Local Government (Planning and Development) Act, 1998

In short

This law amends and extends previous Local Government (Planning and Development) Acts, specifically addressing matters related to An Bord Pleanála, which is the independent planning appeals board. It primarily focuses on the composition and operation of this Board.

What it regulates

The number of members on An Bord Pleanála.
The process for appointing additional members to the Board.
The indemnification of Board members, employees, and service providers for duties discharged in good faith.
The continuity in office for existing Board members.

Who it concerns

An Bord Pleanála, including its chairman, ordinary members, and employees.
The Minister, who can make orders regarding the Board's composition and appointments.
Organisations prescribed for selecting additional Board members.

Key points

The Board shall consist of a chairman and five other members, subject to changes by the Minister.
The Minister may increase the number of ordinary members if the workload necessitates it, with a draft order laid before each House of the Oireachtas for approval.
Temporary appointments of additional ordinary members, not exceeding nine months, can be made in urgent situations.
The Board must indemnify members, employees, or service providers who discharge their duties in a bona fide manner against claims.

Legal text

Local Government (Planning and Development) Act, 1998 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1998 Local Government (Planning and Development) Act, 1998 Local Government (Planning and Development) Act, 1998 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 9 of 1998 LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1998 ARRANGEMENT OF SECTIONS Section 1. Amendment of Local Government (Planning and Development) Act, 1983. 2. Indemnification. 3. Continuance in office of members of Board. 4. Short title, collective citation and construction. Acts Referred to Civil Service Regulation Act, 1956 1956, No. 46 Local Government (Planning and Development) Act, 1976 1976, No. 20 Local Government (Planning and Development) Act, 1983 1983, No. 28 Local Government (Planning and Development) Act, 1992 1992, No. 14 Local Government (Planning and Development) Acts, 1963 to 1993 Number 9 of 1998 LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1998 AN ACT TO AMEND AND EXTEND THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1993, TO PROVIDE FOR CERTAIN MATTERS RELATING TO AN BORD PLEANÁLA. [16th April, 1998] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Amendment of Local Government (Planning and Development) Act, 1983. 1.—The Local Government (Planning and Development) Act, 1983 , is hereby amended— (
a)by the substitution for section 3 of the following section: “3.—

(1)Subject to subsections

(2)and

(4)of this section, the Board shall consist of a chairman and five other members.

(2)The Minister may by order increase the number of ordinary members where he or she is of the opinion that the number of appeals, references or other matters with which the Board is concerned is at such a level so as to necessitate the appointment of an additional Board member or members to enable the Board fulfil its duty and objective under section 2 of the Local Government (Planning and Development) Act, 1992 .

(3)Where an order is proposed to be made under subsection

(2)of this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(4)(a) Notwithstanding subsection

(2)of this section or subsection

(2)of section 7 of this Act, where the Minister is of the opinion that one or more than one additional ordinary member should be appointed as a matter of urgency due to the number of appeals, references or other matters with which the Board is concerned, the Minister may, pending the making and approval of an order under subsections

(2)and

(3)of this section, appoint one or more than one person from among the officers of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 and the employees of the Board, on a temporary basis. (b) A person shall not be appointed to be an ordinary member under this subsection for a term in excess of nine months.

(5)An order made under subsection

(2)of this section shall have effect for such a period not exceeding five years as shall be specified therein.”, and (b) by the insertion in section 7 after subsection

(2)of the following subsection: “(2A) Where the Minister decides to appoint an additional member or members to the Board pursuant to an order under section 3

(2)of this Act (as inserted by section 1 of the Local Government (Planning and Development) Act, 1998) that member or those members shall be appointed from among persons selected by the organisations which for the time being stand prescribed for the purposes of paragraphs (a), (b), (c) and (d) of subsection

(2)of this section: provided that— (a) where not more than four additional members are appointed pursuant to an order under section 3

(2)of this Act, not more than one shall be appointed from among persons selected by organisations which for the time being stand prescribed for the purposes of a particular paragraph of subsection

(2)of this section; (b) where more than four but not more than eight additional members are appointed pursuant to an order under section 3

(2)of this Act, not more than two shall be appointed from among persons selected by organisations which for the time being stand prescribed for the purposes of a particular paragraph of subsection

(2)of this section.”. Indemnification. 2.—Where the Board is satisfied that a member of the Board, an employee of the Board or a person whose services are provided to the Board under sections 10

(2), 13

(1)and 21

(3)of the Local Government (Planning and Development) Act, 1976 , has discharged his or her duties in relation to the functions of the Board in a bona fide manner, it shall indemnify such member, employee or person against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties. Continuance in office of members of Board. 3.—Any member of the Board in office immediately prior to the passing of this Act shall continue in office as if this Act had not been enacted. Short title, collective citation and construction. 4.—

(1)This Act may be cited as the Local Government (Planning and Development) Act, 1998.

(2)The Local Government (Planning and Development) Acts, 1963 to 1993, and this Act may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1998.

(3)This Act and the Local Government (Planning and Development) Acts, 1963 to 1993, shall be construed together as one Act. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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