Air Pollution Act, 1987

Power of local authority to require alterations to premises.

44.—(1) A local authority may, by notice in writing served on the person who appears to them to be the owner or occupier of a premises which—

(a) is within a special control area, or

(b) will be, when a special control area order which has been confirmed by the Minister comes into operation, within such an area,

require the owner or occupier of the premises to carry out such alterations to the premises as may be specified in the notice.

(2) A notice under subsection (1) shall—

(a) specify the works which appear to the local authority to be necessary in order to comply with the special control area order;

(b) direct the person on whom the notice is served to carry out, or to cause to be carried out, such works as are specified in the notice;

(c) specify a period (being not less than twenty-eight days beginning on the date of service of the notice and ending not sooner than the date on which the special control area order comes into operation) within which such works are to be completed;

(d) specify that representations in writing in relation to the terms of the notice may be made by the person on whom the notice is served to the local authority within the period stated in the notice.

(3) The local authority shall consider any representations duly made to them within the period specified in the notice and, having considered such representations if they consider it reasonable so to do, may amend or revoke the notice.

(4) A person on whom a notice under this section is served shall, within the period specified, comply with the requirements of the notice or, as the case may be, the notice as amended.

(5) Where a person on whom a notice has been served under this section does not, within the period specified, comply with the requirements of the notice or, as the case may be, the notice as amended, the local authority that served the notice may take such steps as they consider reasonable and necessary to secure such compliance.

(6) A local authority may recover any expenses incurred by reason of the exercise of the powers conferred on them by subsection (5) from the person on whom a notice under this section was served as a simple contract debt in any court of competent jurisdiction.