Local Government (Planning and Development) Act, 1963, (Permission) Regulations, 1964.

• Statutory Instrument No.: 221/1964

S.I. No. 221 of 1964.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963, (PERMISSION) REGULATIONS, 1964.

The Minister for Local Government in exercise of the powers conferred on him by sections 10 and 25 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) hereby makes the following Regulations :— 1. These Regulations may be cited as the Local Government (Planning and Development) Act, 1963 (Permission) Regulations, 1964. 2. In these Regulations—

" the Act " means the Local Government (Planning and Development) Act, 1963 ;

" the Minister " means the Minister for Local Government ;

" outline application " means an application for a permission, expressed to be an outline application for a permission for development subject to the subsequent approval of the planning authority;

" outline permission " means a permission for development subject to the subsequent approval of the planning authority ;

" permission " includes outline permission. 3. An application to a planning authority for a permission for the development of land or for an approval or for a permission for the retention of a structure shall be accompanied by—

(a) particulars of the interest held in the land or structure by the applicant, the name and address of the applicant, and

(b) a copy of a newspaper circulating in the area in which the land or structure is situate in which there has been published a notice in pursuance of article 9 of these Regulations, or

(c) a copy of the notice erected or fixed on the land or structure in pursuance of article 9 of these Regulations. 4. (1) An application to a planning authority for a permission for any development consisting of or mainly consisting of the carrying out of works on, in or under land or for the retention of a structure shall in addition to the matters prescribed in article 3 of these Regulations, be accompanied by such plans (including a site or layout plan and drawings of floor plans, elevations and sections) and such other particulars as are necessary to identify the land and to describe the works or structure to which the application relates.

(2) An application to a planning authority for a permission for any development consisting of or mainly consisting of the making of any material change in the use of any structure or other land or the continuance of any use of any structure or other land (whether instituted without a permission granted under Part IV of the Act or in accordance with a permission so granted for a limited period only) shall, in addition to the matters prescribed in article 3 of these Regulations be accompanied by—

(a) a statement of the existing use and the use proposed or, where appropriate, of the former use and the use proposed to be continued, together with particulars of the nature and extent of any such proposed use,

(b) (i) a plan or location map marked or coloured so as to identify the structure or other land to which the application relates, or

(ii) where the developent to which the application relates comprises the carrying out of works on, in or under the structure or other land—such plans (including a site or layout plan and drawings of floor plans, elevations and sections) and such other particulars as are necessary to identify the structure or other land to which the application relates and to describe the works proposed. 5. (1) An outline application, notwithstanding the provisions of article 4 of these Regulations, may, in addition to the matters prescribed in article 3 of these Regulations, be accompanied only by such plans and particulars as are necessary to identify the land to which the application relates and, except where the application is made under article 7 of these Regulations, to enable the planning authority to determine the siting, layout or other proposals for development in respect of which a decision is sought.

(2) An application to a planning authority for an approval shall be accompanied by such further particulars and plans as would be required under the provisions of article 4 of these Regulations if application for a permission were made under that article.

(3) An application for an approval may be related to a specified part only of the development for which an outline permission was granted and separate applications may be made in respect of other parts of the said development from time to time.

(4) An outline permission shall not operate so as to authorise the carrying out of any development until—

(a) an approval has been granted consequent on an application under sub-article (2) of this article, or

(b) as respects a specified part of the development for which an outline permission was granted, an approval has been granted for such specified part consequent on an application under sub-article (2) of this article, or

(c) until a further approval has been granted in any case where the terms of an approval granted consequent on an application under sub-article (2) of this article require such further approval to be obtained. 6. Where a planning authority receive an application for a permission which does not comply with article 4 of these Regulations and is not expressed to be an outline application they may—

(a) by notice in writing require the applicant or the person acting on his behalf to submit such further plans and particulars as are necessary for the purpose of an outline application, or

(b) grant an outline permission if the application appears to them sufficient for that purpose only, or

(c) refuse a permission if it appears to them that there are adequate reasons for such decision, or

(d) grant a permission. 7. (1) Where development of land would contravene a development plan made by the planning authority for the area in which the land is situate, an outline application made by the owner of such land may, if he so wishes, indicate in writing the type and extent of development proposed and be accompanied only by a plan or location map marked or coloured so as to identify the land to which the application relates.

(2) Where an application to which this article applies is received by a planning authority they shall not require the applicant to submit further plans, drawings or maps in relation to the development proposed unless—

(a) it appears to the planning authority that the development proposed would not contravene materially the development plan, or

(b) the planning authority are prepared to apply for the consent of the Minister under subsection (3) of section 26 of the act to the granting by the planning authority of a permission for development of the type proposed. 8. (1) Plans, drawings and maps accompanying an application for a permission or an approval shall be in duplicate and shall comply with the following requirements—

(a) buildings, roads, boundaries and other features in the vicinity of the structure or other land to which the application relates shall be shown on site plans or layout plans,

(b) drawings of elevations of any proposed structure shall show the main features of any building which would be contiguous to the proposed structure if it were erected,

(c) plans and drawings of elevations and sections shall be drawn to scale and the scale shall be indicated thereon,

(d) the north point shall be indicated on all maps and plans other than drawings of elevations and sections,

(e) plans relating to works comprising reconstruction, alteration or extension of a structure shall be so marked or coloured as to distinguish between the existing structure and the works proposed.

(2) Plans, drawings, maps and particulars accompanying each application for a permission or for an approval shall be available for public inspection at the offices of the planning authority to which the application is made, until the application or any appeal relating thereto is finally determined. 9. (1) Prior to the submission to a planning authority of an application for a permission for development, for an approval or for a permission for retention of a structure, the applicant shall give public notice of his...