Town and Regional Planning Act, 1934

Appeal from control of design, etc, of structures.

45.—(1) Where a planning scheme contains a provision conferring on the responsible authority power to regulate and control (whether generally or in particular areas) the design, colour, or materials of structures, any person aggrieved by a decision of the responsible authority made in exercise of such power may appeal from such decision to the Justice of the District Court having jurisdiction in the district in which is situate the structure to which such decision relates, and on such appeal such Justice may, as he shall think proper, affirm, vary, reverse, or annul such decision.

(2) A planning scheme which contains any such provision as is mentioned in the next preceding sub-section of this section may contain a provision that the appeal under that sub-section shall lie to a special tribunal of persons of special knowledge or practical experience constituted in such manner as may be stated in such provision in lieu of the Justice of the District Court, but in such case an appeal shall lie from every decision of such special tribunal to the Judge of the Circuit Court having jurisdiction in the Circuit in which is situate the structure to which such decision relates, and the decision of such Judge shall be final.

(3) The grounds on which an appeal under this section may be brought shall include the ground that carrying into effect the decision the subject of such appeal would involve unreasonable expense having regard to the character of the locality in which is situate the structure to which such decision relates and to the character of the neighbouring structures.