Local Government (Planning and Development) Act, 1999

Notice of intention to acquire protected structure compulsorily.

23.—(1) A planning authority intending to acquire any protected structure compulsorily under this Act shall—

(a) publish in one or more newspapers circulating in its functional area a notice—

(i) stating its intention to acquire the protected structure compulsorily under this Act,

(ii) describing the structure to which the notice relates,

(iii) naming the place where a map showing the location of the protected structure is deposited and the times during which it may be inspected, and

(iv) specifying the time within which (not being less than one month) and the manner in which objections to the acquisition of the structure may be made to the planning authority,

and

(b) serve on every owner, lessee and occupier (except tenants for one month or a period less than one month) of the structure a notice which complies with paragraph (a).

(2) In this section, “owner”, in relation to a protected structure, means—

(a) a person, other than a mortgage not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the protected structure, and

(b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the protected structure.