Local Government (Planning and Development) Act, 1963

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Number 28 of 1963.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

PART II.

Financial Provisions.

PART III.

Development Plans.

PART IV.

Control of Development and of Retention of Certain Structures, etc.

PART V.

Amenities.

PART VI.

Compensation.

PART VII.

Acquisition of Land, etc.

PART VIII.

Miscellaneous.

FIRST SCHEDULE.

Towns.

SECOND SCHEDULE.

Repeals.

THIRD SCHEDULE.

Purposes for which Objectives may be indicated in Development Plan.

FOURTH SCHEDULE.

Rules inserted in Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919.

FIFTH SCHEDULE.

Matters for which Building Regulations may prescribe Standards.

Number 28 of 1963.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963.

AN ACT TO MAKE PROVISION, IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROPER PLANNING AND DEVELOPMENT OF CITIES, TOWNS AND OTHER AREAS, WHETHER URBAN OR RURAL (INCLUDING THE PRESERVATION AND IMPROVEMENT OF THE AMENITIES THEREOF), TO MAKE CERTAIN PROVISIONS WITH RESPECT TO ACQUISITION OF LAND, TO REPEAL THE TOWN AND REGIONAL PLANNING ACTS, 1934 AND 1939, AND CERTAIN OTHER ENACTMENTS AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [7th August, 1963.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and commencement.

1.—(1) This Act may be cited as the Local Government (Planning and Development) Act, 1963.

(2) This Act shall come into operation as follows:

(a) this section shall come into operation on the passing of this Act,

(b) sections 86, 87 and 88 and subsection (5) of section 92 shall come into operation on the day fixed for that purpose by the Minister for Local Government by order,

(c) if an order is made under paragraph (a) of subsection (3) of this section, the rest of this Act shall come into operation on the day appointed by that order,

(d) if an order is not made under paragraph (a) of subsection (3) of this section, the rest of this Act shall come into operation in an area on the day appointed with respect to that area by order made under paragraph (b) of that subsection.

(3) The Minister for Local Government—

(a) may by order appoint a day to be the day appointed under this Act, or

(b) may by orders appoint two or more different days to be, with respect to different areas respectively, the days appointed under this Act.

Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919 ;

“the Act of 1934” means the Town and Regional Planning Act, 1934 (repealed by this Act);

“advertisement” means any word, letter, model, balloon, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction;

“advertisement structure” means any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for exhibiting advertisements;

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, the use of land for turbary, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

“alteration” includes any plastering or painting which materially alters the external appearance of a structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures;

“appointed day” means—

(a) if a day is appointed under paragraph (a) of subsection (3) of section 1 of this Act, that day, and

(b) if a day is not appointed under that paragraph, the day appointed under paragraph (b) of that subsection with respect to the relevant area;

“building regulations” has the meaning assigned to it by section 86;

“car park” has the same meaning as in section 101 of the Road Traffic Act, 1961 ;

“development” has the meaning assigned to it by section 3, and “develop” shall be construed accordingly;

“development plan” has the meaning appropriate in accordance with subsection (9) of section 19;

“exempted development” has the meaning specified in section 4;

“exhibit”, in relation to an advertisement, includes affix, inscribe, print, paint and otherwise delineate;

“fence” includes a hoarding or similar structure;

“functions” includes powers and duties;

“land” includes any structure and any land covered with water (whether inland or coastal) and, in relation to the acquisition of land, includes any interest or right in or over land (including an interest or right granted by or held from the authority acquiring the land);

“local authority” means a local authority for the purposes of the Local Government Act, 1941 ;

“the Minister” means the Minister for Local Government;

“non-municipal town” means a place (not being a county borough, borough, urban district or town in which the Towns Improvement (Ireland) Act, 1854 , is in operation) which is designated a town in the report of the census of population taken in the year 1956;

“obsolete area” means an area consisting of land (in this definition referred to as the principal land) which, in the opinion of the planning authority, is badly laid out or the development of which has, in their opinion, become obsolete, together with such land contiguous or adjacent to the principal land as, in the opinion of the planning authority, is necessary for the satisfactory development or user of the principal land;

“owner”, in relation to land, means, a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

“prescribed” means prescribed by regulations made by the Minister;

“public place” means any street, road, seashore or other place to which the public have access whether as of right or by permission and whether subject to or free of charge;

“public road” has the same meaning as in the Road Traffic Act, 1961 ;

“the register” means the register kept under section 8;

“reserved function” means—

(a) with respect to the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1955, a reserved function for the purposes of the County Management Acts, 1940 to 1955,

(b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

“road” has the same meaning as in the Road Traffic Act, 1961 ;

“scheduled town” means—

(a) any town specified in Part I of the First Schedule to this Act, or

(b) any non-municipal town specified in Part II of that Schedule;

“seashore” has the same meaning as in the Foreshore Act, 1933 ;

“special amenity area order” means an order confirmed under section 43;

“statutory undertaker” means a person authorised by a British or Saorstát Éireann statute or an Act of the Oireachtas or an order having statutory force to construct, work, or carry on a railway, canal, inland navigation, dock, harbour, gas, electricity, or other public undertaking;

“structure” means any building, erection, structure, excavation, or other thing constructed, erected, or made on, in, or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situate;

“unauthorised structure” means—

(a) in relation to a structure in an area in relation to which a resolution under section 26 of the Act of 1934 was passed, a structure other than—

(i) a structure in existence when that resolution was passed,

(ii) a structure for which there was a general or special permission under that Act, being a permission which has not been revoked,

(iii) a structure the construction, erection or making of which was the subject of a permission for development granted under section 26 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out on or after the appointed day of exempted development,

(iv) a structure for the retention of which a permission was granted under section 27 of this Act, being a permission which has not been revoked,

(v) a structure which, immediately before the appointed day, had the protection afforded by section 15 of the Act of 1934, or

(b) in relation to a structure in any other area, a structure other than—

(i) a structure in existence on the commencement of the appointed day, or

(ii) a structure the construction, erection or making of which was the subject of a permission for development granted under section 26 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out on or after the appointed day of exempted development;

“unauthorised use” means, in relation to land, use commenced on or after the appointed day, the change in use being a material change and being development other than development the subject of a permission granted under section 26 of this Act or exempted development;

“use”, in relation to land, does not include the use of the land by the carrying out of any works thereon;

“works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal.

(2) In this Act “planning authority” means—

(a) in the case of a county exclusive of any borough or urban district therein, the council of the county,

(b) in the case of a county or other borough, the corporation of the borough, and

(c) in the case of an urban district, the council of the district,

and references to the area of the planning authority shall be construed accordingly.

(3) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.

(4) Any reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.

(5) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(6) (a) A town specified in Part II of the First Schedule to this Act shall be taken for the purposes of this Act as comprising the area declared by the council of the county in which the town is situate to be comprised therein for those purposes.

(b) Declaration of any such area shall be a reserved function.

(7) In subsection (1) of section 22 , subsection (1) of section 26 , subsection (1) of section 27 , subsection (2) of section 30 , subsection (2) of section 31 , subsection (2) of section 32 , subsection (2) of section 33 , subsection (2) of section 35 , subsection (3) of section 36 and subsection (3) of section 37 of this Act—

(a) the references to the provisions of the development plan shall, until that plan is made, be construed as references to the provisions which the planning authority consider will be included in that plan;

(b) the references to the provisions of any special amenity area order relating to the area of the planning authority shall be construed as including references to any provisions which the planning authority consider will be included in a special amenity area order relating to their area.

(8) The Minister may by order vary the First Schedule to this Act by addition or deletion, but, where any such order is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

Development.

3.—(1) “Development” in this Act means, save where the context otherwise requires, the carrying out of any works on, in, or under land or the making of any material change in the use of any structures or other land.

(2) For the purposes of subsection (1) of this section and without prejudice to the generality thereof—

(a) where any structure or other land or any tree or other object on land becomes used for the exhibition of advertisements, or

(b) where land becomes used for any of the following purposes:

(i) the placing or keeping of any vans, tents or other objects, whether or not moveable and whether or not collapsible, for the purpose of caravanning or camping or the sale of goods,

(ii) the storage of caravans or tents,

(iii) the deposit of bodies or other parts of vehicles, old metal, mining or industrial waste, builders' waste, rubble or debris,

the use of the land shall be taken as having materially changed.

(3) For the avoidance of doubt it is hereby declared that for the purposes of this section the use as two or more dwellings of any structure previously used as a single dwelling involves a material change in the use of the structure and of each part thereof which is so used.

Exempted development.

4.—(1) The following shall be exempted developments for the purposes of this Act:

(a) development consisting of the use of any land for the purposes of agriculture or forestry (including afforestation), and development consisting of the use for any of those purposes of any building occupied together with land so used;

(b) development by the council of a county in the county health district;

(c) development by the corporation of a county or other borough in such borough;

(d) development by the council of an urban district in such district;

(e) development consisting of the carrying out by the corporation of a county or other borough or the council of a county or an urban district of any works required for the construction of a new road or the maintenance or improvement of a road;

(f) development consisting of the carrying out by any local authority or statutory undertaker of any works for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, cables, overhead wires, or other apparatus, including the breaking open of any street or other land for that purpose;

(g) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures;

(h) development consisting of the use of any structure or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(i) development consisting of the carrying out of any of the works referred to in the Land Reclamation Act, 1949 .

(2) (a) The Minister may by regulations provide for any class of development being exempted development for the purposes of this Act and such provision may be either without conditions or subject to conditions and either general or confined to a particular area or place.

(b) Regulations under this subsection may, in particular and without prejudice to the generality of the foregoing paragraph, provide, in the case of structures or other land used for a purpose of any specified class, for the use thereof for any other purpose being exempted development for the purposes of this Act.

(3) References in this Act to exempted development shall be construed as references to development which is—

(a) any of the developments specified in subsection (1) of this section, or

(b) development which, having regard to any regulations under subsection (2) of this section, is exempted development for the purposes of this Act.

References to the Minister.

5.—(1) If any question arises as to what, in any particular case, is or is not development or exempted development, the question shall be referred to and decided by the Minister.

(2) Where a decision is given under this section, an appeal to the High Court from the decision may be taken at any time within the period of three months after the giving of the decision or such longer period as the High Court may in any particular case allow.

Power of examination, investigation and survey.

6.—(1) A planning authority shall have all such powers of examination, investigation and survey as may be necessary for the performance of their functions in relation to this Act or to any other Act under which they have functions affected by the performance of their functions under this Act.

(2) In particular and without prejudice to the generality thereof, subsection (1) of this section shall be construed as conferring powers to make—

(a) examinations of tourist potential, interest and need,

(b) land use surveys,

(c) traffic, sociological and demographic surveys.

Service of notices, etc.

7.—(1) Where a notice or copy of an order is required or authorised by this Act or any order or regulation made thereunder to be served on or given to a person, it shall be addressed to him and shall be served on or given to him in some one of the following ways:

(a) where it is addressed to him by name, by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be given or served in respect of any land or premises, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.

(2) Where a notice or copy of an order is required by this Act or any order or regulation made thereunder to be served on or given to the owner or to the occupier of any land or premises and the name of the owner or of the occupier (as the case may be) cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier” (as the case may require) without naming him.

(3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1959, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) Where a notice or copy of an order is served on or given to a person by affixing it under paragraph (d) of subsection (1) of this section, a copy of the notice or order shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided.

(5) A person who, at any time during the period of three months after a notice is affixed under paragraph (d) of subsection (1) of this section, removes, damages or defaces the notice without lawful authority shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(6) Where the Minister is satisfied that reasonable grounds exist for dispensing with the serving or giving under this Act or under any order or regulation made thereunder of a notice or copy of an order and that dispensing with the serving or giving of the notice or copy will not cause injury or wrong, he may dispense with the serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof.

(7) A dispensation under the foregoing subsection may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent.

Register.

8.—(1) A planning authority shall keep a register (in this Act referred to as the register) for the purposes of this Act in respect of all land within their area affected by this Act, and shall make all such entries and corrections therein as may from time to time be appropriate in accordance with this Act and any regulations made thereunder.

(2) The register shall incorporate a map for enabling a person to trace any entry in the register.

(3) The register shall be kept at the offices of the planning authority and shall be available for inspection during office hours.

(4) (a) A document purporting to be a copy of an entry in the register and to be certified by an officer of the planning authority as a correct copy shall be prima facie evidence of the entry and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.

(b) Evidence of an entry in the register may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the register itself.

(c) Where application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him to the planning authority of a fee of ten shillings in respect of each entry.

Obligation to give information to planning authority.

9.—(1) A planning authority may, for any purpose arising in relation to their functions under this Act, by notice in writing require the occupier of any structure or other land or any person receiving, whether for himself or for another, rent out of any structure or other land to state in writing to such authority, within a specified time not less than fourteen days after being so required, particulars of the estate, interest, or right by virtue of which he occupies such structure or other land or receives such rent (as the case may be), and the name and address (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such structure or other land.

(2) Every person who is required under this section to state in writing any matter or thing to a planning authority and either fails so to state such matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his knowledge false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty pounds.

Regulations generally.

10.—(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Repeals.

11.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

PART II.

Financial Provisions.

Expenses of administration of Minister.

12.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas.

Charging of expenses of planning authority who are council of a county.

13.—Expenses under this Act of a planning authority who are the council of a county shall be charged on the county (exclusive of every borough and urban district therein).

Assistance by planning authority in certain cases.

14.—(1) A planning authority may assist any of the bodies and persons specified in subsection (2) of this section by helping the body or person in money or kind or by the provision of services or facilities (including the services of staff).

(2) The bodies and persons referred to in subsection (1) of this section are:

(a) a local development association,

(b) a company under the Companies Acts, 1908 to 1959, having as one of its objects the object of providing amenities and facilities at tourist resorts and developing tourist traffic at or to such resorts,

(c) a body or person concerned, with respect to the area of the planning authority, in the preservation or development of amenities (including the preservation of flora and fauna and of buildings, caves, sites, features and objects of artistic, architectural, archaeological, geological or historical interest) or in the carrying out of works of local improvement (including parking places) or maintenance of amenities,

(d) in case the planning authority are the council of a county, the commissioners of a town in the county having commissioners.

(3) Assisting under this section shall be a reserved function.

Contribution towards training and research.

15.—(1) A planning authority may, within such limits and on such conditions as may be fixed by the Minister from time to time, contribute to the funds of any body which provides for training and research in relation to town and regional planning.

(2) Contributing under this section shall be a reserved function.

Apportionment of joint expenses.

16.—(1) Two or more planning authorities may make and carry out an agreement for sharing the cost of performing all or any of their functions under this Act and, where an agreement has been made under this subsection, the planning authorities concerned may terminate it at any time if they so agree.

(2) Where the Minister is satisfied that a planning authority propose to perform in their area a function under this Act wholly or partially in the interests of the area of, or at the request of, another planning authority (being a planning authority whose area is contiguous with the area of the first-mentioned planning authority), the other planning authority shall defray the cost of the performance of the function to such extent as may be agreed upon between the authorities or, in default of agreement, as may be determined by the Minister.

(3) The making of an agreement under this section shall be a reserved function.

Power to set off.

17.—Where a sum is due under this Act to any person by a planning authority and, at the same time, another sum under this Act is due by that person to that authority, the former sum may be set off against the latter either, as may be appropriate, in whole or in part.

Payment of sum to or by appellant.

18.—(1) Where an appeal is made to the Minister under this Act or under any order under this Act against a decision of a planning authority—

(a) the Minister, if he so thinks proper and irrespective of the result of the appeal, may direct the planning authority to pay—

(i) to the appellant, such sum as the Minister, in his absolute discretion, specifies as compensation to the appellant for the expense occasioned to him in relation to the appeal,

(ii) to the Minister, such sum as, in his absolute discretion, he specifies as compensation to him towards the expense incurred by him in relation to the hearing of the appeal;

(b) if, but only if, the appeal fails, the Minister, if he so thinks proper, may direct the appellant to pay—

(i) to the planning authority, such sum as the Minister, in his absolute discretion, specifies as compensation to the planning authority for the expense occasioned to them in relation to the appeal,

(ii) to the Minister, such sum as, in his absolute discretion, he specifies as compensation to him towards the expense incurred by him in relation to the hearing of the appeal.

(2) Any sum directed under this section to be paid shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

PART III.

Development Plans.

Obligation to make development plan and contents of plan.

19.—(1) Every planning authority shall, within the period of three years beginning on the appointed day (or such longer period as the Minister may in any particular case allow), make a plan indicating development objectives for their area.

(2) A development plan shall consist of a written statement and a plan indicating the development objectives for the area in question, including objectives—

(a) with respect to county boroughs, boroughs, urban districts and scheduled towns—

(i) for the use solely or primarily (as may be indicated in the development plan) of particular areas for particular purposes (whether residential, commercial, industrial, agricultural or otherwise),

(ii) for securing the greater convenience and safety of road users and pedestrians by the provision of parking places or road improvements or otherwise,

(iii) for development and renewal of obsolete areas,

(iv) for preserving, improving and extending amenities;

(b) with respect to other areas—

(i) for development and renewal of obsolete areas,

(ii) for preserving, improving and extending amenities,

(iii) for the provision of new water supplies and sewerage services and the extension of existing such supplies and services.

(3) Without prejudice to the foregoing subsection and subsection (5) of this section, a development plan may indicate the objectives for any of the purposes mentioned in the Third Schedule to this Act and, with respect to areas other than county boroughs, boroughs, urban districts and scheduled towns, objectives for the use solely or primarily (as may be indicated in the development plan) of particular areas for particular purposes (whether residential, commercial, industrial, agricultural or otherwise).

(4) Where a planning authority propose to include in a development plan any development objective the responsibility for the effecting of which would fall on another local authority, the planning authority shall not include that objective in the plan save after consultation with the other local authority.

(5) A planning authority may make either—

(a) one development plan, being a plan in relation to the whole of their area and all the subparagraphs in paragraph (a) and, where appropriate, paragraph (b) of subsection (2) of this section, or

(b) two or more development plans, each plan being a plan in relation to the whole of their area and some one or more of those subparagraphs or to a part of their area and all or some one or more of those subparagraphs.

(6) (a) The making of an application to the Minister for the allowance of such a longer period as is referred to in subsection (1) of this section shall be a reserved function.

(b) Where a planning authority have applied to the Minister for the allowance of such a longer period as is referred to in subsection (1) of this section, they shall cause notice of the application to be published in at least one newspaper circulating in their area and in the Iris Oifigiúil.

(c) A notice under the foregoing paragraph—

(i) shall specify the longer period applied for, and

(ii) shall state that objections with respect to the application made to the Minister within a specified period of not less than one month will be taken into consideration before the grant of the application (and such objections shall be taken into consideration accordingly).

(7) The making of a development plan or any variations of any such plan shall be a reserved function.

(8) Regulations may make provision with respect to the making available for purchase by the public of printed copies of development plans and extracts therefrom.

(9) (a) Any reference in this Act to a development plan shall be construed as a reference to a plan under subsection (1) of this section (subject to any variations thereof).

(b) In this Act “the development plan” means the plan or plans under subsection (1) of this section of the relevant planning authority (subject to any variations thereof).

Obligation to review development plan and variations of plan.

20.—(1) Where a planning authority have made a development plan, they shall, from time to time as occasion may require and at least once in every five years after the date of making of the plan, review the plan and make in it any variations (whether by way of alteration, addition or deletion) which they consider proper.

(2) Where a planning authority have completed the discharge of their obligations under section 19 of this Act by making two or more plans as provided for by paragraph (b) of subsection (5) of that section, the periods of five years referred to in subsection (1) of this section shall run from the date of making the last of such plans.

Publication of notices with respect to plans, etc.

21.—(1) Where a planning authority have prepared a draft of a proposed development plan or of proposed variations of a development plan—

(a) they shall send copies of the prescribed documents to the prescribed authorities,

(b) they shall cause notice of the preparation of the draft to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area,

(c) where the draft includes any provision relating to any structure 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,

(d) where the draft includes any provision relating to the preservation of a public right of way, they shall serve notice (which shall incorporate particulars of the provision and a map indicating the right of way) of the preparation of the draft on the owner and on the occupier of the land.

(2) A notice under the foregoing subsection shall state—

(a) that a copy of the draft may be inspected at a stated place and at stated times during a stated period of not less than three months (and the copy shall be kept available for inspection accordingly), and

(b) that objections or representations with respect to the draft made to the planning authority within the said period will be taken into consideration before the making of the plan or variations (and any such objections or representations shall be taken into consideration accordingly), and

(c) that any ratepayer making objection with respect to the draft may include in his objection a request to be afforded an opportunity to state his case before a person or persons appointed by the planning authority (and such opportunity shall be afforded to such objector and his statement shall be considered together with his objection),

and, in the case of a notice served pursuant to paragraph (d) of subsection (1) of this section, the notice shall also state that the draft includes provision relating to the preservation of the public right of way and that there is a right of appeal to the Circuit Court in relation to such provision.

(3) Any person may, before the expiration of the twenty-one days next following the period stated pursuant to paragraph (a) of subsection (2) of this section, appeal to the Circuit Court against the inclusion in the proposed plan or variations of any such provision as is referred to in paragraph (d) of subsection (1) of this section, and the Court, if satisfied that no public right of way subsists, shall so declare and the provision shall accordingly not be included.

(4) Where a planning authority make a development plan or variations of any such plan, they shall cause a notice of the making to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area.

(5) A notice under the foregoing subsection shall state that a copy of the plan or variations is available for inspection at a stated place and at stated times (and the copy shall be kept available for inspection accordingly).

(6) (a) A document purporting to be a copy of the development plan or of a part thereof and to be certified by an officer of a planning authority as a correct copy shall be prima facie evidence of the plan or part, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.

(b) Evidence of a development plan or any part thereof may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.

(c) Where application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him to the planning authority of such fee as they may fix not exceeding the reasonable cost of making the copy.

General duty of planning authority.

22.—(1) It shall be the duty of a planning authority to take such steps as may be necessary for securing the objectives which are contained in the provisions of the development plan.

(2) The Minister may require the development plans of two or more planning authorities to be co-ordinated in respect of matters and in a manner specified by him and thereupon—

(a) the authorities shall comply with the requisition, and

(b) any dispute between them arising out of any matters inserted or to be inserted in a development plan shall be determined by the Minister.

(3) The Minister may require a planning authority to vary the development plan in respect of matters and in a manner specified by him and thereupon it shall be the duty of the authority to comply with the requisition.

(4) Subsection (3) of this section shall have effect subject to the proviso that where the planning authority, as a result of considering pursuant to paragraph (b) of subsection (2) of section 21 of this Act any objection or representation, decide, with the consent of the Minister, that the proposed variations should be altered in any respect, they may make the variations subject to that alteration.

Preparation and publication of model forms of development plans.

23.—The Minister may, as and when he thinks fit, prepare and publish, for the use and guidance of planning authorities and other persons interested, general instructions in relation to the preparation of development plans, together with model forms of development plans and of provisions and clauses usually inserted in such plans.

PART IV.

Control of Development and of Retention of Certain Structures, etc.

General obligation to obtain permissions.

24.—(1) Subject to the provisions of this Act, permission shall be required under this Part of this Act—

(a) in respect of any development of land, being neither exempted development nor development commenced before the appointed day, and

(b) in the case of a structure which existed immediately before the appointed day and is on the commencement of that day an unauthorised structure, for the retention of the structure.

(2) A person shall not carry out any development in respect of which permission is required by subsection (1) of this section save under and in accordance with a permission granted under this Part of this Act.

(3) Any person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the contravention is so continued.

(4) In a prosecution for an offence under this section—

(a) it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the development in question was neither exempted development nor development commenced before the appointed day,

(b) it shall be a good defence if the defendant produces a permission which, by virtue of subsection (1) of section 28 of this Act, was granted in respect of the development complained of.

Permission regulations.

25.—(1) The Minister shall by regulations (in this Act referred to as permission regulations) provide for—

(a) the grant of permissions for the development of land, and

(b) the grant of permissions for the retention of structures which existed immediately before the appointed day and are on that day unauthorised structures,

and such permissions may be granted on an application in that behalf made to the planning authority in accordance with the provisions of the regulations and subject to any requirements of or made pursuant to the regulations being complied with by the applicant.

(2) Regulations under this section may, in particular and without prejudice to the generality of the foregoing subsection, make provision for—

(a) applications, expressed to be outline applications, for permissions for development subject to the subsequent approval of the planning authority,

(b) requiring any applicants to publish any specified notices with respect to their applications,

(c) requiring any applicants to furnish to the Minister and to any other specified persons any specified information with respect to their applications,

(d) requiring any applicants to submit any further information relative to their applications (including any information as to any estate or interest in or right over land),

(e) requiring the production of any evidence to verify any particulars of information given by any applicants,

(f) requiring planning authorities to furnish to the Minister and to any other specified persons any specified information with respect to any applications and the manner in which they have been dealt with,

(g) requiring planning authorities to publish any specified notices with respect to any applications or decisions on applications.

Permission for development.

26.—(1) Where—

(a) application is made to a planning authority in accordance with permission regulations for permission for the development of land or for an approval required by such regulations, and

(b) any requirements relating to the application of or made under such regulations are complied with,

the authority may decide to grant the permission or approval subject to or without conditions or to refuse it; and in dealing with any such application the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the matters referred to in subsection (2) of this section.

(2) Conditions under subsection (1) of this section may, without prejudice to the generality of that subsection, include all or any of the following conditions:

(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant, so far as appears to the planning authority to be expedient for the purposes of or in connection with the development authorised by the permission,

(b) conditions for requiring the carrying out of works (including the provision of car parks) which the planning authority consider are required for the purposes of the development authorised by the permission,

(c) conditions for requiring provision of open spaces,

(d) conditions for requiring the planting of trees, shrubs or other plants or the landscaping of structures or other land,

(e) conditions for requiring the giving of security for satisfactory completion of the proposed development (including maintenance until taken in charge by the local authority concerned of roads, open spaces, car parks, sewers, watermains or drains),

(f) conditions for requiring roads, open spaces, car parks, sewers, watermains or drains in excess of the immediate needs of the proposed development,

(g) conditions for requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land and expenditure consisting of a payment under subsection (7) of this section) that was incurred by any local authority in respect of works (including the provision of open spaces) which have facilitated the proposed development, being works commenced neither earlier than the 1st day of August, 1962, nor earlier than seven years before the grant of permission for the development,

(h) conditions for requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land) that is proposed to be incurred by any local authority in respect of works (including the provision of open spaces) facilitating the proposed development, subject to stipulations providing for—

(i) where the proposed works are, within a specified period, not commenced, the return of the contribution or the instalments thereof paid during that period (as may be appropriate),

(ii) where the proposed works are, within the said period, carried out in part only or in such manner as to facilitate the proposed development to a lesser extent, the return of a proportionate part of the contribution or the instalments thereof paid during that period (as may be appropriate), and

(iii) payment of interest on the contribution or any instalments thereof that have been paid (as may be appropriate) so long as and in so far as it is or they are retained unexpended by the local authority,

(i) conditions for requiring compliance in respect of the land with any rules made by the planning authority under subsection (6) of this section,

(j) conditions for requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land so authorised, at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period.

(3) (a) A planning authority shall not, in a case in which the development concerned would contravene materially the development plan or any special amenity area order relating to their area, decide to grant a permission under this section save with the consent of the Minister.

(b) Where an application is made to the Minister for a consent under this subsection, any person may furnish to the Minister in writing his objections to the grant of the consent, and the Minister shall, before granting the consent, consider any such objections which he receives within twenty-one days after the receipt of the application.

(4) (a) Where—

(i) an application is made to a planning authority in accordance with permission regulations for permission under this section or for an approval required by such regulations,

(ii) any requirements relating to the application of or made under such regulations are complied with, and

(iii) the planning authority do not give notice to the applicant of their decision within the appropriate period,

a decision by the planning authority to grant the permission or approval shall be regarded as having been given on the last day of that period.

(b) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case any notice or notices requiring the applicant to publish any notice, to give further information or to produce evidence in respect of the application has or have been served by the planning authority pursuant to permission regulations within the period of two months beginning on the day of receipt by the planning authority of the application—within the period of two months beginning on the day on which the notice or notices has or have been complied with,

(ii) in case an application is made to the Minister for consent under subsection (3) of this section—within the period of seven days beginning on the day of receipt by the planning authority of notification of the Minister's decision,

(iii) in any other case—within the period of two months beginning on the day of receipt by the planning authority of the application.

(5) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Minister against a decision of a planning authority under this section.

(b) Where an appeal is brought under this subsection from a decision of a planning authority and is not withdrawn, the Minister shall determine the application as if it had been made to him in the first instance and his decision shall operate to annul the decision of the planning authority as from the time when it was given; and the provisions of subsections (1) and (2) of this section shall apply, subject to any necessary modifications, in relation to the determination of an application by the Minister on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(c) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case the appellant is the applicant—the period of one month beginning on the day of receipt by him of the decision,

(ii) in any other case—the period of twenty-one days beginning on the day of the giving of the decision.

(6) A planning authority may make rules for regulating the manner in which advertisement structures are to be affixed to structures or other land.

(7) In a case in which a condition referred to in paragraph (f) of subsection (2) of this section is attached to any permission or approval granted under this section, a contribution towards such of the relevant roads, open spaces, car parks, sewers, watermains or drains as are constructed shall be made by the local authority who will be responsible for their maintenance, and the contribution shall be such as may be agreed upon between that local authority and the person carrying out the works or, in default of agreement, as may be determined by the Minister.

(8) A decision given under this section (whether on the original application or on appeal) by which any permission or approval is refused or is granted subject to conditions, and the notification of such decision, shall comprise a statement specifying the reasons for the refusal or the imposition of the conditions.

(9) (a) Where the planning authority decide under this section to grant a permission or approval—

(i) in case no appeal is taken against the decision, they shall make the grant as soon as may be after the expiration of the period for the taking by the applicant of an appeal or, in a case to which subsection (4) of this section applies, of the period for the taking of an appeal otherwise than by the applicant,

(ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless the appeal or appeals is or are withdrawn and, in that case, they shall make the grant as soon as may be after the withdrawal.

(b) Where the Minister decides on appeal under this section to grant a permission or approval, he shall make the grant as soon as may be after the decision.

(10) (a) Where a permission or approval is granted under this section subject to any one or more of the conditions referred to in paragraphs (e), (g) and (h) of subsection (2) of this section, the permission or approval shall be of no effect and shall be disregarded until the condition or conditions has or have been complied with.

(b) Paragraph (a) of this subsection shall not apply where a condition referred to in paragraph (g) or (h) of subsection (2) of this section requires a contribution by instalments except in respect of development which is the subject of the permission or approval and is carried out after default in paying an instalment of the contribution.

(11) A person shall not be entitled solely by reason of a permission or approval under this section to carry out any development.

Permission for retention of structures.

27.—(1) Where, with respect to a structure which existed immediately before the appointed day and which is on the commencement of that day an unauthorised structure,—

(a) application is made to the planning authority in accordance with permission regulations for permission for the retention of the structure, and

(b) any requirements relating to the application of or made under such regulations are complied with,

the authority may decide to grant the permission subject to or without conditions or to refuse it; and in dealing with any such application the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(2) Conditions under subsection (1) of this section may, without prejudice to the generality of that subsection, include all or any of the following conditions:

(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the structure and which is under the control of the applicant, so far as appears to the planning authority to be expedient for the purposes of or in connection with the retention of the structure,

(b) conditions for requiring the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(c) conditions for requiring provision of space around the structure,

(d) conditions for requiring the planting of trees, shrubs or other plants or the landscaping of the structure or other land,

(e) conditions for requiring compliance in respect of the structure with any rules made by the planning authority under subsection (6) of section 26 of this Act,

(f) conditions for requiring the removal of the structure at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period.

(3) (a) Where—

(i) an application is made to a planning authority in accordance with permission regulations for permission under this section,

(ii) any requirements relating to the application of or made under such regulations are complied with, and

(iii) the planning authority do not give notice to the applicant of their decision within the appropriate period,

a decision by the planning authority to grant the permission shall be regarded as having been given on the last day of that period.

(b) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case any notice or notices requiring the applicant to publish any notice, to give further information or to produce evidence in respect of the application has or have been served by the planning authority pursuant to permission regulations within the period of two months beginning on the day of receipt by the planning authority of the application—within the period of two months beginning on the day on which the notice or notices has or have been complied with,

(ii) in any other case, within the period of two months beginning on the day of receipt by the planning authority of the application.

(4) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Minister against a decision of a planning authority under this section.

(b) Where an appeal is brought under this subsection from a decision of a planning authority and is not withdrawn, the Minister shall determine the application as if it had been made to him in the first instance and his decision shall operate to annul the decision of the planning authority as from the time when it was given; and the provisions of subsections (1) and (2) of this section shall apply, subject to any necessary modifications, in relation to the determination of an application by the Minister on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(c) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case the appellant is the applicant—the period of one month beginning on the day of receipt by him of the decision,

(ii) in any other case—the period of twenty-one days beginning on the day of the giving of the decision.

(5) A decision given under this section (whether on the original application or on appeal) by which permission is refused or is granted subject to conditions, and the notification of such decision, shall comprise a statement of the reasons for the refusal or the imposition of conditions.

(6) (a) Where the planning authority decide under this section to grant a permission—

(i) in case no appeal is taken against the decision, they shall make the grant as soon as may be after the expiration of the period for the taking by the applicant of an appeal or, in a case to which subsection (3) of this section applies, of the period for the taking of an appeal otherwise than by the applicant,

(ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless the appeal or appeals is or are withdrawn and, in that case, they shall make the grant as soon as may be after the withdrawal.

(b) Where the Minister decides on appeal under this section to grant a permission, he shall make the grant as soon as may be after the decision.

(7) A person shall not be entitled solely by reason of a permission under this section to retain any structure.

Supplemental provisions as to grant of permission.

28.—(1) The power to grant permission to develop land under this Part of this Act shall include power to grant permission for the retention on land of any structures constructed, erected or made on, in, or under the land on or after the appointed day and before the date of the application, or for the continuance of any use of land instituted on or after the appointed day and before the date of the application (whether without permission granted under this Part of this Act or in accordance with permission so granted for a limited period only); and references in this Part of this Act to permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly.

(2) Any such permission as is mentioned in subsection (1) of this section may be granted so as to take effect from the date on which the structures were constructed, erected or made, or the use was instituted, or from the expiration of the said period, as the case may be.

(3) Where permission has been granted by virtue of subsection (1) of this section for the retention on land of any structures, or for the continuance of the use of land, subject to any condition, the references in subsections (1) and (3) of section 31 of this Act to any conditions subject to which permission was granted in respect of any development include references to any such condition.

(4) The power conferred by subsection (1) of this section is exercisable not only where development has been carried out without permission or where previous permission has been granted for a limited period only, but also so as to permit the retention of structures or the continuance of any use of land without complying with some condition subject to which a previous permission under this Part of this Act was granted.

(5) Where permission to develop land or for the retention of a structure is granted under this Part of this Act, then, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land or structure and of all persons for the time being interested therein, but without prejudice to the provisions of this Part of this Act with respect to the revocation and modification of permissions granted thereunder.

(6) Where permission is granted under this Part of this Act for the construction, erection or making of a structure, the grant of permission may specify the purposes for which the structure may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the structure for the purpose for which it is designed.

(7) (a) Where permission to develop land is granted under this Part of this Act for a limited period only, nothing in this Part of this Act shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

(b) In determining for the purposes of this subsection the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land begun in contravention of the provisions of this Part of this Act.

Obligation to purchase land on refusal of permission in certain cases.

29.—(1) Where, in a case determined on an appeal under this Part of this Act, permission to develop any land has been refused or has been granted subject to conditions, then, if the owner of the land claims—

(a) that the land has become incapable of reasonably beneficial use in its existing state, and

(b) that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which permission has been granted under this Part of this Act, or for which the planning authority have undertaken to grant such permission, and

(c) in a case where permission to develop the land was granted as aforesaid subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions,

he may, at any time within the period of six months after the decision (or such longer period as the Minister may allow), serve on the planning authority a notice (hereafter in this section referred to as a purchase notice) requiring the planning authority to purchase his interest in the land in accordance with the provisions of this section.

(2) The planning authority on whom a purchase notice is served under this section shall, before the end of the period of three months beginning with the date of the service of that notice, serve on the owner by whom the purchase notice was served a notice stating either—

(a) that the authority are willing to comply with the purchase notice, or

(b) that, for reasons specified in the notice under this subsection, the authority are not willing to comply with the purchase notice and that they have transmitted a copy of the purchase notice and a copy of the notice under this subsection to the Minister.

(3) Where the planning authority upon whom a purchase notice is served under this section have served on the owner by whom the purchase notice was served a notice in accordance with paragraph (a) of subsection (2) of this section, it shall be the duty of the authority to acquire the interest of the owner and, for that purpose, the latter notice shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision made by the planning authority pursuant to subsection (1) of section 10 of the Local Government (No. 2) Act, 1960 , had been duly made and confirmed.

(4) Where a purchase notice is served on a planning authority under this section and the authority propose to serve on the owner a notice in accordance with paragraph (b) of subsection (2) of this section, they shall transmit a copy of that notice and copy of the purchase notice to the Minister, and subject to the following provisions of this section the Minister shall, if he is satisfied that the conditions specified in paragraphs (a) to (c) or paragraphs (a) and (b) (as may be appropriate) of subsection (1) of this section are fulfilled, confirm the purchase notice, and thereupon it shall be the duty of the planning authority to acquire the interest of the owner, and for that purpose,—

(a) the planning authority shall serve on the owner a notice stating that they propose to comply with the purchase notice,

(b) the notice so served shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision by the planning authority pursuant to subsection (1) of Section 10 of the Local Government (No. 2) Act, 1960 , had been duly made and confirmed:

Provided that—

(i) if it appears to the Minister to be expedient so to do, he may, in lieu of confirming the purchase notice, grant permission for the development in respect of which the application was made or, where permission for that development was granted subject to conditions, revoke or amend the conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development;

(ii) if it appears to the Minister, that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which permission ought to be granted, he may, in lieu of confirming the notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that such permission shall, subject to the provisions of this Act, be granted in the event of an application being made in that behalf.

(5) If within the period of six months from the end of the period specified in subsection (2) of this section, or the date on which a copy of the purchase notice is transmitted to the Minister, whichever is the earlier, the Minister has neither confirmed the notice nor taken any such other action as is mentioned in paragraph (i) or paragraph (ii) of the proviso to subsection (4) of this section, nor notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the expiration of that period, and it shall be the duty of the planning authority on whom the notice was served to acquire the interest of the owner and, for that purpose,—

(a) the planning authority shall serve on the owner a notice stating that they propose to comply with the purchase notice,

(b) the notice so served shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision made by the planning authority pursuant to subsection (1) of section 10 of the Local Government (No. 2) Act, 1960 , had been duly made and confirmed.

(6) Where, for the purpose of determining whether the conditions specified in paragraphs (a) to (c) or paragraphs (a) and (b) (as may be appropriate) of subsection (1) of this section are fulfilled in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of development of any class which is not exempted development.

Revocation and modification of permission.

30.—(1) Subject to the provisions of this section, if the planning authority decide that it is expedient that any permission to develop land granted under this Part of this Act should be revoked or modified, they may, by notice served on the owner and on the occupier of the land affected and on any other person who in their opinion will be affected by the revocation or modification, revoke or modify the permission.

(2) In deciding, pursuant to this section, whether it is expedient to serve a notice under this section, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(3) Any person on whom a notice under this section is served may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(4) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (2) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by a planning authority.

(5) The power conferred by this section to revoke or modify permission to develop land may be exercised—

(a) where the permission relates to the carrying out of works, at any time before those works have been commenced or, in the case of works which have been commenced and which, consequent on the making of a variation in the development plan, will contravene such plan, at any time before those works have been completed,

(b) where the permission relates to a change of the use of any land, at any time before the change has taken place,

but the revocation or modification of permission for the carrying out of works shall not affect so much of the works as has been previously carried out.

(6) The provisions of section 29 of this Act shall apply in relation to a notice under this section revoking permission to develop land or modifying any such permission by the imposition of conditions and which is confirmed on appeal (whether with or without modification), as they apply in relation to the refusal of an application for such permission or the grant of such an application subject to conditions, and in any such case the said section 29 shall have effect subject to the following modifications:

(i) in paragraph (c) of subsection (1), for “in a case where permission to develop the land was granted as aforesaid subject to conditions” there shall be substituted “in a case where the permission was modified by the imposition of conditions”;

(ii) for paragraph (i) of the proviso to subsection (4) there shall be substituted the following paragraph:

“(i) if it appears to the Minister to be expedient so to do he may, in lieu of confirming the purchase notice, cancel the notice revoking the permission or, where the notice modified the permission by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the development in respect of which the permission was granted.”

(7) A notice under this section shall state the reasons for which it is given and particulars of it shall be entered in the register.

(8) The revocation or modification under this section of a permission shall be a reserved function.

Enforcement of planning control (development).

31.—(1) (a) Where any development of land, being neither exempted development nor development commenced before the appointed day, has been carried out after the appointed day without the grant of permission required in that behalf under this Part of this Act, or any condition subject to which such permission was granted in respect of any development has not been complied with, the planning authority within five years of such development being carried out, or, in case of non-compliance with a condition, within five years after the appropriate date, may, if they decide that it is expedient so to do, and shall, if they are directed by the Minister so to do serve on the owner and on the occupier of the land a notice under this section.

(b) In the foregoing paragraph “the appropriate date” means, in relation to a condition, the date specified in the condition (or in default of being specified in the condition, specified by notice served by the planning authority on the owner and on the occupier of the land) as the latest date for compliance with the condition.

(2) The planning authority, in deciding whether it is expedient to serve a notice under paragraph (a) of subsection (1) of this section, and the Minister, in deciding whether he will direct the planning authority to serve such a notice, shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and, in a case of non-compliance with a condition, the terms of the permission.

(3) Any notice served under paragraph (a) of subsection (1) of this section (hereafter in this section referred to as an enforcement notice) shall specify the development which is alleged to have been carried out without the grant of such permission as aforesaid or, as the case may be, the matters in respect of which it is alleged that any such condition as aforesaid has not been complied with, and may require such steps as may be specified in the notice to be taken within such period as may be so specified for restoring the land to its condition before the development took place, or for securing compliance with the condition, as the case may be; and, in particular, any such notice may, for the purpose aforesaid, require the removal or alteration of any structures, the discontinuance of any use of land or the carrying out on land of any works.

(4) An enforcement notice shall take effect at the expiration of such period (not being less than one month after the service thereof) as may be specified therein.

(5) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken (other than the discontinuance of any use of land) have not been taken, the planning authority may enter on the land and take such steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the land any expenses reasonably incurred by them in that behalf.

(6) Any expenses incurred by the owner or occupier of any land for the purpose of complying with an enforcement notice in respect of any development, and any sums paid by the owner of any land under the foregoing subsection in respect of the expenses of the planning authority in taking steps required to be taken by such a notice, shall be deemed to be incurred or paid for the use and at the request of the person by whom the development was carried out.

(7) An enforcement notice may be served whether or not there has been a prosecution under section 24 of this Act in relation to the relevant development.

(8) Where, by virtue of an enforcement notice, any use of land is required to be discontinued, or any condition is required to be complied with in respect of any use of land or in respect of the carrying out of any works thereon, then, if any person, without the grant of permission in that behalf under this Part of this Act, uses the land or causes or permits the land to be used, or carries out or causes or permits to be carried out those works, in contravention of the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds, and if the use or carrying out of works in contravention of the notice is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which such use or carrying out of works is so continued.

(9) Nothing in this Part of this Act shall be construed as requiring permission to be obtained thereunder for the use of any land for the purpose for which it could lawfully have been used under this Part of this Act if the development in respect of which an enforcement notice is served had not been carried out.

(10) Particulars of an enforcement notice shall be entered in the register.

Enforcement of planning control (retention of structure).

32.—(1) (a) Where any condition subject to which a permission for the retention of a structure was granted under this Part of this Act has not been complied with, the planning authority may within five years after the appropriate date, if they decide that it is expedient so to do, serve on the owner and on the occupier of the structure a notice under this section.

(b) In the foregoing paragraph “the appropriate date” means, in relation to a condition, the date specified in the condition (or, in default of being specified in the condition, specified by notice served by the planning authority on the owner and on the occupier of the structure) as the latest date for compliance with the condition.

(2) In deciding, pursuant to this section, whether it is expedient to serve a notice under paragraph (a) of subsection (1) of this section, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the terms of any permission granted.

(3) Any notice served under paragraph (a) of subsection (1) of this section (hereafter in this section referred to as an enforcement notice) shall specify the matters in respect of which it is alleged that any such condition as aforesaid had not been complied with, and may require such steps as may be specified in the notice to be taken within such period as may be so specified for compliance with the condition; and, in particular, any such notice may, for the purpose aforesaid, require the removal of the structure or require all or any of the following:

(a) the alteration of the structure,

(b) the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(c) the provision of space around the structure,

(d) the planting of trees, shrubs or other plants or the landscaping of the structure or other land.

(4) An enforcement notice shall take effect at the expiration of such period (not being less than one month after the service thereof) as may be specified therein.

(5) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, the planning authority may enter on the structure and take those steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the structure any expenses reasonably incurred by them in that behalf.

(6) Particulars of an enforcement notice shall be entered in the register.

Enforcement of planning control (structure which is unauthorised structure on commencement of appointed day).

33.—(1) Where a structure which existed immediately before the appointed day is on the commencement of that day an unauthorised structure, the planning authority at any time within five years after the appointed day (subject to the structure's remaining at that time an unauthorised structure) may, if they decide that it is expedient so to do, and, subject to subsection (9) of this section, shall, if they are directed by the Minister so to do, serve a notice under this section on the owner and on the occupier of the structure.

(2) The planning authority, in deciding whether it is expedient to serve a notice under this section, and the Minister, in deciding whether he will direct the planning authority to serve such a notice, shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(3) Any notice served under this section (hereafter in this section referred to as an enforcement notice) may require the removal of the structure or require all or any of the following:

(a) the alteration of the structure,

(b) the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(c) the provision of space around the structure,

(d) the planting of trees, shrubs or other plants or the landscaping of the structure or other land.

(4) Where an enforcement notice is served, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(5) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (2) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by a planning authority.

(6) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(7) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, the planning authority may enter on any structure and take those steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the structure any expenses reasonably incurred by them in that behalf.

(8) Particulars of an enforcement notice shall be entered in the register.

(9) Where any such direction as is referred to in subsection (1) of this section is proposed to be given by the Minister, a draft thereof shall be laid before each House of the Oireachtas and the direction shall not be given until a resolution approving of the draft has been passed by each such House.

Liability of owner of land for failure to comply with requirements of enforcement notice other than discontinuance of use of land.

34.—(1) Subject to the provisions of this section, where an enforcement notice (other than a notice which has been annulled) has been served under any of the last three preceding sections on the person who was, when the notice was served on him, the owner of the land to which the enforcement notice relates and within the period specified in the enforcement notice, or within such extended period as the planning authority may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(2) If a person against whom proceedings are brought under this section has at some time before the end of the said period specified in the enforcement notice for compliance with the notice (or of such extended period as the planning authority may allow for compliance with the notice) ceased to be the owner of the land, he shall, upon complaint duly made by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the land brought before the court in the proceedings.

(3) If, after it has been proved that any steps required by the enforcement notice have not been taken as aforesaid, the original defendant proves that the failure to take the steps was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he took all reasonable steps to secure compliance with the enforcement notice, he shall be acquitted of the offence.

(4) For the purposes of subsections (1) and (2) of this section, a person who, apart from this subsection, would be the owner of land by reason of receiving rent shall, if he receives the rent as agent for another person, be regarded as not being such owner.

(5) If after a person is convicted under the foregoing provisions of this section he does not as soon as practicable do everything in his power to secure compliance with the enforcement notice, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding twenty pounds for each day following his first conviction on which any of the requirements of the enforcement notice (other than the discontinuance of any use of land) remain unfulfilled.

(6) If the owner of any land is obstructed or interfered with in taking steps required to be taken by an enforcement notice under any of the last three preceding sections, the person obstructing or interfering shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds; and if in the case of a continuing offence the obstruction or interference is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which the obstruction or interference is so continued.

(7) Subsection (6) of this section shall not apply where the person obstructing or interfering is the occupier of the land unless the owner has given to him not less than fourteen days' notice in writing of the intention to take the steps.

Enforcement of planning control (development commenced and not carried out in conformity with permission).

35.—(1) Where any development authorised by a permission granted under this Part of this Act has been commenced but has not been or is not being carried out in conformity with such permission, the planning authority may, if they consider it expedient so to do, and shall, if they are directed so to do by the Minister, serve a notice under this section.

(2) The planning authority, in deciding whether it is expedient to serve a notice under this section, and the Minister, in deciding whether he will direct the planning authority to serve such a notice, shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the terms of any permission granted.

(3) A notice under this section may be served on—

(a) the person who commenced the development, or

(b) any other person who has carried out or is carrying out development authorised by the permission,

as the planning authority may decide.

(4) Any notice served under this section (hereafter in this section referred to as an enforcement notice) may require such steps as may be specified in the notice to be taken within such period as may be so specified for securing the carrying out of the development in conformity with the permission and, in particular, any such notice may, for the purpose aforesaid, require the removal or alteration of any structures, the discontinuance of any use of land or the carrying out on land of any works.

(5) An enforcement notice shall take effect at the expiration of such period (not being less than one month after the service thereof) as may be specified therein.

(6) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, the planning authority may enter on the land and take such steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person on whom the notice was served any expenses reasonably incurred by them in that behalf.

(7) Where an enforcement notice has been served on a person and within the period specified therein, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(8) If after a person is convicted under this section he does not as soon as practicable do everything in his power to secure compliance with the enforcement notice, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding twenty pounds for each day following his first conviction on which any of the requirements of the enforcement notice remain unfulfilled.

(9) Particulars of an enforcement notice shall be entered in the register.

Requiring removal or alteration of structure.

36.—(1) If the planning authority decide that any structure should be removed or altered, the planning authority may serve a notice, requiring the carrying out of such removal or alteration and, in the case of a removal, any replacement appearing to the planning authority to be suitable, on the owner and on the occupier of the structure and on any other person who in their opinion will be affected by the notice.

(2) Subsection (1) of this section shall not apply in relation to an unauthorised structure unless—

(a) it is a structure which existed immediately before the appointed day and was on the commencement of that day an unauthorised structure and the notice under this section is served after the expiration of five years from the appointed day, or

(b) it is a structure constructed, erected or made on or after the appointed day and the notice under this section is served after the expiration of five years from its having been constructed, erected or made.

(3) In deciding pursuant to this section that a structure should be removed or altered, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(4) Where a notice is served under this section, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(5) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (3) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by the planning authority.

(6) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(7) If within the period specified in a notice under this section, or within such extended period as the planning authority may allow, the removal or alteration required by the notice has not been effected, the planning authority may enter on the structure and may effect such removal or alteration and any replacement specified in the notice.

(8) Where a notice under this section is complied with, the planning authority shall pay to the person complying with the notice the expenses reasonably incurred by him in carrying out the removal or alteration and any replacement specified in the notice, less the value of any salvageable materials.

(9) The provisions of section 29 of this Act shall apply in relation to a notice which is served under this section and which is confirmed on appeal (whether with or without modification) as they apply in relation to the refusal of an application for permission to develop land, and in any such case the said section 29 shall have effect subject to the following modifications:

(i) paragraph (c) of subsection (1) shall be disregarded;

(ii) for paragraph (i) of the proviso to subsection (4) there shall be substituted the following paragraph:

“(i) if it appears to the Minister to be expedient so to do he may, in lieu of confirming the purchase notice, cancel the notice requiring removal or alteration.”

(10) Particulars of a notice served under this section shall be entered in the register.

Requiring discontinuance of use.

37.—(1) If the planning authority decide, as respects any use of land, that—

(a) the use should be discontinued, or

(b) any conditions should be imposed on the continuance thereof,

the planning authority may serve a notice, requiring discontinuance of that use or imposing those conditions, on the owner and on the occupier of the land and on any other person who in their opinion will be affected by the notice.

(2) Subsection (1) of this section shall not apply in relation to an unauthorised use unless it is a use commenced on or after the appointed day and the notice under this section is served after the expiration of five years from its having been commenced.

(3) In deciding, pursuant to this section, that any use should be discontinued or any conditions should be imposed, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(4) Where a notice is served under this section, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(5) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (3) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by the planning authority.

(6) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(7) Where, by virtue of a notice under this section, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, then, if any person uses the land for that purpose or, as the case may be, uses the land for that purpose in contravention of those conditions, or causes or permits the land to be so used, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds, and if such use is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which such use is so continued.

(8) The provisions of section 29 of this Act shall apply in relation to a notice which is served under this section requiring discontinuance of use of land, or imposing conditions on such use, which is confirmed on appeal (whether with or without modifications), as they apply in relation to the refusal of an application for permission to use land or the grant of such an application subject to conditions, and in any such case the said section 29 shall have effect subject to the following modifications:

(i) for paragraph (a) of subsection (1) there shall be substituted the following paragraph:

“(a) that the land has become incapable of reasonably beneficial use on account of the required discontinuance or the imposed conditions (as the case may be)”;

(ii) paragraph (c) of subsection (1) shall be disregarded;

(iii) for paragraph (i) of the proviso to subsection (4) there shall be substituted the following paragraph:

“(i) if it appears to the Minister to be expedient so to do he may, in lieu of confirming the purchase notice, cancel the notice requiring discontinuance or imposing conditions.”

(9) Particulars of a notice served under this section shall be entered in the register.

Agreements regulating development or use of land.

38.—(1) A planning authority may enter into an agreement with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be specified by the agreement, and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the planning authority to be necessary or expedient for the purposes of the agreement.

(2) An agreement made under this section with any person interested in land may be enforced by the planning authority against persons deriving title under that person in respect of that land as if the planning authority were possessed of adjacent land and as if the agreement had been expressed to be made for the benefit of that land.

(3) Nothing in this section or in any agreement made thereunder shall be construed as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by the Minister or the planning authority under this Act so long as those powers are not exercised so as to contravene materially the provisions of the development plan, or as requiring the exercise of any such powers so as to contravene materially those provisions.

(4) Particulars of an agreement made under this section shall be entered in the register.

Restrictions on certain local authorities.

39.—(1) The council of a county shall not effect any development in their county health district which contravenes materially the development plan.

(2) The corporation of a county or other borough shall not effect any development in such borough which contravenes materially the development plan.

(3) The council of an urban district shall not effect any development in such district which contravenes materially the development plan.

Permission not required in certain cases.

40.—Notwithstanding anything in this Part of this Act, permission shall not be required under this Part of this Act—

(a) in the case of land which, on the appointed day, is being used temporarily for a purpose other than the purpose for which it is normally used, in respect of the resumption of the use of the land for the last-mentioned purpose;

(b) in the case of land which, on the appointed day, is normally used for one purpose and is also used on occasions, whether at regular intervals or not, for any other purpose, in respect of the use of the land for that other purpose on similar occasions after the appointed day;

(c) in respect of development required by a notice under section 31 , 32 , 33 , 35 or 36 of this Act (disregarding development for which there is in fact permission under this Part of this Act).

Registering of applications.

41.—(1) A planning authority shall enter in the register:

(a) particulars of any application made to them under this Part of this Act for permission for development or for retention of structures, including the name and address of the applicant, the date of receipt of the application and brief particulars of the development or retention forming the subject of the application,

(b) particulars of any application made to them under this Part of this Act for approval required by permission regulations, including the name and address of the applicant, the date of receipt of the application and brief particulars of the matters forming the subject of the application,

(c) the decision of the planning authority in respect of any such application and the date of the decision,

(d) the date and effect of any decision on appeal of the Minister in respect of any such application,

(e) particulars of any application made by them under subsection (3) of section 26 of this Act, including the date of the sending of the application and brief particulars of the development concerned.

(2) Every such entry consisting of particulars of an application shall be made within the period of seven days beginning on the day of receipt of the application.

(3) Every such entry consisting of a decision on an application shall be made within the period of seven days beginning on the day of the decision.

PART V.

Amenities.

Area of special amenity.

42.—(1) Where it appears to the planning authority that an area is an area of special amenity by reason of—

(a) its natural beauty, or

(b) its scenic or other amenities (including recreational utility, having regard to the open character of the area and its position in relation to centres of population or industrial or commercial development),

they may by order provide in relation to development other than exempted development—

(i) for no such development or for specified such development only being permitted under this Act in the area or any specified part of the area,

(ii) in the case of such development consisting of structures permitted under this Act, for the maximum number of structures of any specified class which may be erected, constructed or made in any specified part of the area.

(2) An order under this section shall come into operation on being confirmed, whether with or without modification, under the next section.

(3) Where the functional areas of two planning authorities are contiguous, either authority may, with the consent of the other, make an order under this section in respect of an area in or partly in the functional area of the other.

(4) Any order under this section for the time being in force may be revoked or varied by a subsequent order under this section.

(5) A planning authority shall, from time to time and at least once in every period of five years, review any order made by them under this section and for the time being in force (excepting any order merely revoking a previous order) for the purpose of deciding whether it is desirable to revoke or amend the order.

(6) The making of an order under this section shall be a reserved function.

Confirmation of order under section 42 of this Act.

43.—(1) As soon as may be after they have made an order under section 42 of this Act, a planning authority shall publish in one or more newspapers circulating in the area to which the order relates a notice—

(a) stating the fact of the order having been made and describing the area to which it relates,

(b) naming a place where a copy of the order and of any map referred to therein may be seen during office hours,

(c) specifying the period (not being less than one month) within and the manner in which objections to the order may be made to the planning authority,

(d) specifying that the order requires confirmation by the Minister and that, where any objections are duly made to the order and are not withdrawn, a public local inquiry will be held and the objections will be considered before the order is confirmed.

(2) As soon as may be after the said period for making objections has expired, the planning authority may submit the order made under section 42 of this Act to the Minister for confirmation, and, when making any such submission, they shall also submit to the Minister any objections to the order which have been duly made and have not been withdrawn.

(3) If no such objection as aforesaid is duly made, or if all such objections so made are withdrawn, the Minister may by order confirm the order made under section 42 of this Act with or without modifications or refuse to confirm it; but in any other case he shall, before confirming, cause a public local inquiry to be held and shall consider any objections not withdrawn and the report of the person who held the inquiry, and may then by order confirm the order with or without modifications or refuse to confirm it.

(4) Every order made under this section by the Minister shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) Any reference in this Act to a special amenity area order shall be construed as a reference to an order confirmed under this section.

Requiring removal or alteration of hedge.

44.—(1) If it appears to the planning authority that it is expedient in the interests of amenity that any hedge should be removed or altered, the planning authority may serve on the owner and on the occupier of the land on which the hedge is situate a notice requiring the carrying out of such removal or alteration and, in the case of a removal, any replacement appearing to the planning authority to be suitable.

(2) Where a notice is served under this section, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(3) Where an appeal is brought under this section from a notice, the Minister may confirm the notice with or without modifications or annul the notice.

(4) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(5) If within the period specified in a notice under this section, or within such extended period as the planning authority may allow, the removal or alteration required by the notice has not been effected, the planning authority may enter on the land on which the hedge is situate and may effect such removal or alteration and any replacement specified in the notice.

(6) Where a notice under this section is complied with, the planning authority shall pay to the person complying with the notice the expenses reasonably incurred by him in carrying out the removal or alteration and any replacement specified in the notice.

(7) Particulars of a notice served under this section shall be entered in the register.

Tree preservation orders.

45.—(1) If it appears to the planning authority that it is expedient in the interests of amenity to make provision for the preservation of any tree, trees, group of trees or woodlands, they may for that purpose make an order with respect to any such tree, trees, group of trees or woodlands as may be specified in the order; and, in particular, provision may be made by any such order—

(a) for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of trees except with the consent of the planning authority, and for enabling that authority to give their consent subject to conditions;

(b) for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of Part IV of this Act relating to permission to develop land, and to applications for such permission, subject to such adaptations and modifications as may be specified in the order.

(2) Any person who has suffered damage in consequence of any refusal of consent required under an order under this section, or of any grant of any such consent subject to conditions, shall, if he makes a claim on the planning authority within the time and in the manner specified by the order, be entitled to recover from such authority compensation in respect of the damage, but—

(a) where the order declares that, as respects any tree, trees or group of trees not comprised in woodlands, the tree, trees or group is or are of special amenity value or special interest no compensation shall be payable in relation to the tree, trees or group,

(b) where the order declares that, as respects any trees comprised in woodlands, a condition comprising a requirement to replant is an essential condition for attachment in the interests of amenity to any consent given under the order no compensation shall be payable in relation to such a condition attached to any such consent.

(3) Any order under this section may be revoked or varied by a subsequent order under this section.

(4) Where a planning authority make an order under this section, they shall serve a notice of the making of the order and a copy of the order on every person who is the owner or occupier of any land affected by the order, and on any other person then known to them to be entitled to fell any tree, trees, group of trees or woodlands to which the order relates.

(5) Any person on whom a notice and a copy of an order is served under this section may, at any time before the day specified in that behalf in the notice (not being earlier than one month after such service), appeal to the Minister against the order.

(6) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.

(7) Without prejudice to any other exemption for which provision may be made by an order under this section, no such order shall apply to the cutting down, topping or lopping of trees which are dying or dead or have become dangerous or the cutting down, topping or lopping of any trees in compliance with any obligation imposed by or under any statute or so far as may be necessary for the prevention or abatement of a nuisance.

(8) If any person contravenes the provisions of an order under this section (other than an order which has been annulled), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds.

(9) Particulars of an order under this section shall be entered in the register.

(10) Any reference in this Act to a tree preservation order shall be construed as a reference to an order under this section (other than an order which has been annulled).

Conservation orders.

46.—(1) If it appears to the planning authority, after consultation with the prescribed authorities, that it is expedient in the interests of amenity to make provision for the protection of any rare species of flora or fauna of any area or to preserve from extinction any species of flora or fauna of any area, they may for that purpose make an order with respect to such flora or fauna; and, in particular, provision may be made by any such order—

(a) for prohibiting (subject to any exemptions for which provision may be made by the order) the taking, killing, or destroying of flora or fauna except with the consent of the planning authority, and for enabling that authority to give their consent subject to conditions;

(b) for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of Part IV of this Act relating to permission to develop land, and to applications for such permission, subject to such adaptations and modifications as may be specified in the order.

(2) Any person who has suffered damage in consequence of any refusal of consent required under an order under this section or of any grant of any such consent subject to conditions, shall, if he makes a claim on the planning authority within the time and in the manner specified by the order, be entitled to recover from such authority compensation in respect of the damage, but where the order declares that, as respects any flora or fauna, they are of special amenity value or special interest, no compensation shall be payable in relation to them.

(3) Any order under this section may be revoked or varied by a subsequent order under this section.

(4) Where a planning authority make an order under this section, they shall cause a notice stating the effect of the order and stating the right of appeal under the next subsection to be published in at least one newspaper circulating in the area to which the order relates.

(5) Any person may, at any time before the expiration of one month after the publication of a notice under the foregoing subsection, appeal to the Minister against the order to which the notice relates.

(6) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.

(7) A decision to grant a consent under an order under this section shall not be taken save after consultation with the prescribed authorities.

(8) If any person contravenes the provisions of an order under this section (other than an order which has been annulled), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds.

(9) Particulars of an order under this section shall be entered in the register.

(10) The making of an order under this section and the revocation or variation of any such order shall be a reserved function.

(11) Any reference in this Act to a conservation order shall be construed as a reference to an order under this section (other than an order which has been annulled).

Creation of public rights of way pursuant to agreement.

47.—(1) A planning authority may enter into an agreement with any person having the necessary power in that behalf for the creation, by dedication by that person, of a public right of way over land.

(2) An agreement made under this section shall be on such terms as to payment or otherwise as may be specified in the agreement, and may, if it is so agreed, provide for limitations or conditions affecting the public right of way.

(3) Where an agreement has been made under this section, it shall be the duty of the planning authority to take all necessary steps for securing that the creation of the public right of way is effected in accordance with the agreement.

(4) Particulars of an agreement made under this section shall be entered in the register.

Compulsory powers for creation of public rights of way.

48.—(1) Where it appears to the planning authority that there is need for a public right of way over any land, the planning authority may by order create a public right of way over the land.

(2) Where a planning authority make an order under this section, they shall serve a notice of the making of the order and a copy of the order on every person who is the owner or occupier of any land over which the order creates a public right of way and on any other person who in their opinion will be affected by the creation of the public right of way.

(3) Any person on whom a notice and a copy of an order is served under this section may, at any time before the day specified in that behalf in the notice (not being earlier than one month after such service), appeal to the Minister against the order.

(4) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.

(5) An order under this section (other than an order which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(6) Particulars of a right of way created under this section shall be entered in the register.

Supplemental provisions with respect to public rights of way.

49.—(1) Where a public right of way is created pursuant to this Act or a provision relating to its preservation is included in the development plan, the way shall be maintained by the planning authority.

(2) (a) Where a right of way is required by this section to be maintained by the planning authority, a person shall not damage or obstruct the way, or hinder or interfere with the exercise of the right of way.

(b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which the contravention is so continued.

(c) In a prosecution for an offence under this subsection in relation to a right of way with respect to which a provision for its preservation is included in the development plan, it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the right of way subsists.

(3) Where, in the case of a right of way required by this section to be maintained by the planning authority, the way is damaged or obstructed by any person, the planning authority maintaining the right of way may repair the damage or remove the obstruction, and the expenses incurred by them in the repair or removal shall be paid to them by the said person and, in default of being so paid, shall be recoverable from him as a simple contract debt in any court of competent jurisdiction.

(4) A planning authority may, for the purpose of carrying out their duties under subsections (1) and (3) of this section, enter on land at all reasonable times.

Planting of trees, shrubs and other plants.

50.—(1) For the purpose of preserving or enhancing the amenities or natural beauty of any land, the planning authority—

(a) may plant trees, shrubs or other plants on the land,

(b) assist any person or body proposing to plant trees, shrubs or other plants on the land by providing trees, shrubs or other plants or by a grant of money.

(2) The powers conferred by this section shall be exercised by an authority either on land belonging to them or, with the consent of all persons interested therein, on other land; and in relation to such other land the said powers shall include power to make arrangements whereby the planting or work is carried out, on such terms as may be provided under the arrangements, by a person other than the authority.

(3) Where the planning authority exercise their powers under the foregoing provisions of this section on land not belonging to the authority, the management of the land, so far as relates to anything done by the authority, may be undertaken either by the authority or by a person interested in the land, as may be agreed upon between the authority and the persons so interested, and on such terms as may be so agreed.

(4) Assisting under this section by a grant of money shall be a reserved function.

(5) Particulars of an agreement made under subsection (3) of this section shall be entered in the register.

Noise and vibration.

51.—(1) A person shall not—

(a) in any public place or in connection with any premises which adjoins any public place and to which the public are admitted, or

(b) upon any other premises,

either—

(i) by operating, or causing or suffering to be operated any wireless, loudspeaker, television, gramophone, amplifier, or similar instrument, or any machine or other appliance, or

(ii) by any other means,

make or cause to be made, any noise or vibration which is so loud, so continuous or so repeated or of such duration or pitch or at such times as to give reasonable cause for annoyance to persons in any premises in the neighbourhood or to persons lawfully using any public place.

(2) Paragraph (a) of subsection (1) of this section shall not apply to any public meeting.

(3) Proceedings shall not be taken against any person for any offence under this section in respect of premises referred to in paragraph (b) of subsection (1) of this section unless the annoyance is continued after the expiration of seven days from the date of the service on such person of a notice alleging annoyance, signed by not less than three persons residing or carrying on a business within the area in which the noise is heard or the vibration is felt.

(4) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

(5) Nothing in this section shall apply to noise or vibration caused—

(a) by aircraft, or

(b) by any statutory undertakers in the exercise of powers conferred on them by any statute or order or other instrument made under statute.

(6) In proceedings brought by virtue of this section in respect of noise or vibration caused in the course of a trade or business or in performing any statutory functions, it shall be a good defence for the defendant to prove that the best practicable means have been used for preventing, and for counteracting the effect of, the noise or vibration.

Litter.

52.—(1) A person shall not throw down, place or leave in or on any public place—

(a) any food remnants, orange peel, banana skin or other organic matter (whether waste or dead animal), or

(b) any rubble, old metal, glass, china, earthenware, tin, carton, paper, rags or other rubbish,

so as to create or tend to create litter.

(2) Nothing in subsection (1) of this section shall be construed as prohibiting—

(a) the deposit by any person of any of the materials mentioned in that subsection in any receptacle for the deposit of litter,

(b) the deposit in any public place of any receptacle containing house or other refuse for collection by a local authority, or

(c) anything done under and in accordance with a permission to develop land granted under Part IV of this Act.

(3) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

Exhibition of advertisements on certain structures, etc.

53.—(1) Where any structure or other land, door, gate, window, tree or post is in or fronts any public place, a person who is not the owner, occupier or person in charge thereof shall not—

(a) exhibit or cause to be exhibited thereon any advertisement, or

(b) carry out or cause to be carried out any defacement thereof by writing or other marks,

unless he is authorised so to do by such owner, occupier or person in charge or by any enactment.

(2) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.

(3) In a prosecution for an offence under this section, it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the defendant was not the owner, occupier or person in charge of the structure or other land, door, gate, window, tree or post and was not authorised as referred to in subsection (1) of this section.

Repair and tidying of advertisement structures and advertisements.

54.—(1) If it appears to the planning authority that, having regard to the interests of public safety or amenity, an advertisement structure or advertisement in their area should be repaired or tidied, the planning authority may serve on the person having control of the advertisement structure or advertisement a notice requiring that person to repair or tidy the advertisement structure or advertisement within a specified period.

(2) If within the period specified in a notice under this section, the advertisement structure or advertisement is not repaired or tidied, the planning authority may enter on the land on which the structure is situate or the advertisement is exhibited and repair or tidy the structure or advertisement and may recover as a simple contract debt in any court of competent jurisdiction from the person having control of the structure or advertisement any expenses reasonably incurred by them in that behalf.

PART VI.

Compensation.

Compensation (refusal of permission or grant of permission subject to conditions).

55.—(1) If, on a claim made to the planning authority, it is shown that, as a result of a decision under Part IV of this Act involving a refusal of permission to develop land or a grant of such permission subject to conditions (other than any such condition as is referred to in paragraph (e), paragraph (g) or paragraph (h) of subsection (2) of section 26 of this Act) the value of an interest of any person existing in the land to which the decision relates at the time of the decision is reduced, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value and, in the case of the occupier of the land, the damage (if any) to his trade, business or profession carried on on the land.

(2) In determining reduction of value for the purposes of this section, regard shall be had—

(a) to any permission under this Act to develop the land existing at the time of the decision,

(b) to any undertaking that may be given to grant permission to develop the land in the event of application being made under this Act in that behalf, and

(c) to the fact that exempted development may be carried out on the land,

and, in a case in which there has been a refusal of permission, the calculation shall be made on the basis that, if the permission had been granted, any conditions which might reasonably have been imposed in relation to matters referred to in paragraphs (e), (g) and (h) of subsection (2) of section 26 and paragraph (c) of subsection (1) of section 56 of this Act (but no other conditions) would have been imposed.

(3) In determining reduction of value for the purposes of this section in a case in which there has been a decision involving a refusal of permission, it shall be assumed that, after the decision, and apart from any such undertaking as is mentioned in subsection (2) of this section, permission under this Act would not be granted for any development.

(4) Where, under section 29 of this Act, it is the duty of a planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

(5) In this section a reference to the time of a decision shall, where the decision in question is a decision of the Minister on appeal, be taken to be a reference to the time of the decision appealed against.

(6) A claim under this section shall be made within (but not after)—

(a) six months after the notification of the decision by the planning authority or the Minister (as the case may be), or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

Compensation excluded in respect of certain matters.

56.—(1) Compensation under section 55 of this Act shall not be payable—

(a) in respect of the refusal of permission for any development that consists of or includes the making of any material change in the use of any structures or other land,

(b) in respect of the refusal of permission to develop land if the reason or one of the reasons for the refusal is that development of the kind proposed would be premature—

(i) by reference to any existing deficiency in the provision of water supplies or sewerage facilities and the period within which any such deficiency may reasonably be expected to be made good, or

(ii) because a road layout for the area or part thereof has not been indicated in the development plan or has not been approved of by the planning authority or by the Minister on appeal,

(c) in respect of the imposition, on the granting of permission to develop land, of any condition relating to any of the following matters:

(i) the matters set out in paragraphs 1, 2, 3, 4 and 6 of Part II of the Third Schedule to this Act,

(ii) the matters set out in paragraph 5 of the said Part II so far as that paragraph relates to unauthorised structures,

(iii) the matters set out in paragraphs 1 and 3 of Part III of that Schedule,

(iv) the matters set out in paragraph 2, paragraph 6, paragraph 7, subparagraph (b) of paragraph 8 and paragraphs 9, 10, 11 and 13 of Part IV of that Schedule,

(v) matters in respect of which a requirement could have been imposed under any other Act, or under any order, regulation, rule or bye-law made under any other Act, without liability for compensation,

(d) in respect of the imposition, on the granting of permission to develop land, of any condition under paragraph (j) of subsection (2) of section 26 of this Act for requiring the removal of an advertisement structure or any condition under that paragraph in a case in which the relevant application for permission relates to a temporary structure,

(e) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is that the proposed development would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise,

(f) in respect of the refusal of permission for the erection of any advertisement structure or for the use of land for the exhibition of any advertisement,

(g) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is the necessity of preserving any view or prospect of special amenity value or special interest,

(h) in respect of the refusal of permission for development in an area to which a special amenity area order relates by reference to that area being an area of special amenity by reason of its natural beauty (other than any development for which the special amenity area order provides for its being permitted under this Act),

(i) in respect of the refusal of permission for development comprising any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension—

(i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Minister,

(ii) would be under a public road,

(iii) would seriously injure the amenities, or depreciate the value, of property in the vicinity,

(iv) would tend to create any serious traffic congestion,

(v) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

(vi) would be prejudicial to public health,

(j) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is that the development would contravene materially a condition attached to an existing permission for development.

(2) Nothing contained in subsection (1) of this section shall prevent compensation being paid—

(a) in a case in which there has been a refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed by fire or otherwise within the two years preceding the date of application for permission or there has been imposed a condition in consequence of which such new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or

(b) in a case in which there has been imposed a condition in consequence of which the new structure referred to in the foregoing paragraph or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward.

(3) Every dispute and question whether a new structure would or does replace substantially within the meaning of the foregoing subsection a demolished or destroyed structure shall be determined by the Minister.

Compensation excluded if certain other development permitted or if compensation already paid.

57.—(1) Compensation under section 55 of this Act shall not be payable in respect of a decision whereby permission to develop land is refused if, notwithstanding that refusal, there is available with respect to that land permission for development to which this section applies or if compensation has already been paid under section 55 of this Act by reference to a previous decision under Part IV of this Act involving a refusal of permission.

(2) Where permission for development to which this section applies is available with respect to part only of the land, this section shall have effect only in so far as the interest subsists in that part.

(3) Where a claim for compensation under this Part of this Act is made in respect of an interest in land, permission for development to which this section applies shall be taken for the purposes of this section to be available with respect to that land or a part thereof if there is in force with respect to that land or part a grant of, or an undertaking to grant, permission under this Act for some such development, subject to no conditions other than conditions in relation to matters referred to in paragraphs (e), (g) and (h) of subsection (2) of section 26 and paragraph (c) of subsection (1) of section 56 of this Act.

(4) This section applies to any development of a residential, commercial or industrial character, if the development consists wholly or mainly of the construction of houses, flats, shops or office premises, hotels, garages and petrol filling stations, theatres or structures for the purpose of entertainment, or industrial buildings (including warehouses), or any combination thereof.

Restrictions on sections 56 and 57.

58.—(1) Where, in a case determined on an appeal under Part IV of this Act, permission to develop any land has, save in a case referred to in subsection (2) of this section, been refused or has been granted subject to any condition relating to any of the matters set out in paragraphs 3 and 4 of Part II of the Third Schedule to this Act, nothing contained in subsection (1) of section 56 or section 57 of this Act shall prevent compensation being paid if, an application having been made in that behalf within (but not after) two months after the notification of the decision by the Minister, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of subsection (1) of section 56 or section 57 of this Act.

(2) Subsection (1) of this section does not apply—

(a) where there has been a refusal of permission for the erection of any advertisement structure or for the use of any land for the exhibition of any advertisement,

(b) where there has been a refusal of permission for development comprising any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension—

(i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Minister,

(ii) would be under a public road,

(iii) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

(iv) would be prejudicial to public health.

Compensation (revocation or modification of permission).

59.—(1) Where permission to develop land has been revoked or modified by a notice under section 30 of this Act—

(a) if, on a claim made to the planning authority, it is shown that any person interested in the land has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification, that authority shall pay to that person compensation in respect of that expenditure,

(b) the provisions of subsections (1) to (4) of section 55 and sections 56 and 57 of this Act shall apply in relation to the notice where it revoked the permission or modifies it by the imposition of conditions—

(i) in case it revoked the permission, as they apply in relation to refusal of permission to develop land, and

(ii) in case it modifies the permission by the imposition of conditions, as they apply in relation to a grant of permission to develop land subject to conditions,

subject to the modifications that, in subsections (1) and (2) of the said section 55, a reference to the time when the notice takes effect shall be substituted for any reference to the time of a decision and, in subsection (4) thereof, the reference to section 29 of this Act shall be construed as a reference to that section as applied by section 30 of this Act.

(2) A claim under this section or section 55 of this Act as applied by this section shall be made within (but not after)—

(a) six months after the time when the notice takes effect, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

(3) For the purposes of this section, any expenditure reasonably incurred in the preparation of plans for the purposes of any works or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out those works but, except as aforesaid, no compensation shall be paid by virtue of this section in respect of any works carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission.

Compensation in relation to section 36.

60.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any structure consequent upon a notice under section 36 of this Act, any person has suffered damage by the depreciation of any interest in the structure to which he is entitled, or by being disturbed in his enjoyment of the structure, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.

(2) A claim under this section shall be made within (but not after)—

(a) six months after the removal or alteration of the structure, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

(3) Where, under section 29 of this Act as applied by subsection (9) of section 36 of this Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

(4) Rule (12) of the Rules set out in section 2 of the Act of 1919 shall not apply in relation to any case in which a claim is made under this section.

Compensation in relation to section 37.

61.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the discontinuance, or the compliance with conditions on the continuance, of any use of land consequent upon a notice under section 37 of this Act, any person has suffered damage by the depreciation of any interest in the land to which he is entitled, or by being disturbed in his enjoyment of the land, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.

(2) Subsection (1) of this section shall not apply where the use of land is use for the exhibition of an advertisement unless—

(a) the advertisement was existing immediately before the appointed day and the discontinuance, or compliance with conditions on continuance, of use is effected during the period of five years beginning on the appointed day, or

(b) at the time of such discontinuance or compliance, the advertisement has been in position for less than five years.

(3) A claim under this section shall be made within (but not after)—

(a) six months after the discontinuance or compliance, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

(4) Where, under section 29 of this Act as applied by subsection (8) of section 37 of this Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

(5) Rule (12) of the Rules set out in section 2 of the Act of 1919 shall not apply in relation to any case in which a claim is made under this section.

Compensation in relation to section 44.

62.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any hedge consequent upon a notice under section 44 of this Act, any person has suffered damage by the depreciation of any interest in the land on which the hedge is situate to which he is entitled, or by being disturbed in his enjoyment of such land, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of the damage.

(2) A claim under this section shall be made within (but not after)—

(a) six months after the removal or alteration of the hedge, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

Compensation in relation to section 48.

63.—(1) If, on a claim made to the planning authority, it is shown that the value of an interest of any person in land, being land over which a public right of way has been created by an order under section 48 of this Act made by that authority, is depreciated, or that any person having an interest in such land has suffered damage by being disturbed in his enjoyment of the land, in consequence of the creation of the public right of way, that authority shall pay to that person compensation equal to the amount of the depreciation or damage.

(2) A claim under this section shall be made within (but not after)—

(a) six months after the time when the order creating the public right of way commences to have effect, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

Compensation in relation to section 83.

64.—(1) If, on a claim made to the planning authority, it is shown that, as a result of anything done under section 83 of this Act, any person has suffered damage, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.

(2) A claim under this section shall be made within (but not after)—

(a) six months after the damage is suffered, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

Compensation in relation to section 85.

65.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the action of such authority pursuant to section 85 of this Act in placing, renewing or removing any cable, wire or pipeline, attaching any bracket or fixture or affixing any notice, any person has suffered damage by the depreciation of any interest in the land or structure concerned to which he is entitled, or by being disturbed in his enjoyment of such land or structure, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of the damage.

(2) A claim under this section shall be made within (but not after)—

(a) six months after the action of the planning authority, or

(b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

Compensation in relation to direction under the Act of 1934.

66.—(1) In this section—

“interim direction” means a direction to do or refrain from doing any act which was given under the Act of 1934 directly or by implication by refusing a general permission or special permission, by granting a general or special permission subject to conditions, or by making a special prohibition whether subject to conditions or not so subject, not being a direction in respect of which an order was made under section 14 of the Town and Regional Planning (Amendment) Act, 1939 ;

“general permission”, “special permission”, “special prohibition”, “planning scheme” and “work” have the same meanings respectively as these expressions had in the Act of 1934.

(2) (a) Where an interim direction was given in respect of any property—

(i) any person who, on the day before the appointed day, had any estate or interest in or right over or in respect of such property, shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid compensation by that authority unless they decide that compensation would not have been payable to him by virtue of the Act of 1934 on the assumption of the relevant planning scheme having come into operation on the day before the appointed day and having contained a provision to the same effect as the interim direction and on the assumption of an application for compensation having been duly made under section 61 of the Act of 1934,

(ii) the amount of the compensation shall be the like amount as, on the said assumptions, would have been appropriate to be paid in accordance with the Act of 1934.

(b) Where a decision is given under the foregoing paragraph, the applicant may, within one month after being notified of the decision, appeal to the Minister, and the Minister shall either refuse the appeal or annul such decision.

(c) In deciding an appeal under this subsection, the Minister shall, in particular, have regard to subsection (2) of section 30 of the Act of 1934 and, for that purpose, may make any determination referred to in subsection (3) of that section in accordance with that subsection.

(3) (a) Where—

(i) any person has refrained from doing any particular work on account of an interim direction arising from the refusing of a special permission or the making of a special prohibition, and

(ii) he has suffered loss by so refraining,

such person shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid by that authority by way of compensation the amount of such loss unless the planning authority decide that the doing of such particular work would have prejudiced the efficient and economical execution of the relevant planning scheme on the assumption that that scheme had come into operation.

(b) Where—

(i) any person has, in the doing of any particular work complied with a condition attached to a special permission or contained in a special prohibition, and

(ii) he has by such compliance suffered loss (other than loss arising from the reduction in value of any property),

such person shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid by that authority by way of compensation the amount of such loss unless the planning authority decide that the doing of such particular work without complying with such condition would have prejudiced the efficient and economical execution of the relevant planning scheme on the assumption that that scheme had come into operation.

(c) Where a decision is given under either of the foregoing paragraphs, the applicant may, within one month after being notified of the decision, appeal to the Minister, and the Minister shall either refuse the appeal or annul such decision.

(4) The amendment of the Act of 1919 effected by this Act shall be disregarded in the case of any determination of compensation under this section.

Regulations in relation to compensation.

67.—Regulations may provide for—

(a) the form in which claims for compensation are to be made,

(b) the provision by a claimant of evidence in support of his claim and information as to his interest in the land to which the claim relates,

(c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him) having an interest in the land to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority or the claimant of every other person (if any) appearing to them or him to have an interest in the land,

(d) the information and documents to be submitted with an application for an order under section 58 of this Act,

(e) the information and documents to be submitted by a planning authority in relation to an application for an order under section 58 of this Act.

Determination of claim for payment of compensation.

68.—A claim under this Act for payment of compensation shall, in default of agreement, be determined by arbitration under the Act of 1919 in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award.

Amendment of section 2 of the Act of 1919.

69.—(1) Section 2 of the Act of 1919 is hereby amended, in cases where any compensation assessed will be payable by a planning authority or any other local authority, by the insertion after Rule 6 of the Rules set out in the Fourth Schedule to this Act.

(2) Subparagraph (b) of paragraph 1 of Part I of the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931 , is hereby amended by the insertion at the end of the subparagraph of “and by the Property Values (Arbitrations and Appeals) Act, 1960, and the Local Government (Planning and Development) Act, 1963”.

Prohibition of double compensation.

70.—Where a person would, but for this section, be entitled to compensation under this Act in respect of any matter or thing and also to compensation under any other enactment in respect of the same matter or thing, he shall not be entitled to compensation in respect of such matter or thing both under this Act and under the other enactment, and shall not be entitled to any greater amount of compensation under this Act in respect of such matter or thing than the amount of the compensation to which he would be entitled under the other enactment in respect of such matter or thing.

Recovery from planning authority of compensation.

71.—(1) All compensation payable under this Part of this Act by the planning authority shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Act, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction, and all costs and expenses of parties to an arbitration to determine the amount of any such compensation shall, in so far as such costs and expenses are payable by the planning authority, be likewise recoverable from that authority as a simple contract debt in any court of competent jurisdiction.

(2) Sections 69 to 79 of the Lands Clauses Consolidation Act, 1845 , as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890, or any other Act, shall apply in relation to moneys by this section made recoverable as a simple contract debt as if such moneys were a price or compensation under the said Act as so amended or adapted.

(3) Where money is paid into Court under section 69 of the Lands Clauses Consolidation Act, 1845 , as applied by this section, by the planning authority, no costs shall be payable by that authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such money.

Registration of compensation.

72.—(1) Where, on a claim for compensation under section 55 of this Act, under that section as applied by section 59 of this Act or under subsection (2) of section 66 of this Act, compensation has become payable of an amount exceeding twenty pounds, the planning authority shall prepare and retain a statement of that fact, specifying the refusal of permission or grant of permission subject to conditions, the revocation or modification of permission or the interim direction (as the case may be), the land to which the claim for compensation relates, and the amount of the compensation.

(2) (a) A planning authority shall enter in the register particulars of the statements prepared by them under this section.

(b) Every such entry shall be made within the period of fourteen days beginning on the day of the preparation of the statement.

Recovery by planning authority of compensation on subsequent development.

73.—(1) No person shall carry out any development to which this section applies, on land in respect of which a statement (in this section referred to as a compensation statement) has stood registered under the last preceding section for less than fourteen years, until such amount (if any) as is recoverable under this section in respect of the compensation specified in the statement has been paid or secured to the satisfaction of the planning authority.

(2) This section applies to any development (other than exempted development), being development—

(a) to which section 57 of this Act applies, or

(b) to which, having regard to the probable value of the development, it is in the opinion of the Minister reasonable that this section should apply:

Provided that—

(i) this section shall not apply to any development by virtue of paragraph (b) of this subsection if, on an application made to him for the purpose, the Minister has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section shall apply thereto, and

(ii) in a case where the compensation specified in the statement became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

(3) Subject to the two next following subsections, the amount recoverable under this section in respect of the compensation specified in a compensation statement—

(a) if the land on which the development is to be carried out (in this subsection referred to as the development area) is identical with, or includes (with other land) the whole of, the land comprised in the compensation statement, shall be the amount of compensation specified in that statement;

(b) if the development area forms part of the land comprised in the compensation statement, or includes part of that land together with other land not comprised in that statement, shall be so much of the amount of compensation specified in that statement as is attributable to land comprised in that statement and falling within the development area.

(4) For the purposes of paragraph (b) of subsection (3) of this section, the following provisions shall have effect:

(a) the planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation between the different parts of the land according to the way in which those parts appear to them to be differently affected by the refusal of permission or grant of permission subject to conditions;

(b) if no apportionment is made, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the statement relates;

(c) if an apportionment is made, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land;

(d) if any person disputes an apportionment under this subsection, the dispute shall be submitted to and decided by a property arbitrator.

(5) Where, in the case of any land in respect of which a compensation statement has been registered, the Minister is satisfied that, having regard to the probable value of any proper development of that land, no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or part of any amount otherwise recoverable under this section; and where part only of any such amount has been remitted, he shall cause the compensation statement to be amended by substituting therein for the specification of the amount of the compensation, in so far as it is attributable to that land, a specification of the amount which has been remitted under this subsection.

(6) Where, in connection with the development of any land, an amount becomes recoverable under this section in respect of the compensation specified in a compensation statement, then, except where, and to the extent that, payment of that amount has been remitted under the last preceding subsection, no amount shall be recoverable, in so far as it is attributable to that land, in connection with any subsequent development thereof.

(7) An amount recoverable under this section in respect of any compensation shall be payable to the planning authority, and—

(a) shall be so payable either as a single capital payment or as a series of instalments of capital and interest combined, or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the planning authority may direct, after taking into account any representations made by the person by whom the development is to be carried out, and

(b) except where the amount is payable as a single capital payment, shall be secured by that person in such manner (whether by mortgage, covenant or otherwise) as the planning authority may direct.

(8) If any person initiates any development to which this section applies in contravention of subsection (1) of this section, the planning authority may serve a notice upon him, specifying the amount appearing to them to be the amount recoverable under this section in respect of the compensation in question, and requiring him to pay that amount to them within such period, not being less than three months after the service of the notice, as may be specified in the notice, and, in default of the said amount being paid to the planning authority within the period specified in the notice, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.

PART VII.

Acquisition of Land, etc.

Appropriation of land to purposes of functions under this Act.

74.—(1) Where—

(a) land is vested in a planning authority otherwise than for the purposes of their functions under this Act, and

(b) the planning authority are satisfied that the land should be made available for those purposes,

the planning authority may, with the consent of the appropriate Minister, appropriate the land to any of those purposes.

(2) In subsection (1) of this section “the appropriate Minister” means—

(a) if the Ministerial functions relating to the land in question are vested in a single Minister other than the Minister—that Minister,

(b) if those functions are vested in two or more Ministers (neither or none of whom is the Minister)—such one of those Ministers as has, in relation to the land, the greater or greatest concern,

(c) in all other cases—the Minister.

(3) If, in relation to paragraph (b) of the foregoing subsection, any doubt as to which one of two or more Ministers has the greater or greatest concern, the doubt shall be determined by the Minister.

Disposal of land by planning authority.

75.—(1) Any land acquired for the purposes of or appropriated under this Act by a planning authority may be sold, leased or exchanged subject to such conditions as they may consider necessary in order to secure the best use of that or other land, and any structures or works which have been, or are to be, constructed, erected, made or carried out on, in or under that or other land, or to secure the construction, erection, making or carrying out of any structures or works appearing to them to be needed for the proper planning and development of their area.

(2) The consent of the Minister shall be requisite for any sale, lease or exchange under subsection (1) of this section—

(a) in case the price or rent, or what is obtained by the planning authority on the exchange, is not the best reasonably obtainable, or

(b) in case the development proposed for the land would contravene materially the development plan,

but, save as aforesaid, shall not be requisite notwithstanding the provisions of any other enactment.

(3) Capital money arising from the disposal of land under subsection (1) of this section shall be applied for a capital purpose for which capital money may be properly applied.

(4) (a) Where, as respects any land acquired for the purposes of or appropriated under this Act by a planning authority, the authority consider that they will not require the use of the land for any of their functions for a particular period, the authority may grant a lease of the land for that period or any less period and the lease shall be expressed as a lease granted for the purposes of this subsection.

(b) Neither the Landlord and Tenant Acts, 1931 and 1958, nor the Rent Restrictions Act, 1960 , shall apply in relation to a lease granted as aforesaid for the purposes of this subsection.

Extinguishment of public right of way.

76.—(1) A planning authority may, with the approval of the Minister, by order extinguish a public right of way, but an order made under this subsection shall be published in the prescribed manner, and the Minister shall not approve the order until he has caused a public local inquiry to be held and has considered any objections to the order not withdrawn and the report of the person who held the inquiry.

(2) Subsection (1) of this section does not apply to a public right of way over land acquired compulsorily by a planning authority for the purposes of this Act if the order authorising the compulsory acquisition authorised the extinguishment of such right of way.

Development by planning authority, etc.

77.—(1) A planning authority may develop or secure the development of land and, in particular and without prejudice to the generality of the foregoing, may—

(a) secure, facilitate and control the improvement of the frontage of any public road by widening, opening, enlarging or otherwise improving,

(b) develop any land in the vicinity of any road or bridge which it is proposed to improve or construct,

(c) provide areas with roads and such services and works as may be needed for development,

(d) provide areas of convenient shape for development,

(e) secure or carry out, as respects obsolete areas, the development or renewal thereof and the provision therein of open spaces,

(f) secure the preservation of any view or prospect, any structure or natural physical feature, any trees subject to a tree preservation order, any site of geological, ecological or archaeological interest or any flora or fauna subject to a conservation order.

(2) A planning authority may provide—

(a) sites for the establishment or relocation of industries, businesses (including hotels, motels and guest-houses), dwellings, offices, shops, schools, churches and other community facilities and of such buildings, premises, dwellings, parks and structures as are referred to in paragraph (b) of this subsection,

(b) factory buildings, office premises, shop premises, dwellings, amusement parks and structures for the purpose of entertainment, caravan parks, buildings for the purpose of providing accommodation, meals and refreshments, buildings for providing trade and professional services and advertisement structures,

(c) any services which they consider ancillary to anything which is referred to in paragraphs (a) and (b) of this subsection and which they have provided,

and may maintain and manage any such site, building, premises, dwelling, park, structure or service and may make any charges which they consider reasonable in relation to the provision, maintenance or management thereof.

(3) A planning authority may, in connection with any of their functions under this Act, make and carry out arrangements with any person or body for the development or management of land.

(4) For avoidance of doubt it is hereby declared that the powers which a planning authority may exercise pursuant to section 10 of the Local Government (No. 2) Act, 1960 , with respect to compulsory acquisition for the purposes of any of their functions under this Act apply in relation to anything which is specified in subsection (1) of section 2 of this Act as being included in “land”.

Public notice of development proposed to be carried out by certain local authorities.

78.—Regulations made in relation to any specified cases or classes of cases of development proposed to be carried out by local authorities who are planning authorities may—

(a) require the authority to give public notice in any specified manner of development which they propose to carry out,

(b) require the inclusion in any such notice of an invitation for the making by interested persons of objections to the proposed development,

(c) in cases where any such objection is made and is not withdrawn, require the authority to have the consent of the Minister before carrying out the proposed development.

Amendment of Landlord and Tenant Acts, 1931 and 1958.

79.—(1) “business” in the Landlord and Tenant Act, 1931 , shall include the carrying out by a planning authority of any of their functions.

(2) Subsection (1) of section 22 of the Landlord and Tenant Act, 1931 , is hereby amended by the insertion after paragraph (b) of the following paragraph:

“(bb) that, such landlord being a planning authority within the meaning of the Local Government (Planning and Development) Act, 1963, such tenement or any part thereof is situate in an area in respect of which the development plan within the meaning of that Act indicates objectives for its development or renewal as being an obsolete area, or”.

(3) Subsection (1) of section 15 of the Landlord and Tenant (Reversionary Leases) Act, 1958 , is hereby amended by the addition of “or alternatively, being a planning authority within the meaning of the Local Government (Planning and Development) Act, 1963, satisfies the Court that, in case the reversionary lease would be a lease of the whole of the land, the land or any part of the land is situate in an area in respect of which the development plan within the meaning of that Act indicates objectives for its development or renewal as being an obsolete area or that, in case the reversionary lease would be a lease of part of the land, that part or any part of that part is situate in such an area”.

PART VIII.

Miscellaneous.

Prosecution of offences by planning authority.

80.—(1) An offence under this Act may be prosecuted by the planning authority in whose area the offence is committed.

(2) A planning authority shall not prosecute in a case in which an offence under section 53 of this Act is alleged to have been committed in relation to an advertisement unless the advertisement is exempted development and they have decided that the advertisement would injure the amenities of their area and, in the case of an advertisement advertising a public meeting, unless the advertisement has been in position for seven days or longer after the date of the meeting.

(3) Where—

(a) an offence under section 46 or section 52 of this Act, or

(b) an offence under section 53 of this Act consisting of defacing any structure, door, gate, window, tree or post,

is alleged to have been committed, any officer of the planning authority, duly authorised by them in writing and producing, if so required, his authority, may demand the name and address of any person whom he reasonably believes to be guilty of the offence.

(4) Any person whose name and address has been demanded under the foregoing subsection and who fails to comply with the demand shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five pounds.

Restriction on exercise of power of entry of planning authority and obstruction of approved entry.

81.—(1) Where (in the case of occupied land) the occupier or (in the case of unoccupied land) the owner refuses to permit the exercise of a power of entry conferred by this Act on a planning authority, the authority shall not exercise the power save pursuant to an order of the District Court approving of the entry.

(2) The following provisions shall have effect in relation to an application for an order under this section:

(a) the application shall be made, on notice to the person who refused to permit the exercise of the power of entry, to the justice of the District Court having jurisdiction in the district court district in which the land or part of the land is situate,

(b) the application shall be granted unless the proposed entry is to be made pursuant to section 31 , 32 or 33 of this Act on a structure and the said person satisfies the court in a case of non-compliance with a condition, that the condition was complied with or, in any other case, that the structure is not an unauthorised structure,

(c) an order made on the application may require that entry shall not be effected during a specified period of one week or less commencing on the date of the order.

(3) Any person who, by act or omission, obstructs an entry approved of by order under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds; and if in the case of a continuing offence the obstruction is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which, the obstruction is so continued.

Supplemental provisions relating to references and appeals.

82.—(1) Regulations may provide for any matters of procedure in relation to references or appeals.

(2) Regulations shall be made under this section providing—

(a) for oral hearing of any reference or appeal in respect of which oral hearing is requested by any party,

(b) for any such oral hearing being conducted by a person appointed for that purpose by the Minister,

(c) for the furnishing to the Minister, by any person so appointed, of a report on the oral hearing and for the consideration by the Minister of the report before he gives his decision.

(3) Where a question of law arises on any reference or appeal—

(a) the Minister may refer the question for decision by the High Court,

(b) an appeal shall lie to the High Court on the question and may be taken at any time within the period of three months after the giving of the decision or such longer period as the High Court may in any particular case allow.

(4) A person conducting an oral hearing of any reference or appeal may require any officer of a planning authority to give to him any information in relation to the reference or appeal which he reasonably requires for the purposes of the reference or appeal, and it shall be the duty of the officer to comply with the requirement.

(5) (a) A person conducting an oral hearing of any reference or appeal may visit and inspect any land to which the reference or appeal relates.

(b) Any person who obstructs the exercise of the power conferred by this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five pounds.

(6) A person conducting an oral hearing of any reference or appeal may take evidence on oath and for that purpose may administer oaths, and a person giving evidence at any such hearing shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(7) (a) Subject to the following paragraph, a person conducting an oral hearing of any reference or appeal may, by giving notice in that behalf in writing to any person, require that person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any books, deeds, contracts, accounts, vouchers, maps, plans or other documents in his possession, custody or control which relate to any such matter.

(b) The following provisions shall have effect for the purposes of the foregoing paragraph:

(i) it shall not be necessary for a person to attend in compliance with a notice at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance have been paid or tendered to him;

(ii) the planning authority shall, at the request of the person conducting the oral hearing, pay or tender to any person whose attendance is required such sum as the person conducting the hearing considers will cover the reasonable and necessary expenses of the attendance;

(iii) any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him, be paid those expenses by the planning authority, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction;

(iv) every person to whom a notice has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any document to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.

(8) In this section—

“reference” means a reference under section 5 of this Act,

“appeal”, except in paragraph (b) of subsection (3), means an appeal to the Minister under this Act or any order made under this Act.

Power of authorised person to enter on land.

83.—(1) An authorised person may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m. for any purpose connected with this Act.

(2) An authorised person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, make excavations, and examine the depth and nature of the subsoil.

(3) Before an authorised person enters under this section on any land, the appropriate authority shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier (as the case may be) not less than fourteen days' notice in writing of the intention to make the entry.

(4) A person to whom a notice of intention to enter on land has been given under this section by the appropriate authority may, not later than fourteen days after the giving of such notice, apply, on notice to such authority, to the justice of the District Court having jurisdiction in the district court district in which the land or part of the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.

(5) Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.

(6) Subsections (3), (4) and (5) of this section shall not apply to entry for the purposes of Part IV of this Act and, in a case in which any such entry is proposed, if the occupier (in the case of occupied land) or the owner (in the case of unoccupied land) refuses to permit the entry—

(a) the entry shall not be effected unless it has been authorised by an order of the justice of the District Court having jurisdiction in the district court district in which the land or part of the land is situate and, in the case of occupied land, save after at least twenty-four hours' notice of the intended entry, and of the object thereof, has been given to the occupier,

(b) an application for such an order shall be made on notice (in the case of occupied land) to the occupier or (in the case of unoccupied land) to the owner.

(7) Every person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds; and if in the case of a continuing offence the obstruction is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which the obstruction is so continued.

(8) In this section—

“authorised person” means a person who is appointed by the planning authority or the Minister to be an authorised person for the purposes of this section;

“appropriate authority” means—

(a) in a case in which the authorised person was appointed by a planning authority—that authority, and

(b) in a case in which the authorised person was appointed by the Minister—the Minister.

Consultation by State authorities.

84.—(1) Before undertaking the construction or extension of any building (not being a building which is to be constructed or extended in connection with afforestation by the State), a State authority—

(a) shall consult with the planning authority to such extent as may be determined by the Minister, and

(b) if any objections that may be raised by the planning authority are not resolved, shall (save where the construction or extension is being undertaken by the Minister) consult on the objections with the Minister.

(2) In this section “State authority” means any authority being—

(a) a member of the Government,

(b) the Commissioners of Public Works in Ireland, or

(c) the Irish Land Commission.

Cables, wires and pipelines.

85.—(1) A planning authority may, with the consent of the owner and of the occupier of any land not forming part of a public road, place, erect or construct cables, wires and pipelines (other than waterpipes, sewers and drains), and any apparatus incidental to such cables, wires and pipelines, on, under or over such land, and may from time to time inspect, repair, alter or renew, or may at any time remove, any cables, wires or pipelines placed, erected or constructed under this section.

(2) A planning authority may, with the consent of the owner and of the occupier of any structure, attach to such structure any bracket or other fixture required for the carrying or support of any cable, wire or pipeline placed, erected or constructed under this section.

(3) A planning authority may erect and maintain notices indicating the position of cables, wires or pipelines placed, erected or constructed under this section and may, with the consent of the owner and of the occupier of any structure, affix such a notice to such structure.

(4) The foregoing subsections of this section shall have effect subject to the proviso that—

(a) a consent for the purposes of any of them shall not be unreasonably withheld,

(b) if the planning authority consider that such a consent has been unreasonably withheld, they may appeal to the Minister,

(c) if the Minister determines that such a consent was unreasonably withheld, it shall be treated as having been given.

(5) The planning authority may permit the use of any cables, wires or pipelines placed, erected or constructed under this section and of any apparatus incidental to such cables, wires or pipelines subject to such conditions and charges as they consider appropriate.

Building regulations.

86.—(1) The Minister may make regulations for all or any of the matters set out in section 41 of the Public Health (Ireland) Act, 1878 , and section 23 of the Public Health Acts Amendment Act, 1890 (other than paragraph (1) of the said section 41 and the last paragraph of subsection (1) of the said section 23), and accordingly no further bye-laws shall be made under those sections for any of those matters.

Regulations made under this section shall be known and in this Act are referred to as building regulations.

(2) Building regulations may prescribe standards (expressed in terms of performance, types of material, methods of construction or otherwise) in relation to all or any of the matters specified in the Fifth Schedule to this Act and may prescribe different standards for buildings of different classes.

(3) Building regulations may make provision in relation to—

(a) testing of drains and sewers,

(b) taking of samples of materials to be used in the construction of buildings, or in the execution of other works.

(4) (a) Building regulations may be made with respect to—

(i) structural alterations or extensions of buildings, and buildings so far as affected by alterations or extensions,

(ii) buildings or parts of buildings in cases where any material change takes place in the purposes for which a building or, as the case may be, a part of a building is used, and so far as they relate to the matters mentioned in this subsection, may be made to apply to buildings erected before the date on which the regulations came into force, but, save as aforesaid, shall not apply to buildings erected before that date.

(b) For the purposes of this subsection, there shall be deemed to be a material change in the purpose for which a building, or part of a building, is used if—

(i) a building, or part of a building, being a building or part which was not originally constructed for occupation as a house, or which though so constructed has been appropriated to other purposes, becomes used as a house,

(ii) a building, or part of a building, being a building or part which was originally constructed for occupation as a house by one family only, becomes occupied by two or more families, or

(iii) where regulations contain special provisions with respect to buildings used for any particular purpose, a building, or a part of a building, being a building or part not previously used for that purpose, becomes so used.

(5) Any provision contained in building regulations may be made so as to apply generally, or in an area specified in the regulations, and the regulations may contain different provisions for different areas.

(6) Planning authorities shall, in relation to building regulations, have all such functions under the Public Health (Ireland) Act, 1878 (including, in particular, section 42 thereof), as are provided by that Act for them as sanitary authorities in relation to bye-laws under section 41 of that Act.

(7) Building regulations may include such supplemental and incidental provisions as appear to the Minister to be expedient.

(8) If a person contravenes any provision contained in building regulations, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and shall be liable to a further fine not exceeding twenty pounds for each day on which the contravention is so continued.

(9) Building regulations may provide for a combination in one document of—

(a) any application required or authorised under the regulations to be made, and

(b) any application for permission for development under Part IV of this Act;

and for the making of such combined application in such form and manner as may be specified in the regulations.

(10) Section 41 of the Public Health (Ireland) Act, 1878 , and section 23 of the Public Health Acts Amendment Act, 1890 , shall have effect as if—

(a) in lieu of so much thereof as provides for the making of bye-laws with respect to the matters specified in the said section 41 (other than paragraph (1) thereof) and the said section 23 (other than the last paragraph of subsection (1) thereof), they provided for the making, subject to the provisions of the Local Government (Planning and Development) Act, 1963, of regulations with respect to those matters by the Minister, and

(b) the words “Provided that no bye-law made under this section shall affect any building erected before the passing of this Act” were omitted from the said section 41.

(11) For any reference to bye-laws under section 41 of the Public Health (Ireland) Act, 1878 , with respect to any matters set out in that section (other than paragraph (1) thereof) or in subsection (1) of section 23 of the Public Health Acts Amendment Act, 1890 (other than the last paragraph thereof), or to bye-laws under subsection (4) of the said section 23, which occurs in any Act or in any instrument having effect under any Act, there shall be substituted save where the context otherwise requires, a reference to building regulations.

Relaxation of building regulations.

87.—(1) Subject to the provisions of this section, if the Minister, on application made in accordance with the provisions of this section, considers that the operation of any requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, he may, after consultation with the planning authority, give a direction dispensing with or relaxing that requirement.

(2) If building regulations so provide as regards any requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) of this section shall be exercisable by the planning authority (instead of by the Minister after consultation with the planning authority), but any provisions contained by virtue of this subsection in building regulations shall except applications made by local authorities and may except applications of any other description.

(3) Building regulations may provide as regards any requirements contained in the regulations that the foregoing subsections of this section shall not apply.

(4) An application under this section shall be in such form as may be prescribed by building regulations and shall contain such particulars as may be so prescribed.

(5) The application shall be made to the planning authority and, except where the power of giving the direction is exercisable by the planning authority, the planning authority shall at once transmit the application to the Minister and give notice to the applicant that it has been so transmitted.

(6) If within a period of two months beginning with the date of an application (being an application with respect to which the power of giving the direction is exercisable by the planning authority), or within such extended period as may at any time be agreed in writing between the applicant and the planning authority, the planning authority do not notify the applicant of their decision on the application, a decision by the planning authority to grant the application shall be regarded as having been given on the last day of that period.

(7) An application by a local authority shall be made to the Minister.

Appeal against refusal by planning authority to relax building regulations.

88.—(1) If a planning authority refuse an application to dispense with or relax any requirement in building regulations which they have power to dispense with or relax, the applicant may by notice in writing appeal to the Minister within one month from the date on which the planning authority notify the applicant of their refusal.

(2) Where an appeal under this section is allowed, the Minister shall give such directions for dispensing with or relaxing building regulations as may be appropriate, and the planning authority shall comply therewith.

Petrol pumps, etc., on public roads.

89.—(1) The planning authority may grant to any person a licence to erect, construct, place, and maintain—

(a) a petrol pump, oil pump, air pump or other appliance for the servicing of vehicles,

(b) a vending machine,

(c) a town or landscape map for indicating directions or places,

(d) a hoarding, fence or scaffold,

(e) an advertisement structure,

(f) a cable, wire or pipeline,

(g) any other appliance or structure specified by the Minister by regulations as suitable for being licensed under this section,

on, under, over or along a public road.

(2) A person applying for a licence under this section shall furnish to the planning authority such plans and other information concerning the position, design and capacity of the appliance or structure as the authority may require.

(3) A licence may be granted under this section by the planning authority for such period and upon such conditions as the authority may specify, and where in the opinion of the planning authority by reason of the increase or alteration of traffic on the road or of the widening of the road or of any improvement of or relating to the road, the appliance or structure causes an obstruction or becomes dangerous, the authority may by notice in writing withdraw the licence and require the licensee to remove such appliance or structure at his own expense.

(4) (a) Any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under this section or to the conditions specified by the planning authority for such a licence, appeal to the Minister.

(b) Where an appeal under this section is allowed, the Minister shall give such directions with respect to the withdrawing, granting or altering of a licence under this section as may be appropriate, and the planning authority shall comply therewith.

(5) (a) The Minister may make regulations prescribing the amount of the fee to be paid to the planning authority for the grant of a licence under this section, and any such fees shall be applied by the planning authority in the manner directed by the regulations.

(b) Different fees may be prescribed under this subsection in respect of different appliances and structures.

(6) Nothing in this section shall be construed as affecting the application to petrol pumps of the regulations for the time being in force relating to the storage or sale of motor spirit or to authorise the use of a petrol pump otherwise than in accordance with those regulations.

(7) A person shall not be entitled solely by reason of a licence under this section to erect, construct, place or maintain on, under, over or along a public road any appliance or structure.

(8) Subject to subsection (9) of this section, any person who—

(a) erects, constructs, places or maintains an appliance or structure referred to in subsection (1) of this section on, under, over or along any public road without having a licence under this section so to do, or

(b) erects, constructs, places or maintains such an appliance or structure on, under, over or along any public road otherwise than in accordance with a licence under this section, or

(c) contravenes any condition subject to which a licence has been granted to him under this section,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding two pounds for each day on which the contravention is so continued.

(9) (a) A planning authority may, by virtue of this subsection, themselves erect, construct, place or maintain, on, under, over or along a public road any appliance or structure referred to in subsection (1) of this section, and it shall not be necessary for them to have a licence under this section.

(b) Nothing in this subsection shall be taken as empowering a planning authority to hinder the reasonable use of a public road by the public or any person entitled to use it or as empowering a planning authority to create a nuisance to the owner or occupier of premises adjacent to the public road.

(10) Where a planning authority are not the road authority for the purposes of main roads in their area, they shall not, in pursuance of this section, grant a licence in respect of any appliance or structure on, under, over or along a main road or erect, construct or place any appliance or structure on, under, over or along a main road save after consultation with the authority who are the road authority for those purposes.

Saving for national monuments.

90.—Nothing in this Act shall restrict, prejudice, or affect the functions of the Minister for Finance or the Commissioners of Public Works in Ireland under the National Monuments Acts, 1930 and 1954, in relation to national monuments as defined by those Acts or any particular such monuments.

Amendment of Section 42 of Public Health (Ireland) Act, 1878.

91.— Section 42 of the Public Health (Ireland) Act, 1878 , is hereby amended by the substitution of “two months” for “one month” and “such two months” for “such month”.

Transitional.

92.—(1) An application for a special permission under the Act of 1934 which was under consideration by a planning authority immediately before the appointed day shall be treated for the purposes of this Act as an application for a permission under section 26 of this Act.

(2) A general or special permission granted under the Act of 1934 shall be treated for the purposes of this Act (including, in particular, sections 30, 31 and 35) as a permission granted under section 26 of this Act, and a record of such permission shall be included in the register.

(3) An appeal under section 59 of the Act of 1934 in relation to a grant or refusal of a special or general permission which was pending immediately before the appointed day shall be treated for the purposes of this Act as an appeal under section 26 of this Act, except that a direction shall not be given in relation to the appeal under paragraph (b) of subsection (1) of section 18 of this Act.

(4) In relation to an order made under section 14 of the Town and Regional Planning (Amendment) Act, 1939 , before the appointed day, that Act and the Act of 1934 shall be treated as continuing in force for the purpose of enabling effect to be given in relation to the order to the provisions contained in the said section 14.

(5) (a) Any bye-laws in force immediately before the operative day under section 41 of the Public Health (Ireland) Act, 1878 , for any matters other than those set out in paragraph (1) of that section shall on and after that day continue to apply in relation to—

(i) plans which, in accordance with such bye-laws, were deposited before the operative day, and

(ii) work carried out in accordance with plans deposited before the operative day, with or without departure or deviation from those plans, and

(iii) works carried out and completed before the operative day.

(b) Except as provided by the foregoing paragraph, all bye-laws in force immediately before the operative day under section 41 of the Public Health (Ireland) Act, 1878 , for any matters other than those set out in paragraph (1) of that section shall be repealed on the operative day, but subsections (1) and (2) of section 21 of the Interpretation Act, 1937 , shall apply in relation to the repeals effected by this paragraph as they apply in relation to the repeal of any provision in an Act of the Oireachtas.

(c) The amendment made by subsection (11) of section 86 of this Act in any enactment shall not apply so as to exclude from that enactment any reference to bye-laws made under section 41 of the Public Health (Ireland) Act, 1878 , as in force before the operative day, or as continued in force by this subsection.

(d) In this subsection “the operative day” means the day on which this subsection comes into operation.

(6) (a) A licence under section 137 of the Cork Improvement Act, 1868, section 47 of the Dublin Corporation Act, 1890, or section 35 of the Local Government Act, 1925 , in force immediately before the appointed day shall be treated for the purposes of this Act as a licence under section 89 of this Act.

(b) An appeal under section 35 of the Local Government Act, 1925 , pending immediately before the appointed day shall be treated for the purposes of this Act as an appeal under section 89 of this Act.

(c) Regulations in force immediately before the appointed day under section 35 of the Local Government Act, 1925 , shall continue in force as if they were regulations under section 89 of this Act and may be amended or revoked accordingly.

(d) Subsection (8) of section 89 of this Act shall not have effect in relation to an appliance or structure referred to in subsection (1) of that section (other than a hoarding, fence or scaffold in the county borough of Dublin or in the county borough of Cork or a petrol pump) before the expiration of the period of six months beginning on the appointed day.

FIRST SCHEDULE.

Towns.

Section 2 .

Part I.

Ardee

Balbriggan

Ballybay

Ballyshannon

Bandon

Bantry

Belturbet

Boyle

Callan

Cootehill

Droichead Nua

Edenderry

Fethard in the county of Tipperary South Riding

Gorey

Granard

Kilkee

Lismore

Loughrea

Mountmellick

Muinebeag

Mullingar

Newcastle West

Passage West

Portlaoighise

Rathkeale

Roscommon

Tramore

Tuam

Part II.

Abbeyfeale

Abbeyleix

Athenry

Bailieborough

Ballaghaderreen

Ballinrobe

Ballybofey

Ballybunion

Ballyhaunis

Banagher

Blanchardstown

Blarney

Caher

Cahersiveen

Carndonagh

Carrick-on-Shannon

Castlecomer-Donaguile

Castleisland

Castlereagh

Celbridge

Clara

Claremorris

Clifden

Clondalkin

Dingle

Donegal

Dunmanway

Ennistimon

Gort

Graiguenamanagh-Tinnahinch

Greystones-Delgany

Kanturk

Kenmare

Kildare