Local Government (Planning and Development) Act, 1963
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Requiring discontinuance of use. |
37.—(1) If the planning authority decide, as respects any use of land, that— | |
(a) the use should be discontinued, or | ||
(b) any conditions should be imposed on the continuance thereof, | ||
the planning authority may serve a notice, requiring discontinuance of that use or imposing those conditions, on the owner and on the occupier of the land and on any other person who in their opinion will be affected by the notice. | ||
(2) Subsection (1) of this section shall not apply in relation to an unauthorised use unless it is a use commenced on or after the appointed day and the notice under this section is served after the expiration of five years from its having been commenced. | ||
(3) In deciding, pursuant to this section, that any use should be discontinued or any conditions should be imposed, 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 and the provisions of any special amenity area order relating to the said area. | ||
(4) Where a notice is served under this section, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice. | ||
(5) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (3) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by the planning authority. | ||
(6) A notice under this section (other than a notice which is annulled) shall take effect— | ||
(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal, | ||
(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined. | ||
(7) Where, by virtue of a notice under this section, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, then, if any person uses the land for that purpose or, as the case may be, uses the land for that purpose in contravention of those conditions, or causes or permits the land to be so used, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds, and if such use is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which such use is so continued. | ||
(8) The provisions of section 29 of this Act shall apply in relation to a notice which is served under this section requiring discontinuance of use of land, or imposing conditions on such use, which is confirmed on appeal (whether with or without modifications), as they apply in relation to the refusal of an application for permission to use land or the grant of such an application subject to conditions, and in any such case the said section 29 shall have effect subject to the following modifications: | ||
(i) for paragraph (a) of subsection (1) there shall be substituted the following paragraph: | ||
“(a) that the land has become incapable of reasonably beneficial use on account of the required discontinuance or the imposed conditions (as the case may be)”; | ||
(ii) paragraph (c) of subsection (1) shall be disregarded; | ||
(iii) for paragraph (i) of the proviso to subsection (4) there shall be substituted the following paragraph: | ||
“(i) if it appears to the Minister to be expedient so to do he may, in lieu of confirming the purchase notice, cancel the notice requiring discontinuance or imposing conditions.” | ||
(9) Particulars of a notice served under this section shall be entered in the register. |