S.I. No. 457/2000 - Planning and Development (No. 2) Regulations, 2000.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 73 , 75 and 262 of the Planning and Development Act, 2000 (No. 30 of 2000) hereby makes the following Regulations:

Citation

1. (1) These Regulations may be cited as the Planning and Development (No.2) Regulations, 2000.

(2) These Regulations and the Planning and Development Regulations, 2000 ( S.I. no. 350 of 2000 ) shall be construed as one and may be collectively cited as the Planning and Development Regulations, 2000.

Commencement.

2. These Regulations shall come into operation on 1 January, 2001.

Interpretation.

3. In these Regulations:—

“the Act of 2000” means the Planning and Development Act, 2000 .

Compulsory acquisition of protected structure.

4. The prescribed documents and particulars for the purposes of section 73(4)(d) of the Act of 2000 shall be—

(a) a copy of the relevant notice published in accordance with section 72(1)(a) of that Act, and

(b) a copy of the relevant notice served in accordance with section 72(1)(b) of that Act.

Vesting order.

5. The prescribed form of vesting order for the purposes of section 75 of the Act of 2000 shall be the form set out in the Schedule to these regulations or a form substantially to the like effect.

Schedule

Article 5

Form of Vesting Order

PLANNING AND DEVELOPMENT ACT, 2000

SECTION 75

............................................................ .... (insert name of planning authority).

VESTING ORDER

WHEREAS the structure described in the Schedule hereto and shown on the map (which has been marked ................................ 1 and sealed with the seal of the planning authority) attached hereto is a protected structure within the meaning of the Planning and Development Act, 2000 (hereinafter called “the Act”);

AND WHEREAS it appears to ........................................................... ² (hereinafter called “the planning authority”) that it is necessary or desirable to acquire the said structure for the protection of the said structure, and the structure is not lawfully occupied as a dwelling house by any person other than a person employed as a caretaker;

AND WHEREAS the planning authority has, in accordance with section 72(1)(a) of the Act, published a notice and, in accordance with section 72(1)(b) of the said Act, served on every owner, lessee and occupier (except tenants for one month or a period less than one month) a notice in relation to the compulsory acquisition of the said protected structure;

³ AND WHEREAS no objection has been submitted to the planning authority under section 73 of the Act;

AND WHEREAS an objection has been submitted to the planning authority under section 73 of the Act and was subsequently withdrawn;

AND WHEREAS an objection has been submitted to the planning authority under section 73 of the Act and has not subsequently been withdrawn, and An Bord Pleanála has granted consent to the compulsory acquisition of the said protected structure by the planning authority;

NOW THEREFORE, the planning authority, in exercise of the powers conferred on it by section 74 of the Act, hereby orders that the said protected structure shall, on the ........... day of ............, ............, ⁴ vest in the planning authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind.

SCHEDULE

Description of protected structure. ⁵

The official seal of the planning authority was affixed hereto this .................. day of ..............., ..............., in the presence of:

................................. ⁶ ..................................... ⁶ ...................................... ⁶

Directions for completing this form.

	GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 20th day of December, 2000.
	NOEL DEMPSEY,
	Minister for the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to prescribe certain documents which must be submitted with an application for the consent of the Board to the compulsory acquisition of a protected structure under the Planning and Development Act, 2000 , and to set out the form of a vesting order for the acquisition of a protected structure.

1 The map should be sealed and marked by a heading containing a reference to the order, e.g. “Map referred to in vesting order made under section 74 of the Local Government (Planning and Development) Act, 1999, on the day of ............., ............, by .................. (name of planning authority)”.

² Insert full description of planning authority.

³ Delete recitals which do not apply.

⁴ Section 75(2) of the Planning and Development Act, 2000 provides that the vesting date shall be a specified date not earlier than 3 weeks after the making of the vesting order.

⁵ The description and location of the protected structure should be set out, with an appropriate reference to the manner in which the structure is shown on the map and its unique identifying number in the relevant record of protected structures.

⁶ The description of the persons in whose presence the seal is affixed should be stated, e.g. “the Lord Mayor”, “Mayor”, “Chairman”, “Nominated Member”, “City Manager and Town Clerk”, “Manager”, etc.