S.I. No. 76/1965 - Local Government (Planning and Development) Act, 1963 (Licensing) Regulations, 1965.

S.I. No. 76 of 1965.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963 (LICENSING) REGULATIONS, 1965.

The Minister for Local Government in exercise of the powers conferred on him by sections 10 and 89 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 (Licensing) Regulations, 1965.

2. In these Regulations—

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

" specified appliance or structure " means an appliance or structure referred to in subsection (1) of section 89 of the Act.

3. The following appliances and structures are hereby specified as suitable for being licensed under section 89 of the Act—

(a) a petrol, oil or other storage tank (together with any associated manhole, inlet, outlet, or pipe for connection with a pump),

(b) a delivery pipe or hose attached to a petrol pump or oil pump, which is erected in a permanent position and which is not on a public road,

(c) a moveable pump or other appliance for dispensing any oil or oil derivative or mixture thereof,

(d) a case, rack, shelf or other appliance or structure for displaying articles for the purpose of advertisement or of sale in or in connection with any adjacent business premises,

(e) a lamp-post,

(f) a bridge, arch, tunnel, passage, or other similar structure which is used or intended for use other than by the public, and which is constructed on or after the appointed day,

(g) a cellar or other underground structure constructed on or after the appointed day,

(h) a coin-operated machine other than a vending machine, and

(i) an advertisement consisting of any symbol, emblem, model or device.

4. (1) Where a licence under section 89 of the Act is granted by a planning authority—

(a) to erect, construct, place and maintain, or

(b) to maintain

a specified appliance or structure referred to in Part I or II of the Schedule to these Regulations, the amount of the fee to be paid to the planning authority shall, subject to the provisions of article 5 of these Regulations, be—

(i) where the licence is for a period of one year, the appropriate amount indicated in the second column of the Schedule to these Regulations opposite the reference in the first column of the said Schedule to the specified appliance or structure,

(ii) where the licence is for a period of more than one year, an amount equal to the fee for one year for each year or part of a year for which the licence is granted, and

(iii) where the licence is for a period of less than a year, an amount equal to one-eighth of the fee for one year for each month or part of a month for which the licence is granted, or five shillings whichever is the greater.

(2) Where a licence under section 89 of the Act is granted by a planning authority to erect, construct, place and maintain a specified appliance or structure referred to in Part III of the Schedule to these Regulations, the amount of the fee to be paid by the planning authority shall be the amount indicated in the second column of the Schedule to these Regulations and no fee shall be payable in respect of any renewal of a licence to maintain such a specified appliance or structure.

5. In the case of—

(a) any pump, machine or similar appliance or structure, more than one quarter of the surface area of which is used for advertising purposes,

(b) any town or landscape map more than one third of the surface area of which is used for advertising purposes, and

(c) any other appliance or structure any part of the area of which is used for advertising purposes,

the amount of the fee under article 4 of these Regulations shall be increased by the amount of the fee payable under that article in respect of an advertisement structure which is on a public road.

6. (1) Licence fees received by planning authorities in respect of the specified appliances and structures referred to in Part I of the Schedule to these Regulations shall be lodged monthly to the Central Motor Tax Account.

(2) Licence fees received by planning authorities in respect of the specified appliances and structures referred to in Parts II and III of the Schedule to these Regulations shall be paid, in the case of a council of a county, into the county fund and in the case of a corporation of a county or other borough, or the council of an urban district, into the municipal fund.

7. The Local Government (Planning and Development) Act, 1963 (Licensing) Regulations, 1964 ( S.I. No. 218 of 1964 ) are hereby revoked.

SCHEDULE

LICENCE FEES IN RESPECT OF APPLIANCES AND STRUCTURES

GIVEN under the Official Seal of the Minister for Local Government this fifteenth day of April, 1965.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

The effect of these Regulations, which are made under sections 10 and 89 of the Local Government (Planning and Development) Act, 1963 is to require licences for the erection, construction, placing and maintaining on, under, over or along a public road of the appliances specified in the Regulations in addition to those specified in section 89 of that Act and to prescribe fees for the grant of licences under that section. These Regulations replace the Local Government (Planning and Development) Act, 1963 (Licensing) Regulations, 1964 ( S.I. No. 218 of 1964 ) which are revoked.