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Enforcement of planning control (retention of structure).
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32.—(1) (a) Where any condition subject to which a permission for the retention of a structure was granted under this Part of this Act has not been complied with, the planning authority may within five years after the appropriate date, if they decide that it is expedient so to do, serve on the owner and on the occupier of the structure a notice under this section.
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(b) In the foregoing paragraph “the appropriate date” means, in relation to a condition, the date specified in the condition (or, in default of being specified in the condition, specified by notice served by the planning authority on the owner and on the occupier of the structure) as the latest date for compliance with the condition.
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(2) In deciding, pursuant to this section, whether it is expedient to serve a notice under paragraph (a) of subsection (1) of this section, the planning authority 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) Any notice served under paragraph (a) of subsection (1) of this section (hereafter in this section referred to as an enforcement notice) shall specify the matters in respect of which it is alleged that any such condition as aforesaid had not been complied with, and may require such steps as may be specified in the notice to be taken within such period as may be so specified for compliance with the condition; and, in particular, any such notice may, for the purpose aforesaid, require the removal of the structure or require all or any of the following:
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(a) the alteration of the structure,
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(b) the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,
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(c) the provision of space around the structure,
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(d) the planting of trees, shrubs or other plants or the landscaping of the structure or other land.
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(4) 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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(5) 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 structure and take those steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the structure any expenses reasonably incurred by them in that behalf.
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(6) Particulars of an enforcement notice shall be entered in the register.
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