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Enforcement of planning control (development commenced and not carried out in conformity with permission).
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35.—(1) Where any development authorised by a permission granted under this Part of this Act has been commenced but has not been or is not being carried out in conformity with such permission, the planning authority may, if they consider it expedient so to do, and shall, if they are directed so to do by the Minister, serve a notice under this section.
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(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, the provisions of any special amenity area order relating to the said area and the terms of any permission granted.
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(3) A notice under this section may be served on—
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(a) the person who commenced the development, or
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(b) any other person who has carried out or is carrying out development authorised by the permission,
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as the planning authority may decide.
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(4) Any notice served under this section (hereafter in this section referred to as an enforcement notice) may require such steps as may be specified in the notice to be taken within such period as may be so specified for securing the carrying out of the development in conformity with the permission and, in particular, any such notice may, for the purpose aforesaid, require the removal or alteration of any structures, the discontinuance of any use of land or the carrying out on land of any works.
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(5) An enforcement notice shall take effect at the expiration of such period (not being less than one month after the service thereof) as may be specified therein.
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(6) 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 the land and take such steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person on whom the notice was served any expenses reasonably incurred by them in that behalf.
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(7) Where an enforcement notice has been served on a person and within the period specified therein, or within such extended period as the planning authority may allow, any steps required by the notice to be taken 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.
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(8) If after a person is convicted under 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 remain unfulfilled.
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(9) Particulars of an enforcement notice shall be entered in the register.
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