Planning and Development Act 2024
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Retrospective consent: enforcement | ||
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134. (1) Where a development is being carried out in compliance with a grant of retrospective consent and any condition to which the retrospective consent is subject it shall be deemed to be authorised development. | ||
(2) Where a development has not been or is not being carried out in compliance with a grant of retrospective consent or any condition to which the retrospective consent is subject it shall, notwithstanding any other provision in this Act, be unauthorised development. | ||
(3) Where the Commission decides under section 123 to refuse to grant retrospective consent (other than on the basis that retrospective consent is not required) the development concerned shall, notwithstanding any other provision in this Act, be deemed to be unauthorised development and the appropriate planning authority shall, as soon as may be after receipt of a copy of the decision to refuse consent from the Commission, serve an enforcement notice under section 350 in relation to the development. | ||
(4) Where the Commission has served a direction to cease activities and operations and to take remedial measures under section 133 and the applicant has failed to comply with such a direction, the appropriate planning authority shall, as soon as may be after receipt of a copy of the Commission’s direction, serve an enforcement notice under section 350 requiring the taking of any additional steps as the planning authority considers appropriate. | ||
(5) Land or a maritime site upon which unauthorised development referred to in subsection (2) or in respect of which subsection (4) applies has been carried out shall not be the subject of further applications for permission under this Act, until any remedial action required by a direction served under section 133 is complete. | ||
(6) In subsections (4) and (5), references to a direction served under section 133 are to a draft direction confirmed by notice served, or a varied direction given, under subsection (5) of section 133 . |