Local Government Act, 1991
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Amendment of City and County Management (Amendment) Act, 1955. |
44.—(1) Notwithstanding anything in section 4 of the City and County Management (Amendment) Act, 1955 — | |
(a) the notice specified in subsection (2) of that section shall, in the case of a resolution under that section relating to a planning function, be signed— | ||
(i) if the land concerned is situated in a single local electoral area, by not less than three members of the local authority concerned, being members consisting of or including not less than three-quarters of the total number of the members who stand elected to the authority for that area (fractions being disregarded), and | ||
(ii) if the land concerned is situated in more than one local electoral area, by not less than three-quarters, as respects each such area, of the total number of the members of the authority who stand elected for that area (fractions being disregarded), | ||
and | ||
(b) it shall be necessary for the passing of a resolution under that section relating to a planning function that the number of the members of the local authority concerned voting in favour of the resolution is not less than three-quarters of the total number of members of the authority (fractions being disregarded). | ||
(2) In this section “a planning function” means a function of a planning authority (within the meaning of the Local Government (Planning and Development) Act, 1963 ) with respect to— | ||
(a) a decision of such an authority made under or pursuant to Part IV of that Act— | ||
(i) on an application for permission or approval for the development of land, or | ||
(ii) pursuant to a condition attached to a permission or approval granted under that Part, | ||
or | ||
(b) a decision under section 4 of the Local Government (Planning and Development) Act, 1982 . |