S.I. No. 216/1964 - Local Government (Planning and Development) Act, 1963, (Appeals and References) Regulations, 1964.

S.I. No. 216 of 1964.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963, (APPEALS AND REFERENCES) REGULATIONS, 1964.

The Minister for Local Government in exercise of the powers conferred on him by sections 10 and 82 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) hereby makes the following Regulations :—

1. These Regulations may be cited as the Local Government (Planning and Development) Act, 1963 , (Appeals and References) Regulations, 1964.

2. (1) In these Regulations—

" the Act " means the Local Government (Planning and Development) Act, 1963 ;

" the Minister " means the Minister for Local Government ;

" appeal " means an appeal to the Minister under the Act or any order made under the Act;

" reference " means a reference under section 5 of the act ;

" oral hearing " means an oral hearing of an appeal or of a reference.

(2) In these Regulations a party to an appeal or reference means—

(a) as respects an appeal —

(i) the appellant,

(ii) the planning authority against whose decision an appeal is made,

(iii) the applicant for any permission, approval or licence in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

(iv) any person served by a planning authority with a notice or order in relation to which an appeal is made by another person, and

(b) as respects a reference—

(i) the person making the reference,

(ii) the planning authority for the area in which the land or structure to which the particular reference relates is situated,

(iii) any other person with whom the question to which the particular reference relates has arisen.

3. An appeal shall be made in writing and shall state the subject matter of the appeal and the grounds of appeal.

4. A reference of any question as to what, in any particular case, is or is not development or exempted development shall be made in writing to the Minister and shall state the question that has arisen and the name and address of the person with whom the question has arisen.

5. On receipt of an appeal or reference from a person, the Minister shall give to each other party to the appeal or reference a copy thereof.

6. A person to whom a copy of an appeal or reference has been given may, within such period as may at any time be specified by the Minister, make in writing to the Minister such observations on the appeal or reference as he thinks fit and a copy of such observations shall be given by the Minister to each other party to the appeal or reference or, where a number of persons have made the appeal or reference jointly, to any one of such persons.

7. (1) A party to an appeal or reference shall give to the Minister any document or information which the Minister considers necessary for the purpose of determining the appeal or reference.

(2) Any such document and information given to the Minister by a party to an appeal, or a copy thereof, shall be available to each other person who is a party to the appeal or reference for inspection at the offices of the Minister and at the offices of the planning authority.

(3) Where a person neglects or refuses to give to the Minister any such document or information within such period as may at any time be specified by the Minister, the Minister may determine the appeal or reference without the document or information.

8. The Minister may require any party to an appeal or reference to give such public notice thereof as the Minister may specify and in particular may require such notice to be given by publication in a newspaper circulating in the district in which the land or structure, to which the appeal or reference is related, is situated or by the affixing of such notice or permitting such notice to be affixed in a conspicuous position on any specified land or structure in the district.

9. Considerations relating to the proper planning and development of the area which are taken into account by the Minister in determining an appeal may include matters other than those put before him by the parties to the appeal where such considerations have been broughtto the notice of the said parties and the said parties have been afforded an opportunity to make observations thereon to the Minister or, in the case of an oral hearing, to the person conducting the hearing.

10. Any party to an appeal or reference may request an oral hearing and, if such request is made and is not withdrawn, the Minister shall inform each of the other parties of the request and give each party not less than seven days notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all the parties to the appeal or reference.

11. The Minister may, at any time before the opening of an oral hearing alter the time or place of the opening of the hearing and, in the event of such alteration, the Minister shall give not less than seven days notice of the new time or place or such shorter notice as may be accepted by all the parties to the appeal or reference.

12. A request for an oral hearing shall be made in writing and may, if not made at the same time as the appeal or reference, be made to the Minister at any time before the determination of the appeal or reference.

13. If a request for an oral hearing is withdrawn after the Minister has informed any other party of the request, the Minister shall give that party not less than seven days notice of the withdrawal before determining the appeal or reference without an oral hearing.

14. The Minister may direct that an oral hearing be held of an appeal or reference notwithstanding that a request for an oral hearing has not been made by any party to the appeal or reference or that every such request has been withdrawn.

15. An oral hearing shall be conducted by a person appointed for that purpose by the Minister generally or for a particular appeal or reference or for appeals or references of a particular class (including appeals or references relating to land in the area of a particular planning authority).

16. (1) A person conducting an oral hearing may adjourn or reopen any hearing or, notwithstanding that any party to the appeal or reference has failed to attend a hearing, proceed with the hearing.

(2) Notice of the time and place of the re-opening of an oral hearing or resumption of an oral hearing that has been adjourned indefinitely shall be given by the person appointed to conduct the hearing not less than seven days before the said time unless all the parties to the appeal or reference accept shorter notice.

(3) Unless the Minister otherwise directs, an oral hearing shall not be re-opened after the report thereon has been submitted to the Minister.

17. An oral hearing may be held on the land or in the structure to which the appeal or reference is, related if—

(a) the appellant or the person making the reference is the occupier or, where the land or structure is unoccupied, is the owner, or

(b) the occupier consents or, where the land or structure is unoccupied, the owner consents.

18. At an oral hearing, the person conducting the hearing shall have discretion as to the conduct of the hearing and in particular shall—

(a) conduct the hearing without undue formality,

(b) decide the order of appearance of the parties,

(c) permit any party to appear in person or to be represented by another person, and

(d) hear, if he thinks fit, any person who is not a party to the appeal or reference.

19. After an oral hearing, the person who conducted the hearing shall furnish a report thereon to the Minister and the Minister shall consider the report before giving his decision on the appeal or reference.

20. If, for any reason, the person appointed fails to conduct an oral hearing or to furnish a report on an oral hearing to the Minister, the Minister may appoint another person to conduct the oral hearing or to conduct a new oral hearing.

GIVEN under the Official Seal of the Minister for Local Government this seventh day of September, 1964.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations prescribe matters of procedure in relation to—

(a) appeals to the Minister for Local Government under the Local Government (Planning and Development) Act, 1963 and under orders made under that Act, and

(b) references under section 5 of that Act to the Minister for Local Government of questions as to what in any particular case is or is not exempted development.