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Power to extend certain planning districts.
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21.—(1) The Minister may, on the application of the council of a county borough, of a borough, or of an urban district and after such notice and consideration and being satisfied as is hereinafter mentioned, by order declare that as from a specified date not prior to the date of such order a specified portion (in this Act referred to as a contiguous area) of a county health district contiguous to such county borough, borough, or urban district shall for all the purposes of this Act (save as is by this section otherwise provided) be added to and form part of the planning district which consists of or includes such county borough, borough, or urban district.
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(2) The Minister shall not make an order under this section save after giving to the council of the county in which the contiguous area proposed to be the subject of such order is situate one month's notice of his intention to make such order and considering any representations thereon made to him by such council within such month.
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(3) The Minister shall not make an order under this section unless he is satisfied that the development of the contiguous area proposed to be the subject of such order should be co-ordinated with the development of the planning district to which such contiguous area is proposed to be added.
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(4) Whenever an order is made under this section the following provisions shall have effect on and from the day on which such order comes into effect, that is to say:—
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(a) the contiguous area the subject of such order shall cease to be part of the planning district in which it was included immediately before the coming into operation of such order;
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(b) the said contiguous area shall become and be for all purposes of this Act (save as is by this section otherwise provided) part of and included in the planning district to which it is added by such order;
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(c) the council of the county in which the said contiguous area is situate shall cease to be the district planning authority in respect of such contiguous area;
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(d) the council which immediately before the coming into operation of such order was the district planning authority for the said planning district to which the said contiguous area is added by such order shall continue to be the district planning authority for the said planning district as enlarged by the addition thereto of the said contiguous area;
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(e) if, at the coming into operation of such order, the said contiguous area is part of a planning region (other than the Dublin planning region and the Cork planning region) which does not include the said planning district to which the said contiguous area is added by such order, the said contiguous area shall continue to be included in such planning region, and the regional planning authority for such planning region shall be enlarged by such order by the addition to such authority of such number of persons (whether members or not members of the authority by whom they are appointed) appointed by the district planning authority for the said planning district as shall be fixed by such order.
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(5) Where an order (in this section referred to as the principal order) has been made under this section, the Minister may by order revoke the principal order at any time before but not after the district planning authority for the planning district enlarged by the principal order has passed a resolution for the making of a planning scheme for the contiguous area or an area including the contiguous area which is the subject of the principal order.
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(6) In the case of the county borough of Dublin, of the borough of Dun Laoghaire, and of the county borough of Cork respectively, the making of an application for an order under this section shall be a reserved function.
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