Planning and Development Act 2024
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Appeals against notices | ||
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315. (1) A person— | ||
(a) on whom a notice is served under subsection (1) of section 312 , and | ||
(b) who made representations relevant to that notice in accordance with subsection (3) of that section, | ||
may, no later than 4 weeks from the date on which a planning authority makes a decision in relation to the notice under subsection (1) of section 312 , appeal the notice to the District Court, on any number of the following grounds: | ||
(i) that the person is not the owner or occupier of the structure in respect of which the notice was served; | ||
(ii) that the time given to the person to comply with the notice is unreasonably short; | ||
(iii) where the person’s representations under subsection (3) of section 312 include a statement that he or she did not have the means to pay the expenses that would be required to comply with the notice, that compliance with the notice would involve unreasonable expense to the person; | ||
(iv) that the person has, at the time the appeal is lodged, taken all reasonable steps to prevent the structure to which the notice relates from becoming, or continuing to be, endangered. | ||
(2) A person on whom a notice is served under subsection (1) of section 313 may, no later than 4 weeks from the date of the notice, appeal the notice to the District Court, on any number of the following grounds: | ||
(a) that the person is not the owner or occupier of the structure in respect of which the notice was served; | ||
(b) that the time given to the person to comply with the notice is unreasonably short. | ||
(3) A person— | ||
(a) on whom a notice is served under subsection (1) of section 314 , and | ||
(b) who made representations in accordance with the notice, or entered into discussions under subsection (4) of section 314 , | ||
may, no later than 4 weeks from the date on which a planning authority notifies the person of its decision in relation to the notice under subsection (5) of section 314 , appeal the notice to the District Court, on any number of the following grounds: | ||
(i) that the person is not the owner or occupier of the structure in respect of which the notice was served; | ||
(ii) that the time given to the person to comply with the notice is unreasonably short; | ||
(iii) that the person has, at the time the appeal is lodged, taken all reasonable steps to— | ||
(I) in the case of a notice under paragraph (a) of subsection (1) of section 314 , as confirmed or modified under subsection (5) of that section, preserve the character of the structure or the element, or | ||
(II) in the case of a notice under paragraph (b) of subsection (1) of section 314 , as confirmed or modified under subsection (5) of that section, assist in preserving the character of the architectural conservation area. | ||
(4) The Court may, upon application or of its own motion, and where it considers that the circumstances of the case require, extend the period specified in subsection (1), (2) or (3) within which an appeal may be made under those subsections. | ||
(5) A person shall, when appealing under subsection (1), (2) or (3), notify the planning authority that issued the notice of the appeal, and the planning authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal. | ||
(6) On the hearing of the appeal, the District Court may make an order— | ||
(a) confirming the notice to which the appeal relates, | ||
(b) confirming the notice to which the appeal relates subject to such modifications or additions as the Court considers reasonable, or | ||
(c) annulling the notice to which the appeal relates. | ||
(7) Where the notice is confirmed subject to modifications or additions under paragraph (b) of subsection (6), the notice shall have effect subject to the modifications or additions specified in the order. | ||
(8) Particulars of an order made under subsection (6) shall be entered in the register. |