10Certain work and structures
require consent of Authority
(1)
A work or structure shall not be carried out,
constructed, erected or altered within the development area, and a work or
structure within the development area shall not be altered, without the
written consent of the Authority.
(2)
Application for the consent of the Authority
under subsection (1) may not be made unless all other consents or approvals
required by or under an Act other than this Act for the carrying out,
construction, erection or alteration of the work or structure to which the
application relates have been obtained.
(3)
The Authority may, after investigating an
application for its consent under subsection (1):
(a)
refuse to grant the
application,
(b)
grant the application unconditionally,
or
(c)
grant the application subject to such limitations
and conditions as it thinks fit.
(4)
Where any work or structure has been, or is
being, carried out, constructed, erected or altered in contravention of
subsection (1) or otherwise than in accordance with any limitations or
conditions imposed by the Authority when giving its consent under subsection
(1), a person authorised by the Authority for the purpose may enter the land
on which the work or structure has been, or is being, carried out,
constructed, erected or altered and may:
(a)
demolish the work or structure,
or
(b)
alter the work or structure in such manner as the
Authority directs.
(5)
The cost of demolition or alteration under
subsection (4) may be recovered from the owner or occupier of the land on
which the work or structure was, or was being, erected in any court of
competent jurisdiction as a debt due to the Crown.
(6)
An appeal against a decision of the Authority
under this section or against any neglect or delay by the Authority in giving
a decision under this section lies to the Land and Environment Court in the
same way as an appeal lies under section 176 of the Local
Government Act 1993.
s 10: Am 1979 No 205,
Sch 2, Part 1; 1995 No 11, Sch 1.