Planning and Development Act 2024
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Enforcement notice | ||
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350. (1) Subject to section 348 , an enforcement authority that is of the opinion that unauthorised development has been, is being or is likely to be carried out or continued, may serve a notice (in this Part referred to as an “enforcement notice”) on— | ||
(a) the person carrying out the development concerned, and | ||
(b) any person (other than a Minister of the Government) who, in the opinion of the enforcement authority— | ||
(i) is the owner or occupier of the land or maritime site on which the development is situated or proposed to be situated, or | ||
(ii) may be concerned with the matters to which the notice relates. | ||
(2) An enforcement notice shall refer to the land or maritime site concerned and shall— | ||
(a) in the case of development that is not the subject of a grant of permission, require that that development cease or not be commenced, as appropriate, | ||
(b) in the case of development for which permission has been granted, require that the development proceed in accordance with the permission, and with any condition to which the permission is subject, | ||
(c) in the case of development in respect of which a certificate has been issued by— | ||
(i) the Dublin Docklands Development Authority under subparagraph (ii) of paragraph (a) of subsection (7) of section 25 of the Dublin Docklands Development Authority Act 1997 , or | ||
(ii) the Custom House Docks Development Authority under paragraph (b) of subsection (6) of section 12 of the Urban Renewal Act 1986 , | ||
require that the development be carried out in accordance with the planning scheme (in respect of which the development was certified to be consistent) made under that Act and any conditions to which the certificate is subject, | ||
(d) require such steps (including, where appropriate, the removal, demolition or alteration of any structure, the discontinuance of any use and, in so far as is practicable, the restoration of the land or maritime site to the condition that it was in prior to the commencement of the development) as may be specified in the enforcement notice to be taken by the person or persons on whom the enforcement notice is served within a specified period, | ||
(e) inform the person or persons served with the enforcement notice that, if the steps specified in the notice to be taken are not taken within the period specified under paragraph (d) or within such extended period as the enforcement authority may specify— | ||
(i) members of staff of the enforcement authority may enter on the land or maritime site and take such steps (including the removal, demolition or alteration of any structure) as it considers necessary and recover any expenses reasonably incurred by it in that behalf, and | ||
(ii) such person or persons shall have committed an offence, | ||
(f) specify the matters in respect of which the enforcement authority is required to be satisfied in accordance with subsection (6) before granting an extension under that subsection of a period referred to in paragraph (d) and that it may impose conditions in relation to any such extension, and | ||
(g) require the person or persons served with the notice to refund to the enforcement authority the costs and expenses reasonably incurred by the enforcement authority in relation to the investigation of the matter and the service of the enforcement notice concerned and any warning letter under section 349 , including costs incurred in respect of the remuneration and other expenses of members of staff of the enforcement authority, and any consultants or advisers engaged by the authority in that behalf. | ||
(3) Where an enforcement notice is served under this section, the enforcement authority shall notify in writing any person who made a planning complaint and any other person who, in the opinion of the enforcement authority, may be concerned with the matter to which the notice relates (not being a person on whom the enforcement notice was served) of the service of the notice. | ||
(4) The failure by the enforcement authority to comply with subsection (3) shall not render the enforcement notice concerned invalid. | ||
(5) If, subsequent to the service of the enforcement notice, the enforcement authority becomes aware— | ||
(a) that any person not already served with the notice may be carrying out development, or | ||
(b) of any person who, in the opinion of the enforcement authority, may be— | ||
(i) the owner or occupier of the land or maritime site concerned, or | ||
(ii) concerned with the matters to which the notice relates, | ||
the enforcement authority may serve the enforcement notice on that person and the period specified for compliance with the notice shall be extended as necessary, and written notice of such service and such extension shall be given to the other person or persons on whom the notice had previously been served in accordance with subsection (1). | ||
(6) An enforcement authority may, upon the request of a person served with an enforcement notice, extend the period referred to in paragraph (d) of subsection (2) by such further period or periods as may be specified by the enforcement authority, subject to such conditions as the enforcement authority may impose, if it is satisfied that— | ||
(a) that person has taken all reasonable steps to comply with the enforcement notice, | ||
(b) the enforcement notice will be complied with within a reasonable period, and | ||
(c) the extension is reasonable in all of the circumstances. | ||
(7) If, within the period specified under paragraph (d) of subsection (2) or such extended period as provided for under subsection (5) or (6), the steps specified in the enforcement notice are not taken, the enforcement authority may, in accordance with section 394 or 395 , enter on the land or maritime site and take such steps (including the demolition of any structure and the restoration of the land or maritime site) as it considers appropriate. | ||
(8) The enforcement authority shall be entitled to recover from the person or persons served with an enforcement notice— | ||
(a) the costs and expenses reasonably incurred by it in relation to the investigation of the matter and the service of the enforcement notice concerned and any warning letter under section 349 , including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and | ||
(b) any costs and expenses reasonably incurred by it in taking any steps in accordance with subsection (7). | ||
(9) Any person on whom an enforcement notice is served in accordance with subsection (1) or (5) who fails to comply with the requirements of the notice (other than a notice that has ceased to have effect under subsection (13)) within the period specified in the notice shall be guilty of an offence. | ||
(10) Any person who knowingly assists, consents to or connives in the failure by another person to comply with an enforcement notice shall be guilty of an offence. | ||
(11) Where— | ||
(a) a person is convicted of an offence under subsection (9) or (10), | ||
(b) a person is acquitted of such an offence by reason of a defence under paragraph (b) of subsection (7) of section 355 , or | ||
(c) in proceedings for such an offence the court makes an order under subsection (1) of section 1 of the Probation of Offenders Act 1907 in relation to the defendant, | ||
the court (in addition to imposing a penalty referred to in section 354 in the case of a conviction) may order the person to take all such steps (if any) as are specified in the enforcement notice concerned within such period as the court considers appropriate, and where the person fails to take such steps within that period he or she shall be guilty of an offence. | ||
(12) (a) An enforcement authority may withdraw (in whole or in part) an enforcement notice and, where it was served on more than one person, in relation to any one or more of the persons on whom it was served, if it is satisfied that— | ||
(i) by virtue of a grant of permission, and having regard to all the circumstances of the case— | ||
(I) the enforcement notice, or | ||
(II) a part of the enforcement notice, | ||
as the case may be, no longer serves a useful purpose in relation to any or all of such persons, or | ||
(ii) there are other compelling reasons to so withdraw the enforcement notice or part of the enforcement. | ||
(b) An enforcement notice that was served on one person and that is withdrawn in part shall remain in force and continue to have effect to the extent that it has not been withdrawn. | ||
(c) An enforcement notice that was served on more than one person that— | ||
(i) is wholly withdrawn in relation to some but not all of the persons on whom it was served, or | ||
(ii) is withdrawn in part in relation to any or all of the persons on whom it was served, | ||
shall remain in force and continue to have effect to the extent that, and in respect of whom, it has not been withdrawn. | ||
(d) Where an enforcement notice is withdrawn under this subsection, the enforcement authority shall notify in writing all persons, notified of the service of the enforcement notice in accordance with subsection (3), of the withdrawal and of the reasons for the withdrawal. | ||
(e) The withdrawal of a valid enforcement notice under this subsection shall be without prejudice to the entitlement of the enforcement authority to recover the costs and expenses recoverable under subsection (8). | ||
(13) An enforcement notice shall cease to have effect— | ||
(a) when it has been complied with, | ||
(b) 10 years from the date of service of the notice, or | ||
(c) if it is withdrawn in accordance with this section— | ||
(i) to the extent that it is so withdrawn, and | ||
(ii) in relation to the persons in respect of which it is so withdrawn. | ||
(14) The failure to notify a person under subsection (3) of the service of an enforcement notice shall not operate to invalidate the enforcement notice. | ||
(15) An enforcement notice shall have effect from the date of the service of the notice. |