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Revocation or modification of planning scheme at request of responsible authority.
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35.—(1) A responsible authority under a planning scheme may at any time apply to the planning authority by whom such planning scheme was made for the revocation or modification of such planning scheme on all or any of the following grounds, that is to say:—
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(a) on account of the amount of the compensation which has been or is likely to be awarded under this Act or otherwise in respect of provisions contained in such planning scheme;
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(b) on account of practical difficulties in the execution or enforcement of such planning scheme;
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(c) on account of events which have occurred since the making of such planning scheme.
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(2) Whenever an application under the foregoing sub-section of this section is received by a planning authority, the chief executive officer of such planning authority shall forthwith give to each member of such planning authority and publish the like notices of such application as are required by this Act to be given and published of the intention to propose a resolution for the making of a planning scheme.
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(3) A planning authority to whom an application is made under this section shall after notice has been given and published in accordance with the next preceding sub-section of this section consider such application and may, as they shall think proper, either—
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(a) decide to revoke such planning scheme by a revoking planning scheme and pass a resolution for the making of such revoking planning scheme accordingly, or
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(b) decide to modify such planning scheme by an amending planning scheme and pass a resolution for the making of such amending planning scheme accordingly, or
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(c) refuse such application.
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(4) Whenever a planning authority decides under this section to make a revoking or amending planning scheme, the provisions of this Part of this Act shall apply in respect of such revoking or amending planning scheme in like manner as they apply to the planning schemes mentioned in the said Part.
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(5) The provisions of this Part of this Act in relation to the passing of resolutions for the making of a planning scheme and to such resolutions when passed shall apply in respect of a resolution under consideration by or passed by a planning authority under this section for the making of a revoking or amending planning scheme as if the notice required by this section to be given and published by the chief executive officer of such planning authority were a notice of intention to propose a resolution in the terms of such application.
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(6) Whenever a responsible authority has made an application under this section to a planning authority and such planning authority fails to consider and deal finally with such application within three months after the making of such application, such planning authority shall be deemed to have refused such application and, for the purpose of computing any period of time, such refusal shall be deemed to have been made on the last day of the said period of three months.
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(7) The making of an application under sub-section (1) of this section and also the consideration of and dealing with an application under the said sub-section (1) shall, in the case of the county borough of Dublin, of the borough of Dun Laoghaire, and of the county borough of Cork, be reserved functions.
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