Oireachtas Joint and Select Committees

Tuesday, 26 March 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Under this section it is the duty of the owners to protect structures from endangerment. Section 281 (4) provides that "Any person who, without lawful authority, endangers a protected structure or a proposed protected structure shall be guilty of an offence.".

Section 281(5) states:

In any proceedings for an offence under subsection (4), it shall be a defence for the defendant to prove, on the balance of probabilities, that the endangerment of the protected structure or proposed protected structure resulted from works which were—

(a) urgently required in order to avoid further or other endangerment...

This relates to temporary works that need to be carried out to protect a structure from falling down or, as Deputy Ó Snodaigh mentioned, to prevent water ingress into a roof. They are works undertaken to protect the structure. This provision does not remove the obligation and opportunity for the owner of a premises to bring that structure back to a good conservation standard.

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