(ii) the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site; (d) conditions for requiring provision of open spaces; (e) conditions for requiring the planting, maintenance and replacement of trees, shrubs or other plants or the landscaping of structures or other land; (f) conditions for requiring the satisfactory completion within a specified period, not being less than 2 years from the commencement of any works, of the proposed development (including any roads, open spaces, car parks, sewers, watermains or drains or other public facilities), where the development includes the construction of 2 or more houses; (g) conditions for requiring the giving of adequate security for satisfactory completion of the proposed development; (h) conditions for determining the sequence and timing in which and the time at which works shall be carried out; (i) conditions for the maintenance or management of the proposed development (including the establishment of a company or the appointment of a person or body of persons to carry out such maintenance or management); (j) conditions for the maintenance, until taken in charge by the local authority concerned, of roads, open spaces, car parks, sewers, watermains or drains and other public facilities or, where there is an agreement with the local authority in relation to such maintenance, conditions for maintenance in accordance with the agreement; (k) conditions for requiring the provision of such facilities for the collection or storage of recyclable materials for the purposes of the proposed development; (l) conditions for requiring construction and demolition waste to be recovered or disposed of in such a manner and to such extent as may be specified by the planning authority; (m) conditions for requiring the provision of roads, including traffic calming measures, open spaces, car parks, sewers, watermains or drains, facilities for the collection or storage of recyclable materials and other public facilities in excess of the immediate needs of the proposed development, subject to the local authority paying for the cost of the additional works and taking them in charge or otherwise entering into an agreement with the applicant with respect to the provision of those public facilities; (n) 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 re-instatement of land at the expiration of that period;
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(o) conditions in relation to appropriate naming and numbering of, and the provision of appropriate signage for, the proposed development; (p) conditions for requiring, in any case in which the development authorised by the permission would remove or alter any protected structure or any element of a protected structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest— (i) the preservation by a written and visual record (either measured architectural drawings or colour photographs and/or audio-visual aids as considered appropriate) of that structure or element before the development authorised by the permission takes place, and (ii) where appropriate, the architectural salvaging of any element, or the re-instatement of any element in a manner specified by the authority; (q) conditions for regulating the hours and days during which a business premises may operate.
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(5)The conditions under subsection (1) may provide that points of detail relating to a grant of permission may be agreed between the planning authority and the person to whom the permission is granted and that in default of agreement the matter is to be referred to the Board for determination.
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(6)(a) In a case in which the development concerned would contravene materially the development plan, a planning authority may, notwithstanding any other provision of this Act, decide to grant permission under this section, provided that the following requirements are complied with before the decision is made, namely— (i) notice in the prescribed form of the intention of the planning authority to consider deciding to grant the permission shall be published in at least one daily newspaper circulating in its area and the notice shall specifically state which objective of the development plan would be materially contravened by granting this permission, (ii) copies of the notice shall be given to the applicant and to any person who has submitted a submission or observation in writing in relation to the development to which the application relates, (iii) any submission or observation as regards the making of a decision to grant permission and which is received by the planning authority not later than 4 weeks after the first publication of the notice shall be duly considered by the authority, and (iv) a resolution shall be passed by the authority requiring that a decision to grant permission be made. (b) It shall be necessary for the passing of a resolution referred to in paragraph (a) that the number of the members of the planning authority voting in favour of the resolution is not less than three-quarters of the total number of the members of the planning authority or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and the requirement of this paragraph is in addition to and not in substitution for any other requirement applying in relation to such a resolution. (c) Where— (i) notice is given pursuant to section 4 of the City and County Management (Amendment) Act, 1955 , of intention to propose a resolution which, if passed, would require the manager to decide to grant permission under this section, and (ii) the manager is of the opinion that the development concerned would contravene materially the development plan, he or she shall, within one week of receiving the notice, make, by order, a declaration stating his or her opinion (a copy of which shall be furnished by him or her to each of the signatories of the notice) and thereupon the provisions of subparagraphs (i), (ii) and (iii) of paragraph (a) shall apply and have effect and shall operate to cause the notice to be of no further effect. (d) If a resolution referred to in subparagraph (iv) of paragraph (a) is duly passed, the manager shall decide to grant the relevant permission.
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(7)Notwithstanding section 4 of the City and County Management (Amendment) Act, 1955 — (a) the notice specified in subsection (2) of that section shall, in the case of a resolution under that section relating to a decision of a planning authority under this section or section 42 , be signed— (i) if the land concerned is situated in a single local electoral area, by not less than three-quarters of the total number of the members who stand elected to the authority for that area, or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and (ii) if the land concerned is situated in more than one local electoral area, by not less than three-quarters, as respects each such area, of the total number of the members of the authority who stand elected for that area, or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and (b) it shall be necessary for the passing of a resolution under that section relating to a decision referred to in paragraph (a) that the number of the members voting in favour of the resolution is not less than three-quarters of the total number of members of the authority, or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient.
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(8)(a) Subject to paragraphs (b), (c), (d) and (e), where— (i) an application is made to a planning authority in accordance with the permission regulations for permission under this section, and (ii) any requirements of those regulations relating to the application are complied with, a planning authority shall make its decision on the application within the period of 8 weeks beginning on the date of receipt by the planning authority of the application. (b) Where a planning authority, within 8 weeks of the receipt of a planning application, serves notice in accordance with the permission regulations requiring the applicant to give to the authority further information or to produce evidence in respect of the application, the authority shall make its decision on the application within 4 weeks of the notice being complied with, provided that the total period is not less than 8 weeks. (c) Where, in the case of an application accompanied by an environmental impact statement, a planning authority serves a notice referred to in paragraph (b), the authority shall make its decision within 8 weeks of the notice being complied with. (d) Where a notice referred to in subsection (6) is published in relation to the application, the authority shall make its decision within the period of 8 weeks beginning on the day on which the notice is first published. (e) Where, in the case of an application for permission for development that— (i) would be likely to increase the risk of a major accident, or (ii) is of such a nature as to be likely, if a major accident were to occur, and, having regard to all the circumstances, to cause there to be serious consequences, a planning authority consults, in accordance with the permission regulations, with a prescribed authority for the purpose of obtaining technical advice regarding such risk or consequences, the authority shall make a decision in relation to the application within 4 weeks beginning on the day on which the technical advice is received. (f) Where a planning authority fails to make a decision within the period specified in paragraph (a), (b), (c), (d) or (e), a decision by the planning authority to grant the permission shall be regarded as having been given on the last day of that period.
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(9)Where, within the period of 8 weeks beginning on the date of receipt by the planning authority of the application, the applicant for a permission under this section gives to the planning authority in writing his or her consent to the extension of the period for making a decision under subsection (8), the period for making the decision shall be extended for the period consented to by the applicant.
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(10)(a) A decision given under this section or section 37 and the notification of the decision shall state the main reasons and considerations on which the decision is based, and where conditions are imposed in relation to the grant of any permission the decision shall state the main reasons for the imposition of any such conditions, provided that where a condition imposed is a condition described in subsection (4), a reference to the paragraph of subsection (4) in which the condition is described shall be sufficient to meet the requirements of this subsection. (b) Where a decision by a planning authority under this section or by the Board under section 37 to grant or to refuse permission is different, in relation to the granting or refusal of permission, from the recommendation in— (i) the reports on a planning application to the manager (or such other person delegated to make the decision) in the case of a planning authority, or (ii) a report of a person assigned to report on an appeal on behalf of the Board, a statement under paragraph (a) shall indicate the main reasons for not accepting the recommendation in the report or reports to grant or refuse permission.
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(11)(a) Where the planning authority decides under this section to grant a permission— (i) in case no appeal is taken against the decision, it shall make the grant as soon as may be after the expiration of the period for the taking of an appeal, (ii) in case an appeal or appeals is or are taken against the decision, it 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 133 or 138 , or (III) in relation to it a direction is given to the authority by the Board pursuant to section 139 , and, in the case of the withdrawal or dismissal of an appeal or of all such appeals, as may be appropriate, it shall make the grant as soon as may be after such withdrawal or dismissal and, in the case of such a direction, it shall make the grant, in accordance with the direction, as soon as may be after the giving by the Board of the direction. (b) Where the Board decides on appeal under section 37 to grant a permission, it shall make the grant as soon as may be after the decision.
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(12)An application for development of land in accordance with the permission regulations may be made for the retention of unauthorised development and this section shall apply to such an application, subject to any necessary modifications.
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(13)A person shall not be entitled solely by reason of a permission under this section to carry out any development.
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Refusal of planning permission for past failures to comply.
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35.—(1) Where, having regard to— (a) any information furnished pursuant to regulations made under section 33
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(2)(l), or (b) any information available to the planning authority concerning development carried out by a person to whom this section applies, pursuant to a permission (in this subsection and subsection (2) referred to as a “previous permission”) granted to the applicant or to any other person under this Part or Part IV of the Act of 1963, the planning authority is satisfied that a person or company to whom this section applies is not in compliance with the previous permission, or with a condition to which the previous permission is subject, the authority may form the opinion— (i) that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with such permission if granted or with a condition to which such permission if granted would be subject, and (ii) that planning permission should not be granted to the applicant concerned in respect of that development.
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(2)In forming its opinion under subsection (1), the planning authority shall only consider those failures to comply with any previous permission, or with any condition to which that permission is subject, that are of a substantial nature.
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(3)An opinion under this subsection shall not be a decision on an application for permission for the purposes of this Part.
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(4)Where the planning authority has formed an opinion under subsection (1), the planning authority shall apply, by motion on notice to the person to whom the opinion concerned relates, to the High Court for an authorisation to refuse permission and the High Court, on hearing the application— (a) may grant an authorisation to the authority to refuse permission for that reason, or (b) may refuse to grant an authorisation to the authority to refuse permission and shall remit the application to the authority for decision, or (c) may give such other directions to the authority as the Court considers appropriate.
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(5)(a) Subsection (8)(a) in section 34 shall not apply where an application to the High Court under subsection (4) is made within the period of 8 weeks from the date of the making of an application for permission under this section. (b) Where, under subsection (4)(b), a matter is remitted to the planning authority, a decision on the permission shall be made within the period of 8 weeks from the date of the decision of the High Court, and subsection (8)(b) in section 34 shall be construed and have effect in accordance with this subsection.
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(6)Where an authority is granted an authorisation by the Court under subsection (4)(a) to refuse a permission, no appeal shall lie to the Board from that refusal.
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(7)In this section, “a person to whom this section applies” means— (a) the applicant for the permission concerned, (b) a partnership of which the applicant is or was a member and which, during the membership of that applicant, carried out a development referred to in subsection (1)(b), (c) in the case where the applicant for permission is a company— (i) the company concerned is related to a company (within the meaning of section 140
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(5)of the Companies Act, 1990 ) which carried out a development referred to in subsection (1)(b), or (ii) the company concerned is under the same control as a company which carried out a development referred to in subsection (1)(b), where “control” has the same meaning as in section 26(3) of the Companies Act, 1990 , or (d) a company which carried out a development referred to in subsection (1)(b), which company is controlled by the applicant— (i) where “control” has the same meaning as in section 26
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(3)of the Companies Act, 1990 , or (ii) as a shadow director within the meaning of section 27
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(1)of the Companies Act, 1990 .
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Outline permission.
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36.—(1) An application under section 34 may be made to a planning authority in accordance with the permission regulations for outline permission for the development of land.
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(2)Where outline permission is granted under section 34 , that permission shall not operate to authorise the carrying out of any development to which the outline permission relates until a subsequent permission has been granted under that section.
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(3)(a) Where outline permission has been granted by a planning authority, any subsequent application for permission must be made not later than 3 years beginning on the date of the grant of outline permission, or such longer period, not exceeding 5 years, as may be specified by the planning authority. (b) The outline permission shall cease to have effect at the end of the period referred to in paragraph (a) unless the subsequent application for permission is made within that period. (c) Sections 40, 41 and 42 shall not apply to the grant of an outline permission.
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(4)Where an application for permission is made to a planning authority consequent on the grant of outline permission, the planning authority shall not refuse to grant permission on the basis of any matter which had been decided in the grant of outline permission, provided that the authority is satisfied that the proposed development is within the terms of the outline permission.
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(5)No appeal may be brought to the Board under section 37 against a decision of a planning authority to grant permission consequent on the grant of outline permission in respect of any aspect of the proposed development which was decided in the grant of outline permission.
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(6)In this section, “outline permission” means permission granted in principle under section 34 for the development of land subject to a subsequent detailed application for permission under that section.
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Appeal to Board.
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37.—(1) (a) An applicant for permission and any person who made submissions or observations in writing in relation to the planning application to the planning authority in accordance with the permission regulations and on payment of the appropriate fee, may, at any time before the expiration of the appropriate period, appeal to the Board against a decision of a planning authority under section 34 . (b) Subject to paragraphs (c) and (d), where an appeal is brought against 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 subsections (1), (2), (3) and (4) of section 34 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 that section of an application by a planning authority. (c) Paragraph (b) shall be construed and have effect subject to sections 133, 138 and 139. (d) In paragraph (a) and subsection (6), “the appropriate period” means the period of four weeks beginning on the day of the decision of the planning authority.
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(2)(a) Subject to paragraph (b), the Board may in determining an appeal under this section decide to grant a permission even if the proposed development contravenes materially the development plan relating to the area of the planning authority to whose decision the appeal relates. (b) Where a planning authority has decided to refuse permission on the grounds that a proposed development materially contravenes the development plan, the Board may only grant permission in accordance with paragraph (a) where it considers that— (i) the proposed development is of strategic or national importance, (ii) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned, or (iii) permission for the proposed development should be granted having regard to regional planning guidelines for the area, guidelines under section 28 , policy directives under section 29 , the statutory obligations of any local authority in the area, and any relevant policy of the Government, the Minister or any Minister of the Government, or (iv) permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the making of the development plan. (c) Where the Board grants a permission in accordance with paragraph (b), the Board shall, in addition to the requirements of section 34
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(10), indicate in its decision the main reasons and considerations for contravening materially the development plan.
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(3)Subject to section 141
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(2), the provisions of subsection (1) 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.
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(4)(a) Notwithstanding subsection (1), where in accordance with the permission regulations any prescribed body is entitled to be given notice of any planning application, that body shall be entitled to appeal to the Board before the expiration of the appropriate period within the meaning of that subsection where the body had not been sent notice in accordance with the regulations. (b) The Board may dismiss any appeal made under paragraph (a) where it considers the body concerned was not entitled to be sent notice of the planning application in accordance with the permission regulations.
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(5)(a) No application for permission for the same development or for development of the same description as an application for permission for development which is the subject of an appeal to the Board under this section shall be made before— (i) the Board has made its decision on the appeal, (ii) the appeal is withdrawn, or (iii) the appeal is dismissed by the Board pursuant to section 133 or 138 . (b) Where an application for permission referred to in paragraph (a) is made to a planning authority, the planning authority shall notify the applicant that the application cannot be considered by the planning authority and return the application and any other information submitted with the application in accordance with the permission regulations, and any fee paid. (c) A dispute as to whether an application for permission is for the same development or is for development of the same description as an application for permission which is the subject of an appeal to the Board may be referred to the Board for determination.
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(6)(a) Notwithstanding subsection (1)(a), a person who has an interest in land adjoining land in respect of which permission has been granted may, within the appropriate period and on payment of the appropriate fee, apply to the Board for leave to appeal against a decision of the planning authority under section 34 . (b) An application under paragraph (a) shall state the name and address of the person making the application, the grounds upon which the application is made, and a description of the person's interest in the land. (c) The Board shall, within one week from the receipt of an application under paragraph (a), require, by notice in writing, the planning authority concerned to submit to the Board copies of the materials referred to in subparagraph (i) of section 128 (a), the report referred to in subparagraph (ii) of that section, and the decision and notification referred to in subparagraph (iii) of that section and the planning authority shall comply with such requirement within one week from the date of receiving the notice. (d) The Board, or any member or employee of the Board duly authorised by the Board in that behalf, shall, where an applicant under this subsection shows that— (i) the development for which permission has been granted will differ materially from the development as set out in the application for permission by reason of conditions imposed by the planning authority to which the grant is subject, and (ii) that the imposition of such conditions will materially affect the applicant's enjoyment of the land or reduce the value of the land, within 4 weeks from the receipt of the application grant the applicant leave to appeal against the decision of the planning authority under subsection (1). (e) The Board shall notify in writing the applicant and the planning authority of a decision to grant or refuse an application under this subsection within 3 days from its making. (f) A person to whom leave to appeal has been granted under this subsection shall bring the appeal within 2 weeks from the receipt of the notification under paragraph (e). (g) Notwithstanding section 34
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(11)(a)(i), where an application is made under this subsection a planning authority shall not make a grant of permission unless the application is refused. (h) Where leave to appeal is granted under this subsection, subsection (2) of section 126 shall apply subject to the modification that the reference therein to 18 weeks shall be construed as a reference to 14 weeks. (i) Where leave to appeal is granted under this section, a planning authority that has complied with paragraph (c) shall, in respect of the appeal, be deemed to have complied with the requirements of section 128 .
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Availability of documents relating to planning applications.
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38.—(1) Where a planning authority gives its decision in respect of a planning application the following documents shall be made available within 3 working days for inspection and purchase by members of the public during office hours at the offices of the authority: (a) a copy of the planning application and of any particulars, evidence, environmental impact statement, other written study or further information received or obtained by the authority from the applicant in accordance with regulations under this Act; (b) a copy of any submissions or observations in relation to the planning application which have been received by the authority; (c) a copy of any report prepared by or for the authority in relation to the planning application; (d) a copy of the decision of the authority in respect of the planning application and a copy of the notification of the decision given to the applicant; and (e) a copy of any documents relating to a contribution or other matter referred to in section 34
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(5).
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(2)Without prejudice to the Freedom of Information Act, 1997 , and the European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998 ( S.I. No. 125 of 1998 ), and any regulations amending those regulations, the documents referred to under subsection (1) shall be available for inspection for a period of not less than 7 years after the making of the decision by the authority.
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(3)Any document referred to in paragraphs (a) and (b) of subsection (1) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public at the office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application.
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(4)Copies of documents under this section shall be available for purchase on payment of a specified fee not exceeding the reasonable cost of making such a copy.
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(5)At the end of the period for the availability of documents referred to in subsection (2), a planning authority shall retain at least one original copy of each of those documents in a local archive in accordance with section 65 of the Local Government Act, 1994 .
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(6)The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of documents relating to planning applications.
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(7)This section shall apply in respect of any application made to a planning authority after the commencement of this section.
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Supplemental provisions as to grant of permission.
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39.—(1) Where permission to develop land or for the retention of development is granted under this Part, then, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land and of all persons for the time being interested therein.
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(2)Where permission is granted under this Part for a structure, the grant of permission may specify the purposes for which the structure may or may not be used, and in case the grant specifies use as a dwelling as a purpose for which the structure may be used, the permission may also be granted subject to a condition specifying that the use as a dwelling shall be restricted to use by persons of a particular class or description and that provision to that effect shall be embodied in an agreement under section 47 .
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(3)(a) Where permission to develop land is granted under this Part for a limited period only, nothing in this Part 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 this Part.
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(4)Notwithstanding anything in this Part, permission shall not be required under this Part, in the case of land which, on 1 October, 1964, was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for any other purpose, for the use of the land for that other purpose on similar occasions after 1 October, 1964.
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Limit of duration of permission.
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40.—(1) Subject to subsection (2), a permission granted under this Part, shall on the expiration of the appropriate period (but without prejudice to the validity of anything done pursuant thereto prior to the expiration of that period) cease to have effect as regards— (a) in case the development to which the permission relates is not commenced during that period, the entire development, and (b) in case the development is commenced during that period, so much of the development as is not completed within that period.
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(2)(a) Subsection (1) shall not apply— (i) to any permission for the retention on land of any structure, (ii) to any permission granted either for a limited period only or subject to a condition which is of a kind described in section 34
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(4)(n), (iii) in the case of a house, shop, office or other building which itself has been completed, in relation to the provision of any structure or works included in the relevant permission and which are either necessary for or ancillary or incidental to the use of the building in accordance with that permission, or (iv) in the case of a development comprising a number of buildings of which only some have been completed, in relation to the provision of roads, services and open spaces included in the relevant permission and which are necessary for or ancillary or incidental to the completed buildings. (b) Subsection (1) shall not affect— (i) the continuance of any use, in accordance with a permission, of land, (ii) where a development has been completed (whether to an extent described in paragraph (a) or otherwise), the obligation of any person to comply with any condition attached to the relevant permission whereby something is required either to be done or not to be done.
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(3)In this section and in section 42 , “the appropriate period” means— (a) in case in relation to the permission a period is specified pursuant to section 41 , that period, and (b) in any other case, the period of five years beginning on the date of the grant of permission.
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Power to vary appropriate period.
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41.—Without prejudice to the powers conferred on them by this Part to grant a permission to develop land for a limited period only, in deciding to grant a permission under sections 34 and 37, a planning authority or the Board, as may be appropriate, may, having regard to the nature and extent of the relevant development and any other material consideration, specify the period, being a period of more than 5 years, during which the permission is to have effect, and in case the planning authority exercises, or refuses to exercise, the power conferred on it by this section, the exercise or refusal shall be regarded as forming part of the relevant decision of the authority or the Board under sections 34 and 37 .
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Power to extend appropriate period.
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42.—(1) On application a planning authority shall, as regards a particular permission, extend the appropriate period, by such additional period as the authority considers requisite to enable the development to which the permission relates to be completed, if each of the following requirements is complied with— (a) the application is in accordance with such regulations under this Act as apply to it; (b) any requirements of, or made under, those regulations are complied with as regards the application; (c) the authority is satisfied in relation to the permission that— (i) the development to which the permission relates commenced before the expiration of the appropriate period sought to be extended, (ii) substantial works were carried out pursuant to the permission during that period, and (iii) the development will be completed within a reasonable time; (d) the application is made prior to the end of the appropriate period.
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(2)Where— (a) an application is duly made under this section to a planning authority, (b) any requirements of, or made under, regulations under section 43 are complied with as regards the application, and (c) the planning authority does not give notice to the applicant of its decision as regards the application within the period of 8 weeks beginning on— (i) in case all of the requirements referred to in paragraph (b) are complied with on or before the day of receipt by the planning authority of the application, that day, and (ii) in any other case, the day on which all of those requirements stand complied with, subject to section 246
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(3), a decision by the planning authority to extend, or to further extend, as may be appropriate, the period, which in relation to the relevant permission is the appropriate period, by such additional period as is specified in the application, shall be deemed to have been given by the planning authority on the last day of the 8 week period.
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(3)(a) Where a decision to extend an appropriate period is given under subsection (1), or, pursuant to subsection (2), such a decision is deemed to have been given, the planning authority shall not further extend the appropriate period, unless each of the following requirements is complied with— (i) an application in that behalf is made to it in accordance with the regulations under section 43 ; (ii) any requirements of, or made under, the regulations are complied with as regards the application; (iii) the authority is satisfied that the relevant development has not been completed due to circumstances beyond the control of the person carrying out the development. (b) An appropriate period shall be further extended under this subsection only for such period as the planning authority considers requisite to enable the relevant development to be completed.
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(4)Particulars of any application made to a planning authority under this section and of the decision of the planning authority in respect of the application shall be recorded on the relevant entry in the register.
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(5)Where a decision to extend, or further to extend, is given under this section, or, pursuant to subsection (2), such a decision is deemed to have been given, section 40 shall, in relation to the permission to which the decision relates, be construed and have effect subject to and in accordance with the terms of the decision.
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Regulations regarding sections 40, 41 and 42.
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43.—(1) The Minister may make regulations providing for any matter of procedure in relation to applications under section 42 and making such incidental, consequential or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of section 40 , 41 or 42 .
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(2)Without prejudice to the generality of subsection (1), regulations under this section may— (a) specify the time at which applications under section 42 may be made, the manner in which those applications shall be made and the particulars they shall contain, (b) require applicants to furnish to the planning authority any specified information with respect to their applications (including any information regarding any estate or interest in or right over land), (c) require applicants to submit to a planning authority any further information relevant to their applications (including any information as to any such estate, interest or right), (d) require the production of any evidence to verify any particulars or information given by any applicant, and (e) require the notification (in a prescribed manner) by planning authorities of decisions on applications.
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Revocation or modification of permission.
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44.—(1) If the planning authority considers that it is expedient that any permission to develop land granted under this Part should be revoked or modified, it may serve a notice in accordance with subsection (3) on the applicant and on any other person who, in its opinion, will be materially affected by the revocation or modification.
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(2)A planning authority shall neither revoke nor modify a permission under this section unless the development to which the permission relates no longer conforms with the provisions of the development plan.
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(3)The notice referred to in subsection (1) shall— (a) refer to the permission concerned, (b) specify the provisions of the development plan to which the permission no longer conforms, and (c) invite the person or persons served with the notice to make written submissions or observations to the planning authority within the period specified in the notice (being not less than 4 weeks from the service of the notice) concerning the proposed revocation or modification.
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(4)A planning authority may decide to revoke or modify a permission and, when making its decision, shall have regard to any submissions or observations made under subsection (3) (c).
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(5)Where a planning authority decides to revoke or modify a permission under subsection (4), it shall specify in the decision the provisions of the development plan to which the permission no longer conforms, and the main reasons and considerations on which the decision is based.
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(6)A person served with a notice under subsection (1) may, at any time within 4 weeks of the date of the decision, appeal to the Board against the decision.
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(7)Where an appeal is brought under this section against a decision, the Board may confirm the decision with or without modifications, or annul the decision, and it shall specify the main reasons and considerations for its decision.
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(8)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 the 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 have been previously carried out.
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(9)A planning authority may at any time, for stated reasons, by notice in writing withdraw a notice served under this section.
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(10)Particulars of a decision made under this section shall be entered in the register.
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(11)The revocation or modification under this section of a permission shall be a reserved function.
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Acquisition of land for open spaces.
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45.—(1) Where— (a) development is being or has been carried out pursuant to a permission under section 34 , (b) (i) a condition requiring the provision or maintenance of land as open space, being open space to which this section applies, was attached to the permission, or (ii) it was either explicit or implicit in the application for the permission that land would be provided or maintained as such open space, (c) the planning authority has served on the owner of the land a written request that, within a period specified in the request (being a period of not less than 8 weeks commencing on the date of the request), he or she will provide, level, plant or otherwise adapt or maintain the land in a manner so specified, being a manner which in its opinion would make it suitable for the purpose for which the open space was to be provided, and (d) the owner fails to comply or to secure compliance with the request within the period so specified, the planning authority may, if it thinks fit, publish in a newspaper circulating in the district a notice (an “acquisition notice”) of its intention to acquire the land by order under this section and the acquisition notice shall specify a period (being a period of not less than 4 weeks commencing on the date on which the notice is published) within which an appeal may be made under this section.
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(2)Where a planning authority publishes an acquisition notice, it shall serve a copy of the notice on the owner of the land to which the notice relates not later than 10 days after the date of the publication.
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(3)Any person having an interest in the land to which an acquisition notice relates may within the period specified in the notice appeal to the Board.
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(4)Where an appeal is brought under this section the Board may— (a) annul the acquisition notice to which the appeal relates, or (b) confirm the acquisition notice, with or without modification, in respect of all or such part of the relevant land as the Board considers reasonable.
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(5)If a planning authority publishes an acquisition notice and either— (a) the period for appealing against the notice has expired and no appeal has been taken, or (b) an appeal has been taken against the notice and the appeal has been withdrawn or the notice has been confirmed whether unconditionally or subject to modifications, the planning authority may make an order in the prescribed form which order shall be expressed and shall operate to vest the land to which the acquisition notice, or, where appropriate, the acquisition notice as confirmed, relates in the planning authority on a specified date for all the estate, term or interest for which immediately before the date of the order the land was held by the owner together with all rights and liabilities which, immediately before that date, were enjoyed or incurred in connection therewith by the owner together with an obligation to comply with the request made under subsection (1)(c).
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(6)Where a planning authority has acquired by an order under this section land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Minister for Agriculture. Food and Rural Development or to the Commissioners, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to that Minister or to the Commissioners, as the case may be, of the annual sum or such portion thereof as shall be apportioned by that Minister or by the Commissioners, on the land as if the land had been transferred to the authority by the owner thereof on that date.
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(7)When a planning authority makes an order under this section in relation to any land, it shall send the order to the registering authority under the Registration of Title Act, 1964 , and thereupon the registering authority shall cause the planning authority to be registered as owner of the land in accordance with the order.
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(8)Where a claim is made for compensation in respect of land to which an order under this section relates, the claim shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 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 and to the following provisions: (a) the arbitrator shall make a nil award, unless it is shown by or on behalf of the owner that an amount equal to the value of the land to which the relevant permission under section 34 relates, being that value at the time when the application for the permission was made, as a result of the development has not been recovered and as a further such result will not in the future be recoverable by disposing of the land which is land to which the permission relates and which is not land to which the order relates, and (b) in the assessment of the value of the land to which the order relates, no regard shall be had to its value for use other than as open space and a deduction shall be made in respect of the cost of carrying out such works as may be necessary to comply with the request made pursuant to subsection (1)(c).
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(9)A planning authority shall enter in the register— (a) particulars of any acquisition notice published by it, (b) the date and effect of any decision on appeal in relation to any such notice, and (c) particulars of any order made under this section, and every entry shall be made within the period of 7 days commencing on the day of publication, receipt of notification of the decision or the making of the order, as may be appropriate.
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(10)This section applies to any form of open space (whether referred to as open space or by any other description in the relevant application for a permission or in a condition attached to the relevant permission), being land which is not described in the application or condition either as private open space or in terms indicating that it is not intended that members of the public are to have resort thereto without restriction.
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Requiring removal or alteration of structure or discontinuance of use.
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46.—(1) If a planning authority decides that, in exceptional circumstances— (a) any structure should be demolished, removed, altered or replaced, (b) any use should be discontinued, or (c) any conditions should be imposed on the continuance of a use, the planning authority may serve a notice on the owner and on the occupier of the structure or land concerned and on any other person who, in its opinion, will be affected by the notice.
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(2)Subsection (1) shall not apply to any unauthorised development unless the notice under this section is served after seven years from the commencement of the unauthorised development.
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(3)A notice referred to in subsection (1) shall— (a) specify the location of the structure or land concerned, (b) specify the steps that will be required to be taken within a specified period, including, where appropriate— (i) the demolition, removal, alteration or replacement of any structure, or (ii) the discontinuance of any use or the continuance of any use subject to conditions, and (c) invite any person served with the notice to make written submissions or observations to the planning authority in respect of the matters referred to in the notice within a specified period (being not less than 4 weeks from the date of service of the notice).
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(4)A planning authority may, having regard to any submissions or observations made in accordance with subsection (3) (c), decide to confirm the notice, with or without modifications, or not to confirm the notice.
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(5)A planning authority, in deciding whether to confirm a notice pursuant to this section, shall consider— (a) the proper planning and sustainable development of the area, (b) the provisions of the development plan, (c) the provisions of any special amenity area order, any European site or other area designated for the purposes of section 10
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(2)(c) relating to the area, and (d) any other relevant provision of this Act and any regulations made thereunder.
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(6)Where a notice is confirmed by a planning authority under subsection (4), any person served with the notice may, within 8 weeks of the date of service of the notice, appeal to the Board against the notice.
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(7)Where an appeal is brought under this section against a notice, the Board may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (5) shall apply, subject to any necessary modifications, to the deciding of an appeal under this subsection by the Board, as they apply to the making of a decision by the planning authority.
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(8)A notice under this section (other than a notice which is annulled) shall take effect— (a) in case no appeal against it is taken, on the expiration of the period for taking an appeal, or (b) in case an appeal or appeals are taken against it and not withdrawn, when the appeal or appeals have been either withdrawn or decided.
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(9)If, within the period specified in a notice under this section, or within such extended period as the planning authority may allow, any demolition, removal, alteration or replacement required by the notice has not been effected, the planning authority may enter the structure and may effect such demolition, removal, alteration or replacement as is specified in the notice.
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(10)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 the person in carrying out the demolition, removal, alteration or replacement specified in the notice, less the value of any salvageable materials.
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(11)Where any person served with a notice under this section fails to comply with the requirements of the notice, or causes or permits the failure to comply with the requirements, he or she shall be guilty of an offence.
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(12)Particulars of a notice served or confirmed under this section shall be entered in the register.
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(13)(a) A planning authority may, for stated reasons, by notice in writing withdraw a notice served under this section. (b) Where a notice is withdrawn pursuant to this subsection by a planning authority, the fact that the notice was withdrawn shall be recorded by the authority in the register.
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Agreements regulating development or use of land.
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47.—(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.
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(2)A planning authority in entering into an agreement under this section may join with any body which is a prescribed authority for the purposes of section 11 .
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(3)An agreement made under this section with any person interested in land may be enforced by the planning authority, or any body joined with it, against persons deriving title under that person in respect of that land as if the planning authority or body, as may be appropriate, were possessed of adjacent land, and as if the agreement had been expressed to be made for the benefit of that land.
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(4)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, the Board 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.
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(5)Particulars of an agreement made under this section shall be entered in the register.
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Development contributions.
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48.—(1) A planning authority may, when granting a permission under section 34 , include conditions for requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority and that is provided, or that it is intended will be provided, by or on behalf of a local authority (regardless of other sources of funding for the infrastructure and facilities).
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(2)(a) Subject to paragraph (c), the basis for the determination of a contribution under subsection (1) shall be set out in a development contribution scheme made under this section, and a planning authority may make one or more schemes in respect of different parts of its functional area. (b) A scheme may make provision for payment of different contributions in respect of different classes or descriptions of development. (c) A planning authority may, in addition to the terms of a scheme, require the payment of a special contribution in respect of a particular development where specific exceptional costs not covered by a scheme are incurred by any local authority in respect of public infrastructure and facilities which benefit the proposed development.
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(3)(a) A scheme shall state the basis for determining the contributions to be paid in respect of public infrastructure and facilities, in accordance with the terms of the scheme. (b) In stating the basis for determining the contributions in accordance with paragraph (a), the scheme shall indicate the contribution to be paid in respect of the different classes of public infrastructure and facilities which are provided or to be provided by any local authority and the planning authority shall have regard to the actual estimated cost of providing the classes of public infrastructure and facilities, except that any benefit which accrues in respect of existing development may not be included in any such determination. (c) A scheme may allow for the payment of a reduced contribution or no contribution in certain circumstances, in accordance with the provisions of the scheme.
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(4)Where a planning authority proposes to make a scheme under this section, it shall publish in one or more newspapers circulating in the area to which the scheme relates, a notice— (a) stating that a draft scheme has been prepared, (b) giving details of the proposed contributions under the draft scheme, (c) indicating the times at which, the period (which shall be not less than 6 weeks) during which, and the place where, a copy of the draft scheme may be inspected, and (d) stating that submissions or observations may be made in writing to the planning authority in relation to the draft scheme, before the end of the period for inspection.
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(5)(a) In addition to the requirements of subsection (4), a planning authority shall send a copy of the draft scheme to the Minister. (b) The Minister may make recommendations to the planning authority regarding the terms of the draft scheme, within 6 weeks of being sent the scheme.
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(6)(a) Not later than 4 weeks after the expiration of the period for making submissions or observations under subsection (4), the manager of a planning authority shall prepare a report on any submissions or observations received under that subsection, and submit the report to the members of the authority for their consideration. (b) A report under paragraph (a) shall— (i) list the persons or bodies who made submissions or observations under this section, (ii) summarise the issues raised by the persons or bodies in the submissions or observations, and (iii) give the response of the manager to the issues raised, taking account of the proper planning and sustainable development of the area.
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(7)The members of the planning authority shall consider the draft scheme and the report of the manager under subsection (6), and shall have regard to any recommendations made by the Minister under subsection (5).
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(8)(a) Following the consideration of the manager's report, and having had regard to any recommendations made by the Minister, the planning authority shall make the scheme, unless it decides, by resolution, to vary or modify the scheme, otherwise than as recommended in the manager's report, or otherwise decides not to make the scheme. (b) A resolution under paragraph (a) must be passed not later than 6 weeks after receipt of the manager's report.
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(9)(a) Where a planning authority makes a scheme in accordance with subsection (8), the authority shall publish notice of the making, or approving, of the scheme, as the case may be, in at least one newspaper circulating in its area. (b) A notice under paragraph (a) shall— (i) give the date of the decision of the planning authority in respect of the draft scheme, (ii) state the nature of the decision, and (iii) contain such other information as may be prescribed.
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(10)(a) Subject to paragraph (b), no appeal shall lie to the Board in relation to a condition requiring a contribution to be paid in accordance with a scheme made under this section. (b) An appeal may be brought to the Board where an applicant for permission under section 34 considers that the terms of the scheme have not been properly applied in respect of any condition laid down by the planning authority. (c) Notwithstanding section 34
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(11), where an appeal is brought in accordance with paragraph (b), and no other appeal of the decision of a planning authority is brought by any other person under section 37 , the authority shall make the grant of permission as soon as may be after the expiration of the period for the taking of an appeal, provided that the person who takes the appeal in accordance with paragraph (b) furnishes to the planning authority security for payment of the full amount of the contribution as specified in the condition.
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(11)Where an appeal is brought to the Board in respect of a refusal to grant permission under this Part, and where the Board decides to grant permission, it shall, where appropriate, apply as a condition to the permission the provisions of the contribution scheme for the time being in force in the area of the proposed development.
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(12)Where payment of a special contribution is required in accordance with subsection (2) (c), the following provisions shall apply— (a) the condition shall specify the particular works carried out, or proposed to be carried out, by any local authority to which the contribution relates, (b) where the works in question— (i) are not commenced within 5 years of the date of payment to the authority of the contribution, (ii) have commenced, but have not been completed within 7 years of the date of payment to the authority of the contribution, or (iii) where the local authority decides not to proceed with the proposed works or part thereof. the contribution shall, subject to paragraph (c), be refunded to the applicant together with any interest that nmay have accrued over the period while held by the local nauthority, (c) where under subparagraph (ii) or (iii) of paragraph (b), any local authority has incurred expenditure within the required period in respect of a proportion of the works proposed to be carried out, any refund shall be in proportion nto those proposed works which have not been ncarried out.
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(13)(a) Notwithstanding sections 37 and 139 , where an appeal received by the Board after the commencement of this section relates solely to a condition dealing with a special contribution, and no appeal is brought by any other person under section 37 of the decision of the planning authority under that section, the Board shall not determine the relevant application as if it had been made to it in the first instance, but shall determine only the matters under appeal. (b) Notwithstanding section 34
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(11), where an appeal referred to in paragraph (a) is received by the Board, and no appeal is brought by any other person under section 37 , the authority shall make the grant of permission as soon as may be after the expiration of the period for the taking of an appeal, provided that the person who takes the appeal furnishes to the planning authority, pending the decision of the Board, security for payment of the nfull amount of the special contribution as specified in the condition referred to in paragraph (a).
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(14)(a) Money accruing to a local authority under this section shall be accounted for in a separate account, and shall only be applied as capital for public infrastructure and facilities. (b) A report of a local authority under section 50 of the Local Government Act, 1991 , shall contain details of monies paid or owing to it under this section and shall indicate how such monies paid to it have been expended by any local authority.
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(15)(a) A planning authority may facilitate the phased payment of contributions under this section, and may require the giving of security to ensure payment of contributions. (b) Where a contribution is not paid in accordance with the terms of the condition laid down by the planning authority, any outstanding amounts due to the planning authority shall be paid together with interest that may have accrued over the period while withheld by the person required to pay the contribution. (c) A planning authority may recover, as a simple contract debt in a court of competent jurisdiction, any contribution or interest due to the planning authority under this section.
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(16)(a) A planning authority shall make a scheme or schemes under this section within 2 years of the commencement of this section. (b) Notwithstanding the repeal of any enactment by this Act, the provisions of section 26 of the Act of 1963, in relation to requiring contributions in respect of expenditure by local authorities on works which facilitate development, shall continue to apply pending the making of a scheme under this section, but shall not apply after two years from the commencement of this section.
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(17)In this section— “public infrastructure and facilities” means— (a) the acquisition of land, (b) the provision of open spaces, recreational and community facilities and amenities and landscaping works, (c) the provision of roads, car parks, car parking places, sewers, waste water and water treatment facilities, drains and watermains, (d) the provision of bus corridors and lanes, bus interchange facilities (including car parks for those facilities), infrastructure to facilitate public transport, cycle and pedestrian facilities, and traffic calming measures, (e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, sewers, waste water and water treatment facilities, drains or watermains, and (f) any matters ancillary to paragraphs (a) to (e); “scheme” means a development contribution scheme made under this section; “special contribution” means a special contribution referred to in subsection (2)(c).
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Supplementary development contribution schemes.
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49.—(1) A planning authority may, when granting a permission nunder section 34 , include conditions requiring the payment of a contribution in respect of any public infrastructure service or project— (a) specified in a scheme made by the planning authority (hereafter in this section referred to as a “supplementary development contribution scheme”), (b) provided or carried out, as may be appropriate, by a planning nauthority or, pursuant to an agreement entered into nby a local authority, any other person, and (c) that will benefit the development to which the permission relates when carried out.
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(2)(a) The amount, and manner of payment, of a contribution under subsection (1) shall be determined in accordance with a supplementary development contribution scheme. (b) A supplementary development contribution scheme shall specify— (i) the area or areas within the functional area of the planning authority, and (ii) the public infrastructure project or service, to which it relates, and more than one such scheme may be made in respect of a particular area. (c) A supplementary development contribution scheme may make provision for the payment of different contributions in respect of different classes or descriptions of development.
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(3)Subsections (3), (4), (5), (6), (7), (8), (9), (10), (11) and (15) of section 48 shall apply to a scheme subject to— (a) the modification that references in those subsections to a scheme shall be construed as references to a supplementary development contribution scheme, (b) any other necessary modifications, and (c) the provisions of this section.
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(4)(a) A planning authority may enter into an agreement with any person in relation to the carrying out, or the provision, as may be appropriate, of a public infrastructure project or service. (b) Without prejudice to the generality of paragraph (a), an agreement may make provision for— (i) the manner in which the service or project is to be provided or carried out, as the case may be, including provision relating to construction or maintenance of any infrastructure or operation of any service or facility, (ii) arrangements regarding the financing of the project or service and the manner in which contributions paid or owed to a planning authority pursuant to a condition under subsection (1) may be applied in respect of that project or service, (iii) the entry into such further agreements as may be necessary with any other person regarding the financing and provision of such service or carrying out of such project, (iv) the entry into force, duration and monitoring of the agreement (including the resolution of disputes).
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(5)A planning authority shall not, pursuant to a condition under subsection (1), require the payment of a contribution in respect of a public infrastructure project or service where the person concerned has made a contribution under section 48 in respect of public infrastructure and facilities of which the said public infrastructure project or service constituted a part.
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(6)A planning authority may, at any time, by resolution, amend a supplementary development contribution scheme for the purpose of modifying the manner of determining a contribution pursuant to a condition under subsection (1) where the cost of carrying out or providing, as the case may be, the public infrastructure project or service is less than the cost that was estimated when the planning authority first determined the amount of the contribution.
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(7)In this section, “public infrastructure project or service” means— (a) the provision of particular rail, light rail or other public transport infrastructure, including car parks and other ancillary development, (b) the provision of particular new roads, (c) the provision of particular new sewers, waste, water and water treatment facilities, drains or watermains and ancillary infrastructure.
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Judicial review of appeals, referrals and other matters.
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50.—(1) Where a question of law arises on any appeal or referral, the Board may refer the question to the High Court for decision.
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(2)A person shall not question the validity of— (a) a decision of a planning authority— (i) on an application for a permission under this Part, or (ii) under section 179 , (b) a decision of the Board— (i) on any appeal or referral, (ii) under section 175 , or (iii) under Part XIV, 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 ) (“the Order”).
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(3)The Board or any party to an appeal or referral may, at any time after the bringing of an application for leave to apply for judicial review of a decision of a planning authority, apply to the High Court to stay the proceedings pending the making of a decision by the Board in relation to the appeal or referral concerned, and the Court may, where it considers that the matter is within the jurisdiction of the Board, make an order on such terms as it thinks fit.
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(4)(a) (i) Subject to subparagraph (iii), application for leave to apply for judicial review under the Order in respect of a decision referred to in paragraph (a) (i) or (b) (i) of subsection (2), shall be made within the period of 8 weeks commencing on the date of the decision of the planning authority or the Board, as the case may be. (ii) Subject to subparagraph (iii), application for leave to apply for judicial review under the Order in respect of a decision referred to in paragraph (a) (ii) or (b) (ii) or (iii) of subsection (2), shall be made within the period of 8 weeks commencing on the date on which notice of the decision was first published. (iii) The High Court shall not extend the period referred to in subparagraph (i) or (ii) unless it considers that there is good and sufficient reason for doing so. (b) An application for leave to apply for judicial review shall be made by motion, on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave)— (i) if the application relates to a decision referred to in paragraph (a) of subsection (2), to the planning authority concerned and, with regard to a decision on an application for permission under this Part, to the applicant for the permission where he or she is not the applicant for leave, (ii) if the application relates to a decision referred to in subparagraph (i) of subsection (2)(b), to the Board and each party or each other party, as the case may be, to the appeal or referral, (iii) if the application refers to a decision referred to in subparagraph (ii) or (iii) of subsection (2)(b), to the Board and the planning or local authority concerned, and (iv) to any other person specified for that purpose by order of the High Court, and 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, and that the applicant has a substantial interest in the matter which is the subject of the application. (c) Without prejudice to the generality of paragraph (b), leave shall not be granted to an applicant unless the applicant shows to the satisfaction of the High Court that— (i) the applicant— (I) in the case of a decision of a planning authority on an application for permission under this Part, was an applicant for permission or is a prescribed body or other person who made submissions or observations in relation to the proposed development, (II) in the case of a decision of a planning authority under
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section 179 , is a prescribed body or other person who made submissions or observations in relation to the proposed development, (III) in the case of a decision of the Board on any appeal or referral, was a party to the appeal or referral or is a prescribed body or other person who made submissions or observations in relation to that appeal or referral, (IV) in the case of a decision of the Board under section 175 , is the planning authority which applied for approval, or is a prescribed authority or other person who made submissions or observations under subsection (4) or (5) of that section, or (V) in the case of a decision of the Board under Part XIV, is a local authority that proposes to acquire land or to carry out a scheme or proposed road development or is a person who made objections, submissions or observations in relation to that proposal, or (ii) in the case of a person (other than a person to whom clause (I), (II), (III), (IV) or (V) applies), there were good and sufficient reasons for his or her not making objections, submissions or observations, as the case may be. (d) A substantial interest for the purposes of paragraph (b) is not limited to an interest in land or other financial interest. (e) A Member State of the European Communities or a state which is a party to the Transboundary Convention shall not be required, when applying for leave to apply for judicial review of a decision referred to in paragraph (c), to comply with the requirements of that paragraph. (f) (i) The determination of the High Court of an application for leave to apply for judicial review, or of an application for judicial review, shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case, except 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. (g) Where an application is made for judicial review under this section in respect of part only of a decision referred to in subsection (2), the High Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring to be invalid or quashing the remainder of the decision or part of a decision, and if the Court does so, it may make any consequential amendments to the remainder of the decision or part of a decision that it considers appropriate.
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(h) References in subsection (2) and this subsection to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court.
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(5)(a) Where an application is made for leave to apply for judicial review, or an application is made for judicial review, in respect of— (i) a decision by a planning authority under section 34 of a class in relation to which the Minister has given a direction under section 126
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(5), (ii) a decision of the Board on an appeal of a decision of a class in relation to which the Minister has given a direction under section 126
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(5), (iii) a decision of a planning authority referred to in subsection (2)(a)(ii), or (iv) a decision of the Board referred to in subsection (2)(b)(ii) or (iii), the High Court shall, in determining the application, act as expeditiously as possible consistent with the administration of justice. (b) The Supreme Court shall act as expeditiously as possible consistent with the administration of justice in determining any appeal made in respect of a determination by the High Court of an application referred to in paragraph (a). (c) Rules of court may make provision for the expeditious hearing of an application referred to in paragraph (a).
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PART IV
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Architectural Heritage
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Chapter I
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Protected Structures Record of protected structures.
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51.—(1) For the purpose of protecting structures, or parts of structures, which form part of the architectural heritage and which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, every development plan shall include a record of protected structures, and shall include in that record every structure which is, in the opinion of the planning authority, of such interest within its functional area.
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(2)After consulting with the Minister for Arts, Heritage, Gaeltacht and the Islands, the Minister shall prescribe the form of a record of protected structures.
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(3)Subject to any additions or deletions made to the record, either under this Part or in the course of a review of the development plan under Part II, a record of protected structures shall continue to be part of that plan or any variation or replacement of the plan.
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Guidelines by Minister for Arts, Heritage, Gaeltacht and the Islands.
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52.—(1) The Minister for Arts, Heritage, Gaeltacht and the Islands shall, after consulting with the Minister, issue guidelines to planning authorities concerning development objectives— (a) for protecting structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, and (b) for preserving the character of architectural conservation areas, and any such guidelines shall include the criteria to be applied when selecting proposed protected structures for inclusion in the record of protected structures.
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(2)The Minister for Arts, Heritage, Gaeltacht and the Islands nmay, after consulting with the authorities of any religious denominations which he or she considers necessary, issue guidelines to planning authorities concerning— (a) the issue of declarations under section 57 in respect of protected structures which are regularly used as places of public worship, and (b) the consideration by planning authorities of applications for development affecting the interior of such protected structures.
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(3)In considering development objectives, a planning authority shall have regard to any guidelines issued under this section.
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(4)In this section, “development objective” means an objective which, under section 10 , a planning authority proposes to include in its development plan.
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Recommendations to planning authorities concerning specific structures.
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53.—(1) The Minister for Arts, Heritage, Gaeltacht and the Islands may, in writing, make recommendations to a planning authority concerning the inclusion in its record of protected structures of any or all of the following— (a) particular structures; (b) specific parts of particular structures; (c) specific features within the attendant grounds of particular structures.
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(2)A planning authority shall have regard to any recommendations made to it under this section.
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(3)A planning authority which, after considering a recommendation made to it under this section, decides not to comply with the recommendation, shall inform the Minister for Arts, Heritage, Gaeltacht and the Islands in writing of the reason for its decision.
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Additions to and deletions from record of protected structures.
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54.—(1) A planning authority may add to or delete from its record of protected structures a structure, a specified part of a structure or a specified feature of the attendant grounds of a structure, where— (a) the authority considers that— (i) in the case of an addition, the addition is necessary or desirable in order to protect a structure, or part of a structure, of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, whether or not a recommendation has been made under section 53 , or (ii) in the case of a deletion, the protection of the structure or part is no longer warranted, and (b) the addition or deletion is made when making a development plan under Part II or in accordance with section 55 .
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(2)The making of an addition to, or a deletion from, a record of protected structures shall be a reserved function.
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Procedure for making additions for deletions.
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55.—(1) A planning authority which proposes, at any time other than in the course of making its development plan under Part II, to make an addition to or a deletion from its record of protected structures shall— (a) serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion, including the particulars, (b) send particulars of the proposed addition or deletion to the Minister for Arts, Heritage, Gaeltacht and the Islands and to any other prescribed bodies, and (c) cause notice of the proposed addition or deletion to be published in at least one newspaper circulating in its functional area.
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(2)A notice under paragraph (a) or (c) of subsection (1) shall state the following— (a) that particulars of the proposed addition or deletion may be inspected at a specified place, during a specified period of not less than 6 weeks; (b) that, during such period, any person may make written submissions or observations, with respect to the proposed addition or deletion, to the planning authority, and that any such submissions or observations will be taken into consideration before the making of the addition or deletion concerned; (c) whether or not the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands; (d) that, if the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward to that Minister for his or her observations a copy of any submission or observation made under paragraph (b).
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(3)Before making the proposed addition or deletion, the planning authority shall— (a) consider any written submissions or observations received under subsection (2) (b), and (b) have regard to any observations received from the Minister for Arts, Heritage, Gaeltacht and the Islands, concerning those submissions or observations, within 4 weeks after the receipt by that Minister of a copy of the submissions or observations.
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(4)Within 12 weeks after the end of the period allowed under subsection (2)(a) for inspection, the planning authority shall decide whether or not the proposed addition or deletion should be made.
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(5)Within 2 weeks after making an addition to or a deletion from the record of protected structures, a planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.
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Registration under Registration of Title Act, 1964.
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56.—Where a structure, a specified part of a structure or a specified feature within the attendant grounds of a structure is included in the record of protected structures, its inclusion may be registered under the Registration of Title Act, 1964 , in the appropriate register maintained under that Act, as a burden affecting registered land (within the meaning of that Act).
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Works affecting character of protected structures or proposed protected structures.
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57.—(1) Notwithstanding section 4
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(1)(h), the carrying out of works to a protected structure, or a proposed protected structure, shall be exempted development only if those works would not materially affect the character of— (a) the structure, or (b) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.
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(2)An owner or occupier of a protected structure may make a written request to the planning authority, within whose functional area that structure is situated, to issue a declaration as to the type of works which it considers would or would not materially affect the character of the structure or of any element, referred to in subsection (1)(b), of that structure.
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(3)Within 12 weeks after receiving a request under subsection (2), or within such other period as may be prescribed, a planning authority shall issue a declaration under this section to the person who made the request.
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(4)Before issuing a declaration under this section, a planning authority shall have regard to— (a) any guidelines issued under section 52 , and (b) any recommendations made to the authority under section 53 .
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(5)If the declaration relates to a protected structure that is regularly used as a place of public worship, the planning authority (a) in addition to having regard to the guidelines and recommendations referred to in subsection (4), shall respect liturgical requirements, and (b) for the purpose of ascertaining those requirements shall— (i) comply with any guidelines concerning consultation which may be issued by the Minister for Arts, Heritage, Gaeltacht and the Islands, or (ii) if no such guidelines are issued, consult with such person or body as the planning authority considers appropriate.
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(6)When considering an application for permission for the development of land under section 34 which— (a) relates to the interior of a protected structure, and (b) is regularly used as a place of public worship, the planning authority, and the Board on appeal, shall, in addition to any other requirements of the Act, respect liturgical requirements.
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(7)A planning authority may at any time review a declaration issued under this section but the review shall not affect any works carried out in reliance on the declaration prior to the review.
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(8)A planning authority shall cause— (a) the details of any declaration issued by that authority under this section to be entered on the register kept by the authority under section 7 , and (b) a copy of the declaration to be made available for inspection by members of the public during office hours, at the office of the authority, following the issue of the declaration.
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(9)A declaration under this section shall not prejudice the application of section 5 to any question that arises as to what, in a particular case, is or is not exempted development.
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(10)(a) For the avoidance of doubt, it is hereby declared that a planning authority or the Board on appeal— (i) in considering any application for permission in relation to a protected structure, shall have regard to the protected status of the structure, or (ii) in considering any application for permission in relation to a proposed protected structure, shall have regard to the fact that it is proposed to add the structure to a record of protected structures. (b) A planning authority, or the Board on appeal, shall not grant permission for the demolition of a protected structure or proposed protected structure, save in exceptional circumstances.
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Duty of owners and occupiers to protect structures from endangerment.
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58.—(1) Each owner and each occupier shall, to the extent consistent with the rights and obligations arising out of their respective interests in a protected structure or a proposed protected structure, ensure that the structure, or any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, is not endangered.
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(2)The duty imposed by subsection (1) in relation to a proposed protected structure arises at the time the owner or occupier is notified, under section 55 or under Part II, of the proposal to add the structure to the record of protected structures.
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(3)Neither of the following shall be considered to be a breach of the duty imposed on each owner and each occupier under this section— (a) development in respect of which permission under section 34 has been granted; (b) development consisting only of works of a type which, in a declaration issued under section 57
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(3)to that owner or occupier, a planning authority has declared would not materially affect the character of the protected structure or any element, referred to in subsection (1) of this section, of that structure.
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(4)Any person who, without lawful authority, causes damage to a protected structure or a proposed protected structure shall be guilty of an offence.
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(5)Without prejudice to any other defence that may be available, it shall be a good defence in any proceedings for an offence under subsection (4) to prove that the damage to the structure resulted from works which were— (a) urgently required in order to secure the preservation of the structure or any part of it, (b) undertaken in good faith solely for the purpose of temporarily safeguarding the structure, and (c) unlikely to permanently alter the structure or any element of it referred to in subsection (1).
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Notice to require works to be carried out in relation to endangerment of protected structures.
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59.—(1) Where, in the opinion of the planning authority, it is necessary to do so in order to prevent a protected structure situated within its functional area from becoming or continuing to be endangered, the authority shall serve on each person who is the owner or occupier of the protected structure a notice— (a) specifying the works which the planning authority considers necessary in order to prevent the protected structure from becoming or continuing to be endangered, and (b) requiring the person on whom the notice is being served to carry out those works within a specified period of not less than 8 weeks from the date the notice comes into effect under section 62 .
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(2)After serving notice under subsection (1) on a person, a planning authority may— (a) at its discretion, assist the person in carrying out the works required under the notice, and (b) provide such assistance in any form it considers appropriate, including advice, financial aid, materials, equipment and the services of the authority's staff.
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(3)Any person on whom a notice under subsection (1) has been nserved may, within 4 weeks from the date of service of the notice, make written representations to the planning authority concerning— (a) the terms of the notice, (b) the provision of assistance under subsection (2), and (c) any other material considerations.
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(4)After considering any representations made under subsection (3), the planning authority may confirm, amend or revoke the notice, and shall notify the person who made the representations of its decision.
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(5)Particulars of a notice served under this section shall be entered in the register.
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Notice to require restoration of character of protected structures and other places.
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60.—(1) In this section, “works”, in relation to a structure or any element of a structure, includes the removal, alteration or replacement of any specified part of the structure or element, and the removal or alteration of any advertisement structure.
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(2)A planning authority may serve a notice that complies with subsection (3) on each person who is the owner or occupier of a structure situated within its functional area, if— (a) the structure is a protected structure and, in the opinion of the planning authority, the character of the structure or of any of its elements ought to be restored, or (b) the structure is in an architectural conservation area and, in the opinion of the planning authority, it is necessary, in order to preserve the character of the area, that the structure be restored.
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(3)A notice under subsection (2) shall— (a) specify the works required to be carried out for the purposes of restoring the structure or element referred to in the notice, (b) state that the person on whom the notice is served may, within a specified period of not less than 8 weeks from the date of the service of the notice, make written representations to the planning authority concerning the notice, (c) invite that person to enter into discussions with the planning authority, within a specified period of not less than 8 weeks from the date of the service of the notice, concerning the notice and in particular concerning— (i) the provision by the planning authority of advice, materials, equipment, the services of the authority's staff or other assistance in carrying out the works specified in the notice, and (ii) the period within which the works are to be carried out, (d) specify the period within which, unless otherwise agreed in the discussions under paragraph (c), the works shall be carried out, being a period of not less than 8 weeks from the end of the period allowed for entering into discussions, and (e) state that the planning authority shall pay any expenses that are reasonably incurred by that person in carrying out the works in accordance with the notice, other than works that relate to an unauthorised structure which has been constructed, erected or made 7 years or less prior to the service of the notice.
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(4)In deciding whether to serve a notice under this section, a planning authority shall have regard to any guidelines issued under section 52 and any recommendations made under section 53 .
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(5)If the invitation under subsection (3)(c) to enter into discussions is accepted, the planning authority shall facilitate the holding of those discussions.
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(6)After considering any representations made under subsection (3)(b) and any discussions held under subsection (5), the planning authority may confirm, amend or revoke the notice and shall notify the person who made the representations of its decision.
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(7)Particulars of a notice served under this section shall be entered in the register.
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Appeals against notices.
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61.—(1) Within 2 weeks after being notified under section 59
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(4)or 60
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(6)of the confirmation or amendment of a notice, any person who made representations in relation to the notice may appeal against the notice to the District Court, on any one or more of the following grounds: (a) that the person is not the owner or occupier of the structure in respect of which the notice has been served; (b) that, in the case of a notice under section 59
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(1), compliance with the requirements of the notice would involve unreasonable expense, and that the person had stated in representations made to the planning authority under section 59
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(3)that he or she did not have the means to pay; (c) that the person has already taken all reasonable steps to— (i) in the case of a notice under section 59
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(1), prevent the structure from becoming, or continuing to be endangered, (ii) in the case of a notice under section 60
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(2)in relation to a protected structure, restore the character of the structure or the element, or (iii) in the case of a notice under section 60
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(2)in relation to a structure that forms part of a place, area, group of structures or townscape referred to in paragraph (b) of that subsection, assist in restoring the character of that place, area, group of structures or townscape, as the case may be; (d) that the time for complying with the notice is unreasonably short.
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(2)Notice of an appeal under subsection (1) shall be given to the planning authority, and it shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
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(3)On the hearing of the appeal, the District Court may, as it thinks proper— (a) confirm the notice unconditionally, (b) confirm the notice subject to such modifications or additions as the Court thinks reasonable, or (c) annual the notice.
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(4)Where the notice is confirmed under subsection (3)(b) subject to modifications or additions, the notice shall have effect subject to those modifications or additions.
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Effective date of notices.
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62.—A notice under section 59
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(1)or 60
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(2)shall not have effect until the expiry of 4 weeks from the date of service of the notice, subject to the following exceptions— (a) if any representations have been made under section 59 or 60 in relation to the notice, and no appeal is taken within the period allowed under section 61
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(1), the notice has effect on the expiry of the appeal period; (b) if an appeal is taken under section 61
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(1)and the notice is confirmed, the notice has effect on the date on which the decision of the District Court is pronounced, or the date on which that order is expressed to take effect, whichever is later; (c) if an application is made to the District Court under section 65
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(1)and an order is made under section 65
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(2)(a), the notice has effect on the date on which the decision of the Court is pronounced, or the date on which that order is expressed to take effect, whichever is later.
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Offence relating to endangerment of protected structures.
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63.—A person who fails to comply with a notice served on him or her under section 59
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(1)shall be guilty of an offence.
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Owners' powers in relation to notices concerning endangerment or restoration of structures.
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64.—Any person who is the owner of the land or structure in respect of which a notice under section 59
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(1)or 60
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(2)has been served, and his or her servants or agents, may enter that land or structure and carry out the works required under the notice.
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Application to District Court for necessary consent.
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65.—(1) A person served with a notice under section 59
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(1)or 60
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(2)may apply to the District Court for an order under subsection (2) of this section if— (a) that person is unable, without the consent of another person, to carry out the works required under the notice, and (b) the other person withholds consent to the carrying out of those works.
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(2)If, on hearing an application under subsection (1), the District Court determines that the other person's consent has been unreasonably withheld— (a) the Court may, at its discretion, deem that consent to have been given, and (b) in that case, the person making the application shall be entitled to carry out the works required under the notice.
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Jurisdiction of District Court.
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66.—The jurisdiction conferred on the District Court— (a) by section 61 in relation to an appeal against a notice, or (b) by section 65 in relation to an application for an order deeming consent to have been given, shall be exercised by a judge of that Court having jurisdiction in the district in which the structure that is the subject of the appeal or application is situated.
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Application to court for contribution to cost of carrying out works on endangered structures.
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67.—(1) A person who has been served with a notice under section 59
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(1), and who has carried out the works required under the notice, may apply to a court of competent jurisdiction for an order directing that all, or such part as may be specified in the order, of the cost of those works be borne by some other person who has an interest in the structure concerned.
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(2)On the hearing of an application under subsection (1), the court shall make such order as it considers just, having regard to all the circumstances of the case.
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Carrying out of certain works to be exempted development.
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68.—The carrying out of any works specified in a notice under section 59
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(1)or 60
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(2)shall be exempted development.
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Planning authority's power to carry out works to protected structures and other places.
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69.—Where a person on whom a planning authority has served a notice under section 59
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(1)or 60
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(2)fails to comply with the notice, the planning authority may take such steps as it considers reasonable and necessary to give effect to the terms of the notice including— (a) entry on land by authorised persons in accordance with section 252 , and (b) the carrying out, or arranging the carrying out, of the works specified in the notice.
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Recovery by planning authority of expenses for carrying out works on endangered structures.
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70.—A planning authority which serves a notice under section 59
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(1)in respect of a protected structure may— (a) recover (whether as a simple contract debt in a court of competent jurisdiction or otherwise), from the owner or occupier, any expenses reasonably incurred by the authority under section 69 , including any assistance provided under section 59
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(2), and (b) secure those expenses by— (i) charging the protected structure under the Registration of Title Act, 1964 , or (ii) an instrument vesting any interest in the protected structure in the authority subject to a right of redemption by the owner or occupier.
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Power to acquire protected structure.
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71.—(1) A planning authority may acquire, by agreement or compulsorily, any protected structure situated within its functional area if— (a) it appears to the planning authority that it is necessary to do so for the protection of the structure, and (b) in the case of a compulsory acquisition, the structure is not lawfully occupied as a dwelling house by any person other than a person employed as a caretaker.
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(2)In this section and sections 72 to 77, a reference to a protected structure shall be construed to include a reference to any land which— (a) forms part of the attendant ground of that structure, and (b) is, in the planning authority's opinion, necessary to secure the protection of that structure, whether or not the land lies within the curtilage of the structure or is specified as a feature in the record of protected structures.
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Notice of intention to acquire protected structure compulsorily.
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72.—(1) A planning authority intending to acquire any protected structure compulsorily under this Part shall— (a) publish in one or more newspapers circulating in its functional area a notice— (i) stating its intention to acquire the protected structure compulsorily under this Part, (ii) describing the structure to which the notice relates, (iii) naming the place where a map showing the location of the protected structure is deposited and the times during which it may be inspected, and (iv) specifying the time within which (not being less than 4 weeks), and the manner in which, objections to the acquisition of the structure may be made to the planning authority, and (b) serve on every owner, lessee and occupier (except tenants for one month or a period less than one month) of the structure a notice which complies with paragraph (a).
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(2)In this section, “owner”, in relation to a protected structure, means— (a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the protected structure, and (b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the protected structure.
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Objection to compulsory acquisition of protected structure.
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73.—(1) Any person, on whom a notice of the proposed compulsory acquisition of a protected structure has been served under section 72
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(1)(b), may, within the time and in the manner specified in the notice, submit to the planning authority concerned an objection to the proposed compulsory acquisition referred to in the notice.
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(2)A person who has submitted an objection under subsection (1) may withdraw the objection by notice in writing sent to the planning authority concerned.
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(3)Where an objection submitted to a planning authority under subsection (1) is not withdrawn, the planning authority shall not acquire the protected structure compulsorily without the consent of the Board.
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(4)An application for the Board's consent to the compulsory acquisition of a protected structure shall be made within 4 weeks after the expiry of the time allowed, under subsection (1), for submitting an objection to that acquisition, and shall be accompanied by the following— (a) the relevant map, (b) a copy of the objection made under subsection (1) to the planning authority, (c) the planning authority's comments (if any) on the objection, and (d) such other documents and particulars as may be prescribed.
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(5)On receipt of the planning authority's comments (if any) on the objection, the Board shall, by notice served on the person who made the objection, send a copy of the comments to that person who may, within 3 weeks from the date of the service of the notice, make observations to the Board in relation to the comments.
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(6)On application under subsection (4), the Board may, as it thinks fit, grant or refuse to grant consent to the compulsory acquisition of all or part of a protected structure referred to in a notice published under section 72 .
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Vesting order for protected structures.
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74.—(1) After complying with section 73 , a planning authority may, by vesting order, acquire a protected structure if— (a) no objection is submitted to the planning authority under section 73 , (b) any objection submitted under section 73 , is subsequently withdrawn, or (c) the Board consents to the compulsory acquisition of the structure by the planning authority.
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(2)Where a planning authority becomes aware, before making a vesting order in respect of a protected structure, that the structure is subject (whether alone or in conjunction with other land) to— (a) any annuity or other payment to the Minister for Agriculture, Food and Rural Development or to the Commissioners, or (b) any charge payable to the Revenue Commissioners on the death of any person, the planning authority shall forthwith inform the Minister for Agriculture, Food and Rural Development, the Commissioners or the Revenue Commissioners, as the case may be, of its intention to make the vesting order.
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(3)Within 2 weeks after making a vesting order, a planning authority shall— (a) publish, in one or more newspapers circulating within its functional area, a notice— (i) stating that the order has been made, (ii) describing the protected structure to which it relates, and (iii) naming a place where a copy of the order and the attached map may be seen during office hours at the offices of the authority, and (b) serve on every person appearing to the authority to have an interest in the protected structure to which the order relates, a notice stating that the order has been made and the effect of the order.
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Form and effect of vesting order.
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75.—(1) A vesting order by which a planning authority acquires a protected structure under this Part shall be in the prescribed form, and shall have attached to it a map showing the location of the protected structure.
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(2)A vesting order shall be expressed and shall operate to vest the protected structure to which it relates in the planning authority in fee simple, free from encumbrances and all estates, rights, titles and interests of whatsoever kind on a specified date (in this section referred to as the vesting date) not earlier than 3 weeks after the making of the order.
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(3)Notwithstanding subsection (2), where a planning authority has acquired by a vesting order a protected structure which is subject, either alone or in conjunction with other land, to an annual sum payable to the Minister for Agriculture, Food and Rural Development or the Commissioners, the planning authority shall become and be liable, as from the vesting date, for the payment to that Minister or those Commissioners, as the case may be, of— (a) that annual sum, or (b) such portion of it as shall be apportioned by the Minister or the Commissioners, as the case may be, as if the protected structure had been transferred to the authority by the owner on that date.
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(4)For the purposes of subsection (3), an “annual sum” means a purchase annuity, a payment in lieu of rent, or any other annual sum that is not merely a rent under a contract of tenancy.
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Registration of acquired title and amendment of vesting order.
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76.—(1) On making a vesting order in relation to a protected structure, a planning authority shall send the order to the registering authority which, on receipt of the order, shall immediately cause the planning authority to be registered as owner of the land in accordance with the order.
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(2)On the application of any person, a planning authority may amend a vesting order made by the authority if— (a) the authority is satisfied that the vesting order contains an error, whether occasioned by it or otherwise, and (b) the error may be rectified without injustice to any person.
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(3)Where a copy of an order under subsection (2), amending a vesting order, is lodged with the registering authority, that authority shall rectify its register in such manner as may be necessary to make the register conform with the amending order.
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Compensation for interest in protected structure.
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77.—(1) Any person who, immediately before a vesting order is made, has any estate or interest in, or any right in respect of, the protected structure acquired by the order, may apply to the planning authority within one year (or such other period as the High Court, on application to it, may allow) after the making of the order for compensation in respect of the estate, interest or right.
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(2)On application under subsection (1), the planning authority shall, subject to subsection (4), pay to the applicant by way of compensation an amount equal to the value (if any) of the estate, interest or right.
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(3)The compensation to be paid by the planning authority under this section in relation to any estate, interest or right in respect of the protected structure shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 .
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(4)Where, after a planning authority makes a vesting order in relation to a protected structure, any sum (including a sum for costs) remains due to the authority by any person under an order of a court for payment of an amount due (whether under this Act or any other Act, or whether remaining due after deducting expenses reasonably incurred by the authority under this Act in relation to the structure), the amount of any compensation payable to that person under this section shall be reduced by the amount of that sum.
\n
(5)
\n
Section 69 to 79
\n
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 compensation to be paid by a planning authority under this section as if such compensation were a price or compensation under that Act as so amended.
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(6)Where money is paid into court by the planning authority under section 69 of the Lands Clauses Consolidation Act, 1845 , as applied by this section, 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.
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Use of protected structure acquired by planning authority.
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78.—A planning authority may— (a) use a protected structure acquired by it under this Act or any other enactment for any purpose connected with its functions, or (b) sell, let, transfer or exchange all or any part of that protected structure, and in so doing shall have regard to its protected status.
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Obligations of sanitary authorities in respect of protected structures.
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79.—(1) Before issuing a notice under section 3
\n
(1)of the Local Government (Sanitary Services) Act, 1964 , in respect of a protected structure or a proposed protected structure, a sanitary authority shall consider— (a) the protected status of the structure, and (b) whether, instead of a notice under section 3(1) of that Act, a notice should be issued under section 59
\n
(1)or section 11 of the Derelict Sites Act, 1990 .
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(2)As soon as practicable after serving or proposing to serve a notice in accordance with section 3
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(1)of the Local Government (Sanitary Services) Act, 1964 , in respect of a protected structure or a proposed protected structure, a sanitary authority shall inform the Minister for Arts, Heritage, Gaeltacht and the Islands of the particulars of the notice if he or she recommended that the structure be protected.
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(3)A sanitary authority which carries out works on a protected structure, or a proposed protected structure, under section 3
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(2)of the Local Government (Sanitary Services) Act, 1964 , shall as far as possible preserve that structure (or elements of that structure which may be of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest), in as much as the preservation of that structure is not likely to cause a danger to any person or property.
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(4)When carrying out works in accordance with section 3
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(2)of the Local Government (Sanitary Services) Act, 1964 , on a protected structure or a proposed protected structure, a sanitary authority shall, as soon as practicable, inform the Minister for Arts, Heritage, Gaeltacht and the Islands of the works if he or she recommended that the structure be protected.
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Grants to planning authorities in respect of functions under this Part.
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80.—With the consent of the Minister for Finance, the Minister may, out of moneys provided by the Oireachtas, make grants to planning authorities in respect of any or all of their functions under this Part, including grants for the purpose of defraying all or part of the expenditure incurred by them in— (a) assisting persons on whom notice is served under section 59
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(1)or 60
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(2)in carrying out works in accordance with the notice, and (b) assisting any other person in carrying out works to protected structures in accordance with such conditions as may be specified by a planning authority for the receipt of such assistance.
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Chapter II
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Architectural Conservation Areas and Areas of Special Planning Control Architectural conservation areas.
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81.—(1) A development plan shall include an objective to preserve the character of a place, area, group of structures or townscape, taking account of building lines and heights, that— (a) is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value, or (b) contributes to the appreciation of protected structures, if the planning authority is of the opinion that its inclusion is necessary for the preservation of the character of the place, area, group of structures or townscape concerned and any such place, area, group of structures or townscape shall be known as and is in this Act referred to as an “architectural conservation area”.
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(2)Where a development plan includes an objective referred to in subsection (1), any development plan that replaces the first-mentioned development plan shall, subject to any variation thereof under section 13 , also include that objective.
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Development in architectural conservation areas.
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82.—(1) Notwithstanding section 4
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(1)(h), the carrying out of works to the exterior of a structure located in an architectural conservation area shall be exempted development only if those works would not materially affect the character of the area.
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(2)In considering an application for permission for development in relation to land situated in an architectural conservation area, a planning authority, or the Board on appeal, shall take into account the material effect (if any) that the proposed development would be likely to have on the character of the architectural conservation area.
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Power to acquire structure or other land in architectural conservation area.
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83.—(1) A planning authority may acquire, by agreement or compulsorily, any land situated within an architectural conservation area if the planning authority is of the opinion— (a) that it is necessary to so do in order to preserve the character of the architectural conservation area, and (b) (i) the condition of the land, or the use to which the land or any structure on the land is being put, detracts, or is likely to detract, to a material degree from the character or appearance of the architectural conservation area, or (ii) the acquisition of the land is necessary for the development or renewal of the architectural conservation area or for the provision of amenities in the area.
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(2)A planning authority shall not compulsorily acquire any land under subsection (1) that is lawfully occupied as a dwelling house by any person other than a person employed therein as a caretaker.
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(3)Sections 71(2) to 78 of this Act shall, subject to any necessary modifications, apply to acquisitions under subsection (1) and references in those provisions to a protected structure shall, for the purposes of this section, be construed as references to a structure or other land situated within an architectural conservation area.
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Area of special planning control.
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84.—(1) A planning authority may, if it considers that all or part of an architectural conservation area is of special importance to, or as respects, the civic life or the architectural, historical, cultural or social character of a city or town in which it is situated, prepare a scheme setting out development objectives for the preservation and enhancement of that area, or part of that area, and providing for matters connected therewith.
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(2)Without prejudice to the generality of subsection (1), a scheme prepared under that subsection may include objectives (and provisions for the furtherance or attainment of those objectives) for— (a) the promotion of a high standard of civic amenity and civic design; (b) the preservation and protection of the environment, including the architectural, archaeological and natural heritage; (c) the renewal, preservation, conservation, restoration, development or redevelopment of the streetscape, layout and building pattern, including the co-ordination and upgrading of shop frontages; (d) the control of the layout of areas, density, building lines and height of structures and the treatment of spaces around and between structures; (e) the control of the design, colour and materials of structures, in particular the type or quality of building materials used in structures; (f) the promotion of the maintenance, repair or cleaning of structures; (g) the promotion of an appropriate mix of uses of structures or other land; (h) the control of any new or existing uses of structures or other land; (i) the promotion of the development or redevelopment of derelict sites or vacant sites; or (j) the regulation, restriction or control of the erection of advertisement structures and the exhibition of advertisements.
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(3)A scheme prepared under subsection (1) shall be in writing and shall be consistent with the objectives of the relevant development plan and any local area plan or integrated area plan (within the meaning of the Urban Renewal Act, 1998 ) in force relating to the area to which the scheme relates.
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(4)(a) A scheme prepared under subsection (1) shall indicate the period for which the scheme is to remain in force. (b) A scheme may indicate the order in which it is proposed that the objectives of the scheme or provisions for their furtherance or attainment will be implemented.
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(5)A scheme shall contain information, including information of such class or classes as may be prescribed by the Minister, on the likely significant effects on the environment of implementing the scheme.
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(6)In this section, and sections 85 and 86— “city” means a county borough; “town” means a borough (other than a county borough), an urban district or a town having town commissioners that has a population in excess of 2,000.
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Special planning control scheme.
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85.—(1) Subsection (2), (3), (4), (5) and (6) shall, upon the passing of a resolution by the planning authority concerned, be complied with in relation to the scheme specified in the resolution.
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(2)The planning authority shall, as soon as may be after the passing of a resolution under subsection (1)— (a) notify in writing the Minister, the Board and such other persons as may be prescribed, of the preparation of the scheme, (b) send copies of the scheme to each of the persons referred to in paragraph (a), and (c) publish a notice of the preparation of the scheme in one or more newspapers circulating in the city or town concerned.
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(3)A notice under subsection (2) shall—