Local Government (Planning and Development) (Amendment) Regulations, 1982

• Jurisdiction: Ireland
• Citation: IR SI 342/1982
• Year: 1982

S.I. No. 342 of 1982.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (AMENDMENT) REGULATIONS, 1982.
The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), and by section 25 of that Act as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976), and by sections 20 and 35 of the Local Government (Planning and Development) Act, 1976 , and by section 11 of the Local Government (Planning and Development) Act, 1982 (No. 21 of 1982), hereby makes the following Regulations:—
PART I PRELIMINARY AND GENERAL
	1 Citation.	1. (1) These Regulations may be cited as the Local Government (Planning and Development) (Amendment) Regulations, 1982.
(2) These Regulations, the Local Government (Planning and Development) Regulations, 1977 to 1980 and the Local Government (Planning and Development) (Amendment) Regulations, 1981 ( S.I. No. 154 of 1981 .) may be cited together as the Local Government (Planning and Development) Regulations, 1977 to 1982.
	2 Commencement.	2. These Regulations shall come into operation on the 1st day of December, 1982.
	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) ( a ) In these Regulations—
"the Act of 1982" means the Local Government (Planning and Development) Act, 1982 ;
"the Acts" means the Local Government (Planning and Development) Acts, 1963 to 1982;
"the appropriate period" has the meaning assigned to it in section 2 (5) of the Act of 1982;
"outline permission" means a permission for development subject to the subsequent approval of the planning authority;
"permission" includes outline permission;
"approval" means an approval consequent on an outline permission or an approval which is required to be obtained under a condition subject to which a permission or an approval is granted under the Acts;
"the 1977 Regulations" means the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 ).
( b ) In these Regulations, any reference to a decision to extend or further extend the appropriate period as regards a particular permission shall include a reference to such a decision which is regarded as having been given by virtue of section 4 (2) of the Act of 1982 and cognate expressions shall be construed accordingly.
PART II EXTENSION OF DURATION OF PLANNING PERMISSION
	4 Time for making application to extend or further extend appropriate period.	4. An application under section 4 of the Act of 1982 to extend or further extend the appropriate period as regards a particular permission shall be made not earlier than one year before the expiration of the appropriate period sought to be extended.
	5 Content of application to extend appropriate period.	5. An application under section 4 of the Act of 1982 to extend the appropriate period as regards a particular permission shall be made in writing and shall contain the following particulars—
( a ) the name and address of the applicant,
( b ) the location of the structure or other land to which the permission relates,
( c ) the development to which the permission relates,
( d ) particulars of the interest held in the relevant structure or other land by the applicant,
( e ) the date and reference number in the register of the planning authority of the permission,
( f ) in the case of an outline permission, the date and reference number in the register of the planning authority of the subsequent approval or approvals,
( g ) the date on which the permission will cease, or has ceased, to have effect,
( h ) the date of commencement of the development to which the permission relates,
( i ) particulars of the substantial works carried out pursuant to the permission before the expiration of the appropriate period,
( j ) the additional period by which the permission is sought to be extended, and
( k ) the date on which the development is expected to be completed.
	6 Content of application to further extend appropriate period.	6. An application under section 4 of the Act of 1982 to further extend the appropriate period as regards a particular permission shall be made in writing and shall contain the particulars referred to at paragraphs (a) to (h) inclusive of article 5 and also the following particulars—
( a ) particulars of the works (if any) carried out pursuant to the permission since the permission was extended or further extended,
( b ) the period by which the permission is sought to be further extended,
( c ) the date on which the development is expected to be completed, and
( d ) the circumstances beyond the control of the person carrying out the development due to which the development has not been completed during the period by which the permission has been extended or further extended.
	7 Further information.	7. (1) Where a planning authority receive an application to extend or further extend an appropriate period, they may by notice in writing require the applicant to do any one or more of the following—
( a ) to submit such information or particulars as may be necessary to comply with article 5 or article 6, as the case may require,
( b ) to submit such further information as they may require to consider the application (including any information regarding any estate or interest in or right over land),
( c ) to produce any evidence which they may reasonably require to verify any particulars or information given by the applicant in or in relation to the application.
(2) A planning authority shall not require an applicant who has complied with a requirement under sub-article (1) to submit any further particulars, evidence or information save as may be reasonably necessary to clarify the matters dealt with in the applicant's response to the said requirement or to enable those matters to be considered or assessed.
(3) Where an applicant fails or...