Modifications etc. (not altering text)
C1Pt. 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
C2Pt. 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)
139—(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.
Modifications etc. (not altering text)
C3Ss. 105-155: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))
Commencement Information
I1S. 139 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I2S. 139 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)