Local Government (Planning and Development) Act, 1963

PART IV.

Control of Development and of Retention of Certain Structures, etc.

General obligation to obtain permissions.

24.—(1) Subject to the provisions of this Act, permission shall be required under this Part of this Act—

(a) in respect of any development of land, being neither exempted development nor development commenced before the appointed day, and

(b) in the case of a structure which existed immediately before the appointed day and is on the commencement of that day an unauthorised structure, for the retention of the structure.

(2) A person shall not carry out any development in respect of which permission is required by subsection (1) of this section save under and in accordance with a permission granted under this Part of this Act.

(3) Any person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the contravention is so continued.

(4) In a prosecution for an offence under this section—

(a) it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the development in question was neither exempted development nor development commenced before the appointed day,

(b) it shall be a good defence if the defendant produces a permission which, by virtue of subsection (1) of section 28 of this Act, was granted in respect of the development complained of.