Local Government (Planning and Development) Act, 1999

Power to require restoration of character of protected structures and other places.

11.—(1) In this section “works”, in relation to a structure or any element of a structure, includes the removal, alteration or replacement of any specified part of the structure or element and the removal or alteration of any advertisement structure.

(2) A planning authority may serve a notice that complies with subsection (3) on each person who is the owner or occupier of a structure situated within its functional area, if—

(a) the structure is a protected structure and, in the opinion of the planning authority, the character of the structure or of any of its elements ought to be restored, or

(b) the structure forms part of a place, an area, a group of structures or a townscape which of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest and, in the opinion of the planning authority, it is desirable to restore the character of that place, area, group of structures or townscape, as the case may be.

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

(a) specify the works required to be carried out for the purposes of restoring the structure or element referred to in the notice,

(b) state that the person on whom the notice is served may, within a specified period of not less than 2 months from the date of the service of the notice, make written representations to the planning authority concerning the notice,

(c) invite that person to enter into discussions with the planning authority, within a specified period of not less than 2 months from the date of the service of the notice, concerning the notice and in particular concerning—

(i) the provision by the planning authority of advice, materials, equipment, the services of the authority's staff or other assistance in carrying out the works specified in the notice, and

(ii) the period within which the works are to be carried out,

(d) specify the period within which, unless otherwise agreed in the discussions under paragraph (c), the works shall be carried out, being a period of not less than 2 months from the end of the period allowed for entering into discussions, and

(e) state that, to the extent that the works relate to an authorised structure or a structure which has been constructed, erected or made five years or more prior to the service of the notice, the planning authority shall pay any expenses that are reasonably incurred by that person in carrying out the works in accordance with the notice.

(4) In deciding whether to serve a notice under this section, a planning authority shall have regard to any guidelines issued under section 3 and any recommendations made under section 4 .

(5) If the invitation under subsection (3)(c) to enter into discussions is accepted, the planning authority shall facilitate the holding of those discussions.

(6) After considering any representations made under subsection (3) (b) and any discussions held under subsection (5), the planning authority may confirm, amend or revoke the notice and shall notify the person who made the representations of its decision.

(7) Particulars of a notice served under this section shall be entered in the register kept by the planning authority under section 8 of the Principal Act.