Section 48:
consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
48. Orders that may be made by permit authority
(1) The permit authority may order the owner of, or such other person
managing, the premises to—
(a) cease using premises for such purpose as may be specified in
the order, where the premises are being used—
(i) for a purpose that is not permitted under the National Development Strategy, a planning policy guidance, a simplified planning zone or a development plan;
(ii) without a development permit, where such permit is required; or
(iii) in breach of a development permit;
(b) take such measures as may be specified in the order to ensure or
promote adequate fire safety or fire safety awareness, or to ensure that the premises do not constitute a significant fire hazard;
(c) take such measures as may be necessary to comply with this
Act, where the building has been unlawfully erected or does not
comply with this Act.
(2) The permit authority may order—
(a) the owner of a building to demolish or remove the building
where the building—
(i) is erected without a prior development permit where a
permit is required;
(ii) is erected in breach of the development permit, the National Development Strategy, a planning policy guidance, a
Simplified Planning Zone Scheme or a development plan;
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Planning and Development Act
(b) the owner of, or person managing, the premises to repair or
make such structural repairs as may be specified in the order,
where the building is or is likely to become a danger to its occupants or to the public or to become a source of nuisance.
(3) Where any advertisement is unsightly, objectionable or injurious to
the amenity of the surrounding natural landscape, or the advertising structure
on which the advertisement is placed is erected in breach of this Act or any
other enactment, the permit authority may order—
(a) the person who caused the advertisement to be displayed or the
advertising structure to be erected; or
(b) the owner or occupier of the premises on which the advertisement is displayed or the advertising structure is erected,
to alter, demolish or remove the advertisement or advertising structure, as
the case may be.
(4) The permit authority may order any owner or occupier of land on
which a building is to be erected or demolished, or any work is to be carried
out or demolished, to install on or around the building such structure or appliance as may be necessary to protect persons or property, whether in a
private or in a public place.
(S. 48 not in operation.)
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Questions this section answers
- Can the permit authority order me to stop using my premises for an unauthorised purpose?
- Can the permit authority order me to demolish a building erected without a permit?