Local Government (Planning and Development) Act, 1976

Amendment of draft development plan or draft variation.

37.—The Principal Act is hereby amended by the insertion of the following section after section 21:

“21A.—(1) Where a planning authority have prepared a draft of a proposed development plan or of proposed variations of a development plan and, after complying with the requirements of subsections (1) and (2) of section 21 of this Act, it appears to the authority that the draft should be amended, subject to subsection (2) of this section they may amend the draft and make the development plan or variations accordingly.

(2) In case the proposed amendment would, if made, be a material alteration of the draft concerned, the planning authority shall cause notice of the proposed amendment to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area, and having complied with the requirements of subsection (3) and, where appropriate, a requirement of subsection (4) of this section, and having taken into account any representations, they may, as they shall think fit, make the proposed plan or proposed variation, as the case may be, with or without the proposed amendment or with such other amendment (not being an amendment providing for the preservation of a structure or public right of way) as, having regard to the particular circumstances, they consider appropriate.

(3) A notice under the foregoing subsection shall state that—

(a) a copy of the proposed amendment of the draft may be inspected at a stated place and at stated times during a stated period of not less than one month (and the copy shall be kept available for inspection accordingly), and

(b) written representations with respect to the proposed amendment of the draft made to the planning authority within the said period will be taken into consideration before the making of any amendment (and any such representations shall be taken into consideration accordingly).

(4) (a) Where the proposed amendment includes any provision to preserve any structure because of its artistic, historic or architectural interest, the planning authority shall, in addition to complying with the requirements of subsection (2) of this section, serve a notice incorporating particulars of the provision on the owner and on the occupier of the structure.

(b) Where the proposed amendment includes any provision to preserve a public right of way, the planning authority shall, in addition to complying with the requirements of the said subsection (2), serve a copy of the notice incorporating particulars of the provision and a map indicating the right of way on the owner and on the occupier of the land.

(5) Any person may, before the expiration of twenty-one days next following the period stated pursuant to paragraph (a) of subsection (3) of this section, appeal to the Circuit Court against the inclusion in the proposed amendment of any such provision as is referred to in subsection (4) (b) of this section, and the Court, if satisfied that no public right of way subsists, shall so declare and the provision shall accordingly not be included.”.