PLANNING AND DEVELOPMENT ACT 2005 - SECT 214
PLANNING AND DEVELOPMENT ACT 2005 - SECT 214
214 . Illegal development, responsible authority’s powers as to
(1) For the purposes
of subsections (2) and (3) —
(a) a
development is undertaken in contravention of a planning scheme or an interim
development order if the development —
(i)
is required to comply with the planning scheme or interim
development order; and
(ii)
is commenced, continued or carried out otherwise than in
accordance with the planning scheme or interim development order or otherwise
than in accordance with any condition imposed with respect to that development
by the responsible authority pursuant to its powers under that planning scheme
or interim development order;
(b) a
development is undertaken in contravention of planning control area
requirements if the development —
(i)
is commenced, continued or carried out in a planning
control area without the prior approval of that development obtained under
section 116; or
(ii)
is commenced, continued or carried out otherwise than in
accordance with the approval referred to in subparagraph (i) or otherwise than
in accordance with the conditions, if any, subject to which that approval is
given.
(2) If a development,
or any part of a development, is undertaken in contravention of a planning
scheme or an interim development order or in contravention of planning control
area requirements, the responsible authority may give a written direction to
the owner or any other person undertaking that development to stop, and not
recommence, the development or that part of the development that is undertaken
in contravention of the planning scheme, interim development order or planning
control area requirements.
(3) If a development
has been undertaken in contravention of a planning scheme or interim
development order or in contravention of planning control area requirements,
the responsible authority may give a written direction to the owner or any
other person who undertook the development —
(a) to
remove, pull down, take up, or alter the development; and
(b) to
restore the land as nearly as practicable to its condition immediately before
the development started, to the satisfaction of the responsible authority.
(4) The responsible
authority may give directions under subsections (2) and (3)(a) and (b) in
respect of the same development and in the same instrument.
(5) If it appears to a
responsible authority that delay in the execution of any work to be executed
under a planning scheme or interim development order would prejudice the
effective operation of the planning scheme or interim development order, the
responsible authority may give a written direction to the person whose duty it
is to execute the work to execute that work.
(6) A direction under
subsection (3) or (5) is to specify a time, being not less than 60 days after
the service of the direction, within which the direction is to be complied
with.
(7) A person who
—
(a)
fails to comply with a direction given to the person under subsection (2); or
(b)
fails to comply with a direction given to the person under subsection (3) or
(5) within the time specified in the direction, or within any further time
allowed by the responsible authority,
commits an offence.