Town and Regional Planning Regulations, 1934

• Jurisdiction: Ireland
• Year: 1934
• Citation: IR SI 334/1934

STATUTORY RULES AND ORDERS. 1934. No. 334.
TOWN AND REGIONAL PLANNING REGULATIONS, 1934.
DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.
TOWN AND REGIONAL PLANNING ACT, 1934 .
TOWN AND REGIONAL PLANNING REGULATIONS, 1934.
ARRANGEMENT OF ARTICLES.
1. Citation.
2. Interpretation.
3. Definitions.
4. Provisions in relation to maps.
5. Public inspection of documents.
6. General provisions in relation to notices.
7. Power to extend time.
8. Form of planning resolution.
9. Notices, etc., of intention to propose planning resolution.
10. Notices, etc., of passing of planning resolution.
11. Time for appeal in relation to permission or prohibition.
12. Preparation and adoption of draft scheme.
13. Notices, etc., of adoption of draft scheme.
14. Making of planning scheme.
15. Reference to annexed map in planning scheme.
16. Notices, etc., of making of planning scheme.
17. Documents, etc., to accompany planning scheme submitted to Minister.
18. Notices, etc., of approval of planning scheme.
19. Notices, etc., of coming into operation of planning scheme.
20. Co-operation with owners of property, etc.
21. Obtaining information from rate books, etc.
FIRST SCHEDULE.
Forms.
SECOND SCHEDULE.
Documents and information to be sent when a planning scheme is submitted to the Minister for his approval.
STATUTORY RULES AND ORDERS.
1934. No. 334
DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.
TOWN AND REGIONAL PLANNING ACT, 1934 .
TOWN AND REGIONAL PLANNING REGULATIONS, 1934.
The Minister for Local Government and Public Health in exercise of the powers vested in him by the Town and Regional Planning Act, 1934 , and in exercise of every other power enabling him in this behalf hereby makes the following regulations, that is to say:—
	1 Citation.	1.—These regulations may be cited as the Town and Regional Planning Regulations, 1934.
	2 Interpretation.	2.—The Interpretation Act, 1923 , shall apply for the purpose of the interpretation of these regulations in the same manner in which it applies for the purpose of the interpretation of an Act of the Oireachtas.
	3 Definitions.	3.—(1) In these Regulations the following words and expressions shall have the meanings assigned to them by this article:—
"The Act" means the Town and Regional Planning Act, 1934 ;
"Certified Copy" means a copy certified by the principal officer of the planning authority or by any other officer of the planning authority duly authorised by the planning authority in that behalf, as being a true copy;
"Map" includes a plan or a series of maps or plans;
"Prescribed person" means and includes any of the following persons, that is to say:—
(a) the Minister for Industry and Commerce,
(b) the Commissioners of Public Works,
(c) every local authority to the whole or any portion of whose functional area the planning scheme or proposed planning scheme in connection with which the expression is used relates, except the local authority by whom such scheme has been or is to be made;
"Planning resolution" means a resolution of a planning authority deciding to make a planning scheme for any area;
"Draft Scheme" means a draft prepared and adopted by a planning authority setting out their proposals for a planning scheme;
"Owner" means in relation to any land or structure any person (other than a mortgagee not in possession) who is for the time being entitled to sell or otherwise dispose of the fee simple of such land or structure or of any term of years for the time being subsisting in respect of such land or structure of which the unexpired residue exceeds three years;
"The Approval Order" means the Order made by the Minister under section 29 of the Act approving of a planning scheme;
The Commencement Order" means the Order made by the Minister under section 32 of the Act appointing the day on which the planning scheme is to come into operation.
(2) Every reference in these regulations to a planning resolution, a draft scheme, or a planning scheme shall be construed as including a reference to any map which is annexed to such planning resolution, draft scheme or planning scheme.
	4 Provisions in relation to maps.	4.—(1) Subject to the provisions of this Article the scale of every map which is required by these regulations to be annexed to a planning resolution, a draft scheme or a planning scheme shall not be less than 25 inches to the mile.
(2) Where a map is annexed to a planning resolution, a draft scheme or a planning scheme in pursuance of these regulations solely for the purpose of describing one or more of the following areas, that is to say:—
(a) a county borough,
(b) a county,
(c) a borough,
(d) an urban district,
(e) a county health district,
the scale of such map may be less than 25 inches to the mile but shall not be less than 6 inches to the mile.
(3) The scale of any map annexed to a planning resolution, a draft scheme or a planning scheme in pursuance of these regulations may, in any particular case or cases where the Minister so directs, be on a scale smaller than the scale which save for such direction would be required by this article.
	5 Public inspection of documents.	5.—Whenever any resolution or document which relates to a planning scheme made or proposed to be made by a planning authority is required by the Act or by these regulations to be made available for public inspection during any period the following provisions shall apply, that is to say:—
(1) The planning authority shall make the following arrangements for making such document so available during such period, that is to say:—
(a) such resolution or document or a certified copy shall be deposited before the commencement of such period at the principal offices of the planning authority and at such other places (if any) within the area for which the planning scheme has been or is proposed to be made as the planning authority may determine;
(b) such resolution, document or certified copy shall be marked in a prominent place with the date on which it is so deposited and such mark shall be initialled by the principal officer of the planning authority or by some other officer of the planning authority duly authorised by the planning authority in that behalf;
(c) such resolution, document or certified copy shall be left so deposited at such place or places during the whole of such period;
(d) any person who shall make application at any reasonable hour on any day (not being a Sunday or bank holiday) during such period shall be permitted to inspect such resolution, document or certified copy.
(2) Before the expiration of fourteen days after the commencement of such period the planning authority shall send four certified copies of such resolution or document to the Minister and shall send one certified copy of such resolution or document to every local authority which is a prescribed person.
	6 General provisions in relation to notices.	6.—(1) Where a notice is required by these regulations to be given to any person such notice shall be given to such person in some one of the ways mentioned in section 8 of the Act.
(2) Where notice of any matter in relation to a planning scheme whether made or being made or proposed to be made is required to be given and published in accordance with these regulations such notice shall be given to the Minister and to every prescribed person, and such notice shall also be published in each of two successive weeks in each of three newspapers (of which at least one is a daily newspaper) circulating in the area to which such planning scheme relates or will relate when so made (as the case may be).
	7 Power to extend time.	7.—The Minister may, if he thinks fit in any particular case and subject to such conditions as he may impose, extend the period during which anything is required to be done under these regulations.
	8 Form of planning resolution.	8.—A planning resolution shall be in the form (Form P. S. I.) set forth in the first schedule to these regulations, and shall define the area for which the planning scheme is to be made by reference to a map annexed to the planning resolution showing by means of boundary lines the area for which under such resolution the planning scheme is to be made.
	9 Notices, etc., of intention to propose planning resolution.	9.—(1) Whenever notice is given and published in pursuance of Section 26 of the Act of the intention to propose a planning resolution at a meeting of a planning authority notice of such intention shall also be given to the Minister and to every prescribed person, and the planning resolution intended to be proposed shall be made available for public inspection during the period from the first publication of notice of such intention until such proposal has been considered and decided upon by such planning authority.
(2) Every notice of the intention to propose a planning resolution at a meeting of a planning authority which is given or published in pursuance of the Act or of this article shall include—
(a) a description of the area for which a planning scheme is proposed to be made in the same terms in which such area is proposed to be described in the planning resolution, and
(b) a statement of the arrangements made in pursuance of these regulations for making the planning resolution available for public inspection.
	10 Notices, etc., of passing of planning resolution.	10.—(1) When a planning authority has passed a planning resolution such authority shall, with all convenient speed, give and publish notice of such planning resolution in accordance with these regulations, and such notice shall include—
(a) a statement of the arrangements made in pursuance of these regulations for making such planning resolution available for public inspection, and
(b) a statement that any owner of property in the area for which a...