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22 1934

TOWN AND REGIONAL PLANNING ACT, 1934

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.