Local Government (Planning and Development) Act, 1992

JurisdictionIreland
CitationIR No. 14/1992
Year1992


Number 14 of 1992


LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1992


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Duty and objective of Board.

3.

Amendment of section 26 of Principal Act.

4.

Provisions as to making of appeals.

5.

Availability of documents.

6.

Submission of documents, etc. to Board by planning authorities.

7.

Submissions or observations by other parties.

8.

Submissions or observations by persons other than parties.

9.

Power of Board to request submissions or observations.

10.

Power of Board to require submission of documents, etc.

11.

Powers of Board where notice served under section 9 or 10.

12.

Oral hearings.

13.

Matters other than those raised by parties or other persons may be taken into account in determining appeals.

14.

Board may dismiss appeals if vexatious, etc.

15.

Appeals against conditions.

16.

Power of Board to declare appeals and applications withdrawn.

17.

Time for appeals, etc.

18.

Regulations.

19.

Amendment of Principal Act and Act of 1976.

20.

Alteration of certain penalties under the Acts.

21.

Amendment of Act of 1990.

22.

Repeals and revocations.

23.

Transitional provisions.

24.

Short title, collective citation, commencement and construction.

SCHEDULE

Enactments Repealed


Acts Referred to

European Communities Act, 1972

1972, No. 27

Holidays (Employees) Act, 1973

1973, No. 25

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1976

1976, No. 20

Local Government (Planning and Development) Act, 1982

1982, No. 21

Local Government (Planning and Development) Act, 1983

1983, No. 28

Local Government (Planning and Development) Act, 1990

1990, No. 11

Local Government (Planning and Development) Acts, 1963 to 1991


Number 14 of 1992


LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1992


AN ACT TO AMEND AND EXTEND THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1991, IN RELATION TO APPEALS AND OTHER MATTERS WITH WHICH AN BORD PLEANÁLA IS CONCERNED AND IN RELATION TO LEGAL PROCEEDINGS CONCERNED WITH MATTERS ARISING UNDER OR CONNECTED WITH THE SAID ACTS AND TO PROVIDE FOR RELATED MATTERS. [16th July, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

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

“the Act of 1982” means the Local Government (Planning and Development) Act, 1982 ;

“the Act of 1983” means the Local Government (Planning and Development) Act, 1983 ;

“the Act of 1990” means the Local Government (Planning and Development) Act, 1990 ;

“the Acts” means the Local Government (Planning and Development) Acts, 1963 to 1992;

“appeal” means an appeal to the Board under section 26 (5) of the Principal Act;

“appellant” means the person by whom an appeal is made;

“other matter with which the Board is concerned” means—

(a) an appeal to the Board under the Acts or any order or regulations made under the Acts, other than an appeal under section 26 (5) of the Principal Act,

(b) a reference under section 5 of the Principal Act,

(c) a request for a determination of a disagreement, question or dispute to which section 26 (7) of the Principal Act or section 15 (2) of the Act of 1990 relates,

(d) a purchase notice transmitted to the Board pursuant to section 29 (4) of the Principal Act, or

(e) a request for a determination of a contribution or other matter which, pursuant to a condition attached to a permission or approval granted under section 26 of the Principal Act, is to be agreed between the planning authority and the person to whom the permission or approval is granted and in default of agreement is to be determined by the Board;

“party to an appeal” means any of the following persons, namely—

(a) the appellant,

(b) the planning authority against whose decision an appeal is made,

(c) the applicant for any permission or approval in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

and “party” shall be construed accordingly;

“planning application” means an application to a planning, authority in accordance with permission regulations for permission for the development of land or for an approval required by such regulations;

“prescribe” means prescribe by regulations;

“the Principal Act” means the Local Government (Planning and Development) Act, 1963 .

(2) In this Act—

(a) a reference to a section is to a section of this Act, unless it is indicated that reference to some other enactment is intended, and

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

Duty and objective of Board.

2.—(1) It shall be the duty of the Board to ensure that appeals and other matters with which it is concerned are disposed of as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the determination of appeals and other matters.

(2) In particular, and without prejudice to the generality of subsection (1) and subject to subsections (3), (4) and (7), it shall be the objective of the Board to ensure that every appeal or other matter is determined within—

(a) a period of four months beginning on the date of receipt by the Board of the appeal or other matter, or

(b) such other period as the Minister may prescribe, either generally or in respect of a particular class or classes of appeals or other matters.

(3) (a) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of an appeal or other matter with which the Board is concerned, to determine the appeal or other matter within the period referred to in paragraph (a) or (b) of subsection (2) (as the case may be) the Board shall, by notice in writing served on the parties to the appeal or other matter before the expiration of that period, inform those parties of the reasons why it would not be possible or appropriate (as the case may be) to determine the appeal or other matter within that period and shall specify the date before which the Board intends that the appeal or other matter shall be determined.

(b) Where a notice has been served under paragraph (a), the Board shall take all such steps as are open to it to ensure that the appeal or other matter is determined before the date specified in the notice.

(4) The Minister may by regulations—

(a) provide that subsection (2) shall not have effect for such period as is specified in the regulations, or

(b) vary a period mentioned in that subsection,

either generally or in respect of a particular class or classes of appeals or other matters with which the Board is concerned where it appears to him to be necessary, by virtue of exceptional circumstances, to do so and for so long as such regulations are in force this section shall be construed and have effect in accordance therewith.

(5) The Board shall include in each report made under section 9 of the Act of 1976 a statement of the number of appeals and other matters with which the Board is concerned that it has determined within a period referred to in paragraph (a) or (b) of subsection (2) and such other information as to the time taken to determine appeals and other matters as the Minister may direct.

(6) Subsections (2) to (5) shall apply in relation to appeals and other matters with which the Board is concerned that are received by the Board on or after the date which is six months after the date of the passing of this Act.

(7) This section shall not apply in relation to purchase notices transmitted to the Board pursuant to section 29 (4) of the Principal Act.

Amendment of section 26 of Principal Act.

3.—Section 26 of the Principal Act is hereby amended:

(a) by the substitution for subsection (5) and subsection (5A) (inserted by the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 )) of the following subsection:

“(5) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Board against a decision of a planning authority under this section.

(b) Subject to the following provisions of this subsection, where an appeal is brought from a decision of a planning authority and is not withdrawn, the Board shall determine the application as if it had been made to the Board in the first instance and the decision of the Board shall operate to annul the decision of the planning authority as from the time when it was given; and the provisions of subsections (1) and (2) of this section shall apply, subject to any necessary modifications, in relation to the determination of an application by the Board on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(c) Notwithstanding any other provision of this section, the Board in determining an appeal under this subsection shall, where it considers it appropriate, have regard to either or both of the...

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