Local Government (Planning and Development) Regulations, 1977

JurisdictionIreland
CitationIR SI 65/1977
Year1977

S.I. No. 65 of 1977.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1977.

CONTENTS

PART I

PRELIMINARY AND GENERAL

1. Citation.

2. Commencement.

3. Interpretation.

4. Revocations.

PART II

DEVELOPMENT PLANS

5. Documents prescribed under section 21 (1) (a) of Act of 1963.

6. Authorities prescribed under section 21 (1) (a) of Act of 1963.

7. Copies of development plans.

8. Fees for copies of development plans.

PART III

EXEMPTED DEVELOPMENT

9. Definitions for Part III.

10. Exempted development.

11. Restrictions on exemption.

12. Changes of use within specified classes of use.

PART IV

PERMISSION REGULATIONS

13. Definitions for Part IV.

14. Notice of intention.

15. Notices in newspapers.

16. Site notices.

17. Planning applications generally.

18. Applications for permission.

19. Outline applications, etc.

20. Plans, drawings and maps.

21. Applications not complying with article 18.

22. Procedure on receipt of application.

23. Further notice.

24. Planning authority notice.

25. Notice to certain bodies.

26. Further information.

27. Revised plans, etc.

28. Environmental study.

29. Inspection of documents.

30. Notice in certain cases.

31. Notification of decision on application.

32. Additional notice in certain cases.

33. Form of notification of grant of permission or approval.

34. Provision of forms and instructions.

PART V

APPEALS AND REFERENCES TO THE BOARD

35. Definitions for Part V.

36. Form and content of appeal.

37. Form and content of reference.

38. Copy of appeal or reference to other parties.

39. Documents, information, etc.

40. Observations on appeal or reference.

41. Notice of appeal or reference.

42. Revised plans, etc.

43. Powers of Board in relation to appeals.

44. Oral hearings.

45. Procedure at oral hearing.

46. Adjournment or reopening of oral hearing.

47. Replacement of person appointed to conduct oral hearing.

48. Notification by Board of decision on appeal.

PART VI

COMPENSATION

49. Claim for compensation.

50. Notice of claim.

51. Provision of certain evidence and information.

52. Applications under sections 58 and 61 of Act of 1963.

PART VII

LICENSING UNDER SECTION 89 OF THE ACT OF 1963

53. Definition for Part VII.

54. Appliances and structures suitable for being licensed.

55. Fees for licences under section 89 of Act of 1963.

56. Additional fees for advertising use.

57. Disposal of licence fees.

PART VIII

EXTINGUISHMENT OF PUBLIC RIGHTS OF WAY

58. Definitions for Part VIII.

59. Notice of order.

60. Section 76 hearing.

61. Procedure at section 76 hearing.

62. Adjournment or re-opening of section 76 hearing.

63. Replacement of person appointed.

PART IX

MISCELLANEOUS

64. Prescribed authorities for purposes of section 46 of Act of 1963.

65. Public authorities.

66. Vesting Order.

67. Waiver notices.

68. Fee for development certificate.

69. Persons to whom section 32 of the Act of 1976 applies.

70. Form of declaration under section 32 of the Act of 1976.

FIRST SCHEDULE

Regulations revoked.

SECOND SCHEDULE

Prescribed Forms.

THIRD SCHEDULE

Exempted development.

FOURTH SCHEDULE

Licence fees in respect of appliances and structures under section 89 of the Act of 1963.

S.I. No. 65 of 1977.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1977.

The Minister for Local Government, in exercise of the powers conferred on him by sections 4 , 10 , 19 , 21 , 25 , 26 , 46 , 67 , 76 , 82 and 89 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976), and by sections 5 , 20 , 25 , 29 , 32 and 35 of the Local Government (Planning and Development) Act, 1976 , hereby makes the following Regulations:—

PART I PRELIMINARY AND GENERAL

1 Citation.

1. These Regulations may be cited as the Local Government (Planning and Development) Regulations, 1977.

2 Commencement.

2. These Regulations shall come into operation on the 15th day of March, 1977.

3 Interpretation.

3. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.

(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations—

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

"the Act of 1976" means the Local Government (Planning and Development) Act, 1976 ;

"the Acts" means the Act of 1963 and the Act of 1976;

" the Board" means An Bord Pleanála;

"the Minister" means the Minister for Local Government.

(4) In these Regulations a reference to a provision of the Act of 1963 which has been amended by the Act of 1976 is a reference to such provision as so amended.

4 Revocations.

4. The Regulations mentioned in the First Schedule are hereby revoked.

PART II DEVELOPMENT PLANS

5 Documents prescribed under section 21 (1) (a) of Act of 1963.

5. The prescribed documents for the purposes of section 21(1) (a) of the Act of 1963 shall be—

(a) in relation to the authorities prescribed at (a) to (g) of article 6—

(i) a copy of the written statement comprised in any draft of a proposed development plan, or of proposed variations of a development plan, and

(ii) a copy of the notice of the preparation of the draft published in accordance with section 21 (1) (b) of the Act of 1963;

(b) in relation to the authority prescribed at (h) in article 6—

(i) a copy of the written statement comprised in any draft of a proposed development plan, or of proposed variations of a development plan, for any area which comprises or in which is included any place which is or is in an area determined to be a Gaeltacht area by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 , and

(ii) a copy of the notice of the preparation of the draft published in accordance with section 21(1) (b) of the Act of 1963 for any such area; and

(c) in relation to the authorities prescribed at (i) to (1) of article 6—

(i) a copy of the written statement comprised in any draft of a proposed development plan, or of proposed variations of a development plan,

(ii) a copy of the notice of the preparation of the draft published in accordance with section 21 (1) (b) of the Act of 1963, and

(iii) a copy of any plan comprised in the draft.

6 Authorities prescribed under section 21(1) (a) of Act of 1963.

6. The prescribed authorities for the purposes of section 21 (1) (a) of the act of 1963 shall be—

(a) An Chomhairle Ealaíon,

(b) Bord Fáilte Éireann,

(c) An Taisce—the National Trust for Ireland,

(d) The National Monuments Advisory Council,

(e) The Minister for Industry and Commerce,

(f) The Minister for Fisheries,

(g) The Minister for Defence,

(h) The Minister for the Gaeltacht,

(i) The Minister.

(j) An Bord Pleanála,

(k) every planning authority whose area is contiguous to the area of the planning authority which prepared the draft, and

(l) every local authority in the area to which the draft relates.

7 Copies of development plans.

7. A planning authority shall make available for purchase by the public printed copies of the development plan and extracts therefrom.

8 Fees for copies of development plans.

8. Where application is made to a planning authority by a member of the public for a printed copy of a development plan or of an extract a therefrom the copy shall be issued to the applicant on payment by him to the planning authority of such fee as they may fix not exceeding the reasonable cost of making the copy.

PART III EXEMPTED DEVELOPMENT

9 Definitions for Part III.

9. In this Part—

"betting office" means premises for the time being registered in the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 (No. 27 of 1931);

"business premises" means any structure or other land (not being an excluded premises) which is normally used for the carrying on of any professional, commercial or industrial undertaking or any structure (not being an excluded premises) which is normally used for the provision therein of services to persons;

"excluded premises" means—

(a) any premises used for purposes of a religious, educational, cultural, recreational or medical character,

(b) any hotel, guest house, inn or public house, block of flats, club, boarding house or hostel, and

(c) any structure which was designed for use as one or more separate dwellings, except such a structure which was used as business premises immediately before the appointed day or is so used with permission under section 26 of the Act of 1963;

"funfair" includes an amusement arcade;

"illuminated" in relation to any advertisement, sign or other advertisement structure means illuminated internally or externally by artificial lighting, directly or by reflection, for the purpose of advertisement, announcement or direction;

"industrial building" means a structure (not being a shop, or a structure in or adjacent to and belonging to a quarry or mine) used for the carrying on of any industrial process;

"light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit;

"general industrial building" means an industrial building which is not a light industrial building or a special industrial...

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