Dublin Metropolitan Streets Commission Act, 1986

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Removal or alteration of structures, etc.

11.—(1) Without prejudice to the provisions of the Second Schedule to this Act, an improvement scheme under section 6 of this Act may, in the interests of the amenity and general improvement of the Metropolitan Central Area, provide for:—

(a) the removal or alteration of any structure or any structure of a particular class and, in the case of a removal, the replacement of the structure by a structure appearing to the Commission to be suitable,

(b) the discontinuance of any use of land or the imposition of conditions on the continuance of any use of land, and

(c) the removal, alteration, repair or tidying of an advertisement structure or advertisement.

(2) Where in an improvement scheme approved under section 6 of this Act it is provided that any structure or any structure of a particular class should be removed or altered, the Commission may serve a notice on the owner and on the occupier of the structure and on any person who in its opinion will be affected by the notice requiring within a specified period the carrying out of such removal or alteration and, in the case of a removal, any replacement appearing to the Commission to be suitable.

(3) Where in an improvement scheme approved under section 6 of this Act it is provided, as respects any use of land, that the use should be discontinued, or that any conditions should be imposed on the continuance thereof, the Commission may serve a notice on the owner and on the occupier of the land and on any person who in its opinion will be affected by the notice requiring within a specified period discontinuance of that use or imposing those conditions.

(4) Where in an improvement scheme approved under section 6 of this Act it is provided that an advertisement structure or advertisement, or any advertisement structure or advertisement of a particular class, should be removed, altered, repaired or tidied, the Commission may serve on the person having control of the advertisement structure or advertisement a notice requiring that person to remove, alter, repair or tidy the advertisement structure or advertisement within a specified period.

(5) If within the period specified in a notice under subsection (2) or (4) of this section or within such extended period as the Commission may allow, the removal, alteration, replacement, tidying or repair required by the notice has not been carried out, the Commission may enter on the structure or on the land on which the structure is situate or the advertisement is exhibited and may effect such removal, alteration, replacement, tidying or repair and may, where the structure or advertisement structure concerned is an unauthorised structure, recover as a simple contract debt in any court of competent jurisdiction from the person on whom the notice was served any expenses reasonably incurred by it in that behalf.

(6) (a) Where, by virtue of a notice under subsection (3) of 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 £1,000.

(b) An offence under this section may be prosecuted by the Commission.

(7) (a) If, on a claim made to the Commission it is shown that, as a result of the removal, alteration or replacement of any structure or advertisement structure consequent upon a notice under subsection (2) or (4) of this section, or as a result of the discontinuance, or the compliance with conditions on the continuance, of any use of land consequent upon a notice under subsection (3) of this section, any person has suffered damage by the depreciation of any interest in the structure, advertisement structure or land to which he is entitled or by being disturbed in his enjoyment of the structure advertisement structure or land, such person shall, subject to the provisions of this subsection, be entitled to be paid by the Commission by way of compensation the amount of such damage.

(b) A claim under this subsection shall be made within—

(i) six months after the removal, alteration or replacement of the structure or advertisement structure or the discontinuance of the use or compliance with the conditions, or

(ii) such longer period as the Circuit Court may allow if it appears to that Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

(c) Compensation under this subsection shall not be payable as a result of the removal, alteration or replacement of an unauthorised structure, the discontinuance of an unauthorised use or the compliance with conditions on the continuance of any such use.

(8) Sections 68 and 69 of the Act of 1963 shall apply in relation to a claim for compensation under subsection (7) of this section as if such claim arose under that Act and for the purpose of such application the Commission shall be deemed to be the planning authority.

(9) Section 7 of the Act of 1963 shall apply to a notice served under this section.

(10) Section 83 of the Act of 1963 shall apply to entry on any structure or land under this section and, for the purpose of such application, the Commission shall be deemed to be the planning authority.

(11) In this section “advertisement”, “advertisement structure”, “land”, “structure”, “unauthorised structure”, “unauthorised use” and “use” have the meanings assigned to them by the Act of 1963.