Planning and Development Act 2024
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Powers of entry and to seek information in relation to enforcement | ||
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395. (1) Notwithstanding section 394 and subject to subsection (2), an authorised person appointed by a planning authority or the Maritime Area Regulatory Authority may, for any purpose connected with Part 11, or if he or she has reasonable grounds for believing that an unauthorised development has been, is being or is likely to be carried out, subject to a warrant (if any) issued under subsection (4), at any time enter any land, maritime site or structure within its enforcement area (within the meaning of Part 11), accompanied by such other persons (including members of the Garda Síochána) as he or she may consider necessary and bring such equipment onto the land or maritime site or into or onto the structure as he or she may consider necessary. | ||
(2) An authorised person shall not enter a dwelling under this section other than— | ||
(a) with the consent of the occupier of the dwelling, or | ||
(b) in accordance with a warrant issued under subsection (4). | ||
(3) When an authorised person enters land, a maritime site or a structure pursuant to subsection (1), the authorised person may exercise the powers set out in subsection (2) of section 394 and may require from an occupier of the land, maritime site or structure or any person employed on the land, maritime site or in or on the structure, or any other person on the land or maritime site or in or on the structure, such information as the authorised person, having regard to all the circumstances, considers necessary for the purpose referred to in subsection (1), and a person who fails to comply with such requirement (other than in so far as it would tend to incriminate him or her to comply) shall be guilty of an offence. | ||
(4) (a) Where an authorised person is prevented from entering land, a maritime site or a structure for the purpose referred to in subsection (1), or has reason to believe that evidence related to an offence under this Act may be present on land, a maritime site or in or on a structure, and that the evidence may be removed therefrom or destroyed or that any particular structure may be damaged or destroyed, the authorised person or the person by whom the authorised person was appointed may apply— | ||
(i) in the case of land or a structure on land, to a judge of the District Court having jurisdiction in the district court district in which the land or part of the land or structure or part of the structure is situated, | ||
(ii) in the case of a maritime site or structure in a maritime site, to a judge of the District Court assigned to the Dublin Metropolitan District, or | ||
(iii) in the case of an area containing both land and a maritime site, to a judge referred to in subparagraph (i) or (ii), | ||
for a warrant authorising the entry. | ||
(b) If on application being made to him or her under this subsection, a judge of the District Court is satisfied, on the sworn information of an authorised person, that the authorised person has been prevented from entering land, a maritime site or a structure, or that the authorised person has reasonable grounds for believing the other matters referred to in paragraph (a), the judge may issue a warrant authorising an authorised person, accompanied, if the judge considers it appropriate so to provide, by such number of other authorised persons or members of the Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of the issue of the warrant, on production of the warrant if so requested, to enter the land, maritime site or structure concerned, if need be by reasonable force, and exercise all or any of the powers referred to in subsection (3). | ||
(5) Without prejudice to any powers under section 394 , a planning authority or the Maritime Area Regulatory Authority may, for any purpose connected with Part 11 , serve a notice in writing on a person in occupation of land, a maritime site or a structure or on a person who is carrying out development on land or a maritime site or on or to a structure, requiring the person, other than in so far as it might tend to incriminate him or her, to state in writing to the planning authority or the Maritime Area Regulatory Authority, as the case may be, within a specified time not being less than 2 weeks after being so required— | ||
(a) in the case of a person in occupation, the identity of every person who is or may be carrying out development on the land or maritime site or on or to the structure, or | ||
(b) in the case of a person carrying out development on the land, maritime site or on or to the structure, the identity of every person on whose behalf he or she is carrying out such development. | ||
(6) Every person who is required under subsection (5) to state in writing any matter to the planning authority or the Maritime Area Regulatory Authority and either fails so to state the matter within the time specified under that subsection or, when so stating any such matter, makes any statement in writing which is to his or her knowledge false or misleading in a material respect, shall be guilty of an offence. |