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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 46

46.(1) If, within the period specified in an enforcement notice for compliance
therewith, or within such extended period as the Ministry may allow, any steps
required by the notice to be taken (other than the discontinuance of a use of
land) have not been taken, a person authorised in writing by the Ministry may
enter upon the land and take those steps and the Ministry may recover from the
person who is then the owner of the land any expenses reasonably incurred by
it in that behalf and those expenses shall be a civil debt recoverable
summarily.

(2) Any expenses incurred by the owner or occupier of any land for the
purposes of complying with an enforcement notice in respect of any breach of
planning control, and any sums paid by the owner of any land under paragraph
(1), in respect of expenses incurred by the Ministry in taking steps required
to be taken by such a notice, shall be deemed to be incurred for the use and
at the request of the person by whom the breach of planning control was
committed.

(3) The Ministry may sell any materials which have been removed by it from any
land when carrying into effect this Part if, before the expiration of three
days from their removal, they are not claimed by their owner and taken away by
him.

(4) Where the Ministry sells any materials under paragraph (3), it shall pay
the proceeds to the person to whom the materials belonged after deducting the
amount of any expenses recoverable by it from him.

(5) Paragraphs (3) and (4) do not apply to refuse removed by the Ministry.

(6) Where the Ministry claims to recover any expenses under this Article from
a person as being the owner of the land in respect of which the expenses were
incurred and that person proves that he

(a)is receiving the rent of that land merely as agent or trustee for some
other person; and

(b)has not, and since the date of the service on him of a demand for payment
has not had, in his hands on behalf of that other person sufficient money to
discharge the whole demand of the Ministry,

(7) Any expenses recoverable by the Ministry under this Article shall, until
recovered, be deemed to be charged on and payable out of the estate in the
land in relation to which they have been incurred, of the owner of the land
and of any person deriving title from him.

(8) The charge created by paragraph (7) shall be enforceable in all respects
as if it were a valid mortgage by deed created in favour of the Ministry by
the person on whose estate the charge has been created (with, where necessary,
any authorisation or consent required by law) and the Ministry may exercise
the powers conferred by sections 19, 21 and 22 of the Conveyancing Act 1881 on
mortgages by deed accordingly.

© 1972 Crown Copyright

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