Planning and Development Act 2000
Notice to require works to be carried out in relation to endangerment of protected structures.
59.—(1) Where, in the opinion of the planning authority, it is necessary to do so in order to prevent a protected structure situated within its functional area from becoming or continuing to be endangered, the authority shall serve on each person who is the owner or occupier of the protected structure a notice—
(a) specifying the works which the planning authority considers necessary in order to prevent the protected structure from becoming or continuing to be endangered, and
(b) requiring the person on whom the notice is being served to carry out those works within a specified period of not less than 8 weeks from the date the notice comes into effect under section 62.
(2) After serving notice under subsection (1) on a person, a planning authority may—
(a) at its discretion, assist the person in carrying out the works required under the notice, and
(b) provide such assistance in any form it considers appropriate, including advice, financial aid, materials, equipment and the services of the authority’s staff.
(3) Any person on whom a notice under subsection (1) has been served may, within 4 weeks from the date of service of the notice, make written representations to the planning authority concerning—
(a) the terms of the notice,
(b) the provision of assistance under subsection (2), and
(c) any other material considerations.
(4) After considering any representations made under subsection (3), the planning authority may confirm, amend or revoke the notice, and shall notify the person who made the representations of its decision.
(5) Particulars of a notice served under this section shall be entered in the register.
Annotations
Modifications (not altering text):
C148
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 9(9), (10), not commenced as of date of revision.
Exempted development
9. ...
(9) Development in accordance with a notice under subsection (1) of section 59, or subsection (2) of section 60, of the Act of 2000 commenced on or after the repeal of that section by section 6 shall be exempted development for the purposes of this Act.
(10) Development to which—
(a) a declaration under subsection (4) or (4A) of section 181B of the Act of 2000 applies, or
(b) a declaration under subparagraph (i) of paragraph (ba) of subsection (2A) of section 181 of the Act of 2000 applies,
shall be exempted development for the purposes of this Act.
C149
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329(1), not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
...