Planning and Development Act 2024

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Notice relating to structures or other land in area of special planning control

339. (1) A planning authority may serve a notice that complies with subsection (2) on each person who is the owner or occupier of—

(a) land to which an objective or provision of special planning control scheme applies, or

(b) a structure on such land.

(2) A notice under subsection (1) shall—

(a) refer to the structure or land concerned,

(b) state that the notice shall have effect in accordance with subsection (8),

(c) specify the measures required to be undertaken on the coming into force of the notice including, as appropriate, measures for—

(i) the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning of any structure or land, or

(ii) the discontinuance of any use or the continuance of any use subject to conditions,

(d) state that the person on whom the notice is served may, within a specified period of not less than 8 weeks from the date of service of the notice, make written representations to the planning authority concerning the notice,

(e) invite that person to enter into discussions with the planning authority, within a specified period of not less than 8 weeks from the date of service of the notice, concerning the notice and in particular concerning—

(i) the period within which the measures specified in the notice are to be carried out,

(ii) the provision by the planning authority of advice, materials, equipment, the services of the authority’s staff or other assistance required to carry out the measures specified in the notice, and

(iii) any other matter to which the notice refers as the planning authority may specify,

(f) specify a period of not less than 8 weeks from the end of the period specified under paragraph (e) within which, unless otherwise agreed in the discussions under that paragraph, the works shall be carried out,

(g) state that the planning authority shall pay any expenses that are reasonably incurred by the person on whom the notice is served in carrying out the steps specified in the notice, other than expenses that relate to an unauthorised development which could be restrained by any court, and

(h) state that the planning authority shall, by way of compensation, pay, to any person who shows that as a result of complying with the notice—

(i) the value of an interest he or she has in the land or part thereof existing at the time of the notice has been reduced, or

(ii) he or she, having an interest in the land at that time, has suffered damage by being disturbed in his or her enjoyment of the structure or other land,

a sum equal to the amount of such reduction in value or a sum in respect of the damage suffered.

(3) If the invitation in a notice in accordance with paragraph (e) of subsection (2) to enter into discussions is accepted, the planning authority shall as far as practicable facilitate the holding of those discussions.

(4) After considering any representations made under paragraph (d) of subsection (2) and any discussions held under subsection (3), the planning authority may confirm, modify or revoke the notice and shall notify the person who made the representation of its decision within 6 weeks of receipt of the representation and the occurrence of such discussions, as appropriate.

(5) Any person served with a notice under subsection (1) may, within 8 weeks from the date of notification of the confirmation or modification of the notice under subsection (4), appeal to the Commission against the notice.

(6) Where an appeal is brought under subsection (5) against a notice, the Commission may, after taking into account—

(a) the proper planning and sustainable development of the area,

(b) the development plan,

(c) the urban area plan for the area in question,

(d) the coordinated area plan for the area in question,

(e) any integrated area plan (within the meaning of the Urban Renewal Act 1998 ) in force relating to the area to which the scheme relates, and

(f) the provisions of the special planning control scheme concerned,

confirm, with or without modification, or annul the notice.

(7) A notice served by a planning authority under subsection (1) may, for stated reasons, be withdrawn by notice and the notice under subsection (1) shall cease to have effect on and from the date on which the notice of withdrawal under this section is served.

(8) A notice under subsection (1) shall not come into force until the later of—

(a) where no appeal is taken against the notice, the expiry of any period within which an appeal against the notice may be brought under subsection (5), or

(b) where an appeal is taken against the notice, the date on which the appeal is withdrawn or decided.

(9) The following shall be entered in the register:

(a) particulars of a notice under subsection (1);

(b) particulars of the confirmation (with or without modifications) or revocation of a notice under subsection (4);

(c) particulars of any appeal of a notice under subsection (5);

(d) particulars of the confirmation (with or without modifications) or annulment of a notice under subsection (6);

(e) particulars of the withdrawal of a notice under subsection (7).

(10) A notice under section 88 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall continue in force on and after such repeal and be deemed to be a notice served under this section.