Planning and Development Act 2024
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Obligations of sanitary authorities in respect of protected structures and proposed protected structures | ||
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327. The Local Government (Sanitary Services) Act 1964 is amended— | ||
(a) in subsection (1) of section 3, by the substitution of “A sanitary authority may, subject to section 3A,” for “A sanitary authority may,”, and | ||
(b) by the insertion of the following section after section 3: | ||
“3A. (1) Before issuing a notice under section 3(1), in respect of a protected structure or a proposed protected structure, a sanitary authority shall consider— | ||
(a) the protected status of the structure, and | ||
(b) whether, instead of a notice under section 3(1), a notice should be issued under section 312 of the Planning and Development Act 2024 or section 11 of the Derelict Sites Act 1990 . | ||
(2) As soon as practicable after serving or proposing to serve a notice in accordance with section 3(1), in respect of a protected structure or a proposed protected structure, a sanitary authority shall inform the Minister in writing of the particulars of the notice. | ||
(3) A sanitary authority which carries out works on a protected structure, or a proposed protected structure, under section 3(2), shall as far as possible preserve that structure (and any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value), in as much as the preservation of that structure is not likely to cause a danger to any person or property. | ||
(4) When carrying out works in accordance with section 3(2) on a protected structure or a proposed protected structure, a sanitary authority shall, as soon as practicable, inform the Minister of the works. | ||
(5) In this section ‘Minister’, ‘proposed protected structure’, ‘protected structure’ and ‘structure’ have the meanings they have in the Planning and Development Act 2024.”. |