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28 1963

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963

PART II.

Financial Provisions.

Expenses of administration of Minister.

12. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas.

Charging of expenses of planning authority who are council of a county.

13. —Expenses under this Act of a planning authority who are the council of a county shall be charged on the county (exclusive of every borough and urban district therein).

Assistance by planning authority in certain cases.

14. —(1) A planning authority may assist any of the bodies and persons specified in subsection (2) of this section by helping the body or person in money or kind or by the provision of services or facilities (including the services of staff).

(2) The bodies and persons referred to in subsection (1) of this section are:

(a) a local development association,

(b) a company under the Companies Acts, 1908 to 1959, having as one of its objects the object of providing amenities and facilities at tourist resorts and developing tourist traffic at or to such resorts,

(c) a body or person concerned, with respect to the area of the planning authority, in the preservation or development of amenities (including the preservation of flora and fauna and of buildings, caves, sites, features and objects of artistic, architectural, archaeological, geological or historical interest) or in the carrying out of works of local improvement (including parking places) or maintenance of amenities,

(d) in case the planning authority are the council of a county, the commissioners of a town in the county having commissioners.

(3) Assisting under this section shall be a reserved function.

Contribution towards training and research.

15. —(1) A planning authority may, within such limits and on such conditions as may be fixed by the Minister from time to time, contribute to the funds of any body which provides for training and research in relation to town and regional planning.

(2) Contributing under this section shall be a reserved function.

Apportionment of joint expenses.

16. —(1) Two or more planning authorities may make and carry out an agreement for sharing the cost of performing all or any of their functions under this Act and, where an agreement has been made under this subsection, the planning authorities concerned may terminate it at any time if they so agree.

(2) Where the Minister is satisfied that a planning authority propose to perform in their area a function under this Act wholly or partially in the interests of the area of, or at the request of, another planning authority (being a planning authority whose area is contiguous with the area of the first-mentioned planning authority), the other planning authority shall defray the cost of the performance of the function to such extent as may be agreed upon between the authorities or, in default of agreement, as may be determined by the Minister.

(3) The making of an agreement under this section shall be a reserved function.

Power to set off.

17. —Where a sum is due under this Act to any person by a planning authority and, at the same time, another sum under this Act is due by that person to that authority, the former sum may be set off against the latter either, as may be appropriate, in whole or in part.

Payment of sum to or by appellant.

18. —(1) Where an appeal is made to the Minister under this Act or under any order under this Act against a decision of a planning authority—

(a) the Minister, if he so thinks proper and irrespective of the result of the appeal, may direct the planning authority to pay—

(i) to the appellant, such sum as the Minister, in his absolute discretion, specifies as compensation to the appellant for the expense occasioned to him in relation to the appeal,

(ii) to the Minister, such sum as, in his absolute discretion, he specifies as compensation to him towards the expense incurred by him in relation to the hearing of the appeal;

(b) if, but only if, the appeal fails, the Minister, if he so thinks proper, may direct the appellant to pay—

(i) to the planning authority, such sum as the Minister, in his absolute discretion, specifies as compensation to the planning authority for the expense occasioned to them in relation to the appeal,

(ii) to the Minister, such sum as, in his absolute discretion, he specifies as compensation to him towards the expense incurred by him in relation to the hearing of the appeal.

(2) Any sum directed under this section to be paid shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.