Local Government (Planning and Development) Act, 1983

Board may dismiss appeals under section 26 of Principal Act if vexatious, etc.

16.—(1) Subject to subsection (2) of this section, the Board shall in the following circumstances have an absolute discretion to dismiss an appeal brought under section 26(5) of the Principal Act—

(a) where, having considered the grounds of appeal, the Board is of opinion that the appeal is vexatious, frivolous or without substance or foundation, or

(b) where, having regard to—

(i) the nature of the appeal (including any question which in the Board's opinion is raised by the appeal), and

(ii) any previous permission or approval which in its opinion is relevant,

the Board is satisfied that in the particular circumstances the appeal should not be further considered by it.

(2) The exercise by the Board of the power conferred on it by subsection (1) of this section shall be subject to the restriction imposed on the Board by section 26 (1) of the Principal Act as applied by section 14 of the Act of 1976.