Planning and Development Act 2024
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Power to direct payment of certain costs | ||
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417. (1) Where the Commission has made a decision in the performance of any section 410 functions, it may at its absolute discretion direct the payment of such sum as it considers reasonable by the local authority concerned or, in the case of paragraph (c), (d) or (e) of subsection (1) of section 410 , the person who applied for the acquisition order (hereafter in this section referred to as the “applicant”)— | ||
(a) to the Commission towards the costs and expenses incurred by the Commission in determining the matter, including— | ||
(i) the costs of holding any oral hearing in relation to the matter, | ||
(ii) the fees of any consultants or advisers engaged in the matter, and | ||
(iii) an amount equal to such portion of the remuneration and any allowances for expenses paid to the members and employees of the Commission as the Commission determines to be attributable to the performance of duties by the members and employees in relation to the matter, | ||
and | ||
(b) to any person appearing at an oral hearing held in relation to the matter as a contribution towards the costs, other than the costs referred to in section 370 , incurred by that person of appearing at that hearing, | ||
and the local authority or applicant, as appropriate, shall pay the sum. | ||
(2) The reference in paragraph (b) of subsection (1) to costs shall be construed as a reference to such costs as the Commission in its absolute discretion considers to be reasonable costs. | ||
(3) If a local authority or applicant, as appropriate, fails to pay a sum directed to be paid under subsection (1), the Commission or any other person concerned, as the case may be, may recover the sum from the authority or applicant, as appropriate, as a simple contract debt in any court of competent jurisdiction. |