Planning and Development Act 2024

Type Act

Publication 2024-10-17

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 637

(c) A planning authority may, for the purpose of the performance of its functions under this section, request a person (other than the person who made the request under subsection (1)) by notice in writing to provide the planning authority with such information and documentation as is specified in the notice not later than 12 weeks (or such longer period as may be prescribed) from the date of the notice.

(3) Subject to subsections (5) and (6), a planning authority shall, not later than—

(a) 8 weeks from its receiving a request under subsection (1), or

(b) 3 weeks from the expiration of the period or periods specified in a notice or notices under paragraph (b) or (c) of subsection (2),

whichever occurs later, decide whether or not it has sufficient information to enable it to make a declaration under this section and, if it decides that it does have such sufficient information, it shall, within that period, make a declaration in relation to the request concerned and forward the declaration and the main reasons and considerations on which it is based—

(i) to the person who made that request, and

(ii) where that person is not the owner or occupier of land to which the request relates, to such owner or occupier.

(4) Where a planning authority decides under subsection (3) that it does not have sufficient information to make a declaration under this section—

(a) it shall, by notice in writing, inform the person who made the request under subsection (1) of the decision, and

(b) the request shall be deemed to have been withdrawn on the date specified in that notice.

(5) Before issuing a declaration, a planning authority shall have regard to—

(a) any national planning statement relevant to the declaration sought, and

(b) any recommendation made to the authority relating to the protected structure, or proposed protected structure, under section 308.

(6) Where the planning authority decides, under subsection (3), that it has sufficient information to make a declaration under this section and the proposed works to which the declaration relate—

(a) are reasonably necessary for, and proportionate and appropriate to, the objective of enabling a residential use of a protected structure, or proposed protected structure, while protecting the structure, and

(b) do not—

(i) materially affect the character of the exterior of the structure, or

(ii) divide the structure into more than one dwelling,

it shall make a declaration to the effect that the works do not materially affect the character of the structure or of any element of that structure, as the case may be.

(7) A planning authority may at any time after issuing a declaration revise the declaration, but the revision shall not affect any works carried out in reliance on the declaration prior to the revision.

(8) (a) A person (in this subsection referred to as the “appellant”) to whom a declaration has been forwarded in accordance with subsection (3) may, not later than 4 weeks from the date of the declaration and on payment to the Commission of such fee as may be determined under section 381, appeal the declaration to the Commission (in this subsection referred to as an “appeal”).

(b) An appellant may withdraw an appeal under this subsection before the appeal is determined by the Commission.

(c) Subject to paragraphs (d), (e), (f), (g) and (h), this section shall apply to the Commission in relation to an appeal as it applies to a planning authority in relation to a request under subsection (1), and for the purposes of such appeal—

(i) references in that subsection to a request under that subsection shall be construed as references to an appeal,

(ii) references in this section to a person who made such a request shall be construed as references to the appellant, and

(iii) references in this section to the planning authority shall be construed as references to the Commission,

and a declaration of the Commission, or a decision of the Commission under subsection (3) that it does not have sufficient information to make a declaration under this section, in relation to an appeal shall operate to annul the declaration of the planning authority from which the appeal was brought.

(d) For the purposes of the performance of its functions under this section in relation to an appeal, the Commission may, by notice in writing, require the appellant to provide it with such information and documentation as is specified in the notice within such period (which shall not be later than 2 weeks from the date of the service of the notice) as is so specified.

(e) Notwithstanding the failure of the appellant to comply with a requirement in a notice under paragraph (d), the Commission may make a declaration in relation to an appeal where it is satisfied that it has sufficient information in relation to the matter to enable it to do so.

(f) For the purposes of the performance of its functions under this section in relation to an appeal, the Commission may, by notice in writing, request a person (other than the person who made the request under subsection (1)) to provide it with such information and documentation as is specified in the notice not later than 2 weeks from the date of the notice.

(g) Notwithstanding the failure of a person to whom a notice has been given under paragraph (f) to accede to the request in the notice, the Commission may determine an appeal where it is satisfied that it has sufficient information in relation to the matter to enable it to do so.

(h) The Commission shall determine an appeal under this subsection within the period specified under section 361.

(9) Such particulars as the Minister may prescribe, in relation to each declaration made by a planning authority under this section, including a declaration as revised under subsection (7), and each decision by the Commission on appeal, shall be entered in the register.

(10) A planning authority shall make available a copy of the request made under subsection (1) and the particulars of any declaration issued by the authority and by the Commission on appeal in electronic form, including by placing a copy on the planning authority’s website.

(11) The Commission shall keep a record of any decision it makes under subsection (8), and the reasons for its decision, and shall make the record available in electronic form, including by placing a copy on the Commission’s website.

(12) A declaration under this section is without prejudice to the application of section 10.

(13) For the purposes of this section, the Minister may prescribe any one or more of the following:

(a) the form of a declaration;

(b) the form of request for a declaration;

(c) the manner in which a declaration shall be requested, including the information or matters that shall accompany such a request.

(14) A declaration under section 57 of the Act of 2000 made before its repeal by section 6 shall have effect on and after such repeal as if made under this section.

(15) Notwithstanding the repeal of section 57 of the Act of 2000 effected by section 6, the Act of 2000 shall, subject to Part 17, continue to apply and have effect in relation to a request or appeal under that section made before that repeal.

(16) In this section “relevant person”, in relation to a protected structure or proposed protected structure, means a person other than an owner or occupier of the structure who—

(a) carries out or proposes to carry out an act or operation on the structure, or

(b) makes or proposes to make a change in use of the structure,

with the consent of the owner of the structure.

311. Duty of owners and occupiers to protect structures from endangerment

311. (1) Subject to subsections (2) and (3), each owner and occupier of a protected structure or proposed protected structure shall take all reasonable steps to ensure that the structure is not endangered.

(2) Subsection (1) applies to a proposed protected structure from the time the owner or occupier of the structure is notified, under paragraph (a) of subsection (4) of section 55, section 308 or section 309, of a recommendation or proposal to add the structure to the record of protected structures.

(3) Neither of the following shall constitute endangerment of a structure for the purposes of this section:

(a) development in respect of which permission has been granted;

(b) development consisting only of works in relation to which a declaration under section 310 is in force.

(4) A person who, without lawful authority, endangers a protected structure or a proposed protected structure shall be guilty of an offence, unless the endangerment resulted from works that were—

(a) urgently required in order to avoid further or other endangerment of the structure or any part of it,

(b) undertaken in good faith solely for the purpose of temporarily safeguarding the structure, and

312. Notice to require works to be carried out in relation to endangerment of protected structures and proposed protected structures

312. (1) Where, in the opinion of a planning authority, it is necessary to do so in order to prevent a protected structure, proposed protected structure or any part of such a structure situated within its functional area from becoming or continuing to be endangered, the authority shall serve on each person who is the owner or occupier of the structure a notice—

(a) specifying the works the planning authority considers necessary in order to prevent the structure from becoming or continuing to be endangered, and

(b) requiring the person on whom the notice is served to carry out those works within a specified period of not less than 8 weeks from the date the notice comes into effect.

(2) After serving notice under subsection (1) on a person, a planning authority may assist the person in carrying out the works required under the notice in such form as it considers appropriate, including providing advice, financial aid, materials, equipment or the services of the authority’s staff.

(3) Any person on whom a notice under subsection (1) has been served may, no later than 4 weeks from the date of service of the notice, make a written representation to the planning authority concerning—

(a) the terms of the notice,

(b) the provision of assistance under subsection (2), and

(4) The planning authority shall, no later than 4 weeks from the date on which the period referred to in subsection (3) ends, confirm, modify or revoke the notice and shall notify the persons who made representations under subsection (3) of its decision.

(5) Particulars of a notice served under subsection (1) and of a decision made under subsection (4) shall be entered in the register.

313. Notice to require works to be carried out in relation to endangerment of protected structures and proposed protected structures in cases of urgency

313. (1) Notwithstanding section 312, where, in the opinion of a planning authority, there is an immediate danger to a protected structure, a proposed protected structure, any element of a protected structure or proposed protected structure, or to the special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value of a protected structure or proposed protected structure, the planning authority may serve a notice on the owner or occupier specifying works or other steps that it considers to be reasonable and necessary to address the immediate danger to be undertaken by the owner or occupier.

(2) Where the planning authority cannot identify the owner or occupier of a protected structure or proposed protected structure, and the planning authority is satisfied that urgent works are required to address an immediate danger to the structure or to a structure’s special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value, the planning authority may take such steps as it considers reasonable and necessary to address the immediate danger, including—

(a) entry on land by authorised persons in accordance with section 394, and

(b) carrying out, or arranging for the carrying out, of the works that it considers to be reasonable and necessary to address the immediate danger.

(3) A notice under this section takes effect upon service.

314. Notice to require restoration of character of protected structures and structures in architectural conservation areas

314. (1) A planning authority may serve a notice on each person who is the owner or occupier of a structure situated within its functional area, if—

(a) the structure is a protected structure and, in the opinion of the planning authority, it is necessary, in order to preserve the character of the structure or of any of its elements, that specified works be carried out in relation to it, or

(b) the structure is in an architectural conservation area and, in the opinion of the planning authority, it is necessary, in order to preserve the character of the architectural conservation area, that specified works be carried out in relation to the structure.

(2) A notice under subsection (1) shall—

(a) specify the works required to be carried out to the structure,

(b) state that the person on whom the notice is served may, within a specified period of not less than 8 weeks from the date of the service of the notice, make written representations to the planning authority concerning the notice,

(c) invite that person to enter into discussions with the planning authority, within a specified period of not less than 8 weeks from the date of the service of the notice, concerning the notice and in particular concerning—

(i) the provision by the planning authority of advice, materials, equipment, the services of the authority’s staff or other assistance in carrying out the works specified in the notice, and

(ii) the period within which the works are to be carried out,

(d) specify a period of not less than 8 weeks from the end of the period specified under paragraph (c) within which, unless otherwise agreed in the discussions under that paragraph, the works shall be carried out, and

(e) state that the planning authority may pay any expenses reasonably incurred by a person on whom the notice is served in carrying out the works, in accordance with the notice, other than expenses that relate to an unauthorised development that could be restrained by any court.

(3) In deciding whether to serve a notice under this section, a planning authority shall have regard to any national planning statement and any recommendations made under section 308.

(4) If the invitation under paragraph (c) of subsection (2) to enter into discussions is accepted, the planning authority shall, as far as practicable, facilitate the holding of those discussions.

(5) After considering any representations made under paragraph (b) of subsection (2) and any discussions entered into under subsection (4), the planning authority may confirm, modify or revoke the notice under subsection (1) and shall notify the person who made the representations, or entered into the discussions, of its decision within 4 weeks of the later of—

(a) the end of the period specified in the notice under paragraph (b) of subsection (2), or

(b) the conclusion of any discussions entered into under subsection (4).

(6) Particulars of a notice served under subsection (2) and of a decision made under subsection (5) shall be entered in the register.

315. Appeals against notices

315. (1) A person—

(a) on whom a notice is served under subsection (1) of section 312, and

(b) who made representations relevant to that notice in accordance with subsection (3) of that section,

may, no later than 4 weeks from the date on which a planning authority makes a decision in relation to the notice under subsection (1) of section 312, appeal the notice to the District Court, on any number of the following grounds:

(i) that the person is not the owner or occupier of the structure in respect of which the notice was served;

(ii) that the time given to the person to comply with the notice is unreasonably short;

(iii) where the person’s representations under subsection (3) of section 312 include a statement that he or she did not have the means to pay the expenses that would be required to comply with the notice, that compliance with the notice would involve unreasonable expense to the person;

(iv) that the person has, at the time the appeal is lodged, taken all reasonable steps to prevent the structure to which the notice relates from becoming, or continuing to be, endangered.

(2) A person on whom a notice is served under subsection (1) of section 313 may, no later than 4 weeks from the date of the notice, appeal the notice to the District Court, on any number of the following grounds:

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

(b) that the time given to the person to comply with the notice is unreasonably short.

(3) A person—

(a) on whom a notice is served under subsection (1) of section 314, and

(b) who made representations in accordance with the notice, or entered into discussions under subsection (4) of section 314,

may, no later than 4 weeks from the date on which a planning authority notifies the person of its decision in relation to the notice under subsection (5) of section 314, appeal the notice to the District Court, on any number of the following grounds:

(i) that the person is not the owner or occupier of the structure in respect of which the notice was served;

(ii) that the time given to the person to comply with the notice is unreasonably short;

(iii) that the person has, at the time the appeal is lodged, taken all reasonable steps to—

(I) in the case of a notice under paragraph (a) of subsection (1) of section 314, as confirmed or modified under subsection (5) of that section, preserve the character of the structure or the element, or

(II) in the case of a notice under paragraph (b) of subsection (1) of section 314, as confirmed or modified under subsection (5) of that section, assist in preserving the character of the architectural conservation area.

(4) The Court may, upon application or of its own motion, and where it considers that the circumstances of the case require, extend the period specified in subsection (1), (2) or (3) within which an appeal may be made under those subsections.

(5) A person shall, when appealing under subsection (1), (2) or (3), notify the planning authority that issued the notice of the appeal, and the planning authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(6) On the hearing of the appeal, the District Court may make an order—

(a) confirming the notice to which the appeal relates,

(b) confirming the notice to which the appeal relates subject to such modifications or additions as the Court considers reasonable, or

(7) Where the notice is confirmed subject to modifications or additions under paragraph (b) of subsection (6), the notice shall have effect subject to the modifications or additions specified in the order.

(8) Particulars of an order made under subsection (6) shall be entered in the register.

316. Effective date of notices

316. A notice under subsection (1) or (4) of section 312, or subsection (1) or (5) of section 314, shall come into effect on the day that is 4 weeks from the date of service of the notice, subject to the following exceptions:

(a) if representations are made in relation to a notice under subsection (1) of section 312, in accordance with subsection (3) of that section, and no appeal is taken against the notice within the period referred to in subsection (1) of section 315, the notice shall come into effect on the day after the expiry of that period;

(b) if representations are made or discussions are entered into concerning a notice under subsection (1) of section 314, in accordance with the notice, and no appeal is taken against the notice within the period referred to in subsection (3) of section 315, the notice shall come into effect on the day after the expiry of that period;

(c) if the District Court makes an order confirming a notice under section 315, the notice has effect on the date on which the decision of the District Court is pronounced, or the date on which that order is expressed to take effect, whichever is later;

(d) if the District Court makes an order under subsection (3) of section 319, the notice has effect on the date on which the decision of the Court is pronounced, or such later date as the District Court may specify when pronouncing the decision.

317. Offence relating to endangerment of protected structures or proposed protected structures

317. (1) A person shall be guilty of an offence where he or she fails to comply with—

(a) a notice served on him or her under section 313, or

(b) an order under subsection (3).

(2) In any proceedings for an offence under this section, it shall be a defence for the defendant to show that—

(a) the notice did not comply with the requirements of section 313, or

(b) he or she took all reasonable steps to secure compliance with the notice served under section 313.

(3) Where—

(a) a person is convicted of an offence under subsection (1),

(b) a person is acquitted on foot of a defence under paragraph (b) of subsection (2), or

(c) in proceedings for an offence under subsection (1), the Court makes an order under subsection (1) of section 1 of the Probation of Offenders Act 1907 in relation to a person,

the Court may order the person to take all or any of the steps or measures specified in the notice served under section 313 within such period as the court shall direct.

(4) Where paragraph (a) of subsection (3) applies, the power of the court to make an order under that subsection is without prejudice to, and in addition to, its power to impose a penalty in respect of the offence.

318. Owners’ powers in relation to notices concerning endangerment or restoration of structures

318. (1) Subject to subsection (2), a person who is the owner of a structure in respect of which a notice under section 312, 313 or 314 has been served, or the owner of the land on which such a structure is located, and the servants or agents of any such owner, may enter that land or structure for the purpose of carrying out the works required under the notice.

(2) In entering land under subsection (1), an owner shall ensure that—

(a) reasonable steps are taken to minimise the disruption caused by such entry to any occupier of the land, and

(b) such entry is effected at a reasonable time having regard to the use of the land or structure.

319. (1) Without prejudice to section 318, a person served with a notice under section 312, 313 or 314 may apply to the District Court for an order under subsection (3) if—

(a) that person is unable, without the consent of another person, to carry out the works required under the notice, and

(b) the other person—

(i) withholds consent to the carrying out of those works, or

(ii) cannot be identified or found.

(2) An application under subsection (1)—

(a) in the case of a person referred to in subparagraph (i) of paragraph (b) of subsection (1), shall be made on notice to the person, and

(b) in the case of a person referred to in subparagraph (ii) of paragraph (b) of subsection (1), shall be made after affixing notice of the applicant’s intention to make such an application in a conspicuous place on the structure concerned.

(3) If, on hearing an application under subsection (1), the District Court determines that—

(a) the consent of a person referred to in subparagraph (i) of paragraph (b) of subsection (1), has been unreasonably withheld, or

(b) that it would have been unreasonable for a person referred to in subparagraph (ii) of paragraph (b) of subsection (1) to refuse consent if the person had been identified or found,

it may, at its discretion, make an order that the person making the application shall be entitled to carry out the works required under the notice.

320. Jurisdiction of District Court

320. The jurisdiction conferred on the District Court—

(a) by section 315 in relation to an appeal against a notice, or

(b) by section 319 in relation to an application for an order deeming consent to have been given,

shall be exercised by a judge of that Court for the time being assigned to the District Court district in which the structure that is the subject of the appeal or application is situated.

321. Application to court for contribution to cost of carrying out works

321. (1) A person—

(a) who has been served with a notice under section 312 or 313 and who has carried out the works required under the notice, or

(b) from whom a planning authority recovers expenses under section 324,

may apply to a court of competent jurisdiction for an order directing that all, or such part as may be specified in the order, of the cost of those works be borne by another person (in this section referred to as the “second-mentioned person”) who has an interest in the structure concerned.

(2) An application under subsection (1) shall be on notice to each second-mentioned person.

(3) On the hearing of an application under subsection (1), the Court shall make such order as it considers appropriate, having regard to all the circumstances of the case.

322. Permission not required for any development required under this Chapter

322. Notwithstanding section 83, permission shall not be required in respect of a development required by a notice under section 312, 313 or 314, an order under subsection (6) of section 315 or an order under section 317.

323. Planning authority’s power to carry out works to protected structures, proposed protected structures and structures in architectural conservation areas

323. Where a person on whom a planning authority has served a notice under section 312, 313 or 314, or where a court order is made under section 315 or 317 in respect of such a notice, fails to comply with the notice or order, the planning authority may take such steps as it considers reasonable and necessary to give effect to the terms of the notice or order, including—

(a) entry on land by authorised persons in accordance with section 394, and

(b) the carrying out, or arranging the carrying out, by an authorised person of the works specified in the notice or order.

324. Recovery by planning authority of expenses for carrying out works on endangered structures

324. Where a planning authority serves a notice under section 312 or 313, or where a court order is made under section 315 or 317 in respect of such a notice, the planning authority may recover, from the owner or occupier of the structure to which the notice relates, any expenses reasonably incurred by the authority in exercising its powers under section 323, including any assistance provided under subsection (2) of section 312.

325. Acquisition of protected structures

325. This Part is without prejudice to the exercise of a planning authority’s powers under Part 13 or 14 in relation to land—

(a) on which a protected structure is located,

(b) that forms part of the attendant grounds of a protected structure, or

326. Use of protected structure acquired by planning authority

326. A planning authority shall, when selling, letting, transferring, exchanging or otherwise using for any purpose connected with its functions all or any part of a protected structure, have regard to its protected status.

327. Obligations of sanitary authorities in respect of protected structures and proposed protected structures

327. The Local Government (Sanitary Services) Act 1964 is amended—

(a) in subsection (1) of section 3, by the substitution of “A sanitary authority may, subject to section 3A,” for “A sanitary authority may,”, and

(b) by the insertion of the following section after section 3:

“3A. (1) Before issuing a notice under section 3(1), in respect of a protected structure or a proposed protected structure, a sanitary authority shall consider—

(a) the protected status of the structure, and

(b) whether, instead of a notice under section 3(1), a notice should be issued under section 312 of the Planning and Development Act 2024 or section 11 of the Derelict Sites Act 1990.

(2) As soon as practicable after serving or proposing to serve a notice in accordance with section 3(1), in respect of a protected structure or a proposed protected structure, a sanitary authority shall inform the Minister in writing of the particulars of the notice.

(3) A sanitary authority which carries out works on a protected structure, or a proposed protected structure, under section 3(2), shall as far as possible preserve that structure (and any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value), in as much as the preservation of that structure is not likely to cause a danger to any person or property.

(4) When carrying out works in accordance with section 3(2) on a protected structure or a proposed protected structure, a sanitary authority shall, as soon as practicable, inform the Minister of the works.

(5) In this section ‘Minister’, ‘proposed protected structure’, ‘protected structure’ and ‘structure’ have the meanings they have in the Planning and Development Act 2024.”.

328. Grants to planning authorities in respect of functions under this Part

328. The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, out of moneys provided by the Oireachtas, make grants to planning authorities in respect of any or all of their functions under this Part, including grants for the purpose of defraying all or part of the expenditure incurred by them in—

(a) assisting persons on whom notice is served under section 312, 313 or 314 in carrying out works in accordance with the notice, and

(b) assisting any other person in carrying out works to protected structures, proposed protected structures and structures within an architectural conservation area in accordance with such conditions as may be specified by a planning authority or the Minister for the receipt of such assistance.

329. Notices under sections 59 and 60 of Act of 2000

329. (1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.

(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.

Chapter 2

330. Definition

330. In this Chapter “draft special planning control scheme” has the meaning given to it by subsection (1) of section 335.

331. Architectural conservation areas

331. (1) Where a planning authority considers that—

(a) a place in its functional area—

(i) is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value, or

(ii) contributes to the appreciation of protected structures,

and

(b) it is necessary to do so for the preservation of the character of the place,

it shall, taking account of building lines and heights, include an objective in the development plan to preserve the character of the place.

(2) Where a development plan includes an objective referred to in subsection (1), any development plan that replaces the first-mentioned development plan shall, subject to any variation thereof under section 58, also include that objective.

(3) The Minister may prescribe particulars relating to an architectural conservation area that shall be included by a planning authority in the objective referred to in subsection (1).

332. Recommendations to planning authorities concerning architectural conservation areas

332. (1) The Minister may, in writing, make a recommendation (in this section referred to as a “recommendation”) to a planning authority concerning the addition to or deletion from its development plan of an architectural conservation area, an amendment to an architectural conservation area, or the inclusion of an objective in the development plan to preserve the character of an architectural conservation area.

(2) Where a recommendation is made to a planning authority under subsection (1), the planning authority shall cause notice of the recommendation to be published in one or more newspapers circulating in its functional area.

(3) Subject to subsection (9), a planning authority shall make a decision on whether to commence the variation process under section 58 in respect of the recommendation within 8 weeks of receiving it.

(4) A planning authority that decides, under subsection (3), to commence the variation process in respect of the recommendation shall do so as soon as practicable.

(5) A planning authority that decides, under subsection (3), not to commence the variation process shall inform the Minister in writing of its decision as soon as practicable after making it.

(6) Subject to subsection (9), where a planning authority fails to make a decision under subsection (3) within the period referred to in that subsection, the chief executive shall commence the variation process under subsection (4) of section 58 in respect of the recommendation as soon as practicable after the expiry of that period.

(7) The decision under subsection (3) shall be a reserved function.

(8) In making a decision under subsection (3), the planning authority shall consider—

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

(b) the likely effect (if any) of the decision under subsection (4) of section 9.

(9) Where—

(a) a recommendation is made to a planning authority at any time between the day that is one year from the day on which the planning authority publishes a notice of an intention to review a development plan under section 54 and the day on which a new development plan is made on foot of that notice under section 55, and

(b) the planning authority—

(i) decides, under subsection (3), not to commence the variation process under section 58 in respect of the recommendation, or

(ii) fails to make a decision under subsection (3) within the period referred to in that subsection,

the planning authority shall consider whether to include the matter to which the recommendation relates in the second-mentioned development plan.

333. Declaration on works affecting character of architectural conservation areas

333. (1) An owner or occupier of land situated in an architectural conservation area may make a written request to the planning authority, within whose functional area that architectural conservation area is situated, for a declaration (in this section referred to as a “declaration”) as to whether specified works identified in the request would materially affect the character of the area.

(2) (a) A request under subsection (1) shall be accompanied by all such information and documentation as is necessary to enable the planning authority to perform its functions under this section in relation to the request.

(b) For the purposes of the performance of its functions under this section, a planning authority may, by notice in writing, require a person who makes a request under subsection (1) to provide the planning authority with such further information and documentation as it specifies in the notice not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice.

(c) A planning authority may, for the purpose of the performance of its functions under this section, request a person (other than the person who made the request under subsection (1)) by notice in writing to provide the planning authority with such information and documentation as is specified in the notice not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice.

(3) Subject to subsection (5), a planning authority shall, not later than—

(a) 8 weeks from its receiving a request under subsection (1), or

(b) 3 weeks from the expiration of the period or periods specified in a notice or notices under paragraph (b) or (c) of subsection (2),

(i) to the person who made that request, and

(ii) where that person is not the owner or occupier of land to which the request relates, to such owner or occupier.

(4) Where a planning authority decides under subsection (3) that it does not have sufficient information to make a declaration under this section—

(a) it shall, by notice in writing, inform the person who made the request under subsection (1) of the decision, and

(b) the request shall be deemed to have been withdrawn on the date specified in that notice.

(5) Before issuing a declaration, a planning authority shall have regard to—

(a) any national planning statement relevant to the declaration sought, and

(b) any recommendations made to the authority under section 332.

(6) A planning authority may at any time after issuing a declaration revise the declaration, but the revision shall not affect any works carried out in reliance on the declaration prior to the revision.

(7) (a) A person (in this subsection referred to as the “appellant”) to whom a declaration has been forwarded in accordance with subsection (3) may, not later than 4 weeks from the date of the declaration and on payment to the Commission of such fee as may be determined under section 381, appeal the declaration to the Commission (in this subsection referred to as an “appeal”).

(b) An appellant may withdraw an appeal under this subsection before the appeal is determined by the Commission.

(i) references in that subsection to a request under that subsection shall be construed as references to an appeal,

(ii) references in this section to a person who made such a request shall be construed as references to the appellant, and

(iii) references in this section to the planning authority shall be construed as references to the Commission,

(h) The Commission shall determine an appeal under this subsection within the period specified under section 361.

(8) A planning authority shall make available a copy of the request made under subsection (1) and the particulars of any declaration issued by the authority, and by the Commission on appeal, in electronic form, including by placing a copy on the planning authority’s website.

(9) The Commission shall keep a record of any decision made by it on appeal under this section, and the reasons for its decision, and shall make both available in electronic form, including by placing a copy on the Commission’s website.

(10) A declaration under this section is without prejudice to the application of section 10.

(11) Such particulars as the Minister may prescribe, in relation to each declaration under this section, including a declaration as revised under subsection (6), and each decision by the Commission on appeal, shall be entered in the register.

(12) For the purposes of this section, the Minister may prescribe any one or more of the following:

(a) the form of a declaration;

(b) the form in which a person shall request a declaration;

(c) the process by which a declaration may be requested, including the information or matters that shall accompany such a request.

334. Acquisition within architectural conservation area

334. This Part is without prejudice to the exercise of a planning authority’s powers under Part 13 or 14 in relation to land within an architectural conservation area for the purposes of preserving the character of the architectural conservation area.

335. Special planning control scheme

335. (1) A planning authority may—

(a) where it considers that all or part of an architectural conservation area is of special importance to the civic life or the architectural, historical, cultural or social character of a city or town in which it is situated, and

(b) having considered the likely effect (if any) under subsection (4) of section 9 on proper planning and sustainable development in its functional area of doing so,

prepare a draft scheme (in this Chapter referred to as a “draft special planning control scheme”) in accordance with subsection (3) and section 336 setting out development objectives for the preservation and enhancement of that area, or part of that area.

(2) Without prejudice to the generality of subsection (1), a draft special planning control scheme may include any number of the following objectives:

(a) the promotion of a high standard of civic amenity and civic design;

(b) the preservation and protection of the environment, including architectural, archaeological and natural heritage;

(c) the renewal, preservation, conservation, restoration, development or redevelopment of a streetscape, layout or building pattern, including the co-ordination and upgrading of shop frontages;

(d) the control of the layout of areas, the density, building lines and height of structures and the treatment of spaces around and between structures;

(e) the control of the design, colour and materials of structures, in particular the type or quality of building materials used in structures;

(f) the promotion of the maintenance, repair or cleaning of structures;

(g) the promotion of an appropriate mix of uses of structures or other land;

(h) the control of any new or existing uses of structures or other land;

(i) the promotion of the development or redevelopment of derelict sites or vacant sites;

(j) the regulation, restriction or control of the erection of advertisement structures and the exhibition of advertisements.

(3) A draft special planning control scheme shall—

(a) be in writing,

(b) be consistent with the objectives of the relevant development plan, and any area plan made under this Act, or integrated area plan (within the meaning of the Urban Renewal Act 1998) in force relating to the area to which the scheme relates, and

(4) A draft special planning control scheme may indicate the order in which it is proposed that the objectives of the scheme or provisions connected with those objectives will be implemented.

(5) A draft special planning control scheme shall contain information, including information of such class or classes as may be prescribed by the Minister, on the likely significant effects on the environment of implementing the scheme.

336. Making of special planning control scheme

336. (1) A planning authority shall, as soon as practicable after the preparation of a draft special planning control scheme—

(a) notify the Minister, the Commission and such other persons as may be prescribed, of the preparation of the draft special planning control scheme,

(b) send copies of the draft special planning control scheme to the Minister, the Commission and such other persons as may be prescribed, and

(c) publish a notice of the preparation of the draft special planning control scheme in at least one newspaper circulating in its functional area.

(2) A notice under paragraphs (a) and (c) of subsection (1) shall—

(a) indicate the place or places at which, and the period (being not less than 8 weeks) during, and times at, which a copy of the draft special planning control scheme may be inspected (and the planning authority shall keep a copy of the draft scheme available for inspection accordingly), and

(b) invite submissions from any person or observations in relation to the draft scheme within such period (being not less than 8 weeks), and in such manner, as is specified in the notice.

(3) Where the draft special planning control scheme includes an objective or provision relating to one or more of the following—

(a) the co-ordination, upgrading or changing of specified shop frontages,

(b) the control of the layout of specified areas, the density, building lines or heights of specified structures,

(d) the control of the design, colour or materials of specified structures,

(e) the promotion of the maintenance, repair or cleaning of specified structures,

(f) the control of the use or uses of any specified structure or other land in the area,

(g) the discontinuance of the existing use of any specified structure or other land,

(h) the development or redevelopment of specified derelict or vacant sites, or

(i) the control of specified advertisement structures or of the exhibition of specified advertisements,

the planning authority shall, as soon as practicable after the preparation of a draft special planning control scheme, notify in writing each person who is the owner or occupier of land to which the draft scheme relates of the objective or provision concerned.

(4) A notice under subsection (3) shall refer to the land concerned and shall—

(a) specify the measures that are required to be undertaken in respect of the structure or other land to ensure compliance with the objective or provision referred to in subsection (3),

(b) indicate the place at which, and the period (being not less than 8 weeks) during, and times at, which a copy of the draft special planning control scheme may be inspected (and the planning authority shall keep a copy of the draft scheme available for inspection accordingly), and

(c) invite submissions in relation to the proposed objective or provision within such period (being not less than 8 weeks), and in such manner, as is specified in the notice.

(5) The chief executive of a planning authority shall, not later than 12 weeks from the later of—

(a) the date on which the notice under paragraph (c) of subsection (1) is published, or

(b) the date on which notification under subsection (3) is made or, where more than one such notification is made, the date on which the last of them is made,

prepare a report on any submissions received in relation to a draft special planning control scheme and shall submit the report to the members of the authority for their consideration.

(6) A report under subsection (5) shall—

(a) list the persons who made submissions in relation to the draft special planning control scheme,

(b) give a summary of the matters raised in those submissions, and

(7) In responding to submissions made in relation to a draft special planning control scheme, the chief executive of a planning authority shall take account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, any relevant policies or objectives of the Government or of any Minister of the Government, and any relevant national planning statement.

(8) A planning authority may, after considering a draft special planning control scheme, and the report of the chief executive under subsection (5), by resolution approve the draft special planning control scheme with or without modifications, or refuse to so approve, and a draft scheme so approved, including any such modifications, shall be known, and in this Act referred to, as a “special planning control scheme”.

(9) Where a planning authority approves a special planning control scheme under subsection (8), it shall—

(a) make the scheme available—

(i) for inspection and purchase during office hours of the planning authority, and

(ii) in electronic form, including by placing a copy on the planning authority’s website,

(b) publish a notice of the making of the scheme in at least one newspaper circulating in its functional area indicating the place or places at which, and times during which, a special planning control scheme may be inspected in accordance with paragraph (a), and

(c) send a copy of the special planning control scheme to the Minister, the Commission and such other persons as may be prescribed.

337. Modification, revocation and extension of special planning control scheme

337. (1) A planning authority shall review a special planning control scheme as circumstances require and in any case not later than 10 years from the later of—

(a) the date on which the special planning control scheme is approved under subsection (8) of section 336, or

(b) the date on which the special planning control scheme has most recently been modified, extended or reviewed under this section,

and after such review may, by resolution, propose to modify or revoke the scheme, or to extend the scheme for up to 10 years (and a proposal adopted by such resolution is referred to in this section as a “proposal”).

(2) A planning authority shall, as soon as practicable after the making of a proposal—

(a) notify the Minister, the Commission and such other persons as may be prescribed, of the proposal,

(b) send copies of the proposal to the Minister, the Commission and such other persons as may be prescribed, and

(3) A notice under paragraphs (a) and (c) of subsection (2) shall—

(a) indicate the place or places at which, and the period (being not less than 8 weeks) during, and times at, which a copy of the proposal may be inspected (and the planning authority shall keep a copy of the proposal available for inspection accordingly), and

(b) invite submissions or observations from any person in relation to the proposal within such period (being not less than 8 weeks), and in such manner, as is specified in the notice.

(4) Where the proposal includes an objective or provision relating to at least one of the matters referred to in paragraphs (a) to (i) of subsection (3) of section 336, the planning authority shall, as soon as may be after making the proposal, notify in writing each person who is the owner or occupier of land to which the proposal relates.

(5) A notice under subsection (4) shall refer to the land concerned and shall—

(a) specify the measures that are required to be undertaken in respect of the structure or other land to ensure compliance with the objective or provision referred to in subsection (4),

(b) indicate the place at which, and the period (being not less than 8 weeks) during, and times at, which a copy of the proposal may be inspected (and the planning authority shall keep a copy of the draft scheme available for inspection accordingly), and

(c) invite submissions in relation to the proposal within such period (being not less than 8 weeks), and in such manner, as is specified in the notice.

(6) The chief executive of a planning authority shall, not later than 12 weeks from the later of—

(a) the date on which the notice under paragraph (c) of subsection (2) is published, or

(b) the date on which notification under subsection (4) is made or, where more than one such notification is made, the date on which the last of them is made,

prepare a report on any submissions received in relation to a proposal and shall submit the report to the members of the authority for their consideration.

(7) A report under subsection (6) shall—

(a) list the persons who made submissions in relation to the proposal,

(b) give a summary of the matters raised in those submissions, and

(8) In responding to submissions made in relation to a proposal, the chief executive of a planning authority shall take account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, any relevant policies or objectives of the Government or of any Minister of the Government, and any relevant national planning statement.

(9) A planning authority may, after considering a proposal, and the report of the chief executive under subsection (6), by resolution—

(a) approve the proposal with or without modifications, or

(b) refuse to so approve,

and any modification, revocation or extension of a special planning control scheme set out in the proposal so approved shall be deemed to be part of the special planning control scheme.

(10) Where a planning authority approves a proposal under subsection (9), it shall—

(a) make the proposal available—

(i) for inspection and purchase during office hours of the planning authority, and

(ii) in electronic form, including by placing a copy on the planning authority’s website,

(b) publish a notice of the adoption of the proposal in at least one newspaper circulating in its functional area indicating the place or places at which, and times during which, the proposal may be inspected in accordance with paragraph (a), and

(11) The modification, revocation or extension of a special planning control scheme shall be without prejudice to the validity of anything previously done thereunder.

338. Declaration on development affecting area of special planning control

338. (1) An owner or occupier of land situated in an area of special planning control may make a written request to the planning authority within whose functional area the area of special planning control is situated for a declaration (in this section referred to as a “declaration”) as to one or more of the following:

(a) those developments or classes of development that the planning authority considers would be contrary or would not be contrary, as the case may be, to the special planning control scheme concerned;

(b) the objectives or provisions of the special planning control scheme that apply to the land;

(c) the measures that the person carrying out any such development will be required to undertake in respect of the land to ensure compliance with such objectives or provisions.

(c) A planning authority may, for the purpose of the performance of its functions under this section, request a person (other than the person who made the request under subsection (1)) by notice in writing to provide the planning authority with such information and documentation as is specified in the notice not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice.

(3) Subject to subsection (5), a planning authority shall, not later than—

(a) 8 weeks from its receiving a request under subsection (1), or

(b) 3 weeks from the expiration of the period or periods specified in a notice or notices under paragraph (b) or (c) of subsection (2),

(i) to the person who made that request, and

(ii) where that person is not the owner or occupier of land to which the request relates, to such owner or occupier.

(4) Where a planning authority decides under subsection (3) that it does not have sufficient information to make a declaration under this section—

(a) it shall, by notice in writing, inform the person who made the request under subsection (1) of the decision, and

(b) the request shall be deemed to have been withdrawn on the date specified in that notice.

(5) Before issuing a declaration, a planning authority shall have regard to any national planning statement relevant to the declaration sought.

(b) An appellant may withdraw an appeal under this subsection before the appeal is determined by the Commission.

(i) references in that subsection to a request under that subsection shall be construed as references to an appeal,

(ii) references in this section to a person who made such a request shall be construed as references to the appellant, and

(iii) references in this section to the planning authority shall be construed as references to the Commission,

(h) The Commission shall determine an appeal under this subsection within the period specified under section 361.

(8) A planning authority may at any time revise a declaration, but the revision shall not affect any works carried out in reliance on the declaration prior to the revision.

(9) Such particulars as the Minister may prescribe, in relation to each declaration made by a planning authority under this section, including a declaration as revised under subsection (6), and each decision by the Commission on appeal, shall be entered in the register.

(10) A planning authority shall make available a copy of the request made under subsection (1), and the particulars of any declaration issued by the authority or decision by the Commission on appeal in electronic form, including by placing a copy of a declaration on the planning authority’s website.

(11) The Commission shall keep a record of any declaration made by it on appeal under this section and the reasons for its decision and shall make it available in electronic form, including by placing a copy of the declaration on the Commission’s website.

(12) A declaration under this section is without prejudice to the application of section 10.

(13) For the purposes of this section, the Minister may prescribe any one or more of the following:

(a) the form of a declaration;

(b) the form of request for a declaration;

(c) the manner in which a declaration may be requested, including the information or matters that shall accompany such a request.

339. Notice relating to structures or other land in area of special planning control

339. (1) A planning authority may serve a notice that complies with subsection (2) on each person who is the owner or occupier of—

(a) land to which an objective or provision of special planning control scheme applies, or

(b) a structure on such land.

(2) A notice under subsection (1) shall—

(a) refer to the structure or land concerned,

(b) state that the notice shall have effect in accordance with subsection (8),

(c) specify the measures required to be undertaken on the coming into force of the notice including, as appropriate, measures for—

(i) the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning of any structure or land, or

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

(d) state that the person on whom the notice is served may, within a specified period of not less than 8 weeks from the date of service of the notice, make written representations to the planning authority concerning the notice,

(e) invite that person to enter into discussions with the planning authority, within a specified period of not less than 8 weeks from the date of service of the notice, concerning the notice and in particular concerning—

(i) the period within which the measures specified in the notice are to be carried out,

(ii) the provision by the planning authority of advice, materials, equipment, the services of the authority’s staff or other assistance required to carry out the measures specified in the notice, and

(iii) any other matter to which the notice refers as the planning authority may specify,

(f) specify a period of not less than 8 weeks from the end of the period specified under paragraph (e) within which, unless otherwise agreed in the discussions under that paragraph, the works shall be carried out,

(g) state that the planning authority shall pay any expenses that are reasonably incurred by the person on whom the notice is served in carrying out the steps specified in the notice, other than expenses that relate to an unauthorised development which could be restrained by any court, and

(h) state that the planning authority shall, by way of compensation, pay, to any person who shows that as a result of complying with the notice—

(i) the value of an interest he or she has in the land or part thereof existing at the time of the notice has been reduced, or

(ii) he or she, having an interest in the land at that time, has suffered damage by being disturbed in his or her enjoyment of the structure or other land,

a sum equal to the amount of such reduction in value or a sum in respect of the damage suffered.

(3) If the invitation in a notice in accordance with paragraph (e) of subsection (2) to enter into discussions is accepted, the planning authority shall as far as practicable facilitate the holding of those discussions.

(4) After considering any representations made under paragraph (d) of subsection (2) and any discussions held under subsection (3), the planning authority may confirm, modify or revoke the notice and shall notify the person who made the representation of its decision within 6 weeks of receipt of the representation and the occurrence of such discussions, as appropriate.

(5) Any person served with a notice under subsection (1) may, within 8 weeks from the date of notification of the confirmation or modification of the notice under subsection (4), appeal to the Commission against the notice.

(6) Where an appeal is brought under subsection (5) against a notice, the Commission may, after taking into account—

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

(b) the development plan,

(d) the coordinated area plan for the area in question,

(e) any integrated area plan (within the meaning of the Urban Renewal Act 1998) in force relating to the area to which the scheme relates, and

(f) the provisions of the special planning control scheme concerned,

confirm, with or without modification, or annul the notice.

(7) A notice served by a planning authority under subsection (1) may, for stated reasons, be withdrawn by notice and the notice under subsection (1) shall cease to have effect on and from the date on which the notice of withdrawal under this section is served.

(8) A notice under subsection (1) shall not come into force until the later of—

(a) where no appeal is taken against the notice, the expiry of any period within which an appeal against the notice may be brought under subsection (5), or

(b) where an appeal is taken against the notice, the date on which the appeal is withdrawn or decided.

(9) The following shall be entered in the register:

(a) particulars of a notice under subsection (1);

(b) particulars of the confirmation (with or without modifications) or revocation of a notice under subsection (4);

(d) particulars of the confirmation (with or without modifications) or annulment of a notice under subsection (6);

(e) particulars of the withdrawal of a notice under subsection (7).

(10) A notice under section 88 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall continue in force on and after such repeal and be deemed to be a notice served under this section.

340. Implementation of notice under section 339

340. (1) If, within 8 weeks from the date of the coming into force of a notice under section 339, or such longer period as may be agreed by the planning authority and the person to whom the notice is addressed, any measure specified in a notice under paragraph (c) of subsection (2) of section 339 has not been carried out to the satisfaction of the planning authority, the planning authority, or a person lawfully authorised by a planning authority to do so, may, subject to section 394 and subsection (2), enter the structure or land for the purpose of the measure.

(2) A person entering land under subsection (1) shall ensure that—

(a) reasonable steps are taken to minimise the disruption caused by such entry to any occupier of the land, and

(b) such entry is effected at a reasonable time having regard to the use of the land or structure.

341. Court may compel compliance with notice under section 339

341. (1) Where a person served with a notice under section 339 fails to comply with a requirement of the notice, or causes or permits a person to fail to comply with such a requirement, the High Court or the Circuit Court may, on the application of the planning authority, order any person to comply with the notice or to do, refrain from doing or cease doing anything that the court considers necessary or expedient to ensure compliance with the terms of the notice, including requiring such person as the court may order to carry out any works, including the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning of any structure or other feature referred to in the notice, or the discontinuance of any use, or continuance thereof subject to such conditions as are specified in the order.

(2) (a) An application to the High Court or the Circuit Court for an order under subsection (1) shall be by motion and the Court when considering the matter may make such interim or interlocutory order, if any, as it considers appropriate.

(b) The order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(3) (a) An application under subsection (1) to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land the subject of the application is situated.

(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the market value of the land referred to in the notice the subject of the application does not exceed €3,000,000.

(c) Where the market value of any land referred to in the notice the subject of the application under this section exceeds €3,000,000, the Circuit Court shall, if an application is made to it in that behalf by any party to the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer is ordered shall be valid unless discharged or varied by order of the High Court.

(4) The court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order a person who is the subject of an order under this section to pay to the planning authority the costs and expenses of the action.

(5) Costs or expenses to be paid to the planning authority under subsection (4) shall include any such costs or expenses reasonably incurred by the planning authority in relation to the investigation of the matter the subject of the proceedings, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.

(6) An order made under subsection (4) may contain such terms and conditions as to the payment of such costs and expenses as the court considers appropriate.

(7) Where an application under this section is commenced in the High Court in circumstances where the Circuit Court would have had jurisdiction to hear and determine the application if it was commenced in the Circuit Court, and an order is made in favour of the planning authority (either by the High Court or by the Circuit Court following a remittal of the application)—

(a) the planning authority shall not be entitled to recover more costs than it would have been entitled to recover if the proceedings had been commenced and determined in the Circuit Court, and

(b) the court may, if it considers it appropriate to do so, make an order for the payment to the respondent in the proceedings by the planning authority of an amount not exceeding whichever of the following the court considers appropriate:

(i) the amount, measured by the judge, of the additional costs as between party and party incurred in the proceedings by the respondent by reason of the fact that the proceedings were not commenced and determined in the Circuit Court;

(ii) an amount equal to the difference between—

(I) the amount of the costs as between party and party incurred in the proceedings by the respondent as measured by the Legal Costs Adjudicators of the High Court or, if the proceedings were heard and determined in the Circuit Court, the appropriate county registrar, and

(II) the amount of the costs as between party and party incurred in the proceedings by the respondent as measured by the Legal Costs Adjudicators of the High Court or, if the proceedings were heard and determined in the Circuit Court, the appropriate county registrar on a scale that he considers would have been appropriate if the proceedings had been heard and determined in the Circuit Court.

(8) A planning authority that has been awarded costs under subsection (5) of this subsection may, without prejudice to its right to recover the costs from the person against whom they were awarded, set off the whole or part thereof against any costs in the proceedings concerned awarded to the latter person against the planning authority.

342. Offence to fail to comply with notice under section 339

342. (1) A person shall be guilty of an offence where he or she—

(a) fails to comply with a notice served on him or her under section 339,

(b) fails to comply with an order under subsection (3), or

(2) In any proceedings for an offence under this section, it shall be a defence for the defendant to show that—

(a) the notice did not comply with the requirements of section 339, or

(b) he or she took all reasonable steps to secure compliance with the notice served under section 339.

(3) Where a person—

(a) is convicted of an offence under subsection (1),

(b) is acquitted of an offence under subsection (1) on foot of a defence under paragraph (b) of subsection (2), or

(c) in proceedings for an offence under subsection (1), the court makes an order under subsection (1) of section 1 of the Probation of Offenders Act 1907 in relation to the defendant,

the court may order the person to take all or any of the measures specified in the notice under section 339 within such period as the court shall direct.

343. Permission not required for any development required under this Chapter

343. Notwithstanding section 83, permission shall not be required in respect of a development required by a notice under section 339 or an order under section 341 or 342.

344. Scheme under section 85 of Act of 2000

344. A scheme approved under section 85 of the Act of 2000 in operation immediately before the repeal of that section by section 6, shall—

(a) continue to apply and have effect on and after such repeal, and

(b) be deemed to be a special planning control scheme,

and accordingly references in this Act to area of special planning control shall be construed as including an architectural conservation area, or part of an architectural conservation area, to which that scheme applies.

345. Draft scheme under section 84 of Act of 2000

345. A scheme prepared under section 84 of the Act of 2000 in respect of which there has been compliance with any one or more of the provisions of section 85 (other than subsection (7)) of that Act before the repeal of those sections by section 6 shall be deemed to be a draft special planning control scheme within the meaning of Chapter 2 of Part 10.

PART 11 Enforcement

346. Definitions

346. In this Part—

“enforcement action” means—

(a) the service of an enforcement notice in accordance with section 350, or

(b) the making of an application for a planning injunction in accordance with section 351;

“enforcement area” means—

(a) in relation to a coastal planning authority, its functional area,

(b) in relation to any other planning authority, its functional area,

(c) in relation to a regional enforcement authority, the designated region for the purposes of section 356 as respects that regional enforcement authority, and

(d) in relation to the Maritime Area Regulatory Authority—

(i) the maritime area, and

(ii) any part of the functional area of a coastal planning authority to which an agreement under subsection (10) of section 348 applies made by the Maritime Area Regulatory Authority with the coastal planning authority;

“enforcement authority” means—

(a) a planning authority,

(b) a regional enforcement authority, or

“planning complaint” means a complaint in writing to an enforcement authority that—

(a) unauthorised development is, or is believed to be, being carried out,

(b) unauthorised development has, or is believed to have, been carried out, or

within the enforcement area of that enforcement authority;

“planning injunction” has the meaning assigned to it by section 351;

“regional enforcement authority” has the meaning assigned to it by section 356;

“urgent enforcement notice” has the meaning assigned to it by paragraph (b) of subsection (4) of section 348.

347. Offence

347. A person who carries out unauthorised development shall be guilty of an offence.

348. Functions of enforcement authority

348. (1) Where unauthorised development has been, is being, or is likely to be, carried out or continued, an enforcement authority may do one or more than one of the following:

(a) subject to subsection (3), serve an enforcement notice;

(b) apply to the court for a planning injunction; or

(2) Where an enforcement authority considers that, in relation to land or a maritime site within its enforcement area, there is reason to believe that unauthorised development has been, is being, or is likely to be, carried out or continued, the enforcement authority may, subject to subsection (3), do one or both of the following:

(a) carry out any investigations or make any inquiries that it considers appropriate;

(b) serve a warning letter.

(3) (a) Where a planning complaint is made to an enforcement authority in relation to land or a maritime site within its enforcement area, the enforcement authority shall investigate the matter.

(b) Where a planning complaint is made to an enforcement authority in relation to land or a maritime site within its enforcement area, the enforcement authority shall, as soon as may be (and, as an objective, within 6 weeks after receipt of the planning complaint), serve a warning letter in relation to the development or proposed development concerned, unless—

(i) in accordance with paragraph (b) of subsection (4), the enforcement authority serves an urgent enforcement notice in respect of the development or proposed development to which the planning complaint concerned relates,

(ii) the enforcement authority—

(I) makes an application for a planning injunction, or

(II) brings proceedings for an offence under section 347,

in respect of the development or proposed development to which the planning complaint concerned relates, or

(iii) the enforcement authority considers that—

(I) the development or proposed development to which the planning complaint concerned relates is of a trivial or minor nature, or

(II) the complaint is vexatious, frivolous or without substance or foundation.

(4) (a) Subject to paragraph (b), an enforcement authority shall not serve an enforcement notice in relation to development or proposed development without first serving a warning letter in relation to that development or proposed development.

(b) An enforcement authority may serve an enforcement notice (in this Part referred to as an “urgent enforcement notice”) without first serving a warning letter if it considers that, due to the nature of the development or proposed development concerned or any other material considerations, an urgent need to serve such notice exists.

(5) An enforcement authority shall, not later than 2 weeks after the making of a decision not to serve a warning letter in accordance with this Part, notify in writing the person who made the complaint of the decision.

(6) Subject to subsection (7) and without prejudice to the power of an enforcement authority to bring and prosecute proceedings for an offence under section 347, an enforcement authority—

(a) having carried out such investigations as it considers appropriate, and

(b) having taken into consideration—

(i) any planning complaint,

(ii) any submissions or observations received in response to a warning letter within the period referred to in paragraph (b) of subsection (2) of section 349,

(iii) any declaration under section 10, and

(iv) any relevant grant of permission,

shall, as soon as practicable thereafter and if of the opinion that an unauthorised development has been, is being or is likely to be carried out or continued, do one or both of the following:

(I) subject to subsection (4), serve an enforcement notice in accordance with section 350 in relation to the development or proposed development concerned;

(II) make an application for a planning injunction in accordance with section 351 in relation to the development or proposed development concerned.

(7) An enforcement authority may decide not to take enforcement action where the enforcement authority considers that—

(a) the development or proposed development concerned is of a trivial or minor nature,

(b) enforcement action is not warranted having regard to any grant of permission made in relation to the development concerned, or

(d) there are other compelling reasons for not taking enforcement action.

(8) A decision of an enforcement authority under subsection (7) and the reasons therefor shall be notified in writing to—

(a) all persons served with a warning letter in relation to the development or proposed development concerned, and

(b) any person who made a planning complaint in relation to the development or proposed development concerned.

(9) Particulars of each of the following shall be entered in the register by the enforcement authority concerned:

(a) the service of a warning letter;

(b) the withdrawal of a warning letter under subsection (6) of section 349;

(d) the service of an enforcement notice;

(e) the service of an enforcement notice in accordance with subsection (5) of section 350;

(f) the extension of an enforcement notice under subsection (6) of section 350;

(g) the withdrawal (in whole or in part) of an enforcement notice under subsection (12) of section 350; and

(h) compliance with an enforcement notice by a person on whom the notice was served.

(10) The Maritime Area Regulatory Authority and a coastal planning authority may agree in writing that the Maritime Area Regulatory Authority shall be the enforcement authority in respect of a particular development or proposed development situated or proposed to be situated—

(a) in the nearshore area of the coastal planning authority, or

(b) partly on land and partly in the nearshore area of the coastal planning authority,

and for that purpose, the maritime site (in the case of an agreement under this subsection to which paragraph (a) applies) or the land and maritime site (in the case of an agreement under this subsection to which paragraph (b) applies) upon which the development or proposed development is situated or proposed to be situated shall form part of the enforcement area of the Maritime Area Regulatory Authority.

(11) Where a planning complaint is received by an enforcement authority and the complaint relates to development or proposed development situated or proposed to be situated in the enforcement area of another enforcement authority, the first-mentioned enforcement authority shall—

(a) send the complaint to the second-mentioned enforcement authority, and

(b) notify the person who made the planning complaint accordingly,

and the complaint shall, for the purposes of this Part, be deemed to have been made to the second-mentioned enforcement authority on the date that the complaint was so sent to the second-mentioned enforcement authority.

(12) A report of a local authority under section 50 of the Local Government Act 1991 or section 221 of the Local Government Act 2001 shall specify the number of—

(a) warning letters served by that authority,

(b) enforcement notices served by that authority,

(d) applications for planning injunctions made by that authority,

during the period to which the report relates.

349. Warning letter

349. (1) The following are the persons on whom a warning letter may be served where an enforcement authority decides in accordance with subsection (2) of section 348 to serve a warning letter or is required in accordance with subsection (3) of that section to serve a warning letter:

(a) any person whom the enforcement authority considers carried out, is carrying out or appears to be intending to carry out the development concerned;

(b) any person whom the enforcement authority believes has an interest in, or is an occupier of, the land or maritime site concerned; or

(c) any person whom the enforcement authority believes may otherwise be concerned with the matters to which the letter relates.

(2) A warning letter shall refer to the land or maritime site concerned and shall—

(a) state that—

(i) it has come to the attention of the enforcement authority that unauthorised development is being or has been carried out on the land or maritime site, or

(ii) the enforcement authority has reason to believe that unauthorised development will be carried out on the land or maritime site,

(b) state that the person served with the warning letter may, not later than 4 weeks from the date of the warning letter, make submissions or observations in writing to the enforcement authority regarding the matters to which the letter relates,

(c) state that the enforcement authority may serve the person to whom the letter is addressed with an enforcement notice in relation to the development or proposed development concerned,

(d) state that members of staff of the enforcement authority may at all reasonable times enter on the land for the purposes of the performance by the enforcement authority of its functions under this Act,

(e) specify the penalties to which a person is liable upon conviction of an offence under subsection (9) or (10) of section 350, and

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Planning and Development Act 2024

311. Duty of owners and occupiers to protect structures from endangerment

312. Notice to require works to be carried out in relation to endangerment of protected structures and proposed protected structures

313. Notice to require works to be carried out in relation to endangerment of protected structures and proposed protected structures in cases of urgency

314. Notice to require restoration of character of protected structures and structures in architectural conservation areas

315. Appeals against notices

316. Effective date of notices

317. Offence relating to endangerment of protected structures or proposed protected structures

318. Owners’ powers in relation to notices concerning endangerment or restoration of structures

319. Application to District Court for necessary consent

320. Jurisdiction of District Court

321. Application to court for contribution to cost of carrying out works

322. Permission not required for any development required under this Chapter

323. Planning authority’s power to carry out works to protected structures, proposed protected structures and structures in architectural conservation areas

324. Recovery by planning authority of expenses for carrying out works on endangered structures

325. Acquisition of protected structures

326. Use of protected structure acquired by planning authority

327. Obligations of sanitary authorities in respect of protected structures and proposed protected structures

328. Grants to planning authorities in respect of functions under this Part

329. Notices under sections 59 and 60 of Act of 2000

Chapter 2

330. Definition

331. Architectural conservation areas

332. Recommendations to planning authorities concerning architectural conservation areas

333. Declaration on works affecting character of architectural conservation areas

334. Acquisition within architectural conservation area

335. Special planning control scheme

336. Making of special planning control scheme

337. Modification, revocation and extension of special planning control scheme

338. Declaration on development affecting area of special planning control

339. Notice relating to structures or other land in area of special planning control

340. Implementation of notice under section 339

341. Court may compel compliance with notice under section 339

342. Offence to fail to comply with notice under section 339

343. Permission not required for any development required under this Chapter

344. Scheme under section 85 of Act of 2000

345. Draft scheme under section 84 of Act of 2000

PART 11 Enforcement

346. Definitions

347. Offence

348. Functions of enforcement authority

349. Warning letter