Planning and Development Act 2024

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Warning letter

349. (1) The following are the persons on whom a warning letter may be served where an enforcement authority decides in accordance with subsection (2) of section 348 to serve a warning letter or is required in accordance with subsection (3) of that section to serve a warning letter:

(a) any person whom the enforcement authority considers carried out, is carrying out or appears to be intending to carry out the development concerned;

(b) any person whom the enforcement authority believes has an interest in, or is an occupier of, the land or maritime site concerned; or

(c) any person whom the enforcement authority believes may otherwise be concerned with the matters to which the letter relates.

(2) A warning letter shall refer to the land or maritime site concerned and shall—

(a) state that—

(i) it has come to the attention of the enforcement authority that unauthorised development is being or has been carried out on the land or maritime site, or

(ii) the enforcement authority has reason to believe that unauthorised development will be carried out on the land or maritime site,

(b) state that the person served with the warning letter may, not later than 4 weeks from the date of the warning letter, make submissions or observations in writing to the enforcement authority regarding the matters to which the letter relates,

(c) state that the enforcement authority may serve the person to whom the letter is addressed with an enforcement notice in relation to the development or proposed development concerned,

(d) state that members of staff of the enforcement authority may at all reasonable times enter on the land for the purposes of the performance by the enforcement authority of its functions under this Act,

(e) specify the penalties to which a person is liable upon conviction of an offence under subsection (9) or (10) of section 350 , and

(f) state that any costs reasonably incurred by the enforcement authority in relation to any enforcement notice or the investigation of, or bringing and prosecution of proceedings for, an offence referred to in paragraph (e) may be recovered from the person on whom any such notice is served.

(3) (a) An enforcement authority shall, not later than 2 weeks after the service by it of a warning letter in accordance with this section, notify in writing any person who made a planning complaint that caused the enforcement authority to serve such warning letter of such service.

(b) The failure by an enforcement authority to comply with paragraph (a) shall not operate to invalidate the warning letter concerned.

(4) Nothing in this section shall prevent an enforcement authority from carrying out any investigations or communicating with any person before serving a warning letter in accordance with this section.

(5) Where a warning letter has been served, the following provisions shall apply:

(a) it shall be the duty of the enforcement authority to decide as expeditiously as possible (but not later than 12 weeks from the expiration of the period or extended period or periods, as the case may be, referred to in paragraph (b) of subsection (2) for the making of submissions or observations) whether or not to serve an enforcement notice;

(b) where it appears to the enforcement authority that, having regard to the particular circumstances of the matter, it would not be possible or appropriate to comply with paragraph (a), the enforcement authority shall, before the expiration of the period of 12 weeks referred to in that paragraph, notify in writing all persons served with the warning letter, and any person who made a planning complaint, of—

(i) the reasons therefor, and

(ii) the date by which the enforcement authority intends to decide whether or not to serve an enforcement notice;

(c) an enforcement authority shall take all such steps as are necessary or expedient for the purpose of enabling it to decide whether or not to serve an enforcement notice by the date specified in any notification under paragraph (b).

(6) A warning letter shall be withdrawn by the enforcement authority where—

(a) the enforcement authority decides not to serve an enforcement notice, or

(b) the enforcement authority fails to decide whether or not to serve an enforcement notice before—

(i) the expiration of the period of 12 weeks referred to in paragraph (a) of subsection (5), or

(ii) the date specified in a notification under paragraph (b) of that subsection,

whichever occurs later.

(7) The withdrawal of a warning letter or the failure by the enforcement authority to make a decision to which subsection (5) applies shall not operate to prevent—

(a) the service of a subsequent warning letter,

(b) the service of an urgent enforcement notice,

(c) the bringing and prosecuting of proceedings for an offence under this Part, or

(d) the performance of any other function by the enforcement authority,

in relation to any development, proposed development or otherwise anticipated development in respect of which the first-mentioned warning letter was served.