Planning and Development Act 2024
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Notice to require restoration of character of protected structures and structures in architectural conservation areas | ||
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314. (1) A planning authority may serve a notice on each person who is the owner or occupier of a structure situated within its functional area, if— | ||
(a) the structure is a protected structure and, in the opinion of the planning authority, it is necessary, in order to preserve the character of the structure or of any of its elements, that specified works be carried out in relation to it, or | ||
(b) the structure is in an architectural conservation area and, in the opinion of the planning authority, it is necessary, in order to preserve the character of the architectural conservation area, that specified works be carried out in relation to the structure. | ||
(2) A notice under subsection (1) shall— | ||
(a) specify the works required to be carried out to the structure, | ||
(b) state that the person on whom the notice is served may, within a specified period of not less than 8 weeks from the date of the service of the notice, make written representations to the planning authority concerning the notice, | ||
(c) invite that person to enter into discussions with the planning authority, within a specified period of not less than 8 weeks from the date of the service of the notice, concerning the notice and in particular concerning— | ||
(i) the provision by the planning authority of advice, materials, equipment, the services of the authority’s staff or other assistance in carrying out the works specified in the notice, and | ||
(ii) the period within which the works are to be carried out, | ||
(d) specify a period of not less than 8 weeks from the end of the period specified under paragraph (c) within which, unless otherwise agreed in the discussions under that paragraph, the works shall be carried out, and | ||
(e) state that the planning authority may pay any expenses reasonably incurred by a person on whom the notice is served in carrying out the works, in accordance with the notice, other than expenses that relate to an unauthorised development that could be restrained by any court. | ||
(3) In deciding whether to serve a notice under this section, a planning authority shall have regard to any national planning statement and any recommendations made under section 308 . | ||
(4) If the invitation under paragraph (c) of subsection (2) to enter into discussions is accepted, the planning authority shall, as far as practicable, facilitate the holding of those discussions. | ||
(5) After considering any representations made under paragraph (b) of subsection (2) and any discussions entered into under subsection (4), the planning authority may confirm, modify or revoke the notice under subsection (1) and shall notify the person who made the representations, or entered into the discussions, of its decision within 4 weeks of the later of— | ||
(a) the end of the period specified in the notice under paragraph (b) of subsection (2), or | ||
(b) the conclusion of any discussions entered into under subsection (4). | ||
(6) Particulars of a notice served under subsection (2) and of a decision made under subsection (5) shall be entered in the register. |