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Preservation of amenity.
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3.—(1) A person (in this section referred to as “the building owner”) who proposes to erect a new building on the site of a building which has been damaged or destroyed in the course of the recent disturbances or to reconstruct or alter a building which has been damaged as aforesaid, or at any time to erect a new building or to reconstruct or alter an existing building in Upper Sackville Street or Lower Sackville Street (commonly known as “Upper O'Connell Street” or “Lower O'Connell Street” respectively) shall, in addition to any plans and sections of the proposed work which are required by the bye-laws of the Corporation to be delivered at the office of the town clerk, deliver at the same time and place elevations on the same scale as that of the plans and sections and shall furnish to the city architect, if and when so requested by him, any detailed drawings or other particulars which the city architect may consider reasonably necessary for the further explanation of the documents delivered.
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(2) If it appears to the city architect, having regard to the nature and situation of the site of the proposed new building, or of the building proposed to be restored or altered, or the external design of any buildings erected or in the course of erection in the neighbourhood of that site, that the character of the proposed new building, restoration, or alteration is such as would be injurious to the amenity of the street which the front of the proposed new building or the building proposed to be restored or altered faces, whether on account of the proposed external design, the proposed line of frontage, or the materials proposed to be used in the external walls facing that street or in any portion of the building which will be visible from that street, he may require such reasonable alterations to be made as respects the design, line of frontage, and materials as he thinks proper, and may require the plans, sections and elevations to be amended accordingly. The front of a building at the corner of two streets shall be deemed to face each street for the purposes of this section.
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(3) A requirement of the city architect under this section shall not have effect unless notice thereof in writing is delivered or sent by post to the building owner within one month after the day on which the plans, sections, and elevations are delivered as aforesaid, or within fourteen days after the day on which the further particulars (if any) are furnished as aforesaid, whichever period expires later.
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(4) If any dispute or difference arises as to the reasonableness of any requirement of the city architect under this section the matter in dispute shall be settled by arbitration between the Corporation and the building owner, and the Corporation shall appoint the city architect or a person nominated by him to be arbitrator on their behalf, and the building owner shall appoint an arbitrator on his behalf, and section two hundred and seventeen of the Public Health (Ireland) Act, 1878, shall apply with respect to the arbitration as it applies with respect to arbitrations under that Act, subject to the following modifications:—
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(a) any reference to that Act shall be construed as a reference to this Act;
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(b) in considering the reasonableness of any requirement, the arbitrators or umpire may take into account the expenses which would be incurred in complying with the same and a requirement that any material or materials shall be supplied from any specified source of supply shall be deemed to be unreasonable;
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(c) the arbitrators or umpire shall have power to make such modifications of any requirement of the city architect as seem proper, and the requirement as so modified shall be deemed to be a requirement of the city architect under this section;
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(d) the powers of the arbitrators and umpire as to the costs shall include a power to direct to and by whom and in what manner the, costs (including solicitor and client costs) or any part thereof are to be paid;
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(e) the appointment of an arbitrator on behalf of the Corporation may be made by any committee of the Corporation to which that power is delegated and need not be under seal.
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(5) Subject to the provisions of the last preceding sub-section a requirement of the city architect under this section shall be enforceable under the Public Health (Ireland) Acts, 1878 to 1919, in the same manner as if it were a proper requirement contained in byelaws of the Corporation relating to buildings, and as if the notice of the requirement were a notice of disapproval of the proposed work given by the Corporation in pursuance of the bye-laws, and as if the execution of the work, otherwise than in accordance with the requirement, were an offence against those byelaws, and its continuance in such a form and state as to be in contravention of the requirement were a continuing offence.
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(6) Anything to be done or omitted in relation to any building in order to comply with a requirement of the city architect under this section may be done or omitted notwithstanding any covenant condition or provision to the contrary in any lease, mortgage, or other instrument affecting the building or the land on which it is erected, and the act or omission shall be deemed not to be a breach, non-performance, or contravention of any such covenant, condition, or provision.
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(7) Where a requirement of the city architect under this section necessitates an alteration of the former frontage line the provisions of section thirty-nine of the Public Health (Ireland) Act, 1878, as to compensation shall apply in like manner as if the new frontage line had been prescribed by the Corporation under that section.
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(8) The Corporation may on the recommendation of the city architect relax or waive any byelaws of the Corporation relating to buildings where and so far as such relaxation or waiver is necessary in order to enable a joint plan of reconstruction to be carried out in relation to two or more buildings subject to the consent of the owners of these buildings, but, save as aforesaid, the provision of this section shall be in addition to and not in derogation of any byelaws of the Corporation relating to buildings.
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