|
|
Miscellaneous amendments of Principal Act.
|
43.—(1) The Principal Act is hereby amended by—
|
|
| |
(a) the addition to subsection (6) of section 2 of the following paragraph:
|
|
| |
“(c) A declaration made under this subsection may be amended by the council of a county by whom it was made and the making of any such amendment shall be a reserved function.”;
|
|
| |
(b) the insertion in paragraph (i) of section 4 (1) of “, not being works comprised in the fencing or enclosure of land which has been open to or used by the public within the ten years preceding the date on which the works are commenced” after “Land Reclamation Act, 1949”;
|
|
| |
(c) the insertion of the following new subsection after subsection (1) of section 4:
|
|
| |
“(1A) Where a planning authority in their development plan, for the purpose mentioned in paragraph 5A of Part IV of the Third Schedule to this Act, (inserted therein by section 43 of the Local Government (Planning and Development) Act, 1976), indicate objectives for the preservation of specified fixtures or features which form part of the interior of a structure specified in the development plan and which are stated in such plan to be of artistic, historic or architectural interest, then, notwithstanding subsection (1) of this section, works which involve the alteration or removal of, or which may cause injury to, any such fixture or feature shall not be exempted development for the purposes of this Act.”;
|
|
| |
(d) the insertion of the following new paragraph after paragraph (c) of section 14 (2):
|
|
| |
“(cc) a body or person providing homes or shelters for stray or unwanted dogs and cats,”;
|
|
| |
(e) the addition of “, or make a new development plan” to section 20 (1);
|
|
| |
(f) the insertion of the following new subsection after subsection (1) of section 20:
|
|
| |
“(1A) The Minister may extend (either in relation to planning authorities generally or in a particular case) the period during which a planning authority may comply with the requirements of subsection (1) of this section.”;
|
|
| |
(g) the substitution of the following paragraph for paragraph (c) of section 21 (1):
|
|
| |
“(c) where the draft includes any provision relating to any structure or internal fixture or feature 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 concerned,”;
|
|
| |
(h) the addition of the following new subsection to section 22:
|
|
| |
“(5) Where under this section the Minister requires a planning authority to vary the development plan, pending compliance by them with the requisition it shall be the duty of the authority to have regard to the requisition in the performance of their functions under this Act.”;
|
|
| |
(i) the substitution in subsection (1) of section 76 of “if there is an objection to the order and the objection is not withdrawn, the Minister shall cause an oral hearing to be held and shall afford the person making the objection an opportunity of being heard” for all the words from “the Minister shall” to the end of the subsection;
|
|
| |
(j) the addition to section 76 of the following subsection:
|
|
| |
“(3) The Minister may, if he thinks fit, approve an order under this section in so far only as it relates to a part specified by him of the right of way which the order proposes to extinguish, and in case the Minister so approves such an order, the order shall be construed and have effect in accordance with the approval.”;
|
|
| |
(k) the addition of “buildings or structures for the purpose of providing homes or shelters for stray or unwanted dogs and cats,” to paragraph (b) of section 77 (2); and
|
|
| |
(l) the insertion of the following paragraph in Part IV of the Third Schedule before paragraph 6:
|
|
| |
“5A. Preservation of plasterwork, staircases, woodwork or other fixtures or features of artistic, historic or architectural interest and forming part of the interior of structures.”.
|
|
| |
(2) The reference to the Minister in subsection (6) of section 7 of the Principal Act shall be construed as including a reference to the Board and the provisions of that subsection shall be construed and have effect accordingly.
|
