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Transitional.
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12.—In case an application under the Act of 1963 in respect of development involving the demolition or use otherwise than for human habitation of a habitable house is made and a decision under Part IV of the said Act has not been given by a planning authority before the passing of this Act, the following provisions shall apply:
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(a) the application, in so far as it relates to such demolition or use, shall be treated as an application for a permission under this Act and for that purpose shall be deemed to be an application made in accordance with section 3 on the date of the passing of this Act and such application shall first be determined by the housing authority under this Act and until the requirements of this paragraph have been complied with by the housing authority, subject to paragraphs (b) and (c), section 26 (4) (a) of the Act of 1963 shall not have effect in relation to the application;
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(b) in case permission under this Act is refused, the application in so far, but only in so far, as it relates to the house shall not be further considered under the Act of 1963 and accordingly the said section 26 (4) (a) shall cease to apply in relation to the house; and
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(c) in case permission under this Act is granted, the references in section 26 (4) (b) of the Act of 1963 to the period of two months beginning on the day of receipt by the planning authority of the application shall be construed as references to the period of five weeks beginning on—
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(i) in case no appeal is taken under section 4—the day on which the decision is given, or is regarded as having been given, under this Act by the housing authority, and
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(ii) in case an appeal is so taken—the day on which the appeal is withdrawn or is determined by the Minister, as may be appropriate,
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provided that, in case the day mentioned in subparagraph (i) or the day mentioned in subparagraph (ii) occurs less than two months after the receipt by the planning authority of the application, this paragraph shall not have effect.
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