Planning and Development Act 2024
|
Section 10 supplemental provision | ||
|
11. (1) A relevant declaration shall be conclusive evidence of the matters stated therein in relevant proceedings brought by an enforcement authority (within the meaning of Part 11 ) or the Director of Public Prosecutions against a person who requested the relevant declaration under section 10 , unless— | ||
(a) it is proved that— | ||
(i) the person knowingly provided false or misleading information to the planning authority or the Commission, as the case may be, for the purposes of the making of the relevant declaration, and | ||
(ii) the planning authority or the Commission, as the case may be, would not have made the relevant declaration had it been aware at the time of its making that the information was false or misleading, | ||
or | ||
(b) it is proved that— | ||
(i) the person withheld information from the planning authority or the Commission, as the case may be, that he or she knew to be material to the question as to whether or not the act, operation or change in use concerned was development or exempted development, and | ||
(ii) the planning authority or the Commission, as the case may be, would not have made the relevant declaration had the information not been so withheld. | ||
(2) Subject to subsection (1), a relevant declaration shall not be admissible in evidence in any proceedings relating to the act, operation or change in use in respect of which the relevant declaration was made. | ||
(3) In this section— | ||
“relevant declaration” means— | ||
(a) in relation to a change in use— | ||
(i) a declaration by a planning authority under section 10 — | ||
(I) that the change in use is not development or is exempted development, and | ||
(II) that had not been annulled by the Commission under that section before the offence or contravention was alleged to have occurred, | ||
or | ||
(ii) a declaration by the Commission under that section that the change in use is not development or is exempted development, | ||
or | ||
(b) in relation to an act or operation— | ||
(i) a declaration by a planning authority under section 10 that— | ||
(I) the act or operation is not development or is exempted development, and | ||
(II) had not been annulled by the Commission under that section before the offence or contravention was alleged to have occurred, | ||
or | ||
(ii) a declaration by the Commission under that section that the act or operation is not development or is exempted development; | ||
“relevant proceedings” means— | ||
(a) proceedings for an offence under section 347 or 350 , or | ||
(b) proceedings under section 351 . |