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Presumption of service of owner or occupier
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397. (1) Where a provision of this Act—
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(a) requires the service by a planning authority or the Commission of a notice or other document on the owner of land or a maritime site, or
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(b) otherwise confers a power on a planning authority or the Commission to serve a notice or other document on the owner of land or a maritime site,
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then it shall be presumed (including in any subsequent criminal or civil proceedings under this Act before a court), unless the contrary is shown, that, where service of such notice or document was effected on any person whom the planning authority or Commission, as may be appropriate, reasonably believed to be the owner of the land or maritime site concerned, that person was the owner of that land or maritime site.
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(2) Where a provision of this Act—
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(a) requires the service by a planning authority or the Commission of a notice or other document on the occupier of land or a maritime site, or
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(b) otherwise confers a power on a planning authority or the Commission to serve a notice or other document on the occupier of land or a maritime site,
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then it shall be presumed (including in any subsequent criminal or civil proceedings under this Act before a court), unless the contrary is shown, that, where service of such notice or document was effected on any person whom the planning authority or Commission, as may be appropriate, reasonably believed to be the occupier of the land or maritime site concerned, that person was the occupier of that land or maritime site.
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