Town and Regional Planning Act, 1934

Notice of intention to exercise power.

51.—(1) Before exercising in relation to any structure or land a power conferred on them by the next preceding section of this Act, the responsible authority shall serve, on every owner and on every occupier of such structure or land and on every person having a right over or in respect of such structure or land which in the opinion of the responsible authority may be affected by such exercise, a notice stating—

(a) the intention of the responsible authority to exercise such power, and

(b) the structure or land in respect of which such power is intended to be exercised, and

(c) the relevant provision of the planning scheme and the contravention thereof in respect of which such power is intended to be exercised, and

(d) the general nature of the work or things intended to be done in exercise of such power, and

(e) the date on or after which the said intended exercise of such power is intended to be begun.

(2) The date stated in a notice served under this section as the date on or after which the intended exercise of the power therein mentioned is intended to be begun shall not be less than one month after the service of such notice and the responsible authority shall not do any act or thing in exercise of such power in relation to the structure or land mentioned in such notice before the said date.

(3) In this section the word “owner” means, in relation to any land or any structure, any person (other than a mortgagee not in possession) who is for the time being entitled to sell or otherwise dispose of the fee simple of such land or structure or of any term of years for the time being subsisting in respect of such land or structure of which the unexpired residue exceeds three years.