Local Government (Planning and Development) Act, 1963

Restrictions on sections 56 and 57.

58.—(1) Where, in a case determined on an appeal under Part IV of this Act, permission to develop any land has, save in a case referred to in subsection (2) of this section, been refused or has been granted subject to any condition relating to any of the matters set out in paragraphs 3 and 4 of Part II of the Third Schedule to this Act, nothing contained in subsection (1) of section 56 or section 57 of this Act shall prevent compensation being paid if, an application having been made in that behalf within (but not after) two months after the notification of the decision by the Minister, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of subsection (1) of section 56 or section 57 of this Act.

(2) Subsection (1) of this section does not apply—

(a) where there has been a refusal of permission for the erection of any advertisement structure or for the use of any land for the exhibition of any advertisement,

(b) where there has been a refusal of permission for development comprising any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension—

(i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Minister,

(ii) would be under a public road,

(iii) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

(iv) would be prejudicial to public health.