S.I. No. 219/1964 - Local Government (Planning and Development) Act, 1963, (Miscellaneous) Regulations, 1964.

S.I. No. 219 of 1964.

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

The Minister for Local Government in exercise of the powers conferred on him by sections 10 , 21 and 76 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 , (Miscellaneous) Regulations, 1964.

2. In these Regulations—

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

" the Minister " means the Minister for Local Government.

3. (1) The prescribed documents for the purposes of paragraph (a) of subsection (1) of section 21 of the act shall be—

(i) a copy of the written statement comprised in any draft of a proposed development plan, or of proposed variations of a development plan, and

(ii) a copy of the notice of the preparation of the draft published in accordance with paragraph (b) of the said subsection.

(2) The prescribed authorities for the purposes of paragraph (a) of subsection (1) of section 21 of the act shall be—

(a) An Chomhairle Ealaíon,

(b) Bord Fáilte Éireann,

(c) An Taisce—the National Trust for Ireland,

(d) The National Monuments Advisory Council,

(e) The Minister,

(f) The Minister for Industry and Commerce,

(g) The Minister for Lands,

(h) The Minister for Defence,

(i) Every planning authority whose area is contiguous to the area of the planning authority which prepared the draft,

(j) Every local authority in the area to which the draft relates.

4. (1) Where an order is made by a planning authority under section 76 of the act for the extinguishment of any public right of way, they shall, not less than three weeks before submitting the order to the Minister for approval—

(a) publish in one or more newspapers circulating in their area a notice in the form set out in the Schedule to these Regulations, describing the public right of way to which the order relates and naming a place where a copy of the order and a map indicating the public right of way may be inspected during office hours, and

(b) affix a copy of such notice in a prominent position at each end of the public right of way to which the order relates.

(2) Every notice affixed in accordance with this Regulation shall be kept exhibited in such position for a period of not less than three weeks.

(3) A copy of the order and a map indicating the public right of way described in the order shall be kept available for inspection in accordance with the terms of the published notice.

SCHEDULE.

Local Government (Planning and Development) Act, 1963 Extinguishment of public right of way.

Notice is hereby given that the (name of the planning authority)............ ............................................................ ...............................................in pursuance of section 76 of the Local Government (Planning and Development) Act, 1963 , have made an order, which will be submitted to the Minister for Local Government for his approval, ordering that the public right of way described in the Schedule hereto shall be extinguished as from the date of the approval of the said order by the said Minister.

A copy of the said order and a map indicating the public right of way have been deposited at ............................................................ ...........(offices of the planning authority) ......................................................and may be inspected there during office hours.

Any objection to the said order should be made in writing addressed to the Minister for Local Government, Custom House, Dublin, 1. The Act provides that the Minister shall not approve the order until he has caused a public local inquiry to be held and has considered any objections to the order not withdrawn and the report of the person who held the inquiry.

Schedule.

(Insert here such description as may be sufficient to identify the public right of way to which the order relates)

Dated this......................................day of............................................................ ..............................................196....

(Signature) ............................................................ ....................

County Secretary/Town Clerk.

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 the documents to be sent and the authorities to whom they are to be sent, in pursuance of section 21 of the Local Government (Planning and Development) Act, 1963 , by a planning authority that has prepared a draft of a proposed development plan under that Act, or a draft of proposed variations of such a development plan. The Regulations also prescribe the manner of publication of an order relating to the extinguishment of a public right of way by a planning authority under section 76 of the Local Government (Planning and Development) Act, 1963 .