Planning and Development Act 2024
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Prosecution of offences | ||
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355. (1) Subject to section 524 , summary proceedings for an offence under this Act may be brought and prosecuted by— | ||
(a) an enforcement authority (whether or not the offence is committed in the enforcement authority’s enforcement area), or | ||
(b) the Planning Regulator. | ||
(2) Subject to sub section 177 of the Criminal Justice Act 2006 and notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act may be commenced— | ||
(a) at any time within 6 months from the date on which the offence is alleged to have been committed, or | ||
(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are brought, to justify proceedings comes to that person’s knowledge, | ||
whichever is the later. | ||
(3) In proceedings for an offence under this Act, a document— | ||
(a) purporting to be a certificate certifying the date on which evidence described in the certificate came to the knowledge of the person who brought those proceedings, and | ||
(b) purporting to be signed by that person, | ||
shall, unless the contrary is shown, be evidence of that date. | ||
(4) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. | ||
(5) In proceedings for an offence under this Act, the onus of proving— | ||
(a) that development is exempted development, or | ||
(b) the existence of— | ||
(i) any permission, | ||
(ii) any certificate issued by the Custom House Docks Development Authority under paragraph (b) of subsection (6) of section 12 of the Urban Renewal Act 1986 , or | ||
(iii) any certificate issued by the Dublin Docklands Development Authority under subparagraph (ii) of paragraph (a) of subsection (7) of section 25 of the Dublin Docklands Development Authority Act 1997 , | ||
shall be on the defendant. | ||
(6) It shall not be a defence to a prosecution under this Part for the defendant to have applied for, or have been granted, permission— | ||
(a) since the commencement of proceedings under this Part, | ||
(b) since the date of service of a warning letter under section 349 , or | ||
(c) since the date of service of an urgent enforcement notice. | ||
(7) (a) It shall be a defence to proceedings under section 350 for the defendant to prove on the balance of probabilities that— | ||
(i) the works to which the enforcement notice applies were not unauthorised development, or | ||
(ii) the use to which the enforcement notice applies was not unauthorised development, | ||
as the case may be. | ||
(b) It shall be a defence to proceedings under section 350 for the defendant to show that he or she took all reasonable steps to secure compliance with the enforcement notice. | ||
(8) A prosecution under this Part shall not be stayed or adjourned by reason of an application for permission or an application for a declaration under section 10 in relation to the development concerned unless the court is satisfied that special circumstances (which shall be stated in the order) exist to warrant such stay or adjournment. | ||
(9) In proceedings for an offence under section 350 , a document purporting to be an enforcement notice shall be evidence, without further proof, of the terms of the enforcement notice and its service in accordance with this Act, unless the contrary is shown. |