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Annulment of planning scheme by the High Court.
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31.—(1) Whenever the Minister has made an order approving of a planning scheme, any person whose property would be affected by such planning scheme may, within one month after the publication in the Iris Oifigiúil of notice of the making of such order, apply to the High Court for the annulment of such scheme or of any specified portion thereof and on such application—
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(a) if the High Court is of opinion that the whole or substantially the whole of such planning scheme contravenes or is not authorised by or is not made in accordance with this Act, the High Court may annul such scheme, and
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(b) if the High Court is of opinion that a part only of such planning scheme contravenes or is not authorised by or is not made in accordance with this Act, the High Court may either, as shall appear to the High Court to be most convenient to all parties, annul the said part of such planning scheme or annul the whole of such planning scheme.
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(2) The annulment of part of a planning scheme by the High Court under this section shall not prevent the subsequent revocation by the Minister of the order approving of such planning scheme.
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(3) Where the whole of a planning scheme is annulled by the High Court under this section, this Part of this Act shall apply and have effect in respect of such planning scheme as if the Minister had, on the day on which such planning scheme is so annulled, made an order requiring the planning authority by whom such planning scheme was made to make and submit to him a new planning scheme.
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(4) The Minister shall be entitled to appear, be heard, and adduce evidence at the hearing of an application under this section, and whenever the Minister so appears on any such application the costs and expenses incurred by him of and incidental to such application shall, when taxed and ascertained, be paid by the planning authority by whom the planning scheme which is the subject of such application was made, save if and in so far as such costs and expenses are ordered by the High Court to be paid by and are recovered from any other person.
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(5) On an application under this section, the High Court may order the costs and expenses of or incidental to such application incurred by any party (including the applicant and the Minister) who appears at the hearing of such application to be paid by any other such party (including as aforesaid).
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(6) Where the High Court is of opinion that an application under this section is frivolous or vexatious, the High Court may order the person making such application to pay to the planning authority by whom the planning scheme the subject of such application was made such sum by way of damages (over and above any costs and expenses awarded under the next foregoing sub-section of this section) on account of loss, delay, inconvenience, or other injury occasioned by such application as the High Court shall fix.
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