Local Government (Planning and Development) Act, 1963

Liability of owner of land for failure to comply with requirements of enforcement notice other than discontinuance of use of land.

34.—(1) Subject to the provisions of this section, where an enforcement notice (other than a notice which has been annulled) has been served under any of the last three preceding sections on the person who was, when the notice was served on him, the owner of the land to which the enforcement notice relates and within the period specified in the enforcement notice, or within such extended period as the planning authority may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(2) If a person against whom proceedings are brought under this section has at some time before the end of the said period specified in the enforcement notice for compliance with the notice (or of such extended period as the planning authority may allow for compliance with the notice) ceased to be the owner of the land, he shall, upon complaint duly made by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the land brought before the court in the proceedings.

(3) If, after it has been proved that any steps required by the enforcement notice have not been taken as aforesaid, the original defendant proves that the failure to take the steps was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he took all reasonable steps to secure compliance with the enforcement notice, he shall be acquitted of the offence.

(4) For the purposes of subsections (1) and (2) of this section, a person who, apart from this subsection, would be the owner of land by reason of receiving rent shall, if he receives the rent as agent for another person, be regarded as not being such owner.

(5) If after a person is convicted under the foregoing provisions of this section he does not as soon as practicable do everything in his power to secure compliance with the enforcement notice, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding twenty pounds for each day following his first conviction on which any of the requirements of the enforcement notice (other than the discontinuance of any use of land) remain unfulfilled.

(6) If the owner of any land is obstructed or interfered with in taking steps required to be taken by an enforcement notice under any of the last three preceding sections, the person obstructing or interfering shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds; and if in the case of a continuing offence the obstruction or interference is continued after 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 the obstruction or interference is so continued.

(7) Subsection (6) of this section shall not apply where the person obstructing or interfering is the occupier of the land unless the owner has given to him not less than fourteen days' notice in writing of the intention to take the steps.