Local Government (Planning and Development) Act, 1963

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(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,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