Planning and Development Act, 2000
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Powers of entry in relation to enforcement. |
253.—(1) Notwithstanding section 252 , an authorised person may, for any purpose connected with Part VIII, at all reasonable times, or at any time if he or she has reasonable grounds for believing that an unauthorised development has been, is being or is likely to be carried out, enter any premises and bring thereon such other persons (including members of the Garda Síochána) or equipment as he or she may consider necessary for the purpose. | |
(2) Subject to subsection (4), an authorised person shall not, other than with the consent of the occupier, enter into a private house under subsection (1) unless he or she has given to the occupier of the house not less than 24 hours' notice in writing of his or her intended entry. | ||
(3) Whenever an authorised person enters any premises pursuant to subsection (1), the authorised person may exercise the powers set out in section 252 (2) and, as appropriate, in addition— | ||
(a) require from an occupier of the premises or any person employed on the premises or any other person on the premises, such information, or | ||
(b) require the production of and inspect such records and documents, and take copies of or extracts from, or take away, if it is considered necessary for the purposes of inspection or examination, any such records or documents, | ||
as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her by or under this Act. | ||
(4) (a) Where an authorised person in the exercise of his or her powers under subsection (1) is prevented from entering any premises or has reason to believe that evidence related to a suspected offence under this Act may be present in any premises and that the evidence may be removed therefrom or destroyed or that any particular structure may be damaged or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court for a warrant under this subsection authorising the entry by the authorised person in the premises. | ||
(b) If on application being made to him or her under this subsection, a judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises or that the authorised person has reasonable grounds for believing the other matters referred to in paragraph (a), the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge considers it appropriate so to provide, by such number of members of the Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of the issue of the warrant, on production, if so requested, of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in subsection (3). |