(a) for prohibiting (subject to any exemptions for which provision may be made by the order) the taking, killing, or destroying of flora or fauna except with the consent of the planning authority, and for enabling that authority to give their consent subject to conditions; (b) for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of
\n
Part IV
\n
of this Act relating to permission to develop land, and to applications for such permission, subject to such adaptations and modifications as may be specified in the order.
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(2)Any person who has suffered damage in consequence of any refusal of consent required under an order under this section or of any grant of any such consent subject to conditions, shall, if he makes a claim on the planning authority within the time and in the manner specified by the order, be entitled to recover from such authority compensation in respect of the damage, but where the order declares that, as respects any flora or fauna, they are of special amenity value or special interest, no compensation shall be payable in relation to them.
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(3)Any order under this section may be revoked or varied by a subsequent order under this section.
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(4)Where a planning authority make an order under this section, they shall cause a notice stating the effect of the order and stating the right of appeal under the next subsection to be published in at least one newspaper circulating in the area to which the order relates.
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(5)Any person may, at any time before the expiration of one month after the publication of a notice under the foregoing subsection, appeal to the Minister against the order to which the notice relates.
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(6)Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.
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(7)A decision to grant a consent under an order under this section shall not be taken save after consultation with the prescribed authorities.
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(8)If any person contravenes the provisions of an order under this section (other than an order which has been annulled), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds.
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(9)Particulars of an order under this section shall be entered in the register.
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(10)The making of an order under this section and the revocation or variation of any such order shall be a reserved function.
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(11)Any reference in this Act to a conservation order shall be construed as a reference to an order under this section (other than an order which has been annulled).
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Creation of public rights of way pursuant to agreement.
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47.—(1) A planning authority may enter into an agreement with any person having the necessary power in that behalf for the creation, by dedication by that person, of a public right of way over land.
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(2)An agreement made under this section shall be on such terms as to payment or otherwise as may be specified in the agreement, and may, if it is so agreed, provide for limitations or conditions affecting the public right of way.
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(3)Where an agreement has been made under this section, it shall be the duty of the planning authority to take all necessary steps for securing that the creation of the public right of way is effected in accordance with the agreement.
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(4)Particulars of an agreement made under this section shall be entered in the register.
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Compulsory powers for creation of public rights of way.
\n
48.—(1) Where it appears to the planning authority that there is need for a public right of way over any land, the planning authority may by order create a public right of way over the land.
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(2)Where a planning authority make an order under this section, they shall serve a notice of the making of the order and a copy of the order on every person who is the owner or occupier of any land over which the order creates a public right of way and on any other person who in their opinion will be affected by the creation of the public right of way.
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(3)Any person on whom a notice and a copy of an order is served under this section may, at any time before the day specified in that behalf in the notice (not being earlier than one month after such service), appeal to the Minister against the order.
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(4)Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.
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(5)An order under this section (other than an order which is annulled) shall take effect— (a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal, (b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.
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(6)Particulars of a right of way created under this section shall be entered in the register.
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Supplemental provisions with respect to public rights of way.
\n
49.—(1) Where a public right of way is created pursuant to this Act or a provision relating to its preservation is included in the development plan, the way shall be maintained by the planning authority.
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(2)(a) Where a right of way is required by this section to be maintained by the planning authority, a person shall not damage or obstruct the way, or hinder or interfere with the exercise of the right of way. (b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred 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 liable on summary conviction to a fine not exceeding twenty pounds for each day on which the contravention is so continued. (c) In a prosecution for an offence under this subsection in relation to a right of way with respect to which a provision for its preservation is included in the development plan, 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 right of way subsists.
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(3)Where, in the case of a right of way required by this section to be maintained by the planning authority, the way is damaged or obstructed by any person, the planning authority maintaining the right of way may repair the damage or remove the obstruction, and the expenses incurred by them in the repair or removal shall be paid to them by the said person and, in default of being so paid, shall be recoverable from him as a simple contract debt in any court of competent jurisdiction.
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(4)A planning authority may, for the purpose of carrying out their duties under subsections (1) and (3) of this section, enter on land at all reasonable times.
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Planting of trees, shrubs and other plants.
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50.—(1) For the purpose of preserving or enhancing the amenities or natural beauty of any land, the planning authority— (a) may plant trees, shrubs or other plants on the land, (b) assist any person or body proposing to plant trees, shrubs or other plants on the land by providing trees, shrubs or other plants or by a grant of money.
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(2)The powers conferred by this section shall be exercised by an authority either on land belonging to them or, with the consent of all persons interested therein, on other land; and in relation to such other land the said powers shall include power to make arrangements whereby the planting or work is carried out, on such terms as may be provided under the arrangements, by a person other than the authority.
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(3)Where the planning authority exercise their powers under the foregoing provisions of this section on land not belonging to the authority, the management of the land, so far as relates to anything done by the authority, may be undertaken either by the authority or by a person interested in the land, as may be agreed upon between the authority and the persons so interested, and on such terms as may be so agreed.
\n
(4)Assisting under this section by a grant of money shall be a reserved function.
\n
(5)Particulars of an agreement made under subsection (3) of this section shall be entered in the register.
\n
Noise and vibration.
\n
51.—(1) A person shall not— (a) in any public place or in connection with any premises which adjoins any public place and to which the public are admitted, or (b) upon any other premises, either— (i) by operating, or causing or suffering to be operated any wireless, loudspeaker, television, gramophone, amplifier, or similar instrument, or any machine or other appliance, or (ii) by any other means, make or cause to be made, any noise or vibration which is so loud, so continuous or so repeated or of such duration or pitch or at such times as to give reasonable cause for annoyance to persons in any premises in the neighbourhood or to persons lawfully using any public place.
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(2)Paragraph (a) of subsection (1) of this section shall not apply to any public meeting.
\n
(3)Proceedings shall not be taken against any person for any offence under this section in respect of premises referred to in paragraph (b) of subsection (1) of this section unless the annoyance is continued after the expiration of seven days from the date of the service on such person of a notice alleging annoyance, signed by not less than three persons residing or carrying on a business within the area in which the noise is heard or the vibration is felt.
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(4)A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.
\n
(5)Nothing in this section shall apply to noise or vibration caused— (a) by aircraft, or (b) by any statutory undertakers in the exercise of powers conferred on them by any statute or order or other instrument made under statute.
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(6)In proceedings brought by virtue of this section in respect of noise or vibration caused in the course of a trade or business or in performing any statutory functions, it shall be a good defence for the defendant to prove that the best practicable means have been used for preventing, and for counteracting the effect of, the noise or vibration.
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Litter.
\n
52.—(1) A person shall not throw down, place or leave in or on any public place— (a) any food remnants, orange peel, banana skin or other organic matter (whether waste or dead animal), or (b) any rubble, old metal, glass, china, earthenware, tin, carton, paper, rags or other rubbish, so as to create or tend to create litter.
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(2)Nothing in subsection (1) of this section shall be construed as prohibiting— (a) the deposit by any person of any of the materials mentioned in that subsection in any receptacle for the deposit of litter, (b) the deposit in any public place of any receptacle containing house or other refuse for collection by a local authority, or (c) anything done under and in accordance with a permission to develop land granted under
\n
Part IV
\n
of this Act.
\n
(3)A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.
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Exhibition of advertisements on certain structures, etc.
\n
53.—(1) Where any structure or other land, door, gate, window, tree or post is in or fronts any public place, a person who is not the owner, occupier or person in charge thereof shall not— (a) exhibit or cause to be exhibited thereon any advertisement, or (b) carry out or cause to be carried out any defacement thereof by writing or other marks, unless he is authorised so to do by such owner, occupier or person in charge or by any enactment.
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(2)A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.
\n
(3)In a prosecution for an offence under this section, 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 defendant was not the owner, occupier or person in charge of the structure or other land, door, gate, window, tree or post and was not authorised as referred to in subsection (1) of this section.
\n
Repair and tidying of advertisement structures and advertisements.
\n
54.—(1) If it appears to the planning authority that, having regard to the interests of public safety or amenity, an advertisement structure or advertisement in their area should be repaired or tidied, the planning authority may serve on the person having control of the advertisement structure or advertisement a notice requiring that person to repair or tidy the advertisement structure or advertisement within a specified period.
\n
(2)If within the period specified in a notice under this section, the advertisement structure or advertisement is not repaired or tidied, the planning authority may enter on the land on which the structure is situate or the advertisement is exhibited and repair or tidy the structure or advertisement and may recover as a simple contract debt in any court of competent jurisdiction from the person having control of the structure or advertisement any expenses reasonably incurred by them in that behalf.
\n
PART VI.
\n
Compensation.
\n
Compensation (refusal of permission or grant of permission subject to conditions).
\n
55.—(1) If, on a claim made to the planning authority, it is shown that, as a result of a decision under
\n
Part IV
\n
of this Act involving a refusal of permission to develop land or a grant of such permission subject to conditions (other than any such condition as is referred to in paragraph (e), paragraph (g) or paragraph (h) of subsection (2) of section 26 of this Act) the value of an interest of any person existing in the land to which the decision relates at the time of the decision is reduced, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value and, in the case of the occupier of the land, the damage (if any) to his trade, business or profession carried on on the land.
\n
(2)In determining reduction of value for the purposes of this section, regard shall be had— (a) to any permission under this Act to develop the land existing at the time of the decision, (b) to any undertaking that may be given to grant permission to develop the land in the event of application being made under this Act in that behalf, and (c) to the fact that exempted development may be carried out on the land, and, in a case in which there has been a refusal of permission, the calculation shall be made on the basis that, if the permission had been granted, any conditions which might reasonably have been imposed in relation to matters referred to in paragraphs (e), (g) and (h) of subsection (2) of section 26 and paragraph (c) of subsection (1) of section 56 of this Act (but no other conditions) would have been imposed.
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(3)In determining reduction of value for the purposes of this section in a case in which there has been a decision involving a refusal of permission, it shall be assumed that, after the decision, and apart from any such undertaking as is mentioned in subsection (2) of this section, permission under this Act would not be granted for any development.
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(4)Where, under section 29 of this Act, it is the duty of a planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.
\n
(5)In this section a reference to the time of a decision shall, where the decision in question is a decision of the Minister on appeal, be taken to be a reference to the time of the decision appealed against.
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(6)A claim under this section shall be made within (but not after)— (a) six months after the notification of the decision by the planning authority or the Minister (as the case may be), or (b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.
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Compensation excluded in respect of certain matters.
\n
56.—(1) Compensation under section 55 of this Act shall not be payable— (a) in respect of the refusal of permission for any development that consists of or includes the making of any material change in the use of any structures or other land, (b) in respect of the refusal of permission to develop land if the reason or one of the reasons for the refusal is that development of the kind proposed would be premature— (i) by reference to any existing deficiency in the provision of water supplies or sewerage facilities and the period within which any such deficiency may reasonably be expected to be made good, or (ii) because a road layout for the area or part thereof has not been indicated in the development plan or has not been approved of by the planning authority or by the Minister on appeal, (c) in respect of the imposition, on the granting of permission to develop land, of any condition relating to any of the following matters: (i) the matters set out in paragraphs 1, 2, 3, 4 and 6 of Part II of the Third Schedule to this Act, (ii) the matters set out in paragraph 5 of the said Part II so far as that paragraph relates to unauthorised structures, (iii) the matters set out in paragraphs 1 and 3 of Part III of that Schedule, (iv) the matters set out in paragraph 2, paragraph 6, paragraph 7, subparagraph (b) of paragraph 8 and paragraphs 9, 10, 11 and 13 of Part IV of that Schedule, (v) matters in respect of which a requirement could have been imposed under any other Act, or under any order, regulation, rule or bye-law made under any other Act, without liability for compensation, (d) in respect of the imposition, on the granting of permission to develop land, of any condition under paragraph (j) of subsection (2) of section 26 of this Act for requiring the removal of an advertisement structure or any condition under that paragraph in a case in which the relevant application for permission relates to a temporary structure, (e) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is that the proposed development would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise, (f) in respect of the refusal of permission for the erection of any advertisement structure or for the use of land for the exhibition of any advertisement, (g) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is the necessity of preserving any view or prospect of special amenity value or special interest,
\n
(h) in respect of the refusal of permission for development in an area to which a special amenity area order relates by reference to that area being an area of special amenity by reason of its natural beauty (other than any development for which the special amenity area order provides for its being permitted under this Act), (i) in respect of the refusal of permission for development comprising any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension— (i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Minister, (ii) would be under a public road, (iii) would seriously injure the amenities, or depreciate the value, of property in the vicinity, (iv) would tend to create any serious traffic congestion, (v) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or (vi) would be prejudicial to public health, (j) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is that the development would contravene materially a condition attached to an existing permission for development.
\n
(2)Nothing contained in subsection (1) of this section shall prevent compensation being paid— (a) in a case in which there has been a refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed by fire or otherwise within the two years preceding the date of application for permission or there has been imposed a condition in consequence of which such new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or (b) in a case in which there has been imposed a condition in consequence of which the new structure referred to in the foregoing paragraph or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward.
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(3)Every dispute and question whether a new structure would or does replace substantially within the meaning of the foregoing subsection a demolished or destroyed structure shall be determined by the Minister.
\n
Compensation excluded if certain other development permitted or if compensation already paid.
\n
57.—(1) Compensation under section 55 of this Act shall not be payable in respect of a decision whereby permission to develop land is refused if, notwithstanding that refusal, there is available with respect to that land permission for development to which this section applies or if compensation has already been paid under section 55 of this Act by reference to a previous decision under
\n
Part IV
\n
of this Act involving a refusal of permission.
\n
(2)Where permission for development to which this section applies is available with respect to part only of the land, this section shall have effect only in so far as the interest subsists in that part.
\n
(3)Where a claim for compensation under this Part of this Act is made in respect of an interest in land, permission for development to which this section applies shall be taken for the purposes of this section to be available with respect to that land or a part thereof if there is in force with respect to that land or part a grant of, or an undertaking to grant, permission under this Act for some such development, subject to no conditions other than conditions in relation to matters referred to in paragraphs (e), (g) and (h) of subsection (2) of section 26 and paragraph (c) of subsection (1) of section 56 of this Act.
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(4)This section applies to any development of a residential, commercial or industrial character, if the development consists wholly or mainly of the construction of houses, flats, shops or office premises, hotels, garages and petrol filling stations, theatres or structures for the purpose of entertainment, or industrial buildings (including warehouses), or any combination thereof.
\n
Restrictions on sections 56 and 57.
\n
58.—(1) Where, in a case determined on an appeal under
\n
Part IV
\n
of this Act, permission to develop any land has, save in a case referred to in subsection (2) of this section, been refused or has been granted subject to any condition relating to any of the matters set out in paragraphs 3 and 4 of Part II of the Third Schedule to this Act, nothing contained in subsection (1) of section 56 or section 57 of this Act shall prevent compensation being paid if, an application having been made in that behalf within (but not after) two months after the notification of the decision by the Minister, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of subsection (1) of section 56 or section 57 of this Act.
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(2)Subsection (1) of this section does not apply— (a) where there has been a refusal of permission for the erection of any advertisement structure or for the use of any land for the exhibition of any advertisement, (b) where there has been a refusal of permission for development comprising any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension— (i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Minister, (ii) would be under a public road, (iii) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or (iv) would be prejudicial to public health.
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Compensation (revocation or modification of permission).
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59.—(1) Where permission to develop land has been revoked or modified by a notice under section 30 of this Act— (a) if, on a claim made to the planning authority, it is shown that any person interested in the land has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification, that authority shall pay to that person compensation in respect of that expenditure, (b) the provisions of subsections (1) to (4) of section 55 and sections 56 and 57 of this Act shall apply in relation to the notice where it revoked the permission or modifies it by the imposition of conditions— (i) in case it revoked the permission, as they apply in relation to refusal of permission to develop land, and (ii) in case it modifies the permission by the imposition of conditions, as they apply in relation to a grant of permission to develop land subject to conditions, subject to the modifications that, in subsections (1) and (2) of the said section 55, a reference to the time when the notice takes effect shall be substituted for any reference to the time of a decision and, in subsection (4) thereof, the reference to section 29 of this Act shall be construed as a reference to that section as applied by section 30 of this Act.
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(2)A claim under this section or section 55 of this Act as applied by this section shall be made within (but not after)— (a) six months after the time when the notice takes effect, or (b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.
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(3)For the purposes of this section, any expenditure reasonably incurred in the preparation of plans for the purposes of any works or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out those works but, except as aforesaid, no compensation shall be paid by virtue of this section in respect of any works carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission.
\n
Compensation in relation to section 36.
\n
60.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any structure consequent upon a notice under section 36 of this Act, any person has suffered damage by the depreciation of any interest in the structure to which he is entitled, or by being disturbed in his enjoyment of the structure, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.
\n
(2)A claim under this section shall be made within (but not after)— (a) six months after the removal or alteration of the structure, or (b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.
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(3)Where, under section 29 of this Act as applied by subsection (9) of section 36 of this Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.
\n
(4)Rule (12) of the Rules set out in section 2 of the Act of 1919 shall not apply in relation to any case in which a claim is made under this section.
\n
Compensation in relation to section 37.
\n
61.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the discontinuance, or the compliance with conditions on the continuance, of any use of land consequent upon a notice under section 37 of this Act, any person has suffered damage by the depreciation of any interest in the land to which he is entitled, or by being disturbed in his enjoyment of the land, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.
\n
(2)Subsection (1) of this section shall not apply where the use of land is use for the exhibition of an advertisement unless— (a) the advertisement was existing immediately before the appointed day and the discontinuance, or compliance with conditions on continuance, of use is effected during the period of five years beginning on the appointed day, or (b) at the time of such discontinuance or compliance, the advertisement has been in position for less than five years.
\n
(3)A claim under this section shall be made within (but not after)— (a) six months after the discontinuance or compliance, or (b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.
\n
(4)Where, under section 29 of this Act as applied by subsection (8) of section 37 of this Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.
\n
(5)Rule (12) of the Rules set out in section 2 of the Act of 1919 shall not apply in relation to any case in which a claim is made under this section.
\n
Compensation in relation to section 44.
\n
62.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any hedge consequent upon a notice under section 44 of this Act, any person has suffered damage by the depreciation of any interest in the land on which the hedge is situate to which he is entitled, or by being disturbed in his enjoyment of such land, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of the damage.
\n
(2)A claim under this section shall be made within (but not after)— (a) six months after the removal or alteration of the hedge, or (b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.
\n
Compensation in relation to section 48.
\n
63.—(1) If, on a claim made to the planning authority, it is shown that the value of an interest of any person in land, being land over which a public right of way has been created by an order under section 48 of this Act made by that authority, is depreciated, or that any person having an interest in such land has suffered damage by being disturbed in his enjoyment of the land, in consequence of the creation of the public right of way, that authority shall pay to that person compensation equal to the amount of the depreciation or damage.
\n
(2)A claim under this section shall be made within (but not after)— (a) six months after the time when the order creating the public right of way commences to have effect, or (b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.
\n
Compensation in relation to section 83.
\n
64.—(1) If, on a claim made to the planning authority, it is shown that, as a result of anything done under section 83 of this Act, any person has suffered damage, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.
\n
(2)A claim under this section shall be made within (but not after)— (a) six months after the damage is suffered, or (b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.
\n
Compensation in relation to section 85.
\n
65.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the action of such authority pursuant to section 85 of this Act in placing, renewing or removing any cable, wire or pipeline, attaching any bracket or fixture or affixing any notice, any person has suffered damage by the depreciation of any interest in the land or structure concerned to which he is entitled, or by being disturbed in his enjoyment of such land or structure, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of the damage.
\n
(2)A claim under this section shall be made within (but not after)— (a) six months after the action of the planning authority, or (b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.
\n
Compensation in relation to direction under the Act of 1934.
\n
66.—(1) In this section— “interim direction” means a direction to do or refrain from doing any act which was given under the Act of 1934 directly or by implication by refusing a general permission or special permission, by granting a general or special permission subject to conditions, or by making a special prohibition whether subject to conditions or not so subject, not being a direction in respect of which an order was made under section 14 of the Town and Regional Planning (Amendment) Act, 1939 ; “general permission”, “special permission”, “special prohibition”, “planning scheme” and “work” have the same meanings respectively as these expressions had in the Act of 1934.
\n
(2)(a) Where an interim direction was given in respect of any property— (i) any person who, on the day before the appointed day, had any estate or interest in or right over or in respect of such property, shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid compensation by that authority unless they decide that compensation would not have been payable to him by virtue of the Act of 1934 on the assumption of the relevant planning scheme having come into operation on the day before the appointed day and having contained a provision to the same effect as the interim direction and on the assumption of an application for compensation having been duly made under section 61 of the Act of 1934, (ii) the amount of the compensation shall be the like amount as, on the said assumptions, would have been appropriate to be paid in accordance with the Act of 1934. (b) Where a decision is given under the foregoing paragraph, the applicant may, within one month after being notified of the decision, appeal to the Minister, and the Minister shall either refuse the appeal or annul such decision. (c) In deciding an appeal under this subsection, the Minister shall, in particular, have regard to subsection (2) of section 30 of the Act of 1934 and, for that purpose, may make any determination referred to in subsection (3) of that section in accordance with that subsection.
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(3)(a) Where— (i) any person has refrained from doing any particular work on account of an interim direction arising from the refusing of a special permission or the making of a special prohibition, and (ii) he has suffered loss by so refraining, such person shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid by that authority by way of compensation the amount of such loss unless the planning authority decide that the doing of such particular work would have prejudiced the efficient and economical execution of the relevant planning scheme on the assumption that that scheme had come into operation. (b) Where— (i) any person has, in the doing of any particular work complied with a condition attached to a special permission or contained in a special prohibition, and (ii) he has by such compliance suffered loss (other than loss arising from the reduction in value of any property), such person shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid by that authority by way of compensation the amount of such loss unless the planning authority decide that the doing of such particular work without complying with such condition would have prejudiced the efficient and economical execution of the relevant planning scheme on the assumption that that scheme had come into operation. (c) Where a decision is given under either of the foregoing paragraphs, the applicant may, within one month after being notified of the decision, appeal to the Minister, and the Minister shall either refuse the appeal or annul such decision.
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(4)The amendment of the Act of 1919 effected by this Act shall be disregarded in the case of any determination of compensation under this section.
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Regulations in relation to compensation.
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67.—Regulations may provide for— (a) the form in which claims for compensation are to be made, (b) the provision by a claimant of evidence in support of his claim and information as to his interest in the land to which the claim relates, (c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him) having an interest in the land to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority or the claimant of every other person (if any) appearing to them or him to have an interest in the land, (d) the information and documents to be submitted with an application for an order under section 58 of this Act, (e) the information and documents to be submitted by a planning authority in relation to an application for an order under section 58 of this Act.
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Determination of claim for payment of compensation.
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68.—A claim under this Act for payment of compensation shall, in default of agreement, be determined by arbitration under the Act of 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.
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Amendment of section 2 of the Act of 1919.
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69.—(1) Section 2 of the Act of 1919 is hereby amended, in cases where any compensation assessed will be payable by a planning authority or any other local authority, by the insertion after Rule 6 of the Rules set out in the Fourth Schedule to this Act.
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(2)Subparagraph (b) of paragraph 1 of Part I of the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931 , is hereby amended by the insertion at the end of the subparagraph of “and by the Property Values (Arbitrations and Appeals) Act, 1960, and the Local Government (Planning and Development) Act, 1963”.
\n
Prohibition of double compensation.
\n
70.—Where a person would, but for this section, be entitled to compensation under this Act in respect of any matter or thing and also to compensation under any other enactment in respect of the same matter or thing, he shall not be entitled to compensation in respect of such matter or thing both under this Act and under the other enactment, and shall not be entitled to any greater amount of compensation under this Act in respect of such matter or thing than the amount of the compensation to which he would be entitled under the other enactment in respect of such matter or thing.
\n
Recovery from planning authority of compensation.
\n
71.—(1) All compensation payable under this Part of this Act by the planning authority shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Act, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction, and all costs and expenses of parties to an arbitration to determine the amount of any such compensation shall, in so far as such costs and expenses are payable by the planning authority, be likewise recoverable from that authority as a simple contract debt in any court of competent jurisdiction.
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(2)Sections 69 to 79 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 moneys by this section made recoverable as a simple contract debt as if such moneys were a price or compensation under the said Act as so amended or adapted.
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(3)Where money is paid into Court under section 69 of the Lands Clauses Consolidation Act, 1845 , as applied by this section, by the planning authority, 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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Registration of compensation.
\n
72.—(1) Where, on a claim for compensation under section 55 of this Act, under that section as applied by section 59 of this Act or under subsection (2) of section 66 of this Act, compensation has become payable of an amount exceeding twenty pounds, the planning authority shall prepare and retain a statement of that fact, specifying the refusal of permission or grant of permission subject to conditions, the revocation or modification of permission or the interim direction (as the case may be), the land to which the claim for compensation relates, and the amount of the compensation.
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(2)(a) A planning authority shall enter in the register particulars of the statements prepared by them under this section. (b) Every such entry shall be made within the period of fourteen days beginning on the day of the preparation of the statement.
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Recovery by planning authority of compensation on subsequent development.
\n
73.—(1) No person shall carry out any development to which this section applies, on land in respect of which a statement (in this section referred to as a compensation statement) has stood registered under the last preceding section for less than fourteen years, until such amount (if any) as is recoverable under this section in respect of the compensation specified in the statement has been paid or secured to the satisfaction of the planning authority.
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(2)This section applies to any development (other than exempted development), being development— (a) to which section 57 of this Act applies, or (b) to which, having regard to the probable value of the development, it is in the opinion of the Minister reasonable that this section should apply:
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Provided that— (i) this section shall not apply to any development by virtue of paragraph (b) of this subsection if, on an application made to him for the purpose, the Minister has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section shall apply thereto, and (ii) in a case where the compensation specified in the statement became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.
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(3)Subject to the two next following subsections, the amount recoverable under this section in respect of the compensation specified in a compensation statement— (a) if the land on which the development is to be carried out (in this subsection referred to as the development area) is identical with, or includes (with other land) the whole of, the land comprised in the compensation statement, shall be the amount of compensation specified in that statement; (b) if the development area forms part of the land comprised in the compensation statement, or includes part of that land together with other land not comprised in that statement, shall be so much of the amount of compensation specified in that statement as is attributable to land comprised in that statement and falling within the development area.
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(4)For the purposes of paragraph (b) of subsection (3) of this section, the following provisions shall have effect: (a) the planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation between the different parts of the land according to the way in which those parts appear to them to be differently affected by the refusal of permission or grant of permission subject to conditions; (b) if no apportionment is made, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the statement relates; (c) if an apportionment is made, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land; (d) if any person disputes an apportionment under this subsection, the dispute shall be submitted to and decided by a property arbitrator.
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(5)Where, in the case of any land in respect of which a compensation statement has been registered, the Minister is satisfied that, having regard to the probable value of any proper development of that land, no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or part of any amount otherwise recoverable under this section; and where part only of any such amount has been remitted, he shall cause the compensation statement to be amended by substituting therein for the specification of the amount of the compensation, in so far as it is attributable to that land, a specification of the amount which has been remitted under this subsection.
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(6)Where, in connection with the development of any land, an amount becomes recoverable under this section in respect of the compensation specified in a compensation statement, then, except where, and to the extent that, payment of that amount has been remitted under the last preceding subsection, no amount shall be recoverable, in so far as it is attributable to that land, in connection with any subsequent development thereof.
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(7)An amount recoverable under this section in respect of any compensation shall be payable to the planning authority, and— (a) shall be so payable either as a single capital payment or as a series of instalments of capital and interest combined, or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the planning authority may direct, after taking into account any representations made by the person by whom the development is to be carried out, and (b) except where the amount is payable as a single capital payment, shall be secured by that person in such manner (whether by mortgage, covenant or otherwise) as the planning authority may direct.
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(8)If any person initiates any development to which this section applies in contravention of subsection (1) of this section, the planning authority may serve a notice upon him, specifying the amount appearing to them to be the amount recoverable under this section in respect of the compensation in question, and requiring him to pay that amount to them within such period, not being less than three months after the service of the notice, as may be specified in the notice, and, in default of the said amount being paid to the planning authority within the period specified in the notice, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.
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PART VII.
\n
Acquisition of Land, etc.
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Appropriation of land to purposes of functions under this Act.
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74.—(1) Where— (a) land is vested in a planning authority otherwise than for the purposes of their functions under this Act, and (b) the planning authority are satisfied that the land should be made available for those purposes, the planning authority may, with the consent of the appropriate Minister, appropriate the land to any of those purposes.
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(2)In subsection (1) of this section “the appropriate Minister” means— (a) if the Ministerial functions relating to the land in question are vested in a single Minister other than the Minister—that Minister, (b) if those functions are vested in two or more Ministers (neither or none of whom is the Minister)—such one of those Ministers as has, in relation to the land, the greater or greatest concern, (c) in all other cases—the Minister.
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(3)If, in relation to paragraph (b) of the foregoing subsection, any doubt as to which one of two or more Ministers has the greater or greatest concern, the doubt shall be determined by the Minister.
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Disposal of land by planning authority.
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75.—(1) Any land acquired for the purposes of or appropriated under this Act by a planning authority may be sold, leased or exchanged subject to such conditions as they may consider necessary in order to secure the best use of that or other land, and any structures or works which have been, or are to be, constructed, erected, made or carried out on, in or under that or other land, or to secure the construction, erection, making or carrying out of any structures or works appearing to them to be needed for the proper planning and development of their area.
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(2)The consent of the Minister shall be requisite for any sale, lease or exchange under subsection (1) of this section— (a) in case the price or rent, or what is obtained by the planning authority on the exchange, is not the best reasonably obtainable, or (b) in case the development proposed for the land would contravene materially the development plan, but, save as aforesaid, shall not be requisite notwithstanding the provisions of any other enactment.
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(3)Capital money arising from the disposal of land under subsection (1) of this section shall be applied for a capital purpose for which capital money may be properly applied.
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(4)(a) Where, as respects any land acquired for the purposes of or appropriated under this Act by a planning authority, the authority consider that they will not require the use of the land for any of their functions for a particular period, the authority may grant a lease of the land for that period or any less period and the lease shall be expressed as a lease granted for the purposes of this subsection. (b) Neither the Landlord and Tenant Acts, 1931 and 1958, nor the Rent Restrictions Act, 1960 , shall apply in relation to a lease granted as aforesaid for the purposes of this subsection.
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Extinguishment of public right of way.
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76.—(1) A planning authority may, with the approval of the Minister, by order extinguish a public right of way, but an order made under this subsection shall be published in the prescribed manner, and the Minister shall not approve the order until he has caused a public local inquiry to be held and has considered any objections to the order not withdrawn and the report of the person who held the inquiry.
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(2)Subsection (1) of this section does not apply to a public right of way over land acquired compulsorily by a planning authority for the purposes of this Act if the order authorising the compulsory acquisition authorised the extinguishment of such right of way.
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Development by planning authority, etc.
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77.—(1) A planning authority may develop or secure the development of land and, in particular and without prejudice to the generality of the foregoing, may— (a) secure, facilitate and control the improvement of the frontage of any public road by widening, opening, enlarging or otherwise improving, (b) develop any land in the vicinity of any road or bridge which it is proposed to improve or construct, (c) provide areas with roads and such services and works as may be needed for development, (d) provide areas of convenient shape for development, (e) secure or carry out, as respects obsolete areas, the development or renewal thereof and the provision therein of open spaces, (f) secure the preservation of any view or prospect, any structure or natural physical feature, any trees subject to a tree preservation order, any site of geological, ecological or archaeological interest or any flora or fauna subject to a conservation order.
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(2)A planning authority may provide— (a) sites for the establishment or relocation of industries, businesses (including hotels, motels and guest-houses), dwellings, offices, shops, schools, churches and other community facilities and of such buildings, premises, dwellings, parks and structures as are referred to in paragraph (b) of this subsection, (b) factory buildings, office premises, shop premises, dwellings, amusement parks and structures for the purpose of entertainment, caravan parks, buildings for the purpose of providing accommodation, meals and refreshments, buildings for providing trade and professional services and advertisement structures, (c) any services which they consider ancillary to anything which is referred to in paragraphs (a) and (b) of this subsection and which they have provided, and may maintain and manage any such site, building, premises, dwelling, park, structure or service and may make any charges which they consider reasonable in relation to the provision, maintenance or management thereof.
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(3)A planning authority may, in connection with any of their functions under this Act, make and carry out arrangements with any person or body for the development or management of land.
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(4)For avoidance of doubt it is hereby declared that the powers which a planning authority may exercise pursuant to section 10 of the Local Government (No. 2) Act, 1960 , with respect to compulsory acquisition for the purposes of any of their functions under this Act apply in relation to anything which is specified in subsection (1) of section 2 of this Act as being included in “land”.
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Public notice of development proposed to be carried out by certain local authorities.
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78.—Regulations made in relation to any specified cases or classes of cases of development proposed to be carried out by local authorities who are planning authorities may— (a) require the authority to give public notice in any specified manner of development which they propose to carry out, (b) require the inclusion in any such notice of an invitation for the making by interested persons of objections to the proposed development, (c) in cases where any such objection is made and is not withdrawn, require the authority to have the consent of the Minister before carrying out the proposed development.
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Amendment of Landlord and Tenant Acts, 1931 and 1958.
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79.—(1) “business” in the Landlord and Tenant Act, 1931 , shall include the carrying out by a planning authority of any of their functions.
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(2)Subsection (1) of section 22 of the Landlord and Tenant Act, 1931 , is hereby amended by the insertion after paragraph (b) of the following paragraph: “(bb) that, such landlord being a planning authority within the meaning of the Local Government (Planning and Development) Act, 1963, such tenement or any part thereof is situate in an area in respect of which the development plan within the meaning of that Act indicates objectives for its development or renewal as being an obsolete area, or”.
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(3)Subsection (1) of section 15 of the Landlord and Tenant (Reversionary Leases) Act, 1958 , is hereby amended by the addition of “or alternatively, being a planning authority within the meaning of the Local Government (Planning and Development) Act, 1963, satisfies the Court that, in case the reversionary lease would be a lease of the whole of the land, the land or any part of the land is situate in an area in respect of which the development plan within the meaning of that Act indicates objectives for its development or renewal as being an obsolete area or that, in case the reversionary lease would be a lease of part of the land, that part or any part of that part is situate in such an area”.
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PART VIII.
\n
Miscellaneous.
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Prosecution of offences by planning authority.
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80.—(1) An offence under this Act may be prosecuted by the planning authority in whose area the offence is committed.
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(2)A planning authority shall not prosecute in a case in which an offence under section 53 of this Act is alleged to have been committed in relation to an advertisement unless the advertisement is exempted development and they have decided that the advertisement would injure the amenities of their area and, in the case of an advertisement advertising a public meeting, unless the advertisement has been in position for seven days or longer after the date of the meeting.
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(3)Where— (a) an offence under section 46 or section 52 of this Act, or (b) an offence under section 53 of this Act consisting of defacing any structure, door, gate, window, tree or post, is alleged to have been committed, any officer of the planning authority, duly authorised by them in writing and producing, if so required, his authority, may demand the name and address of any person whom he reasonably believes to be guilty of the offence.
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(4)Any person whose name and address has been demanded under the foregoing subsection and who fails to comply with the demand shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five pounds.
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Restriction on exercise of power of entry of planning authority and obstruction of approved entry.
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81.—(1) Where (in the case of occupied land) the occupier or (in the case of unoccupied land) the owner refuses to permit the exercise of a power of entry conferred by this Act on a planning authority, the authority shall not exercise the power save pursuant to an order of the District Court approving of the entry.
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(2)The following provisions shall have effect in relation to an application for an order under this section: (a) the application shall be made, on notice to the person who refused to permit the exercise of the power of entry, to the justice of the District Court having jurisdiction in the district court district in which the land or part of the land is situate, (b) the application shall be granted unless the proposed entry is to be made pursuant to section 31 , 32 or 33 of this Act on a structure and the said person satisfies the court in a case of non-compliance with a condition, that the condition was complied with or, in any other case, that the structure is not an unauthorised structure, (c) an order made on the application may require that entry shall not be effected during a specified period of one week or less commencing on the date of the order.
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(3)Any person who, by act or omission, obstructs an entry approved of by order under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds; and if in the case of a continuing offence the obstruction is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which, the obstruction is so continued.
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Supplemental provisions relating to references and appeals.
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82.—(1) Regulations may provide for any matters of procedure in relation to references or appeals.
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(2)Regulations shall be made under this section providing— (a) for oral hearing of any reference or appeal in respect of which oral hearing is requested by any party, (b) for any such oral hearing being conducted by a person appointed for that purpose by the Minister, (c) for the furnishing to the Minister, by any person so appointed, of a report on the oral hearing and for the consideration by the Minister of the report before he gives his decision.
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(3)Where a question of law arises on any reference or appeal— (a) the Minister may refer the question for decision by the High Court, (b) an appeal shall lie to the High Court on the question and 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.
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(4)A person conducting an oral hearing of any reference or appeal may require any officer of a planning authority to give to him any information in relation to the reference or appeal which he reasonably requires for the purposes of the reference or appeal, and it shall be the duty of the officer to comply with the requirement.
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(5)(a) A person conducting an oral hearing of any reference or appeal may visit and inspect any land to which the reference or appeal relates. (b) Any person who obstructs the exercise of the power conferred by this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five pounds.
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(6)A person conducting an oral hearing of any reference or appeal may take evidence on oath and for that purpose may administer oaths, and a person giving evidence at any such hearing shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
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(7)(a) Subject to the following paragraph, a person conducting an oral hearing of any reference or appeal may, by giving notice in that behalf in writing to any person, require that person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any books, deeds, contracts, accounts, vouchers, maps, plans or other documents in his possession, custody or control which relate to any such matter. (b) The following provisions shall have effect for the purposes of the foregoing paragraph: (i) it shall not be necessary for a person to attend in compliance with a notice at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance have been paid or tendered to him; (ii) the planning authority shall, at the request of the person conducting the oral hearing, pay or tender to any person whose attendance is required such sum as the person conducting the hearing considers will cover the reasonable and necessary expenses of the attendance; (iii) any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him, be paid those expenses by the planning authority, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction; (iv) every person to whom a notice has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any document to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.
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(8)In this section— “reference” means a reference under section 5 of this Act, “appeal”, except in paragraph (b) of subsection (3), means an appeal to the Minister under this Act or any order made under this Act.
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Power of authorised person to enter on land.
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83.—(1) An authorised person may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m. for any purpose connected with this Act.
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(2)An authorised person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, make excavations, and examine the depth and nature of the subsoil.
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(3)Before an authorised person enters under this section on any land, the appropriate authority shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier (as the case may be) not less than fourteen days' notice in writing of the intention to make the entry.
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(4)A person to whom a notice of intention to enter on land has been given under this section by the appropriate authority may, not later than fourteen days after the giving of such notice, apply, on notice to such authority, to the justice of the District Court having jurisdiction in the district court district in which the land or part of the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.
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(5)Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.
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(6)Subsections (3), (4) and (5) of this section shall not apply to entry for the purposes of
\n
Part IV
\n
of this Act and, in a case in which any such entry is proposed, if the occupier (in the case of occupied land) or the owner (in the case of unoccupied land) refuses to permit the entry— (a) the entry shall not be effected unless it has been authorised by an order of the justice of the District Court having jurisdiction in the district court district in which the land or part of the land is situate and, in the case of occupied land, save after at least twenty-four hours' notice of the intended entry, and of the object thereof, has been given to the occupier, (b) an application for such an order shall be made on notice (in the case of occupied land) to the occupier or (in the case of unoccupied land) to the owner.
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(7)Every person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds; and if in the case of a continuing offence the obstruction is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which the obstruction is so continued.
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(8)In this section— “authorised person” means a person who is appointed by the planning authority or the Minister to be an authorised person for the purposes of this section; “appropriate authority” means— (a) in a case in which the authorised person was appointed by a planning authority—that authority, and (b) in a case in which the authorised person was appointed by the Minister—the Minister.
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Consultation by State authorities.
\n
84.—(1) Before undertaking the construction or extension of any building (not being a building which is to be constructed or extended in connection with afforestation by the State), a State authority— (a) shall consult with the planning authority to such extent as may be determined by the Minister, and (b) if any objections that may be raised by the planning authority are not resolved, shall (save where the construction or extension is being undertaken by the Minister) consult on the objections with the Minister.
\n
(2)In this section “State authority” means any authority being— (a) a member of the Government, (b) the Commissioners of Public Works in Ireland, or (c) the Irish Land Commission.
\n
Cables, wires and pipelines.
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85.—(1) A planning authority may, with the consent of the owner and of the occupier of any land not forming part of a public road, place, erect or construct cables, wires and pipelines (other than waterpipes, sewers and drains), and any apparatus incidental to such cables, wires and pipelines, on, under or over such land, and may from time to time inspect, repair, alter or renew, or may at any time remove, any cables, wires or pipelines placed, erected or constructed under this section.
\n
(2)A planning authority may, with the consent of the owner and of the occupier of any structure, attach to such structure any bracket or other fixture required for the carrying or support of any cable, wire or pipeline placed, erected or constructed under this section.
\n
(3)A planning authority may erect and maintain notices indicating the position of cables, wires or pipelines placed, erected or constructed under this section and may, with the consent of the owner and of the occupier of any structure, affix such a notice to such structure.
\n
(4)The foregoing subsections of this section shall have effect subject to the proviso that— (a) a consent for the purposes of any of them shall not be unreasonably withheld, (b) if the planning authority consider that such a consent has been unreasonably withheld, they may appeal to the Minister, (c) if the Minister determines that such a consent was unreasonably withheld, it shall be treated as having been given.
\n
(5)The planning authority may permit the use of any cables, wires or pipelines placed, erected or constructed under this section and of any apparatus incidental to such cables, wires or pipelines subject to such conditions and charges as they consider appropriate.
\n
Building regulations.
\n
86.—(1) The Minister may make regulations for all or any of the matters set out in section 41 of the Public Health (Ireland) Act, 1878 , and section 23 of the Public Health Acts Amendment Act, 1890 (other than paragraph (1) of the said section 41 and the last paragraph of subsection (1) of the said section 23), and accordingly no further bye-laws shall be made under those sections for any of those matters.
\n
Regulations made under this section shall be known and in this Act are referred to as building regulations.
\n
(2)Building regulations may prescribe standards (expressed in terms of performance, types of material, methods of construction or otherwise) in relation to all or any of the matters specified in the Fifth Schedule to this Act and may prescribe different standards for buildings of different classes.
\n
(3)Building regulations may make provision in relation to— (a) testing of drains and sewers, (b) taking of samples of materials to be used in the construction of buildings, or in the execution of other works.
\n
(4)(a) Building regulations may be made with respect to— (i) structural alterations or extensions of buildings, and buildings so far as affected by alterations or extensions, (ii) buildings or parts of buildings in cases where any material change takes place in the purposes for which a building or, as the case may be, a part of a building is used, and so far as they relate to the matters mentioned in this subsection, may be made to apply to buildings erected before the date on which the regulations came into force, but, save as aforesaid, shall not apply to buildings erected before that date. (b) For the purposes of this subsection, there shall be deemed to be a material change in the purpose for which a building, or part of a building, is used if— (i) a building, or part of a building, being a building or part which was not originally constructed for occupation as a house, or which though so constructed has been appropriated to other purposes, becomes used as a house, (ii) a building, or part of a building, being a building or part which was originally constructed for occupation as a house by one family only, becomes occupied by two or more families, or (iii) where regulations contain special provisions with respect to buildings used for any particular purpose, a building, or a part of a building, being a building or part not previously used for that purpose, becomes so used.
\n
(5)Any provision contained in building regulations may be made so as to apply generally, or in an area specified in the regulations, and the regulations may contain different provisions for different areas.
\n
(6)Planning authorities shall, in relation to building regulations, have all such functions under the Public Health (Ireland) Act, 1878 (including, in particular, section 42 thereof), as are provided by that Act for them as sanitary authorities in relation to bye-laws under section 41 of that Act.
\n
(7)Building regulations may include such supplemental and incidental provisions as appear to the Minister to be expedient.
\n
(8)If a person contravenes any provision contained in building regulations, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred 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 to a further fine not exceeding twenty pounds for each day on which the contravention is so continued.
\n
(9)Building regulations may provide for a combination in one document of— (a) any application required or authorised under the regulations to be made, and (b) any application for permission for development under
\n
Part IV
\n
of this Act; and for the making of such combined application in such form and manner as may be specified in the regulations.
\n
(10)
\n
Section 41
\n
of the Public Health (Ireland) Act, 1878 , and section 23 of the Public Health Acts Amendment Act, 1890 , shall have effect as if— (a) in lieu of so much thereof as provides for the making of bye-laws with respect to the matters specified in the said section 41 (other than paragraph (1) thereof) and the said section 23 (other than the last paragraph of subsection (1) thereof), they provided for the making, subject to the provisions of the Local Government (Planning and Development) Act, 1963, of regulations with respect to those matters by the Minister, and (b) the words “Provided that no bye-law made under this section shall affect any building erected before the passing of this Act” were omitted from the said section 41.
\n
(11)For any reference to bye-laws under section 41 of the Public Health (Ireland) Act, 1878 , with respect to any matters set out in that section (other than paragraph (1) thereof) or in subsection (1) of section 23 of the Public Health Acts Amendment Act, 1890 (other than the last paragraph thereof), or to bye-laws under subsection (4) of the said section 23, which occurs in any Act or in any instrument having effect under any Act, there shall be substituted save where the context otherwise requires, a reference to building regulations.
\n
Relaxation of building regulations.
\n
87.—(1) Subject to the provisions of this section, if the Minister, on application made in accordance with the provisions of this section, considers that the operation of any requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, he may, after consultation with the planning authority, give a direction dispensing with or relaxing that requirement.
\n
(2)If building regulations so provide as regards any requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) of this section shall be exercisable by the planning authority (instead of by the Minister after consultation with the planning authority), but any provisions contained by virtue of this subsection in building regulations shall except applications made by local authorities and may except applications of any other description.
\n
(3)Building regulations may provide as regards any requirements contained in the regulations that the foregoing subsections of this section shall not apply.
\n
(4)An application under this section shall be in such form as may be prescribed by building regulations and shall contain such particulars as may be so prescribed.
\n
(5)The application shall be made to the planning authority and, except where the power of giving the direction is exercisable by the planning authority, the planning authority shall at once transmit the application to the Minister and give notice to the applicant that it has been so transmitted.
\n
(6)If within a period of two months beginning with the date of an application (being an application with respect to which the power of giving the direction is exercisable by the planning authority), or within such extended period as may at any time be agreed in writing between the applicant and the planning authority, the planning authority do not notify the applicant of their decision on the application, a decision by the planning authority to grant the application shall be regarded as having been given on the last day of that period.
\n
(7)An application by a local authority shall be made to the Minister.
\n
Appeal against refusal by planning authority to relax building regulations.
\n
88.—(1) If a planning authority refuse an application to dispense with or relax any requirement in building regulations which they have power to dispense with or relax, the applicant may by notice in writing appeal to the Minister within one month from the date on which the planning authority notify the applicant of their refusal.
\n
(2)Where an appeal under this section is allowed, the Minister shall give such directions for dispensing with or relaxing building regulations as may be appropriate, and the planning authority shall comply therewith.
\n
Petrol pumps, etc., on public roads.
\n
89.—(1) The planning authority may grant to any person a licence to erect, construct, place, and maintain— (a) a petrol pump, oil pump, air pump or other appliance for the servicing of vehicles, (b) a vending machine, (c) a town or landscape map for indicating directions or places, (d) a hoarding, fence or scaffold, (e) an advertisement structure, (f) a cable, wire or pipeline, (g) any other appliance or structure specified by the Minister by regulations as suitable for being licensed under this section, on, under, over or along a public road.
\n
(2)A person applying for a licence under this section shall furnish to the planning authority such plans and other information concerning the position, design and capacity of the appliance or structure as the authority may require.
\n
(3)A licence may be granted under this section by the planning authority for such period and upon such conditions as the authority may specify, and where in the opinion of the planning authority by reason of the increase or alteration of traffic on the road or of the widening of the road or of any improvement of or relating to the road, the appliance or structure causes an obstruction or becomes dangerous, the authority may by notice in writing withdraw the licence and require the licensee to remove such appliance or structure at his own expense.
\n
(4)(a) Any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under this section or to the conditions specified by the planning authority for such a licence, appeal to the Minister. (b) Where an appeal under this section is allowed, the Minister shall give such directions with respect to the withdrawing, granting or altering of a licence under this section as may be appropriate, and the planning authority shall comply therewith.
\n
(5)(a) The Minister may make regulations prescribing the amount of the fee to be paid to the planning authority for the grant of a licence under this section, and any such fees shall be applied by the planning authority in the manner directed by the regulations. (b) Different fees may be prescribed under this subsection in respect of different appliances and structures.
\n
(6)Nothing in this section shall be construed as affecting the application to petrol pumps of the regulations for the time being in force relating to the storage or sale of motor spirit or to authorise the use of a petrol pump otherwise than in accordance with those regulations.
\n
(7)A person shall not be entitled solely by reason of a licence under this section to erect, construct, place or maintain on, under, over or along a public road any appliance or structure.
\n
(8)Subject to subsection (9) of this section, any person who— (a) erects, constructs, places or maintains an appliance or structure referred to in subsection (1) of this section on, under, over or along any public road without having a licence under this section so to do, or (b) erects, constructs, places or maintains such an appliance or structure on, under, over or along any public road otherwise than in accordance with a licence under this section, or (c) contravenes any condition subject to which a licence has been granted to him under this section, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten 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 two pounds for each day on which the contravention is so continued.
\n
(9)(a) A planning authority may, by virtue of this subsection, themselves erect, construct, place or maintain, on, under, over or along a public road any appliance or structure referred to in subsection (1) of this section, and it shall not be necessary for them to have a licence under this section. (b) Nothing in this subsection shall be taken as empowering a planning authority to hinder the reasonable use of a public road by the public or any person entitled to use it or as empowering a planning authority to create a nuisance to the owner or occupier of premises adjacent to the public road.
\n
(10)Where a planning authority are not the road authority for the purposes of main roads in their area, they shall not, in pursuance of this section, grant a licence in respect of any appliance or structure on, under, over or along a main road or erect, construct or place any appliance or structure on, under, over or along a main road save after consultation with the authority who are the road authority for those purposes.
\n
Saving for national monuments.
\n
90.—Nothing in this Act shall restrict, prejudice, or affect the functions of the Minister for Finance or the Commissioners of Public Works in Ireland under the National Monuments Acts, 1930 and 1954, in relation to national monuments as defined by those Acts or any particular such monuments.
\n
Amendment of Section 42 of Public Health (Ireland) Act, 1878.
\n
91.—
\n
Section 42
\n
of the Public Health (Ireland) Act, 1878 , is hereby amended by the substitution of “two months” for “one month” and “such two months” for “such month”.
\n
Transitional.
\n
92.—(1) An application for a special permission under the Act of 1934 which was under consideration by a planning authority immediately before the appointed day shall be treated for the purposes of this Act as an application for a permission under section 26 of this Act.
\n
(2)A general or special permission granted under the Act of 1934 shall be treated for the purposes of this Act (including, in particular, sections 30, 31 and 35) as a permission granted under section 26 of this Act, and a record of such permission shall be included in the register.
\n
(3)An appeal under section 59 of the Act of 1934 in relation to a grant or refusal of a special or general permission which was pending immediately before the appointed day shall be treated for the purposes of this Act as an appeal under section 26 of this Act, except that a direction shall not be given in relation to the appeal under paragraph (b) of subsection (1) of section 18 of this Act.
\n
(4)In relation to an order made under section 14 of the Town and Regional Planning (Amendment) Act, 1939 , before the appointed day, that Act and the Act of 1934 shall be treated as continuing in force for the purpose of enabling effect to be given in relation to the order to the provisions contained in the said section 14.
\n
(5)(a) Any bye-laws in force immediately before the operative day under section 41 of the Public Health (Ireland) Act, 1878 , for any matters other than those set out in paragraph (1) of that section shall on and after that day continue to apply in relation to— (i) plans which, in accordance with such bye-laws, were deposited before the operative day, and (ii) work carried out in accordance with plans deposited before the operative day, with or without departure or deviation from those plans, and (iii) works carried out and completed before the operative day. (b) Except as provided by the foregoing paragraph, all bye-laws in force immediately before the operative day under section 41 of the Public Health (Ireland) Act, 1878 , for any matters other than those set out in paragraph (1) of that section shall be repealed on the operative day, but subsections (1) and (2) of section 21 of the Interpretation Act, 1937 , shall apply in relation to the repeals effected by this paragraph as they apply in relation to the repeal of any provision in an Act of the Oireachtas. (c) The amendment made by subsection (11) of section 86 of this Act in any enactment shall not apply so as to exclude from that enactment any reference to bye-laws made under section 41 of the Public Health (Ireland) Act, 1878 , as in force before the operative day, or as continued in force by this subsection. (d) In this subsection “the operative day” means the day on which this subsection comes into operation.
\n
(6)(a) A licence under section 137 of the Cork Improvement Act, 1868, section 47 of the Dublin Corporation Act, 1890, or section 35 of the Local Government Act, 1925 , in force immediately before the appointed day shall be treated for the purposes of this Act as a licence under section 89 of this Act. (b) An appeal under section 35 of the Local Government Act, 1925 , pending immediately before the appointed day shall be treated for the purposes of this Act as an appeal under section 89 of this Act. (c) Regulations in force immediately before the appointed day under section 35 of the Local Government Act, 1925 , shall continue in force as if they were regulations under section 89 of this Act and may be amended or revoked accordingly. (d) Subsection (8) of section 89 of this Act shall not have effect in relation to an appliance or structure referred to in subsection (1) of that section (other than a hoarding, fence or scaffold in the county borough of Dublin or in the county borough of Cork or a petrol pump) before the expiration of the period of six months beginning on the appointed day.
\n
FIRST SCHEDULE.
\n
Towns.
\n
Section 2
\n
.
\n
Part I.
\n
Ardee Balbriggan Ballybay Ballyshannon Bandon Bantry Belturbet Boyle Callan Cootehill Droichead Nua Edenderry Fethard in the county of Tipperary South Riding Gorey Granard Kilkee Lismore Loughrea Mountmellick Muinebeag Mullingar Newcastle West Passage West Portlaoighise Rathkeale Roscommon Tramore Tuam
\n
Part II.
\n
Abbeyfeale Abbeyleix Athenry Bailieborough Ballaghaderreen Ballinrobe Ballybofey Ballybunion Ballyhaunis Banagher Blanchardstown Blarney Caher Cahersiveen Carndonagh Carrick-on-Shannon Castlecomer-Donaguile Castleisland Castlereagh Celbridge Clara Claremorris Clifden Clondalkin Dingle Donegal Dunmanway Ennistimon Gort Graiguenamanagh-Tinnahinch Greystones-Delgany Kanturk Kenmare Kildare Killorglin Killybegs Kilmallock Lucan-Doddsborough Malahide Maynooth Millstreet Mitchelstown Moate Monasterevin Mountrath Moville Portarlington Portlaw Rathdrum Rathluirc Roscrea Rush Skerries Swineford Swords Tallaght Thomastown Tullow SECOND SCHEDULE.
\n
Repeals.
\n
Section 11
\n
.
\n
Session and Chapter or Number and Year Short Title Extent of Repeal 10 & 11 Vic., c. 34.
\n
Towns Improvement Clauses Act, 1847.
\n
Sections 66 to 72 and 110 and 111.
\n
14 & 15 Vic., c. 92.
\n
Summary Jurisdiction (Ireland) Act, 1851 .
\n
Subsection (2) of section 9.
\n
17 & 18 Vic., c. 103.
\n
Towns Improvement (Ireland) Act, 1854 .
\n
In section 38 the words “and also so much thereof as relates to improving the line of the streets and removing obstructions”; section 44.
\n
24 & 25 Vic., c. 26.
\n
Dublin Improvement Act Amendment Act, 1861.
\n
Section 9.
\n
31 & 32 Vic., c. xxxiii.
\n
Cork Improvement Act, 1868.
\n
Sections 132 to 135 and 137 and 146.
\n
41 & 42 Vic., c. 52.
\n
Public Health (Ireland) Act, 1878 .
\n
Sections 39 and 40.
\n
53 & 54 Vic., c. ccxlvi.
\n
Dublin Corporation Act, 1890.
\n
Sections 39, 47 and 48.
\n
7 Edw. 7, c. 27.
\n
Advertisements Regulation Act, 1907.
\n
The whole Act.
\n
7 Edw. 7, c. 53.
\n
Public Health Acts Amendment Act, 1907 .
\n
Sections 27 and 91.
\n
No. 5 of 1925.
\n
Local Government Act, 1925 .
\n
Section 35
\n
.
\n
No. 22 of 1934.
\n
Town and Regional Planning Act, 1934 The whole Act.
\n
No. 11 of 1939.
\n
Town and Regional Planning (Amendment) Act, 1939 .
\n
The whole Act.
\n
THIRD SCHEDULE.
\n
Purposes for which Objectives may be indicated in Development Plan.
\n
Section 19
\n
.
\n
Part I.
\n
Roads and Traffic.
\n
1.Securing the greater convenience and safety of road users and pedestrians.
\n
2.Reservation of land for roads and parking places.
\n
3.Establishment of public rights of way.
\n
4.Construction of new roads and alteration of existing roads.
\n
5.Closing or diverting of existing roads.
\n
6.Extinguishment of public and private rights of way.
\n
7.Establishing— (a) the line, width, level and construction of, (b) the means of access to and egress from, and (c) the general dimensions and character of, roads, whether new or existing.
\n
8.Providing for works incidental to the making, improvement or landscaping of any road, including the erection of bridges, tunnels and subways and shelters, the provision of artificial lighting and seats and the planting or protecting of grass, trees and shrubs on or adjoining such road.
\n
Part II.
\n
Structures.
\n
1.Regulating and controlling, either generally or in particular areas, all or any of the following matters— (a) the size, height, floor area and character of structures; (b) building lines, coverage and the space about dwellings and other structures; (c) the extent of parking places required in, on or under structures of a particular class or size or services or facilities for the parking, loading, unloading or fuelling of vehicles; (d) the objects which may be affixed to structures; (e) the purposes for and the manner in which structures may be used or occupied, including, in the case of dwellings, the letting thereof in separate tenements.
\n
2.Regulating and controlling the design, colour and materials of structures.
\n
3.Reserving or allocating any particular land, or all land in any particular area, for structures of a specified class or classes, or prohibiting or restricting either permanently or temporarily, the erection, construction or making of any particular class or classes of structures on any specified land.
\n
4.Limiting the number of structures or the number of structures of a specified class which may be constructed, erected or made, on, in or under any area.
\n
5.The removal or alteration of structures which are inconsistent with the development plan.
\n
6.Regulating and controlling— (a) the disposition or layout of structures or structures of any specified class (including the reservation of reasonable open space in relation to the number, class and character of structures in any particular development proposal); (b) the manner in which any land is to be laid out for the purpose of development, including requirements as to road layout, landscaping, planting; (c) the provision of water supplies, sewers, drains and public lighting; (d) the provision of service roads and the location and design of means of access to roads; (e) the provision of facilities for parking, unloading, loading and fuelling of vehicles on any land.
\n
Part III.
\n
Community Planning.
\n
1.Regulating the layout of areas, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures.
\n
2.Determining the provision and siting of schools, churches, meeting halls and other community facilities.
\n
3.Determining the provision and siting of sanitary services and recreational facilities.
\n
Part IV.
\n
Amenities.
\n
1.Reserving of lands as— (a) open spaces, whether public or private (other than open spaces reserved under Part II of this Schedule or under the next paragraph), (b) caravan or camping sites.
\n
2.Reserving, as a public park, public garden or public recreation space, land normally used as such.
\n
3.Reserving of land for burial grounds.
\n
4.Reserving of lands for game and bird sanctuaries.
\n
5.Preservation of buildings of artistic, architectural or historical interest.
\n
6.Preservation of caves, sites, features and other objects of archaeological, geological or historical interest.
\n
7.Preservation of views and prospects and of amenities of places and features of natural beauty or interest.
\n
8.(a) Preservation and protection of woods. (b) Preservation and protection of trees, shrubs, plants and flowers.
\n
9.Prohibiting, restricting or controlling, either generally or in particular places or within a specified distance of the centre line of all roads or any specified road, the erection of all or any particular forms of advertisement structure or the exhibition of all or any particular forms of advertisement.
\n
10.Preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any structure, or from the objectionable or neglected condition of any land attached to a structure or abutting on a public road or situate in a residential area.
\n
11.Prohibiting, regulating or controlling the deposit or disposal of waste materials and refuse, the disposal of sewage and the pollution of rivers, lakes, ponds, gullies and the seashore.
\n
12.Providing on derelict sites or other land facilities such as car parks, seating, playing facilities, tennis-courts, shelters, toilets and playgrounds.
\n
13.Preservation of any existing public right of way giving access to seashore, mountain, lakeshore, riverbank, or other place of natural beauty or recreational utility.
\n
FOURTH SCHEDULE.
\n
Rules inserted in Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919.
\n
Section 69
\n
.
\n
(7)In the case of a compulsory acquisition of buildings, the reference in Rule (5) to the reasonable cost of equivalent reinstatement shall be taken as a reference to that cost not exceeding the estimated cost of buildings such as would be capable of serving an equivalent purpose over the same period of time as the buildings compulsorily acquired would have done, having regard to any structural depreciation in those buildings.
\n
(8)The value of the land shall be calculated with due regard to any restrictive covenant entered into by the acquirer when the land is compulsorily acquired.
\n
(9)Regard shall be had to any restriction on the development of the land in respect of which compensation has been paid under the Local Government (Planning and Development) Act, 1963.
\n
(10)Regard shall be had to any restriction on the development of the land which could, without conferring a right to compensation, be imposed under any Act or under any order, regulation, rule or bye-law made under any Act.
\n
(11)Regard shall not be had to any depreciation or increase in value attributable to— (a) the land, or any land in the vicinity thereof, being reserved for any particular purpose in a development plan, or (b) inclusion of the land in a special amenity area order.
\n
(12)No account shall be taken of any value attributable to any unauthorised structure or unauthorised use.
\n
(13)No account shall be taken of— (a) the existence of proposals for development of the land or any other land by a local authority, or (b) the possibility or probability of the land or other land becoming subject to a scheme of development undertaken by a local authority.
\n
(14)Regard shall be had to any contribution which a planning authority would have required as a condition precedent to the development of the land.
\n
(15)In Rules (9), (10), (11), (12), (13) and (14) “development”, “development plan”, “special amenity area order”, “unauthorised structure”, “unauthorised use”, “local authority” and “the appointed day” have the same meanings respectively as in the Local Government (Planning and Development) Act, 1963.
\n
(16)In the case of land incapable of reasonably beneficial use which is purchased by a planning authority under section 29 of the Local Government (Planning and Development) Act, 1963, the compensation shall be the value of the land exclusive of any allowance for disturbance or severance.
\n
FIFTH SCHEDULE.
\n
Matters for which Building Regulations may prescribe Standards.
\n
Section 86
\n
.
\n
1.Preparation of sites.
\n
2.Strength and stability.
\n
3.Fire precautions (including resistance of structure to the outbreak and spread of fire, the protection of occupants and means of escape in the event of fire).
\n
4.Resistance to moisture.
\n
5.Resistance to the transmission of heat.
\n
6.Resistance to the transmission of sound.
\n
7.Durability.
\n
8.Resistance to infestation.
\n
9.Drainage.
\n
10.Ventilation (including the provision of open space therefor).
\n
11.Daylighting (including the provision of open space therefor).
\n
12.Heating and artificial lighting.
\n
13.Services, installations and ancillary equipment (including services, installations and ancillary equipment for the supply or use of gas or electricity, and the provision of such arrangements for heating and cooking as are calculated to prevent or control so far as practicable the emission of smoke or noxious gases).
\n
14.Accommodation and ancillary equipment.
\n
15.Access.
\n
16.Prevention of danger and obstruction.
\n
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