[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> PLANNING (NORTHERN IRELAND) ORDER 1972

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 43

43.(1) A person on whom an enforcement notice is served or any other person
having an estate in the land may, at any time within the period specified in
the notice as the period at the end of which it is to take effect, appeal to a
court of summary jurisdiction for the petty sessions district within which the
land to which the notice relates is situated against the notice on any of the
following grounds

(a)that the matters alleged in the notice do not constitute a breach of
planning control;

<(ba)where a notice does not fall within sub-paragraph (b), that the breach of planning control occurred before the beginning of the period of four years before the commencement of Article 7 of the Planning (Amendment) (Northern Ireland) Order 1978;]


(c)that the enforcement notice was not served as required by Article 42(4);

(d)that the steps required by the notice to be taken exceed what is necessary
to remedy any breach of planning control;

(e)that the specified period for compliance with the notice falls short of
what should reasonably be allowed.

(2) On an appeal under this Article

(a)the court may correct any informality, defect or error in the enforcement
notice if it is satisfied that the informality, defect or error is not
material;

(b)in a case where it would otherwise be a ground for determining the appeal
in favour of the appellant that a person required by Article 42(4) to be
served with the notice was not served, the court may disregard that fact if
neither the appellant nor the person has been substantially prejudiced by the
failure to serve him.

(3) The court shall quash the enforcement notice, vary the terms of the notice
in favour of the appellant or uphold the notice.

© 1972 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/pio1972294/s1972.html