Local Government (Planning and Development) Act, 1963

Local Government (Planning and Development) Act, 1963 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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1963 Local Government (Planning and Development) Act, 1963 Local Government (Planning and Development) Act, 1963 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 Print Full ActPriontáil an tAcht Iomlán Number 28 of 1963. LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title and commencement. 2. Interpretation. 3. Development. 4. Exempted development. 5. References to the Minister. 6. Power of examination, investigation and survey. 7. Service of notices, etc. 8. Register. 9. Obligation to give information to planning authority. 10. Regulations generally. 11. Repeals. PART II. Financial Provisions. 12. Expenses of administration of Minister. 13. Charging of expenses of planning authority who are council of a county. 14. Assistance by planning authority in certain cases. 15. Contribution towards training and research. 16. Apportionment of joint expenses. 17. Power to set off. 18. Payment of sum to or by appellant. PART III. Development Plans. 19. Obligation to make development plan and contents of plan. 20. Obligation to review development plan and variations of plan. 21. Publication of notices with respect to plans, etc. 22. General duty of planning authority. 23. Preparation and publication of model forms of development plans. PART IV. Control of Development and of Retention of Certain Structures, etc. 24. General obligation to obtain permissions. 25. Permission regulations. 26. Permission for development. 27. Permission for retention of structures. 28. Supplemental provisions as to grant of permission. 29. Obligation to purchase land on refusal of permission in certain cases. 30. Revocation and modification of permission. 31. Enforcement of planning control (development). 32. Enforcement of planning control (retention of structure). 33. Enforcement of planning control (structure which is unauthorised structure on commencement of appointed day). 34. Liability of owner of land for failure to comply with requirements of enforcement notice other than discontinuance of use of land. 35. Enforcement of planning control (development commenced and not carried out in conformity with permission). 36. Requiring removal or alteration of structure. 37. Requiring discontinuance of use. 38. Agreements regulating development or use of land. 39. Restrictions on certain local authorities. 40. Permission not required in certain cases. 41. Registering of applications. PART V. Amenities. 42. Area of special amenity. 43. Confirmation of order under Section 42 of this Act. 44. Requiring removal or alteration of hedge. 45. Tree preservation orders. 46. Conservation orders. 47. Creation of public rights of way pursuant to agreement. 48. Compulsory powers for creation of public rights of way. 49. Supplemental provisions with respect to public rights of way. 50. Planting of trees, shrubs and other plants. 51. Noise and vibration. 52. Litter. 53. Exhibition of advertisements on certain structures, etc. 54. Repair and tidying of advertisement structures and advertisements. PART VI. Compensation. 55. Compensation (refusal of permission or grant of permission subject to conditions). 56. Compensation excluded in respect of certain matters. 57. Compensation excluded if certain other development permitted or if compensation already paid. 58. Restrictions on sections 56 and 57. 59. Compensation (revocation or Modification of permission). 60. Compensation in relation to section 36. 61. Compensation in relation to section 37. 62. Compensation in relation to section 44. 63. Compensation in relation to section 48. 64. Compensation in relation to section 83. 65. Compensation in relation to section 85. 66. Compensation in relation to direction under the Act of 1934. 67. Regulations in relation to Compensation. 68. Determination of claim for payment of compensation. 69. Amendment of section 2 of the Act of 1919. 70. Prohibition of double compensation. 71. Recovery from planning authority of compensation. 72. Registration of compensation. 73. Recovery by planning authority of compensation on subsequent development. PART VII. Acquisition of Land, etc. 74. Appropriation of land to purposes of functions under this Act. 75. Disposal of land by planning authority. 76. Extinguishment of public right of way. 77. Development by planning authority, etc. 78. Public notice of development proposed to be carried out by certain local authorities. 79. Amendment of Landlord and Tenant Acts, 1931 and 1958. PART VIII. Miscellaneous. 80. Prosecution of offences by planning authority. 81. Restriction on exercise of power of entry of planning authority and obstruction of approved entry. 82. Supplemental provisions relating to references and appeals. 83. Power of authorised person to enter on land. 84. Consultation by State authorities. 85. Cables, wires and pipelines. 86. Building regulations. 87. Relaxation of building regulations. 88. Appeal against refusal by planning authority to relax building regulations. 89. Petrol pumps, etc., on public roads. 90. Saving for national monuments. 91. Amendment of Section 42 of Public Health (Ireland) Act, 1878. 92. Transitional. FIRST SCHEDULE. Towns. SECOND SCHEDULE. Repeals. THIRD SCHEDULE. Purposes for which Objectives may be indicated in Development Plan. FOURTH SCHEDULE. Rules inserted in Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919. FIFTH SCHEDULE. Matters for which Building Regulations may prescribe Standards. Acts Referred to Acquisition of Land (Assessment of Compensation) Act, 1919 1919, c. 57 Town and Regional Planning Act, 1934 1934, No. 22 Local Government Act, 1941 1941, No. 23 Towns Improvement (Ireland) Act, 1854 1854, c. 103 Road Traffic Act, 1961 1961, No. 24 Foreshore Act, 1933 1933, No. 12 Land Reclamation Act, 1949 1949, No. 25 Local Government (No. 2) Act, 1960 1960, No. 40 Town and Regional Planning (Amendment) Act, 1939 1939, No. 11 Housing (Miscellaneous Provisions) Act, 1931 1931, No. 50 Lands Clauses Consolidation Act, 1845 1845, c. 19 Working Classes Act, 1890 1890 c. 70 Rent Restrictions Act, 1960 1960, No. 42 Landlord and Tenant Act, 1931 1931, No. 2 Landlord and Tenant (Reversionary Leases) Act, 1958 1958, No. 2 Public Health (Ireland) Act, 1878 1878, c. 52 Public Health Acts Amendment Act, 1890 1890, c. 59 Public Health (Ireland) Act, 1878 1878, c. 52 Interpretation Act, 1937 1937, No. 38 Cork Improvement Act, 1868 31 & 32 Vic., c. xxxiii Dublin Corporation Act, 1890 53 & 54 Vic., c. ccxlvi Local Government Act, 1925 1925, No. 5 Number 28 of 1963. LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963. AN ACT TO MAKE PROVISION, IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROPER PLANNING AND DEVELOPMENT OF CITIES, TOWNS AND OTHER AREAS, WHETHER URBAN OR RURAL (INCLUDING THE PRESERVATION AND IMPROVEMENT OF THE AMENITIES THEREOF), TO MAKE CERTAIN PROVISIONS WITH RESPECT TO ACQUISITION OF LAND, TO REPEAL THE TOWN AND REGIONAL PLANNING ACTS, 1934 AND 1939, AND CERTAIN OTHER ENACTMENTS AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [7th August, 1963.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title and commencement. 1.—(1) This Act may be cited as the Local Government (Planning and Development) Act, 1963. (2) This Act shall come into operation as follows: (a) this section shall come into operation on the passing of this Act, (b) sections 86, 87 and 88 and subsection (5) of section 92 shall come into operation on the day fixed for that purpose by the Minister for Local Government by order, (c) if an order is made under paragraph (a) of subsection (3) of this section, the rest of this Act shall come into operation on the day appointed by that order, (d) if an order is not made under paragraph (a) of subsection (3) of this section, the rest of this Act shall come into operation in an area on the day appointed with respect to that area by order made under paragraph (b) of that subsection. (3) The Minister for Local Government— (a) may by order appoint a day to be the day appointed under this Act, or (b) may by orders appoint two or more different days to be, with respect to different areas respectively, the days appointed under this Act. Interpretation. 2.—(1) In this Act, save where the context otherwise requires— “the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919 ; “the Act of 1934” means the Town and Regional Planning Act, 1934 (repealed by this Act); “advertisement” means any word, letter, model, balloon, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction; “advertisement structure” means any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for exhibiting advertisements; “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, the use of land for turbary, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly; “alteration” includes any plastering or painting which materially alters the external appearance of a structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures; “appointed day” means— (a) if a day is appointed under paragraph (a) of subsection (3) of section 1 of this Act, that day, and (b) if a day is not appointed under that paragraph, the day appointed under paragraph (b) of that subsection with respect to the relevant area; “building regulations” has the meaning assigned to it by section 86; “car park” has the same meaning as in section 101 of the Road Traffic Act, 1961 ; “development” has the meaning assigned to it by section 3, and “develop” shall be construed accordingly; “development plan” has the meaning appropriate in accordance with subsection (9) of section 19; “exempted development” has the meaning specified in section 4; “exhibit”, in relation to an advertisement, includes affix, inscribe, print, paint and otherwise delineate; “fence” includes a hoarding or similar structure; “functions” includes powers and duties; “land” includes any structure and any land covered with water (whether inland or coastal) and, in relation to the acquisition of land, includes any interest or right in or over land (including an interest or right granted by or held from the authority acquiring the land); “local authority” means a local authority for the purposes of the Local Government Act, 1941 ; “the Minister” means the Minister for Local Government; “non-municipal town” means a place (not being a county borough, borough, urban district or town in which the Towns Improvement (Ireland) Act, 1854 , is in operation) which is designated a town in the report of the census of population taken in the year 1956; “obsolete area” means an area consisting of land (in this definition referred to as the principal land) which, in the opinion of the planning authority, is badly laid out or the development of which has, in their opinion, become obsolete, together with such land contiguous or adjacent to the principal land as, in the opinion of the planning authority, is necessary for the satisfactory development or user of the principal land; “owner”, in relation to land, means, a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let; “prescribed” means prescribed by regulations made by the Minister; “public place” means any street, road, seashore or other place to which the public have access whether as of right or by permission and whether subject to or free of charge; “public road” has the same meaning as in the Road Traffic Act, 1961 ; “the register” means the register kept under section 8; “reserved function” means— (a) with respect to the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1955, a reserved function for the purposes of the County Management Acts, 1940 to 1955, (b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough; “road” has the same meaning as in the Road Traffic Act, 1961 ; “scheduled town” means— (a) any town specified in Part I of the First Schedule to this Act, or (b) any non-municipal town specified in Part II of that Schedule; “seashore” has the same meaning as in the Foreshore Act, 1933 ; “special amenity area order” means an order confirmed under section 43; “statutory undertaker” means a person authorised by a British or Saorstát Éireann statute or an Act of the Oireachtas or an order having statutory force to construct, work, or carry on a railway, canal, inland navigation, dock, harbour, gas, electricity, or other public undertaking; “structure” means any building, erection, structure, excavation, or other thing constructed, erected, or made on, in, or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situate; “unauthorised structure” means— (a) in relation to a structure in an area in relation to which a resolution under section 26 of the Act of 1934 was passed, a structure other than— (i) a structure in existence when that resolution was passed, (ii) a structure for which there was a general or special permission under that Act, being a permission which has not been revoked, (iii) a structure the construction, erection or making of which was the subject of a permission for development granted under section 26 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out on or after the appointed day of exempted development, (iv) a structure for the retention of which a permission was granted under section 27 of this Act, being a permission which has not been revoked, (v) a structure which, immediately before the appointed day, had the protection afforded by section 15 of the Act of 1934, or (b) in relation to a structure in any other area, a structure other than— (i) a structure in existence on the commencement of the appointed day, or (ii) a structure the construction, erection or making of which was the subject of a permission for development granted under section 26 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out on or after the appointed day of exempted development; “unauthorised use” means, in relation to land, use commenced on or after the appointed day, the change in use being a material change and being development other than development the subject of a permission granted under section 26 of this Act or exempted development; “use”, in relation to land, does not include the use of the land by the carrying out of any works thereon; “works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal. (2) In this Act “planning authority” means— (a) in the case of a county exclusive of any borough or urban district therein, the council of the county, (b) in the case of a county or other borough, the corporation of the borough, and (c) in the case of an urban district, the council of the district, and references to the area of the planning authority shall be construed accordingly. (3) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision. (4) Any reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers. (5) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act. (6) (a) A town specified in Part II of the First Schedule to this Act shall be taken for the purposes of this Act as comprising the area declared by the council of the county in which the town is situate to be comprised therein for those purposes. (b) Declaration of any such area shall be a reserved function. (7) In subsection (1) of section 22 , subsection (1) of section 26 , subsection (1) of section 27 , subsection (2) of section 30 , subsection (2) of section 31 , subsection (2) of section 32 , subsection (2) of section 33 , subsection (2) of section 35 , subsection (3) of section 36 and subsection (3) of section 37 of this Act— (a) the references to the provisions of the development plan shall, until that plan is made, be construed as references to the provisions which the planning authority consider will be included in that plan; (b) the references to the provisions of any special amenity area order relating to the area of the planning authority shall be construed as including references to any provisions which the planning authority consider will be included in a special amenity area order relating to their area. (8) The Minister may by order vary the First Schedule to this Act by addition or deletion, but, where any such order is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House. Development. 3.—(1) “Development” in this Act means, save where the context otherwise requires, the carrying out of any works on, in, or under land or the making of any material change in the use of any structures or other land. (2) For the purposes of subsection (1) of this section and without prejudice to the generality thereof— (a) where any structure or other land or any tree or other object on land becomes used for the exhibition of advertisements, or (b) where land becomes used for any of the following purposes: (i) the placing or keeping of any vans, tents or other objects, whether or not moveable and whether or not collapsible, for the purpose of caravanning or camping or the sale of goods, (ii) the storage of caravans or tents, (iii) the deposit of bodies or other parts of vehicles, old metal, mining or industrial waste, builders' waste, rubble or debris, the use of the land shall be taken as having materially changed. (3) For the avoidance of doubt it is hereby declared that for the purposes of this section the use as two or more dwellings of any structure previously used as a single dwelling involves a material change in the use of the structure and of each part thereof which is so used. Exempted development. 4.—(1) The following shall be exempted developments for the purposes of this Act: (a) development consisting of the use of any land for the purposes of agriculture or forestry (including afforestation), and development consisting of the use for any of those purposes of any building occupied together with land so used; (b) development by the council of a county in the county health district; (c) development by the corporation of a county or other borough in such borough; (d) development by the council of an urban district in such district; (e) development consisting of the carrying out by the corporation of a county or other borough or the council of a county or an urban district of any works required for the construction of a new road or the maintenance or improvement of a road; (f) development consisting of the carrying out by any local authority or statutory undertaker of any works for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, cables, overhead wires, or other apparatus, including the breaking open of any street or other land for that purpose; (g) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures; (h) development consisting of the use of any structure or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such; (i) development consisting of the carrying out of any of the works referred to in the Land Reclamation Act, 1949 . (2) (a) The Minister may by regulations provide for any class of development being exempted development for the purposes of this Act and such provision may be either without conditions or subject to conditions and either general or confined to a particular area or place. (b) Regulations under this subsection may, in particular and without prejudice to the generality of the foregoing paragraph, provide, in the case of structures or other land used for a purpose of any specified class, for the use thereof for any other purpose being exempted development for the purposes of this Act. (3) References in this Act to exempted development shall be construed as references to development which is— (a) any of the developments specified in subsection (1) of this section, or (b) development which, having regard to any regulations under subsection (2) of this section, is exempted development for the purposes of this Act. References to the Minister. 5.—(1) If any question arises as to what, in any particular case, is or is not development or exempted development, the question shall be referred to and decided by the Minister. (2) Where a decision is given under this section, an appeal to the High Court from the decision may be taken at any time within the period of three months after the giving of the decision or such longer period as the High Court may in any particular case allow. Power of examination, investigation and survey. 6.—(1) A planning authority shall have all such powers of examination, investigation and survey as may be necessary for the performance of their functions in relation to this Act or to any other Act under which they have functions affected by the performance of their functions under this Act. (2) In particular and without prejudice to the generality thereof, subsection (1) of this section shall be construed as conferring powers to make— (a) examinations of tourist potential, interest and need, (b) land use surveys, (c) traffic, sociological and demographic surveys. Service of notices, etc. 7.—(1) Where a notice or copy of an order is required or authorised by this Act or any order or regulation made thereunder to be served on or given to a person, it shall be addressed to him and shall be served on or given to him in some one of the following ways: (a) where it is addressed to him by name, by delivering it to him; (b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address; (d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be given or served in respect of any land or premises, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises. (2) Where a notice or copy of an order is required by this Act or any order or regulation made thereunder to be served on or given to the owner or to the occupier of any land or premises and the name of the owner or of the occupier (as the case may be) cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier” (as the case may require) without naming him. (3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1959, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. (4) Where a notice or copy of an order is served on or given to a person by affixing it under paragraph (d) of subsection (1) of this section, a copy of the notice or order shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided. (5) A person who, at any time during the period of three months after a notice is affixed under paragraph (d) of subsection (1) of this section, removes, damages or defaces the notice without lawful authority shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. (6) Where the Minister is satisfied that reasonable grounds exist for dispensing with the serving or giving under this Act or under any order or regulation made thereunder of a notice or copy of an order and that dispensing with the serving or giving of the notice or copy will not cause injury or wrong, he may dispense with the serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof. (7) A dispensation under the foregoing subsection may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent. Register. 8.—(1) A planning authority shall keep a register (in this Act referred to as the register) for the purposes of this Act in respect of all land within their area affected by this Act, and shall make all such entries and corrections therein as may from time to time be appropriate in accordance with this Act and any regulations made thereunder. (2) The register shall incorporate a map for enabling a person to trace any entry in the register. (3) The register shall be kept at the offices of the planning authority and shall be available for inspection during office hours. (4) (a) A document purporting to be a copy of an entry in the register and to be certified by an officer of the planning authority as a correct copy shall be prima facie evidence of the entry and it shall not be necessary to prove the signature of such officer or that he was in fact such officer. (b) Evidence of an entry in the register may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the register itself. (c) Where application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him to the planning authority of a fee of ten shillings in respect of each entry. Obligation to give information to planning authority. 9.—(1) A planning authority may, for any purpose arising in relation to their functions under this Act, by notice in writing require the occupier of any structure or other land or any person receiving, whether for himself or for another, rent out of any structure or other land to state in writing to such authority, within a specified time not less than fourteen days after being so required, particulars of the estate, interest, or right by virtue of which he occupies such structure or other land or receives such rent (as the case may be), and the name and address (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such structure or other land. (2) Every person who is required under this section to state in writing any matter or thing to a planning authority and either fails so to state such matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his knowledge false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty pounds. Regulations generally. 10.—(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations. (2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Repeals. 11.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. PART II. Financial Provisions. Expenses of administration of Minister. 12.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas. Charging of expenses of planning authority who are council of a county. 13.—Expenses under this Act of a planning authority who are the council of a county shall be charged on the county (exclusive of every borough and urban district therein). Assistance by planning authority in certain cases. 14.—(1) A planning authority may assist any of the bodies and persons specified in subsection (2) of this section by helping the body or person in money or kind or by the provision of services or facilities (including the services of staff). (2) The bodies and persons referred to in subsection (1) of this section are: (a) a local development association, (b) a company under the Companies Acts, 1908 to 1959, having as one of its objects the object of providing amenities and facilities at tourist resorts and developing tourist traffic at or to such resorts, (c) a body or person concerned, with respect to the area of the planning authority, in the preservation or development of amenities (including the preservation of flora and fauna and of buildings, caves, sites, features and objects of artistic, architectural, archaeological, geological or historical interest) or in the carrying out of works of local improvement (including parking places) or maintenance of amenities, (d) in case the planning authority are the council of a county, the commissioners of a town in the county having commissioners. (3) Assisting under this section shall be a reserved function. Contribution towards training and research. 15.—(1) A planning authority may, within such limits and on such conditions as may be fixed by the Minister from time to time, contribute to the funds of any body which provides for training and research in relation to town and regional planning. (2) Contributing under this section shall be a reserved function. Apportionment of joint expenses. 16.—(1) Two or more planning authorities may make and carry out an agreement for sharing the cost of performing all or any of their functions under this Act and, where an agreement has been made under this subsection, the planning authorities concerned may terminate it at any time if they so agree. (2) Where the Minister is satisfied that a planning authority propose to perform in their area a function under this Act wholly or partially in the interests of the area of, or at the request of, another planning authority (being a planning authority whose area is contiguous with the area of the first-mentioned planning authority), the other planning authority shall defray the cost of the performance of the function to such extent as may be agreed upon between the authorities or, in default of agreement, as may be determined by the Minister. (3) The making of an agreement under this section shall be a reserved function. Power to set off. 17.—Where a sum is due under this Act to any person by a planning authority and, at the same time, another sum under this Act is due by that person to that authority, the former sum may be set off against the latter either, as may be appropriate, in whole or in part. Payment of sum to or by appellant. 18.—(1) Where an appeal is made to the Minister under this Act or under any order under this Act against a decision of a planning authority— (a) the Minister, if he so thinks proper and irrespective of the result of the appeal, may direct the planning authority to pay— (i) to the appellant, such sum as the Minister, in his absolute discretion, specifies as compensation to the appellant for the expense occasioned to him in relation to the appeal, (ii) to the Minister, such sum as, in his absolute discretion, he specifies as compensation to him towards the expense incurred by him in relation to the hearing of the appeal; (b) if, but only if, the appeal fails, the Minister, if he so thinks proper, may direct the appellant to pay— (i) to the planning authority, such sum as the Minister, in his absolute discretion, specifies as compensation to the planning authority for the expense occasioned to them in relation to the appeal, (ii) to the Minister, such sum as, in his absolute discretion, he specifies as compensation to him towards the expense incurred by him in relation to the hearing of the appeal. (2) Any sum directed under this section to be paid shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction. PART III. Development Plans. Obligation to make development plan and contents of plan. 19.—(1) Every planning authority shall, within the period of three years beginning on the appointed day (or such longer period as the Minister may in any particular case allow), make a plan indicating development objectives for their area. (2) A development plan shall consist of a written statement and a plan indicating the development objectives for the area in question, including objectives— (a) with respect to county boroughs, boroughs, urban districts and scheduled towns— (i) for the use solely or primarily (as may be indicated in the development plan) of particular areas for particular purposes (whether residential, commercial, industrial, agricultural or otherwise), (ii) for securing the greater convenience and safety of road users and pedestrians by the provision of parking places or road improvements or otherwise, (iii) for development and renewal of obsolete areas, (iv) for preserving, improving and extending amenities; (b) with respect to other areas— (i) for development and renewal of obsolete areas, (ii) for preserving, improving and extending amenities, (iii) for the provision of new water supplies and sewerage services and the extension of existing such supplies and services. (3) Without prejudice to the foregoing subsection and subsection (5) of this section, a development plan may indicate the objectives for any of the purposes mentioned in the Third Schedule to this Act and, with respect to areas other than county boroughs, boroughs, urban districts and scheduled towns, objectives for the use solely or primarily (as may be indicated in the development plan) of particular areas for particular purposes (whether residential, commercial, industrial, agricultural or otherwise). (4) Where a planning authority propose to include in a development plan any development objective the responsibility for the effecting of which would fall on another local authority, the planning authority shall not include that objective in the plan save after consultation with the other local authority. (5) A planning authority may make either— (a) one development plan, being a plan in relation to the whole of their area and all the subparagraphs in paragraph (a) and, where appropriate, paragraph (b) of subsection (2) of this section, or (b) two or more development plans, each plan being a plan in relation to the whole of their area and some one or more of those subparagraphs or to a part of their area and all or some one or more of those subparagraphs. (6) (a) The making of an application to the Minister for the allowance of such a longer period as is referred to in subsection (1) of this section shall be a reserved function. (b) Where a planning authority have applied to the Minister for the allowance of such a longer period as is referred to in subsection (1) of this section, they shall cause notice of the application to be published in at least one newspaper circulating in their area and in the Iris Oifigiúil. (c) A notice under the foregoing paragraph— (i) shall specify the longer period applied for, and (ii) shall state that objections with respect to the application made to the Minister within a specified period of not less than one month will be taken into consideration before the grant of the application (and such objections shall be taken into consideration accordingly). (7) The making of a development plan or any variations of any such plan shall be a reserved function. (8) Regulations may make provision with respect to the making available for purchase by the public of printed copies of development plans and extracts therefrom. (9) (a) Any reference in this Act to a development plan shall be construed as a reference to a plan under subsection (1) of this section (subject to any variations thereof). (b) In this Act “the development plan” means the plan or plans under subsection (1) of this section of the relevant planning authority (subject to any variations thereof). Obligation to review development plan and variations of plan. 20.—(1) Where a planning authority have made a development plan, they shall, from time to time as occasion may require and at least once in every five years after the date of making of the plan, review the plan and make in it any variations (whether by way of alteration, addition or deletion) which they consider proper. (2) Where a planning authority have completed the discharge of their obligations under section 19 of this Act by making two or more plans as provided for by paragraph (b) of subsection (5) of that section, the periods of five years referred to in subsection (1) of this section shall run from the date of making the last of such plans. Publication of notices with respect to plans, etc. 21.—(1) Where a planning authority have prepared a draft of a proposed development plan or of proposed variations of a development plan— (a) they shall send copies of the prescribed documents to the prescribed authorities, (b) they shall cause notice of the preparation of the draft to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area, (c) where the draft includes any provision relating to any structure proposed to be preserved because of its artistic, historic or architectural interest, they shall serve notice (which shall incorporate particulars of the provision) of the preparation of the draft on the owner and on the occupier of the structure, (d) where the draft includes any provision relating to the preservation of a public right of way, they shall serve notice (which shall incorporate particulars of the provision and a map indicating the right of way) of the preparation of the draft on the owner and on the occupier of the land. (2) A notice under the foregoing subsection shall state— (a) that a copy of the draft may be inspected at a stated place and at stated times during a stated period of not less than three months (and the copy shall be kept available for inspection accordingly), and (b) that objections or representations with respect to the draft made to the planning authority within the said period will be taken into consideration before the making of the plan or variations (and any such objections or representations shall be taken into consideration accordingly), and (c) that any ratepayer making objection with respect to the draft may include in his objection a request to be afforded an opportunity to state his case before a person or persons appointed by the planning authority (and such opportunity shall be afforded to such objector and his statement shall be considered together with his objection), and, in the case of a notice served pursuant to paragraph (d) of subsection (1) of this section, the notice shall also state that the draft includes provision relating to the preservation of the public right of way and that there is a right of appeal to the Circuit Court in relation to such provision. (3) Any person may, before the expiration of the twenty-one days next following the period stated pursuant to paragraph (a) of subsection (2) of this section, appeal to the Circuit Court against the inclusion in the proposed plan or variations of any such provision as is referred to in paragraph (d) of subsection (1) of this section, and the Court, if satisfied that no public right of way subsists, shall so declare and the provision shall accordingly not be included. (4) Where a planning authority make a development plan or variations of any such plan, they shall cause a notice of the making to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area. (5) A notice under the foregoing subsection shall state that a copy of the plan or variations is available for inspection at a stated place and at stated times (and the copy shall be kept available for inspection accordingly). (6) (a) A document purporting to be a copy of the development plan or of a part thereof and to be certified by an officer of a planning authority as a correct copy shall be prima facie evidence of the plan or part, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer. (b) Evidence of a development plan or any part thereof may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself. (c) Where application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him to the planning authority of such fee as they may fix not exceeding the reasonable cost of making the copy. General duty of planning authority. 22.—(1) It shall be the duty of a planning authority to take such steps as may be necessary for securing the objectives which are contained in the provisions of the development plan. (2) The Minister may require the development plans of two or more planning authorities to be co-ordinated in respect of matters and in a manner specified by him and thereupon— (a) the authorities shall comply with the requisition, and (b) any dispute between them arising out of any matters inserted or to be inserted in a development plan shall be determined by the Minister. (3) The Minister may require a planning authority to vary the development plan in respect of matters and in a manner specified by him and thereupon it shall be the duty of the authority to comply with the requisition. (4) Subsection (3) of this section shall have effect subject to the proviso that where the planning authority, as a result of considering pursuant to paragraph (b) of subsection (2) of section 21 of this Act any objection or representation, decide, with the consent of the Minister, that the proposed variations should be altered in any respect, they may make the variations subject to that alteration. Preparation and publication of model forms of development plans. 23.—The Minister may, as and when he thinks fit, prepare and publish, for the use and guidance of planning authorities and other persons interested, general instructions in relation to the preparation of development plans, together with model forms of development plans and of provisions and clauses usually inserted in such plans. PART IV. Control of Development and of Retention of Certain Structures, etc. General obligation to obtain permissions. 24.—(1) Subject to the provisions of this Act, permission shall be required under this Part of this Act— (a) in respect of any development of land, being neither exempted development nor development commenced before the appointed day, and (b) in the case of a structure which existed immediately before the appointed day and is on the commencement of that day an unauthorised structure, for the retention of the structure. (2) A person shall not carry out any development in respect of which permission is required by subsection (1) of this section save under and in accordance with a permission granted under this Part of this Act. (3) Any person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the contravention is so continued. (4) In a prosecution for an offence under this section— (a) it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the development in question was neither exempted development nor development commenced before the appointed day, (b) it shall be a good defence if the defendant produces a permission which, by virtue of subsection (1) of section 28 of this Act, was granted in respect of the development complained of. Permission regulations. 25.—(1) The Minister shall by regulations (in this Act referred to as permission regulations) provide for— (a) the grant of permissions for the development of land, and (b) the grant of permissions for the retention of structures which existed immediately before the appointed day and are on that day unauthorised structures, and such permissions may be granted on an application in that behalf made to the planning authority in accordance with the provisions of the regulations and subject to any requirements of or made pursuant to the regulations being complied with by the applicant. (2) Regulations under this section may, in particular and without prejudice to the generality of the foregoing subsection, make provision for— (a) applications, expressed to be outline applications, for permissions for development subject to the subsequent approval of the planning authority, (b) requiring any applicants to publish any specified notices with respect to their applications, (c) requiring any applicants to furnish to the Minister and to any other specified persons any specified information with respect to their applications, (d) requiring any applicants to submit any further information relative to their applications (including any information as to any estate or interest in or right over land), (e) requiring the production of any evidence to verify any particulars of information given by any applicants, (f) requiring planning authorities to furnish to the Minister and to any other specified persons any specified information with respect to any applications and the manner in which they have been dealt with, (g) requiring planning authorities to publish any specified notices with respect to any applications or decisions on applications. Permission for development. 26.—(1) Where— (a) application is made to a planning authority in accordance with permission regulations for permission for the development of land or for an approval required by such regulations, and (b) any requirements relating to the application of or made under such regulations are complied with, the authority may decide to grant the permission or approval subject to or without conditions or to refuse it; and in dealing with any such application the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the matters referred to in subsection (2) of this section. (2) Conditions under subsection (1) of this section may, without prejudice to the generality of that subsection, include all or any of the following conditions: (a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant, so far as appears to the planning authority to be expedient for the purposes of or in connection with the development authorised by the permission, (b) conditions for requiring the carrying out of works (including the provision of car parks) which the planning authority consider are required for the purposes of the development authorised by the permission, (c) conditions for requiring provision of open spaces, (d) conditions for requiring the planting of trees, shrubs or other plants or the landscaping of structures or other land, (e) conditions for requiring the giving of security for satisfactory completion of the proposed development (including maintenance until taken in charge by the local authority concerned of roads, open spaces, car parks, sewers, watermains or drains), (f) conditions for requiring roads, open spaces, car parks, sewers, watermains or drains in excess of the immediate needs of the proposed development, (g) conditions for requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land and expenditure consisting of a payment under subsection (7) of this section) that was incurred by any local authority in respect of works (including the provision of open spaces) which have facilitated the proposed development, being works commenced neither earlier than the 1st day of August, 1962, nor earlier than seven years before the grant of permission for the development, (h) conditions for requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land) that is proposed to be incurred by any local authority in respect of works (including the provision of open spaces) facilitating the proposed development, subject to stipulations providing for— (i) where the proposed works are, within a specified period, not commenced, the return of the contribution or the instalments thereof paid during that period (as may be appropriate), (ii) where the proposed works are, within the said period, carried out in part only or in such manner as to facilitate the proposed development to a lesser extent, the return of a proportionate part of the contribution or the instalments thereof paid during that period (as may be appropriate), and (iii) payment of interest on the contribution or any instalments thereof that have been paid (as may be appropriate) so long as and in so far as it is or they are retained unexpended by the local authority, (i) conditions for requiring compliance in respect of the land with any rules made by the planning authority under subsection (6) of this section, (j) conditions for requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land so authorised, at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period. (3) (a) A planning authority shall not, in a case in which the development concerned would contravene materially the development plan or any special amenity area order relating to their area, decide to grant a permission under this section save with the consent of the Minister. (b) Where an application is made to the Minister for a consent under this subsection, any person may furnish to the Minister in writing his objections to the grant of the consent, and the Minister shall, before granting the consent, consider any such objections which he receives within twenty-one days after the receipt of the application. (4) (a) Where— (i) an application is made to a planning authority in accordance with permission regulations for permission under this section or for an approval required by such regulations, (ii) any requirements relating to the application of or made under such regulations are complied with, and (iii) the planning authority do not give notice to the applicant of their decision within the appropriate period, a decision by the planning authority to grant the permission or approval shall be regarded as having been given on the last day of that period. (b) In paragraph (a) of this subsection “the appropriate period” means— (i) in case any notice or notices requiring the applicant to publish any notice, to give further information or to produce evidence in respect of the application has or have been served by the planning authority pursuant to permission regulations within the period of two months beginning on the day of receipt by the planning authority of the application—within the period of two months beginning on the day on which the notice or notices has or have been complied with, (ii) in case an application is made to the Minister for consent under subsection (3) of this section—within the period of seven days beginning on the day of receipt by the planning authority of notification of the Minister's decision, (iii) in any other case—within the period of two months beginning on the day of receipt by the planning authority of the application. (5) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Minister against a decision of a planning authority under this section. (b) Where an appeal is brought under this subsection from a decision of a planning authority and is not withdrawn, the Minister shall determine the application as if it had been made to him in the first instance and his decision shall operate to annul the decision of the planning authority as from the time when it was given; and the provisions of subsections (1) and (2) of this section shall apply, subject to any necessary modifications, in relation to the determination of an application by the Minister on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority. (c) In paragraph (a) of this subsection “the appropriate period” means— (i) in case the appellant is the applicant—the period of one month beginning on the day of receipt by him of the decision, (ii) in any other case—the period of twenty-one days beginning on the day of the giving of the decision. (6) A planning authority may make rules for regulating the manner in which advertisement structures are to be affixed to structures or other land. (7) In a case in which a condition referred to in paragraph (f) of subsection (2) of this section is attached to any permission or approval granted under this section, a contribution towards such of the relevant roads, open spaces, car parks, sewers, watermains or drains as are constructed shall be made by the local authority who will be responsible for their maintenance, and the contribution shall be such as may be agreed upon between that local authority and the person carrying out the works or, in default of agreement, as may be determined by the Minister. (8) A decision given under this section (whether on the original application or on appeal) by which any permission or approval is refused or is granted subject to conditions, and the notification of such decision, shall comprise a statement specifying the reasons for the refusal or the imposition of the conditions. (9) (a) Where the planning authority decide under this section to grant a permission or approval— (i) in case no appeal is taken against the decision, they shall make the grant as soon as may be after the expiration of the period for the taking by the applicant of an appeal or, in a case to which subsection (4) of this section applies, of the period for the taking of an appeal otherwise than by the applicant, (ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless the appeal or appeals is or are withdrawn and, in that case, they shall make the grant as soon as may be after the withdrawal. (b) Where the Minister decides on appeal under this section to grant a permission or approval, he shall make the grant as soon as may be after the decision. (10) (a) Where a permission or approval is granted under this section subject to any one or more of the conditions referred to in paragraphs (e), (g) and (h) of subsection (2) of this section, the permission or approval shall be of no effect and shall be disregarded until the condition or conditions has or have been complied with. (b) Paragraph (a) of this subsection shall not apply where a condition referred to in paragraph (g) or (h) of subsection (2) of this section requires a contribution by instalments except in respect of development which is the subject of the permission or approval and is carried out after default in paying an instalment of the contribution. (11) A person shall not be entitled solely by reason of a permission or approval under this section to carry out any development. Permission for retention of structures. 27.—(1) Where, with respect to a structure which existed immediately before the appointed day and which is on the commencement of that day an unauthorised structure,— (a) application is made to the planning authority in accordance with permission regulations for permission for the retention of the structure, and (b) any requirements relating to the application of or made under such regulations are complied with, the auth …