|
|
Power of responsible authority to require carrying out of road plan.
|
27.—(1) Whenever a road plan has come into force and development of the land to which such road plan relates has begun, the responsible authority may serve on the owner of such land by whose authority such development has begun (in this section referred to as the developing owner) a notice requiring the carrying out, to a specified extent and within a specified time (not being less than six weeks) after the coming into force of such notice, of one or more specified provisions of such road plan.
|
|
| |
(2) Where a notice has been served under this section, the developing owner may, not later than fourteen days after such notice is served, appeal to the Minister against such notice and the Minister on such appeal may—
|
|
| |
(a) confirm such notice without modification, or
|
|
| |
(b) modify such notice by extending the time specified in such notice for compliance therewith and confirm such notice as so modified, or
|
|
| |
(c) in case he is satisfied that it is reasonable to postpone compliance with such notice until the development of the land to which such notice relates has proceeded further, annul such notice.
|
|
| |
(3) A notice under this section shall come into force fourteen days after it is served or, where an appeal is taken under this section against such notice and such notice is not annulled on such appeal, on the determination of such appeal.
|
|
| |
(4) Where a notice under this section is in force and is not complied with within the time specified in that behalf in such notice or, where such time has been extended on appeal under this section, within such time as so extended, the following provisions shall have effect, that is to say:—
|
|
| |
(a) if such notice requires the construction or improvement of any road or portion of a road on the land to which the relevant road plan relates, the responsible authority may itself carry out such construction or improvement and for that purpose may enter upon such land;
|
|
| |
(b) if such notice requires the payment of a sum of money to a local authority, such sum, in default of payment, shall be recoverable as a simple contract debt in any court of competent jurisdiction and shall, as on and from the coming into force of such notice, be a charge on the estate of the developing owner in the land to which such notice relates;
|
|
| |
(c) until such notice is complied with or enforced under this sub-section, the beginning or continuation of the erection on the land to which the relevant road plan relates of any building of the class or of any of the classes specified in the relevant restricted development provision shall be a contravention of such provision;
|
|
| |
(d) whenever the responsible authority in exercise of a power conferred by this sub-section has done any work or thing on or in respect of any structure or any land, the responsible authority shall be entitled to be paid by and to recover (as a simple contract debt in any court of competent jurisdiction) from the developing owner all expenses reasonably incurred by the responsible authority in doing the said work or thing so done as aforesaid, and
|
|
| |
(e) all moneys recoverable under this sub-section by the responsible authority in respect of expenses incurred by them shall, immediately upon completion of the work or thing in the doing of which such expenses were so incurred, become and be a charge on the estate of the developing owner on the land on which such work or thing was done or, in the case of any work or thing done on or to a structure, in such structure (if and so far as it still exists) and in the rateable hereditament or tenement consisting of or including such land or structure.
|
