C2C1Part 5Enforcement
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.
Pt. 5 applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11