C2C1Part 5Enforcement

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 (except ss. 157-163) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)

Enforcement notices

I1I2C2C1C3139C2C1Issue of enforcement notice by Department

1

The Department may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to the Department—

a

that there has been a breach of planning control; and

b

that it is expedient to issue the notice, having regard to the provisions of the local development plan and to any other material considerations.

2

The Department must not issue an enforcement notice without consulting the appropriate council.

3

A copy of an enforcement notice must be served—

a

on the owner and on the occupier of the land to which it relates; and

b

on any other person having an estate in the land, being an estate which, in the opinion of the Department, is materially affected by the notice.

4

The service of the notice must take place—

a

not more than 28 days after its date of issue; and

b

not less than 28 days before the date specified in it as the date on which it is to take effect.

5

In relation to an enforcement notice issued by the Department, sections 146 and 149 shall apply as if for any reference in those sections to the council there were substituted a reference to the Department.