Town and Regional Planning (Amendment) Act, 1939

Frontage line of structures on new or improved roads.

13.—(1) A planning scheme may contain provisions (either in relation to roads generally or in relation to one or more specified roads) empowering the responsible authority to determine the frontage line of buildings and other structures adjoining a road in the area to which such planning scheme relates which is constructed, diverted or widened after the making of such planning scheme and for which a frontage line is not determined by such planning scheme or for which the existing frontage line has become obsolete and prescribing the notices to be given and the procedure to be followed in relation to the exercise of such power.

(2) Where a planning scheme contains provisions under this section empowering the responsible authority to determine a frontage line, such planning scheme shall also contain provisions enabling any person aggrieved by any such determination to appeal against such determination to the Minister and enabling the Minister on such appeal to do such of the following things as he shall think proper, that is to say:—

(a) to annul such determination;

(b) to confirm such determination without modification;

(c) to modify such determination in such manner as he shall think proper and confirm such determination as so modified.

(3) The determination by the Minister of any such appeal as is mentioned in the immediately preceding sub-section of this section shall be final.

(4) Where the responsible authority has duly made a determination of a frontage line under provisions contained in a planning scheme by virtue of this section and no appeal is taken under and in accordance with such planning scheme against such determination or, in case such appeal is taken, such determination is not annulled, a contravention of such determination or (as the case may be) of such determination as confirmed by the Minister shall be a contravention of such planning scheme.

(5) The Principal Act shall be construed and have effect as if sub-section (1) of section 30 thereof provided that a planning scheme may, in addition to the declarations mentioned in that sub-section, contain a declaration that no compensation shall be payable under the Principal Act on account of or arising from the coming into operation of a specified provision contained under this section in such planning scheme.