Town and Regional Planning (Amendment) Act, 1939
|
Extension of powers to make certain declarations. |
11.—(1) Where a planning authority has passed a resolution for the making of a planning scheme and has, before such planning scheme comes into operation, made a special prohibition in relation to any work, such planning authority, in addition to the powers conferred on them by sub-section (1) of section 58 of the Principal Act, may, if they are of opinion either— | |
(a) that the remedying after the coming into operation of such planning scheme of the prejudicial effect of proceeding with or doing the work to which such special prohibition relates would be unduly costly or would involve undue delay in the enforcement of such planning scheme, or | ||
(b) that such effect would seriously injure the amenities of the neighbourhood during the period before the coming into operation of such planning scheme, | ||
declare, at any time before such planning scheme comes into operation, that any contravention of such special prohibition before such coming into operation shall be unlawful. | ||
(2) A declaration under this section shall, for the purposes of the Principal Act and, in particular, for the purposes of sub-section (2) of section 58 of the Principal Act, be deemed to be a declaration under the said section 58 . | ||
(3) Any person aggrieved by a declaration made under section 59 of the Principal Act or this section may appeal within the prescribed time to the Minister against such declaration, and thereupon the Minister shall either confirm or annul such declaration. | ||
(4) Section 59 of the Principal Act is hereby amended by the deletion therefrom of paragraph (g) of sub-section (1) and the said section shall be construed and have effect accordingly. |