PLANNING AND DEVELOPMENT ACT 2005 - SECT 215

PLANNING AND DEVELOPMENT ACT 2005 - SECT 215

215 .         Illegal development, responsible authority’s powers to remove etc.

        (1)         If —

            (a)         a notice is served on a person under section 214(2), (3) or (5) and that person fails to —

                  (i)         carry out the directions within the time specified in the notice; or

                  (ii)         apply under section 255 for a review of any direction contained in the notice;

or

            (b)         on an application by that person for a review of any direction contained in the notice, the direction is confirmed or varied and the owner fails to carry out the direction as confirmed or varied within the time specified by the State Administrative Tribunal in the notice given under section 255(2),

                the responsible authority may itself remove, pull down, take up or alter the development, restore the land as nearly as practicable to its condition immediately before the development started, or execute that work, as it directed that person.

        (2)         Any expenses incurred by a responsible authority under subsection (1) may be recovered from the person to whom the direction was given as a debt due in a court of competent jurisdiction.