PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 42



42.(1) Where it appears to the Ministry that there has been a breach of
planning control then, subject to this Article, the Ministry, if it considers
it expedient to do so having regard to the provisions of the development plan
and to any other material considerations, may serve a notice under this
Article (in this Order referred to as an "enforcement notice") requiring the
breach to be remedied.

(2) There is a breach of planning control if development has been carried out,
whether before or after the commencement of this Order

(a)without the grant of planning permission required in that behalf in
accordance with the Act of 1944 or Part IV of this Order; or

(b)if any conditions or limitations subject to which planning permission was
granted have not been complied with.

[(3) Where an enforcement notice relates to a breach of planning control
consisting in

(a)the carrying out without planning permission of building, engineering,
mining or other operations in, on, over, or under land; or

(b)the failure to comply with any condition or limitation which relates to the
carrying out of such operations and subject to which planning permission was
granted for the development of that land; or

(c)the making without planning permission of a change of use of any building
to use as a single dwelling-house,

(4) An enforcement notice shall be served on the owner and on the occupier of
the land to which it relates and on any other person having an estate in that
land, being an estate which in the opinion of the Ministry is materially
affected by the notice.

(5) An enforcement notice shall specify

(a)the matters alleged to constitute a breach of planning control;

(b)the steps required by the Ministry to be taken in order to remedy the
breach, that is to say steps for the purpose of restoring the land to its
condition before the development took place or (according to the particular
circumstances of the breach) of securing compliance with the conditions or
limitations subject to which planning permission was granted; and

(c)the period for compliance with the notice, that is to say the period
(beginning with the date when the notice takes effect) within which those
steps are required to be taken.

(6) The steps which may be required by an enforcement notice to be taken
include the demolition or alteration of any buildings or works, the
discontinuance of any use of land, or the carrying out on land of any building
or other operations.

(7) Subject to paragraphs (8) and (9), an enforcement notice shall take effect
at the end of such period (not being less than twenty-eight days from the date
of service of the notice) as may be specified in the notice.

(8) If within the period specified under paragraph (7) an application for
planning permission is made for permission for the retention on the land of
any buildings or works, or for the continuance of any use of the land, to
which the enforcement notice relates, the notice shall be of no effect pending
the final determination of that application.

(9) Where an appeal is brought under Article 43 the enforcement notice shall
be of no effect pending the final determination or the withdrawal of the
appeal.

(10) If on a complaint by the owner of any land, it appears to a court of
summary jurisdiction that the occupier of that land prevents the owner from
executing any work which he is required to execute under this Part, the court
may order the occupier to permit the execution of the work.

(11) The Ministry may withdraw an enforcement notice (without prejudice to its
power to serve another) at any time before it takes effect; and if it does so
it shall forthwith give notice of the withdrawal to every person who was
served with the notice.

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 42