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28 1963

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963

PART IV.

Control of Development and of Retention of Certain Structures, etc.

General obligation to obtain permissions.

24. —(1) Subject to the provisions of this Act, permission shall be required under this Part of this Act—

(a) in respect of any development of land, being neither exempted development nor development commenced before the appointed day, and

(b) in the case of a structure which existed immediately before the appointed day and is on the commencement of that day an unauthorised structure, for the retention of the structure.

(2) A person shall not carry out any development in respect of which permission is required by subsection (1) of this section save under and in accordance with a permission granted under this Part of this Act.

(3) Any person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the contravention is so continued.

(4) In a prosecution for an offence under this section—

(a) it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the development in question was neither exempted development nor development commenced before the appointed day,

(b) it shall be a good defence if the defendant produces a permission which, by virtue of subsection (1) of section 28 of this Act, was granted in respect of the development complained of.

Permission regulations.

25. —(1) The Minister shall by regulations (in this Act referred to as permission regulations) provide for—

(a) the grant of permissions for the development of land, and

(b) the grant of permissions for the retention of structures which existed immediately before the appointed day and are on that day unauthorised structures,

and such permissions may be granted on an application in that behalf made to the planning authority in accordance with the provisions of the regulations and subject to any requirements of or made pursuant to the regulations being complied with by the applicant.

(2) Regulations under this section may, in particular and without prejudice to the generality of the foregoing subsection, make provision for—

(a) applications, expressed to be outline applications, for permissions for development subject to the subsequent approval of the planning authority,

(b) requiring any applicants to publish any specified notices with respect to their applications,

(c) requiring any applicants to furnish to the Minister and to any other specified persons any specified information with respect to their applications,

(d) requiring any applicants to submit any further information relative to their applications (including any information as to any estate or interest in or right over land),

(e) requiring the production of any evidence to verify any particulars of information given by any applicants,

(f) requiring planning authorities to furnish to the Minister and to any other specified persons any specified information with respect to any applications and the manner in which they have been dealt with,

(g) requiring planning authorities to publish any specified notices with respect to any applications or decisions on applications.

Permission for development.

26. —(1) Where—

(a) application is made to a planning authority in accordance with permission regulations for permission for the development of land or for an approval required by such regulations, and

(b) any requirements relating to the application of or made under such regulations are complied with,

the authority may decide to grant the permission or approval subject to or without conditions or to refuse it; and in dealing with any such application the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the matters referred to in subsection (2) of this section.

(2) Conditions under subsection (1) of this section may, without prejudice to the generality of that subsection, include all or any of the following conditions:

(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant, so far as appears to the planning authority to be expedient for the purposes of or in connection with the development authorised by the permission,

(b) conditions for requiring the carrying out of works (including the provision of car parks) which the planning authority consider are required for the purposes of the development authorised by the permission,

(c) conditions for requiring provision of open spaces,

(d) conditions for requiring the planting of trees, shrubs or other plants or the landscaping of structures or other land,

(e) conditions for requiring the giving of security for satisfactory completion of the proposed development (including maintenance until taken in charge by the local authority concerned of roads, open spaces, car parks, sewers, watermains or drains),

(f) conditions for requiring roads, open spaces, car parks, sewers, watermains or drains in excess of the immediate needs of the proposed development,

(g) conditions for requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land and expenditure consisting of a payment under subsection (7) of this section) that was incurred by any local authority in respect of works (including the provision of open spaces) which have facilitated the proposed development, being works commenced neither earlier than the 1st day of August, 1962, nor earlier than seven years before the grant of permission for the development,

(h) conditions for requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land) that is proposed to be incurred by any local authority in respect of works (including the provision of open spaces) facilitating the proposed development, subject to stipulations providing for—

(i) where the proposed works are, within a specified period, not commenced, the return of the contribution or the instalments thereof paid during that period (as may be appropriate),

(ii) where the proposed works are, within the said period, carried out in part only or in such manner as to facilitate the proposed development to a lesser extent, the return of a proportionate part of the contribution or the instalments thereof paid during that period (as may be appropriate), and

(iii) payment of interest on the contribution or any instalments thereof that have been paid (as may be appropriate) so long as and in so far as it is or they are retained unexpended by the local authority,

(i) conditions for requiring compliance in respect of the land with any rules made by the planning authority under subsection (6) of this section,

(j) conditions for requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land so authorised, at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period.

(3) (a) A planning authority shall not, in a case in which the development concerned would contravene materially the development plan or any special amenity area order relating to their area, decide to grant a permission under this section save with the consent of the Minister.

(b) Where an application is made to the Minister for a consent under this subsection, any person may furnish to the Minister in writing his objections to the grant of the consent, and the Minister shall, before granting the consent, consider any such objections which he receives within twenty-one days after the receipt of the application.

(4) (a) Where—

(i) an application is made to a planning authority in accordance with permission regulations for permission under this section or for an approval required by such regulations,

(ii) any requirements relating to the application of or made under such regulations are complied with, and

(iii) the planning authority do not give notice to the applicant of their decision within the appropriate period,

a decision by the planning authority to grant the permission or approval shall be regarded as having been given on the last day of that period.

(b) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case any notice or notices requiring the applicant to publish any notice, to give further information or to produce evidence in respect of the application has or have been served by the planning authority pursuant to permission regulations within the period of two months beginning on the day of receipt by the planning authority of the application—within the period of two months beginning on the day on which the notice or notices has or have been complied with,

(ii) in case an application is made to the Minister for consent under subsection (3) of this section—within the period of seven days beginning on the day of receipt by the planning authority of notification of the Minister's decision,

(iii) in any other case—within the period of two months beginning on the day of receipt by the planning authority of the application.

(5) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Minister against a decision of a planning authority under this section.

(b) Where an appeal is brought under this subsection from a decision of a planning authority and is not withdrawn, the Minister shall determine the application as if it had been made to him in the first instance and his decision shall operate to annul the decision of the planning authority as from the time when it was given; and the provisions of subsections (1) and (2) of this section shall apply, subject to any necessary modifications, in relation to the determination of an application by the Minister on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(c) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case the appellant is the applicant—the period of one month beginning on the day of receipt by him of the decision,

(ii) in any other case—the period of twenty-one days beginning on the day of the giving of the decision.

(6) A planning authority may make rules for regulating the manner in which advertisement structures are to be affixed to structures or other land.

(7) In a case in which a condition referred to in paragraph (f) of subsection (2) of this section is attached to any permission or approval granted under this section, a contribution towards such of the relevant roads, open spaces, car parks, sewers, watermains or drains as are constructed shall be made by the local authority who will be responsible for their maintenance, and the contribution shall be such as may be agreed upon between that local authority and the person carrying out the works or, in default of agreement, as may be determined by the Minister.

(8) A decision given under this section (whether on the original application or on appeal) by which any permission or approval is refused or is granted subject to conditions, and the notification of such decision, shall comprise a statement specifying the reasons for the refusal or the imposition of the conditions.

(9) (a) Where the planning authority decide under this section to grant a permission or approval—

(i) in case no appeal is taken against the decision, they shall make the grant as soon as may be after the expiration of the period for the taking by the applicant of an appeal or, in a case to which subsection (4) of this section applies, of the period for the taking of an appeal otherwise than by the applicant,

(ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless the appeal or appeals is or are withdrawn and, in that case, they shall make the grant as soon as may be after the withdrawal.

(b) Where the Minister decides on appeal under this section to grant a permission or approval, he shall make the grant as soon as may be after the decision.

(10) (a) Where a permission or approval is granted under this section subject to any one or more of the conditions referred to in paragraphs (e), (g) and (h) of subsection (2) of this section, the permission or approval shall be of no effect and shall be disregarded until the condition or conditions has or have been complied with.

(b) Paragraph (a) of this subsection shall not apply where a condition referred to in paragraph (g) or (h) of subsection (2) of this section requires a contribution by instalments except in respect of development which is the subject of the permission or approval and is carried out after default in paying an instalment of the contribution.

(11) A person shall not be entitled solely by reason of a permission or approval under this section to carry out any development.

Permission for retention of structures.

27. —(1) Where, with respect to a structure which existed immediately before the appointed day and which is on the commencement of that day an unauthorised structure,—

(a) application is made to the planning authority in accordance with permission regulations for permission for the retention of the structure, and

(b) any requirements relating to the application of or made under such regulations are complied with,

the authority may decide to grant the permission subject to or without conditions or to refuse it; and in dealing with any such application the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(2) Conditions under subsection (1) of this section may, without prejudice to the generality of that subsection, include all or any of the following conditions:

(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the structure and which is under the control of the applicant, so far as appears to the planning authority to be expedient for the purposes of or in connection with the retention of the structure,

(b) conditions for requiring the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(c) conditions for requiring provision of space around the structure,

(d) conditions for requiring the planting of trees, shrubs or other plants or the landscaping of the structure or other land,

(e) conditions for requiring compliance in respect of the structure with any rules made by the planning authority under subsection (6) of section 26 of this Act,

(f) conditions for requiring the removal of the structure at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period.

(3) (a) Where—

(i) an application is made to a planning authority in accordance with permission regulations for permission under this section,

(ii) any requirements relating to the application of or made under such regulations are complied with, and

(iii) the planning authority do not give notice to the applicant of their decision within the appropriate period,

a decision by the planning authority to grant the permission shall be regarded as having been given on the last day of that period.

(b) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case any notice or notices requiring the applicant to publish any notice, to give further information or to produce evidence in respect of the application has or have been served by the planning authority pursuant to permission regulations within the period of two months beginning on the day of receipt by the planning authority of the application—within the period of two months beginning on the day on which the notice or notices has or have been complied with,

(ii) in any other case, within the period of two months beginning on the day of receipt by the planning authority of the application.

(4) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Minister against a decision of a planning authority under this section.

(b) Where an appeal is brought under this subsection from a decision of a planning authority and is not withdrawn, the Minister shall determine the application as if it had been made to him in the first instance and his decision shall operate to annul the decision of the planning authority as from the time when it was given; and the provisions of subsections (1) and (2) of this section shall apply, subject to any necessary modifications, in relation to the determination of an application by the Minister on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(c) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case the appellant is the applicant—the period of one month beginning on the day of receipt by him of the decision,

(ii) in any other case—the period of twenty-one days beginning on the day of the giving of the decision.

(5) A decision given under this section (whether on the original application or on appeal) by which permission is refused or is granted subject to conditions, and the notification of such decision, shall comprise a statement of the reasons for the refusal or the imposition of conditions.

(6) (a) Where the planning authority decide under this section to grant a permission—

(i) in case no appeal is taken against the decision, they shall make the grant as soon as may be after the expiration of the period for the taking by the applicant of an appeal or, in a case to which subsection (3) of this section applies, of the period for the taking of an appeal otherwise than by the applicant,

(ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless the appeal or appeals is or are withdrawn and, in that case, they shall make the grant as soon as may be after the withdrawal.

(b) Where the Minister decides on appeal under this section to grant a permission, he shall make the grant as soon as may be after the decision.

(7) A person shall not be entitled solely by reason of a permission under this section to retain any structure.

Supplemental provisions as to grant of permission.

28. —(1) The power to grant permission to develop land under this Part of this Act shall include power to grant permission for the retention on land of any structures constructed, erected or made on, in, or under the land on or after the appointed day and before the date of the application, or for the continuance of any use of land instituted on or after the appointed day and before the date of the application (whether without permission granted under this Part of this Act or in accordance with permission so granted for a limited period only); and references in this Part of this Act to permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly.

(2) Any such permission as is mentioned in subsection (1) of this section may be granted so as to take effect from the date on which the structures were constructed, erected or made, or the use was instituted, or from the expiration of the said period, as the case may be.

(3) Where permission has been granted by virtue of subsection (1) of this section for the retention on land of any structures, or for the continuance of the use of land, subject to any condition, the references in subsections (1) and (3) of section 31 of this Act to any conditions subject to which permission was granted in respect of any development include references to any such condition.

(4) The power conferred by subsection (1) of this section is exercisable not only where development has been carried out without permission or where previous permission has been granted for a limited period only, but also so as to permit the retention of structures or the continuance of any use of land without complying with some condition subject to which a previous permission under this Part of this Act was granted.

(5) Where permission to develop land or for the retention of a structure is granted under this Part of this Act, then, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land or structure and of all persons for the time being interested therein, but without prejudice to the provisions of this Part of this Act with respect to the revocation and modification of permissions granted thereunder.

(6) Where permission is granted under this Part of this Act for the construction, erection or making of a structure, the grant of permission may specify the purposes for which the structure may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the structure for the purpose for which it is designed.

(7) (a) Where permission to develop land is granted under this Part of this Act for a limited period only, nothing in this Part of this Act shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

(b) In determining for the purposes of this subsection the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land begun in contravention of the provisions of this Part of this Act.

Obligation to purchase land on refusal of permission in certain cases.

29. —(1) Where, in a case determined on an appeal under this Part of this Act, permission to develop any land has been refused or has been granted subject to conditions, then, if the owner of the land claims—

(a) that the land has become incapable of reasonably beneficial use in its existing state, and

(b) that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which permission has been granted under this Part of this Act, or for which the planning authority have undertaken to grant such permission, and

(c) in a case where permission to develop the land was granted as aforesaid subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions,

he may, at any time within the period of six months after the decision (or such longer period as the Minister may allow), serve on the planning authority a notice (hereafter in this section referred to as a purchase notice) requiring the planning authority to purchase his interest in the land in accordance with the provisions of this section.

(2) The planning authority on whom a purchase notice is served under this section shall, before the end of the period of three months beginning with the date of the service of that notice, serve on the owner by whom the purchase notice was served a notice stating either—

(a) that the authority are willing to comply with the purchase notice, or

(b) that, for reasons specified in the notice under this subsection, the authority are not willing to comply with the purchase notice and that they have transmitted a copy of the purchase notice and a copy of the notice under this subsection to the Minister.

(3) Where the planning authority upon whom a purchase notice is served under this section have served on the owner by whom the purchase notice was served a notice in accordance with paragraph (a) of subsection (2) of this section, it shall be the duty of the authority to acquire the interest of the owner and, for that purpose, the latter notice shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision made by the planning authority pursuant to subsection (1) of section 10 of the Local Government (No. 2) Act, 1960 , had been duly made and confirmed.

(4) Where a purchase notice is served on a planning authority under this section and the authority propose to serve on the owner a notice in accordance with paragraph (b) of subsection (2) of this section, they shall transmit a copy of that notice and copy of the purchase notice to the Minister, and subject to the following provisions of this section the Minister shall, if he is satisfied that the conditions specified in paragraphs (a) to (c) or paragraphs (a) and (b) (as may be appropriate) of subsection (1) of this section are fulfilled, confirm the purchase notice, and thereupon it shall be the duty of the planning authority to acquire the interest of the owner, and for that purpose,—

(a) the planning authority shall serve on the owner a notice stating that they propose to comply with the purchase notice,

(b) the notice so served shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision by the planning authority pursuant to subsection (1) of Section 10 of the Local Government (No. 2) Act, 1960 , had been duly made and confirmed:

Provided that—

(i) if it appears to the Minister to be expedient so to do, he may, in lieu of confirming the purchase notice, grant permission for the development in respect of which the application was made or, where permission for that development was granted subject to conditions, revoke or amend the conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development;

(ii) if it appears to the Minister, that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which permission ought to be granted, he may, in lieu of confirming the notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that such permission shall, subject to the provisions of this Act, be granted in the event of an application being made in that behalf.

(5) If within the period of six months from the end of the period specified in subsection (2) of this section, or the date on which a copy of the purchase notice is transmitted to the Minister, whichever is the earlier, the Minister has neither confirmed the notice nor taken any such other action as is mentioned in paragraph (i) or paragraph (ii) of the proviso to subsection (4) of this section, nor notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the expiration of that period, and it shall be the duty of the planning authority on whom the notice was served to acquire the interest of the owner and, for that purpose,—

(a) the planning authority shall serve on the owner a notice stating that they propose to comply with the purchase notice,

(b) the notice so served shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision made by the planning authority pursuant to subsection (1) of section 10 of the Local Government (No. 2) Act, 1960 , had been duly made and confirmed.

(6) Where, for the purpose of determining whether the conditions specified in paragraphs (a) to (c) or paragraphs (a) and (b) (as may be appropriate) of subsection (1) of this section are fulfilled in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of development of any class which is not exempted development.

Revocation and modification of permission.

30. —(1) Subject to the provisions of this section, if the planning authority decide that it is expedient that any permission to develop land granted under this Part of this Act should be revoked or modified, they may, by notice served on the owner and on the occupier of the land affected and on any other person who in their opinion will be affected by the revocation or modification, revoke or modify the permission.

(2) In deciding, pursuant to this section, whether it is expedient to serve a notice under this section, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(3) Any person on whom a notice under this section is served may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(4) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (2) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by a planning authority.

(5) The power conferred by this section to revoke or modify permission to develop land may be exercised—

(a) where the permission relates to the carrying out of works, at any time before those works have been commenced or, in the case of works which have been commenced and which, consequent on the making of a variation in the development plan, will contravene such plan, at any time before those works have been completed,

(b) where the permission relates to a change of the use of any land, at any time before the change has taken place,

but the revocation or modification of permission for the carrying out of works shall not affect so much of the works as has been previously carried out.

(6) The provisions of section 29 of this Act shall apply in relation to a notice under this section revoking permission to develop land or modifying any such permission by the imposition of conditions and which is confirmed on appeal (whether with or without modification), as they apply in relation to the refusal of an application for such permission or the grant of such an application subject to conditions, and in any such case the said section 29 shall have effect subject to the following modifications:

(i) in paragraph (c) of subsection (1), for “in a case where permission to develop the land was granted as aforesaid subject to conditions” there shall be substituted “in a case where the permission was modified by the imposition of conditions”;

(ii) for paragraph (i) of the proviso to subsection (4) there shall be substituted the following paragraph:

“(i) if it appears to the Minister to be expedient so to do he may, in lieu of confirming the purchase notice, cancel the notice revoking the permission or, where the notice modified the permission by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the development in respect of which the permission was granted.”

(7) A notice under this section shall state the reasons for which it is given and particulars of it shall be entered in the register.

(8) The revocation or modification under this section of a permission shall be a reserved function.

Enforcement of planning control (development).

31. —(1) (a) Where any development of land, being neither exempted development nor development commenced before the appointed day, has been carried out after the appointed day without the grant of permission required in that behalf under this Part of this Act, or any condition subject to which such permission was granted in respect of any development has not been complied with, the planning authority within five years of such development being carried out, or, in case of non-compliance with a condition, within five years after the appropriate date, may, if they decide that it is expedient so to do, and shall, if they are directed by the Minister so to do serve on the owner and on the occupier of the land a notice under this section.

(b) In the foregoing paragraph “the appropriate date” means, in relation to a condition, the date specified in the condition (or in default of being specified in the condition, specified by notice served by the planning authority on the owner and on the occupier of the land) as the latest date for compliance with the condition.

(2) The planning authority, in deciding whether it is expedient to serve a notice under paragraph (a) of subsection (1) of this section, and the Minister, in deciding whether he will direct the planning authority to serve such a notice, shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and, in a case of non-compliance with a condition, the terms of the permission.

(3) Any notice served under paragraph (a) of subsection (1) of this section (hereafter in this section referred to as an enforcement notice) shall specify the development which is alleged to have been carried out without the grant of such permission as aforesaid or, as the case may be, the matters in respect of which it is alleged that any such condition as aforesaid has not been complied with, and may require such steps as may be specified in the notice to be taken within such period as may be so specified for restoring the land to its condition before the development took place, or for securing compliance with the condition, as the case may be; and, in particular, any such notice may, for the purpose aforesaid, require the removal or alteration of any structures, the discontinuance of any use of land or the carrying out on land of any works.

(4) An enforcement notice shall take effect at the expiration of such period (not being less than one month after the service thereof) as may be specified therein.

(5) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken (other than the discontinuance of any use of land) have not been taken, the planning authority may enter on the land and take such steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the land any expenses reasonably incurred by them in that behalf.

(6) Any expenses incurred by the owner or occupier of any land for the purpose of complying with an enforcement notice in respect of any development, and any sums paid by the owner of any land under the foregoing subsection in respect of the expenses of the planning authority in taking steps required to be taken by such a notice, shall be deemed to be incurred or paid for the use and at the request of the person by whom the development was carried out.

(7) An enforcement notice may be served whether or not there has been a prosecution under section 24 of this Act in relation to the relevant development.

(8) Where, by virtue of an enforcement notice, any use of land is required to be discontinued, or any condition is required to be complied with in respect of any use of land or in respect of the carrying out of any works thereon, then, if any person, without the grant of permission in that behalf under this Part of this Act, uses the land or causes or permits the land to be used, or carries out or causes or permits to be carried out those works, in contravention of the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds, and if the use or carrying out of works in contravention of the notice is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which such use or carrying out of works is so continued.

(9) Nothing in this Part of this Act shall be construed as requiring permission to be obtained thereunder for the use of any land for the purpose for which it could lawfully have been used under this Part of this Act if the development in respect of which an enforcement notice is served had not been carried out.

(10) Particulars of an enforcement notice shall be entered in the register.

Enforcement of planning control (retention of structure).

32. —(1) (a) Where any condition subject to which a permission for the retention of a structure was granted under this Part of this Act has not been complied with, the planning authority may within five years after the appropriate date, if they decide that it is expedient so to do, serve on the owner and on the occupier of the structure a notice under this section.

(b) In the foregoing paragraph “the appropriate date” means, in relation to a condition, the date specified in the condition (or, in default of being specified in the condition, specified by notice served by the planning authority on the owner and on the occupier of the structure) as the latest date for compliance with the condition.

(2) In deciding, pursuant to this section, whether it is expedient to serve a notice under paragraph (a) of subsection (1) of this section, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the terms of any permission granted.

(3) Any notice served under paragraph (a) of subsection (1) of this section (hereafter in this section referred to as an enforcement notice) shall specify the matters in respect of which it is alleged that any such condition as aforesaid had not been complied with, and may require such steps as may be specified in the notice to be taken within such period as may be so specified for compliance with the condition; and, in particular, any such notice may, for the purpose aforesaid, require the removal of the structure or require all or any of the following:

(a) the alteration of the structure,

(b) the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(c) the provision of space around the structure,

(d) the planting of trees, shrubs or other plants or the landscaping of the structure or other land.

(4) An enforcement notice shall take effect at the expiration of such period (not being less than one month after the service thereof) as may be specified therein.

(5) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, the planning authority may enter on the structure and take those steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the structure any expenses reasonably incurred by them in that behalf.

(6) Particulars of an enforcement notice shall be entered in the register.

Enforcement of planning control (structure which is unauthorised structure on commencement of appointed day).

33. —(1) Where a structure which existed immediately before the appointed day is on the commencement of that day an unauthorised structure, the planning authority at any time within five years after the appointed day (subject to the structure's remaining at that time an unauthorised structure) may, if they decide that it is expedient so to do, and, subject to subsection (9) of this section, shall, if they are directed by the Minister so to do, serve a notice under this section on the owner and on the occupier of the structure.

(2) The planning authority, in deciding whether it is expedient to serve a notice under this section, and the Minister, in deciding whether he will direct the planning authority to serve such a notice, shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(3) Any notice served under this section (hereafter in this section referred to as an enforcement notice) may require the removal of the structure or require all or any of the following:

(a) the alteration of the structure,

(b) the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(c) the provision of space around the structure,

(d) the planting of trees, shrubs or other plants or the landscaping of the structure or other land.

(4) Where an enforcement notice is served, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(5) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (2) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by a planning authority.

(6) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(7) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, the planning authority may enter on any structure and take those steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the structure any expenses reasonably incurred by them in that behalf.

(8) Particulars of an enforcement notice shall be entered in the register.

(9) Where any such direction as is referred to in subsection (1) of this section is proposed to be given by the Minister, a draft thereof shall be laid before each House of the Oireachtas and the direction shall not be given until a resolution approving of the draft has been passed by each such House.

Liability of owner of land for failure to comply with requirements of enforcement notice other than discontinuance of use of land.

34. —(1) Subject to the provisions of this section, where an enforcement notice (other than a notice which has been annulled) has been served under any of the last three preceding sections on the person who was, when the notice was served on him, the owner of the land to which the enforcement notice relates and within the period specified in the enforcement notice, or within such extended period as the planning authority may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(2) If a person against whom proceedings are brought under this section has at some time before the end of the said period specified in the enforcement notice for compliance with the notice (or of such extended period as the planning authority may allow for compliance with the notice) ceased to be the owner of the land, he shall, upon complaint duly made by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the land brought before the court in the proceedings.

(3) If, after it has been proved that any steps required by the enforcement notice have not been taken as aforesaid, the original defendant proves that the failure to take the steps was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he took all reasonable steps to secure compliance with the enforcement notice, he shall be acquitted of the offence.

(4) For the purposes of subsections (1) and (2) of this section, a person who, apart from this subsection, would be the owner of land by reason of receiving rent shall, if he receives the rent as agent for another person, be regarded as not being such owner.

(5) If after a person is convicted under the foregoing provisions of this section he does not as soon as practicable do everything in his power to secure compliance with the enforcement notice, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding twenty pounds for each day following his first conviction on which any of the requirements of the enforcement notice (other than the discontinuance of any use of land) remain unfulfilled.

(6) If the owner of any land is obstructed or interfered with in taking steps required to be taken by an enforcement notice under any of the last three preceding sections, the person obstructing or interfering shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds; and if in the case of a continuing offence the obstruction or interference is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which the obstruction or interference is so continued.

(7) Subsection (6) of this section shall not apply where the person obstructing or interfering is the occupier of the land unless the owner has given to him not less than fourteen days' notice in writing of the intention to take the steps.

Enforcement of planning control (development commenced and not carried out in conformity with permission).

35. —(1) Where any development authorised by a permission granted under this Part of this Act has been commenced but has not been or is not being carried out in conformity with such permission, the planning authority may, if they consider it expedient so to do, and shall, if they are directed so to do by the Minister, serve a notice under this section.

(2) The planning authority, in deciding whether it is expedient to serve a notice under this section, and the Minister, in deciding whether he will direct the planning authority to serve such a notice, shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the terms of any permission granted.

(3) A notice under this section may be served on—

(a) the person who commenced the development, or

(b) any other person who has carried out or is carrying out development authorised by the permission,

as the planning authority may decide.

(4) Any notice served under this section (hereafter in this section referred to as an enforcement notice) may require such steps as may be specified in the notice to be taken within such period as may be so specified for securing the carrying out of the development in conformity with the permission and, in particular, any such notice may, for the purpose aforesaid, require the removal or alteration of any structures, the discontinuance of any use of land or the carrying out on land of any works.

(5) An enforcement notice shall take effect at the expiration of such period (not being less than one month after the service thereof) as may be specified therein.

(6) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, the planning authority may enter on the land and take such steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person on whom the notice was served any expenses reasonably incurred by them in that behalf.

(7) Where an enforcement notice has been served on a person and within the period specified therein, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(8) If after a person is convicted under this section he does not as soon as practicable do everything in his power to secure compliance with the enforcement notice, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding twenty pounds for each day following his first conviction on which any of the requirements of the enforcement notice remain unfulfilled.

(9) Particulars of an enforcement notice shall be entered in the register.

Requiring removal or alteration of structure.

36. —(1) If the planning authority decide that any structure should be removed or altered, the planning authority may serve a notice, requiring the carrying out of such removal or alteration and, in the case of a removal, any replacement appearing to the planning authority to be suitable, on the owner and on the occupier of the structure and on any other person who in their opinion will be affected by the notice.

(2) Subsection (1) of this section shall not apply in relation to an unauthorised structure unless—

(a) it is a structure which existed immediately before the appointed day and was on the commencement of that day an unauthorised structure and the notice under this section is served after the expiration of five years from the appointed day, or

(b) it is a structure constructed, erected or made on or after the appointed day and the notice under this section is served after the expiration of five years from its having been constructed, erected or made.

(3) In deciding pursuant to this section that a structure should be removed or altered, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(4) Where a notice is served under this section, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(5) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (3) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by the planning authority.

(6) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(7) If within the period specified in a notice under this section, or within such extended period as the planning authority may allow, the removal or alteration required by the notice has not been effected, the planning authority may enter on the structure and may effect such removal or alteration and any replacement specified in the notice.

(8) Where a notice under this section is complied with, the planning authority shall pay to the person complying with the notice the expenses reasonably incurred by him in carrying out the removal or alteration and any replacement specified in the notice, less the value of any salvageable materials.

(9) The provisions of section 29 of this Act shall apply in relation to a notice which is served under this section and which is confirmed on appeal (whether with or without modification) as they apply in relation to the refusal of an application for permission to develop land, and in any such case the said section 29 shall have effect subject to the following modifications:

(i) paragraph (c) of subsection (1) shall be disregarded;

(ii) for paragraph (i) of the proviso to subsection (4) there shall be substituted the following paragraph:

“(i) if it appears to the Minister to be expedient so to do he may, in lieu of confirming the purchase notice, cancel the notice requiring removal or alteration.”

(10) Particulars of a notice served under this section shall be entered in the register.

Requiring discontinuance of use.

37. —(1) If the planning authority decide, as respects any use of land, that—

(a) the use should be discontinued, or

(b) any conditions should be imposed on the continuance thereof,

the planning authority may serve a notice, requiring discontinuance of that use or imposing those conditions, on the owner and on the occupier of the land and on any other person who in their opinion will be affected by the notice.

(2) Subsection (1) of this section shall not apply in relation to an unauthorised use unless it is a use commenced on or after the appointed day and the notice under this section is served after the expiration of five years from its having been commenced.

(3) In deciding, pursuant to this section, that any use should be discontinued or any conditions should be imposed, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(4) Where a notice is served under this section, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(5) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (3) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by the planning authority.

(6) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(7) Where, by virtue of a notice under this section, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, then, if any person uses the land for that purpose or, as the case may be, uses the land for that purpose in contravention of those conditions, or causes or permits the land to be so used, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds, and if such use is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which such use is so continued.

(8) The provisions of section 29 of this Act shall apply in relation to a notice which is served under this section requiring discontinuance of use of land, or imposing conditions on such use, which is confirmed on appeal (whether with or without modifications), as they apply in relation to the refusal of an application for permission to use land or the grant of such an application subject to conditions, and in any such case the said section 29 shall have effect subject to the following modifications:

(i) for paragraph (a) of subsection (1) there shall be substituted the following paragraph:

“(a) that the land has become incapable of reasonably beneficial use on account of the required discontinuance or the imposed conditions (as the case may be)”;

(ii) paragraph (c) of subsection (1) shall be disregarded;

(iii) for paragraph (i) of the proviso to subsection (4) there shall be substituted the following paragraph:

“(i) if it appears to the Minister to be expedient so to do he may, in lieu of confirming the purchase notice, cancel the notice requiring discontinuance or imposing conditions.”

(9) Particulars of a notice served under this section shall be entered in the register.

Agreements regulating development or use of land.

38. —(1) A planning authority may enter into an agreement with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be specified by the agreement, and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the planning authority to be necessary or expedient for the purposes of the agreement.

(2) An agreement made under this section with any person interested in land may be enforced by the planning authority against persons deriving title under that person in respect of that land as if the planning authority were possessed of adjacent land and as if the agreement had been expressed to be made for the benefit of that land.

(3) Nothing in this section or in any agreement made thereunder shall be construed as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by the Minister or the planning authority under this Act so long as those powers are not exercised so as to contravene materially the provisions of the development plan, or as requiring the exercise of any such powers so as to contravene materially those provisions.

(4) Particulars of an agreement made under this section shall be entered in the register.

Restrictions on certain local authorities.

39. —(1) The council of a county shall not effect any development in their county health district which contravenes materially the development plan.

(2) The corporation of a county or other borough shall not effect any development in such borough which contravenes materially the development plan.

(3) The council of an urban district shall not effect any development in such district which contravenes materially the development plan.

Permission not required in certain cases.

40. —Notwithstanding anything in this Part of this Act, permission shall not be required under this Part of this Act—

(a) in the case of land which, on the appointed day, is being used temporarily for a purpose other than the purpose for which it is normally used, in respect of the resumption of the use of the land for the last-mentioned purpose;

(b) in the case of land which, on the appointed day, is normally used for one purpose and is also used on occasions, whether at regular intervals or not, for any other purpose, in respect of the use of the land for that other purpose on similar occasions after the appointed day;

(c) in respect of development required by a notice under section 31 , 32 , 33 , 35 or 36 of this Act (disregarding development for which there is in fact permission under this Part of this Act).

Registering of applications.

41. —(1) A planning authority shall enter in the register:

(a) particulars of any application made to them under this Part of this Act for permission for development or for retention of structures, including the name and address of the applicant, the date of receipt of the application and brief particulars of the development or retention forming the subject of the application,

(b) particulars of any application made to them under this Part of this Act for approval required by permission regulations, including the name and address of the applicant, the date of receipt of the application and brief particulars of the matters forming the subject of the application,

(c) the decision of the planning authority in respect of any such application and the date of the decision,

(d) the date and effect of any decision on appeal of the Minister in respect of any such application,

(e) particulars of any application made by them under subsection (3) of section 26 of this Act, including the date of the sending of the application and brief particulars of the development concerned.

(2) Every such entry consisting of particulars of an application shall be made within the period of seven days beginning on the day of receipt of the application.

(3) Every such entry consisting of a decision on an application shall be made within the period of seven days beginning on the day of the decision.