Planning and Development Act 2024
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Notice requiring discontinuance of works or use or removal or alteration of structure | ||
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258. (1) If a planning authority considers in relation to land in its functional area that, in exceptional circumstances— | ||
(a) any works on the land should be discontinued, | ||
(b) any structure on the land should be demolished, removed, altered or replaced, | ||
(c) any use of the land should be discontinued, or | ||
(d) any conditions should be imposed on the continuance of works on the land or of a use of the land, | ||
the planning authority may serve a notice on one or more than one of the following persons specifying the steps which the person is required to take in relation to the works, structure or use: | ||
(i) the owner of the land; | ||
(ii) the occupier of the land; | ||
(iii) any other person who, in the opinion of the planning authority, is in a position to take or facilitate the taking of the steps. | ||
(2) If the Maritime Area Regulatory Authority considers in relation to a maritime site that, in exceptional circumstances— | ||
(a) any works in the site should be discontinued, | ||
(b) any structure in the site should be demolished, removed, altered or replaced, | ||
(c) any use of the site should be discontinued, or | ||
(d) any conditions should be imposed on the continuance of works on the site or of a use of the site, | ||
the Maritime Area Regulatory Authority may serve a notice on one or more than one of the following persons specifying the steps which the person is required to take in relation to the works, structure or use: | ||
(i) the holder of a maritime area consent in respect of the maritime site; | ||
(ii) the occupier of the maritime site; | ||
(iii) any other person who, in the opinion of the Maritime Area Regulatory Authority, is in a position to take or facilitate the taking of the steps. | ||
(3) Subsections (1) and (2) shall not apply to any works that are, or any use that is, unauthorised development unless enforcement action (within the meaning of Part 11) may not be taken, by virtue of section 353 , in respect of the unauthorised development. | ||
(4) A notice referred to in subsection (1) or (2) shall— | ||
(a) identify the works, structure or use, and the location of the land or maritime site concerned, | ||
(b) specify the steps required to be taken including, where appropriate— | ||
(i) the demolition, removal, alteration or replacement of any structure, | ||
(ii) the discontinuance of any works or use, or | ||
(iii) the steps necessary for compliance with conditions imposed on the continuance of any works or use, | ||
(c) specify the period after the confirmation of the notice under subsection (6) within which the steps are required to be taken, | ||
(d) state the reasons for the service of the notice, | ||
(e) invite any person served with the notice to make written submissions to the planning authority or the Maritime Area Regulatory Authority, as appropriate, in respect of the matters referred to in the notice within a period specified in the notice (being not less than 4 weeks from the date of service of the notice), and | ||
(f) state that the notice requires confirmation by the Commission and that any submissions received, and not withdrawn, within the period specified under paragraph (e), shall be considered by the Commission before the notice is confirmed. | ||
(5) As soon as practicable after the expiry of the period for making submissions specified under paragraph (e) of subsection (4), the planning authority or the Maritime Area Regulatory Authority shall refer the notice (accompanied by any submissions made under that subsection and not withdrawn) to the Commission for confirmation. | ||
(6) The Commission shall consider the notice and any submissions referred to in subsection (5) and may confirm the notice, with or without modifications, or refuse to confirm it. | ||
(7) Without prejudice to the generality of subsection (6), a modification referred to in that subsection may include the removal of a requirement that a person served with the notice take, or facilitate the taking of, steps referred to in the notice where the Commission is of the opinion that he or she is not in a position to take, or facilitate the taking of, the steps. | ||
(8) The Commission, in deciding whether to confirm a notice under subsection (6), shall consider— | ||
(a) the principles of proper planning and sustainable development and, where applicable, the objectives of maritime spatial planning, | ||
(b) any applicable provisions of— | ||
(i) the National Planning Framework, | ||
(ii) regional spatial and economic strategies, | ||
(iii) development plans, | ||
(iv) urban area plans, | ||
(v) coordinated area plans, | ||
(vi) priority area plans, | ||
(vii) the National Marine Planning Framework, and | ||
(viii) maritime spatial plans, | ||
(c) any relevant special amenity area order or European Site, | ||
(d) any relevant strategy under section 50 , and | ||
(e) any other relevant provision of this Act or any regulations made under it. | ||
(9) A notice under this section shall take effect when confirmed by the Commission. |