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28 1963

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963

PART I.

Preliminary and General.

Short title and commencement.

1. —(1) This Act may be cited as the Local Government (Planning and Development) Act, 1963.

(2) This Act shall come into operation as follows:

(a) this section shall come into operation on the passing of this Act,

(b) sections 86, 87 and 88 and subsection (5) of section 92 shall come into operation on the day fixed for that purpose by the Minister for Local Government by order,

(c) if an order is made under paragraph (a) of subsection (3) of this section, the rest of this Act shall come into operation on the day appointed by that order,

(d) if an order is not made under paragraph (a) of subsection (3) of this section, the rest of this Act shall come into operation in an area on the day appointed with respect to that area by order made under paragraph (b) of that subsection.

(3) The Minister for Local Government—

(a) may by order appoint a day to be the day appointed under this Act, or

(b) may by orders appoint two or more different days to be, with respect to different areas respectively, the days appointed under this Act.

Interpretation.

2. —(1) In this Act, save where the context otherwise requires—

the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919;

the Act of 1934” means the Town and Regional Planning Act, 1934 (repealed by this Act);

advertisement” means any word, letter, model, balloon, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction;

advertisement structure” means any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for exhibiting advertisements;

agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, the use of land for turbary, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

alteration” includes any plastering or painting which materially alters the external appearance of a structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures;

appointed day” means—

(a) if a day is appointed under paragraph (a) of subsection (3) of section 1 of this Act, that day, and

(b) if a day is not appointed under that paragraph, the day appointed under paragraph (b) of that subsection with respect to the relevant area;

building regulations” has the meaning assigned to it by section 86;

car park” has the same meaning as in section 101 of the Road Traffic Act, 1961 ;

development” has the meaning assigned to it by section 3, and “develop” shall be construed accordingly;

development plan” has the meaning appropriate in accordance with subsection (9) of section 19;

exempted development” has the meaning specified in section 4;

exhibit”, in relation to an advertisement, includes affix, inscribe, print, paint and otherwise delineate;

fence” includes a hoarding or similar structure;

functions” includes powers and duties;

land” includes any structure and any land covered with water (whether inland or coastal) and, in relation to the acquisition of land, includes any interest or right in or over land (including an interest or right granted by or held from the authority acquiring the land);

local authority” means a local authority for the purposes of the Local Government Act, 1941 ;

the Minister” means the Minister for Local Government;

non-municipal town” means a place (not being a county borough, borough, urban district or town in which the Towns Improvement (Ireland) Act, 1854, is in operation) which is designated a town in the report of the census of population taken in the year 1956;

obsolete area” means an area consisting of land (in this definition referred to as the principal land) which, in the opinion of the planning authority, is badly laid out or the development of which has, in their opinion, become obsolete, together with such land contiguous or adjacent to the principal land as, in the opinion of the planning authority, is necessary for the satisfactory development or user of the principal land;

owner”, in relation to land, means, a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

prescribed” means prescribed by regulations made by the Minister;

public place” means any street, road, seashore or other place to which the public have access whether as of right or by permission and whether subject to or free of charge;

public road” has the same meaning as in the Road Traffic Act, 1961 ;

the register” means the register kept under section 8;

reserved function” means—

(a) with respect to the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1955, a reserved function for the purposes of the County Management Acts, 1940 to 1955,

(b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

road” has the same meaning as in the Road Traffic Act, 1961 ;

scheduled town” means—

(a) any town specified in Part I of the First Schedule to this Act, or

(b) any non-municipal town specified in Part II of that Schedule;

seashore” has the same meaning as in the Foreshore Act, 1933 ;

special amenity area order” means an order confirmed under section 43;

statutory undertaker” means a person authorised by a British or Saorstát Éireann statute or an Act of the Oireachtas or an order having statutory force to construct, work, or carry on a railway, canal, inland navigation, dock, harbour, gas, electricity, or other public undertaking;

structure” means any building, erection, structure, excavation, or other thing constructed, erected, or made on, in, or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situate;

unauthorised structure” means—

(a) in relation to a structure in an area in relation to which a resolution under section 26 of the Act of 1934 was passed, a structure other than—

(i) a structure in existence when that resolution was passed,

(ii) a structure for which there was a general or special permission under that Act, being a permission which has not been revoked,

(iii) a structure the construction, erection or making of which was the subject of a permission for development granted under section 26 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out on or after the appointed day of exempted development,

(iv) a structure for the retention of which a permission was granted under section 27 of this Act, being a permission which has not been revoked,

(v) a structure which, immediately before the appointed day, had the protection afforded by section 15 of the Act of 1934, or

(b) in relation to a structure in any other area, a structure other than—

(i) a structure in existence on the commencement of the appointed day, or

(ii) a structure the construction, erection or making of which was the subject of a permission for development granted under section 26 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out on or after the appointed day of exempted development;

unauthorised use” means, in relation to land, use commenced on or after the appointed day, the change in use being a material change and being development other than development the subject of a permission granted under section 26 of this Act or exempted development;

use”, in relation to land, does not include the use of the land by the carrying out of any works thereon;

works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal.

(2) In this Act “planning authority” means—

(a) in the case of a county exclusive of any borough or urban district therein, the council of the county,

(b) in the case of a county or other borough, the corporation of the borough, and

(c) in the case of an urban district, the council of the district,

and references to the area of the planning authority shall be construed accordingly.

(3) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.

(4) Any reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.

(5) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(6) (a) A town specified in Part II of the First Schedule to this Act shall be taken for the purposes of this Act as comprising the area declared by the council of the county in which the town is situate to be comprised therein for those purposes.

(b) Declaration of any such area shall be a reserved function.

(7) In subsection (1) of section 22 , subsection (1) of section 26 , subsection (1) of section 27 , subsection (2) of section 30 , subsection (2) of section 31 , subsection (2) of section 32 , subsection (2) of section 33 , subsection (2) of section 35 , subsection (3) of section 36 and subsection (3) of section 37 of this Act—

(a) the references to the provisions of the development plan shall, until that plan is made, be construed as references to the provisions which the planning authority consider will be included in that plan;

(b) the references to the provisions of any special amenity area order relating to the area of the planning authority shall be construed as including references to any provisions which the planning authority consider will be included in a special amenity area order relating to their area.

(8) The Minister may by order vary the First Schedule to this Act by addition or deletion, but, where any such order is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

Development.

3. —(1) “Development” in this Act means, save where the context otherwise requires, the carrying out of any works on, in, or under land or the making of any material change in the use of any structures or other land.

(2) For the purposes of subsection (1) of this section and without prejudice to the generality thereof—

(a) where any structure or other land or any tree or other object on land becomes used for the exhibition of advertisements, or

(b) where land becomes used for any of the following purposes:

(i) the placing or keeping of any vans, tents or other objects, whether or not moveable and whether or not collapsible, for the purpose of caravanning or camping or the sale of goods,

(ii) the storage of caravans or tents,

(iii) the deposit of bodies or other parts of vehicles, old metal, mining or industrial waste, builders' waste, rubble or debris,

the use of the land shall be taken as having materially changed.

(3) For the avoidance of doubt it is hereby declared that for the purposes of this section the use as two or more dwellings of any structure previously used as a single dwelling involves a material change in the use of the structure and of each part thereof which is so used.

Exempted development.

4. —(1) The following shall be exempted developments for the purposes of this Act:

(a) development consisting of the use of any land for the purposes of agriculture or forestry (including afforestation), and development consisting of the use for any of those purposes of any building occupied together with land so used;

(b) development by the council of a county in the county health district;

(c) development by the corporation of a county or other borough in such borough;

(d) development by the council of an urban district in such district;

(e) development consisting of the carrying out by the corporation of a county or other borough or the council of a county or an urban district of any works required for the construction of a new road or the maintenance or improvement of a road;

(f) development consisting of the carrying out by any local authority or statutory undertaker of any works for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, cables, overhead wires, or other apparatus, including the breaking open of any street or other land for that purpose;

(g) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures;

(h) development consisting of the use of any structure or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(i) development consisting of the carrying out of any of the works referred to in the Land Reclamation Act, 1949 .

(2) (a) The Minister may by regulations provide for any class of development being exempted development for the purposes of this Act and such provision may be either without conditions or subject to conditions and either general or confined to a particular area or place.

(b) Regulations under this subsection may, in particular and without prejudice to the generality of the foregoing paragraph, provide, in the case of structures or other land used for a purpose of any specified class, for the use thereof for any other purpose being exempted development for the purposes of this Act.

(3) References in this Act to exempted development shall be construed as references to development which is—

(a) any of the developments specified in subsection (1) of this section, or

(b) development which, having regard to any regulations under subsection (2) of this section, is exempted development for the purposes of this Act.

References to the Minister.

5. —(1) If any question arises as to what, in any particular case, is or is not development or exempted development, the question shall be referred to and decided by the Minister.

(2) Where a decision is given under this section, an appeal to the High Court from the decision may be taken at any time within the period of three months after the giving of the decision or such longer period as the High Court may in any particular case allow.

Power of examination, investigation and survey.

6. —(1) A planning authority shall have all such powers of examination, investigation and survey as may be necessary for the performance of their functions in relation to this Act or to any other Act under which they have functions affected by the performance of their functions under this Act.

(2) In particular and without prejudice to the generality thereof, subsection (1) of this section shall be construed as conferring powers to make—

(a) examinations of tourist potential, interest and need,

(b) land use surveys,

(c) traffic, sociological and demographic surveys.

Service of notices, etc.

7. —(1) Where a notice or copy of an order is required or authorised by this Act or any order or regulation made thereunder to be served on or given to a person, it shall be addressed to him and shall be served on or given to him in some one of the following ways:

(a) where it is addressed to him by name, by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be given or served in respect of any land or premises, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.

(2) Where a notice or copy of an order is required by this Act or any order or regulation made thereunder to be served on or given to the owner or to the occupier of any land or premises and the name of the owner or of the occupier (as the case may be) cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier” (as the case may require) without naming him.

(3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1959, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) Where a notice or copy of an order is served on or given to a person by affixing it under paragraph (d) of subsection (1) of this section, a copy of the notice or order shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided.

(5) A person who, at any time during the period of three months after a notice is affixed under paragraph (d) of subsection (1) of this section, removes, damages or defaces the notice without lawful authority shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(6) Where the Minister is satisfied that reasonable grounds exist for dispensing with the serving or giving under this Act or under any order or regulation made thereunder of a notice or copy of an order and that dispensing with the serving or giving of the notice or copy will not cause injury or wrong, he may dispense with the serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof.

(7) A dispensation under the foregoing subsection may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent.

Register.

8. —(1) A planning authority shall keep a register (in this Act referred to as the register) for the purposes of this Act in respect of all land within their area affected by this Act, and shall make all such entries and corrections therein as may from time to time be appropriate in accordance with this Act and any regulations made thereunder.

(2) The register shall incorporate a map for enabling a person to trace any entry in the register.

(3) The register shall be kept at the offices of the planning authority and shall be available for inspection during office hours.

(4) (a) A document purporting to be a copy of an entry in the register and to be certified by an officer of the planning authority as a correct copy shall be prima facie evidence of the entry and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.

(b) Evidence of an entry in the register may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the register itself.

(c) Where application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him to the planning authority of a fee of ten shillings in respect of each entry.

Obligation to give information to planning authority.

9. —(1) A planning authority may, for any purpose arising in relation to their functions under this Act, by notice in writing require the occupier of any structure or other land or any person receiving, whether for himself or for another, rent out of any structure or other land to state in writing to such authority, within a specified time not less than fourteen days after being so required, particulars of the estate, interest, or right by virtue of which he occupies such structure or other land or receives such rent (as the case may be), and the name and address (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such structure or other land.

(2) Every person who is required under this section to state in writing any matter or thing to a planning authority and either fails so to state such matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his knowledge false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty pounds.

Regulations generally.

10. —(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Repeals.

11. —The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.