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Designated regional enforcement authority
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356. (1) Subject to subsection (2), the Minister may by order—
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(a) designate a planning authority (in this Part referred to as a “regional enforcement authority”) for the purposes of this section,
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(b) designate—
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(i) the enforcement area of the planning authority designated in accordance with paragraph (a), and
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(ii) the enforcement areas of such other planning authorities as are specified in the order,
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to be a designated region for the purposes of this section, and
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(c) designate classes of development (in this section a class so designated is referred to as a “designated class of development”) for the purposes of this section,
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if he or she is of the opinion that by reason of the likely size, nature, or effect on the surroundings, of development belonging to that class, it is appropriate that the functions under this Part of each planning authority whose enforcement area constitutes part of the designated region be performed, in relation to development of that class, by the planning authority referred to in paragraph (a).
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(2) The functions under this Part of each planning authority whose enforcement area forms part of a designated region shall, in addition to being performable by the planning authority for the enforcement area concerned, be performable by the regional enforcement authority in relation to development or proposed development belonging to a designated class of development in that designated region.
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(3) (a) A planning complaint may be made to a regional enforcement authority in respect of development or proposed development belonging to a designated class of development that is situated or proposed to be situated (in whole or in part) in the designated region in respect of which it is the regional enforcement authority.
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(b) A regional enforcement authority that receives a planning complaint in respect of development or proposed development belonging to a designated class of development shall notify any planning authority (other than the regional enforcement authority) within whose functional area the development or proposed development is situated or proposed to be situated of the receipt by the regional enforcement authority of that planning complaint.
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(c) A planning authority that is not a regional enforcement authority shall notify the regional enforcement authority designated in relation to the designated region, of which that planning authority’s enforcement area forms part, of—
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(i) the receipt by it of any planning complaint in relation to development or proposed development belonging to a designated class of development that is situated wholly or partly in that enforcement area, or
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(ii) any development or proposed development belonging to a designated class of development—
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(I) that appears to the planning authority to be being carried out,
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(II) that is or would be unauthorised development, and
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(III) that is or is proposed to be situated wholly or partly in that enforcement area.
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(4) (a) Any proceedings (including enforcement action) under this Part in relation to development or proposed development belonging to a designated class of development—
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(i) pending immediately before the intervention of the regional enforcement authority, and
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(ii) brought by a planning authority whose enforcement area is part of the designated region in respect of which the regional enforcement authority is designated under this section,
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shall be continued, with the substitution in the proceedings of the regional enforcement authority for the planning authority.
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(b) The discontinuance (in whole or in part) of any proceedings (including enforcement action) under this Part in relation to development or proposed development belonging to a designated class of development by a regional enforcement authority following the intervention of the regional enforcement authority shall not operate to prevent the regional enforcement authority from subsequently commencing proceedings (including enforcement action) under this Part in relation to that development or proposed development.
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(c) The discontinuance (in whole or in part) of any proceedings (including enforcement action) under this Part in relation to development or proposed development belonging to a designated class of development by a planning authority other than the regional enforcement authority shall not operate to prevent the regional enforcement authority from subsequently commencing proceedings (including enforcement action) under this Part in relation to that development or proposed development.
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(d) In this subsection, “intervention” means, in relation to proceedings (including enforcement action) under this Part, the notification in writing of a planning authority by a regional enforcement authority that the regional enforcement authority will prosecute those proceedings in substitution for the planning authority.
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(5) A regional enforcement authority may perform functions (including the bringing and prosecution of proceedings for an offence and the bringing of enforcement action) under this Part in relation to a designated class of development notwithstanding that it has not received a complaint or notification referred to in subsection (3).
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(6) Where development or proposed development belonging to a designated class of development is situated, or carried out, or proposed to be situated or carried out, in more than one designated region, the functions conferred on a regional enforcement authority in accordance with this section shall be performable by one such regional enforcement authority, provided that the other regional enforcement authority or regional enforcement authorities, as the case may be, concerned has given its, or have given their, consent thereto.
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(7) Where the regional enforcement authority performs functions in accordance with this section in relation to development or proposed development belonging to a designated class of development carried out wholly or partly in the enforcement area or enforcement areas of one or more than one planning authority—
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(a) that planning authority or each such planning authority, as the case may be, shall provide all such assistance and information to the regional enforcement authority, as it may reasonably require for the purposes of the performance of its functions in accordance with this section,
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(b) the regional enforcement authority shall—
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(i) keep that planning authority or each such planning authority, as the case may be, informed of progress in relation to the matter concerned, and
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(ii) upon the conclusion of the matter or at such other time as may be prescribed, prepare, and submit to that planning authority or each such planning authority, as the case may be, a report (which shall contain such information as may be prescribed) in relation to the matter,
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and
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(c) it shall be the duty of that planning authority or each such planning authority, as the case may be, to enter in the register details of the matter in so far as it relates to its enforcement area.
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