Planning and Development Act 2000

F893[Direction by Board to cease activity or operations or take remedial measures.

177L

177L. (1) Where the Board refuses an application for leave to apply for substitute consent under section 177D, or refuses to grant substitute consent under section 177K, it may give a draft direction in writing to the applicant concerned requiring him or her

(a) to cease within the period specified in the draft direction, all or part of his or her activity or operations on or at the site of the development the subject of the application, where the Board forms the opinion that the continuation of all or part of the activity or operations is likely to cause significant adverse effects on the environment or adverse effects on the integrity of a European site, or

(b) to take such remedial measures, within the period specified in the draft direction, as the Board considers are necessary for either or both of the following:

(i) to restore the site on or at which the development referred to in the application is situated, to a safe and environmentally sustainable condition;

(ii) to avoid, in a European site the deterioration of natural habitats and the habitats of species or the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant in relation to the objectives of the Habitats Directive.

(2) A draft direction referred to in subsection (1) shall give the reasons the Board considers that the specified measures are necessary and shall inform the person to whom the direction is sent that he or she may make submissions or observations to the Board in relation to the notice within 4 weeks of the date of the notice.

(3) Where the Board gives a draft direction to a person under subsection (1) it shall at the same time send a copy of the direction to the relevant planning authority and shall inform the planning authority that it may make submissions or observations to the Board in relation to the direction within 4 weeks of the date of the notice.

(4) In relation to the remedial measures that may be specified a draft direction issued under subsection (1) shall direct the person to whom the direction is given

(a) to take the remedial measures specified in the draft direction,

(b) to keep records of the remedial measures being carried out in accordance with the draft direction,

(c) to carry out the remedial measures in such order, specified in the draft direction, as the Board considers appropriate,

(d) to comply with any requirements relating to monitoring and inspection, by the relevant planning authority, of the remedial measures specified in the draft direction,

(e) to carry out the remedial measures within the period of time specified in the draft direction.

(5) The Board shall consider any submissions or observations in relation to the draft direction made to it, within 4 weeks of the date of the draft direction by the person to whom the direction was issued or the relevant planning authority and shall, as soon as may be

(a) issue a direction to the applicant confirming the draft direction, or

(b) issue a direction to the applicant varying the draft direction, or

(c) withdraw the draft direction,

and shall send a copy of the direction to the relevant planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be.

(6) A person who fails to comply with a direction issued by the Board under F894[subsection (5)] within the period specified in the direction shall be guilty of an offence and shall be liable

(a) on summary conviction, to a fine not exceeding 5,000, or to imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding 12,600,000 or to imprisonment for a term not exceeding 2 years.

(7) Where a person is convicted of an offence referred to in subsection (6) and there is a continuation by him or her of the offence after his or her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable

(a) on summary conviction, to a fine not exceeding 500 for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 6 months, or

(b) on conviction on indictment, to a fine not exceeding 12,600 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years.

(8) Insofar as a direction is issued requiring the taking of remedial measures in respect of a development referred to in section 157(4)(aa), such remedial measures may be required in relation to such development that was carried out at any time, but not more than 7 years prior to the date on which this section comes into operation.

(9) Where monitoring and inspection of remedial measures by a planning authority are specified in a direction under this section, the planning authority shall carry out the monitoring and inspection in accordance with the direction.]

Annotations

Amendments:

F893

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.

F894

Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 9.

F895

Deleted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 31, not commenced as of date of revision.

Modifications (not altering text):

C152

Prospective affecting provision: subs. (1) amended by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 31, not commenced as of date of revision.

177L.— (1) Where the Board F895[] refuses to grant substitute consent under section 177K, it may give a draft direction in writing to the applicant concerned requiring him or her—