I move that the Committee agree with the Seanad in amendment No. 17:—
New section. Before Section 57 a new section inserted as follows:—
57.—(1) When a planning authority has passed a resolution for the making of a planning scheme and has, before such planning scheme comes into operation, made a special prohibition in relation to any work, such planning authority may, if they are of opinion that the prejudicial effect of proceeding with or doing the work to which such special prohibition relates would be of such nature as to be incapable of being remedied after the coming into operation of such planning scheme, declare, at any time before such planning scheme comes into operation, that any contravention of such special prohibition before such coming into operation shall be unlawful.
(2) Without prejudice to any civil remedy which may be available in the circumstances to the planning authority or any other person, every person who proceeds with or does any work which is a contravention of a special prohibition and is by virtue of a declaration under this section an unlawful contravention of such prohibition shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued, or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine or fines and such imprisonment.
This amendment is substituted for an amendment proposed on Report Stage. A planning authority may declare that planning authority may declare that any contravention of a special prohibition in respect of any work proposed to be undertaken before the coming into operation of a planning scheme shall be unlawful. Should the work be proceeded with, every person who does so shall be guilty of an offence under the section now proposed and be liable on summary conviction to the penalties therein contained. This power is without prejudice to any civil remedy, and the planning authority, or any other person interested, may seek an injunction.
Question agreed to.