Local Government (Planning and Development) Act, 1963, (Appeals and References) Regulations, 1964.

JurisdictionIreland
CitationIR SI 216/1964

S.I. No. 216 of 1964.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963, (APPEALS AND REFERENCES) REGULATIONS, 1964.

The Minister for Local Government in exercise of the powers conferred on him by sections 10 and 82 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) hereby makes the following Regulations :—

1. These Regulations may be cited as the Local Government (Planning and Development) Act, 1963 , (Appeals and References) Regulations, 1964.

2. (1) In these Regulations—

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

" the Minister " means the Minister for Local Government ;

" appeal " means an appeal to the Minister under the Act or any order made under the Act;

" reference " means a reference under section 5 of the act ;

" oral hearing " means an oral hearing of an appeal or of a reference.

(2) In these Regulations a party to an appeal or reference means—

(a) as respects an appeal —

(i) the appellant,

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

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

(iv) any person served by a planning authority with a notice or order in relation to which an appeal is made by another person, and

(b) as respects a reference—

(i) the person making the reference,

(ii) the planning authority for the area in which the land or structure to which the particular reference relates is situated,

(iii) any other person with whom the question to which the particular reference relates has arisen.

3. An appeal shall be made in writing and shall state the subject matter of the appeal and the grounds of appeal.

4. A reference of any question as to what, in any particular case, is or is not development or exempted development shall be made in writing to the Minister and shall state the question that has arisen and the name and address of the person with whom the question has arisen.

5. On receipt of an appeal or reference from a person, the Minister shall give to each other party to the appeal or reference a copy thereof.

6. A person to whom a copy of an appeal or reference has been given may, within such period as may at any time be specified by the Minister, make in writing to the Minister such observations on the appeal or reference as he thinks fit and a copy of such observations shall be given by the Minister to each other party to the appeal or reference or, where a number of persons have made the appeal or reference jointly, to any one of such persons.

7. (1) A party to an appeal or reference shall give to the Minister any document or information which the...

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