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The Planning(Northern Ireland) Order 1991

Status:

This is the original version (as it was originally made).

Enforcement notices

68.—(1) Where it appears to the Department that there has been a breach of planning control after 25th August 1974 then, subject to this Article, the Department, if it considers it expedient to do so having regard to the provisions of the development plan and to any other material considerations, may issue a notice requiring the breach to be remedied and serve copies of the notice in accordance with paragraph (5).

(2) A notice under this Article is referred to in this Order as an “enforcement notice”.

(3) There is a breach of planning control—

(a)if development has been carried out without the grant of the planning permission required in that behalf in accordance with Part IV; or

(b)if any conditions or limitations subject to which planning permission was granted have not been complied with.

(4) Where an enforcement notice relates to a breach of planning control consisting in—

(a)the carrying out without planning permission of building, engineering, mining or other operations in, on, over, or under land; or

(b)the failure to comply with any condition or limitation which relates to the carrying out of such operations and subject to which planning permission was granted for the development of that land; or

(c)the making without planning permission of a change of use of any building to use as a single dwelling-house; or

(d)the failure to comply with a condition which prohibits or has the effect of preventing a change of use of a building to use as a single dwelling-house;

it may be issued—

(i)in the case of a failure to comply with any condition or limitation which relates to the carrying out of mining operations, only within the period of four years from the date on which that failure came to the knowledge of the Department;

(ii)in any other case, only within the period of four years from the date of the breach.

(5) A copy of an enforcement notice shall be served, not later than 28 days after the date of its issue and not later than 28 days before the date specified in the notice as the date on which it is to take effect—

(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 that land, being an estate which in the opinion of the Department is materially affected by the notice.

(6)An enforcement notice shall specify the matters alleged to constitute a breach of planning control.

(7) An enforcement notice shall also specify—

(a)any steps which are required by the Department to be taken in order to remedy the breach;

(b)any such steps as are referred to in paragraph (10) and are required by the Department to be taken.

(8) An enforcement notice shall specify the period within which any such step as is mentioned in paragraph (7) is to be taken and may specify different periods for the taking of different steps.

(9) In this Article “steps to be taken in order to remedy the breach” means (according to the particular circumstances of the breach) steps for the purpose—

(a)of restoring the land to its condition before the development took place; or

(b)of securing compliance with the conditions or limitations subject to which planning permission was granted, including—

(i)the demolition or alteration of any building or works;

(ii)the discontinuance of any use of land; and

(iii)the carrying out on land of any building or other operations.

(10) The steps mentioned in paragraph (7)(b) are steps for the purpose—

(a)of making the development comply with the terms of any planning permission which has been granted in respect of the land; or

(b)of removing or alleviating any injury to amenity which has been caused by the development.

(11) Where the matters which an enforcement notice alleges to constitute a breach of planning control include development which has involved the making of a deposit of refuse or waste materials on land, the notice may require that the contour of the deposit shall be modified by altering the gradient or gradients of its sides in such manner as may be specified in the notice.

(12) If on a complaint by the owner of any land, it appears to a court of summary jurisdiction that the occupier of that land prevents the owner from executing any work which he is required to execute under this Part, the court may order the occupier to permit the execution of the work.

(13) Subject to Article 69, an enforcement notice shall take effect on a date specified in it.

(14) The Department may withdraw an enforcement notice (without prejudice to its power to issue another) at any time before it takes effect.

(15) If it does so the Department shall forthwith give notice of the withdrawal to every person who was served with a copy of the notice.

(16) Where—

(a)an enforcement notice has been issued in respect of development consisting of the erection of a building or the carrying out of works without the grant of planning permission; and

(b)the notice has required the taking of steps for a purpose mentioned in paragraph (10)(b); and

(c)the steps have been taken,

for the purposes of this Order planning permission for the retention of the building or works as they are as a result of compliance with the notice shall be deemed to have been granted on an application for such permission made to the Department.

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