Planning and Development Act 2024
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Duty of owners and occupiers to protect structures from endangerment | ||
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311. (1) Subject to subsections (2) and (3), each owner and occupier of a protected structure or proposed protected structure shall take all reasonable steps to ensure that the structure is not endangered. | ||
(2) Subsection (1) applies to a proposed protected structure from the time the owner or occupier of the structure is notified, under paragraph (a) of subsection (4) of section 55 , section 308 or section 309 , of a recommendation or proposal to add the structure to the record of protected structures. | ||
(3) Neither of the following shall constitute endangerment of a structure for the purposes of this section: | ||
(a) development in respect of which permission has been granted; | ||
(b) development consisting only of works in relation to which a declaration under section 310 is in force. | ||
(4) A person who, without lawful authority, endangers a protected structure or a proposed protected structure shall be guilty of an offence, unless the endangerment resulted from works that were— | ||
(a) urgently required in order to avoid further or other endangerment of the structure or any part of it, | ||
(b) undertaken in good faith solely for the purpose of temporarily safeguarding the structure, and | ||
(c) unlikely to permanently alter the structure. |