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Publication of notices with respect to plans, etc.
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21.—(1) Where a planning authority have prepared a draft of a proposed development plan or of proposed variations of a development plan—
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(a) they shall send copies of the prescribed documents to the prescribed authorities,
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(b) they shall cause notice of the preparation of the draft to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area,
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(c) where the draft includes any provision relating to any structure proposed to be preserved because of its artistic, historic or architectural interest, they shall serve notice (which shall incorporate particulars of the provision) of the preparation of the draft on the owner and on the occupier of the structure,
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(d) where the draft includes any provision relating to the preservation of a public right of way, they shall serve notice (which shall incorporate particulars of the provision and a map indicating the right of way) of the preparation of the draft on the owner and on the occupier of the land.
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(2) A notice under the foregoing subsection shall state—
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(a) that a copy of the draft may be inspected at a stated place and at stated times during a stated period of not less than three months (and the copy shall be kept available for inspection accordingly), and
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(b) that objections or representations with respect to the draft made to the planning authority within the said period will be taken into consideration before the making of the plan or variations (and any such objections or representations shall be taken into consideration accordingly), and
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(c) that any ratepayer making objection with respect to the draft may include in his objection a request to be afforded an opportunity to state his case before a person or persons appointed by the planning authority (and such opportunity shall be afforded to such objector and his statement shall be considered together with his objection),
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and, in the case of a notice served pursuant to paragraph (d) of subsection (1) of this section, the notice shall also state that the draft includes provision relating to the preservation of the public right of way and that there is a right of appeal to the Circuit Court in relation to such provision.
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(3) Any person may, before the expiration of the twenty-one days next following the period stated pursuant to paragraph (a) of subsection (2) of this section, appeal to the Circuit Court against the inclusion in the proposed plan or variations of any such provision as is referred to in paragraph (d) of subsection (1) of this section, and the Court, if satisfied that no public right of way subsists, shall so declare and the provision shall accordingly not be included.
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(4) Where a planning authority make a development plan or variations of any such plan, they shall cause a notice of the making to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area.
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(5) A notice under the foregoing subsection shall state that a copy of the plan or variations is available for inspection at a stated place and at stated times (and the copy shall be kept available for inspection accordingly).
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(6) (a) A document purporting to be a copy of the development plan or of a part thereof and to be certified by an officer of a planning authority as a correct copy shall be prima facie evidence of the plan or part, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.
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(b) Evidence of a development plan or any part thereof may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.
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(c) Where application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him to the planning authority of such fee as they may fix not exceeding the reasonable cost of making the copy.
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