Local Government (Planning and Development) Act, 1999
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Duty of owners and occupiers to protect structures from endangerment. |
9.(1) Each owner and each occupier shall, to the extent consistent with the rights and obligations arising out of their respective interests in a protected structure or a proposed protected structure, ensure that the structure, or any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, is not endangered. | |
(2) The duty imposed by subsection (1) in relation to a proposed protected structure arises at the time the owner or occupier is notified under section 6 of this Act or under Part III of the Principal Act of the proposal to add the structure to the record of protected structures. | ||
(3) Neither of the following shall be considered to be a breach of the duty imposed on each owner and each occupier under this section: | ||
(a) development in respect of which permission under section 26 of the Principal Act has been granted; | ||
(b) development consisting only of works of a type which, in a declaration issued under section 8 (3) of this Act to that owner or occupier, a planning authority has declared would not materially affect the character of the protected structure or any element referred to in subsection (1) of this section of that structure. | ||
(4) Any person who, without lawful authority, causes damage to a protected structure or a proposed protected structure shall be guilty of an offence. | ||
(5) Without prejudice to any other defence that may be available, it shall be a good defence in any proceedings for an offence under subsection (4) to prove that the damage to the structure resulted from works which were— | ||
(a) urgently required in order to secure the preservation of the structure or any part of it, | ||
(b) undertaken in good faith solely for the purpose of temporarily safeguarding the structure, and | ||
(c) unlikely to permanently alter the structure or any element of it referred to in subsection (1). |