Planning and Development (Amendment) Act 2010

45.

Amendment of section 153 of Principal Act.

45.— Section 153 of the Principal Act is amended:

( a) in subsection (1), by the insertion of “or make an application under section 160” after “issue an enforcement notice”,

( b) by the insertion of the following new subsections after subsection (5):

“(6) The planning authority instead of issuing an enforcement notice under this section, may decide to make an application under section 160.

(7) Where a planning authority establishes, following an investigation under this section that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out and the person who has carried out or is carrying out the development has not proceeded to remedy the position, then the authority shall issue an enforcement notice under this section or make an application pursuant to section 160 unless there are compelling reasons for not doing so.”.