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Planning and Development Act, 2000

Service of notice relating to structures or other land in an area of special planning control.

88.—(1) A planning authority may serve a notice that complies with subsection (2) on each person who is the owner or occupier of land to which an objective or provision of an approved scheme applies.

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

(a) refer to the structure or land concerned,

(b) specify the date on which the notice shall come into force,

(c) specify the measures required to be undertaken on the coming into force of the notice including, as appropriate, measures for—

(i) the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning of any structure, or

(ii) the discontinuance of any use or the continuance of any use subject to conditions,

(d) invite the person on whom the notice is served, within such period as is specified in the notice (being not less than 8 weeks from the date of service of the notice) to make written representations to the planning authority concerning the notice,

(e) invite the person to enter into discussions with the planning authority, within such period as is specified in the notice (being not less than 8 weeks from the date of service of the notice) concerning the matters to which the notice refers and in particular concerning—

(i) the period within which the measures specified in the notice are to be carried out, and

(ii) the provision by the planning authority of advice, materials, equipment, the services of the authority's staff or other assistance required to carry out the measures specified in the notice,

(f) specify the period within which, unless otherwise agreed in the discussions entered into pursuant to an invitation in the notice in accordance with paragraph (e), the measures specified in the notice shall be carried out, being a period of not less than 8 weeks from the date of the coming into force of the notice,

(g) state that the planning authority shall pay any expenses that are reasonably incurred by that person in carrying out the steps specified in the notice, other than expenses that relate to unauthorised development carried out not more than 7 years prior to the service of the notice, and

(h) state that the planning authority shall, by way of compensation, pay, to any person who shows that as a result of complying with the notice—

(i) the value of an interest he or she has in the land or part thereof existing at the time of the notice has been reduced, or

(ii) he or she, having an interest in the land at that time, has suffered damage by being disturbed in his or her enjoyment of the structure or other land,

a sum equal to the amount of such reduction in value or a sum in respect of the damage suffered.

(3) If the invitation in a notice in accordance with subsection (2)(d) to enter into discussions is accepted, the planning authority shall take all such measures as may be necessary to enable the discussions concerned to take place.

(4) After considering any representations made and any discussions held pursuant to invitations in a notice under subsection (2), the planning authority may confirm, amend or revoke the notice and shall notify in writing the person to whom the notice is addressed.

(5) Any person served with a notice under subsection (1) may, within 8 weeks from the date of notification of the confirmation or amendment of the notice under subsection (4), appeal to the Board against the notice.

(6) Where an appeal is brought under subsection (5) against a notice, the Board may, after taking into account—

(a) the proper planning and sustainable development of the area,

(b) the provisions of the development plan for the area,

(c) any local area plan or integrated area plan (within the meaning of the Urban Renewal Act, 1998 ) in force relating to the area to which the scheme relates, and

(d) the provisions of the approved scheme concerned,

confirm with or without modification, or annul, the notice.

(7) A notice served by a planning authority under subsection (1) may, for stated reasons, by notice in writing, be withdrawn.

(8) A notice under this section (other than a notice that has been withdrawn) shall not come into force—

(a) until the expiry of any period within which an appeal against the notice may be brought, or

(b) where an appeal is taken against the notice, when the appeal has been withdrawn or decided,

as may be appropriate.