Local Government (Planning and Development) Act, 1992

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Number 14 of 1992

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1992

ARRANGEMENT OF SECTIONS

SCHEDULE

Enactments Repealed

Number 14 of 1992

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1992

AN ACT TO AMEND AND EXTEND THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1991, IN RELATION TO APPEALS AND OTHER MATTERS WITH WHICH AN BORD PLEANÁLA IS CONCERNED AND IN RELATION TO LEGAL PROCEEDINGS CONCERNED WITH MATTERS ARISING UNDER OR CONNECTED WITH THE SAID ACTS AND TO PROVIDE FOR RELATED MATTERS. [16th July, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

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

“the Act of 1976” means the Local Government (Planning and Development) Act, 1976 ;

“the Act of 1982” means the Local Government (Planning and Development) Act, 1982 ;

“the Act of 1983” means the Local Government (Planning and Development) Act, 1983 ;

“the Act of 1990” means the Local Government (Planning and Development) Act, 1990 ;

“the Acts” means the Local Government (Planning and Development) Acts, 1963 to 1992;

“appeal” means an appeal to the Board under section 26 (5) of the Principal Act;

“appellant” means the person by whom an appeal is made;

“other matter with which the Board is concerned” means—

(a) an appeal to the Board under the Acts or any order or regulations made under the Acts, other than an appeal under section 26 (5) of the Principal Act,

(b) a reference under section 5 of the Principal Act,

(c) a request for a determination of a disagreement, question or dispute to which section 26 (7) of the Principal Act or section 15 (2) of the Act of 1990 relates,

(d) a purchase notice transmitted to the Board pursuant to section 29 (4) of the Principal Act, or

(e) a request for a determination of a contribution or other matter which, pursuant to a condition attached to a permission or approval granted under section 26 of the Principal Act, is to be agreed between the planning authority and the person to whom the permission or approval is granted and in default of agreement is to be determined by the Board;

“party to an appeal” means any of the following persons, namely—

(a) the appellant,

(b) the planning authority against whose decision an appeal is made,

(c) the applicant for any permission or approval in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

and “party” shall be construed accordingly;

“planning application” means an application to a planning, authority in accordance with permission regulations for permission for the development of land or for an approval required by such regulations;

“prescribe” means prescribe by regulations;

“the Principal Act” means the Local Government (Planning and Development) Act, 1963 .

(2) In this Act—

(a) a reference to a section is to a section of this Act, unless it is indicated that reference to some other enactment is intended, and

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

Duty and objective of Board.

2.—(1) It shall be the duty of the Board to ensure that appeals and other matters with which it is concerned are disposed of as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the determination of appeals and other matters.

(2) In particular, and without prejudice to the generality of subsection (1) and subject to subsections (3), (4) and (7), it shall be the objective of the Board to ensure that every appeal or other matter is determined within—

(a) a period of four months beginning on the date of receipt by the Board of the appeal or other matter, or

(b) such other period as the Minister may prescribe, either generally or in respect of a particular class or classes of appeals or other matters.

(3) (a) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of an appeal or other matter with which the Board is concerned, to determine the appeal or other matter within the period referred to in paragraph (a) or (b) of subsection (2) (as the case may be) the Board shall, by notice in writing served on the parties to the appeal or other matter before the expiration of that period, inform those parties of the reasons why it would not be possible or appropriate (as the case may be) to determine the appeal or other matter within that period and shall specify the date before which the Board intends that the appeal or other matter shall be determined.

(b) Where a notice has been served under paragraph (a), the Board shall take all such steps as are open to it to ensure that the appeal or other matter is determined before the date specified in the notice.

(4) The Minister may by regulations—

(a) provide that subsection (2) shall not have effect for such period as is specified in the regulations, or

(b) vary a period mentioned in that subsection,

either generally or in respect of a particular class or classes of appeals or other matters with which the Board is concerned where it appears to him to be necessary, by virtue of exceptional circumstances, to do so and for so long as such regulations are in force this section shall be construed and have effect in accordance therewith.

(5) The Board shall include in each report made under section 9 of the Act of 1976 a statement of the number of appeals and other matters with which the Board is concerned that it has determined within a period referred to in paragraph (a) or (b) of subsection (2) and such other information as to the time taken to determine appeals and other matters as the Minister may direct.

(6) Subsections (2) to (5) shall apply in relation to appeals and other matters with which the Board is concerned that are received by the Board on or after the date which is six months after the date of the passing of this Act.

(7) This section shall not apply in relation to purchase notices transmitted to the Board pursuant to section 29 (4) of the Principal Act.

Amendment of section 26 of Principal Act.

3.—Section 26 of the Principal Act is hereby amended:

(a) by the substitution for subsection (5) and subsection (5A) (inserted by the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 )) of the following subsection:

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

(b) Subject to the following provisions of this subsection, where an appeal is brought from a decision of a planning authority and is not withdrawn, the Board shall determine the application as if it had been made to the Board in the first instance and the decision of the Board 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 Board on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(c) Notwithstanding any other provision of this section, the Board in determining an appeal under this subsection shall, where it considers it appropriate, have regard to either or both of the following, namely—

(i) the probable effect which a particular decision by it on the matter would have on any place or area which is outside the area of the relevant planning authority, and

(ii) any other consideration relating to development outside the area of that authority.

(d) Without prejudice to paragraph (b) of this subsection, the Board shall, in determining on appeal an application in respect of which an environmental impact statement was submitted by the applicant in accordance with a requirement of or under regulations under the Acts (whether at the instance of the Board or otherwise), have regard to that statement, to such supplementary information (if any) relating to the statement as may have been furnished to the Board or to the planning authority by the applicant in accordance with a requirement under such regulations, and to other submissions or observations (if any) made to the Board in accordance with the Acts or regulations under the Acts in relation to the effects on the environment of the development to which the application relates.

(e) Paragraph (b) of this subsection shall be construed and have effect subject to sections 11 , 14 and 15 of the Local Government (Planning and Development) Act, 1992.

(f) In paragraph (a) of this subsection ‘the appropriate period’ means the period of one month beginning on the day of the giving of the decision of the planning authority.”;

(b) by the substitution for subparagraph (ii) (inserted by the Act of 1983) of paragraph (a) of subsection (9) of the following subparagraph:

“(ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless as regards the appeal or, as may be appropriate, each of the appeals—

(I) it is withdrawn, or

(II) it is dismissed by the Board pursuant to section 11 or 14 of the Local Government (Planning and Development) Act, 1992, or

(III) in relation to it a direction is given to the authority by the Board pursuant to section 15 of the said Act,

and, in the case of the withdrawal or dismissal of an appeal or of all such appeals, as may be appropriate, they shall make the grant as soon as may be after such withdrawal or dismissal and, in the case of such a direction, they shall make the grant, in accordance with the direction, as soon as may be after the giving by the Board of the direction.”.

Provisions as to making of appeals.

4.—(1) An appeal shall—

(a) be made in writing,

(b) state the name and address of the appellant,

(c) state the subject matter of the appeal,

(d) state in full the grounds of appeal and the reasons, considerations and arguments on which they are based, and

(e) be accompanied by such fee (if any) as may be payable in respect of such appeal in accordance with regulations under section 10 of the Act of 1982.

(2) (a) An appeal which does not comply with the requirements of subsection (1) shall be invalid.

(b) The requirement of subsection (1) (d) shall apply whether or not the appellant requests, or proposes to request, in accordance with section 12 , an oral hearing of the appeal.

(3) Without prejudice to section 9 , an appellant shall not be entitled to elaborate in writing upon, or make further submissions in writingin relation to, the grounds of appeal stated in the appeal or to submit further grounds of appeal and any such elaboration, submissions or further grounds of appeal that is or are received by the Board shall not be considered by it.

(4) (a) An appeal shall be accompanied by such documents, particulars or other information relating to the appeal as the appellant considers necessary or appropriate.

(b) Without prejudice to section 10 , the Board shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information which accompanied the appeal.

(5) An appeal shall be made—

(a) by sending the appeal by prepaid post to the Board, or

(b) by leaving the appeal with an employee of the Board at the offices of the Board during office hours, or

(c) by such other means as may be prescribed.

Availability of documents.

5.—(1) Where a planning authority give their decision in respect of a planning application after the commencement of this section, the documents concerned mentioned in section 6 shall be made available for inspection by members of the public during office hours at the offices of the authority for a period of one month beginning on the day of the giving of the decision or, if an appeal or appeals is or are taken against the decision, until as regards the appeal or, as may be appropriate, each of the appeals—

(a) it is withdrawn, or

(b) it is determined by the Board or dismissed by it pursuant to section 11 or 14 , or

(c) in relation to it a direction is given to the authority by the Board pursuant to section 15 .

(2) The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of documents relating to planning applications, including requirements in relation to such availability before the commencement, or after the expiration, of the period mentioned in subsection (1).

(3) In this section “planning application” includes—

(a) an application for a permission under section 27 of the Principal Act for retention of a structure, and

(b) an application for an approval that is required to be obtained under a condition subject to which a permission or an approval is granted under the Acts.

Submission of documents, etc. to Board by planning authorities.

6.—Where an appeal is made to the Board the planning authority concerned shall, within a period of fourteen days beginning on the day on which a copy of the appeal is sent to them by the Board, submit to the Board—

(a) a copy of the planning application concerned and of any drawings, maps, particulars, evidence, environmental impact statement, other written study or further information received or obtained by them from the applicant in accordance with regulations under the Acts,

(b) a copy of any report prepared by or for the planning authority in relation to the planning application, and

(c) a copy of the decision of the planning authority in respect of the planning application and a copy of the notification of the decision given to the applicant.

Submissions or observations by other parties.

7.—(1) The Board shall, as soon as may be after receipt of an appeal, give a copy thereof to each other party.

(2) (a) Each other party may make submissions or observations in writing to the Board in relation to the appeal within a period of one month beginning on the day on which a copy of the appeal is sent to that party by the Board.

(b) Any submissions or observations received by the Board after the expiration of the period mentioned in paragraph (a) shall not be considered by the Board.

(3) Where no submissions or observations have been received from a party within the period mentioned in subsection (2), the Board may without further notice to that party determine the appeal.

(4) Without prejudice to section 9 , a party shall not be entitled to elaborate in writing upon any submissions or observations made in accordance with subsection (2) or make any further submissions or observations in writing in relation to the appeal and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

Submissions or observations by persons other than parties.

8.—(1) (a) Any person other than a party may make submissions or observations in writing to the Board in relation to an appeal.

(b) Without prejudice to subsection (3), submissions or observations as aforesaid may be made within the period mentioned in subsection (2) and any submissions or observations received by the Board after the expiration of that period shall not be considered by the Board.

(2) The period referred to in subsection (1) (b) is—

(a) where notice of receipt of an environmental impact statement is published in accordance with regulations under section 18 , the period of one month beginning on the day of publication of the notice, or

(b) in any other case, the period of one month beginning on the day of receipt of the appeal by the Board or, where there is more than one appeal against the decision of the planning authority, on the day on which the Board last receives an appeal.

(3) The provisions of subsection (1) (b) shall not apply to submissions or observations made by a Member State of the EuropeanCommunities (within the meaning of the European Communities Act, 1972 ) arising from consultation in accordance with the Council Directive in relation to the effects on the environment of the development to which the appeal relates.

(4) Without prejudice to section 9 , a person who makes submissions or observations to the Board in accordance with this section shall not be entitled to elaborate in writing upon the submissions or observations or make further submissions or observations in writing in relation to the appeal and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

Power of Board to request submissions or observations.

9.—Where the Board is of opinion that, in the particular circumstances of an appeal, it is appropriate in the interests of justice to request any party or any person who has made submissions or observations to the Board in relation to the appeal to make submissions or observations in relation to any matter which has arisen in relation to the appeal, the Board may, in its discretion, notwithstanding section 4 (3), 7 (4), 8 (4) or 13 (3) (b), serve on any such person a notice under this section—

(a) requesting that person, within a period specified in the notice (not being less than fourteen or more than twenty eight days beginning on the date of service of the notice) to submit to the Board submissions or observations in relation to the matter in question, and

(b) stating that, if submissions or observations are not received before the expiration of the period specified in the notice, the Board will, after the expiration of that period and without further notice to the person, pursuant to section 11 determine the appeal.

Power of Board to require submission of documents, etc.

10.—(1) Where the Board is of opinion that any document, particulars or other information is or are necessary for the purpose of enabling it to determine an appeal, the Board may serve on any party, or on any person who has made submissions or observations to the Board in relation to the appeal, a notice under this section—

(a) requiring that person, within a period specified in the notice (being a period of not less than fourteen days beginning on the date of service of the notice) to submit to the Board such document, particulars or other information (which document, particulars or other information shall be specified in the notice), and

(b) stating that, in default of compliance with the requirements of the notice, the Board will, after the expiration of the period so specified and without further notice to the person, pursuant to section 11 dismiss or otherwise determine the appeal.

(2) Nothing in this section shall be construed as affecting any power conferred on the Board by or under any other enactment.

Powers of Board where notice served Under section 9 or 10 .

11.—Where a notice has been served under section 9 or 10 , the Board, at any time after the expiration of the period specified in the notice, may, having considered any submissions or observations or document, particulars or other information (as the case may be)submitted by the person on whom the notice has been served, without further notice to that person determine or, in the case of a notice served under section 10 , dismiss the appeal.

Oral hearings.

12.—(1) The Board shall have an absolute discretion to hold an oral hearing of any appeal.

(2) (a) A party to an appeal may request an oral hearing of the appeal.

(b) (i) A request for an oral hearing of an appeal shall be made in writing to the Board and shall be accompanied by such fee (if any) as may be payable in respect of such request in accordance with regulations under section 10 of the Act of 1982.

(ii) A request for an oral hearing of an appeal which is not accompanied by such fee (if any) as may be payable in respect of such request shall not be considered by the Board.

(c) A request by an appellant for an oral hearing of an appeal shall be made within the appropriate period mentioned in section 26 (5) of the Principal Act and any request received by the Board after the expiration of that period shall not be considered by the Board.

(d) A request by a party to an appeal other than the appellant for an oral hearing of an appeal shall be made within the period mentioned in section 7 (2) (a) within which that party may make submissions or observations to the Board in relation to the appeal, and any such request received by the Board after the expiration of that period shall not be considered by the Board.

(3) Where the Board is requested to hold an oral hearing of an appeal and decides to determine the appeal without an oral hearing, the Board shall serve notice of its decision on the person who requested the hearing and on each other party to the appeal.

Matters other than those raised by parties or other persons may be taken into account in determining appeals.

13.—(1) The Board in determining an appeal may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in relation to the appeal if the matters are matters to which, by virtue of section 26 (5) of the Principal Act, the Board may have regard.

(2) The Board shall give notice in writing to each of the parties and to each of the persons who have made submissions or observations in relation to the appeal of the matters that it proposes to take into account under subsection (1) and shall indicate in that notice:

(a) in a case where the Board proposes to hold an oral hearing of the appeal, or where an oral hearing of the appeal has been concluded and the Board considers it expedient to re-open the hearing, that submissions in relation to the said matters may be made to the person conducting the hearing, or

(b) in a case where the Board does not propose to hold an oral hearing of the appeal, or where an oral hearing of theappeal has been concluded and the Board does not consider it expedient to re-open the hearing, that submissions or observations in relation to the said matters may be made to the Board in writing within a period specified in the notice (being a period of not less than fourteen or more than twenty eight days beginning on the date of service of the notice).

(3) (a) Submissions or observations as aforesaid that are received by the Board after the expiration of the period mentioned in subsection (2) (b) shall not be considered by the Board.

(b) Without prejudice to section 9 , where a party or a person referred to in subsection (1) makes submissions or observations to the Board in accordance with subsection (2) (b), that party or person shall not be entitled to elaborate in writing upon those submissions or observations or make further submissions or observations in writing in relation to the matters referred to in subsection (1) and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

Board may dismiss appeals if vexatious, etc.

14.—(1) Subject to subsection (2), the Board shall in the following circumstances have an absolute discretion to dismiss an appeal—

(a) where, having considered the grounds of appeal, the Board is of opinion that the appeal is vexatious, frivolous or without substance or foundation, or

(b) where, having regard to—

(i) the nature of the appeal (including any question which in the Board's opinion is raised by the appeal), and

(ii) any previous permission or approval which in its opinion is relevant,

the Board is satisfied that in the particular circumstances the appeal should not be further considered by it.

(2) The exercise by the Board of the power conferred on it by subsection (1) shall be subject to the restriction imposed on the Board by section 26 (5) of the Principal Act.

Appeals against conditions.

15.—(1) Where—

(a) an appeal is brought from a decision of a planning authority to grant a permission or approval, and

(b) the appeal relates only to a condition or conditions that the said decision provides that the permission or approval shall be subject to, and

(c) the Board is satisfied, having regard to the nature of the condition or conditions, that the determination by the Board of the relevant application as if it had been made to it in the first instance would not be warranted,

then, subject to compliance by the Board with subsection (2), the Board may, in its absolute discretion, give to the relevant planning authority such directions as it considers appropriate relating to theattachment, amendment or removal by that authority either of the condition or conditions to which the appeal relates or of other conditions.

(2) In exercising the power conferred on it by subsection (1), apart from considering the condition or conditions to which the relevant appeal relates, the Board shall be restricted to considering—

(a) the matters which by virtue of section 26 (5) of the Principal Act the Board would be restricted to considering were it determining the relevant application as if it had been made to it in the first instance, and

(b) the terms of any previous permission or approval considered by the Board to be relevant.

Power of Board to declare appeals and applications withdrawn.

16.—(1) Where the Board is of opinion that an appeal, or a planning application to which an appeal relates, has been abandoned, the Board may serve on the person who made the appeal or application, as may be appropriate, a notice stating that fact and requiring that person, within a period specified in the notice (being a period of not less than fourteen or more than twenty eight days beginning on the date of service of the notice) to make to the Board a submission in writing as to why the appeal or application, as the case may be, should not be regarded as having been withdrawn.

(2) Where a notice has been served under subsection (1) the Board may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Board pursuant to the notice, declare—

(a) in case the notice refers to a planning application, that the application shall be regarded as having been withdrawn, and

(b) in case the notice refers to an appeal, that the appeal shall be regarded as having been withdrawn.

(3) Where pursuant to this section the Board declares that a planning application is to be regarded as having been withdrawn, the following provisions shall apply as regards the application:

(a) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board, and

(b) notwithstanding any previous decision under section 26 of the Principal Act by a planning authority as regards the application, no permission or approval shall be granted under that section by the authority on foot of the application.

Time for appeals, etc.

17.—(1) (a) Subject to paragraph (b), the provisions of section 26 (5) of the Principal Act authorising appeals to be made before the expiration of the appropriate period within the meaning of that subsection shall be construed as including a provision that an appeal received by the Board after the expiration of the appropriate period shall be invalid as not having been made in time.

(b) Where the last day of the appropriate period within the meaning of the said section 26 (5) is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, an appeal shall, notwithstanding paragraph (a), be valid as having been made in time if received by the Board on the next following day on which the offices of the Board are open.

(2) Where a requirement of or under this Act requires submissions, observations or a request to be made, or documents, particulars or other information to be submitted, to the Board within a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, the submissions, observations or request, or documents, particulars or other information (as the case may be) shall be regarded as having been received before the expiration of that period if received by the Board on the next following day on which the offices of the Board are open.

Regulations.

18.—(1) The Minister may by regulations—

(a) provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of appeals as appear to the Minister to be necessary or expedient,

(b) make such provision as regards procedure in respect of other matters with which the Board is concerned as appear to the Minister to be necessary or expedient, including provision for the application of one or more of the provisions of this Act (with or without modifications or adaptations) to such matters.

(2) In particular, and without prejudice to the generality of subsection (1), regulations under this section may—

(a) provide for any oral hearing by the Board being conducted by a person appointed for that purpose by the Board,

(b) for the purposes of the Council Directive, enable the Board—

(i) when considering an appeal to require the submission to the Board by the applicant of an environmental impact statement in respect of the development to which the appeal relates,

(ii) to determine the adequacy for the purposes of its determination of an appeal of the information contained in an environmental impact statement (whether submitted at the instance of the Board or otherwise),

(iii) to require the submission to the Board by the applicant of such additional information in relation to the effects on the environment of the development to which the appeal relates as the Board considers necessary or appropriate, and

(c) enable the Board where it is determining an appeal under section 26 (5) or 27 (4) of the Principal Act to invite an applicant and enable an applicant so invited to submit to the Board revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the appeal relates.

(3) Where plans, drawings or particulars mentioned in subsection (2) (c) are submitted to the Board in accordance with regulations under this section, the Board may in determining the appeal grant a permission or an approval for the relevant development as modified by all or any of such plans, drawings or particulars.

Amendment of Principal Act and Act of 1976.

19.—(1) (a) Section 31 (1) of the Principal Act is hereby amended by the addition of the following paragraph after paragraph(b):

“(c) A notice referred to in paragraph (b) of this subsection shall not be served after—

(i) if the permission to which the condition is attached is a permission other than of the kind referred to in subparagraph (ii) of this paragraph, the date of the expiration, as respects the permission, of the appropriate period (within the meaning of section 2 of the Local Government (Planning and Development) Act, 1982 ) or, as the case may be, of the said period as extended under section 4 of the said Act,

(ii) if the permission to which the condition is attached is a permission for the retention on land of any structure, the expiration of a period of five years beginning on the day of the grant of the permission.”.

(b) Section 32 (1) of the Principal Act is hereby amended by the addition of the following paragraph after paragraph (b):

“(c) A notice referred to in paragraph (b) of this subsection shall not be served after the expiration of a period of five years beginning on the day of the grant of the permission referred to in paragraph (a) of this subsection.”.

(c) This subsection shall have effect as respects a condition referred to in section 31 or 32 of the Principal Act which is not complied with before or after the commencement of this subsection.

(2) (a) Section 35 of the Principal Act is hereby amended by the addition of the following subsection after subsection (9):

“(10) An enforcement notice shall not be served in relation to any development authorised by a permission granted under this Part of this Act which has been commenced but has not been carried out in conformity with such permission after the expiration of a period of five years beginning on the expiration, as respects such permission, of the appropriate period (within the meaning of section 2 of the Local Government (Planning and Development) Act, 1982 ) or, as the case may be, of thesaid period as extended under section 4 of the said Act.”.

(b) This subsection shall have effect as respects development referred to in the subsection inserted in section 35 of the Principal Act by paragraph (a) which is carried out before or after the commencement of this subsection.

(3) Section 82 of the Principal Act is hereby amended by the substitution for subsection (3A) (inserted by the Act of 1976) of the following subsections:

“(3A) A person shall not question the validity of—

(a) a decision of a planning authority on an application for a permission or approval under Part IV of this Act, or

(b) a decision of the Board on any appeal or on any reference,

otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (hereafter in this section referred to as ‘the Order’).

(3B) (a) An application for leave to apply for judicial review under the Order in respect of a decision referred to in subsection (3A) of this section shall—

(i) be made within the period of two months commencing on the date on which the decision is given, and

(ii) be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to—

(I) if the application relates to a decision referred to in subsection (3A) (a) of this section, the planning authority concerned and, where the applicant for leave is not the applicant for the permission or approval under Part IV of this Act, the applicant for such permission or approval,

(II) if the application relates to a decision referred to in subsection (3A) (b) of this section, the Board and each party or each other party, as the case may be, to the appeal or reference,

(III) any other person specified for that purpose by order of the High Court,

and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed.

(b) (i) The determination of the High Court of an application for leave to apply for judicial review as aforesaid or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case save with the leave of the High Court which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

(ii) This paragraph shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(c) References in subsection (3A) of this section and this subsection to the Order shall be construed as including references to the Order as amended or reenacted (with or without modification) by rules of court.

(d) The reference in paragraph (a) (ii) (II) of this subsection to a party to an appeal or reference shall be construed—

(i) in the case of an appeal within the meaning of the Local Government (Planning and Development) Act, 1992, in accordance with that Act,

(ii) in the case of an appeal (other than an appeal as aforesaid) or reference, in accordance with Article 35 of the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 ), or any regulations under section 18 of the Local Government (Planning and Development) Act, 1992, re-enacting, with or without modification, that Article.”.

(4) The Act of 1976 is hereby amended—

(a) by the deletion in section 19 (1) of “Subject to subsection (2) of this section,”;

(b) by the deletion in section 24 (2) of “26,”;

(c) by the insertion in paragraph (b) of section 26 (1) after “being”, of “or is likely to be”;

(d) by the substitution of the following paragraph for paragraph (b) of section 26 (2):

“(b) in relation to any unauthorised use being or likely to be made of land, require that the unauthorised use shall be discontinued forthwith or shall not be commenced, as the case may be,”;

(e) (i) by the insertion after subsection (3) of section 26 of the following subsection:

“(3A) A warning notice in relation to any unauthorised use of land shall not be served after the expiration of a period of five years beginning on the day on which such unauthorised use first commenced.”.

(ii) This paragraph shall have effect as respects an unauthorised use of land commenced before or after the commencement of this paragraph;

(f) by the substitution of the following subparagraph for sub-paragraph (ii) of section 26 (4) (b):

“(ii) the commencement or continuance by another of a use required by a warning notice not to be commenced or to be discontinued, or”; and

(g) by the substitution of the following section for section 27:

“High Court or Circuit Court may prohibit unauthorised development or use of land.

27.—(1) Where—

(a) development of land, being development for which a permission is required under Part IV of the Principal Act, has been carried out, or is being carried out, without such permission, or

(b) an unauthorised use is being made of land,

the High Court or the Circuit Court may, on the application of a planning authority or any other person, whether or not the person has an interest in the land, by order require any person to do or not to do, or to cease to do, as the case may be, anything that the Court considers necessary and specifies in the order to ensure, as appropriate—

(i) that the development or unauthorised use is not continued,

(ii) in so far as is practicable, that the land is restored to its condition prior to the commencement of the development or unauthorised use.

(2) Where any development authorised by a permission granted under Part IV of the Principal Act has been commenced but has not been, or is not being, carried out in conformity with the permission because of non-compliance with the requirements of a condition attached to the permission or for any other reason, the High Court or the Circuit Court may, on the application of a planning authority or any other person, whether or not that person has an interest in the land, by order require any person to do or not to do, or to cease to do, as the case may be, anything that the Court considers necessary and specifies in the order to ensure that the development is carried out in conformity with the permission.

(3) An application to the High Court or the Circuit Court for an order under this section shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate. The order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(4) Rules of court may provide for an order under this section to be made against a person whose identity is unknown.

(5) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land the subject of the application is situated.

(6) (a) (i) Subsection (1) (a) of this section shall not apply to development of land carried out before the appropriate day.

(ii) An application to the High Court or the Circuit Court for an order under this section in relation to development to which subsection (1) (a) of this section applies shall not be made after the expiration of a period of five years beginning on the day on which the development was substantially completed.

(b) An application to the High Court or the Circuit Court for an order under this section—

(i) in relation to an unauthorised use of land (whether commenced before or after the appropriate day) shall not be made after the expiration of a period of five years beginning on the day on which such use first commenced;

(ii) in relation to development to which subsection (2) of this section applies (whether carried out before or after the appropriate day) shall not be made after the expiration of a period of five years beginning on the expiration, as respects the permission authorising the development, of the appropriate period (within the meaning of section 2 of the Local Government (Planning and Development) Act, 1982 ) or, as the case may be, of the said period as extended under section 4 of the said Act.

(c) In this subsection ‘appropriate day’ means the day, as respects the paragraph in which the said expression occurs, on which paragraph (g) of section 19 (4) of the Local Government (Planning and Development) Act, 1992, comes into operation.”.

Alteration of certain penalties under the Acts.

20.—(1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of the Table to this section at any reference number (not being an offence referred to in the section as a further offence) shall, in lieu of the penalty so provided, be liable to the penalty specified in column (3) of the said Table at that reference number, and that section shall be construed and have effect accordingly.

(2) (a) A person convicted of an offence under subsection (9) of section 32 of the Act of 1976 shall, in lieu of so much of the penalty specified in that subsection as consists of a fine, be liable to a fine not exceeding £1,000, and the said subsection (9) shall be construed and have effect accordingly.

(b) A person convicted of an offence under subsection (10) of section 33 of the Act of 1976 shall, in lieu of so much of the penalty specified in that subsection as consists of a fine, be liable to a fine not exceeding £1,000, and the said subsection (10) shall be construed and have effect accordingly.

(3) A person who is guilty of an offence under section 24 (3) of the Principal Act or section 26 (4) of the Act of 1976 shall be liable on conviction on indictment to a fine not exceeding £1,000,000 or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment and if the contravention in respect of which he is convicted of an offence under either of the said provisions is continued after the conviction, he shall be guilty of a further offence on every day on which the contravention continues and for each such offence he shall be liable on conviction on indictment to a fine not exceeding £10,000, or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment:

Provided that if a person is convicted in the same proceedings of two or more such further offences the aggregate term of imprisonment to which he shall be liable shall not exceed two years.

(4) Subsection (4) of section 24 of the Principal Act or subsections (7) and (8) of section 26 of the Act of 1976 (as appropriate) shall apply to proceedings for a further offence referred to in subsection (3) as that subsection or those subsections applies or apply to proceedings for an offence under subsection (3) of the said section 24 or subsection (4) of the said section 26 (as appropriate).

(5) (a) So much of each section of the Principal Act specified in paragraph (b) that makes provision in relation to an offence referred to in the section as a further offence shall cease to have effect and, in lieu thereof, it is hereby provided that if the contravention in respect of which a person is convicted of an offence under an aforesaid section is continued after the conviction, that person shall be guilty of a further offence on every day on which the contravention continues and for each such offence he shall be liable on summary conviction to a fine not exceeding—

(i) if the section under which he is convicted of the first offence is a section referred to in paragraph (b) (i), £200, and

(ii) if the section under which he is convicted of the first offence is a section referred to in paragraph (b) (ii), £50.

(b) The sections of the Principal Act referred to in paragraph (a) are—

(i) sections 31 (8), 34, 35, 37 (7) and 49 (2) (b), and

(ii) sections 81 (3), 83 (7) and 89 (8).

(6) Section 49 (2) (c) of the Principal Act is hereby amended by the insertion after “under this subsection” of “or section 20 (5) of the Local Government (Planning and Development) Act, 1992,”.

(7) Section 9 (1) of the Act of 1982 is hereby amended—

(a) by the substitution for “ section 8 (3) of this Act, or an offence under section 8 (4) of this Act” of “ section 20 (3) of the Local Government (Planning and Development) Act, 1992, or an offence under the said section 20 (3) ”,

(b) by the substitution in paragraph (i) for “£800” of “£1,000”, and

(c) by the substitution for paragraph (ii) of the following paragraph:

“(ii) in case he is convicted of an offence under the said section 20 (3), to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment:

Provided that if a person is convicted in the same proceedings of two or more offences under the said section 20 (3) the aggregate term of imprisonment to which he shall be liable shall not exceed six months.”.

(8) Section 13 (2) of the Act of 1983 is hereby amended by the substitution for “£800” of “£1,000”.

(9) This section shall have effect as respects offences committed after the commencement of this section.

TABLE

Amendment ofAct of 1990.

21.—The Act of 1990 is hereby amended by the insertion in section 21 after “any decision of the authority” of “or the Board”.

Repeals and revocations.

22.—(1) The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) Paragraph (c) of Article 8 and Article 11 of the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), are hereby revoked.

Transitional provisions.

23.—(1) In the case of—

(a) an appeal that is received by the Board before the commencement of a provision of this Act, or

(b) any other matter with which the Board is concerned that is received by the Board before the commencement of regulations under section 18 ,

the following provisions shall apply—

(i) the provision concerned or the said regulations (as the case may be) shall not apply or have effect in relation to the said appeal or other matter, and

(ii) the provisions of the Local Government (Planning and Development) Acts, 1963 to 1991, and regulations made thereunder that were in force immediately before the commencement of the provision concerned or the said regulations (as the case may be) shall, notwithstanding section 22 , continue in force and have effect in relation to the said appeal or other matter.

(2) This section shall not prejudice the operation of section 2 (6).

Short title, collective citation, commencement and construction.

24.—(1) This Act may be cited as the Local Government (Planning and Development) Act, 1992.

(2) The Local Government (Planning and Development) Acts, 1963 to 1991, and this Act may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1992.

(3) (a) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

(b) Without prejudice to the generality of paragraph (a), an order under this subsection may fix different days for the coming into operation of paragraph (g) of section 19 (4) as respects different provisions of subsection (6) of the section inserted in the Act of 1976 by that paragraph.

(4) This Act and the Local Government (Planning and Development) Acts, 1963 to 1991, shall be construed together as one Act.

SCHEDULE

Enactments Repealed

Section 22 .