Housing Act, 1969

Provisions applicable where permission required under this Act and under Act of 1963.

10.—In case a permission is required under this Act and under Part IV of the Act of 1963 in relation to a habitable house, the application for a permission under the Act of 1963 may be made at any time and whenever the application under the Act of 1963 is made the following provisions shall apply:

(a) the application under the Act of 1963 shall not be decided until an application under section 3 has been fully determined;

(b) subject to paragraph (c), the references in section 26 (4) (b) of the Act of 1963 to the period of two months beginning on the day of receipt by the planning authority of the application shall be construed as references to the period of five weeks beginning on—

(i) in case no appeal is taken under section 4—the day on which the decision is given, or is regarded as having been given, under this Act by the housing authority, and

(ii) in case an appeal is so taken—the day on which the appeal is withdrawn or is determined by the Minister, as may be appropriate,

provided that, in case the day mentioned in subparagraph (i) or the day mentioned in subparagraph (ii) occurs less than two months after the receipt by the planning authority of the application, this paragraph shall not have effect;

(c) in case a permission under this Act is refused (whether on the original application or on appeal), the application under the Act of 1963, in so far, but only in so far, as it relates to the relevant house, shall not be considered and accordingly section 26 (4) (a) of the Act of 1963 shall cease to apply in relation to the house; and

(d) in case a permission under this Act is granted subject to conditions, the planning authority or the Minister when considering the application or the appeal, as the case may be, under the Act of 1963 shall have regard to the conditions.