Town and Regional Planning Act, 1934

Overlapping of planning schemes.

27.—(1) Subject to the provisions of this section, the making by a planning authority of a planning scheme for the whole or for any particular part of their planning region or planning district (as the case may be) shall not prevent either—

(a) the making by such planning authority of a planning scheme for any area (for which they can lawfully make a planning scheme) which wholly or partly includes or is included in the area to which such first-mentioned planning scheme relates, or

(b) the making by any other planning authority of a planning scheme for any area (for which they can lawfully make a planning scheme) which wholly or partly includes or is included in the area to which such first-mentioned planning scheme relates.

(2) Where a planning authority makes a planning scheme (in this sub-section referred to as the earlier scheme) and the same or any other planning authority subsequently makes a planning scheme (in this sub-section referred to as the later scheme) for an area which is included, wholly or partly, in the area to which the earlier scheme relates, then the later scheme shall not be inconsistent with the earlier scheme, but in order to avoid such inconsistency the later scheme or the order of the Minister approving of it may declare any specified part or provisions of the earlier scheme to be inconsistent with the later scheme and thereupon such specified part or provisions of the earlier scheme shall become and be void as from the coming into operation of the later scheme but without prejudice to the validity of anything previously done under the earlier scheme.

(3) For the purposes of the foregoing sub-section of this section a planning scheme shall be deemed to be made on the day of the date of the order of the Minister approving of it and the relative priorities of planning schemes shall for those purposes be determined accordingly.