Planning and Development Act, 2000

Appeals against notices.

61.—(1) Within 2 weeks after being notified under section 59 (4) or 60 (6) of the confirmation or amendment of a notice, any person who made representations in relation to the notice may appeal against the notice to the District Court, on any one or more of the following grounds:

(a) that the person is not the owner or occupier of the structure in respect of which the notice has been served;

(b) that, in the case of a notice under section 59 (1), compliance with the requirements of the notice would involve unreasonable expense, and that the person had stated in representations made to the planning authority under section 59 (3) that he or she did not have the means to pay;

(c) that the person has already taken all reasonable steps to—

(i) in the case of a notice under section 59 (1), prevent the structure from becoming, or continuing to be endangered,

(ii) in the case of a notice under section 60 (2) in relation to a protected structure, restore the character of the structure or the element, or

(iii) in the case of a notice under section 60 (2) in relation to a structure that forms part of a place, area, group of structures or townscape referred to in paragraph (b) of that subsection, assist in restoring the character of that place, area, group of structures or townscape, as the case may be;

(d) that the time for complying with the notice is unreasonably short.

(2) Notice of an appeal under subsection (1) shall be given to the planning authority, and it shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(3) On the hearing of the appeal, the District Court may, as it thinks proper—

(a) confirm the notice unconditionally,

(b) confirm the notice subject to such modifications or additions as the Court thinks reasonable, or

(c) annual the notice.

(4) Where the notice is confirmed under subsection (3)(b) subject to modifications or additions, the notice shall have effect subject to those modifications or additions.