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Amendment of section 35 of Principal Act.
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24.— Section 35 of the Principal Act is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(1) Where, having regard to—
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(a) any information furnished pursuant to regulations made under section 33(2)(l),
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(b) any information available to the planning authority concerning development carried out by a person to whom this section applies pursuant to a permission (in this section referred to as a ‘previous permission’ ) granted to the applicant or to any other person under this Part or Part IV of the Act of 1963,
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(c) any information otherwise available to the planning authority concerning a substantial unauthorised development, or
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(d) any information concerning a conviction for an offence under this Act,
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the planning authority is satisfied that a person to whom this section applies is not in compliance with a previous permission or with a condition to which the previous permission is subject, has carried out a substantial unauthorised development, or has been convicted of an offence under this Act, the authority may form the opinion—
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(i) that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with such permission if granted or with a condition to which such permission if granted would be subject, and
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(ii) that accordingly planning permission should not be granted to the applicant concerned in respect of that development.”,
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(b) by the substitution of the following subsection for subsection (4) (inserted by section 9 of the Act of 2006):
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“(4) If the planning authority considers that there are good grounds for its being able to form the opinion under subsection (1) in relation to an application for permission in respect of the development concerned and, accordingly, to exercise the power under subsection (5) to refuse that permission, it shall serve a notice in writing on the applicant to that effect and that notice shall—
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(a) specify the non compliance with a previous permission or condition of a previous permission, substantial unauthorised development, or conviction for an offence under this Act, as the case may be, that the authority intends to take into consideration with regard to the proposed exercise of that power, and
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(b) invite the applicant to make submissions to the authority within a period specified in the notice as to why the applicant considers that the authority should not exercise that power (whether because the applicant contends that the views of the authority in relation to the failure to comply by the applicant or any other person to whom this section applies with any previous permission, or any condition to which it is subject, the carrying out of substantial unauthorised development or conviction for an offence under this Act, as the case may be, are incorrect or that there are not good grounds for forming the opinion under subsection (1)).”,
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(c) in subsection (7)—
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(i) in paragraph (b) by the substitution of “carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,”, for “carried out a development referred to in subsection (1)(b),”,
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(ii) in paragraph (c)(i) by the substitution of “carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,” for “carried out a development referred to in subsection (1)(b),”, and
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(iii) in paragraph (d), by the substitution of “carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,” for “carried out a development referred to in subsection (1)(b),”.
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