asked the Minister for Local Government if he is aware that under Section 57 of the Town Planning Act, 1934, persons who desire to preserve their property can be and are prevented from so doing by the local authority; if he has considered the question as to whether such persons will be entitled to compensation in respect of such prohibition; and, if so, with what result.
Questions— Written Answers. - Preservation of Property.
I presume the Deputy has in mind the question of maintenance and repair of existing structures. I am not aware that it is the practice to invoke planning powers unreasonably. In this connection, it is my practice to consider sympathetically any such case which is brought before me on appeal.
The Acts empower me to make a declaration that compensation is payable in respect of an interim direction where I am satisfied that such would be payable if a planning scheme were brought into operation and that there would be undue hardship in complying with the direction of the interim period. Each such case must, of course, be considered on its merits.