Planning and Development Act 2024
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Local authority development requiring public notice | ||
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153. (1) The Minister may, if of the opinion that, by reason of the nature, scale or location of local authority development (other than development excluded from the application of this subsection by subsection (2)) of a particular class or classes, such development shall not be carried out unless confirmed under section 159 , prescribe that class or classes for the purposes of this Chapter. | ||
(2) Local authority development of the following classes is excluded from the application of subsection (1): | ||
(a) local authority development that includes or comprises works of maintenance or repair, other than works to— | ||
(i) a protected structure, or a proposed protected structure that would materially affect the character of— | ||
(I) the protected structure or proposed protected structure, or | ||
(II) any element of such structure that contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, | ||
or | ||
(ii) the exterior of a structure that is located within an architectural conservation area that would materially affect the character of the area concerned; | ||
(b) local authority development that is necessary for the purpose of dealing with any situation that the chief executive of the local authority concerned considers is an emergency situation calling for immediate action; | ||
(c) local authority development that consists of works, other than works involving road widening, to provide— | ||
(i) traffic signs under section 95 of the Road Traffic Act 1961 , or | ||
(ii) traffic calming measures to enhance public bus services or improve facilities for cyclists under section 38 of the Act of 1994; | ||
(d) local authority development that consists of works that a local authority is required to undertake— | ||
(i) by or under any enactment, | ||
(ii) by or under a European act within the meaning of the European Communities Act 2007 , or | ||
(iii) by order of a court; | ||
(e) Chapter 4 local authority development. | ||
(3) Sections 138, 139 and 140 of the Act of 2001 shall not apply to local authority development of a class prescribed under subsection (1). | ||
(4) In this section— | ||
“Act of 1994” means the Road Traffic Act 1994 ; | ||
“public bus service” and “traffic calming measures” have the same meanings as they have in section 38 of the Act of 1994. |