Local Government (Planning and Development) (No.2) Regulations, 1999

• Jurisdiction: Ireland
• Citation: IR SI 431/1999
• Year: 1999

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 4 , 10 , 25 and 78 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) (as amended), section 2 of the Local Government (Planning and Development) Act, 1993 (No. 12 of 1993), and sections 2 , 6 , 24 , 26 and 41 of the Local Government (Planning and Development) Act, 1999 (No. 17 of 1999), and after consulting with the Minister for Arts, Heritage, Gaeltacht and the Islands in accordance with the last-mentioned section 2, hereby makes the following Regulations:—
	Citation.	1. (1) These Regulations may be cited as the Local Government (Planning and Development) (No. 2) Regulations, 1999.
(2) The collective citation “the Local Government (Planning and Development) Regulations, 1994 to 1999” shall include these Regulations.
	Commencement.	2. These Regulations shall come into operation on the 1st day of January 2000.
	Interpretation.	3. In these Regulations:—
“the Act of 1999” means the Local Government (Planning and Development) Act, 1999 (No. 17 of 1999);
“the 1994 Regulations” means the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 ), as amended;
“the Local Government (Planning and Development) Regulations, 1994 to 1999” has the meaning assigned to it in the Local Government (Planning and Development) Regulations, 1999 ( S.I. No. 92 of 1999 ).
	Record of protected structures.	4. (1) A record of protected structures shall at least contain—
(a) in respect of each protected structure—
(i) an identifying number,
(ii) an address.
(b) one or more maps, to a scale that enables clear identification of the protected structures, showing the locations of such structures.
(2) A map referred to in sub-article (1)(b) may, in addition to the information referred to in that subarticle, contain other information.
	Prescribed bodies.	5. The following bodies are hereby prescribed for the purposes of section 6(1) of the Act of 1999:—
(a) the Heritage Council;
(b) An Taisce — the National Trust for Ireland;
(c) An Chomhairle Ealaíon.
	Compulsory acquisition of protected structure.	6. The prescribed documents and particulars for the purposes of section 24(4) of the Act of 1999 shall be—
(a) a copy of the relevant notice published in accordance with section 23(1)(a) of that Act, and
(b) a copy of the relevant notice served in accordance with section 23(1)(b) of that Act.
	Vesting order.	7. The prescribed form of vesting order for the purposes of section 26 of the Act of 1999 shall be the form set out in the Schedule to these regulations or a form substantially to the like effect.
	Definition of “the Acts”	8. Article 3(3) of the 1994 Regulations is hereby amended by the substitution for the definition of “the Acts” therein of the following:—
““the Acts” means the Local Government (Planning and Development) Acts, 1963 to 1999;”.
	Exempted development.	9. The 1994 Regulations are hereby amended by the insertion after article 9A thereof of the following article:—
“9B. Further to the provisions of section 8 of the Act of 1999, development consisting of or comprising the erection on a protected structure or a proposed protected structure of an advertisement structure described in class 5, 9 or 15 of column 1 of Part II of the Second Schedule shall be exempted development.”.
	Amendment of article 10 of 1994 Regulations.	10. Article 10 of the 1994 Regulations is hereby amended by the deletion of sub-paragraphs (ix) and (x) of paragraph (a) of sub-article (1) thereof.
	Architectural conservation areas.	11. The 1994 Regulations are hereby amended by the insertion after article 10 thereof of the following article:—
“10A (1) Development to which article 9 relates shall not be exempted development for the purposes of the Acts if such development would consist of or comprise the carrying out of works to the exterior of a structure, where the structure concerned is located within an architectural conservation area or an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan, and the development would materially affect the character of the area concerned.
(2) Sub-article (1) shall not apply to the erection of an advertisement structure described in class 5, 9 or 15 column 1 of Part II of the Second Schedule.”.
	Notices, applications and lists.	12. (1) Where a planning application relates to development which would consist of or comprise the carrying out of works to a protected structure or proposed protected structure:—
(a) the relevant notices given pursuant to article 14 of the 1994 Regulations, and
(b) the planning application,
shall indicate this fact.
(2) Where a planning application relates to—
(a) development referred to in sub-article (1), or
(b) development which would consist of or comprise the carrying out of works to the exterior of a structure that is located within an architectural conservation area or an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan,
the relevant list made available by a planning authority in accordance with article 30 or 42 of the 1994 Regulations shall indicate this fact.
	Outline applications.	13. Article 20 of the 1994 Regulations is hereby amended by the insertion after paragraph (a) of sub-article (2) thereof of the following paragraph:—
“(aa) development which would consist of or comprise the carrying out of works to a protected structure or a proposed protected structure,”.
	Plans and particulars accompanying planning applications.	14. Article 23 of the 1994 Regulations is hereby amended by the insertion after sub-article (1) thereof of the following sub-article:—
“(1A) Where development would consist of or comprise the carrying out of works to a protected structure or a proposed protected structure, a planning application shall, in addition to meeting the requirements of sub-article (1), be accompanied by such plans and other particulars as are necessary to show how the development would affect the character of the structure.”.
	Notice to certain bodies.	15. Article 32 of the 1994 Regulations is hereby amended by the deletion of paragraph (c) of sub-article (1) and the insertion therein of the following:—
“(c) where it appears to the planning authority that the development would—
(i) consist of or comprise the carrying out of works to a protected structure or proposed protected structure or to the exterior of a structure which is located within an architectural conservation area or an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan,
(ii) detract from the appearance of a structure referred to in sub-paragraph (i),
(iii) affect or be unduly close to any cave, site, feature or other object of archaeological, geological, scientific or historical interest,
(iv) obstruct any scheme for the improvement of the surroundings of or any means of access to any structure, place, feature or object referred to in sub-paragraph (iii),
to the Minister for Arts, Heritage, Gaeltacht and the Islands, the Heritage Council, and An Taisce — the National Trust for Ireland,
(cc) where it appears to the planning authority that—
(i) the development would be of a type referred to in sub-paragraph (i) of paragraph (c), and
(ii) the said structure was constructed during or after the year 1900,
to An Chomhairle Ealaíon,”.
	Minimum period for determination of planning application.	16. Article 39 of the 1994 Regulations is hereby amended by the insertion after paragraph (bb) thereof (as inserted by article 15 of the Local Government (Planning and Development) Regulations, 1999 (S.I. 92 of 1999)) of the following paragraph:—
“(bbb) in case notice has been sent pursuant to article 32(1)(c), the expiration of twenty eight days beginning on the day of receipt by the planning authority of the application;”.
	Weekly list.	17. Where an appeal determined by the Board relates to a planning application in respect of development which would consist of or comprise the carrying out of works to—
(a) a protected structure or proposed protected structure, or
(b) a structure which is located within an architectural conservation area or an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan,
the relevant list made available by the Board in accordance with article 62(1)(b) of the 1994 Regulations shall, in addition to meeting the requirements of that article, indicate this fact.
	Standard fee.	18. Section II of the Fourth Schedule to the 1994 Regulations is hereby amended by the insertion after reference 2 thereof of the following reference:—
“
Column 1 Column 2 Class of Development Amount of Fee 2A. Works consisting of develop- ment which would be ex- empted development but for the provisions of section 8(1) of the Act of 1999 or article 10(A) of these Regulations. £24
”
	Notice of application for certification.	19. Article 120 of the 1994 Regulations is hereby amended by the insertion after paragraph (a) thereof of the following paragraph:—
“(aa) where the proposed development consists of or comprises the carrying out of—
(i) works which would materially affect the character of a protected structure or a proposed protected structure, or
(ii) works to the exterior of a structure which is located within an architectural conservation area or an area specified as an architectural conservation area in a draft of a proposed development plan of a proposed variation of a development plan, and the development...