Local Government (Planning and Development) Act, 1963

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.