Planning and Development Act, 2000

Requiring removal or alteration of structure or discontinuance of use.

46.—(1) If a planning authority decides that, in exceptional circumstances—

(a) any structure should be demolished, removed, altered or replaced,

(b) any use should be discontinued, or

(c) any conditions should be imposed on the continuance of a use,

the planning authority may serve a notice on the owner and on the occupier of the structure or land concerned and on any other person who, in its opinion, will be affected by the notice.

(2) Subsection (1) shall not apply to any unauthorised development unless the notice under this section is served after seven years from the commencement of the unauthorised development.

(3) A notice referred to in subsection (1) shall—

(a) specify the location of the structure or land concerned,

(b) specify the steps that will be required to be taken within a specified period, including, where appropriate—

(i) the demolition, removal, alteration or replacement of any structure, or

(ii) the discontinuance of any use or the continuance of any use subject to conditions,


(c) invite any person served with the notice to make written submissions or observations to the planning authority in respect of the matters referred to in the notice within a specified period (being not less than 4 weeks from the date of service of the notice).

(4) A planning authority may, having regard to any submissions or observations made in accordance with subsection (3) (c), decide to confirm the notice, with or without modifications, or not to confirm the notice.

(5) A planning authority, in deciding whether to confirm a notice pursuant to this section, shall consider—

(a) the proper planning and sustainable development of the area,

(b) the provisions of the development plan,

(c) the provisions of any special amenity area order, any European site or other area designated for the purposes of section 10 (2) (c) relating to the area, and

(d) any other relevant provision of this Act and any regulations made thereunder.

(6) Where a notice is confirmed by a planning authority under subsection (4), any person served with the notice may, within 8 weeks of the date of service of the notice, appeal to the Board against the notice.

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

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

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

(b) in case an appeal or appeals are taken against it and not withdrawn, when the appeal or appeals have been either withdrawn or decided.

(9) If, within the period specified in a notice under this section, or within such extended period as the planning authority may allow, any demolition, removal, alteration or replacement required by the notice has not been effected, the planning authority may enter the structure and may effect such demolition, removal, alteration or replacement as is specified in the notice.

(10) Where a notice under this section is complied with, the planning authority shall pay to the person complying with the notice the expenses reasonably incurred by the person in carrying out the demolition, removal, alteration or replacement specified in the notice, less the value of any salvageable materials.

(11) Where any person served with a notice under this section fails to comply with the requirements of the notice, or causes or permits the failure to comply with the requirements, he or she shall be guilty of an offence.

(12) Particulars of a notice served or confirmed under this section shall be entered in the register.

(13) (a) A planning authority may, for stated reasons, by notice in writing withdraw a notice served under this section.

(b) Where a notice is withdrawn pursuant to this subsection by a planning authority, the fact that the notice was withdrawn shall be recorded by the authority in the register.