Town and Regional Planning Act, 1934

Town and Regional Planning Act, 1934 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1934 Town and Regional Planning Act, 1934 Town and Regional Planning Act, 1934 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 22 of 1934. TOWN AND REGIONAL PLANNING ACT, 1934. ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title and commencement. 2. Definitions. 3. General definition of planning scheme. 4. The relevant date for the purposes of this Act. 5. Appointment of officers by local authorities. 6. Public inquiries. 7. General regulations. 8. Service of notices. 9. Furnishing of lists by inspectors of taxes. 10. Obligation to give information to planning or responsible authority. 11. Expenses of the Minister in the execution of this Act. 12. Expenses of local authorities in the execution of this Act. 13. Payment of expenses by a statutory undertaker. 14. Borrowing by local authorities. 15. Protection of statutory undertakers. 16. Provisions in relation to State property. PART II Planning Authorities and Areas 17. Planning districts and district planning authorities. 18. Formation of planning regions. 19. Audit of accounts of regional planning authorities. 20. The Dublin and Cork planning regions. 21. Power to extend certain planning districts. 22. Overlapping of planning regions. 23. Overlapping between planning districts and planning regions. PART III Preparation of Planning Schemes 24. Regulations, etc., by the Minister. 25. Preparation and publication of model forms of planning schemes. 26. Resolutions for the making of planning schemes. 27. Overlapping of planning schemes. 28. Powers or examination and survey for preparation of planning scheme. 29. Approval of planning schemes by the Minister. 30. Declaration in planning scheme prohibiting compensation. 31. Annulment of planning scheme by the High Court. 32. Coming into operation of planning scheme. 33. Revocation by the Minister of approval of planning scheme. 34. Revocation, etc., of a planning scheme by a subsequent planning scheme. 35. Revocation or modification of planning scheme at request of responsible authority. 36. Appeal in respect of revocation or modification of a planning scheme. PART IV Contents of Planning Schemes 37. Statement of relevant area in planning schemes. 38. Nomination of the responsible authority. 39. Establishment and maintenance of the register. 40. Certain provisions which may be contained in planning schemes. 41. Saving for national monuments. 42. Power for responsible authority to acquire land. 43. Modification of procedure for acquisition of land. 44. Suspension of acts, orders, etc., by planning schemes. 45. Appeal from control of design, etc., of structures. 46. Contribution by one local authority to expenses incurred by another local authority. PART V Execution of Planning Schemes 47. General duty of responsible authority. 48. Powers of entry, etc., for carrying out a planning scheme. PART VI Contravention of Planning Schemes 49. Penalty for contravention of planning scheme. 50. Powers for preventing etc., contraventions of planning schemes. 51. Notice of intention to exercise power. 52. 53. Recovery of expenses by responsible authority. 54. Doing of work by owner or occupier. 55. Application of provisions relating to compensation. 56. Penalty for obstruction of exercise of powers under this Part of this Act. PART VII Permission and Prohibition of Erection, Etc., of Structures 57. Control of constructive and other work for planning scheme. 58. Power to make unlawful any contravention of a special prohibition. 59. Appeal to Minister in relation to permission or prohibition. 60. Compensation for compliance with condition. PART VIII Compensation and Payment for Betterment in Respect of Planning Schemes 61. Compensation for restriction, etc., on user of property. 62. Postponement of payment of compensation. 63. Compensation for exercise of powers under Part VI. of this Act. 64. Compensation for unnecessary refusal of permission or making of prohibition. 65. Compensation in certain cases where resolution is revoked. 66. Compensation in certain cases for abortive work or expense. 67. Compensation where another enactment applies or might be applied. 68. Compensation where work could have been done under another Act. 69. Prohibition of compensation where planning scheme declares no compensation to be payable. 70. Prohibition of compensation in certain cases. 71. Prohibition of double compensation. 72. Payment for betterment. 73. Calculation of amount of payment for betterment. 74. Application of moneys paid as payment for betterment. 75. Arbitration on applications for compensation or payment for betterment. 76. Recovery of compensation payable by the responsible authority. 77. Recovery by the responsible authority of payment for betterment. 78. Registration and enforcement of charges on property. FIRST SCHEDULE SECOND SCHEDULE Acts Referred to Local Government (Dublin) Act, 1930 No. 27 of 1930 Cork City Management Act, 1929 No. 1 of 1929 Local Government Act, 1925 No. 5 of 1925 National Monuments Act, 1930 No. 2 of 1930 Acquisition of Land (Reference Committee) Act, 1925 No. 22 of 1925 Number 22 of 1934. TOWN AND REGIONAL PLANNING ACT, 1934. AN ACT TO MAKE PROVISION FOR THE ORDERLY AND PROGRESSIVE DEVELOPMENT OF CITIES, TOWNS, AND OTHER AREAS, WHETHER URBAN OR RURAL AND TO PRESERVE AND IMPROVE THE AMENITIES THEREOF AND FOR OTHER MATTERS CONNECTED THEREWITH. [29th May, 1934.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Preliminary and General. Short title and commencement. 1.—(1) This Act may be cited as the Town and Regional Planning Act, 1934. (2) This Act shall come into operation on such day as shall be fixed in that behalf by order made by the Minister under this section. Definitions. 2.—(1) In this Act— the expression “the Minister” means the Minister for Local Government and Public Health; the expression “reserved function” has in relation to the county borough of Dublin and the borough of Dun Laoghaire respectively the same meaning as it has in the Local Government (Dublin) Act, 1930 (No. 27 of 1930), and in relation to the county borough of Cork the same meaning as it has in the Cork City Management Act, 1929 (No. 1 of 1929); the expression “planning authority” includes both a district planning authority and a regional planning authority; the expression “district planning scheme” means a planning scheme made by a district planning authority for the whole or any part of their planning district; the expression “regional planning scheme” means a planning scheme made by a regional planning authority for the whole or any part of their planning region; the expression “special permission” means a permission granted under this Act by a planning authority (or the Minister on appeal) for the construction, demolition, alteration, extension, repair, or renewal of a particular structure; the expression “general permission” means a permission granted under this Act by a planning authority (or the Minister on appeal) for the construction, demolition, alteration, extension, repair, or renewal of all structures of a particular class or classes in a particular area or part of an area; the expression “special prohibition” means a prohibition made under this Act by a planning authority prohibiting, whether absolutely or subject to conditions, the further proceeding with the construction, demolition, alteration, extension, repair, or renewal of a particular structure; the expression “statutory undertaker” means a person authorised by a British Statute or an Act of the Oireachtas or an order having statutory force to construct, work, or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, electricity, or other public undertaking; the word “structure” means any building, erection, structure, excavation, or other thing constructed, erected, or made on, in, or under any land and, where the context so admits, includes the land on, in, or under which the structure is situate; the word “work” includes any act or operation of construction, demolition, extension, alteration, repair, or renewal; the word “road” means any road whether public or private; the word “prescribed” means prescribed by regulations made by the Minister under this Act. (2) For the purposes of this Act each of the following bodies shall be a local authority, that is to say:— (a) the council of a county borough, (b) the council of a county, (c) the council of a borough, (d) the council of an urban district, (e) a joint committee of any two or more of the said councils, (f) a board of public health, (g) a board of health and public assistance, (h) any joint board formed under the Public Health Acts, 1878 to 1931. (3) For the purposes of this Act the placing or keeping on any land of any shed, van, tent, or other object (whether fixed or movable or collapsible) which is not a structure shall be a use of such land. General definition of planning scheme. 3.—For the purposes of this Act, a planning scheme shall be taken to be a scheme made in accordance with this Act for the general purpose of securing the orderly and progressive development of a particular area, whether urban or rural, in the best interests of the community and of preserving, improving, and extending the amenities of such area. The relevant date for the purposes of this Act. 4.—(1) Save as is otherwise provided by this section, the relevant date for the purposes of this Act in respect of a planning scheme or of any particular provision contained in a planning scheme shall be the date on which the planning authority by whom such planning scheme was made passed the resolution for the making of such planning scheme. (2) Where a planning scheme (hereinafter referred to as “the subsequent scheme”) amends or wholly or partially revokes another planning scheme (hereinafter referred to as “the original scheme”), the relevant date for the purposes of this Act in respect of any provision contained in the subsequent scheme which is identical or substantially identical with a provision contained in the original scheme and revoked by the subsequent scheme shall (subject to any provision to the contrary made under the next following sub-section of this section) be the date which was the relevant date in respect of the said provision contained in the original scheme. (3) A planning scheme may provide that the date which would, under the foregoing provisions of this section, be the relevant date for the purposes of this Act in respect of such scheme or of any particular provision contained in such scheme shall not be the relevant date in respect of such scheme or such provision (as the case may be), and that in lieu thereof any later date specified in that behalf in such scheme shall be the relevant date for the purposes of this Act in respect of such scheme or such provision, as the case may be. (4) In this Act the expression “the relevant date” means the date which is fixed by or under this section to be the relevant date in respect of the planning scheme or the provision in relation to which the expression is used. Appointment of officers by local authorities. 5.—Any local authority may, subject to the provisions of any enactment relating to the appointment of officers by such local authority, appoint such and so many officers as it shall consider requisite for the execution of the functions, powers, and duties conferred or imposed by this Act, and every officer so appointed shall be paid such remuneration as such local authority shall, with the consent of the Minister determine. Public inquiries. 6.—(1) Whenever power is conferred on the Minister by this Act to make, approve of, confirm, or consent to any planning scheme, order, or regulation, to consent to any matter, to determine any appeal, difference, dispute, or other matter, or to take any other action, the Minister may before exercising such power hold a public inquiry into the matter which is the subject of such exercise of such power. (2) Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every public inquiry held under this section or any other section of this Act in like manner as the said Article applies in respect of the local inquiries therein mentioned. General regulations. 7.—(1) The Minister may by order make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed. (2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which such House has sat annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. Service of notices. 8.—(1) Where a notice is required by this Act or by a planning scheme to be given to a person, such notice shall be addressed to such person and shall be given to such person in some one of the following ways, that is to say:— (a) where such notice is addressed to such person by name, by delivering it to such person; (b) by leaving it at the address at which such person ordinarily resides; (c) by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides; (d) where the address at which such person ordinarily resides cannot be ascertained by reasonable inquiry and such notice is so required to be given in respect of any land or premises, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicious position on such land or premises. (2) Where a notice is required by this Act or by a planning scheme to be given to the owner or to the occupier of any land or premises and the name of such owner or of such occupier (as the case may be) cannot be ascertained by reasonable inquiry, such notice may be addressed to “the owner” or “the occupier” (as the case may require) without naming him. (3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. Furnishing of lists by inspectors of taxes. 9.—(1) Whenever a planning authority or a responsible authority is required by or under this Act or a planning scheme to serve notices on the owners of property, such authority may require the inspector of taxes in whose district such property is situate to furnish to such authority a list of the names and addresses of all owners and occupiers of property shown in the assessments to income tax under Schedule A of the Income Tax Act, 1918 (as amended by subsequent enactments), last made before a specified date in a specified area which is within the district of such inspector and within the functional area of such authority. (2) An inspector of taxes may charge for any list of names and addresses furnished by him in pursuance of this section such fee, not exceeding five shillings for every hundred entries separately numbered, as the Revenue Commissioners shall direct, and the payment of such fee by the planning authority or responsible authority requiring such list shall be a condition precedent to the furnishing of such list. Obligation to give information to planning or responsible authority. 10.—(1) A planning authority or a responsible authority may, for any purpose arising in relation to the making, enforcement, or carrying out of a planning scheme, by notice in writing require the occupier of any land or structure in the area to which such planning scheme relates or is intended to relate or any person receiving, whether for himself or for another, rent out of any such land or structure to state in writing to such planning authority or responsible authority (as the case may be), within a specified time not less than fourteen days after being so required, particulars of the estate, interest, or right by virtue of which he occupies such land or structure or receives such rent (as the case may be), and the name and address, and the estate, interest, or right (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such land or structure. (2) Every person who is required under this section to state in writing any matter or thing to a planning authority or a responsible authority (as the case may be) and either fails so to state such matter or thing within the time appointed under this section or when so stating any such matter or thing makes any statement in writing which is to his knowledge false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. Expenses of the Minister in the execution of this Act. 11.—Save as is otherwise provided by this Act all expenses incurred by the Minister in the execution of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Expenses of local authorities in the execution of this Act. 12.—(1) The expenses incurred by a local authority in or in relation to the making or execution of a planning scheme or otherwise in the execution of this Act shall, save as is otherwise provided by or under this Act, be raised— (a) in the case of a county council, by means of the poor rate equally over such and so many townlands in the county health district in relation to which such expenses were so incurred as the Minister, on the application of such county council, may at any time and from time to time determine, and unless or until the Minister makes any such determination equally over the whole of such county health district, and (b) in the case of a board of health, by means of the poor rate equally over such and so many townlands in the county health district of such board of health as the Minister, on the application of such board of health, may at any time and from time to time determine, and unless or until the Minister makes any such determination equally over the whole of such county health district, and (c) in the case of any other local authority, in the manner in which expenses incurred by such local authority under the Public Health Acts, 1878 to 1931, are defrayed. (2) Whenever any expenses are by virtue of this section to be raised by means of the poor rate over the whole of or over any particular townlands in a county health district (in this sub-section referred to as the chargeable area), the Minister may, on the application of the council or board by whom such expenses were or are to be incurred, direct that such expenses shall not be raised equally over the whole of the chargeable area but shall, as between specified townlands in the chargeable area, be raised in such proportions as the Minister shall think proper to specify, and thereupon such expenses shall, notwithstanding anything contained in this section, be raised in accordance with such direction. Payment of expenses by a statutory undertaker. 13.—Any statutory undertaker may agree to pay and may pay to a planning authority all or any part of the expenses incurred by such planning authority in or in relation to the making of a planning scheme or to a responsible authority all or any part of the expenses incurred by such responsible authority in or in relation to the execution of a planning scheme. Borrowing by local authorities. 14.—(1) The council of a county may borrow under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, for the purpose of defraying any expenses incurred by such council or by a planning authority partly appointed by such council in the making or execution of a planning scheme or otherwise in the execution of this Act in like manner as if such purpose were mentioned in that Article and money borrowed for any such purpose shall not be reckoned as part of the debt of such council for the purposes of any limitation on borrowing imposed by the said Article. (2) The council of a county borough, a borough, or an urban district or the board of health for a county health district may borrow under the Public Health Acts, 1878 to 1931, for the purpose of defraying any expenses incurred by such council or board or by a planning authority partly appointed by such council in the making or execution of a planning scheme or otherwise in the execution of this Act as if such purpose were a purpose for which such council or board is authorised to borrow under those Acts, but money borrowed for any such purpose shall not be reckoned as part of the debt of such council or board for the purposes of any limitation on borrowing imposed by those Acts. Protection of statutory undertakers. 15.—(1) No provision contained in a planning scheme shall apply to any land or to any structure on, in, or under any land which is at the relevant date occupied by a statutory undertaker for the purposes of his undertaking so long as such land or structure continues to be so occupied, unless or save in so far as either such statutory undertaker consents under this section to the application of such provision to such land or structure or the Minister by order made under this section directs that such provision shall apply to such land or structure. (2) A planning authority by whom a planning scheme has been or is being made or the responsible authority under a planning scheme may request any statutory undertaker, who on the relevant date occupies for the purposes of his undertaking any land in the area to which such planning scheme relates or is intended to relate, to consent to the application of any provision in such planning scheme to such land or to any structure on, in, or under such land. (3) Where any such request as is mentioned in the next preceding sub-section of this section has been made by a planning authority or a responsible authority to a statutory undertaker and such statutory undertaker does not, within two months after the making of such request, either give or refuse the consent mentioned in such request, such statutory undertaker shall be deemed for the purposes of this section to have given such consent at the expiration of the said period of two months. (4) Where any such request as aforesaid made by a planning authority or a responsible authority to a statutory undertaker is refused by such statutory undertaker within two months after the making of such request, such planning authority or such responsible authority (as the case may be) may appeal to the Minister against such refusal, and on such appeal the Minister may, if he is of opinion that such refusal is unreasonable, by order declare that the provision the subject of such request shall apply or, where the planning scheme has not been made, may be applied to the land or structure mentioned in such request either, as the Minister shall think proper, without restriction or to such limited extent or subject to such conditions as the Minister shall think proper to specify in such order. (5) Before making an order under this section in relation to any land or to any structure on, in, or under any land occupied for the purposes of a railway, canal, inland navigation, dock, harbour, tramway, gas, or electricity undertaking, the Minister shall consult with the Minister for Industry and Commerce in regard to such order. (6) Whenever any land or structure in the area to which a planning scheme relates is at the relevant date occupied by a statutory undertaker for the purposes of his undertaking, and ceases at any time after the relevant date to be occupied by such statutory undertaker for such purposes, and either such statutory undertaker has not given the consent mentioned in this section or the Minister has not made an order under this section, every provision contained in such planning scheme which would have applied to such land or structure if it were not so occupied by such statutory undertaker shall, immediately upon such cesser, apply to such land or structure but with the modification that the date of such cesser shall be the relevant date in respect of such land or structure. Provisions in relation to State property. 16.—(1) Any Minister or statutory board having control of land to which this section applies may, if and so far as he or they so thinks or think proper having regard to the purposes for which such land is under his or their control and to his or their primary duty in regard thereto, co-operate with a planning authority or a responsible authority with a view to securing that such land shall be so used and maintained as to conform with the general objects or any particular object of a planning scheme, and may, where he or they so thinks or think proper, enter into an agreement with such planning authority or responsible authority for the purpose of providing for such co-operation and for financial and other matters consequential thereon or incidental thereto. (2) Where, in the case of land to which Article 11 of the Constitution applies, the making of leases of such land or, in the case of any other land to which this section applies, the alienation of such land by a Minister or a statutory board is subject to the sanction, consent, or approval of the Minister for Finance, no agreement shall be made under this section in regard to such land without the consent of the Minister for Finance. (3) This section applies to all land which belongs to Saorstát Eireann by virtue of Article 11 of the Constitution and to all land which for the time being is state property or is vested in any Minister or statutory board whether by statute, purchase, gift, or otherwise. (4) In this section the word “land” includes structure, and the expression “statutory board” means a board of commissioners or other board or body established by statute or statutory order and exercising any function of government or discharging any public duties in relation to public administration throughout Saorstát Eireann. PART II. Planning Authorities and Areas. Planning districts and district planning authorities. 17.—(1) Every county borough, every borough, every urban district, and every county health district shall be a planning district for the purposes of this Act. (2) The council of a county borough, of a borough, or of an urban district shall be the district planning authority for the purposes of this Act for the planning district consisting of such county borough, borough, or urban district, as the case may be. (3) The council of a county shall be the district planning authority for the purposes of this Act for every planning district consisting of a county health district situate in such county. Formation of planning regions. 18.—(1) The respective district planning authorities for any two adjoining planning districts or for any three or more planning districts each of which adjoins another or others of such districts may, by a resolution under this section passed by each of such authorities, determine that all such planning districts or specified portions thereof shall become and be a planning region for the purposes of this Act. (2) A resolution under this section shall define the area and boundaries of the planning region to be constituted thereby and the name by which such planning region is to be known, and may impose restrictions on the matters to be contained in or dealt with by a regional planning scheme for such planning region or any part thereof, either to secure that any such scheme shall deal only with matters affecting the common interests of the whole of such planning region or for any other purpose. (3) A resolution under this section shall not be passed by a district planning authority unless or until the prescribed notice of the intention to propose such resolution has been given. (4) A resolution under this section shall not have any force or effect unless or until similar resolutions have been duly passed by all the district planning authorities concerned and all such resolutions have been approved of by the Minister. (5) When resolutions under this section have been duly passed by all the district planning authorities concerned and have been approved of by the Minister, the area specified and defined in that behalf in such resolutions shall become and be a planning region for the purpose of this Act, and the regional planning authority for such planning region shall be a joint committee of the said district planning authorities consisting of such number of persons (whether members or not members of any of the said authorities) appointed by the said authorities in such proportions as shall be agreed by the said authorities or, in default of such agreement, shall be fixed by the Minister. (6) The Minister may by order appoint the time of appointment (including the first appointment) of the members of a joint committee which is a regional planning authority for a planning region constituted under this section, the period for which such members shall hold office, the method of filling casual vacancies in the membership of such committee, the disqualification of members of such committee who cease to be or become disqualified for being members of the district planning authority by whom they were appointed, and the conduct of the business of such committee. (7) The expenses incurred by a regional planning authority constituted under this section in the exercise of their powers and the performance of their duties as such authority shall be defrayed by the several district planning authorities by whom such regional planning authority is appointed in such proportions as shall be agreed upon by such authorities or, in default of such agreement, shall be fixed by the Minister. (8) The Minister may, if and whenever he thinks proper so to do, by order direct that a specified regional planning authority constituted under this section shall pay contributions towards the travelling expenses incurred by members of such authority in attending the meetings of such authority, and thereupon, as from the coming into operation of such order, section 63 of the Local Government Act, 1925 (No. 5 of 1925), and the Fifth Schedule to that Act shall apply to such regional planning authority as if such authority were a county authority within the meaning of the said section 63 . (9) In the case of the county borough of Dublin, of the borough of Dun Laoghaire, and of the county borough of Cork respectively, the passing of a resolution under this section for the constitution of a planning region shall be a reserved function. Audit of accounts of regional planning authorities. 19.—(1) The accounts of every regional planning authority (other than the respective regional planning authorities for the Dublin planning region and the Cork planning region) shall be audited by an auditor appointed by the Minister and the following enactments, that is to say, sections 12 to 15 of the Local Government (Ireland) Act, 1871, sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898, and sections 20 and 21 of the Local Government (Ireland) Act, 1902, as amended or adapted by or under any subsequent enactment shall apply to the audit and auditor of the accounts of such authorities in the same manner as such enactments as so amended or adapted apply to the audit and auditor of the accounts of the public bodies specified therein. (2) The Minister shall from time to time as occasion requires ascertain and determine what proportion of the salary paid to the auditor appointed under this section to audit the accounts of a regional planning authority should be charged in respect of such audit, and the amount of such proportion of such salary shall be paid by such regional planning authority to the said Minister. The Dublin and Cork planning regions. 20.—(1) The county borough of Dublin and the counties of Dublin, Kildare, Meath and Wicklow shall for the purposes of this Act collectively form and be a planning region which shall be known and is in this Act referred to as the Dublin planning region. (2) The county borough of Cork and the county of Cork shall for the purposes of this Act collectively form and be a planning region which shall be known and is in this Act referred to as the Cork planning region. (3) The Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin shall be the regional planning authority for the Dublin planning region and the Lord Mayor, Aldermen, and Burgesses of Cork shall be the regional planning authority of the Cork planning region. (4) So far as is reasonably possible, the respective regional planning authorities for the Dublin planning region and the Cork planning region shall confine the exercise of their powers as such authorities to matters affecting only the county borough of Dublin or the county borough of Cork (as the case may be), but where either of such authorities proposes to exercise any of such powers in relation to any portion of the Dublin planning region or the Cork planning region (as the case may be) outside the said county borough, such authority shall ascertain the opinions and requirements of the district planning authority for every planning district which, or any portion of which, would be affected by such exercise of such powers and shall in such exercise of such powers consider the opinions and requirements so ascertained. (5) Every doubt, question, or dispute as to whether any act (whether of commission or omission) done by the regional planning authority for the Dublin planning region or the Cork planning region is or is not a contravention of the next foregoing sub-section of this section shall be determined by the Minister whose decision thereon shall be final. (6) All expenses incurred by the regional planning authority for the Dublin planning region or the regional planning authority for the Cork planning region in the exercise of their powers and performance of their duties under this Act as such authority shall be defrayed in the manner in which such expenses would be required to be defrayed under this Act if they were expenses incurred by the district planning authority for the county borough of Dublin or the county borough of Cork, as the case may be. Power to extend certain planning districts. 21.—(1) The Minister may, on the application of the council of a county borough, of a borough, or of an urban district and after such notice and consideration and being satisfied as is hereinafter mentioned, by order declare that as from a specified date not prior to the date of such order a specified portion (in this Act referred to as a contiguous area) of a county health district contiguous to such county borough, borough, or urban district shall for all the purposes of this Act (save as is by this section otherwise provided) be added to and form part of the planning district which consists of or includes such county borough, borough, or urban district. (2) The Minister shall not make an order under this section save after giving to the council of the county in which the contiguous area proposed to be the subject of such order is situate one month's notice of his intention to make such order and considering any representations thereon made to him by such council within such month. (3) The Minister shall not make an order under this section unless he is satisfied that the development of the contiguous area proposed to be the subject of such order should be co-ordinated with the development of the planning district to which such contiguous area is proposed to be added. (4) Whenever an order is made under this section the following provisions shall have effect on and from the day on which such order comes into effect, that is to say:— (a) the contiguous area the subject of such order shall cease to be part of the planning district in which it was included immediately before the coming into operation of such order; (b) the said contiguous area shall become and be for all purposes of this Act (save as is by this section otherwise provided) part of and included in the planning district to which it is added by such order; (c) the council of the county in which the said contiguous area is situate shall cease to be the district planning authority in respect of such contiguous area; (d) the council which immediately before the coming into operation of such order was the district planning authority for the said planning district to which the said contiguous area is added by such order shall continue to be the district planning authority for the said planning district as enlarged by the addition thereto of the said contiguous area; (e) if, at the coming into operation of such order, the said contiguous area is part of a planning region (other than the Dublin planning region and the Cork planning region) which does not include the said planning district to which the said contiguous area is added by such order, the said contiguous area shall continue to be included in such planning region, and the regional planning authority for such planning region shall be enlarged by such order by the addition to such authority of such number of persons (whether members or not members of the authority by whom they are appointed) appointed by the district planning authority for the said planning district as shall be fixed by such order. (5) Where an order (in this section referred to as the principal order) has been made under this section, the Minister may by order revoke the principal order at any time before but not after the district planning authority for the planning district enlarged by the principal order has passed a resolution for the making of a planning scheme for the contiguous area or an area including the contiguous area which is the subject of the principal order. (6) In the case of the county borough of Dublin, of the borough of Dun Laoghaire, and of the county borough of Cork respectively, the making of an application for an order under this section shall be a reserved function. Overlapping of planning regions. 22.—A planning region formed under this Act in consequence of resolutions in that behalf passed by two or more district planning authorities shall not be situate either wholly or partly within another planning region similarly formed but may be situate wholly or partly within the Dublin planning region or the Cork planning region. Overlapping between planning districts and planning regions. 23.—(1) The fact that a planning district is situate wholly or partly within a planning region shall not prevent the extension under this Act of such planning district by the inclusion therein of a contiguous area which is within or outside or partly within and partly outside such planning region or is wholly or partly within another planning region. (2) The fact that a planning district is not situate either wholly or partly within any planning region shall not prevent the extension under this Act of such planning district by the inclusion therein of a contiguous area which is wholly or partly within a planning region. PART III. Preparation of Planning Schemes. Regulations, etc., by the Minister. 24.—(1) The Minister shall by order make regulations in relation to the several matters and things mentioned in the First Schedule to this Act. (2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. Preparation and publication of model forms of planning schemes. 25.—The Minister may, as and when he thinks fit, prepare and publish, for the use and guidance of planning authorities and other persons interested, general instructions in relation to the preparation of planning schemes, together with model forms of planning schemes and of provisions and clauses usually inserted in planning schemes. Resolutions for the making of planning schemes. 26.—(1) A planning authority may, by resolution in the prescribed form of the intention to propose which not less than one month's notice has been given in writing to every member of such authority and notice has been published at least once in each of two successive weeks in three newspapers (of which at least one is a daily newspaper) circulating in the planning region or planning district of such authority, and for the passing of which more than half the members of such authority have voted, decide to make a planning scheme for (as the case may be) their planning region or any specified part thereof or their planning district or any specified part thereof. (2) A resolution under this section shall not be invalidated by the making of an amendment therein after the giving and publication of notice of such resolution in accordance with this section and before the passing of such resolution, unless the effect of such amendment is to include in the area to which such resolution relates an area which was not so included when notice of such resolution was so given and published. (3) It shall not be lawful for a planning authority to revoke a resolution duly passed under this section deciding to make a planning scheme. (4) Where the planning authority by whom a planning scheme (in this sub-section referred to as the existing scheme) was made pass a resolution for the making of a planning scheme revoking, amending, or varying the existing scheme, the Minister may by order revoke such resolution save in so far as such resolution relates to an area to which the existing scheme does not relate or in which the existing scheme is not in force. (5) The consideration and the making by a planning authority of a decision to make a planning scheme shall, in the case of the county borough of Dublin, the borough of Dun Laoghaire and of the county borough of Cork respectively, be a reserved function. Overlapping of planning schemes. 27.—(1) Subject to the provisions of this section, the making by a planning authority of a planning scheme for the whole or for any particular part of their planning region or planning district (as the case may be) shall not prevent either— (a) the making by such planning authority of a planning scheme for any area (for which they can lawfully make a planning scheme) which wholly or partly includes or is included in the area to which such first-mentioned planning scheme relates, or (b) the making by any other planning authority of a planning scheme for any area (for which they can lawfully make a planning scheme) which wholly or partly includes or is included in the area to which such first-mentioned planning scheme relates. (2) Where a planning authority makes a planning scheme (in this sub-section referred to as the earlier scheme) and the same or any other planning authority subsequently makes a planning scheme (in this sub-section referred to as the later scheme) for an area which is included, wholly or partly, in the area to which the earlier scheme relates, then the later scheme shall not be inconsistent with the earlier scheme, but in order to avoid such inconsistency the later scheme or the order of the Minister approving of it may declare any specified part or provisions of the earlier scheme to be inconsistent with the later scheme and thereupon such specified part or provisions of the earlier scheme shall become and be void as from the coming into operation of the later scheme but without prejudice to the validity of anything previously done under the earlier scheme. (3) For the purposes of the foregoing sub-section of this section a planning scheme shall be deemed to be made on the day of the date of the order of the Minister approving of it and the relative priorities of planning schemes shall for those purposes be determined accordingly. Powers or examination and survey for preparation of planning scheme. 28.—(1) A planning authority may at any time cause the whole or any part of their planning region or planning district (as the case may be) to be examined and surveyed and the circumstances and requirements thereof to be investigated for the purpose of deciding whether a planning scheme should or should not be made for such planning region or planning district or any part thereof and of making such planning scheme if decided upon. (2) Any person authorised in that behalf in writing by a planning authority may, for the purpose of any examination, survey, or investigation which such planning authority is authorised by this section to cause to be made, and on production of such written authority, enter between the hours of nine o'clock in the morning and six o'clock in the afternoon on any land in the planning region or planning district (as the case may be) of such planning authority and there do any thing which such person shall reasonably consider to be necessary for the said purpose. (3) Every person who obstructs or interferes with any other person in the exercise by such other person of any power vested in him by virtue of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. Approval of planning schemes by the Minister. 29.—(1) When a planning authority has decided under this Act to make a planning scheme, such authority shall with all convenient speed give effect to such decision and make a planning scheme in accordance therewith and shall submit such scheme to the Minister for his approval. (2) When a planning scheme is submitted by a planning authority to the Minister for his approval, the Minister may by order either (as he shall think proper) approve of such scheme without modification, or require such scheme to be modified by such planning authority in such manner (whether by addition, omission, or variation) as he shall specify, or require a new scheme to be made and submitted to him by such planning authority. (3) When the Minister requires under this section a planning scheme submitted to him to be modified by a planning authority, it shall be the duty of such planning authority to modify such scheme accordingly and to re-submit such scheme as so modified to the Minister, and thereupon sub-section (2) of this section shall apply as if such scheme were then being submitted to the Minister for the first time. (4) When the Minister requires under this section a new planning scheme to be made and submitted to him by a planning authority, it shall be the duty of such planning authority to make with all convenient speed a new planning scheme accordingly and to submit such scheme to the Minister for his approval, and thereupon sub-section (2) of this section shall apply as if such submission were the first submission of an original scheme. (5) When a planning authority refuses or neglects to modify a planning scheme or to make and submit a new planning scheme in accordance with a requisition in that behalf made by the Minister under this section and the Minister is satisfied, after holding a public inquiry, that such refusal or neglect was unreasonable, the Minister may himself modify such planning scheme or make such new planning scheme in accordance with such requisition and by order approve of such scheme as so modified, or made, and thereupon such planning authority shall pay to the Minister on demand such sum as the Minister shall certify to be the amount of the expenses incurred by him by reason of such refusal or neglect. (6) Whenever the Minister makes an order under this section approving of a planning scheme, the planning authority by whom such scheme was made shall cause copies of such order and of such planning scheme to be made available for public inspection at the prescribed times and places, and shall within the prescribed time cause to be published in the Iris Oifigiúil and in such other manner as shall be prescribed notice of the making of such order and of the times and places at which copies of such order and of such planning scheme are available for public inspection. (7) Every order made by the Minister under this section approving of a planning scheme shall be laid (together with such planning scheme) before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling such order is passed by either such House within the next three weeks (omitting from the reckoning any week in which such House has not sat at all) after the week in which such order is laid before such House or notice of the making of such order is published in the Iris Oifigiúil, whichever is the later, such order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. (8) Whenever an order approving of a planning scheme is annulled under the next preceding sub-section of this section, such planning scheme shall be deemed to have been re-submitted, on the day on which such annulment occurred, to the Minister in the form in which such scheme was approved by the said order, and thereupon this Part of this Act shall apply in respect of such planning scheme as if such re-submission were a submission under this section of such scheme to the Minister for his approval by the planning authority by whom such scheme was made and as if such submission were the first occasion on which such planning scheme was so submitted. (9) The making and submission of a planning scheme under this section shall, in the case of the county borough of Dublin, of the borough of Dun Laoghaire, and of the county borough of Cork respectively, be a reserved function. Declaration in planning scheme prohibiting compensation. 30.—(1) Subject to the provisions of this section, a planning scheme may contain a declaration that no compensation shall be payable under this Act on account of or arising from the coming into operation of a specified provision in such planning scheme which relates to a matter mentioned in Part II (except paragraph 5 thereof) or Part III (except paragraph 1 thereof) of the Second Schedule to this Act or limits the number or prescribes the sites of new roads entering on an existing or a new road or is inserted in such planning scheme for the purpose of making effective any provision so relating, limiting or prescribing as aforesaid. (2) The Minister shall not approve of a planning scheme containing any such declaration as is authorised by the foregoing sub-section of this section unless he is satisfied— (a) that, having regard to local circumstances, it is just and reasonable that the provision in respect of which such declaration is made should be enforced without compensation, and (b) that the planning scheme does not preclude the payment of compensation for loss or injury arising from— (i) being prevented by the operation of the planning scheme from maintaining a building or other structure which was in existence on the relevant date, or from continuing to use any such building or other structure for the purpose for which it was used on the relevant date, or from making reasonable alterations in and (in proper cases) reasonable additions to any such building or other structure, or (ii) where a building or other structure which was in existence at any time within two years before the relevant date has been demolished or been destroyed by fire or otherwise, being prevented by the operation of the planning scheme from erecting, within two years after such demolition or destruction on the site of such demolished or destroyed building or other structure a new building or other structure which substantially replaces such demolished or destroyed building or other structure or from using such new building or other structure for the purpose for which such demolished or destroyed building or other structure was last used. (3) Every dispute and question whether a new building or other structure substantially replaces within the meaning of this section a demolished or destroyed building or other structure shall be determined by the Minister, but the Minister shall not so determine that a new building substantially replaces a demolished or destroyed building unless he is satisfied that the cubic content of so much of such new building as is above ground level is at least equal to so much of such demolished or destroyed building as was above ground level and the superficial area of the ground floor of such new building is at least equal to the superficial area of the ground floor of such demolished or destroyed building. Annulment of planning scheme by the High Court. 31.—(1) Whenever the Minister has made an order approving of a planning scheme, any person whose property would be affected by such planning scheme may, within one month after the publication in the Iris Oifigiúil of notice of the making of such order, apply to the High Court for the annulment of such scheme or of any specified portion thereof and on such application— (a) if the High Court is of opinion that the whole or substantially the whole of such planning scheme contravenes or is not authorised by or is not made in accordance with this Act, the High Court may annul such scheme, and (b) if the High Court is of opinion that a part only of such planning scheme contravenes or is not authorised by or is not made in accordance with this Act, the High Court may either, as shall appear to the High Court to be most convenient to all parties, annul the said part of such planning scheme or annul the whole of such planning scheme. (2) The annulment of part of a planning scheme by the High Court under this section shall not prevent the subsequent revocation by the Minister of the order approving of such planning scheme. (3) Where the whole of a planning scheme is annulled by the High Court under this section, this Part of this Act shall apply and have effect in respect of such planning scheme as if the Minister had, on the day on which such planning scheme is so annulled, made an order requiring the planning authority by whom such planning scheme was made to make and submit to him a new planning scheme. (4) The Minister shall be entitled to appear, be heard, and adduce evidence at the hearing of an application under this section, and whenever the Minister so appears on any such application the costs and expenses incurred by him of and incidental to such application shall, when taxed and ascertained, be paid by the planning authority by whom the planning scheme which is the subject of such application was made, save if and in so far as such costs and expenses are ordered by the High Court to be paid by and are recovered from any other person. (5) On an application under this section, the High Court may order the costs and expenses of or incidental to such application incurred by any party (including the applicant and the Minister) who appears at the hearing of such application to be paid by any other such party (including as aforesaid). (6) Where the High Court is of opinion that an application under this section is frivolous or vexatious, the High Court may order the person making such application to pay to the planning authority by whom the planning scheme the subject of such application was made such sum by way of damages (over and above any costs and expenses awarded under the next foregoing sub-section of this section) on account of loss, delay, inconvenience, or other injury occasioned by such application as the High Court shall fix. Coming into operation of planning scheme. 32.—(1) Whenever the Minister has made an order approving of a planning scheme, the Minister may, unless such order has been annulled by a resolution passed by either House of the Oireachtas or the whole of such planning scheme has been annulled by the High Court, make at his discretion an order appointing the day on which such planning scheme or so much thereof as has not been annulled by the High Court shall come into operation. (2) When the Minister has made an order under this section appointing the day on which a planning scheme shall come into operation, such planning scheme (except such part, if any, thereof as shall have been annulled by the High Court) shall come into operation on and have statutory force and effect as on and from the day so appointed. Revocation by the Minister of approval of planning scheme. 33.—(1) Whenever the Minister has made an order approving of a planning scheme, he may, at any time before such scheme comes into operation but not after such order has been annulled by a resolution of either House of the Oireachtas or such scheme has been wholly annulled by the High Court, by order revoke his said order approving of such planning scheme. (2) When an order approving of a planning scheme is revoked under this section, such planning scheme shall be deemed to have been submitted on the day of the date of such revocation order to the Minister for his approval by the planning authority by whom such scheme was made and in the form in which it was approved by the said order so revoked, and thereupon this Part of this Act shall apply in respect of such scheme as if such submission were the first occasion on which such scheme was submitted to the Minister under this Part of this Act. Revocation, etc., of a planning scheme by a subsequent planning scheme. 34.—A planning scheme which has been approved of by order of the Minister may at any time after it has come into operation, be revoked in whole or in part, or amended or varied by a planning scheme subsequently made by the planning authority by whom such first-mentioned scheme was made and duly approved of and brought into operation under this Act. Revocation or modification of planning scheme at request of responsible authority. 35.—(1) A responsible authority under a planning scheme may at any tim …