land;

(c)

set out Natural England’s reasons for enforcing the charge;

(d)

include the outstanding levy amount and the steps that Natural England intends to take if payment of the amount is not made.

(4)

Natural England may apply to the county court for consent to enforce the local land charge if the levy amount is not paid in full (so that the outstanding levy amount is zero) before the end of the period of 21 days beginning with the day on which the notification was made.

(5)

When deciding whether to grant consent to enforce the charge, the court must consider—

(a)

all the circumstances of the case, and

(b)

in particular, any evidence before it as to whether any person would be likely to be unduly prejudiced by enforcement of the charge.

(6)

Natural England may not enforce a local land charge imposed for a relevant development if the outstanding levy amount is less than £2000.

(7)

When enforcing a local land charge under this regulation, Natural England has all the same powers and remedies under the Law of Property Act 1925^f1 and otherwise as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

Annotations

Footnotes

f1: 1925 c. 20.