Local Government (Planning and Development) Act, 1990
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Special provision for structures substantially replacing structures demolished or destroyed by fire. |
15.—(1) Nothing in section 12 shall prevent compensation being paid— | |
(a) in a case in which there has been a refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed by fire or otherwise within the two years preceding the date of application for permission or there has been imposed a condition in consequence of which such new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or | ||
(b) in a case in which there has been imposed a condition in consequence of which the new structure referred to in paragraph (a) or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward. | ||
(2) Every dispute and question whether a new structure would or does replace substantially within the meaning of subsection (1) a demolished or destroyed structure shall be determined by the Board. |