Planning and Development Act 2024
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Application to District Court for necessary consent | ||
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319. (1) Without prejudice to section 318 , a person served with a notice under section 312 , 313 or 314 may apply to the District Court for an order under subsection (3) if— | ||
(a) that person is unable, without the consent of another person, to carry out the works required under the notice, and | ||
(b) the other person— | ||
(i) withholds consent to the carrying out of those works, or | ||
(ii) cannot be identified or found. | ||
(2) An application under subsection (1)— | ||
(a) in the case of a person referred to in subparagraph (i) of paragraph (b) of subsection (1), shall be made on notice to the person, and | ||
(b) in the case of a person referred to in subparagraph (ii) of paragraph (b) of subsection (1), shall be made after affixing notice of the applicant’s intention to make such an application in a conspicuous place on the structure concerned. | ||
(3) If, on hearing an application under subsection (1), the District Court determines that— | ||
(a) the consent of a person referred to in subparagraph (i) of paragraph (b) of subsection (1), has been unreasonably withheld, or | ||
(b) that it would have been unreasonable for a person referred to in subparagraph (ii) of paragraph (b) of subsection (1) to refuse consent if the person had been identified or found, | ||
it may, at its discretion, make an order that the person making the application shall be entitled to carry out the works required under the notice. |