Local Government (Planning and Development) Act, 1976

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Amendment of Part IV of Principal Act.

39.—Part IV of the Principal Act is hereby amended by—

(a) the insertion in section 25 (2) of the following paragraph after paragraph (c):

“(cc) in cases in which the development to which the application relates will, in the opinion of the relevant planning authority, cost more than an amount specified in the regulations, the furnishing to that authority of a written study of what, if any, effect the proposed development, if carried out, would have on the environment relative to the place where that development is to take place,”;

(b) the insertion in section 25 (2) of the following paragraph after paragraph (d):

“(dd) enabling planning authorities to invite an applicant to submit to them revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the application relates and, in case such plans, drawings, or particulars are submitted to a planning authority in response to such an invitation, enabling the authority in deciding the application to grant a permission or an approval for the relevant development as modified by all or any of such plans, drawings or particulars,”;

(c) the insertion in section 26 (2) of the following paragraph after paragraph (b):

“(bb) conditions for requiring the taking of measures to reduce or prevent—

(i) the emission of any noise or vibration from any structure comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in that neighbourhood, or

(ii) the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure,”;

(d) the substitution of the following subsection for subsection (3) of section 26:

“(3) (a) In a case in which the development concerned would contravene materially the development plan or any special amenity area order, a planning authority may, notwithstanding any other provision of this Act, decide to grant permission under this section, provided that the following requirements are complied with before the decision is made, namely,

(i) notice in the prescribed form of the intention of the planning authority to consider deciding to grant the permission shall be published in at least one daily newspaper circulating in their area,

(ii) copies of the notice shall be given to the applicant and to any person who has submitted an objection in writing to the development to which the application relates,

(iii) any objection or representation as regards the making of a decision to grant permission and which is received by the planning authority not later than twenty-one days after the first publication of the notice shall be duly considered by the authority, and

(iv) a resolution shall be passed by the authority requiring that a decision to grant permission be made.

(b) It shall be necessary for the passing of a resolution referred to in paragraph (a) of this subsection that the number of the members of the planning authority voting in favour of the resolution exceeds one-third of the total number of the members of the planning authority, and the requirement of this paragraph is in addition to and not in substitution for any other requirement applying in relation to such a resolution.

(c) Where notice is given pursuant to section 4 of the City and County Management (Amendment) Act, 1955 , of intention to propose a resolution which, if passed, would require the manager to decide to grant a permission under this section, then if the manager is of opinion that the development concerned would contravene materially the development plan or any special amenity area order, he shall within seven days of the receipt by him of the notice make an order (a copy of which shall be furnished by him to each of the signatories to the notice) requiring that the provisions of subparagraphs (i), (ii) and (iii) of paragraph (a) of this subsection shall be complied with in the particular case and the order, when made, shall operate to cause the relevant notice given pursuant to the said section 4 to be of no further effect.

(d) If a resolution referred to in paragraph (a) (iv) of this subsection is duly passed, the manager shall decide to grant the relevant permission.”;

(e) the substitution of the following subparagraph for subparagraph (ii) of section 26 (4) (b):

“(ii) in case a notice referred to in subsection (3) of this section is published in relation to the application, within the period of two months beginning on the day on which the notice is first published,”;

(f) the insertion of the following subsection after subsection (4) of section 26:

“(4A) If, but only if, before the expiration of the appropriate period within the meaning of subsection (4) (a) of this section the applicant for a permission under this section gives to the planning authority in writing his consent to the extension by them of that period, the planning authority may extend the period and in case, pursuant to the foregoing, a planning authority make an extension, subsection (4) (b) of this section shall, as regards the particular case to which the extension relates, be construed and have effect in accordance with the extension.”;

(g) the substitution of the following subsection for subsection (8) of section 26:

“(8) A decision given under this section and the notification of such decision shall—

(a) in case the decision is made by a planning authority and is one by which any permission or approval is refused or is granted subject to conditions, comprise a statement specifying the reasons for the refusal or the imposition of conditions, and

(b) in case the decision is made on appeal, comprise a statement specifying the reasons for the decision,

provided that where a condition imposed is a condition described in paragraph (a) or any subsequent paragraph of subsection (2) of this section, a reference to the paragraph of the said subsection (2) in which the condition is described shall be sufficient to meet the requirements of this subsection.”;

(h) the substitution in section 28 (6) of “or may not be used, and in case such grant specifies use as a dwelling as a purpose for which the structure may be used, the permission may also be granted subject to a condition specifying that the use as a dwelling shall be restricted to use by persons of a particular class or description and that provision to that effect shall be embodied in an agreement pursuant to section 38 of this Act” for “be used”;

(i) the insertion of the following subsections after subsection (2) of section 30:

“(2A) A planning authority shall neither revoke nor modify a permission under this section unless there has been a change in circumstances relating to the proper planning and development of the area concerned and such change in circumstances has occurred,

(a) in case a notice relating to the permission is served under this section and is annulled, since the annulment of the notice,

(b) in case no notice is so served, since the granting of the permission.

(2B) In case a planning authority pursuant to this section revoke or modify a permission, they shall specify in their decision the change in circumstances which warranted the revocation or modification.”;

(j) the insertion of the following subsection after subsection (1) of section 38:

“(1A) A planning authority in entering into an agreement under this section may join with any body which is a prescribed authority for the purposes of section 21 of this Act.”;

(k) the substitution in section 38 (2) of “the planning authority or any body joined with them” for “the planning authority” where that expression firstly occurs and of “the planning authority or such body, as may be appropriate,” for “the planning authority” where the expression secondly occurs; and

(l) the insertion in section 38 (3) of “, the Board” after “the Minister”.