Planning and Development Act 2024
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Effect of grant of permission under Part | ||
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181. (1) Where permission for development or retention permission is granted under this Part, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land or maritime site and of all persons for the time being interested therein. | ||
(2) Where permission is granted under this Part for a structure, the grant of permission may— | ||
(a) specify the purposes for which the structure may or may not be used, and | ||
(b) where the grant specifies use as a dwelling as a purpose for which the structure may be used, be subject to a condition specifying that the use of the structure as a dwelling shall be restricted to use by persons of a particular class or description and the requirement to that effect may be embodied in an agreement under section 257 . | ||
(3) (a) Where permission for development of land is granted under this Part for a limited period only, nothing in this Part shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted. | ||
(b) In determining for the purposes of paragraph (a) the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land taking place in contravention of this Part. | ||
(4) (a) With reference to development of land, where permission is granted under this Part solely for a material change of use of any structure or other land, the person carrying out the development shall, no less than 2 weeks prior to the date on which the material change of use occurs, lodge a notice with the planning authority in whose functional area the development is situated, specifying the date on which that change of use will occur. | ||
(b) With reference to maritime development, where permission is granted under this Part solely for a material change of use of any structure or maritime site, the person carrying out the development shall, no less than 2 weeks prior to the date on which the material change of use occurs, lodge a notice— | ||
(i) in the case of development wholly or partly in the nearshore area, with the coastal planning authority in whose functional area the development is situated, if any, and | ||
(ii) in the case of development wholly or partly in the outer maritime area, with the Maritime Area Regulatory Authority, | ||
specifying the date on which that change of use will occur. | ||
(5) If no purpose is specified pursuant to subsection (2) in a permission, a permission shall be construed as precluding such uses as are not consistent with— | ||
(a) the design of any structure as permitted, or | ||
(b) such permitted use of the structure as may be implied from the permission, | ||
and in considering the foregoing, regard may be had to the fact that the planning authority or the Commission decided not to specify in the permission the purpose for which the structure is permitted to be used. | ||
(6) Notwithstanding anything in this Part, permission shall not be required under this Part, in the case of land which, on 1 October 1964, was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for any other purpose, for the use of the land for that other purpose on similar occasions after 1 October 1964. |