Local Government (Planning and Development) Act, 1963
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Supplemental provisions relating to references and appeals. |
82.—(1) Regulations may provide for any matters of procedure in relation to references or appeals. | |
(2) Regulations shall be made under this section providing— | ||
(a) for oral hearing of any reference or appeal in respect of which oral hearing is requested by any party, | ||
(b) for any such oral hearing being conducted by a person appointed for that purpose by the Minister, | ||
(c) for the furnishing to the Minister, by any person so appointed, of a report on the oral hearing and for the consideration by the Minister of the report before he gives his decision. | ||
(3) Where a question of law arises on any reference or appeal— | ||
(a) the Minister may refer the question for decision by the High Court, | ||
(b) an appeal shall lie to the High Court on the question and may be taken at any time within the period of three months after the giving of the decision or such longer period as the High Court may in any particular case allow. | ||
(4) A person conducting an oral hearing of any reference or appeal may require any officer of a planning authority to give to him any information in relation to the reference or appeal which he reasonably requires for the purposes of the reference or appeal, and it shall be the duty of the officer to comply with the requirement. | ||
(5) (a) A person conducting an oral hearing of any reference or appeal may visit and inspect any land to which the reference or appeal relates. | ||
(b) Any person who obstructs the exercise of the power conferred by this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five pounds. | ||
(6) A person conducting an oral hearing of any reference or appeal may take evidence on oath and for that purpose may administer oaths, and a person giving evidence at any such hearing shall be entitled to the same immunities and privileges as if he were a witness before the High Court. | ||
(7) (a) Subject to the following paragraph, a person conducting an oral hearing of any reference or appeal may, by giving notice in that behalf in writing to any person, require that person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any books, deeds, contracts, accounts, vouchers, maps, plans or other documents in his possession, custody or control which relate to any such matter. | ||
(b) The following provisions shall have effect for the purposes of the foregoing paragraph: | ||
(i) it shall not be necessary for a person to attend in compliance with a notice at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance have been paid or tendered to him; | ||
(ii) the planning authority shall, at the request of the person conducting the oral hearing, pay or tender to any person whose attendance is required such sum as the person conducting the hearing considers will cover the reasonable and necessary expenses of the attendance; | ||
(iii) any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him, be paid those expenses by the planning authority, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction; | ||
(iv) every person to whom a notice has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any document to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds. | ||
(8) In this section— | ||
“reference” means a reference under section 5 of this Act, | ||
“appeal”, except in paragraph (b) of subsection (3), means an appeal to the Minister under this Act or any order made under this Act. |