Section 19Part 3 — Control of Development of Land
Appeal against enforcement notice
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A person having an interest in the land to which an enforcement notice relates may, within fourteen days of service of the notice, appeal to the Authority against the notice, whether or not a copy of it has been served on that person.
An appeal may be brought on the grounds that —
the matters alleged in the enforcement notice do not constitute a breach of planning control;
the breach of planning control alleged in the enforcement notice has not taken place;
the appellant, being a prospective purchaser of the land to which the enforcement notice relates, had served notice on the Director in accordance with section 18(2) and that the Director has failed to notify the appellant that the development to which the enforcement notice relates had been carried out without permission;
the breach of planning control alleged by the enforcement notice occurred on a date earlier than five years before the date on which the notice was served;
the steps required by the enforcement notice to be taken exceed what is necessary to remedy any breach of planning control or to achieve a purpose specified in section 18(3); or
the period specified in the enforcement notice as the period within which any step is to be taken falls short of what should reasonably be allowed.
On any appeal under this section, the Authority —
if satisfied that grounds (a), (b), (c) or (d) of subsection (2) have been proven, shall quash the enforcement notice;
if satisfied that a variation of the enforcement notice on grounds (e) or (f) or both of subsection (2) would be appropriate, may vary the notice accordingly; or
in any other case, shall dismiss the appeal.
Where the enforcement notice is varied or the appeal dismissed, the notice, unless the Authority otherwise directs, shall take effect on the date of determination of the appeal.
Repealed by section 16 of the Development and Planning (Amendment) Act, 2014 [Law 19 of 2014].