Local Government (Planning and Development) Act, 1963

Enforcement of planning control (structure which is unauthorised structure on commencement of appointed day).

33.—(1) Where a structure which existed immediately before the appointed day is on the commencement of that day an unauthorised structure, the planning authority at any time within five years after the appointed day (subject to the structure's remaining at that time an unauthorised structure) may, if they decide that it is expedient so to do, and, subject to subsection (9) of this section, shall, if they are directed by the Minister so to do, serve a notice under this section on the owner and on the occupier of the structure.

(2) The planning authority, in deciding whether it is expedient to serve a notice under this section, and the Minister, in deciding whether he will direct the planning authority to serve such a notice, shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(3) Any notice served under this section (hereafter in this section referred to as an enforcement notice) may require the removal of the structure or require all or any of the following:

(a) the alteration of the structure,

(b) the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(c) the provision of space around the structure,

(d) the planting of trees, shrubs or other plants or the landscaping of the structure or other land.

(4) Where an enforcement notice is served, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(5) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (2) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by a planning authority.

(6) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(7) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, the planning authority may enter on any structure and take those steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the structure any expenses reasonably incurred by them in that behalf.

(8) Particulars of an enforcement notice shall be entered in the register.

(9) Where any such direction as is referred to in subsection (1) of this section is proposed to be given by the Minister, a draft thereof shall be laid before each House of the Oireachtas and the direction shall not be given until a resolution approving of the draft has been passed by each such House.