On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 15/12/1998.
28.
—(1) The competent authority may issue an enforcement notice where it appears to him that there has been a breach of planning control.
(2) An enforcement notice shall specify the steps the competent authority requires to be taken, or the activities on or the 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.
(3) An enforcement notice may, in particular, require —
(a)
the alteration, demolition or removal of any building or works;
(b)
the carrying out of any building or other operations;
(c)
the cessation, either wholly or to the extent specified in the notice, of any activity on or use of the land; or
(d)
the removal from the land of all property and materials used in connection with the breach of planning control.
(4) Where the enforcement notice relates to unauthorised works in a conservation area, the notice may also include —
(a)
a requirement to restore any building on the land to its former state;
(b)
if the competent 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
(c)
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.
(5) An enforcement notice shall specify —
(a)
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
(b)
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 the use of the land required by the notice to cease shall cease.
(6) A copy of an enforcement notice may be served on any one or more of the following:
(a)
any owner of the land to which it relates;
(b)
any occupier of that land; or
(c)
any other person who appears to the competent authority to have been responsible for or participated in the breach of planning control.
(7) An enforcement notice shall continue to have effect until and to the extent that the notice is —
(a)
superseded by a grant of planning permission or conservation permission under section 14;
(b)
superseded by a notification under section 21(6); or
(c)
withdrawn by the competent authority.
(8) Compliance with the requirements of an enforcement notice, whether in respect of —
(a)
the completion, demolition, removal or alteration of any building or works;
(b)
the discontinuance of any activity on or use of the land; or
(c)
in any other manner,
shall not discharge the notice.
(9) Except by way of an appeal to the Minister under section 29, the validity of an enforcement notice shall not be questioned in any court or proceedings whatsoever.