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Planning and Development Act 2000
Repair and tidying of advertisement structures and advertisements.
209.—(1) If it appears to a planning authority that, having regard to the interests of public safety or amenity, an advertisement structure or advertisement in its area should be repaired or tidied, the planning authority may serve on the person having control of the structure or advertisement a notice requiring that person to repair or tidy the advertisement structure or advertisement within a specified period.
(2) If it appears to a planning authority that any advertisement structure or advertisement is derelict, the planning authority may serve on the person having control of the structure or advertisement a notice requiring that person to remove the advertisement structure or advertisement within a specified period.
(3) If within the period specified in a notice under this section, the advertisement structure or advertisement is not repaired or tidied, or removed, as the case may be, the planning authority may enter on the land on which the structure is situate or the advertisement is exhibited and repair, tidy or remove the structure or advertisement and may recover as a simple contract debt in any court of competent jurisdiction from the person having control of the structure or advertisement any expenses reasonably incurred by it in that behalf.
Annotations
Modifications (not altering text):
C347
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 274(4), not commenced as of date of revision.
Repair and tidying of advertisement structures and advertisements
274.— …
(4) Section 209 of the Act of 2000 shall, in relation to a notice served under that section before the repeal of that section by section 6, continue to have effect on and after such repeal.
C348
Certain decisions, acts or omissions made subject to new judicial review provisions by Planning and Development Act 2024 (34/2024), s. 303A, as inserted (12.08.2026) by Planning and Development (Amendment) Act 2026 (27/2026), s. 115, S.I. No. 414 of 2026, art. 2(c).
[Application of Chapter 1 to certain decisions or acts under Act of 2000
303A. (1) Subject to subsection (2), Chapter 1 shall apply to—
(a) any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, and
(b) any alleged failure of an Act of 2000 body to perform a function referred to in paragraph (a), as it applies to a decision made or act done in the performance, or purported performance, of a function by a relevant body under this Act, or the alleged failure by a relevant body to perform such a function.
(2) Chapter 1 shall apply and have effect, in accordance with subsection (1)—
(a) as if, in subsection (1) of section 279, the following paragraph were substituted for paragraph (a):
"(a) questions the validity of any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, or questions the alleged failure of an Act of 2000 body to perform such a function, and",
(b) as if, in subsection (2) of section 279, the following paragraphs were substituted for paragraphs (a) and (b):
"(a) question the validity of any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, or
(b) question the alleged failure of an Act of 2000 body to perform a function referred to in paragraph (a),",
and
(c) subject to the following and any other necessary modifications:
(i) references in that Chapter to a relevant body shall be construed as references to an Act of 2000 body;
(ii) references in that Chapter to Part 9 judicial review shall be construed in accordance with section 279 as modified by paragraphs (a) and (b);
(iii) references in that Chapter to this Act shall be construed as including the Act of 2000.
(3) Proceedings commenced under Chapter 1 as it applies in accordance with this section shall not be considered to be Part 9 judicial review proceedings for the purposes of Chapter 2.
(4) In this section—
"Act of 2000 body" means a planning authority (within the meaning of the Act of 2000), a local authority (within the meaning of the Act of 2000), the Commission, or the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019);
"Act of 2000 procedure" means a procedure under the Act of 2000 (including as that Act continues to apply and have effect in accordance with this Act following the repeal of any provision of it under section 6) that is initiated on or after the operative date by— ...
(an) a notice served under subsection (1) or (2) of section 209 of the Act of 2000,
...
"operative date" means the date of the coming into operation of section 115 of the Planning and Development (Amendment) Act 2026.]