Local Government (Planning and Development) Act, 1963

• Jurisdiction: Ireland
• Citation: IR No. 28/1963

Number 28 of 1963.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1. Short title and commencement. 2. Interpretation. 3. Development. 4. Exempted development. 5. References to the Minister. 6. Power of examination, investigation and survey. 7. Service of notices, etc. 8. Register. 9. Obligation to give information to planning authority. 10. Regulations generally. 11. Repeals.
PART II.
Financial Provisions.
12. Expenses of administration of Minister. 13. Charging of expenses of planning authority who are council of a county. 14. Assistance by planning authority in certain cases. 15. Contribution towards training and research. 16. Apportionment of joint expenses. 17. Power to set off. 18. Payment of sum to or by appellant.
PART III.
Development Plans.
19. Obligation to make development plan and contents of plan. 20. Obligation to review development plan and variations of plan. 21. Publication of notices with respect to plans, etc. 22. General duty of planning authority. 23. Preparation and publication of model forms of development plans.
PART IV.
Control of Development and of Retention of Certain Structures, etc.
24. General obligation to obtain permissions. 25. Permission regulations. 26. Permission for development. 27. Permission for retention of structures. 28. Supplemental provisions as to grant of permission. 29. Obligation to purchase land on refusal of permission in certain cases. 30. Revocation and modification of permission. 31. Enforcement of planning control (development). 32. Enforcement of planning control (retention of structure). 33. Enforcement of planning control (structure which is unauthorised structure on commencement of appointed day). 34. Liability of owner of land for failure to comply with requirements of enforcement notice other than discontinuance of use of land. 35. Enforcement of planning control (development commenced and not carried out in conformity with permission). 36. Requiring removal or alteration of structure. 37. Requiring discontinuance of use. 38. Agreements regulating development or use of land. 39. Restrictions on certain local authorities. 40. Permission not required in certain cases. 41. Registering of applications.
PART V.
Amenities.
42. Area of special amenity. 43. Confirmation of order under Section 42 of this Act. 44. Requiring removal or alteration of hedge. 45. Tree preservation orders. 46. Conservation orders. 47. Creation of public rights of way pursuant to agreement. 48. Compulsory powers for creation of public rights of way. 49. Supplemental provisions with respect to public rights of way. 50. Planting of trees, shrubs and other plants. 51. Noise and vibration. 52. Litter. 53. Exhibition of advertisements on certain structures, etc. 54. Repair and tidying of advertisement structures and advertisements.
PART VI.
Compensation.
55. Compensation (refusal of permission or grant of permission subject to conditions). 56. Compensation excluded in respect of certain matters. 57. Compensation excluded if certain other development permitted or if compensation already paid. 58. Restrictions on sections 56 and 57. 59. Compensation (revocation or Modification of permission). 60. Compensation in relation to section 36. 61. Compensation in relation to section 37. 62. Compensation in relation to section 44. 63. Compensation in relation to section 48. 64. Compensation in relation to section 83. 65. Compensation in relation to section 85. 66. Compensation in relation to direction under the Act of 1934. 67. Regulations in relation to Compensation. 68. Determination of claim for payment of compensation. 69. Amendment of section 2 of the Act of 1919. 70. Prohibition of double compensation. 71. Recovery from planning authority of compensation. 72. Registration of compensation. 73. Recovery by planning authority of compensation on subsequent development.
PART VII.
Acquisition of Land, etc.
74. Appropriation of land to purposes of functions under this Act. 75. Disposal of land by planning authority. 76. Extinguishment of public right of way. 77. Development by planning authority, etc. 78. Public notice of development proposed to be carried out by certain local authorities. 79. Amendment of Landlord and Tenant Acts, 1931 and 1958.
PART VIII.
Miscellaneous.
80. Prosecution of offences by planning authority. 81. Restriction on exercise of power of entry of planning authority and obstruction of approved entry. 82. Supplemental provisions relating to references and appeals. 83. Power of authorised person to enter on land. 84. Consultation by State authorities. 85. Cables, wires and pipelines. 86. Building regulations. 87. Relaxation of building regulations. 88. Appeal against refusal by planning authority to relax building regulations. 89. Petrol pumps, etc., on public roads. 90. Saving for national monuments. 91. Amendment of Section 42 of Public Health (Ireland) Act, 1878. 92. Transitional.
FIRST SCHEDULE.
Towns.
SECOND SCHEDULE.
Repeals.
THIRD SCHEDULE.
Purposes for which Objectives may be indicated in Development Plan.
FOURTH SCHEDULE.
Rules inserted in Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919.
FIFTH SCHEDULE.
Matters for which Building Regulations may prescribe Standards.
Acts Referred to Acquisition of Land (Assessment of Compensation) Act, 1919 1919, c. 57 Town and Regional Planning Act, 1934 1934, No. 22 Local Government Act, 1941 1941, No. 23 Towns Improvement (Ireland) Act, 1854 1854, c. 103 Road Traffic Act, 1961 1961, No. 24 Foreshore Act, 1933 1933, No. 12 Land Reclamation Act, 1949 1949, No. 25 Local Government (No. 2) Act, 1960 1960, No. 40 Town and Regional Planning (Amendment) Act, 1939 1939, No. 11 Housing (Miscellaneous Provisions) Act, 1931 1931, No. 50 Lands Clauses Consolidation Act, 1845 1845, c. 19 Working Classes Act, 1890 1890 c. 70 Rent Restrictions Act, 1960 1960, No. 42 Landlord and Tenant Act, 1931 1931, No. 2 Landlord and Tenant (Reversionary Leases) Act, 1958 1958, No. 2 Public Health (Ireland) Act, 1878 1878, c. 52 Public Health Acts Amendment Act, 1890 1890, c. 59 Public Health (Ireland) Act, 1878 1878, c. 52 Interpretation Act, 1937 1937, No. 38 Cork Improvement Act, 1868 31 & 32 Vic., c. xxxiii Dublin Corporation Act, 1890 53 & 54 Vic., c. ccxlvi Local Government Act, 1925 1925, No. 5
Number 28 of 1963.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963.
AN ACT TO MAKE PROVISION, IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROPER PLANNING AND DEVELOPMENT OF CITIES, TOWNS AND OTHER AREAS, WHETHER URBAN OR RURAL (INCLUDING THE PRESERVATION AND IMPROVEMENT OF THE AMENITIES THEREOF), TO MAKE CERTAIN PROVISIONS WITH RESPECT TO ACQUISITION OF LAND, TO REPEAL THE TOWN AND REGIONAL PLANNING ACTS, 1934 AND 1939, AND CERTAIN OTHER ENACTMENTS AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [7th August, 1963.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title and commencement.	1.—(1) This Act may be cited as the Local Government (Planning and Development) Act, 1963.
	(2) This Act shall come into operation as follows:
	(a) this section shall come into operation on the passing of this Act,
	(b) sections 86, 87 and 88 and subsection (5) of section 92 shall come into operation on the day fixed for that purpose by the Minister for Local Government by order,
	(c) if an order is made under paragraph (a) of subsection (3) of this section, the rest of this Act shall come into operation on the day appointed by that order,
	(d) if an order is not made under paragraph (a) of subsection (3) of this section, the rest of this Act shall come into operation in an area on the day appointed with respect to that area by order made under paragraph (b) of that subsection.
	(3) The Minister for Local Government—
	(a) may by order appoint a day to be the day appointed under this Act, or
	(b) may by orders appoint two or more different days to be, with respect to different areas respectively, the days appointed under this Act.
	Interpretation.	2.—(1) In this Act, save where the context otherwise requires—
	“the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919 ;
	“the Act of 1934” means the Town and Regional Planning Act, 1934 (repealed by this Act);
	“advertisement” means any word, letter, model, balloon, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction;
	“advertisement structure” means any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for...