Town and Regional Planning Act, 1934

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.