Local Government (Planning and Development) Act, 1999
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Transitional provisions. |
38.—(1) Where immediately before the commencement of this section a planning authority's development plan includes any provision to preserve or to protect, or to consider the preservation or protection of, a specific structure, or a part of a specific structure, because of its artistic, architectural or historic interest, that structure (including the items referred to in paragraphs (a) to (d) of the definition of “structure” in section 1 of this Act) or that part, as the case may be, shall, on the commencement of this section, be deemed to be included in the record of protected structures and shall be a protected structure within the meaning of this Act. | |
(2) As soon as practicable after the commencement of this section, and in any case not later than 4 months after the date of its commencement, the planning authority concerned shall serve on each person who is the owner or occupier of a structure, or part of a structure, which is deemed under subsection (1) to be included in the record of protected structures a notice— | ||
(a) stating that the structure or part is a protected structure and that the provisions of this Act apply, | ||
(b) supplying general information on the provisions of this Act which relate to protected structures and on any guidelines which have been issued under section 3 , and | ||
(c) specifying the time within which (not being less than one month) written objections may be made to the planning authority concerning the inclusion of the structure or part in the record of protected structures. | ||
(3) After considering any objections received by the planning authority under subsection (2) in relation to the protected structure and after having had regard to the guidelines, if any, issued under section 3 and the recommendations, if any, made under section 4 , the planning authority shall— | ||
(a) if, in its opinion, the structure or part is not of special architectural, historical archaeological, artistic, cultural, scientific, social or technical interest, decide that it is no longer deemed to be included in the record of protected structures and that it ceases to be a protected structure, and | ||
(b) if, in its opinion, the structure or part is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, decide that it continues to be deemed to be included in the record of protected structures and continues to be a protected structure. | ||
(4) Within 14 days of making a decision under subsection (3) in relation to a structure, the planning authority shall serve notice of its decision, including the reasons, on each owner and each occupier of the structure. | ||
(5) The making of a decision under subsection (3) shall be a reserved function. | ||
(6) Where before the commencement of this section a notice was served under section 21(1)(c) or 21A(4)(a) of the Principal Act, section 21 or 21A, as the case may be, of that Act shall continue to apply notwithstanding its amendment by this Act, save that, if the development plan, when made, includes provision to include a specific structure, or part of a specific structure, because of its artistic, architectural or historic interest— | ||
(a) that structure (including the items referred to in paragraphs (a) to (d) of the definition of “structure” in section 1 of this Act) or that part, as the case may be, shall be deemed to be included in the record of protected structures and shall be a protected structure within the meaning of this Act, | ||
(b) as soon as practicable after the development plan is made, the planning authority shall notify in accordance with subsection (2) of this section each person who is the owner or occupier of the protected structure, and | ||
(c) subsections (3) to (5) of this section shall apply. | ||
(7) Where it appears to a planning authority that, because of the number of requests made under section 8 (1), it would not be possible or appropriate for it to issue a declaration under that section within the period referred to in section 8 (3) in respect of a structure which has become a protected structure by virtue of this section, the planning authority shall— | ||
(a) serve on a person who makes a request under section 8 (1) in relation to that structure a notice informing that person of the reason why it would not be possible or appropriate to issue the declaration within that period, | ||
(b) specify in the notice the date before which the planning authority intends that the declaration shall be issued, and | ||
(c) take all such steps as are open to it to ensure that the declaration is issued before the date specified in the notice. |