Local Government (Planning and Development) Act, 1976

Oral hearings.

16.—(1) Except where a direction is given by the Minister under this section, the Board shall have an absolute discretion to hold an oral hearing of any reference or appeal to the Board.

(2) Where the Board is requested to hold an oral hearing of a reference or appeal and decides to determine the reference or appeal without an oral hearing, the Board—

(a) shall serve notice of its decision on the person who requested such hearing, and

(b) shall not proceed to determine the reference or appeal until after the expiration of the period mentioned in subsection (3) of this section.

(3) Any person on whom a notice is served under subsection (2) of this section, other than a person on whom there has also been served a notice under section 18 of this Act relating to the relevant reference or appeal, may, at any time before the expiration of fourteen days beginning on the day on which the notice under the said subsection (2) is served, apply in writing to the Minister for a direction under this section as regards the relevant reference or appeal.

(4) In case an application is made under subsection (3) of this section to the Minister, unless the Board decides to hold an oral hearing of the relevant reference or appeal, it shall not determine such reference or appeal pending the decision of the Minister on the application.

(5) The Minister may direct the Board to hold an oral hearing of any reference or appeal to the Board and any such direction shall be complied with by the Board.