S.I. No. 180/1939 - Town and Regional Planning Regulations, 1939.

STATUTORY RULES AND ORDERS. 1939. No. 180.

TOWN AND REGIONAL PLANNING REGULATIONS, 1939.

ARRANGEMENT OF ARTICLES.

1. Short title and citation.

2. Definitions.

3. Defining the area in a planning resolution.

4. Use of abridged copies for the purposes of the Principal Regulations.

5. Form of notice of the passing of a planning resolution.

6. Time for application for compensation in respect of an interim direction.

SCHEDULE.

Form of notice of the passing of a planning resolution.

STATUTORY RULES AND ORDERS.

1939. No. 180.

TOWN AND REGIONAL PLANNING (AMENDMENT) ACT, 1939.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

The Minister for Local Government and Public Health, in exercise of the powers vested in him by the Town and Regional Planning Acts, 1934 and 1939, and in exercise of every other power enabling him in this behalf, hereby makes the following regulations, that is to say :—

1 Short Title and Citation.

1. —(1) These regulations may be cited as the Town and Regional Planning Regulations, 1939.

(2) These regulations and the Town and Regional Planning Regulations, 1934, may be cited collectively as the Town and Regional Planning Regulations, 1934 and 1939.

2 Definitions.

2. In these regulations the expression " the Act of 1939 " means the Town and Regional Planning (Amendment) Act, 1939 ;

the expression " the Principal Regulations " means the Town and Regional Planning Regulations, 1934 ;

other expressions have the same meaning as in the Principal Regulations.

3 Defining the area in a planning resolution.

3. Notwithstanding the provisions of Article 8 of the Principal Regulations, any county borough, borough, urban district or county health district the whole of which is co-terminus with or included in the area for which under a planning resolution a planning scheme is to be made, may be defined in such planning resolution by name and without reference to a map, and the prescribed form shall be deemed to be modified accordingly.

4 Use of abridged copies for the purpose of the principal regulations.

4. —(1) In this article an abridged copy of the draft scheme or a planning scheme means a copy of such draft scheme or planning scheme from which there is omitted one or more maps and in which in place of every such omitted map is inserted a reproduction of such map on a smaller scale together with a statement that the original map may be inspected at the principal offices of the planning authority ; and a certified abridged copy of a draft scheme or a planning scheme means an abridged copy of such draft scheme or planning scheme which has been certified by the principal officer of the planningauthority or by any other officer of the planning authority duly authorised by the planning authority in that behalf to be a true copy of such draft scheme or planning scheme save for the substitution for certain maps included in such draft scheme or planning scheme of reproductions on a smaller scale.

(2) Any copy of a draft scheme or a planning scheme deposited for the purpose of compliance with sub-article (1) of Article 5 of the Principal Regulations at any place except the principal offices of the planning authority by which such scheme was made may be a certified abridged copy.

(3) Any certified copy of a draft scheme or a planning scheme sent for the purpose of complying with sub-article (2) of Article 5 of the Principal Regulations to any person except the Minister, and every certified copy of a draft scheme or planning scheme sent for the said purpose to the Minister except one such certified copy may be a certified abridged copy.

(4) The certified copies of a planning scheme to be printed and put on sale in pursuance of sub-article (4) of Article 19 of the Principal Regulations may be abridged copies.

5 Form of notice of the passing of a planning resolution.

5. The notice of the passing of a planning resolution required by Section 5 of the Act of 1939 to be published by a planning authority shall be in the form (Form P.S. 5) set forth in the Schedule to these Regulations.

6 Time for application for compensation in respect of an direction.

6. The time within which any person to whom an interim direction has been given may apply to the Minister under sub-section (2) of Section 14 of the Act of 1939, for an order declaring that compensation shall be payable in respect of such interim direction shall be—

(a) where such interim direction was given before the passing of the Act of 1939—not later than the 31st day of August, 1939, and

(b) in any other case—one month after the giving of such interim direction.

Given under the Official Seal of the Minister for Local Government and Public Health, this seventh day of July, One Thousand Nine Hundred and Thirty-nine.

(Signed) SEAN T. O CEALLAIGH,

Minister for Local Government and Public

Health.

SCHEDULE.

Article 5.                              Form P.S.5

NOTICE OF THE PASSING OF A PLANNING RESOLUTION

(Name or description of planning district or region)

Notice is hereby given that the ............................................................ .... (name of planning authority) ...............................................being the planning authority for the.....................................(name or description of planning district or region)......................................................at a meeting held on the ................day of.........................., 19.........., passed a resolution deciding to make a scheme for the following area, being the said planning , that is to say, the area consisting of (Note 2) ............................................................ ............................................................ ............................................................ .........

............................................................ ............................................................ ............................................................ .........

The resolution can be inspected at the office of the said planning authority at any reasonable hour on any day (not being a Sunday or Bank Holiday).

Any owner of property in the said area may apply to the High Court within two months after the completion of the second publication of this notice for the annulment of the resolution. The resolution unless annulled on such an application will be deemed valid for all purposes.

NOTES NO FORM P.S. 5.

1. In the first publication of the notice " second " should be omitted, and vice versa.

2. The area should be described in the same way in which it is described in the planning resolution under Article 8 of the Principal Regulations as amended by Article 3 of these regulations.