The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990

Obtaining of report where contravention notice served

34.  After Article 18 of the principal Order there shall be inserted the following Article—

“Obtaining of report where contravention notice served

18A.— (1) In a case where—

(a) before the expiry of the period of 28 days referred to in Article 18(4), a person on whom a contravention notice has been served gives to the district council by which the notice was served notice of his intention to obtain from a suitably qualified person a written report concerning work to which the contravention notice relates; and

(b) such a report is obtained and submitted to the council before the expiry of the period of 56 days from the date on which the contravention notice was served; and

(c) as a result of its consideration of the report the council withdraws the contravention notice,

the council may pay to the person on whom the contravention notice was served such amount as appears to it to represent the expenses reasonably incurred by him in consequence of the council’s having served that notice including, in particular, his expenses in obtaining the report.

(2) If a person on whom a contravention notice has been served gives notice under paragraph (1)(a), then,—

(a) so far as regards the matters to which the contravention notice relates, the reference to 28 days in Article 18(4) shall be construed as a reference to 70 days;

(b) the district council shall not be entitled to proceed under Article 18(4) unless—

(i) a report is not submitted to it in accordance with paragraph (1)(b); or

(ii) a report is so submitted and the council has notified that person in writing that, after consideration of the report, it has decided not to withdraw the contravention notice.”.