Issue of enforcement notice by councilsN.I.
138—(1) The council may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to the council—
(a)that there has been a breach of planning control in relation to any land in its district; 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) 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 council, is materially affected by the notice.
(3) 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.
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)
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. 138 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I2S. 138 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)