Local Government (Planning and Development) Act, 1999

Objection to compulsory acquisition of protected structure.

24.—(1) Any person on whom a notice of the proposed compulsory acquisition of a protected structure has been served under section 23 (1)(b) may, within the time and in the manner specified in the notice, submit to the planning authority concerned an objection to the proposed compulsory acquisition referred to in the notice.

(2) A person who has submitted an objection under subsection (1) may withdraw the objection by notice in writing sent to the planning authority concerned.

(3) Where an objection submitted to a planning authority under subsection (1) is not withdrawn, the planning authority shall not acquire the protected structure compulsorily without the Minister's consent.

(4) An application for the Minister's consent to the compulsory acquisition of a protected structure shall be made within one month after the expiry of the time allowed under subsection (1) for submitting an objection to that acquisition and shall be accompanied by the following:

(a) the relevant map;

(b) a copy of the objection made under subsection (1) to the planning authority;

(c) the planning authority's comments if any) on the objection;

(d) such other documents and particulars as may be prescribed.

(5) On receipt of the planning authority's comments (if any) on the objection, the Minister shall, by notice served on the person who made the objection, send a copy of the comments to that person who may, within 21 days from the date of the service of the notice, make observations to the Minister in relation to the comments.

(6) On application under subsection (4), the Minister may, as he or she thinks fit, grant or refuse to grant consent to the compulsory acquisition of all or part of a protected structure referred to in a notice published under section 23 .