Number 22 of 1934.
TOWN AND REGIONAL PLANNING ACT, 1934.
ARRANGEMENT OF SECTIONS
Preliminary and General
Section | |
Obligation to give information to planning or responsible authority. | |
Planning Authorities and Areas
Overlapping between planning districts and planning regions. |
Preparation of Planning Schemes
Contents of Planning Schemes
Certain provisions which may be contained in planning schemes. | |
Contribution by one local authority to expenses incurred by another local authority. |
Execution of Planning Schemes
Contravention of Planning Schemes
Powers for preventing etc., contraventions of planning schemes. | |
Penalty for obstruction of exercise of powers under this Part of this Act. |
Permission and Prohibition of Erection, Etc., of Structures
Power to make unlawful any contravention of a special prohibition. | |
Appeal to Minister in relation to permission or prohibition. | |
Compensation and Payment for Betterment in Respect of Planning Schemes
Acts Referred to | |
No. 27 of 1930 | |
No. 1 of 1929 | |
No. 5 of 1925 | |
No. 2 of 1930 | |
No. 22 of 1925 | |
Number 22 of 1934.
TOWN AND REGIONAL PLANNING ACT, 1934.
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 time apply to the planning authority by whom such planning scheme was made for the revocation or modification of such planning scheme on all or any of the following grounds, that is to say:—
(a) on account of the amount of the compensation which has been or is likely to be awarded under this Act or otherwise in respect of provisions contained in such planning scheme;
(b) on account of practical difficulties in the execution or enforcement of such planning scheme;
(c) on account of events which have occurred since the making of such planning scheme.
(2) Whenever an application under the foregoing sub-section of this section is received by a planning authority, the chief executive officer of such planning authority shall forthwith give to each member of such planning authority and publish the like notices of such application as are required by this Act to be given and published of the intention to propose a resolution for the making of a planning scheme.
(3) A planning authority to whom an application is made under this section shall after notice has been given and published in accordance with the next preceding sub-section of this section consider such application and may, as they shall think proper, either—
(a) decide to revoke such planning scheme by a revoking planning scheme and pass a resolution for the making of such revoking planning scheme accordingly, or
(b) decide to modify such planning scheme by an amending planning scheme and pass a resolution for the making of such amending planning scheme accordingly, or
(c) refuse such application.
(4) Whenever a planning authority decides under this section to make a revoking or amending planning scheme, the provisions of this Part of this Act shall apply in respect of such revoking or amending planning scheme in like manner as they apply to the planning schemes mentioned in the said Part.
(5) The provisions of this Part of this Act in relation to the passing of resolutions for the making of a planning scheme and to such resolutions when passed shall apply in respect of a resolution under consideration by or passed by a planning authority under this section for the making of a revoking or amending planning scheme as if the notice required by this section to be given and published by the chief executive officer of such planning authority were a notice of intention to propose a resolution in the terms of such application.
(6) Whenever a responsible authority has made an application under this section to a planning authority and such planning authority fails to consider and deal finally with such application within three months after the making of such application, such planning authority shall be deemed to have refused such application and, for the purpose of computing any period of time, such refusal shall be deemed to have been made on the last day of the said period of three months.
(7) The making of an application under sub-section (1) of this section and also the consideration of and dealing with an application under the said sub-section (1) shall, in the case of the county borough of Dublin, of the borough of Dun Laoghaire, and of the county borough of Cork, be reserved functions.
Appeal in respect of revocation or modification of a planning scheme.
36.—(1) Where a responsible authority has made an application under this Part of this Act to a planning authority for the revocation or modification of a planning scheme and is aggrieved by the action of such planning authority in respect of such application, such responsible authority may, within one month after such planning authority has finally dealt with or is deemed to have refused such application, appeal to the Minister and thereupon the Minister may, as he shall think proper, either confirm the action of such planning authority or require such planning authority to make a revoking or amending planning scheme.
(2) Where the Minister, on an appeal under this section, requires a planning authority to make a revoking or amending planning scheme, it shall be the duty of such planning authority to make and submit to the Minister for his approval such revoking or amending planning scheme accordingly.
(3) When a planning authority refuses or neglects to make a revoking or amending planning scheme in accordance with a requisition in that behalf made by the Minister under this section, the Minister may himself make such revoking or amending planning scheme and by order approve of such scheme as so 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.
(4) The institution of an appeal to the Minister under this section and also the making of a revoking or amending planning scheme in pursuance of 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, be reserved functions.
PART IV.
Contents of Planning Schemes.
Statement of relevant area in planning schemes.
37.—Every planning scheme shall specify and define clearly the area to which it relates, and no provision contained in such scheme shall apply or purport to apply outside such area.
Nomination of the responsible authority.
38.—(1) Every planning scheme—
(a) shall name either one local authority to be the responsible authority for the purposes of such scheme or two or more local authorities to be the several responsible authorities for the purposes of such scheme, and
(b) may assign to a local authority so named in such scheme duties and functions in relation to the enforcement and carrying out of such scheme and in particular (subject to the provisions of this section) the doing for the purposes of such scheme of all or any of the following things, that is to say, the execution of any public work, the undertaking of any public service, or the acquisition of any land.
(2) Where a planning scheme names two or more local authorities to be the several responsible authorities for the purposes of such scheme, such scheme shall specify the area in respect of which or the purposes for which each of such local authorities is to be the responsible authority.
(3) A planning scheme shall not assign to a local authority named therein as a responsible authority the duty of executing any public work, undertaking any public service, or acquiring any land for any purpose unless such local authority has power by law to execute such work, undertake such service, or acquire such land for such purpose either under a statute other than this Act, or under a provision of this Act expressly conferring such power, or under a statute which is, by virtue of this Act, declared by a planning scheme to be in force in the area in which such work is to be executed or such service is to be undertaken or such land is to be acquired, as the case may be.
(4) In this Act (except this section) the expression “the responsible authority” shall be construed as referring to the local authority which is the responsible authority under the planning scheme in the area, and for the purpose in relation to which the expression is used.
Establishment and maintenance of the register.
39.—Every planning scheme shall provide for the establishment and maintenance by one specified responsible authority of a register (in this Act referred to as the register) in the prescribed form of all such things as are required by this Act to be entered in the register in relation to or for the purposes of such scheme, and shall also provide for the keeping of such register open to public inspection free of charge in a convenient place at all reasonable times, and, where appropriate, for the making of entries in such register by responsible authorities who are not the responsible authority charged with the duty of maintaining such register.
Certain provisions which may be contained in planning schemes.
40.—(1) A planning scheme may contain provisions for all or any of the following purposes in relation to the area to which the scheme relates and may contain different such provisions in respect of different parts of such area, that is to say:—
(a) for regulating the construction, extension, diversion, alteration, and closing of roads and ways, and in particular for all or any of the purposes mentioned in Part I of the Second Schedule to this Act;
(b) for regulating and controlling the making, alteration, and user of structures and the objects which may be affixed to structures, and in particular for all or any of the purposes mentioned in Part II of the Second Schedule to this Act;
(c) for preserving, improving, and extending the amenities of the area to which the scheme applies, and in particular for all or any of the purposes mentioned in Part III of the Second Schedule to this Act;
(d) for all or any of the purposes in relation to public services mentioned in Part IV of the Second Schedule to this Act;
(e) for all or any of the purposes in relation to transport and communication mentioned in Part V of the Second Schedule to this Act;
(f) for all or any of the miscellaneous purposes mentioned in Part VI of the Second Schedule to this Act.
(2) A planning scheme may also contain any provision which is ancillary or incidental to or consequential on any provision authorised by the next foregoing sub-section of this section.
(3) A planning scheme may, for the purpose of making effective any such provision as is authorised by the first sub-section of this section, contain provisions—
(a) controlling, restricting or prohibiting, either generally or in particular circumstances or cases, the exercise or acquisition of rights of way, rights of light, and other easements within the area or any particular part of the area to which the scheme relates, or
(b) controlling and limiting the purposes for and manner in which any particular land or all land in any particular part of the area to which the scheme relates may be used, including prohibiting the use of such land for any purpose except a specified purpose or class of purposes or in any manner except a specified manner.
(4) A planning scheme may determine the manner in and the area over which all or any of the expenses incurred by a local authority in or in relation to the making, enforcement, and carrying out of such planning scheme, (other than expenses incurred in doing any act or thing by virtue of a power or authority conferred by an enactment other than this Act) shall be defrayed and raised, and whenever a planning scheme contains any such determination, the expenses to which such determination relates shall, notwithstanding anything contained in this Act, be defrayed and raised in accordance with such determination.
(5) A planning scheme may provide that a specified statute which is not in force in the area or a particular part of the area to which such scheme relates but could lawfully be adopted or otherwise put in force in such area or particular part thereof by any person, authority, or means other than an Act of the Oireachtas shall for the purposes of such scheme be deemed to have been so put in force and that all (if any) consents and sanctions necessary for such putting in force shall be deemed to have been given and that such statute shall for the said purposes be in force accordingly.
Saving for national monuments.
41.—A planning scheme shall not contain any provision which restricts, prejudices, or affects the powers or duties of the Minister for Finance, the Commissioners of Public Works in Ireland, or any local authority under the National monuments Act, 1930 (No. 2 of 1930), in relation to national monuments as defined by that Act or any particular such monument.
Power for responsible authority to acquire land.
42.—(1) At any time after a planning scheme comes into operation, the responsible authority shall, in addition and without prejudice to any power of acquiring land conferred by any other Act, have power to acquire land in the area to which such scheme relates in any of the following circumstances, that is to say:—
(a) where the land is required for the improvement, in accordance with such scheme, of the frontage of any road or for controlling, in accordance with such scheme, the development of the frontage of any road or
(b) where the land is held in separate plots and, by reason of either the inconvenient arrangement or shape of such plots or the multiplicity of interests in such land, it is not reasonably practicable for such land to be developed in accordance with such scheme unless such land is acquired by the responsible authority, or
(c) where the land is part of the site of a road which has been closed in pursuance of a provision contained in such scheme.
(2) For the purpose of the acquisition of land by a responsible authority under this section, sections 203, 214, and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Local Government Act, 1925 (No. 5 of 1925), shall apply as if those sections as so amended were herein re-enacted and made applicable to such responsible authority with and subject to the modifications made by this Act in the procedure under the said sections.
(3) A responsible authority may at any time, with the consent of the Minister, sell or let by public auction or private treaty in suitable lots any land acquired by such authority under this section.
Modification of procedure for acquisition of land.
43.—(1) Where a responsible authority proposes to acquire (otherwise than by agreement) land for the purposes of a planning scheme, whether in exercise of a power conferred by a statute other than this Act or of a power expressly conferred by this Act, the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month and, in such case, the notices mentioned in the said sub-section shall be served in the month next succeeding the month in which the said advertisements are published.
(2) Any enactment, whereby a local authority acquiring land under the Lands Clauses Acts is required to obtain a provisional order or to carry out any other preliminary procedure before putting into force in relation to such land the powers conferred by the said Acts for taking land otherwise than by agreement, shall not have effect in relation to the acquisition by a local authority of any particular land in pursuance of a provision in a planning scheme expressly requiring that land to be acquired by such local authority for the purposes of such scheme.
Suspension of acts, orders, etc., by planning schemes.
44.—(1) Where a planning scheme contains provisions in relation to the whole or any particular part of the area to which such scheme relates which are similar in effect to or are inconsistent with any enactment contained in an Act in force in the whole or such particular part (as the case may be) of such area or any enactment contained in any order, bye-law, or regulation made by a local authority under any such Act and so in force, such planning scheme may, subject to the provisions of this section, contain any such provisions (in this section collectively referred to as suspensory provisions) as are mentioned in whichever of the following paragraphs is applicable, that is to say:—
(a) in the case of an enactment contained in a public general British statute or a public Act of the Oireachtas, suspending the operation of such enactment in the whole or such particular part (as the case may be) of such area;
(b) in the case of an enactment contained in a local British statute or a private Act of the Oireachtas, suspending the operation or amending, adapting, or modifying the provisions of such enactment in relation to the whole or such particular part (as the case may be) of such area;
(c) in the case of an enactment contained in any such order, bye-law, or regulation as aforesaid, suspending the operation or amending, adapting, or modifying the provisions of such enactment in relation to the whole or such particular part (as the case may be) of such area.
(2) Subject to the provisions of the next following sub-section of this section, no suspensory provision contained in a planning scheme shall come into operation or have effect unless or until such suspensory provision has been confirmed by a resolution passed by each House of the Oireachtas.
(3) The next preceding sub-section of this section shall not apply in respect of any suspensory provision—
(a) relating solely to an enactment which could under any Act (other than this Act) have been made in relation to the area to which such suspensory provision applies by means of an order, bye-law, or regulation not requiring confirmation by the Oireachtas, or
(b) relating solely to an enactment which had previously been the subject of a suspensory provision contained in another planning scheme and confirmed under this section by a resolution passed by each House of the Oireachtas or relating solely to an enactment having substantially the same effect as an enactment which had previously been the subject of a suspensory provision so contained and confirmed as aforesaid.
Appeal from control of design, etc, of structures.
45.—(1) Where a planning scheme contains a provision conferring on the responsible authority power to regulate and control (whether generally or in particular areas) the design, colour, or materials of structures, any person aggrieved by a decision of the responsible authority made in exercise of such power may appeal from such decision to the Justice of the District Court having jurisdiction in the district in which is situate the structure to which such decision relates, and on such appeal such Justice may, as he shall think proper, affirm, vary, reverse, or annul such decision.
(2) A planning scheme which contains any such provision as is mentioned in the next preceding sub-section of this section may contain a provision that the appeal under that sub-section shall lie to a special tribunal of persons of special knowledge or practical experience constituted in such manner as may be stated in such provision in lieu of the Justice of the District Court, but in such case an appeal shall lie from every decision of such special tribunal to the Judge of the Circuit Court having jurisdiction in the Circuit in which is situate the structure to which such decision relates, and the decision of such Judge shall be final.
(3) The grounds on which an appeal under this section may be brought shall include the ground that carrying into effect the decision the subject of such appeal would involve unreasonable expense having regard to the character of the locality in which is situate the structure to which such decision relates and to the character of the neighbouring structures.
Contribution by one local authority to expenses incurred by another local authority.
46.—A planning scheme may provide for the payment by a local authority (in this section referred to as the contributing authority) to another local authority of a contribution towards all or any of the expenses incurred by the last-mentioned local authority in or in relation to the making, enforcement, and carrying out of such planning scheme, and whenever a planning scheme contains any such provision the contributing authority shall pay such contribution accordingly.
PART V.
Execution of Planning Schemes.
General duty of responsible authority.
47.—(1) When a planning scheme which names one responsible authority only comes into operation it shall be the duty of such responsible authority to carry out and enforce generally such scheme, and in particular to perform all such functions and duties and do all such things as are assigned to such authority by such scheme.
(2) When a planning scheme which names two or more responsible authorities comes into operation it shall be the duty of each of such responsible authorities to carry out and enforce generally such scheme in such area or for such purposes as are specified in that behalf in such scheme, and in particular to perform all such functions and duties and do all such things as are assigned to such authority by such scheme.
(3) Whenever a responsible authority does, in pursuance of a planning scheme, any act or thing by virtue of a power or authority conferred by an enactment other than this Act, all expenses incurred by such responsible authority in doing such act or thing shall (notwithstanding anything contained in this Act but subject and without prejudice to the right of such responsible authority to receive any contribution to such expenses payable under such scheme by any other local authority) be defrayed and raised in the manner and off the area provided by such enactment.
Powers of entry, etc., for carrying out a planning scheme.
48.—(1) Any person authorised in that behalf in writing by the responsible authority may, 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 area to which a planning scheme relates and there make such inspection, survey, examination and investigation as may be necessary for the purposes of the enforcement or carrying out of such scheme.
(2) Every person who shall obstruct or impede any person in the lawful exercise of any power conferred by 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.
PART VI.
Contravention of Planning Schemes.
Penalty for contravention of planning scheme.
49.—(1) Without prejudice to any civil remedy which may be available in the circumstances to the responsible authority or any other person, every person who does any act (whether of commission or omission) which is a contravention of a provision contained in a planning scheme shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued.
(2) The powers of serving notices, entering on land, and doing particular things on such land conferred by this Part of this Act on the responsible authority may be exercised whether proceedings have or have not been taken under this section in respect of the act or default (if any) which occasioned the exercise of such powers.
Powers for preventing etc., contraventions of planning schemes.
50.—For the purposes of preventing or remedying contraventions of the provisions contained in a planning scheme, the following provisions shall, subject to the other provisions of this Part of this Act, have effect, that is to say:—
(a) whenever a structure contravenes a provision contained in such planning scheme, the responsible authority may enter on such structure and there either, as they think proper, demolish and (if necessary) remove such structure or make such alterations in such structure as will bring it into conformity with such provision;
(b) whenever the occupier of any land has, in contravention of a provision contained in such planning scheme, neglected or failed to keep such land in such proper order and condition as is appropriate to the situation of such land, the responsible authority may enter on such land and there do all such things as may be necessary to put such land in such proper order and condition as aforesaid;
(c) whenever any land has been or is being used in a manner which contravenes a provision contained in such planning scheme and the condition, character, or appearance of such land has been or is being altered by such user, the responsible authority may enter on such land and there do all such things as may be necessary to restore such land to its condition, character, and appearance before such user was begun.
Notice of intention to exercise power.
51.—(1) Before exercising in relation to any structure or land a power conferred on them by the next preceding section of this Act, the responsible authority shall serve, on every owner and on every occupier of such structure or land and on every person having a right over or in respect of such structure or land which in the opinion of the responsible authority may be affected by such exercise, a notice stating—
(a) the intention of the responsible authority to exercise such power, and
(b) the structure or land in respect of which such power is intended to be exercised, and
(c) the relevant provision of the planning scheme and the contravention thereof in respect of which such power is intended to be exercised, and
(d) the general nature of the work or things intended to be done in exercise of such power, and
(e) the date on or after which the said intended exercise of such power is intended to be begun.
(2) The date stated in a notice served under this section as the date on or after which the intended exercise of the power therein mentioned is intended to be begun shall not be less than one month after the service of such notice and the responsible authority shall not do any act or thing in exercise of such power in relation to the structure or land mentioned in such notice before the said date.
(3) In this section the word “owner” means, in relation to any land or any structure, any person (other than a mortgagee not in possession) who is for the time being entitled to sell or otherwise dispose of the fee simple of such land or structure or of any term of years for the time being subsisting in respect of such land or structure of which the unexpired residue exceeds three years.
52.—(1) Whenever the responsible authority has served on any person under this Part of this Act a notice of their intention to exercise in relation to any structure or land a power conferred by this Part of this Act, such person may, before the date stated in such notice for the commencement of such exercise of such power, apply to the Justice of the District Court having jurisdiction in the district in which such structure or land is situate and on notice to the responsible authority, for an order quashing such notice, and thereupon the Justice, unless he is satisfied that circumstances exist entitling the responsible authority to exercise such power in relation to such structure or land in the manner indicated in such notice, may make an order quashing such notice.
(2) When an application has been made to the District Court under this section, the responsible authority shall not exercise the power mentioned in such notice in relation to the structure or land mentioned in such notice either in the manner indicated in such notice or at all unless or until such application has been finally refused.
Recovery of expenses by responsible authority.
53.—(1) Whenever the responsible authority in exercise of a power conferred by this Part of this Act has done any work or thing on or in respect of any structure or any land and such doing of such work or thing was rendered necessary by any work, act, or thing done or omitted (in this section referred to as the occasioning matter) by any person on or in respect of such structure or such land (as the case may be) after the relevant date, the responsible authority shall, save as is otherwise provided by this section, be entitled to be paid by and to recover (as a civil debt in any court of competent jurisdiction) from the person or the personal representative or successor in title of the person who was responsible for the occasioning matter all expenses reasonably incurred by the responsible authority in doing the said work or thing so done by them as aforesaid.
(2) The responsible authority shall not be entitled to recover under this section expenses incurred by them where either the occasioning matter was done or omitted under and in accordance with a special permission or the occasioning matter was an act which consisted solely of the completion of work which either was begun before and was in progress on the relevant date or was begun under and in accordance with a general permission and in either case was not done in contravention of a special prohibition.
(3) All moneys recoverable under this section by the responsible authority in respect of expenses incurred by such responsible authority shall, immediately upon completion of the work or thing in the doing of which such expenses were so incurred, become and be a charge on the land on which such work or thing was done or, in the case of any work or thing done on or to a structure, on such structure (if and so far as it still exists) and the rateable hereditament or tenement consisting of or including such land or structure.
(4) No matter or thing on which an order of the District Court quashing a notice under this Part of this Act could have been grounded shall be raised or admitted as a defence to proceedings for the recovery under this section (whether by action of debt or by enforcement of the charge created by this section) of expenses incurred by the responsible authority in the execution of any work or thing to which such notice related.
Doing of work by owner or occupier.
54.—(1) Whenever the responsible authority could by a proper exercise under and in accordance with this Part of this Act of a power conferred on them by this Part of this Act do any work or thing on or in respect of any structure or any land, the responsible authority may, if they so think fit, arrange with the owner or the occupier of such structure or such land (as the case may be) that he will himself do such work or thing to the satisfaction of the responsible authority.
(2) Where, in pursuance of an arrangement made under this section, any work or thing is done to the satisfaction of the responsible authority by the owner or the occupier of any structure or any land and the circumstances are such that the responsible authority, if they had done such work or thing themselves, would not have been entitled to recover under this Part of this Act the expenses incurred by them in doing the same, the responsible authority may pay to such owner or such occupier (as the case may be) a reasonable sum in respect of the expenses incurred by him in so doing such work or thing.
Application of provisions relating to compensation.
55.—For the purposes of the provisions of this Act in relation to compensation payable by the responsible authority, any work or thing which is done by the responsible authority in exercise of a power conferred on them by this Act and is so done in consequence of or for the purpose of preventing a contravention of a provision contained in a planning scheme shall be deemed to have been done by the responsible authority under or in pursuance of such provision.
Penalty for obstruction of exercise of powers under this Part of this Act.
56.—Every person who obstructs or interferes with the exercise by the responsible authority of any power vested in them under or by virtue of this Part of this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
PART VII.
Permission and Prohibition of Erection, etc., of Structures.
Control of constructive and other work for planning scheme.
57.—(1) When a planning authority has passed a resolution for the making of a planning scheme such planning authority may, at any time after passing such resolution and before such planning scheme comes into operation, do all or any of the following things, that is to say:—
(a) grant to any person applying therefor permission in writing to construct, demolish, alter, extend, repair, or renew a particular structure in the area to which such planning scheme is proposed to relate;
(b) grant, either on the application of some person interested or without any such application, a permission applicable to the whole of the said area or to a particular part thereof only for the construction, demolition, alteration, extension, repair, or renewal of structures of a particular class or classes;
(c) prohibit the further proceeding with the construction, demolition, alteration, extension, repair, or renewal of any particular structure situate in the said area.
(2) A planning authority may attach to a permission granted under this section such (if any) conditions as they think proper and specify in such permission.
(3) A planning authority may at any time revoke or amend a general permission previously granted by such authority, but such revocation or amendment shall not prejudice or affect the validity of such general permission during any period prior to such revocation or amendment.
(4) A special prohibition made by a planning authority may either (as such planning authority shall think proper) prohibit absolutely the further proceeding with the work to which such special prohibition relates or prohibit the further proceeding with such work otherwise than under and in accordance with conditions specified in such special prohibition.
(5) A special prohibition may be made by a planning authority notwithstanding that the work to which such special prohibition relates is, at the date of the making of such special prohibition, within the permission afforded by a general permission previously granted by such planning authority.
(6) Where an application is duly made to a planning authority for a special permission or a general permission under this section and no decision on such application is made by such planning authority within two months after the date of such application, such application shall be deemed for all purposes to have been granted by such planning authority at the expiration of the said period of two months.
Power to make unlawful any contravention of a special prohibition.
58.—(1) When a planning authority has passed a resolution for the making of a planning scheme and has, before such planning scheme comes into operation, made a special prohibition in relation to any work, such planning authority may, if they are of opinion that the prejudicial effect of proceeding with or doing the work to which such special prohibition relates would be of such nature as to be incapable of being remedied after the coming into operation of such planning scheme, declare, at any time before such planning scheme comes into operation, that any contravention of such special prohibition before such coming into operation shall be unlawful.
(2) Without prejudice to any civil remedy which may be available in the circumstances to the planning authority or any other person, every person who proceeds with or does any work which is a contravention of a special prohibition and is by virtue of a declaration under this section an unlawful contravention of such prohibition shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued, or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine or fines and such imprisonment.
Appeal to Minister in relation to permission or prohibition.
59.—(1) Any person aggrieved by the grant or the refusal by a planning authority of a special permission or a general permission or by the making of a special prohibition by such planning authority may appeal within the prescribed time to the Minister and thereupon the Minister may do such one or more of the following things as are applicable to the case and he thinks proper, that is to say:—
(a) confirm the grant, refusal or prohibition the subject of such appeal;
(b) revoke the grant of the permission or the making of the prohibition which is the subject of such appeal;
(c) in the case of an appeal from a refusal to grant a permission, give the said permission with such (if any) omissions, and variations and subject to such (if any) conditions as he shall think proper;
(d) in the case of an appeal from the grant of a general or special permission, amend (by deletion, addition, or variation) such permission or the conditions attached to such permission and confirm such permission with and subject to such amendments;
(e) in the case of an appeal from the grant of a general permission or the making of a special prohibition, amend (by deletion, addition, or variation) the permission or prohibition (as the case may be) in relation to the statement therein of the area, lands, structures, work, and uses to which such permission or prohibition applies and confirm such permission or prohibition with and subject to such amendment;
(f) in the case of an appeal from the making of a special prohibition amend such special prohibition by inserting conditions therein or deleting conditions therefrom or varying conditions contained therein and confirm such special prohibition with and subject to such amendments;
(g) in the case of an appeal from a special prohibition any contravention of which has been declared by a planning authority to be unlawful, revoke such declaration.
(2) Where on an appeal under this section from the making of a special prohibition, such prohibition is revoked by the Minister, or is confirmed by the Minister with new conditions inserted therein or with amendments of the conditions contained therein, the Minister may, if he thinks proper, as part of his determination of the matters the subject of such appeal, direct the planning authority by whom such prohibition was made to pay to the person by whom such appeal was brought such sum as the Minister shall think proper to specify by way of compensation for loss suffered by such person by reason of such prohibition during the period between the making of such prohibition and the determination of such appeal.
(3) The determination by the Minister of an appeal under this section shall be final and, in so far as it directs a planning authority to do any act or thing, shall be complied with by such planning authority.
Compensation for compliance with condition.
60.—(1) Whenever a condition is attached to or inserted in a special permission, a general permission, or a special prohibition and the value of any property is reduced by the due and proper performance or observance of such condition, the provisions of this Act in relation to compensation payable by the responsible authority shall, upon the coming into operation of the planning scheme in connection with which such permission or prohibition was granted or made, apply as if such reduction in value had been occasioned by a restriction on the user of such property effected by a provision contained in such planning scheme.
(2) The foregoing sub-section of this section shall not apply or have effect where the condition referred to in that sub-section is of such nature that, if the planning scheme referred to in the said sub-section had been in operation when such condition was imposed, such condition could have been enforced by a provision in such planning scheme and no compensation would be payable under this Act on account of or arising from the coming into operation of such provision.
PART VIII.
Compensation and Payment for Betterment in Respect of Planning Schemes.
Compensation for restriction, etc., on user of property.
61.—(1) Whenever a provision in a planning scheme restricts or controls the purposes for which any particular property may be used or curtails or limits the legal rights and powers exercisable or enjoyed in respect of any particular property by the owner or the occupier thereof and the value of such property is reduced by such restriction, control, curtailment, or limitation, every person having any estate or interest in or right over or in respect of such property shall, save as is otherwise provided by this Act, be entitled, on making an application under this section, to be paid by the responsible authority by way of compensation the amount (if any) by which his estate or interest in or right over or in respect of such property is so reduced in value and, in the case of the occupier of such property, the damage (if any) to his trade, business or profession, occasioned by such restriction, control, curtailment, or limitation.
(2) Every application for the payment of compensation under this section shall be made to the responsible authority within twelve months (or such longer time as shall be specified in the planning scheme) after the coming into operation of the provision on account of which such compensation is claimed.
Postponement of payment of compensation.
62.—(1) The responsible authority under a planning scheme may, within one month after the date of an award of compensation under the next preceding section of this Act to any person, give notice (in this section referred to as a suspensory notice) to such person of the intention of such authority to take steps to effect or obtain the revocation or amendment of the provision in such planning scheme on account of the coming into operation of which such compensation was awarded.
(2) No award of compensation under the said next preceding section shall be enforceable until the happening of the event specified in whichever of the following paragraphs is applicable, that is to say:—
(a) if within one month from the date of such award the responsible authority has given a suspensory notice in relation to such award and within four months from the giving of such notice the appropriate planning authority has passed a resolution for the making of a planning scheme to revoke or amend the provision to which such notice relates:—the coming into operation of a planning scheme made in pursuance of such resolution or the revocation by the Minister of such resolution, as the case may be;
(b) if within one month from the date of such award the responsible authority has given a suspensory notice in relation to such award and within four months after the giving of such notice the responsible authority has appealed to the Minister against a refusal by the appropriate planning authority of an application for a revocation or modification of the provision to which such notice relates:—the determination of such appeal by the Minister;
(c) if, in the case mentioned in the next preceding paragraph of this sub-section, the Minister when determining the appeal requires the planning authority to make a revoking or amending planning scheme:—the coming into operation of such revoking or amending planning scheme;
(d) in any other case in which the responsible authority has, within one month after the date of such award, given a suspensory notice in respect of such award:—the expiration of four months from the giving of such notice;
(e) in any other case whatsoever:—the expiration of one month from the date of such award.
(3) Notwithstanding anything contained in the foregoing sub-sections of this section, the right of any person to recover the amount of an award of compensation under the next preceding section of this Act on account of the coming into operation of a provision in a planning scheme shall cease on the coming into operation of a later planning scheme by which such provision is revoked or amended, but such cesser shall not prejudice or affect the right (if any) of such person to recover compensation under the said next preceding section on account of the coming into operation of a provision in such later planning scheme.
Compensation for exercise of powers under Part VI. of this Act.
63.—(1) Every person who suffers damage by reason of any act or thing done by the responsible authority in exercise of a power conferred on them by Part VI of this Act shall, save as is otherwise provided by this Act, be entitled on making an application under this section to be paid by the responsible authority by way of compensation the amount of such damage.
(2) Every application for the payment of compensation under this section shall be made to the responsible authority within 12 months (or such longer time as shall be specified in the relevant planning scheme) after the completion of the act or thing on account of the doing of which by the responsible authority such application is made.
Compensation for unnecessary refusal of permission or making of prohibition.
64.—(1) Any person who, after the relevant date and before the coming into operation of a planning scheme, has refrained from doing any particular work for which a special permission in relation to such planning scheme was applied for and was refused or has refrained in pursuance of a special prohibition made in relation to such planning scheme from doing any particular work and has suffered loss by so refraining shall, on making an application under this section, be entitled to be paid by the responsible authority by way of compensation the amount of such loss, unless in the opinion of the arbitrator the doing of such particular work would have prejudiced the efficient and economical execution of such planning scheme.
(2) Any person who, in the doing of any particular work after the relevant date and before the coming into operation of a planning scheme, has complied with a condition attached to a special permission or contained in a special prohibition granted or made in relation to such planning scheme and has by such compliance suffered loss (other than loss arising from the reduction in value of any property), shall be entitled, on the coming into operation of such planning scheme, to be paid by the responsible authority by way of compensation the amount of such loss, unless in the opinion of the arbitrator the doing of such particular work without complying with such condition would have prejudiced the efficient and economical execution of such planning scheme.
(3) Every application for payment of compensation under this section shall be made within 12 months after the coming into operation of the planning scheme upon the coming into operation of which the applicant becomes entitled to be paid such compensation.
Compensation in certain cases where resolution is revoked.
65.—(1) Whenever—
(a) a planning authority passes a resolution for the making of a planning scheme (in this section referred to as the proposed scheme) which if made would revoke or amend a previous planning scheme, and
(b) such resolution is revoked by the Minister, and
(c) any person has, after the passing of such resolution and before such revocation, refrained from doing any work in an area to which such previous planning scheme related and the proposed scheme if made would relate, and
(d) either such person applied to such planning authority, after the passing of such resolution and before such revocation, for a special permission in respect of such work and such special permission was refused, or such person so refrained in pursuance of a special prohibition made after the passing of such resolution and before such revocation, and
(e) such person suffered loss by refraining from doing such work,
such person shall, on making an application under this section, be entitled to be paid by such planning authority by way of compensation the amount of such loss.
(2) Every application for the payment of compensation under this section shall be made to the responsible authority within twelve months after the date of the order by which the revocation mentioned in the next preceding sub-section of this section was effected.
Compensation in certain cases for abortive work or expense.
66.—(1) Whenever a person, on account of or in reliance on a provision contained in a planning scheme, has done work or incurred expense on or in relation to property owned or occupied by him (whether such work or expense was done or incurred voluntarily or in pursuance of an obligation imposed by such planning scheme) and such work or expense becomes wholly or partly abortive by reason of a revocation, amendment or avoidance of the said provision by a subsequent planning scheme, such person shall be entitled on making an application under this section to recover from the responsible authority compensation in respect of such work or expense in so far as the same so becomes abortive.
(2) Whenever a person incurs costs and expenses in making a claim for compensation or resisting a claim for betterment on account of a provision contained in a planning scheme and such provision is so revoked, amended or avoided by a subsequent planning scheme that the incurring of such costs and expenses becomes wholly or partly abortive, such person shall, save as is otherwise provided by this Act, be entitled on making application under this section to recover from the responsible authority compensation in respect of such costs and expenses in so far as the same so becomes abortive.
(3) Every application for the payment of compensation under this section shall be made to the responsible authority within twelve months after the coming into operation of the planning scheme effecting the revocation or amendment by reason of which such compensation becomes payable.
Compensation where another enactment applies or might be applied.
67.—(1) This section applies to every provision in a planning scheme which is identical or substantially identical with or to the same effect as any of the following enactments (in this section referred to as identical enactments), that is to say:—
(a) an enactment contained in a statute (whether public general, public, local or private) which, at the date of the coming into operation of such provision, is in force in the area to which such provision applies, or
(b) an enactment contained in an order, bye-law, or regulation in force at the date and in the area mentioned in the next preceding paragraph of this sub-section and made under any such statute as is mentioned in that paragraph, or
(c) an enactment which could, at the date of the coming into operation of such provision, have been lawfully contained in an order, bye-law, or regulation made by a local authority (without confirmation or other action by the Oireachtas) in respect of the area to which such provision applies under any such statute as is mentioned in the first paragraph of this sub-section, or
(d) an enactment contained in a public general or public statute which, at the date of the coming into operation of such provision, is not in force in the area to which such provision relates but could at that date have been lawfully adopted by a local authority or otherwise put in force in that area without confirmation or other action by the Oireachtas, or
(e) an enactment which could, at the date of the coming into operation of such provision, have been lawfully contained in an order, bye-law, or regulation made by a local authority (without confirmation or other action by the Oireachtas) in respect of the area to which such provision applies under any such statute as is mentioned in the next preceding paragraph of this sub-section if such statute were at that date in force in that area.
(2) Where, in the case of a provision in a planning scheme to which this section applies, no compensation is payable under the identical enactment, or would have been payable thereunder if it had been in force, in respect of injury caused by the coming into operation of such identical enactment or by the doing of any particular thing under such identical enactment, then no compensation shall be payable under this Act in respect of the coming into operation of the said provision or the doing of such particular thing under such provision, as the case may be.
(3) Where, in the case of a provision in a planning scheme to which this section applies, compensation is payable under the identical enactment, or would have been payable thereunder if it had been in force, in respect of injury caused by the coming into operation of such identical enactment or the doing of any particular thing under such identical enactment, then no greater amount of compensation shall be payable under this Act in respect of the coming into operation of the said provision or the doing of such particular thing under such provision (as the case may be) than is or would be payable in the same circumstances under such identical enactment.
Compensation where work could have been done under another Act.
68.—Where a provision in a planning scheme requires the execution by the responsible authority of public work which could lawfully be executed by such responsible authority under any enactment other than this Act, no compensation shall be payable under this Act in respect of the execution of such work by such authority, and such work shall, for the purpose of determining the right (if any) to compensation in respect of the execution thereof and for the purpose of the assessment and payment of such compensation (if any), be deemed to have been executed under such other enactment.
Prohibition of compensation where planning scheme declares no compensation to be payable.
69.—No person shall be entitled to be paid under this Part of this Act by the responsible authority any compensation where the provision in the planning scheme on account of which such compensation would but for this section have been payable is a provision in respect of which it is declared by such scheme that no compensation shall be payable under this Act on account of or arising from the operation of that provision.
Prohibition of compensation in certain cases.
70.—The following provisions shall have effect in regard to the compensation payable or which, but for this section, would be payable to any person under this Act or under any other Act in respect or on account of anything contained in or done under a planning scheme, that is to say:—
(a) no such compensation shall be payable in respect of any structure the erection of which was begun after the relevant date unless such erection was begun under and in accordance with a special permission or a general permission;
(b) in assessing such compensation in respect of any structure, no account shall be taken of or compensation allowed in respect of any work on or in relation to such structure which was begun after the relevant date unless such work was begun under and in accordance with a special permission or a general permission;
(c) in assessing such compensation in respect of any structure, no account shall be taken of and no compensation shall be allowed in respect of any portion of any work on or in relation to such structure done in contravention of a special prohibition.
Prohibition of double compensation.
71.—Where a person would, but for this section, be entitled to compensation under this Act in respect of any matter or thing and also to compensation under any other enactment in respect of the same matter or thing, he shall not be entitled to compensation in respect of such matter or thing both under this Act and under such other enactment, and shall not be entitled to any greater amount of compensation under this Act in respect of such matter or thing than the amount of the compensation to which he would be entitled under such other enactment in respect of such matter or thing.
Payment for betterment.
72.—(1) Whenever the value of any property is increased by the coming into operation or enforcement of any provision contained in a planning scheme or by the execution of any work by the responsible authority in pursuance of any such provision, every person having any estate or interest in such property shall be liable to pay to the responsible authority, on application by the responsible authority, a sum (in this Act referred to as payment for betterment) equal to three-fourths of the amount (if any) by which the value of the estate or interest of such person in such property is so increased.
(2) Every application by a responsible authority for payment for betterment shall be made, in the case of a claim in respect of the coming into operation or enforcement of a provision contained in a planning scheme, within twelve months (or such longer period as shall be fixed by such planning scheme) after such enforcement or coming into operation (as the case may be) or, in the case of a claim in respect of the execution of work, within twelve months (or such longer period as shall be fixed by such planning scheme) after the completion of such work.
(3) Whenever a responsible authority makes an application under this section for payment of betterment, such authority shall, within one week after making such application, enter the prescribed particulars of such application in the register, and, if such responsible authority does not so enter such particulars, such application shall, at the expiration of such week, be and be deemed always to have been null and void.
Calculation of amount of payment for betterment.
73.—(1) Subject to the provisions of this section the amount of a payment for betterment shall be calculated by reference to the value of the property in respect of which such payment is claimed at the time at which application for such payment is made by the responsible authority.
(2) Any person to whom an application for payment for betterment is made (otherwise than by virtue of the subsequent provisions of this section) by a responsible authority may, by notice served on such responsible authority within twenty-eight days after the making of such application, require that the amount of such payment for betterment shall be calculated on the basis that the purposes for and manner in which the property in respect of which such payment for betterment is so applied for can lawfully be used is effectively and permanently restricted to the purposes for and the manner in which such property is actually used at the date of such application for payment for betterment.
(3) When such requisition as is mentioned in the next preceding sub-section of this section has been duly made, the amount of the payment for betterment to which such requisition relates shall be calculated in accordance with such requisition.
(4) When the amount of a payment for betterment is calculated in accordance with a requisition under the foregoing provisions of this section, and within fourteen years after the date of the application for such payment for betterment the property which was the subject of such application or any portion of such property is sold, leased, or let on any form of tenancy for any term not less than two years or is used for a purpose or in a manner substantially different from the purpose for or the manner in which it was used at the date of such application, the responsible authority shall be entitled to apply for, receive, and recover under this Act from the person by whom such requisition was made or from any other person upon whom such property or such portion thereof (as the case may be) has devolved by operation of law, a payment for betterment calculated by reference to the value of such property or such portion thereof at the date of such last-mentioned application and on the basis that there is no such special restriction as is mentioned in the said requisition on the use of such property or such portion thereof but with due allowance for (as the case may require) the payment for betterment (if any) already made in respect of such property or a proper proportion of such payment for betterment (if any).
(5) Every application by the responsible authority under the next preceding sub-section of this section for a payment of betterment calculated in accordance with that sub-section shall be made within twelve months (or such longer period as shall be allowed by the planning scheme) after the property or the portion thereof, in relation to which such application is made, is so sold, leased, or let or is begun to be so used as to entitle the responsible authority to make such application.
(6) Where a requisition is made under the foregoing provisions of this section by a statutory undertaker in respect of property occupied by him, then so long as such property continues to be occupied by such statutory undertaker and is used by him for the purposes or any of the purposes of his undertaking, such property shall not be deemed to be used for a purpose or in a manner substantially different within the meaning of this section from the purpose for and the manner in which it was used at the date of the application for payment of betterment in relation to which such requisition was so made.
(7) Every responsible authority shall enter in the register the prescribed particulars of every such requisition, and shall not be entitled to any further payment for betterment under sub-section (4) of this section in respect of any property unless the said particulars of the said requisition in relation to such property are so entered in the register within one week after the service of such requisition.
(8) Whenever any property which is the subject of a requisition duly entered in the register in accordance with the foregoing sub-section of this section or any portion of such property is, within fourteen years after the date of the application which occasioned the service of such requisition, sold, leased for any term, or let in any form of tenancy or is used for a purpose or in a manner substantially different from the purpose for or manner in which it was used at the date of such application, it shall be the duty of the person by whom such application was made or of any other person upon whom such property or such portion thereof has devolved by operation of law to serve on the responsible authority by whom such requisition is so entered in the register notice in writing of such sale, lease, letting, or change of user (as the case may be) within fourteen days after the occurrence thereof, and if he fails so to do he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with a further fine not exceeding one pound for every day during which such failure continues.
Application of moneys paid as payment for betterment.
74.—Moneys received by a responsible authority as payment for betterment shall be applied by such authority in accordance with the following provisions, that is to say:—
(a) in so far as such moneys consist of payment for betterment in respect of the execution of work by such responsible authority, such moneys shall be applied in or towards the payment of the expenses incurred by such responsible authority in the execution of such work, and the balance (if any) of such moneys remaining after discharging such expenses shall be applied towards discharging the expenses incurred by such responsible authority in the execution of the planning scheme in pursuance of which such work was so executed;
(b) in so far as such moneys consist of payment for betterment in respect of the enforcement or coming into operation of a provision contained in a planning scheme, such moneys shall be applied in or towards the payment of compensation payable by such responsible authority in respect of the enforcement or coming into operation of such provision, and the balance (if any) of such moneys remaining after the payment of such compensation shall be applied towards discharging the expenses incurred by such responsible authority in the execution of such planning scheme.
Arbitration on applications for compensation or payment for betterment.
75.—(1) Every application by any person for payment of compensation under this Part of this Act by the responsible authority and every application by the responsible authority for payment for betterment by any person shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), in like manner in all respects as if such application arose in relation to the compulsory acquisition of land and such compensation or payment for betterment were the price of land compulsorily acquired, and the said Acts shall apply accordingly but subject to the subsequent provisions of this section.
(2) On any arbitration under this section, the arbitrator shall have jurisdiction to determine whether compensation or payment for betterment is in the circumstances of the particular case payable at all, and if such arbitrator finds that such compensation or payment for betterment is payable he shall have jurisdiction to determine the amount thereof, and (in the case of compensation) the person to whom it is payable, and (in the case of payment for betterment) the person by whom it is payable, and (in any case) the time or times at which such compensation or payment for betterment shall be paid and, in particular, whether it is to be paid in one sum or by instalments and, if it is to be paid by instalments, the number, amount, and times of payment of such instalments and the provision to be made for payment of interest on the amount for the time being outstanding and unpaid.
(3) When the amount of any compensation or payment for betterment is being determined on an arbitration under this section, the arbitrator shall have regard, in the case of compensation, to any undertaking given by the planning authority or the responsible authority and, in the case of payment for betterment, to any undertaking given by the person from whom such payment for betterment is claimed.
Recovery of compensation payable by the responsible authority.
76.—(1) All compensation payable under this Part of this Act by the responsible authority shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Act, be recoverable from such authority as a civil debt in any Court of competent jurisdiction, and all costs and expenses of parties to an arbitration to determine the amount of any such compensation shall, in so far as such costs and expenses are payable by the responsible authority, be likewise recoverable from such authority as a civil debt in any Court of competent jurisdiction.
(2) Sections 69 to 79 of the Lands Clauses Consolidation Act, 1845, as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890, or any other Act, shall apply in relation to moneys by this section made recoverable as a civil debt as if such moneys were a price or compensation under the said Act as so amended or adapted.
(3) Where money is paid into the High Court under section 69 of the Lands Clauses Consolidation Act, 1845, as applied by this section, by the responsible authority, no costs shall be payable by such responsible authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such money.
Recovery by the responsible authority of payment for betterment.
77.—Every sum of money payable under this Act to the responsible authority by way of payment for betterment shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Act, be recoverable by such authority as a civil debt in any court of competent jurisdiction and shall also become and be, as on and from the date on which the amount thereof is so determined, a charge on the estate or interest in property in respect of which it is payable.
Registration and enforcement of charges on property.
78.—(1) Whenever any sum of money becomes by virtue of this Act a charge on any land, structure, or other property, or on any estate or interest therein, the responsible authority shall enter the prescribed particulars of such charge in the register within one month after the date on which such sum so becomes such charge, and, if such responsible authority does not enter such particulars, such charge shall, at the expiration of the said month, be and be deemed always to have been unenforceable, but without prejudice to proceedings by way of action for debt for recovery of the said sum of money.
(2) Whenever the Minister is satisfied, on the application of the responsible authority, that any charge created by this Act on any land, structure, or other property, or on any estate or interest therein cannot be enforced by legal proceedings by reason of uncertainty as to the ownership of such property or such estate or interest the Minister may by order empower such responsible authority to sell the property or the estate or interest therein affected by such charge.
(3) No order shall be made by the Minister under the next preceding sub-section of this section unless or until notice of the intention to make such order has been published by advertisement at least once in each of two newspapers circulating in the district in which the property to which such order is intended to relate is situate.
(4) When an order is made by the Minister under this section empowering the responsible authority to sell any property or any estate or interest in property, it shall be lawful for such authority to sell such property or estate or interest by public auction, to bid and buy at such auction, to receive the purchase money, and to convey effectively such property or estate or interest to the purchaser thereof.
(5) When the responsible authority sells any property or any estate or interest in property under this section, such authority shall, out of the purchase money, retain the costs of such sale and (so far as such purchase money will extend) the moneys for the recovery of which such sale was held and shall pay the balance (if any) of such purchase money into the High Court under section 69 of the Lands Clauses Consolidation Act, 1845, as amended or adapted by or under any subsequent Act as if such balance were such price or compensation as is mentioned in that section, and thereupon that section and section 70 of the said Act as so amended or adapted shall apply in relation to such balance, but no costs shall be payable by such authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such balance.
FIRST SCHEDULE.
Regulations by the Minister.
1. The notices to be given by the planning authority and the times at or within which such notices are to be given and in the case of notices to persons, the persons to whom and the manner in which such notices are to be given, and in the case of notices to the public, the nature of the advertisements or other means by which such notices are to be given and published.
2. The documents (including maps and plans) to be deposited by the planning authority, the places in which and times at or within which such documents are to be deposited.
3. The inspection by persons interested of documents (including maps and plans) deposited in pursuance of the regulations.
4. The matters to be specified in particular documents or shown on particular maps or plans and the scale on which any particular map or plan is to be drawn.
5. The manner in which planning schemes are to be submitted to the Minister for his approval.
6. The documents and information to be furnished by a planning authority to the Minister for the purpose of the consideration by him of a planning scheme.
7. The manner in which, and the times at or within which objections to or representations in respect of a planning scheme may be made to the planning authority or to the Minister.
8. Securing co-operation by the planning authority with owners of property and other persons likely to be affected by the planning scheme.
9. For securing that local authorities who are likely to be affected by a planning scheme shall, as soon as possible after the passing of a resolution for the preparation of a planning scheme, receive notice of the passing of such resolution, and shall be furnished by the planning authority with a copy of the planning scheme before it is submitted to the Minister, and shall be entitled to be heard at any public inquiry held in relation to the planning scheme.
10. For enabling planning authorities and responsible authorities to obtain (with or without charge) information, which they require for the purposes of or in connection with the preparation, making, or carrying into effect of planning schemes, by inspection of or obtaining copies from rate books and other similar documents which are not in their custody.
SECOND SCHEDULE.
Particular Matters for which Provision may be made by Planning Schemes.
PART 1.
Roads.
1. Providing for the construction of new roads, the improvement of existing roads, and the establishment of public rights of way by the responsible authority.
2. Providing for the closing or diverting of existing roads and public and private rights of way.
3. Restricting and controlling the construction of new roads and the alteration of existing roads, whether by the responsible authority or private owners.
4. Regulating the line, width, level, construction and general dimensions and character of roads, whether new or existing.
5. Enabling the responsible authority to require an owner of land, as a condition of his developing such land in any manner, either—
(a) to construct new roads or improve existing roads, or
(b) to contribute to the cost of the construction of new roads or the improvement of existing roads by the responsible authority.
6. Providing for and generally regulating the construction, or execution, whether by the responsible authority or by private owners of works incidental to the making or improvement of any road, including the erection of shelters, provision of seats, and planting and protecting of grass, trees, or shrubs on or adjoining such road.
PART II.
Buildings and other Structures.
1. Regulating and controlling, either generally or in particular areas, all or any of the following matters, that is to say:—
(a) the size, character, height, spacing, and frontage line of buildings and other structures,
(b) the objects which may be affixed to structures,
(c) the extent of the yards, gardens, and curtilage of buildings and other structures,
(d) the purposes for and the manner in which structures may be used or occupied.
2. Regulating and controlling or enabling the responsible authority to regulate and control the design, colour, and materials of buildings and other structures.
3. Reserving or allocating any particular land or all land in any particular area for structures of a specified class or classes or prohibiting or restricting, either permanently or temporarily, the making of any structures or any particular class or classes of structures on any specified land.
4. Limiting the number of structures or the number of structures of a specified class which may be constructed, erected, or made on, in, or under any area.
5. Providing for the demolition or alteration of structures which are inconsistent with or obstruct the operation of the planning scheme.
PART III
Amenities.
1. Providing for the reservation of particular lands for use as public parks, recreation grounds, open spaces, allotments, or other particular purposes, whether public or private.
2. Providing for the preservation of views and prospects and of the amenities of places and features of natural beauty or interest.
3. Providing for the preservation of structures and objects of artistic, architectural, archæological, or historical interest.
4. Providing for the preservation or protection of forests, woods, trees, shrubs, plants, and flowers.
5. Prohibiting, restricting, or controlling, either generally or in particular places the exhibition, whether on the ground, on any structure, or any temporary erection, on any vehicle, boat or other movable object (whether on land or on or in water) or in the air, of all or any particular forms of advertisements or other public notices.
6. Preventing, remedying, or removing injury to amenities arising from the ruinous or neglected condition of any structure or by the objectionable or neglected condition of any land attached to a structure or abutting on a road or situate in a residential area.
7. Enabling the responsible authority, with the consent of the Minister, to make regulations for the prevention of injury to amenities by noise.
PART IV
Public Services.
Providing for the undertaking, improvement, or extension by the responsible authority of public services in relation to water supply, sewage, drainage, sewage disposal, and refuse disposal or any of them.
PART V
Transport and Communication.
1. Facilitating the establishment, extension or improvement of systems of transport, whether by land, water, or air.
2. Allocating sites for use in relation to transport and providing for the reservation of land for that purpose.
3. At the request and with the co-operation of the Minister for Posts and Telegraphs, facilitating the establishment, extension, or improvement of postal, telegraphic, and telephonic communication, allocating sites for use in relation to such communication and providing for the reservation of land for that purpose.
PART VI
Miscellaneous.
1. Declaring the persons by whom and the manner in which the cost of the execution of works (whether of construction, demolition, removal, or alteration) in pursuance of the planning scheme are to be borne.
2. Subject to the regulations made by the Minister under this Act, declaring the notices to be served for the purposes of the planning scheme by the responsible authority and the persons on whom, the manner in which, and the times at or within which such notices are to be served.
3. Subject to this Act and the said regulations, declaring the manner in which and the times at or within which notices for the purposes of the planning scheme may be served on the responsible authority by other persons.
4. Providing for and regulating the making of agreements for the purposes of the planning scheme by the responsible authority with owners of property and other persons and by such persons with one another.