Local Government (Planning and Development) Act, 1963
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Restriction on exercise of power of entry of planning authority and obstruction of approved entry. |
81.—(1) Where (in the case of occupied land) the occupier or (in the case of unoccupied land) the owner refuses to permit the exercise of a power of entry conferred by this Act on a planning authority, the authority shall not exercise the power save pursuant to an order of the District Court approving of the entry. | |
(2) The following provisions shall have effect in relation to an application for an order under this section: | ||
(a) the application shall be made, on notice to the person who refused to permit the exercise of the power of entry, to the justice of the District Court having jurisdiction in the district court district in which the land or part of the land is situate, | ||
(b) the application shall be granted unless the proposed entry is to be made pursuant to section 31 , 32 or 33 of this Act on a structure and the said person satisfies the court in a case of non-compliance with a condition, that the condition was complied with or, in any other case, that the structure is not an unauthorised structure, | ||
(c) an order made on the application may require that entry shall not be effected during a specified period of one week or less commencing on the date of the order. | ||
(3) Any person who, by act or omission, obstructs an entry approved of by order under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds; and if in the case of a continuing offence the obstruction is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which, the obstruction is so continued. |