Planning and Development Act 2024

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Local authority notice

490. (1) Where a local authority has reason to believe that a funfair is taking place, or is likely to take place in its functional area, other than in compliance with section 487 or 489 , the local authority may serve a notice on any person it believes to be holding, organising or otherwise materially involved in the organisation of the funfair, or that it has reason to believe is otherwise responsible for the non-compliance.

(2) A notice under subsection (1) may require the person on whom the notice is served to comply with any or all of the following requirements:

(a) that he or she immediately cease, or cease within a specified time, any activity or any preparations that are being made in relation to the funfair;

(b) that he or she immediately cease using any fairground equipment in respect of which a valid certificate of safety is not in force;

(c) that he or she remove, within a specified time, any fairground equipment, temporary buildings or structures, plant, machinery or similar equipment that the local authority believes is intended to be used in relation to the funfair;

(d) that he or she restore the land on which the funfair is held or is proposed to be held to its prior condition within a specified time.

(3) Where a person who is served with a notice under subsection (1) fails to comply with the requirements of the notice—

(a) the person shall be guilty of an offence, and

(b) the local authority that served the notice may, through its employees or agents—

(i) give effect to the terms of the notice, and

(ii) to the extent necessary to give effect to the terms of the notice, enter on the land concerned,

and may recover the expenditure reasonably incurred by it in so doing from the person as a simple contract debt in any court of competent jurisdiction.

(4) A person who obstructs or impedes a local authority in the performance of its functions under subsection (3) shall be guilty of an offence.