Planning and Development Act 2024
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PART 10 Architectural Heritage | ||
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Chapter 1 Protected Structures | ||
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Interpretation and general | ||
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305. (1) In this Part— | ||
“endanger”, in relation to a protected structure or proposed protected structure, includes exposing a structure to harm, decay or damage, whether immediately or over a period of time, through neglect or through direct or indirect means, and causing damage to the structure; | ||
“protection”, in relation to a protected structure (or part of such a structure) or a proposed protected structure (or part of such a structure), includes conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part. | ||
(2) In relation to a period of time referred to in this Part, where it appears to the Minister to be necessary to do so in the interests of the proper functioning of this Act or for other reasons that the Minister considers to be of serious public importance, the Minister may prescribe a period of time, either generally or in relation to such class of cases as may be prescribed, other than that so referred to. | ||
(3) Notwithstanding section 398 , where a person to whom a planning authority is required to give or serve notice or information under section 310 , subsection (1) of section 312 , subsection (1) of section 313 , subsection (1) of section 314 , subsection (3) of section 336 or subsection (1) of section 339 is not given or served such notice or information— | ||
(a) that shall not of itself, where the authority has made efforts in good faith to identify and serve or notify all such persons, invalidate the procedure to which the notice or information relates, or prevent the authority from exercising its functions on foot of that notice, | ||
(b) the person may, at any time before the decision of the authority to which the notice or information relates is made, apply in writing to the authority requesting that they be provided with the notice or information and any documents that should have been referred to in, or should have accompanied, the notice or information, and | ||
(c) the authority shall, where satisfied that the request under paragraph (b) is made by a person to whom a planning authority was required to give notice or information, comply with the request. |