Podcast
Questions and Answers
What may a Planning Authority require if it appears necessary for proper planning?
What may a Planning Authority require if it appears necessary for proper planning?
What action can a Planning Authority take regarding existing buildings or works?
What action can a Planning Authority take regarding existing buildings or works?
How long must the period specified in the notice be for compliance?
How long must the period specified in the notice be for compliance?
Who can appeal against the notice served by the Planning Authority?
Who can appeal against the notice served by the Planning Authority?
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What is the outcome possible from an appeal to the State Government regarding a notice?
What is the outcome possible from an appeal to the State Government regarding a notice?
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What interests does the Planning Authority consider when assessing the need for action?
What interests does the Planning Authority consider when assessing the need for action?
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What must happen before an appeal to the State Government is decided?
What must happen before an appeal to the State Government is decided?
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What are the possible requirements that the Planning Authority can specify in a notice?
What are the possible requirements that the Planning Authority can specify in a notice?
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Which of the following statements is true regarding the Planning Authority's powers?
Which of the following statements is true regarding the Planning Authority's powers?
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Who is entitled to claim compensation under the provisions?
Who is entitled to claim compensation under the provisions?
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What type of damage may a person claim compensation for?
What type of damage may a person claim compensation for?
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What must a person do within the specified period after receiving a notice?
What must a person do within the specified period after receiving a notice?
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What provisions apply to a claim for compensation made under the notice?
What provisions apply to a claim for compensation made under the notice?
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What happens if a person believes their land is incapable of reasonably beneficial use after compliance with a notice?
What happens if a person believes their land is incapable of reasonably beneficial use after compliance with a notice?
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In which case would a person not be eligible to claim compensation for compliance with the notice?
In which case would a person not be eligible to claim compensation for compliance with the notice?
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What is the time frame provided for a person to serve a purchase notice?
What is the time frame provided for a person to serve a purchase notice?
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What type of expenses might a claim for compensation include?
What type of expenses might a claim for compensation include?
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Study Notes
Power to Require Removal of Unauthorized Development or Use
- Planning Authority can mandate discontinuation, conditional continuation, or alteration/removal of land use following development plan assessments.
- Notice is served to owners detailing required actions:
- Discontinue unauthorized land use.
- Impose specific conditions for continued use.
- Require alterations or removal of buildings or works.
- Minimum compliance period stipulated is one month after notice service.
Right to Appeal
- Individuals aggrieved by the notice may appeal to the State Government within the specified period.
- The State Government or appointed representative hears both the appellant and Planning Authority before deciding to dismiss or modify the notice.
Compensation Provisions
- Compensation claims can be made by those experiencing:
- Depreciation of land interest due to compliance.
- Disturbance or interruption in enjoyment of the land.
- Expenses incurred from required compliance.
- Claims for compensation follow procedures laid out in sections 51(2) and 51(3).
Purchase Notice
- Landowners can serve a purchase notice to the State Government if compliance with the notice renders the land incapable of reasonable beneficial use.
- Relevant provisions of section 49 apply to handling purchase notices under this authority.
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Description
This quiz covers the powers of Planning Authorities regarding the removal of unauthorized development or use. It explores the conditions under which a planning authority can intervene in land use and the implications for proper planning in their areas. Test your knowledge on planning regulations and development control.