Town and Country Planning Act · 2022 Revised Edition · Part · Enforcement
36. Enforcement notices
Official textFrom Attorney General's Chambers, unchanged
The Planning Authority may issue an enforcement notice where it appears to him that there has been a breach of planning control.
Planning Authority
“Planning Authority”, in relation to this Act or any Part or provision of this Act, means the person or persons appointed under section 6(1) to be responsible for the operation of this Act or that Part or provision;
An enforcement notice shall specify the steps the Planning
Authority requires to be taken, or the activities on or use of the land he requires to cease, in order to remedy (wholly or partly) the breach of planning control or to remedy any injury to any amenities caused by the breach.
land
“land” includes buildings, land covered by water and any estate or interest in or right over land;
An enforcement notice may, in particular, require —
the alteration, demolition or removal of any building or works;
the carrying out of any building works or other operations;
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the cessation, either wholly or to the extent specified in the notice, of any activity on or use of the land; or
the removal from the land of all property and materials used in connection with the breach of planning control.
Where the enforcement notice relates to unauthorised works in a conservation area, the notice may also include —
conservation area
“conservation area” means an area designated by the Minister in accordance with sections 5, 17 and 20;
a requirement to restore any building on the land to its former state;
if the Planning Authority considers that such restoration is not reasonably practicable or undesirable, a requirement to execute such works as he may specify in the notice to alleviate the effect of the unauthorised works; or
a requirement to bring any building to the state in which it would have been if the terms and conditions of any conservation permission granted in respect of the building had been complied with.
An enforcement notice shall specify —
the date on which it is to take effect, which shall not be less than 14 days from the date of service of the notice; and
the period (which shall run from the date the enforcement notice takes effect) within which any step required by the notice shall be taken or any activity on or use of the land required by the notice to cease shall cease.
A copy of an enforcement notice may be served on any one or more of the following —
any owner of the land to which it relates;
any occupier of that land; or
any other person who appears to the Planning Authority to have been responsible for or participated in the breach of planning control.
Town and Country Planning
An enforcement notice shall continue to have effect until and to the extent that the notice is —
superseded by a grant of planning permission or conservation permission under section 25;
superseded by a notification under section 30(6); or
withdrawn by the Planning Authority.
Compliance with the requirements of an enforcement notice, whether in respect of —
the completion, demolition, removal, or alteration of any building or works;
the discontinuance of any activity on or use of the land; or
in any other manner, shall not discharge the notice.
Except by way of an appeal to the Minister under section 37, the validity of an enforcement notice shall not be questioned in any court or proceedings whatsoever.
Minister
“Minister” means the Minister responsible for town and country planning;
Terms defined in s 2
breach of planning control
Defined · s 2“breach of planning control” means — (a) the carrying out of any development of land without the requisite planning permission; (b) the carrying out of works in a conservation area without the requisite conservation permission; or (c) any failure to comply with any condition subject to which planning permission or conservation permission was granted;
building
Defined · s 2“building” includes any house, hut, shed or roofed enclosure (whether used for the purpose of human habitation or otherwise) and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure or foundation connected to the foregoing;
conservation area
Defined · s 2“conservation area” means an area designated by the Minister in accordance with sections 5, 17 and 20;
conservation permission
Defined · s 2“conservation permission” means permission referred to in section 23(4);
land
Defined · s 2“land” includes buildings, land covered by water and any estate or interest in or right over land;
Minister
Defined · s 2“Minister” means the Minister responsible for town and country planning;
occupier
Defined · s 2“occupier” includes any person in actual occupation of land or premises or any person having the charge, management or control of the land or premises either on his own account or as an agent of another person, but does not include a lodger;
owner
Defined · s 2“owner”, in relation to land or premises, means — (a) the owner as shown in the Register kept under section 7 of the Land Code or his legally appointed representative; (b) the person for the time being receiving the rent of the land or premises whether on his own account or as trustee for any other person or as receiver (not being appointed by or on behalf of a mortgagee) or the person who would receive the rent if the land or premises were let to a tenant and includes — (i) a mortgagee in possession; and (ii) the purchaser of a newly constructed premises or part thereof in respect of which a temporary occupation permit or a certificate of statutory completion has been granted;
Planning Authority
Defined · s 2“Planning Authority”, in relation to this Act or any Part or provision of this Act, means the person or persons appointed under section 6(1) to be responsible for the operation of this Act or that Part or provision;
planning permission
Defined · s 2“planning permission” means permission referred to in section 23(2);