Derelict Sites Act 1990

Power of local authority to require measures to be taken in relation to derelict sites.

11

11. (1) Where—

( a) in the opinion of a local authority it is necessary to do so, in order to prevent land situate in their functional area from becoming or continuing to be a derelict site, or

( b) a local authority have been directed to do so by the Minister under section 12,

they shall serve a notice in writing on any person who appears to them to be the owner or occupier of the said land.

(2) A notice under this section shall—

( a) specify the measures which the local authority or the Minister, as the case may be, consider to be necessary in order to prevent the land from becoming or continuing to be a derelict site,

( b) direct the person on whom the notice is being served to take such measures as may be specified in the notice, and

( c) specify a period (being not less than one month) within which such measures are to be taken; provided, however, the notice shall not have effect until—

(i) the expiration of fourteen days from the date of service of the notice, or

(ii) if any representations are made under subsection (3), the date on which the local authority notify the person making such representations that they have considered the said representations.

(3) Any person who is the owner or occupier of land in respect of which a notice has been served under this section may, within fourteen days from the date of the service of the notice, make such representations in writing as he thinks fit to the local authority concerning the terms of the notice and the said authority, having considered such representations, may amend or revoke the notice.

(4) Any person who is the owner or occupier of land in respect of which a notice has been served under this section shall, within the period specified in the notice, comply with the requirements of the notice, or, as the case may be, the notice as amended.

(5) Where a person on whom a notice under this section has been served does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice, the local authority who served the notice may take such steps (including entry on land by authorised persons in accordance with section 30 ) as they consider reasonable and necessary to give effect to the terms of the notice or the notice as amended, as the case may be, and may recover any expense thereby incurred from the person on whom the notice or the notice as amended, as the case may be, was served and who is the owner or occupier as a simple contract debt in any court of competent jurisdiction.

(6) The carrying out of any works, within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1983, which are specified in a notice or in the notice as amended, as the case may be, under this section shall be exempted development for the purposes of those Acts.

(7) Any person served with a notice or with the notice as amended, as the case may be, under this section who is the owner of the land in respect of which a notice has been served, and his servants or agents, may enter the land and undertake the measures required to be done under the notice.

Annotations:

Editorial Notes:

E27

Obligation imposed on sanitary authority to consider issuing a notice under section in respect of a protected structure or a proposed structure prior to issuing a notice under Local Government (Sanitary Services) Act 1964 (29/1964), s. 3(1) (21.01.2002) by Planning and Development Act 2000 (30/2000), s. 79, S.I. No. 599 of 2001.

E28

Previous affecting provision: obligation imposed on sanitary authority to consider issuing a notice under section in respect of a protected structure or a proposed structure before issuing a notice under s. 3(1) Local Governmemt (Sanitary Services) Act 1964 (29/1964) (1.01.2000) by Local Government (Planning and Development) Act 1999 (17/1999), s. 30(1)(b), commenced as per s. 42(3); repealed (21.01.2002) by Planning and Development Act 2000 (30/2000), s. 264 and sch. 6, S.I. No. 599 of 2001.