Local Government (Planning and Development) Act, 1976

• Jurisdiction: Ireland
• Citation: IR No. 20/1976
• Year: 1976

Number 20 of 1976
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Establishment day. 3. Establishment of Bord Pleanála. 4. Chairman of Board. 5. Board to keep itself informed on certain policies and objectives. 6. General policy directives as to development. 7. Grants to Board. 8. Accounts and audits. 9. Annual report and information to Minister. 10. Employees of Board. 11. Superannuation of employees of Board. 12. Membership of either House of Oireachtas or of local authority of employees of Board.
13. Consultants and advisers. 14. Certain appeals and other matters to be brought or referred to Board. 15. £10 deposit to be lodged by appellants. 16. Oral hearings. 17. Matters other than those raised by parties may be taken into account in determining references or appeals. 18. Power of Board as regards vexatious references or appeals, etc. 19. Expenses of appeal. 20. Supplemental provisions relating to references and appeals. 21. Transitional. 22. Time for appeals generally. 23. Reports of inspections, etc. 24. Additional matters to which planning authority or Board may have regard in considering certain applications, etc. and certain appeals. 25. Enforcement of planning control (open spaces). 26. Warning notice. 27. High Court may prohibit unauthorised development or use of land. 28. Withdrawal by planning authority of certain notices and cancellation of relevant entries in register. 29. Limit of duration of planning permission. 30. Summary proceedings. 31. Submissions and consultations. 32. Declaration by members and employees of Board, and members and officers of planning authorities of certain interests. 33. Requirements affecting members and employees of Board, members and certain officers of planning authorities and certain other persons who have certain beneficial interests. 34. Supplemental provisions relating to sections 32 and 33. 35. Regulations. 36. Onus of proof. 37. Amendment of draft development plan or draft variation. 38. Certain fines which may be imposed under Principal Act increased. 39. Amendment of Part IV of Principal Act. 40. Amendment of Part V of Principal Act. 41. Amendment of Part VI of Principal Act. 42. Amendment of Part VIII of Principal Act. 43. Miscellaneous amendments of Principal Act. 44. Amendment of section 42 of Public Health (Ireland) Act, 1878. 45. Repeals. 46. Short title, collective citation, commencement and construction.
SCHEDULE
An Bord Pleanála
Acts Referred to Superannuation Act, 1859 1859, Sess. 1, c. 26. Public Health (Ireland) Act, 1878 1878, c.52. Companies Act, 1963 1963, No. 33. City and County Management (Amendment) Act, 1955 1955, No. 12. Local Government (Planning and Development) Act, 1963 1963, No. 28. Courts Act, 1973 1973, No. 26. Harbours Act, 1946 1946, No. 9 Title Act, 1964 1964, No. 16. Petty Sessions (Ireland) Act, 1851 1851, c. 93. Public Health (Ireland) Act, 1878 1878, c. 52.
Number 20 of 1976
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976
AN ACT TO MAKE BETTER PROVISION, IN THE INTERESTS OF THE COMMON GOOD, IN RELATION TO THE PROPER PLANNING AND DEVELOPMENT OF CITIES, TOWNS AND OTHER AREAS, WHETHER URBAN OR RURAL, AND, FOR THAT PURPOSE, TO ESTABLISH A BODY TO BE KNOWN AS AN BORD PLEANALA AND TO DEFINE ITS FUNCTIONS AND TO AMEND AND EXTEND THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [5th July, 1976]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—In this Act—
	“the appropriate day” means the day on which section 14 of this Act comes into operation;
	“the Board” has the meaning assigned to it by section 3 of this Act;
	“company” except in section 34 (4), means a company within the meaning of section 2 of the Companies Act, 1963 , or a company incorporated outside the State;
	“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by order of the Minister under section 2 of this Act;
	“judicial office” means an office, being the office of Chief Justice, President of the High Court, ordinary judge of the Supreme Court or ordinary judge of the High Court;
	“manager” means a manager within the meaning of section 1 of the City and County Management (Amendment) Act, 1955 ;
	“the Principal Act” means the Local Government (Planning and Development) Act, 1963 ;
	“shares” includes stock and “share capital” shall be construed accordingly.
	Establishment day.	2.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.
	Establishment of Bord Pleanála.	3.—(1) On the establishment day there shall be established a body to be known as An Bord Pleanála (in this Act referred to as the Board) to perform the functions assigned to it by this Act.
	(2) The provisions of the Schedule to this Act shall have effect with respect to the Board.
	Chairman of Board.	4.—(1) The chairman of the Board shall be either—
	(a) such ordinary judge of the High Court as is for the time being nominated with his consent by the Government after consultation with the President of the High Court, or
	(b) a person who is appointed by the Government and formerly held, but who no longer holds, judicial office.
	(2) If immediately before the exercise by the Government of a power under subsection (1) of this section there is in force a nomination under that subsection, then on the exercise the nomination shall cease to have effect.
	(3) A judge of the High Court who is chairman of the Board shall on ceasing to be an ordinary judge of the High Court also cease to be chairman of the Board.
	(4) A person who ceases to be chairman of the Board by virtue of subsection (3) of this section may be appointed under subsection (1) of this section.
	(5) Where a person is nominated under subsection (1) of this section, the following provisions shall apply for the duration of the relevant period, namely,
	(a) the fact that the person is an ordinary judge of the High Court shall be disregarded in applying section 1 (1) of the Courts Act, 1973 , and
	(b) the said section 1 (1) shall have effect accordingly.
	(6) In this section “the relevant period” means, as regards a person nominated under subsection (1) of this section, the period beginning on the day on which the person is so nominated and ending on either—
	(a) the day on which the person ceases to be an ordinary judge of the High Court, or
	(b) the day on which the next subsequent such nomination is made,
	whichever first occurs.
	Board to keep itself informed on certain policies and objectives.	5.—(1) The Board shall, so far as may in the opinion of the Board be necessary for the performance of its functions, keep itself informed of the policies and objectives for the time being of the Minister, planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and development (including the preservation and development of amenities) of cities, towns or other areas, whether urban or rural.
	(2) In this section “public authority” means any Minister of State not being the Minister, the Commissioners of Public Works in Ireland, the Irish Land Commission, a harbour authority within the meaning of section 2 of the Harbours Act, 1946 , and any other body established by or under statute which is for the time being declared, by regulation made by the Minister, to be a public authority for the purposes of this section.
	General policy directives as to development.	6.—(1) The Minister shall, from time to time, give to the Board such general directives as to policy in relation to planning and development as he considers necessary.
	(2) The Board shall in performing its functions have regard to any directive under this section.
	(3) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to any particular case with which the Board is or may be concerned.
	(4) Where the Minister gives a directive under this section, the following provisions shall apply, namely—
	(a) as soon as may be the Minister shall cause a copy of the directive to be laid before each House of the Oireachtas,
	(b) the directive shall be published in the Iris Oifigiúil, and
	(c) the Minister shall cause a copy of the directive to be sent to each planning authority.
	Grants to Board.	7.—There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Board in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance and after consultation with the Board in relation to its programme of expenditure for that year, may fix.
	Accounts and audits.	8.—(1) The Board shall keep in such form as may be approved by the Minister, after consultation with the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.
	(2) Accounts kept in pursuance of this section shall be submitted by the Board to the Comptroller and Auditor General for audit at such times as the Minister shall direct and, when audited by him, shall, together with the...