Legislator Giurisprudenza & Legislazione
1976_act_20 IE

Sec. 27 LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976

ISB Act 1976-07-05
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High Court may prohibit unauthorised development or use of land.

High Court may prohibit unauthorised development or use of land.

High Court may prohibit unauthorised development or use of land.

27

27.—(1) Where—

(a) development of land, being development for which a permission is required under Part IV of the Principal Act, is being carried out without such a permission, or

(b) an unauthorised use is being made of land,

the High Court may, on the application of a planning authority or any other person, whether or not the person has an interest in the land, by order prohibit the continuance of the development or unauthorised use.

(2) Where any development authorised by a permission granted under Part IV of the Principal Act has been commenced but has not been, or is not being, carried out in conformity with the permission because of non-compliance with the requirements of a condition attached to the permission or for any other reason, the High Court may, on the application of a planning authority or any other person, whether or not that person has an interest in the land, by order require any person specified in the order to do or not to do, or to cease to do, as the case may be, anything which the Court considers necessary to ensure that the development is carried out in conformity with the permission and specifies in the order.

(3) An application to the High Court for an order under this section shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate. The order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

← Warning notice. LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976 Withdrawal by planning authority of certain notices and cancellation of relevant entries in register. →

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