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Appeal in respect of revocation or modification of a planning scheme.
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36.—(1) Where a responsible authority has made an application under this Part of this Act to a planning authority for the revocation or modification of a planning scheme and is aggrieved by the action of such planning authority in respect of such application, such responsible authority may, within one month after such planning authority has finally dealt with or is deemed to have refused such application, appeal to the Minister and thereupon the Minister may, as he shall think proper, either confirm the action of such planning authority or require such planning authority to make a revoking or amending planning scheme.
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(2) Where the Minister, on an appeal under this section, requires a planning authority to make a revoking or amending planning scheme, it shall be the duty of such planning authority to make and submit to the Minister for his approval such revoking or amending planning scheme accordingly.
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(3) When a planning authority refuses or neglects to make a revoking or amending planning scheme in accordance with a requisition in that behalf made by the Minister under this section, the Minister may himself make such revoking or amending planning scheme and by order approve of such scheme as so made, and thereupon such planning authority shall pay to the Minister on demand such sum as the Minister shall certify to be the amount of the expenses incurred by him by reason of such refusal or neglect.
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(4) The institution of an appeal to the Minister under this section and also the making of a revoking or amending planning scheme in pursuance of this section shall, in the case of the county borough of Dublin, of the borough of Dun Laoghaire, and of the county borough of Cork, be reserved functions.
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