Section 18Part 3 — Control of Development of Land
Enforcement of planning control
←→ Navigate · Click subsection badges to collapse · Press ? for help
If it appears to the Director that any development of land has been carried out after the appointed day without the grant of permission required in that behalf under this Part, or that any conditions subject to which such permission was granted in respect of any development have not been complied with, then the Director may, within five years of such development being carried out, or in the case of non-compliance with a condition, within five years after the date of the alleged failure to comply with it, if the Director considers it expedient so to do having regard to the provisions of the development plan and to any other material considerations, serve on the owner and occupier of the land a notice under this section.
Where a prospective purchaser of any land serves notice on the Director that —
that person intends purchasing land described in the notice; and
that person is unaware of any development having been carried out on that land without the grant of permission in that behalf,
then, unless the Director, within thirty-eight days of the receipt of such notice notifies such prospective purchaser of any development which has been carried out on that land without permission granted in that behalf, then all development thereon at the time of the receipt of such notice by the Director shall, for the purposes of any enforcement notice thereafter issued, be deemed to have been permitted by the Director.
Any notice served under subsection (1) (in this Act called an "enforcement notice") shall specify the development that is alleged to have been carried out without the grant of such permission as aforesaid or, as the case may be, the matters in respect of which it is alleged that any such conditions as aforesaid have not been complied with, and may require the taking of such steps as may be specified for restoring the land to its condition before the development took place, or for securing compliance with the conditions, as the case may be and in particular any such notice may, for the purpose aforesaid, require the demolition or alteration of any buildings or works, the discontinuance of any use of the land or the carrying out on land of any building or other operations.
An enforcement notice requiring the removal, or discontinuance of the display, of an advertisement or sign shall have effect in respect of the whole of the parcel (as defined in the Registered Land Act (2004 Revision)) on which the advertisement or sign is displayed.
Except as otherwise provided in this section, an enforcement notice shall take effect at the expiration of such period after the service thereof, as may be specified therein.
When, within the period mentioned in subsection (5), an application is made to the Director under this Part for permission —
for the retention on the land of any buildings or works to which the enforcement notice relates; or
for the continuance of any use of the land to which the enforcement notice relates,
the operation of the enforcement notice shall be suspended pending the final determination of the application, and if the permission applied for is granted on that application, the enforcement notice shall not take effect.
When within the period mentioned in subsection (5), an appeal is made to the Authority under section 19 by a person on whom the enforcement notice was served, the operation of the enforcement notice shall be suspended pending the final determination or withdrawal of the appeal.
After the expiry of a period of five days from the date of service of an enforcement notice requiring the removal, or discontinuance of the display, of an advertisement or sign, the Director, or a person authorised by the Director, may remove the advertisement or sign and dispose of it fifteen days after the removal.
Defined Terms
enforcement notice
Cross References
- Section of Registered Land Actexternal
Registered Land Act (2004 Revision), definition of "parcel"