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22 1934

TOWN AND REGIONAL PLANNING ACT, 1934

PART VII.

Permission and Prohibition of Erection, etc., of Structures.

Control of constructive and other work for planning scheme.

57. —(1) When a planning authority has passed a resolution for the making of a planning scheme such planning authority may, at any time after passing such resolution and before such planning scheme comes into operation, do all or any of the following things, that is to say:—

(a) grant to any person applying therefor permission in writing to construct, demolish, alter, extend, repair, or renew a particular structure in the area to which such planning scheme is proposed to relate;

(b) grant, either on the application of some person interested or without any such application, a permission applicable to the whole of the said area or to a particular part thereof only for the construction, demolition, alteration, extension, repair, or renewal of structures of a particular class or classes;

(c) prohibit the further proceeding with the construction, demolition, alteration, extension, repair, or renewal of any particular structure situate in the said area.

(2) A planning authority may attach to a permission granted under this section such (if any) conditions as they think proper and specify in such permission.

(3) A planning authority may at any time revoke or amend a general permission previously granted by such authority, but such revocation or amendment shall not prejudice or affect the validity of such general permission during any period prior to such revocation or amendment.

(4) A special prohibition made by a planning authority may either (as such planning authority shall think proper) prohibit absolutely the further proceeding with the work to which such special prohibition relates or prohibit the further proceeding with such work otherwise than under and in accordance with conditions specified in such special prohibition.

(5) A special prohibition may be made by a planning authority notwithstanding that the work to which such special prohibition relates is, at the date of the making of such special prohibition, within the permission afforded by a general permission previously granted by such planning authority.

(6) Where an application is duly made to a planning authority for a special permission or a general permission under this section and no decision on such application is made by such planning authority within two months after the date of such application, such application shall be deemed for all purposes to have been granted by such planning authority at the expiration of the said period of two months.

Power to make unlawful any contravention of a special prohibition.

58. —(1) When a planning authority has passed a resolution for the making of a planning scheme and has, before such planning scheme comes into operation, made a special prohibition in relation to any work, such planning authority may, if they are of opinion that the prejudicial effect of proceeding with or doing the work to which such special prohibition relates would be of such nature as to be incapable of being remedied after the coming into operation of such planning scheme, declare, at any time before such planning scheme comes into operation, that any contravention of such special prohibition before such coming into operation shall be unlawful.

(2) Without prejudice to any civil remedy which may be available in the circumstances to the planning authority or any other person, every person who proceeds with or does any work which is a contravention of a special prohibition and is by virtue of a declaration under this section an unlawful contravention of such prohibition shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued, or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine or fines and such imprisonment.

Appeal to Minister in relation to permission or prohibition.

59. —(1) Any person aggrieved by the grant or the refusal by a planning authority of a special permission or a general permission or by the making of a special prohibition by such planning authority may appeal within the prescribed time to the Minister and thereupon the Minister may do such one or more of the following things as are applicable to the case and he thinks proper, that is to say:—

(a) confirm the grant, refusal or prohibition the subject of such appeal;

(b) revoke the grant of the permission or the making of the prohibition which is the subject of such appeal;

(c) in the case of an appeal from a refusal to grant a permission, give the said permission with such (if any) omissions, and variations and subject to such (if any) conditions as he shall think proper;

(d) in the case of an appeal from the grant of a general or special permission, amend (by deletion, addition, or variation) such permission or the conditions attached to such permission and confirm such permission with and subject to such amendments;

(e) in the case of an appeal from the grant of a general permission or the making of a special prohibition, amend (by deletion, addition, or variation) the permission or prohibition (as the case may be) in relation to the statement therein of the area, lands, structures, work, and uses to which such permission or prohibition applies and confirm such permission or prohibition with and subject to such amendment;

(f) in the case of an appeal from the making of a special prohibition amend such special prohibition by inserting conditions therein or deleting conditions therefrom or varying conditions contained therein and confirm such special prohibition with and subject to such amendments;

(g) in the case of an appeal from a special prohibition any contravention of which has been declared by a planning authority to be unlawful, revoke such declaration.

(2) Where on an appeal under this section from the making of a special prohibition, such prohibition is revoked by the Minister, or is confirmed by the Minister with new conditions inserted therein or with amendments of the conditions contained therein, the Minister may, if he thinks proper, as part of his determination of the matters the subject of such appeal, direct the planning authority by whom such prohibition was made to pay to the person by whom such appeal was brought such sum as the Minister shall think proper to specify by way of compensation for loss suffered by such person by reason of such prohibition during the period between the making of such prohibition and the determination of such appeal.

(3) The determination by the Minister of an appeal under this section shall be final and, in so far as it directs a planning authority to do any act or thing, shall be complied with by such planning authority.

Compensation for compliance with condition.

60. —(1) Whenever a condition is attached to or inserted in a special permission, a general permission, or a special prohibition and the value of any property is reduced by the due and proper performance or observance of such condition, the provisions of this Act in relation to compensation payable by the responsible authority shall, upon the coming into operation of the planning scheme in connection with which such permission or prohibition was granted or made, apply as if such reduction in value had been occasioned by a restriction on the user of such property effected by a provision contained in such planning scheme.

(2) The foregoing sub-section of this section shall not apply or have effect where the condition referred to in that sub-section is of such nature that, if the planning scheme referred to in the said sub-section had been in operation when such condition was imposed, such condition could have been enforced by a provision in such planning scheme and no compensation would be payable under this Act on account of or arising from the coming into operation of such provision.