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

The wording refers to the balance of probabilities in any proceedings for an offence under subsection (4). There have been cases in the courts where a judge has ordered a structure to be put back in full or for elements of the structure to be reinstated. Section 284, which relates to notices to require restoration of character of protected structures and structures in architectural conservation areas, ACAs, states in subsection (1):

A planning authority may serve a notice on each person who is the owner or occupier of a structure situated within its functional area, if— (a) the structure is a protected structure and, in the opinion of the planning authority, it is necessary, in order to preserve the character of the structure or of any of its elements, that specified works be carried out in relation to it, or

(b) the structure is in an architectural conservation area and, in the opinion of the planning authority, it is necessary, in order to preserve the character of the architectural conservation area, that specified works be carried out in relation to the structure.

Subsection 284(2)(d) states that a notice under subsection 284(1) shall:

specify a period of not less than 8 weeks from the end of the period specified under paragraph (c) within which, unless otherwise agreed in the discussions under that paragraph, the works shall be carried out,

There is an obligation under these provisions on the owners of a protected structure or a structure in an ACA and a defined period for action is specified.