Planning and Development Act 2000

Objection to compulsory acquisition of protected structure.

73

73.—(1) Any person, on whom a notice of the proposed compulsory acquisition of a protected structure has been served under section 72(1)(b), may, within the time and in the manner specified in the notice, submit to the planning authority concerned an objection to the proposed compulsory acquisition referred to in the notice.

(2) A person who has submitted an objection under subsection (1) may withdraw the objection by notice in writing sent to the planning authority concerned.

(3) Where an objection submitted to a planning authority under subsection (1) is not withdrawn, the planning authority shall not acquire the protected structure compulsorily without the consent of the Board.

(4) An application for the Board’s consent to the compulsory acquisition of a protected structure shall be made within 4 weeks after the expiry of the time allowed, under subsection (1), for submitting an objection to that acquisition, and shall be accompanied by the following—

(a) the relevant map,

(b) a copy of the objection made under subsection (1) to the planning authority,

(c) the planning authority’s comments (if any) on the objection, and

(d) such other documents and particulars as may be prescribed.

(5) On receipt of the planning authority’s comments (if any) on the objection, the Board shall, by notice served on the person who made the objection, send a copy of the comments to that person who may, within 3 weeks from the date of the service of the notice, make observations to the Board in relation to the comments.

(6) On application under subsection (4), the Board may, as it thinks fit, grant or refuse to grant consent to the compulsory acquisition of all or part of a protected structure referred to in a notice published under section 72.

Annotations

Editorial Notes:

E229

Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), in effect as per reg. 2.

E230

Previous affecting provision: power pursuant to section exercised (1.01.2001) by Planning and Development (No. 2) Regulations 2000 (S.I. No. 457 of 2000), in effect as per reg. 2; revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1, in effect as per reg. 2(1).