Local Government (Planning and Development) Act, 1990

Restrictions on sections 12 and 13 .

14.—(1) Where, in a case determined on an appeal under Part IV of the Principal Act, permission to develop any land has, save in a case referred to in subsection (2), been refused or has been granted subject to any condition relating to any of the matters set out in paragraphs 8 and 9 of the Fourth Schedule , nothing contained in section 12 shall prevent compensation being paid if, an application having been made in that behalf within two months after the notification of the decision by the Board, or within such longer period as the Minister may allow, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of section 12 .

(2) Subsection (1) does not apply—

(a) where there has been a refusal of permission for the erection of any advertisement structure or for the use of any land for the exhibition of any advertisement,

(b) where there has been a refusal of permission for development including any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension—

(i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Board;

(ii) would be under a public road;

(iii) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure; or

(iv) would be prejudicial to public health, and

(c) where a notice has been served under section 13 (1).

(3) Where in a case in which a notice has been served under section 13 (1), save in a case referred to in paragraphs (a) and (b) of subsection (2), upon a subsequent application for permission under Part IV of the Principal Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, such permission is granted subject to any condition relating to any of the matters set out in paragraphs 8 and 9 of the Fourth Schedule , then nothing contained in section 12 or section 13 shall prevent compensation being paid if, an application having been made in that behalf within (but not after) two months after the notification of the decision, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of section 12 or section 13 .