Local Government (Planning and Development) Act, 1963

Permission for retention of structures.

27.—(1) Where, with respect to a structure which existed immediately before the appointed day and which is on the commencement of that day an unauthorised structure,—

(a) application is made to the planning authority in accordance with permission regulations for permission for the retention of the structure, and

(b) any requirements relating to the application of or made under such regulations are complied with,

the authority may decide to grant the permission subject to or without conditions or to refuse it; and in dealing with any such application the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(2) Conditions under subsection (1) of this section may, without prejudice to the generality of that subsection, include all or any of the following conditions:

(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the structure and which is under the control of the applicant, so far as appears to the planning authority to be expedient for the purposes of or in connection with the retention of the structure,

(b) conditions for requiring the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(c) conditions for requiring provision of space around the structure,

(d) conditions for requiring the planting of trees, shrubs or other plants or the landscaping of the structure or other land,

(e) conditions for requiring compliance in respect of the structure with any rules made by the planning authority under subsection (6) of section 26 of this Act,

(f) conditions for requiring the removal of the structure at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period.

(3) (a) Where—

(i) an application is made to a planning authority in accordance with permission regulations for permission under this section,

(ii) any requirements relating to the application of or made under such regulations are complied with, and

(iii) the planning authority do not give notice to the applicant of their decision within the appropriate period,

a decision by the planning authority to grant the permission shall be regarded as having been given on the last day of that period.

(b) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case any notice or notices requiring the applicant to publish any notice, to give further information or to produce evidence in respect of the application has or have been served by the planning authority pursuant to permission regulations within the period of two months beginning on the day of receipt by the planning authority of the application—within the period of two months beginning on the day on which the notice or notices has or have been complied with,

(ii) in any other case, within the period of two months beginning on the day of receipt by the planning authority of the application.

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

(b) Where an appeal is brought under this subsection from a decision of a planning authority and is not withdrawn, the Minister shall determine the application as if it had been made to him in the first instance and his decision 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 Minister on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(c) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case the appellant is the applicant—the period of one month beginning on the day of receipt by him of the decision,

(ii) in any other case—the period of twenty-one days beginning on the day of the giving of the decision.

(5) A decision given under this section (whether on the original application or on appeal) by which permission is refused or is granted subject to conditions, and the notification of such decision, shall comprise a statement of the reasons for the refusal or the imposition of conditions.

(6) (a) Where the planning authority decide under this section to grant a permission—

(i) in case no appeal is taken against the decision, they shall make the grant as soon as may be after the expiration of the period for the taking by the applicant of an appeal or, in a case to which subsection (3) of this section applies, of the period for the taking of an appeal otherwise than by the applicant,

(ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless the appeal or appeals is or are withdrawn and, in that case, they shall make the grant as soon as may be after the withdrawal.

(b) Where the Minister decides on appeal under this section to grant a permission, he shall make the grant as soon as may be after the decision.

(7) A person shall not be entitled solely by reason of a permission under this section to retain any structure.