Economic Development Act 2012
sec.111Orders Magistrates Court may make in PDA offence proceeding
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sec.111 Orders Magistrates Court may make in PDA offence proceeding
If a Magistrates Court convicts a defendant of a PDA development offence, the court may make an order against the defendant that the court considers appropriate. The order may be made in addition to, or in substitution for, any penalty the court may otherwise impose. The order may require the defendant— to stop development or carrying on a use; or to demolish or remove work carried out; or to restore, as far as practicable, premises to the condition the premises were in immediately before development or use of the premises started; or to do, or not to do, another act to ensure development or use of the premises complies with a PDA development approval or a relevant development instrument; or for development that has started—to make a PDA development application for the development. The order must state the time by which, or period within which, the order must be complied with. s 111 amd 2019 No. 11 s 98 (sec.111-ssec.1) If a Magistrates Court convicts a defendant of a PDA development offence, the court may make an order against the defendant that the court considers appropriate. (sec.111-ssec.2) The order may be made in addition to, or in substitution for, any penalty the court may otherwise impose. (sec.111-ssec.3) The order may require the defendant— to stop development or carrying on a use; or to demolish or remove work carried out; or to restore, as far as practicable, premises to the condition the premises were in immediately before development or use of the premises started; or to do, or not to do, another act to ensure development or use of the premises complies with a PDA development approval or a relevant development instrument; or for development that has started—to make a PDA development application for the development. (sec.111-ssec.4) The order must state the time by which, or period within which, the order must be complied with.
- (a) to stop development or carrying on a use; or
- (b) to demolish or remove work carried out; or
- (c) to restore, as far as practicable, premises to the condition the premises were in immediately before development or use of the premises started; or
- (d) to do, or not to do, another act to ensure development or use of the premises complies with a PDA development approval or a relevant development instrument; or
- (e) for development that has started—to make a PDA development application for the development.