S.I. No. 226/1976 - The The Local Government (Planning and Development) Act, 1976 (Section 25) Regulations, 1976.

S.I. No. 226 of 1976.

THE THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976 (SECTION 25) REGULATIONS, 1976.

The Minister for Local Government in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) and section 25 of the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976) hereby makes the following Regulations:—

1. These Regulations may be cited as the Local Government (Planning and Development) Act, 1976 (Section 25) Regulations, 1976.

2. An order under section 25 (5) of the Local Government (Planning and Development) Act, 1976 , shall be in the form set out in the Schedule to these Regulations.

SCHEDULE.

ORDER UNDER SECTION 25 of THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976 , VESTING LAND.

WHEREAS development carried out pursuant to a permission under section 26 of the Local Government (Planning and Development) Act, 1963 (Reference No. in Register............................................................ .....................................);

² AND WHEREAS a condition requiring the provision or maintenance of land as open space, being open space to which section 25 of the Local Government (Planning and Development) Act, 1976 , (hereinafter called "the Act") applies, was attached to the permission;

²AND WHEREAS it was in the application for the permission that land would be provided or maintained as open space, being open space to which section 25 of the Local Government (Planning and Development) Act, 1976 , (hereinafter called "the Act") applies;

AND WHEREAS on the ........... day of .........................., 19 ......., the .............................. ³ (hereinafter referred to as "the planning authority") served on the owner of the land a written request that within a period of ................................. commencing on that day he would provide, level, plant or otherwise adapt or maintain the said land in a manner specified in the request, being a manner which in the opinion of the planning authority would make it suitable for the purpose for which the open space was to be provided;

AND WHEREAS the owner has failed to comply or to secure compliance with such request within such period;

AND WHEREAS the planning authority have, in accordance with section 25 (1) of the Act, published an acquisition notice in relation to the said land and have, in accordance with section 25 (2) of the Act, served a copy of the notice on the owner of the land;

² AND WHEREAS no appeal has been taken under section 25 (3) of the Act;

² AND WHEREAS an appeal has been taken under section 25 (3) of the Act and the appeal has been withdrawn;

² AND WHEREAS an appeal has been taken under section 25 (3) of the Act and the said acquisition notice has been confirmed in relation to the land described in the Schedule hereto;

NOW THEREFORE the planning authority, in exercise of the powers conferred on them by section 25 (5) of the Act, hereby order that the land described in the Schedule hereto, being the land to which the said acquisition notice (as confirmed)¹ relates, and which is shown on the map attached hereto which said map has been marked ⁴and sealed with the official seal of the planning authority shall, on the ......... day of .............................., 19......, ⁵ vest in the planning authority for all the estate, term or interest for which immediately before the date of this order the said land was held by the owner together with all rights and liabilities which, immediately before the said date, were enjoyed or incurred in connection therewith by the owner together with an obligation to comply with the request made under section 25 (1) (c) of the Act.

SCHEDULE.⁶

Description of land

The official seal of the planning authority was affixed hereto this

   day of      , 19   , in the presence of:—

DIRECTIONS FOR COMPLETING THIS FORM

¹ Delete words which do not apply.

² Delete recitals which do not apply.

³ Insert full description of planning authority.

⁴ The map should be sealed and marked by a heading containing a reference to the order e.g. "Map referred to in order made under section 25 of the Local Government (Planning and Development) Act, 1976 , on the   day of  , 19   , by    ".

⁵ The vesting date can be the date of the order or any subsequent date.

⁶ The quantity, description and situation of the land should be set out, with an appropriate reference to the manner in which the land is shown on the map.

⁷ The description of the persons in whose presence the seal is affixed should be stated e.g. "Lord Mayor", "Mayor", "Chairman", "Nominated Member", "City Manager and Town Clerk", "Manager", etc.

GIVEN under the Official Seal of the Minister for Local Government

this 4th day of October, 1976.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

These regulations prescribe the form of the order to be used under section 25 of the Local Government (Planning and Development) Act, 1976 , to vest open spaces in a planning authority.