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S.I. No. 65/1977 - Local Government (Planning and Development) Regulations, 1977.

S.I. No. 65/1977:

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1977.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1977.

CONTENTS

PART I

PRELIMINARY AND GENERAL

1. Citation.

2. Commencement.

3. Interpretation.

4. Revocations.

PART II

DEVELOPMENT PLANS

5. Documents prescribed under section 21 (1) (a) of Act of 1963.

6. Authorities prescribed under section 21 (1) (a) of Act of 1963.

7. Copies of development plans.

8. Fees for copies of development plans.

PART III

EXEMPTED DEVELOPMENT

9. Definitions for Part III.

10. Exempted development.

11. Restrictions on exemption.

12. Changes of use within specified classes of use.

PART IV

PERMISSION REGULATIONS

13. Definitions for Part IV.

14. Notice of intention.

15. Notices in newspapers.

16. Site notices.

17. Planning applications generally.

18. Applications for permission.

19. Outline applications, etc.

20. Plans, drawings and maps.

21. Applications not complying with article 18.

22. Procedure on receipt of application.

23. Further notice.

24. Planning authority notice.

25. Notice to certain bodies.

26. Further information.

27. Revised plans, etc.

28. Environmental study.

29. Inspection of documents.

30. Notice in certain cases.

31. Notification of decision on application.

32. Additional notice in certain cases.

33. Form of notification of grant of permission or approval.

34. Provision of forms and instructions.

PART V

APPEALS AND REFERENCES TO THE BOARD

35. Definitions for Part V.

36. Form and content of appeal.

37. Form and content of reference.

38. Copy of appeal or reference to other parties.

39. Documents, information, etc.

40. Observations on appeal or reference.

41. Notice of appeal or reference.

42. Revised plans, etc.

43. Powers of Board in relation to appeals.

44. Oral hearings.

45. Procedure at oral hearing.

46. Adjournment or reopening of oral hearing.

47. Replacement of person appointed to conduct oral hearing.

48. Notification by Board of decision on appeal.

PART VI

COMPENSATION

49. Claim for compensation.

50. Notice of claim.

51. Provision of certain evidence and information.

52. Applications under sections 58 and 61 of Act of 1963.

PART VII

LICENSING UNDER SECTION 89 OF THE ACT OF 1963

53. Definition for Part VII.

54. Appliances and structures suitable for being licensed.

55. Fees for licences under section 89 of Act of 1963.

56. Additional fees for advertising use.

57. Disposal of licence fees.

PART VIII

EXTINGUISHMENT OF PUBLIC RIGHTS OF WAY

58. Definitions for Part VIII.

59. Notice of order.

60. Section 76 hearing.

61. Procedure at section 76 hearing.

62. Adjournment or re-opening of section 76 hearing.

63. Replacement of person appointed.

PART IX

MISCELLANEOUS

64. Prescribed authorities for purposes of section 46 of Act of 1963.

65. Public authorities.

66. Vesting Order.

67. Waiver notices.

68. Fee for development certificate.

69. Persons to whom section 32 of the Act of 1976 applies.

70. Form of declaration under section 32 of the Act of 1976.

FIRST SCHEDULE

Regulations revoked.

SECOND SCHEDULE

Prescribed Forms.

THIRD SCHEDULE

Exempted development.

FOURTH SCHEDULE

Licence fees in respect of appliances and structures under section 89 of the Act of 1963.

S.I. No. 65 of 1977.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1977.

The Minister for Local Government, in exercise of the powers conferred on him by sections 4 , 10 , 19 , 21 , 25 , 26 , 46 , 67 , 76 , 82 and 89 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976), and by sections 5 , 20 , 25 , 29 , 32 and 35 of the Local Government (Planning and Development) Act, 1976 , hereby makes the following Regulations:—

PART I PRELIMINARY AND GENERAL

Citation.

1. These Regulations may be cited as the Local Government (Planning and Development) Regulations, 1977.

Commencement.

2. These Regulations shall come into operation on the 15th day of March, 1977.

Interpretation.

3. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.

(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations—

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

"the Act of 1976" means the Local Government (Planning and Development) Act, 1976 ;

"the Acts" means the Act of 1963 and the Act of 1976;

" the Board" means An Bord Pleanála;

"the Minister" means the Minister for Local Government.

(4) In these Regulations a reference to a provision of the Act of 1963 which has been amended by the Act of 1976 is a reference to such provision as so amended.

Revocations.

4. The Regulations mentioned in the First Schedule are hereby revoked.

PART II DEVELOPMENT PLANS

Documents prescribed under section 21 (1) (a) of Act of 1963.

5. The prescribed documents for the purposes of section 21(1) (a) of the Act of 1963 shall be—

(a) in relation to the authorities prescribed at (a) to (g) of article 6—

(i) a copy of the written statement comprised in any draft of a proposed development plan, or of proposed variations of a development plan, and

(ii) a copy of the notice of the preparation of the draft published in accordance with section 21 (1) (b) of the Act of 1963;

(b) in relation to the authority prescribed at (h) in article 6—

(i) a copy of the written statement comprised in any draft of a proposed development plan, or of proposed variations of a development plan, for any area which comprises or in which is included any place which is or is in an area determined to be a Gaeltacht area by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 , and

(ii) a copy of the notice of the preparation of the draft published in accordance with section 21(1) (b) of the Act of 1963 for any such area; and

(c) in relation to the authorities prescribed at (i) to (1) of article 6—

(i) a copy of the written statement comprised in any draft of a proposed development plan, or of proposed variations of a development plan,

(ii) a copy of the notice of the preparation of the draft published in accordance with section 21 (1) (b) of the Act of 1963, and

(iii) a copy of any plan comprised in the draft.

Authorities prescribed under section 21(1) (a) of Act of 1963.

6. The prescribed authorities for the purposes of section 21 (1) (a) of the act of 1963 shall be—

(a) An Chomhairle Ealaíon,

(b) Bord Fáilte Éireann,

(c) An Taisce—the National Trust for Ireland,

(d) The National Monuments Advisory Council,

(e) The Minister for Industry and Commerce,

(f) The Minister for Fisheries,

(g) The Minister for Defence,

(h) The Minister for the Gaeltacht,

(i) The Minister.

(j) An Bord Pleanála,

(k) every planning authority whose area is contiguous to the area of the planning authority which prepared the draft, and

(l) every local authority in the area to which the draft relates.

Copies of development plans.

7. A planning authority shall make available for purchase by the public printed copies of the development plan and extracts therefrom.

Fees for copies of development plans.

8. Where application is made to a planning authority by a member of the public for a printed copy of a development plan or of an extract a therefrom the copy shall be issued to the applicant on payment by him to the planning authority of such fee as they may fix not exceeding the reasonable cost of making the copy.

PART III EXEMPTED DEVELOPMENT

Definitions for Part III.

9. In this Part—

"betting office" means premises for the time being registered in the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 (No. 27 of 1931);

"business premises" means any structure or other land (not being an excluded premises) which is normally used for the carrying on of any professional, commercial or industrial undertaking or any structure (not being an excluded premises) which is normally used for the provision therein of services to persons;

"excluded premises" means—

(a) any premises used for purposes of a religious, educational, cultural, recreational or medical character,

(b) any hotel, guest house, inn or public house, block of flats, club, boarding house or hostel, and

(c) any structure which was designed for use as one or more separate dwellings, except such a structure which was used as business premises immediately before the appointed day or is so used with permission under section 26 of the Act of 1963;

"funfair" includes an amusement arcade;

"illuminated" in relation to any advertisement, sign or other advertisement structure means illuminated internally or externally by artificial lighting, directly or by reflection, for the purpose of advertisement, announcement or direction;

"industrial building" means a structure (not being a shop, or a structure in or adjacent to and belonging to a quarry or mine) used for the carrying on of any industrial process;

"light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit;

"general industrial building" means an industrial building which is not a light industrial building or a special industrial building;

"special industrial building" means an industrial building used for one or more of the purposes specified in classes 5, 6, 7 and 8 in Part IV of the Third Schedule;

"industrial process" means any process which is carried on in the course of trade or business other than agriculture and which is for or incidental to the making of any article or part of an article, or the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article, including in particular the getting, dressing or treatment of minerals;

"article" means an article or substance of any description, including a vehicle, aircraft, ship or vessel;

"industrial undertaker" means a person by whom an industrial process is carried on and "industrial undertaking" shall be construed accordingly;

"minerals" includes all minerals and substances in or under land of a kind ordinarily worked by underground or by surface working for removal but does not include turf;

"motor vehicle" means any mechanically propelled vehicle for the purposes of the Road Traffic Act, 1961 (No. 24 of 1961);

"office" includes a bank but does not include a post-office or betting office;

"painting" includes any application of colour;

"permission under the Acts" includes a permission treated as a permission granted under section 26 of the Act of 1963 by virtue of section 92 of that Act;

"repository" means a structure (excluding any land occupied therewith) where storage is the principal use and where no business is transacted other than business incidental to such storage;

"shop" means a structure used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail and includes a structure used for the purposes of a hairdresser, undertaker or ticket agency or for the reception of goods to be washed, cleaned or repaired, or for any other purpose appropriate to a shopping area, but does not include a structure used as a funfair, garage, petrol filling station, office, or hotel or premises (other than a restaurant) licensed for the sale of intoxicating liquor for consumption on the premises;

"wholesale warehouse" means a structure where business, principally of a wholesale nature, is transacted and goods are stored or displayed but only incidentally to the transaction of that business.

Exempted development.

10. (1) Subject to article 11, development of each class specified in column 1 of Part I of the Third Schedule shall be exempted development for the purposes of the Acts, provided such development complies with the limitations specified in the said column 1 in relation to that class and with the conditions specified in column 2 of the said Part I opposite the mention of that class in the said column 1.

(2) Subject to article 11, development consisting of the use of a structure or other land for the exhibition of advertisements of a class specified in column 1 of Part II of the Third Schedule shall be exempted development for the purposes of the Acts provided that—

(a) such development complies with the limitations specified in the said column 1 in relation to that class and with the conditions specified in column 2 of Part II of the said Schedule opposite the mention of that class in the said column 1, and

(b) the structure or other land on which the advertisement is exhibited shall not be used for the exhibition of any advertisement other than an advertisement of a class which is specified in column 1 of Part II of the said Schedule and which complies with the limitations specified in the said column and the conditions specified in column 2 of the said Part II in relation to that class.

(3) Subject to article 11, development consisting of the erection of any advertisement structure for the exhibition of an advertisement of any one of the classes specified in column 1 of Part II of the Third Schedule shall be exempted development for the purposes of the Acts provided that—

(a) the area of such advertisement structure which is used for the exhibition of an advertisement does not exceed the area specified in a condition in column 2 of Part II of the said Schedule opposite the mention of that class in the said column 1, and

(b) the advertisement structure is not used for the exhibition of advertisements other than advertisements of the class to which the exemption relates.

(4) Subject to article 11, in areas other than county boroughs, boroughs, urban districts and towns specified in the First Schedule to the Act of 1963, development of each class specified in column 1 of Part III of the Third Schedule shall be exempted development for the purposes of the Acts provided that such development complies with the limitations specified in the said column 1 in relation to that class and with the conditions specified in column 2 of Part III of the said Schedule opposite the mention of that class in the said column 1.

(5) Development commenced prior to the coming into operation of these Regulations and which was exempted development for the purposes of the Acts by reason of a provision of regulations revoked by these Regulations shall, notwithstanding such revocation, continue to be exempted development for the purposes of the Acts.

Restrictions on exemption.

11. (1) Development to which article 10 relates shall not be exempted development for the purposes of the Acts—

(a) if the carrying out of such development would—

(i) contravene a condition attached to a permission under the Acts or be inconsistent with any use specified in a permission under the Acts,

(ii) consist of or comprise the formation, laying out or material widening of a means of access to a public road the metalled part of which is more than 4 metres in width,

(iii) endanger public safety by reason of traffic hazard or any obstruction to the view of persons using any public road at or near any bend, corner, junction or intersection,

(iv) contravene any building regulation made under section 86 of the Act of 1963 or any byelaw in force under section 41 of the Public Health (Ireland) Act, 1878, in the area in which the land to which the development relates is situated,

(v) comprise the erection, construction, extension or renewal of a building on any street so as to bring forward the building, or any part of the building, beyond the front wall of the building on either side thereof or beyond a line determined as the building line in the development plan for the area or, pending the variation of the development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan,

(vi) consist of or comprise the carrying out under a public road of works other than a connection to a sewer, water main, gas main or electricity supply line or cable, or any works specified in class 21 or 22 of Part I of the Third Schedule,

(vii) restrict a view or prospect of special amenity value or special interest the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of the development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan,

(viii) consist of or comprise the extension, alteration, repair or renewal of an unauthorised structure or a structure the use of which is an unauthorised use,

(ix) consist of the alteration or demolition of a building or other structure other than an alteration consisting of the painting of any previously painted part of such building or structure, where such building or structure is specified in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan, as a building or other structure, or one of a group of buildings, of artistic, architectural or historic interest, the preservation of which it is an objective of the planning authority to secure,

(x) consist of the alteration or demolition of a building or other structure other than an alteration consisting of the painting of any previously painted part of such building or structure, where such building or structure is specified in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan, as a building or other structure, or one of a group of buildings, of artistic, architectural or historic interest, the preservation of which it is the intention of the planning authority to consider in the event of an application for permission being made to alter or demolish the building or structure,

(xi) consist of the demolition or such alteration of a building as would preclude or restrict the continuation of an existing use of a building where it is an objective of the planning authority to secure that the building would remain available for such use and such objective has been included in the development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan,

(xii) consist of the fencing or enclosure of any land habitually open to or used by the public during the ten years preceding such fencing or enclosure for recreational purposes or as means of access to any seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, or

(xiii) obstruct any public right of way, or

(b) in an area to which a special amenity area order relates, if such development would be development—

(i) of class 1, 3, 13, 17, 18, 23 or 24 specified in column 1 of Part I of the Third Schedule,

(ii) consisting of the use of a structure or other land for the exhibition of advertisements of class 4, 5, 8, 9, 13, 14 or 17 specified in column 1 of Part II of the said Schedule or the erection of an advertisement structure for the exhibition of any advertisement of any of the said classes, or

(iii) of class 6, 7, 8 or 9 specified in column 1 of Part III of the said Schedule.

(2) Sub-paragraph (vii) of paragraph (a) of sub-article (1) shall not apply where the development consists of the construction by any electricity undertaking of an overhead line or cable not exceeding one hundred metres in length for the purpose of conducting electricity from a distribution or transmission line to any premises.

Changes of use within specified classes of use.

12. (1) Development which consists of a change of use within any one of the classes of use specified in Part IV of the Third Schedule and which does not require the carrying out of any works, other than works which are exempted development, shall be exempted development for the purposes of the Acts provided that the development, if carried out, would not contravene a condition attached to a permission under the Acts or be inconsistent with any use specified or included in such a permission.

(2) Where a group of contiguous or adjacent structures used as parts of a single undertaking includes industrial buildings used for purposes falling within two or more of the classes specified in Part IV of the Third Schedule as classes 3 to 8, inclusive, those particular two or more classes may, in relation to that group of structures and so long as the area occupied in that group by general or by special industrial buildings is not increased, be treated as a single class for the purposes of these Regulations.

(3) A use which is ordinarily incidental to any use specified in Part IV of the Third Schedule is not excluded from that use as an incident thereto merely by reason of its being specified in the said Part of the said Schedule as a separate use.

PART IV PERMISSION REGULATIONS

Definitions for Part IV.

13. In this Part—

"outline application" means an application for an outline permission;

"outline permission" means a permission for development subject to the subsequent approval of the planning authority;

"permission" includes outline permission;

"approval" means an approval consequent on an outline permission or an approval which is required to be obtained under a condition subject to which a permission or an approval is granted under the Acts;

"planning application" means an application to a planning authority for a permission to develop land and includes—

(a) an outline application,

(b) an application for an approval,

(c) an application for permission for the retention of a structure, and

(d) an application for permission for the continuance of any use of any structure or other land.

Notice of intention.

14. Prior to the making of a planning application, the applicant of shall publish notice of his intention to make such application either—

(a) in a newspaper circulating in the district in which the relevant land or structure is situate, or

(b) by the erection or by the fixing of a notice on the land or structure.

Notices in newspapers.

15. A notice published in a newspaper in pursuance of article 14 shall contain, as a heading, the name of the city, town or county in which the land or structure is situate and shall state—

(a) the name of the applicant,

(b) the location of the land or the address of the structure to which the application relates (as may be appropriate),

(c) the nature and extent of the development, or

(d) where the application relates to the retention of a structure, the nature of the proposed use of the structure and the period of the proposed retention, or

(e) where the application relates to the continuance of any use, the nature of such use.

Site notices.

16. (1) A notice erected or fixed for the purposes of article 14 on any land or structure shall—

(a) be painted or inscribed, or printed and pasted, on a durable material,

(b) be securely erected or fixed in a conspicuous position—

(i) on or near the main entrance to the land or structure from a public road, or

(ii) on any other part of the land or structure adjoining the said public road,

and shall be so erected or fixed and the text shall be so painted, inscribed or printed that the notice shall be capable of being read by persons using the said public road.

(2) Where a notice erected or fixed on any land or structure for the purposes of article 14 is not erected or fixed in such position as to be readily visible from the aforesaid main entrance, the position of the notice shall be indicated on a plan accompanying the relevant planning application.

(3) A notice published on the land to which the application for permission or approval relates shall be headed "APPLICATION TO PLANNING AUTHORITY" and shall state the name of the applicant and the nature and extent of the development in respect of which it is intended to apply for a permission or an approval.

(4) A notice published on a structure to which an application for permission or an approval relates shall be headed "APPLICATION TO PLANNING AUTHORITY" and shall state the name of the applicant, the nature of the proposed development, and in the case of an application for a permission for retention of a structure, the nature of the proposed use of the structure and the period of the proposed retention.

Planning applications generally.

17. A planning application shall be accompanied by—

(a) particulars of the interest held in the land or structure by the applicant, the name and address of the applicant, and

(b) a copy of a newspaper circulating in the area in which the land or structure is situate in which there has been published a notice in pursuance of article 15, or

(c) a copy of the notice erected or fixed on the land or structure in pursuance of article 16.

Applications for permission.

18. (1) A planning application for any development consisting of or mainly consisting of the carrying out of works on, in or under land or for the retention of a structure shall, in addition to the matters prescribed in article 17, be accompanied by such plans (including a site or layout plan and drawings of floor plans, elevations and sections) and such other particulars as are necessary to identify the land and to describe the works or structure to which the application relates.

(2) A planning application for any development consisting of or mainly consisting of the making of any material change in the use of any structure or other land or the continuance of any use of any structure or other land (whether instituted without a permission granted under the Acts or in accordance with a permission so granted for a limited period only) shall, in addition to the matters prescribed in article 17, be accompanied by—

(a) a statement of the existing use and the use proposed or, where appropriate, of the former use and the use proposed to be continued, together with particulars of the nature and extent of any such proposed use,

(b) (i) a plan or location map marked or coloured so as to identify the structure or other land to which the application relates, or

(ii) where the development to which the application relates comprises the carrying out of works on, in or under the structure or other land—such plans (including a site or layout plan and drawings of floor plans, elevations and sections) and such other particulars as are necessary to identify the structure or other land to which the application relates and to describe the works proposed.

Outline applications, etc.

19. (1) An outline application, notwithstanding the provisions of article 18, may, in addition to the matters prescribed in article 17, be accompanied only by such plans and particulars as are necessary to identify the land to which the application relates and to enable the planning authority to determine the siting, layout or other proposals for development in respect of which a decision is sought.

(2) An application to a planning authority for an approval consequent on an outline permission shall be accompanied by such further particulars and plans as would be required under the provisions of article 18 if application for a permission were made under that article.

(3) An application for an approval consequent on an outline permission may be related to a specified part only of the development for which an outline permission was granted and separate applications may be made in respect of other parts of the said development from time to time.

(4) An application for an approval which is required to be obtained under a condition subject to which a permission or an approval is granted under the Acts shall be accompanied by such plans as are necessary to describe the works or structure in respect of which the approval is sought.

(5) An outline permission shall not operate so as to authorise the carrying out of any development until—

(a) an approval has been granted consequent on an application in accordance with sub-article (2), or

(b) as respects a specified part of the development for which an outline permission was granted, an approval has been granted for such specified part consequent on an application in accordance with sub-article (2), or

(c) a further approval has been granted in any case where the terms of an approval consequent on an application in accordance with sub-article (2), or the terms of a permission granted consequent on an application in accordance with article 18, require such further approval to be obtained.

Plans, drawings and maps.

20. Plans, drawings and maps accompanying a planning application shall be in duplicate and shall comply with the following requirements—

(a) buildings, roads, boundaries, and other features in the vicinity of the structure or other land to which the application relates shall be shown on site plans or layout plans,

(b) drawings of elevations of any proposed structure shall show the main features of any buildings which would be contiguous to the proposed structure if it were erected,

(c) plans and drawings of elevations and sections shall be drawn to scale, which shall be indicated thereon, and shall indicate in figures the principal dimensions (including overall height) of any proposed structure and the distances of any such structure from the boundaries of the site,

(d) the north point shall be indicated on all maps and plans other than drawings of elevations and sections,

(e) plans relating to works comprising reconstruction, alteration or extension of a structure shall be so marked or coloured as to distinguish between the existing structure and the works proposed,

(f) plans and drawings shall indicate the name and address of the person by whom they were prepared.

Applications not complying with article 18.

21. Where a planning authority receive an application for a permission which does not comply with article 18 and is not expressed to be an outline application they may—

(a) by notice in writing require the applicant or the person acting on his behalf to submit such further plans and particulars as are necessary for the purpose of an outline application, or

(b) grant an outline permission if the application appears to them sufficient for that purpose only, or

(c) refuse a permission if it appears to them that there are adequate reasons for such decision, or

(d) grant a permission.

Procedure on receipt of application.

22. On receipt of a planning application, a planning authority shall—

(a) stamp the documents with the date of their receipt, and

(b) send to the applicant or the person acting on his behalf an acknowledgement stating the date of receipt of the application.

Further notice.

23. Where—

(a) a period of more than two weeks has elapsed between the publication in a newspaper of a notice in accordance with article 15 and the making of the relevant planning application, or

(b) it appears to the planning authority that any notice published in pursuance of article 14—

(i) if published in a newspaper, does not comply with the provisions of article 15, or

(ii) if erected or fixed on any land or structure, does not comply with the provisions of article 16, or

(iii) in either case, because of its content or for any other reason, is misleading or inadequate for the information of the public, or

(c) it appears to the planning authority that a notice published on the land or structure has not been maintained in position for at least one month after the making of the relevant application or has been defaced or become illegible within such period,

the planning authority may require the applicant to publish such further notice in such manner, whether in a newspaper or otherwise, in such terms as they may specify and to submit to them such evidence as they may specify in relation to compliance with any such requirement.

Planning authority notice.

24. Notice of every planning application and of the date of its receipt shall be published by a planning authority by inclusion in a weekly list of which copies—

(a) shall be made available to the members of the authority in such manner as they may by resolution direct,

(b) shall be displayed in or at the offices of the planning authority for a period of not less than four weeks in a position convenient for public inspection during normal office hours, and

(c) where the planning authority by resolution so decide, may be displayed for public inspection in any other place which the planning authority considers appropriate or published in a newspaper circulating in the district, or made available to any body, group or person likely to be interested.

Notice to certain bodies.

25. Where a planning authority receive a planning application, they to shall send notice of the nature of the application and of the date of receipt of the application—

(a) where it appears to the planning authority that the land or structure is situate in an area of special amenity, whether or not an order in respect of that area has been made under section 42 of the Act of 1963, or that the development or retention of the structure would obstruct any view or prospect of special amenity value or special interest—to An Chomhairle Ealaíon, Bord Fáilte Éireann and An Taisce—the National Trust for Ireland,

(b) where it appears to the planning authority that the development would obstruct or detract from the value of any tourist amenity works—to Bord Fáilte Éireann,

(c) where it appears to the planning authority that the development would be unduly close to any cave, site, feature or other object of archaeological, geological or historical interest, or would detract from the appearance of any building of artistic, architectural or historical interest, or, in either case, would obstruct any scheme for improvement of the surroundings of or any means of access to any such place, object or structure—to An Chomhairle Ealaíon, Bord Fáilte Éireann, the National Monuments Advisory Council and An Taisce—the National Trust for Ireland,

(d) where it appears to the planning authority that the development would obstruct or detract from the value of any existing or proposed development by a local authority—to such local authority,

(e) where it appears to the planning authority that if permission were granted, a condition should be attached under section 26 (2) (f) of the Act of 1963—to any local authority (other than the planning authority) which would be affected under section 26 (7) of that Act.

Further information.

26. (1) Where a planning authority receive a planning application they may by notice in writing, require the applicant to do any one or more of the following—

(a) to submit such further particulars, plans, drawings or maps as may be necessary to comply with these Regulations or as they may require;

(b) to provide not more than two additional copies of any plan, drawing or map submitted;

(c) to submit any further information relative to the application (including any information as to any estate or interest in or right over land);

(d) to produce any evidence which they may reasonably require to verify any particulars or information given by the applicant in or in relation to the application.

(2) A planning authority shall not require an applicant who has complied with a requirement under sub-article (1) to submit any further particulars, plans, drawings or information save as may be reasonably necessary to clarify the matters dealt with in the applicant's response to the said requirement or to enable them to be considered or assessed.

(3) Where an applicant fails or refuses to comply with any requirement under this article within one month of such requirement, the planning authority may, if they think fit, determine the application in the absence of the particulars, plans, drawings, maps, information or evidence specified in the requirement.

Revised plans, etc.

27. Where a planning authority, having considered a planning application, are disposed to grant a permission or an approval subject to any modification of the development to which the application relates, they may invite the applicant to submit to them revised plans or other drawings modifying, or other particulars providing for the modification of, the said development and, in case such plans, drawings or particulars are submitted, may decide to grant a permission or an approval for the relevant development as modified by all or any such plans, drawings or particulars.

Environmental study.

28. (1) An application to a planning authority for a permission for any development to which this article applies shall, notwithstanding the provisions of article 18 or, in the case of an outline application, article 19, be accompanied by two copies of a written study of what, if any, effect the proposed development, if carried out, would have on the environment relative to the place where the development is to take place.

(2) Where a planning authority receive an application for a permission for a development which in their opinion is a development to which this article applies and the application is not accompanied by a written study as required by sub-article (1), they may, in addition to their powers under article 26, require the applicant to submit such written study.

(3) This article applies to any development—

(a) for the purposes of any trade or industry (including mining) comprising any works, apparatus or plant used for any process which would result in the emission of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit or the discharge of any liquid or other effluent (whether treated or untreated) either with or without particles of matter in suspension therein, and

(b) the cost of which, including all fixed assets as defined in section 2 of the Industrial Development Act, 1969 (No. 32 of 1969), may reasonably be expected to be five million pounds or more.

Inspection of documents.

29. (1) Where a planning application is received by a planning authority, the following shall, during the specified period, be available for public inspection during office hours at the offices of the planning authority—

(a) the application and any plans, drawings, maps and particulars accompanying it,

(b) any further particulars, plans, drawings or maps submitted by the applicant in relation to the application, and

(c) a copy of any written study submitted in pursuance of article 28.

(2) The specified period for the purposes of this article shall be—

(a) from the time of receipt of the relevant document until the application or any appeal relating thereto is determined, and

(b) where any permission or approval is granted, a further period of five years, and

(c) where any extension is granted pursuant to section 29 (9) of the Act of 1976, the period of any such extension,

(d) where application is made under section 29 of the Act of 1976 for a waiver notice, until such application or any appeal relating thereto is determined.

Notice in certain cases.

30. Form No. 1 set out in the Second Schedule shall be the prescribed form of the notice of the intention of a planning authority to consider deciding to grant a permission in a case where the development concerned would materially contravene the development plan or any special amenity area order.

Notification of decision on application.

31. Every notification given by a planning authority of a decision on a planning application shall specify—

(a) the reference number relating to the application in the register of the planning authority,

(b) the nature of the decision,

(c) the development or retention or continuance to which the decision relates,

(d) the date of the decision,

(e) in the case of a decision to grant any permission or approval for the construction, erection or making of a structure and to specify the purposes for which the structure may or may not be used—such purposes,

(f) in the case of a decision to grant any permission or approval— any conditions attached thereto,

(g) in the case of any decision to refuse permission or approval or to grant permission or approval subject to conditions— the reasons for such refusal or for the imposition of the conditions,

(h) in the case of a decision to grant any permission or approval —that the permission or approval (as may be appropriate) shall be issued on the expiration of the period for the making of an appeal if there is then no appeal before the Board, and

(i) that an appeal against the decision may be made to the Board by the applicant within one month from the date of receipt by the applicant of the notification or by any other person within twenty-one days of the date of the decision.

Additional notice in certain cases.

32. (1) Where a planning authority have given notice of a planning application to a body in pursuance of article 25, the authority shall notify the body of the decision of the authority in respect of the application within seven days of the making of such decision.

(2) Where any person or body (not being a body to which sub-article (1) relates) has submitted representations or objections in writing to a planning authority in relation to a planning application, the planning authority shall, within seven days of making a decision on the application, notify such person or body of the said decision or publish notice thereof in a newspaper circulating in the district.

Form of notification of grant of permission or approval.

33. Form No. 2 set out in the Second Schedule, or a form substantially to the like effect, shall be the form of every notification by a planning authority of a grant of permission or an approval.

Provision of forms and instructions.

34. (1) A planning authority may provide forms and instructions for the convenience or information of any persons intending to make a planning application.

(2) The Minister may prepare and publish model forms for the use and guidance of planning authorities in dealing with planning applications.

PART V APPEALS AND REFERENCES TO THE BOARD

Definitions for Part V.

35. (1) In this Part—

"appeal" means an appeal to the Board under the Acts or any order made under the Acts;

"reference" means a reference under section 5 of the Act of 1963;

"oral hearing" means an oral hearing of an appeal or of a reference.

(2) In this Part, a party to an appeal means—

(a) the appellant,

(b) the planning authority against whose decision an appeal is made,

(c) the applicant for any permission, approval, licence or waiver notice in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

(d) any person served or issued by a planning authority with a notice or order, or copy thereof, under section 30, 33, 36, 37, 44, 45 or 48 of the Act of 1963 or section 25 of the Act of 1976, in relation to which an appeal is made by another person.

(3) In this Part, a party to a reference means—

(a) the person making the reference,

(b) the planning authority for the area in which the land or structure to which the particular reference relates is situated,

(c) any other person with whom the question to which the particular reference relates has arisen.

(4) In this Part, "planning application" has the same meaning as in Part IV.

Form and content of appeal.

36. An appeal shall—

(a) be made in writing,

(b) state the subject matter of the appeal,

(c) state the grounds of appeal, and

(d) be accompanied by a deposit of £10 as required by section 15 of the Act of 1976.

Form and content of reference.

37. A reference shall—

(a) be made in writing,

(b) state the question that has arisen, and

(c) state the name and address of the person with whom the question has arisen.

Copy of appeal or reference to other parties.

38. On receipt of an appeal or reference from a person, the Board shall give a copy thereof to each other party to the appeal or reference.

Documents, information, etc.

39. (1) Where a decision of a planning authority on a planning application has given rise to an appeal to the Board, the planning authority shall submit to the Board the application and any drawings, maps, particulars, information, evidence or written study received or obtained by them from the applicant, together with such other documents or information in their possession or procurement as the Board may require.

(2) A party to an appeal (other than a planning authority) or to a reference shall give to the Board any document or information in his possession or procurement which the Board consider necessary for the purpose of determining the appeal or reference.

(3) Where a person neglects or refuses to give to the Board any such document or information within such period as may at any time be specified by the Board, the Board may determine the appeal or reference without the document or information.

(4) A copy of any document relevant to an appeal or reference which is given to the Board by any party shall be given by the Board to each party not already possessed of a copy of such document, or shall be made available for inspection at the offices of the Board or at the offices of the planning authority or at such other convenient place as the Board may specify and each party not already possessed of a copy of the document shall be informed that it is so available for inspection.

Observations on appeal or reference.

40. A person to whom a copy of an appeal or reference has been given under article 38 may, within such period as may at any time be specified by the Board, make in writing to the Board such observations on the appeal or reference as he thinks fit and a copy of such observations shall be given by the Board to each other party to the appeal or reference or, where a number of persons have made the appeal or reference jointly, to any one of such persons.

Notice of appeal or reference.

41. The Board may require any party to an appeal or reference to give such public notice in relation thereto as the Board may specify and, in particular, may require such notice to be given by publication in a newspaper circulating in the district in which is situate the land or structure to which the appeal or reference is related.

Revised plans, etc.

42. The Board may, when considering an appeal under section 26 or 27 of the Act of 1963, invite the applicant for any permission or approval in relation to which the appeal is made to submit to the Board, in duplicate, revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the appeal relates and an applicant so invited may submit such plans or drawings to the Board.

Powers of Board in relation to appeals.

43. (1) The Board shall have the same powers under these Regulations in relation to an appeal arising out of a decision on a planning application as are conferred by these Regulations on a planning authority in relation to such application.

(2) The Board may arrange for the carrying out of inspections in relation to appeals or references by persons appointed for that purpose by the Board either generally or for a particular appeal or reference or for appeals or references of a particular class (including appeals or references relating to land in the area of a particular planning authority).

Oral hearings.

44. (1) A party to an appeal or reference may request an oral hearing of the appeal or reference and any such request shall be made in writing to the Board.

(2) A request for an oral hearing may be withdrawn at any time.

(3) Where the Board decide, or is directed by the Minister, to hold an oral hearing, the Board shall inform each of the parties to the appeal or reference and shall give each party not less than seven days notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all the parties to the appeal or reference.

(4) The Board may, at any time before the opening of an oral hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Board shall give each party not less than seven days notice of the new time and place or such shorter notice as may be accepted by all the parties to the appeal or reference.

(5) Where the parties to an appeal or reference have been informed that an oral hearing is to be held and where, following the withdrawal of a request for an oral hearing, or a decision by the Board, the appeal or reference falls to be determined without an oral hearing, the Board shall give notice accordingly to the parties and shall not determine the appeal or reference until seven days after the date of the giving of the notice or such longer period as the Board may specify in the notice.

(6) An oral hearing shall be conducted by the Board or by a person appointed for that purpose by the Board generally or for a particular appeal or reference or for appeals or references of a particular class (including appeals or references relating to land in the area of a particular planning authority).

Procedure at oral hearing.

45. The Board or other person conducting an oral hearing shall have discretion as to the conduct of the hearing and in particular shall—

(a) conduct the hearing without undue formality,

(b) decide the order of appearance of the parties,

(c) permit any party to appear in person or to be represented by another person, and

(d) hear, if they think fit, any person who is not a party to the appeal or reference.

Adjournment or re-opening of oral hearing.

46. (1) Subject to sub-articles (2) and (3), the Board or other person conducting an oral hearing may adjourn or re-open any hearing or, notwithstanding that any party has failed to attend a hearing, proceed with the hearing.

(2) Notice of the time and place of the re-opening of an oral hearing or resumption of an oral hearing that has been adjourned indefinitely shall be given by the Board to each of the parties to the appeal or reference not less than seven days before the said time unless all such parties accept shorter notice.

(3) Unless the Board consider it expedient to do so and so direct, an oral hearing shall not be re-opened after the report thereon has been submitted to the Board.

Replacement of person appointed to conduct oral hearing.

47. If, for any reason, the person appointed is unable or fails to conduct, or to complete the conduct of, an oral hearing or, for any reason, is unable or fails to furnish a report on an oral hearing to the Board, the Board may appoint another person to conduct the oral hearing or to conduct a new oral hearing.

Notification by Board of decision on appeal.

48. Every notification given by the Board of a decision on an appeal relating to a planning application shall specify—

(a) the reference number relating to the relevant application in the register of the planning authority,

(b) the nature of the decision,

(c) the development or retention or continuance to which the decision relates,

(d) the date of the decision,

(e) in the case of a decision to grant any permission or approval for the construction, erection or making of a structure and to specify the purposes for which the structure may or may not be used—such purposes,

(f) in the case of a decision to grant any permission or approval— any conditions attached thereto, and

shall state or be accompanied by a statement of the reasons for the decision (including, in the case of any decision to grant permission or approval subject to conditions, the reasons for the imposition of the conditions).

PART VI COMPENSATION

Claim for compensation.

49. (1) Every claim for compensation under Part VI of the Act of 1963 shall be made to the planning authority in writing and shall include—

(a) a statement of the matter in respect of which compensation is claimed and of the amount of such compensation,

(b) a statement of the name and address of the claimant and of the interest held by him in the land to which the claim relates, and

(c) a statement of the names and addresses of all other persons (so far as they are known to the claimant) having an interest in the land to which the claim relates, or, where the claimant does not know of any such persons, a statement to that effect.

(2) Where a planning authority receive a claim for compensation under Part VI of the Act of 1963 which fails to comply with any requirement of sub-article (1), the authority may, and if the failure relates to the requirements of paragraph (c) of that article shall, require the claimant to comply with such requirement and the planning authority may defer consideration of the claim until he has complied with such requirement.

Notice of claim.

50. (1) Within one month of the receipt by a planning authority of a claim for compensation under the Act of 1963, or within one month of compliance with a requirement under article 49 (2), the planning authority shall give notice to every person, other than the claimant, appearing to them to have an interest in the land to which the claim relates.

(2) Every such notice shall state the name and address of the claimant, the matter in respect of which the claim is made, the land to which the claim relates and the date after which a further claim for compensation in relation to such matter cannot be made or can be made only where the time for making such a claim is extended by the Circuit Court.

(3) Where more than one claim for compensation under the Act of 1963 in respect of the same matter has been received by a planning authority, the provisions of sub-article (1) shall not apply in respect of such persons as are claimants or have already been given notice of a claim in respect of that matter under that sub-article.

Provision of certain evidence and information.

51. Where a claim for compensation under the Act of 1963 is made the planning authority may require the claimant to provide evidence in support of his claim and information as to his interest in the land to which the claim relates and may defer consideration of the claim until he has complied with such requirement.

Applications under sections 58 and 61 of Act of 1963.

52. Where an application is made to the Minister under section 58 or section 61 of the Act of 1963 for an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of section 56 (1) or section 57 of the Act of 1963—

(a) the applicant shall submit to the Minister a statement of his interest in the land to which the application relates and of the reasons why in the particular circumstances such an order should be made,

(b) the planning authority shall send to the Minister such documents and information relevant to the application and in their possession or procurement as the Minister may require, and

(c) the applicant shall send to the Minister such documents and information relevant to the application and in his possession or procurement as the Minister may require.

PART VII LICENSING UNDER SECTION 89 OF THE ACT OF 1963

Definition for Part VII.

53. In this Part—

"specified appliance or structure" means an appliance or structure referred to in section 89 (1) of the Act of 1963 and includes an appliance or structure specified in article 54.

Appliances and structures suitable for being licensed.

54. The following appliances and structures are hereby specified as suitable for being licensed under section 89 of the Act of 1963—

(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 movable 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.

Fees for licences under section 89 of Act of 1963.

55. (1) Where a licence under section 89 of the Act of 1963 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 Fourth Schedule, the amount of the fee to be paid to the planning authority shall, subject to the provisions of article 56, be—

(i) where the licence is for a period of one year, the appropriate amount indicated in the second column of that Schedule opposite the reference in the first column of the 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 tenth of the fee for one year for each month or part of a month for which the licence is granted, or one pound, whichever is the greater.

(2) Where a licence under section 89 of the Act of 1963 is granted by a planning authority to erect, construct, place and maintain a specified appliance or structure referred to in Part III of the Fourth Schedule, the amount of the fee to be paid to the planning authority shall be the amount indicated in the second column of that Schedule and no fee shall be payable in respect of any renewal of a licence to maintain such an appliance or structure.

Additional fees for advertising use.

56. 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 55 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.

Disposal of licence fees.

57. (1) Licence fees received by planning authorities in respect of the specified appliances and structures referred to in Part I of the Fourth Schedule shall be lodged 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 Fourth Schedule 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.

PART VIII EXTINGUISHMENT OF PUBLIC RIGHTS OF WAY

Definitions for Part VIII.

58. (1) In this Part, "section 76 hearing" means an oral hearing held pursuant to section 76 of the Act of 1963.

(2) In this Part, "party", in relation to a section 76 hearing, means—

(a) any person who made an objection to the relevant order made by a planning authority for the extinguishment of a public right of way, and

(b) the planning authority who made the order.

Notice of order.

59. (1) Where an order is made by a planning authority under section 76 of the Act of 1963 for the extinguishment of any public right of way, they shall, not less than three weeks before submitting the order to the Minister for approval—

(a) publish in one or more newspapers circulating in their area a notice in the form set out in Form No. 3 of the Second Schedule, describing the public right of way to which the order relates and naming a place where a copy of the order and a map indicating the public right of way may be inspected during office hours, and

(b) affix a copy of such notice in a prominent position at each end of the public right of way to which the order relates.

(2) Every notice affixed in accordance with this article shall be kept exhibited in such position for a period of not less than three weeks.

(3) A copy of the order and a map indicating the public right of way described in the order shall be kept available for inspection in accordance with the terms of the published notice.

Section 76 hearing.

60. (1) Where a section 76 hearing is to be held, the Minister shall so inform each of the parties and give each party not less than seven days notice of the time and place of the opening of the hearing or such shorter notice as may be accepted by all the parties.

(2) The Minister may, at any time before the opening of a section 76 hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Minister shall give each party not less than seven days notice of the new time or place or such shorter notice as may be accepted by all the parties.

(3) Where the parties have been informed that such a hearing is to be held and where the objection or all of the objections which caused the hearing to be arranged are withdrawn, the Minister shall give notice accordingly to the parties and shall not approve the relevant order under section 76 of the Act of 1963 until seven days after the giving of the notice.

(4) A section 76 hearing shall be conducted by a person appointed for the purpose by the Minister generally or for a particular hearing.

Procedure at section 76 hearing.

61. At a section 76 hearing, the person conducting the hearing shall have discretion as to the conduct of the hearing and in particular shall—

(a) conduct the hearing without undue formality,

(b) decide the order of appearance of the parties and any witnesses,

(c) permit any party to appear in person or to be represented by another person, and

(d) hear, if he thinks fit, any person who is not a party to the hearing.

Adjournment or re-opening of section 76 hearing.

62. (1) Subject to sub-articles (2) and (3), a person conducting a section 76 hearing may adjourn or re-open any hearing or, notwithstanding that any party to the hearing has failed to attend the hearing, proceed with the hearing.

(2) Notice of the time and place of the re-opening of a section 76 hearing or resumption of such a hearing that has been adjourned indefinitely shall be given by the Minister not less than seven days before the said time unless all the parties accept shorter notice.

(3) Unless the Minister otherwise directs, a section 76 hearing shall not be re-opened after the report thereon has been submitted to the Minister.

Replacement of person appointed.

63. If, for any reason, the person appointed is unable or fails to conduct, or to complete the conduct of, a section 76 hearing or, for any reason, is unable or fails to furnish a report on such a hearing to the Minister, the Minister may appoint another person to conduct the hearing or to conduct a new hearing.

PART IX MISCELLANEOUS

Prescribed authorities for purposes of section 46 of Act of 1963.

64. The prescribed authorities for the purposes of section 46 of the Act of 1963 (being the authorities which must be consulted by a planning authority before they make an order under that section) shall be—

(a) the Minister for Fisheries,

(b) the Royal Irish Academy,

(c) Bord Fáilte Éireann, and

(d) An Taisce—the National Trust for Ireland.

Public authorities.

65. Each of the following bodies is hereby declared to be a public authority for the purposes of section 5 of the Act of 1976—

(a) An Chomhairle Ealaíon,

(b) Bord Fáilte Éireann,

(c) The National Monuments Advisory Council,

(d) The Industrial Development Authority,

(e) Gaeltarra Éireann,

(f) The Shannon Free Airport Development Company Limited,

(g) Córas Iompar Éireann, and

(h) The Electricity Supply Board.

Vesting order.

66. Form No. 4 set out in the Second Schedule, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a planning authority in exercise of the powers conferred on them by section 25 (5) of the Act of 1976.

Waiver notices.

67. (1) An application to a planning authority for a waiver notice under section 29 of the Act of 1976 shall be made in duplicate and shall state the date and reference number in the register of the relevant permission, the condition in respect of which the waiver notice is sought, particulars of the waiver sought and the interest of the applicant in the land to which the said permission relates.

(2) The prescribed fee payable by an applicant for a waiver notice shall be £10 and each application to a planning authority for a waiver notice shall be accompanied by the prescribed fee.

(3) A planning authority, on receipt of an application for a waiver notice, shall publish notice of the application—

(a) in a newspaper circulating in the district in which the relevant land or structure is situate, and

(b) by inclusion in the weekly list required under article 24.

(4) An application for a waiver notice together with any plans or drawings accompanying it shall be available for public inspection during office hours at the offices of the planning authority until the application or any appeal in relation thereto is determined.

(5) Particulars of a waiver notice issued by a planning authority or by the Board and any confirmation or annulment of a waiver notice by the Board shall be entered in the register.

Fees for development certificate.

68. The prescribed fee for the issue of a development certificate within the meaning of section 29 of the Act of 1976 shall be £10.

Persons to whom section 32 of the Act of 1976 applies.

69. (1) The following classes, descriptions and grades of employees of the Board and other persons are hereby prescribed for the purposes of section 32 of the Act of 1976—

(a) every employee of the Board, other than an employee the qualifications for whose employment are not wholly or in part professional or technical and the maximum remuneration for whose employment is less than the maximum remuneration for the office of Executive Officer in the Civil Service, and

(b) every officer of the Minister who, pursuant to arrangements made under section 21 (3) of the Act of 1976, is engaged wholly or mainly in duties relating to appeals, contributions, questions or disputes which fall to be determined by the Board or in duties relating to the functions of the Board under section 29 of the Act of 1963, but excluding the holder of any office the qualifications for which are not wholly or in part professional or technical and the maximum remuneration for which is less than the maximum remuneration for the office of Executive Officer, and

(c) every other person employed by the Minister in a part-time capacity and remunerated by the payment of fees who, pursuant to arrangements made under section 21 (3) of the Act of 1976, is engaged in duties relating to appeals, contributions, questions or disputes which fall to be determined by the Board or in duties relating to the functions of the Board under section 29 of the Act of 1963.

(2) The following classes, descriptions and grades of offices under a planning authority are hereby prescribed for the purposes of section 32 of the Act of 1976—

(a) the offices of County Manager, City Manager and Town Clerk, Dublin City Manager and Town Clerk and Dublin County Manager, Assistant County Manager, Assistant City and County Manager (Dublin), Assistant City Manager (Cork), County Secretary and Town Clerk;

(b) the offices of County Engineer, City Engineer, Borough Engineer and Town Engineer;

(c) the offices of Planning Officer, Deputy Planning Officer, Senior Planning Assistant, Planning Assistant Grade I, Development Control Assistant Grade I, Planning Assistant Grade II, Chief Planning Assistant, Chief Assistant County Engineer (Planning) and Planning Assistant; and

(d) any other office under a planning authority the holder of which is assigned duties which relate to the performance of any functions of a planning authority under the Acts.

Form of declaration under section 32 of the Act of 1976.

70. (1) Form No. 5 as set out in the Second Schedule shall be the prescribed form of a declaration to be given to the Board under section 32 of the Act of 1976.

(2) Form No. 6 as set out in the Second Schedule shall be the prescribed form of a declaration to be given to a planning authority under section 32 of the Act of 1976.

Article 4

FIRST SCHEDULE

Regulations Revoked

Number and Year Title
216 of 1964 Local Government (Planning and Development) Act, 1963 ,

(Appeals and References) Regulations, 1964.

217 of 1964 Local Government (Planning and Development) Act, 1963 ,
(Compensation) Regulations, 1964.
219 of 1964

Local Government (Planning and Development) Act, 1963 ,

(Miscellaneous) Regulations, 1964.
221 of 1964

Local Government (Planning and Development) Act, 1963 ,

(Permission) Regulations, 1964.
76 of 1965

Local Government (Planning and Development) Act, 1963 ,

(Licensing) Regulations, 1965.
172 of 1966

Local Government (Planning and Development) Act, 1963 ,

(Miscellaneous and Licensing) Regulations, 1966.
154 of 1967

Local Government (Planning and Development) Act, 1963 ,

(Copies of Development Plans) Regulations, 1967.
176 of 1967

Local Government (Planning and Development) Act, 1963 ,

(Exempted Development) Regulations, 1967.
230 of 1967

Local Government (Planning and Development) Act, 1963 ,

(Miscellaneous) (Amendment) Regulations, 1967.
210 of 1968

Local Government (Planning and Development) Act, 1963 ,

(Licensing) (Amendment) Regulations, 1968.
260 of 1968

Local Government (Planning and Development) Act, 1963 ,

(Exempted Development) (Amendment) Regulations, 1968.
219 of 1976

Local Government (Planning and Development) Act, 1963 ,

(Exempted Development) (Amendment) Regulations, 1976.
226 of 1976 Local Government (Planning and Development) Act, 1976 ,

(Section 25) Regulations, 1976.

SECOND SCHEDULE

FORM NO. 1 Article 30
Notice of proposed material contravention of development plan or special amenity area order.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 AND 1976.
MATERIAL CONTRAVENTION

1si065y77p0034.gif

OF DEVELOPMENT PLAN FOR ............................................................ ..........................................
OF ......................................... SPECIAL AMENITY AREA ORDER MADE ON
............................................................ ............................................................ ...........................................
Ref. No. in register ..........................
Notice is hereby given pursuant to section 26 (3) of the Local Government (Planning and Development) Act, 1963 , as amended by section 39 (d) of the Local Government (Planning and Development) Act, 1976 , that2 ............................................................ ............................................................ ............................................................ .................
intend to consider deciding to grant a permission for 3 ............................................................ .........................................
............................................................ ............................................................ ............................................................ .................
at4 ............................................................ ............................................................ ............................................................ ..........

Such

{ development }1

would contravene

materially the

{

development plan

special amenity area order

}1
retention
referred to above. Particulars of the development proposed may be inspected at 5
............................................................ ............................................................ ............................................................ ..................
during office hours. Any objections or representations received not later than 21 days
after the 6......................................... day of ............................................................ ........................
will be duly considered by the planning authority.
Signed ...............................................
County Secretary/Town Clerk 1
Date ..........................................

Directions for completing this form.

1. Delete words which do not apply.

2. Insert name of planning authority.

3. Indicate nature of development.

4. Indicate location of land or structure.

5. Insert name and address of office of planning authority.

6. Insert date of first publication of notice.

FORM NO. 2 Article 33
Notification of a grant of a permission, an outline permission or an approval.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 AND 1976.
Reference No. in Register ............................................
Name of Planning Authority ........................................
To ............................................................ ............................................................ ............................................................ ....
Address ............................................................ ............................................................ .....................................................

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

............................................................ ............................................................ .....................................................
Application by or on behalf of ............................................................ ............................................................ ...............
of (address) ............................................................ .............. on (date) ............................................................ ...............
for

for

{ a permission }1
an outline permission for............................................................ ....................................
an approval
............................................................ ................ 2at ............................................................ ..............................................
............................................................ ............................................................ ............................................................ ........
{ A permission }1
An outline permission has been granted for the.......................................................4
An approval
described above (for use as ............................................................ ............................................................ ............................................................ ......)5
subject to the following condition(s)—............................................................ ............................................................ ......................................
............................................................ ............................................................ ............................................................ ..........
............................................................ ............................................................ ............................................................ ..........
............................................................ ............................................................ ............................................................ ..........
............................................................ ............................................................ ............................................................ ..........
The outline permission is subject to further approval being obtained prior to the commencement of any part of the development. 6
Dated this ........................................ day of ................................................. 19........................
Signed ...........................................................
County Secretary/Town Clerk 1

____________________________

Directions for completing this form.

1. Delete words which do not apply.

2. Indicate nature of development.

3. Indicate location of land or structure.

4. Insert "development", "retention", "change of use" or "continuance of use".

5. Delete if not required.

6. This clause should be deleted except where outline permission is being granted.

FORM NO. 3 Article 59
Notice of order extinguishing a public right of way.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 AND 1976.
EXTINGUISHMENT OF PUBLIC RIGHT OF WAY.
Notice is hereby given that the ............................................................ .........................................................1
in pursuance of section 76 of the Local Government (Planning and Development) Act, 1963 , have made an order, which will be submitted to the Minister for Local Government for his approval, ordering that the public right of way described in the Schedule hereto shall be extinguished as from the date of the approval of the said order by the said Minister.
A copy of the said order and a map indicating the public right of way have been deposited at ............................................................ ............................................................ ......................................................2
and may be inspected there during office hours.
Any objection to the said order should be made in writing addressed to the Minister for Local Government, Custom House, Dublin 1. The Acts provide that if there is an objection to the order and the objection is not withdrawn, the Minister shall cause an oral hearing to be held and shall afford the person making the objection an opportunity of being heard.
SCHEDULE

Description of public right of way 3

Dated this ........................................... day of ............................................... 19 ........................
(Signature)......................................................
County Secretary/Town Clerk.

____________________________

Directions for completing this form.

1. Insert name of planning authority.

2. Insert reference to the place where a copy of the order and map are available for inspection.

3. Insert such description as will be sufficient to identify the public right of way to which the order relates.

FORM NO. 4 Article 66
Form of Vesting Order.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976 —SECTION 25.
............................................................ ............................................................ .... (name of planning authority).
VESTING ORDER

WHEREAS development si065y77p0037a.gif 1 carried out pursuant to a permission granted

on............................................ under section 26 of the Local Government (Planning and Development) Act, 1963 (Reference No. in Register
............................................................ ............................................................ ........................................);

2 si065y77p0037b.gif

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;

AND WHEREAS it was si065y77p0037c.gif1 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 ............................, 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 within ten days of the date of publication of the said notice;

2 si065y77p0037d.gif

AND WHEREAS no appeal has been taken under section 25 (3) of the Act;
AND WHEREAS an appeal has been taken under section 25 (3) of the Act and the appeal has been withdrawn;
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 ............................................................ ............................................................ ..............4
and sealed with the 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

Description of land 6

The official seal of the planning authority was affixed hereto this ............................................................ ...
day of ........................................... , 19.................................., in the presence of:
............................................................ ................. 7 ............................................................ ... 7
............................................................ .................. 7

____________________

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.

FORM NO. 5 Article 70
Declaration to An Bord Pleanála of estate or interest.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976 — SECTION 32.
I,............................................................ ................, hereby give to An Bord Pleanála
the following declaration of interests in compliance with the requirements of section 32 of the Local Government (Planning and Development) Act, 1976 :—

(a) Particulars* of any estate or interest which I have in any land:—

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

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

(b) Particulars of any business of dealing in or developing land in which I am engaged or employed and of any such business carried on by a company or other body of which I, or any nominee of mine, is a member:—

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

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

(c) Particulars of any profession, business or occupation in which I am engaged, whether on my own behalf or otherwise, and which relates to dealing in or developing land:—

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

............................................................ ............................................................ ............................................................ .......
I hereby declare that the foregoing is a true and complete declaration of every interest of mine which is an interest to which section 32 of the Local Government (Planning and Development) Act, 1976 , applies.
Signature ............................................................ ..
Date ..............................................
*Including the area of the planning authority in which the land is situate.

.

FORM NO. 6 Article 70
Declaration to a planning authority of estate or interest.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976 — SECTION 32.
I,............................................................ ....................., hereby give to the planning authority
{

of which I am a member

under which I hold the office of..........................

} *
the following declaration of interests in compliance with the requirements of section 32 of the Local Government (Planning and Development) Act, 1976 :—

(a) Particulars of any estate or interest which I have in land situated in the area of the planning authority:—

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

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

(b) Particulars of any business of dealing in or developing land in which I am engaged or employed and of any such business carried on by a company or other body of which I, or any nominee of mine, is a member:—

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

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

(c) Particulars of any profession, business or occupation in which I am engaged, whether on my own behalf or otherwise, and which relates to dealing in or developing land:—

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

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

I hereby declare that the foregoing is a true and complete declaration of every interest of mine which is an interest to which section 32 of the Local Government (Planning and Development) Act, 1976 , applies.
Signature ............................................................ ....
Date......................................................
*Delete words which do not apply.

THIRD SCHEDULE

PART I

EXEMPTED DEVELOPMENT—GENERAL

Column 1

Description of Development

Column 2

Conditions

Development within the curtilage of a dwellinghouse
CLASS 1

Any works for the provision of an extension to the rear of a dwellinghouse or the conversion for use as part of a dwellinghouse of any garage, store, shed or other similar structure attached to the rear or to the side of the dwellinghouse, where the height of any structural addition does not exceed that of the dwellinghouse and the original floor area of the dwellinghouse is not increased by more than 18 square metres.

CLASS 2

The provision, as part of a central heating system of a dwellinghouse, of a chimney, boiler house or oil storage tank having a capacity not exceeding 3,500 litres.

CLASS 3

The erection, construction or placing within the curtilage of a dwellinghouse of any tent, awning, shade or other object, greenhouse, garage, shed or other similar structure.

1. The height above ground level of any such structure shall not exceed, in the case of a building with a tiled or slated ridged roof, 4 metres or any other case, 3 metres.

2. The structure shall not be used for human habitation or for the keeping of pigs or poultry or for any other purpose other than a purpose incidental to the enjoyment of the dwellinghouse as such.

CLASS 4

The erection of a wireless or television aerial on the roof of a dwellinghouse.

The height of the aerial above the roof shall not exceed 6 metres.

CLASS 5

The erection, construction or alteration within or bounding the curtilage of a dwellinghouse of a gate, railing, wooden fence or of a wall constructed of brick, stone, split blocks or other blocks with decorative finish but not of other concrete blocks or of mass concrete.

1. The height above ground level of any such structure shall not exceed 2 metres or, in the case of a wall or fence within or bounding any garden or other space in front of a dwellinghouse, 1·2 metres.

2. Every wall shall be capped.

CLASS 6

The construction of any path, drain or pond or the carrying out of any landscaping works within the curtilage of a dwellinghouse.

The level of the ground shall not be altered by more than 1 metre above or below the level of the adjoining ground.

Sundry minor works
CLASS 7

The erection, construction, renewal or replacement of any gate or gateway not exceeding 2 metres in height above ground level.

CLASS 8

The plastering of any wall of concrete blocks or mass concrete and the construction, lowering, repair or replacement of—

1. The height of any such structure shall not exceed 1·2 metres above ground level or the height of the structure being repaired or replaced, whichever is the greater and in any event shall not exceed 2 metres above ground level.

(i) any fence (not being a hoarding or sheet metal fence), or

(ii) any wall (not being an unplastered wall of concrete blocks or mass concrete bounding a public road),

2. Every such wall bounding a public road (other than a dry-stone wall) shall be capped.

(iii) a wall constructed of split blocks or other blocks of decorative finish.

CLASS 9

Any alteration consisting of the replastering or painting of any external part of any building or other structure.

CLASS 10

The repair or improvement of any private street, road or way, being works carried out on land within the boundary of the street, road or way, and the construction of any private footpath or paving not exceeding 3 metres in width.

Change of use
CLASS 11
Development consisting of a change of use—

(a) from use as a general or special industrial building to use as a light industrial building,

(b) from use as a special industrial building to use as a general industrial building,

(c) from use as a fried fish shop, a shop for the sale of hot food for consumption off the premises, a shop for the sale of pet animals or birds, or a shop for the sale or display for sale of motor vehicles, to use as any other type of shop,

(d) from use as a public house to use as a shop for any purpose other than the exceptions specified in Class 1 of Part IV of this Schedule.

Temporary structures and uses
CLASS 12

Occasional use for social or recreational purposes of any school, hall, club, art gallery, museum, library, reading room, gymnasium or any structure normally used for public worship or religious instruction.

CLASS 13

The erection, construction or placing on land on, in, or under which or on land adjoining which developments consisting of works (other than mining) is being or is about to be carried out in pursuance of a permission granted under Part IV of the Act of 1963 or as exempted development, of structures, works, plant or machinery needed temporarily in connection with that development during the period in which it is being carried out.

Such structures, works, plant or machinery shall be removed at the expiration of the period and the land shall be forthwith reinstated save to such extent as may be authorised or required by a permission under the Act of 1963.

CLASS 14

The placing or maintenance on a public road of any movable appliance licensed under section 89 of the Act of 1963.

CLASS 15

The use of premises as offices in connection with presidential, Dáil or local elections or referenda or election for the Assembly of the European Communities.

The use shall be discontinued after a period not exceeding 30 days.

CLASS 16

The keeping or storing of not more than one caravan or boat within the curtilage of a dwellinghouse.

1. The caravan or boat shall not be used for the storage, display, advertisement or sale of goods or for the purposes of any business.

2. No caravan shall be kept or stored for more than nine months in any year or occupied as a dwelling while so kept or stored.

Development for industrial purposes
CLASS 17

Development of the following descriptions, carried out by an industrial undertaker on land occupied and used by such undertaker for the carrying on and for the purposes of any industrial process, or on land used as a dock, harbour or quay for the purposes of any industrial undertaking, provided that such development does not materially alter the external appearance of the premises of the undertaking—

(i) the provision, rearrangement, replacement, or maintenance of private ways or private railways, sidings or conveyors,

(ii) the provision, rearrangement or maintenance of sewers, mains, pipes, cables or other apparatus,

(iii) the installation or erection by way of addition or replacement of plant or machinery, or structures of the nature of plant or machinery, not exceeding 15 metres in height or the height of the plant, machinery or structure so replaced, whichever is the greater.

CLASS 18

Storage within the curtilage of an industrial building of raw materials, products, packing materials or fuel, or the deposit of waste, so as not to be visible from any public road contiguous or adjacent to the curtilage.

Development by statutory undertakers
CLASS 19

The carrying out by any railway undertaking of development required in connection with the movement of traffic by rail in, on, over or under the operational land of the undertaking except—

(i) the construction or erection of any railway station or bridge, or of any residential structure, office, or structure to be used for manufacturing or repairing work, which is not situate wholly within the interior of a railway station, and

(ii) the reconstruction or alteration of any of the aforementioned structures so as materially to affect the design or external appearance thereof.

CLASS 20

The carrying out by any harbour authority of development being—

(i) works authorised by a harbour works order in pursuance of section 134 of the Harbours Act, 1946 , which consist of the construction, reconstruction, extension or removal of docks, graving docks, quays, wharves, jetties, piers, embankments, breakwaters, roads, viaducts, tramways, railways, aerodromes, (but not the construction and erection of sheds, transit sheds, transhipment sheds, silos, stores and other structures or the reconstruction or alteration of such excepted structures so as materially to affect the design or external appearance thereof), or

(ii) the cleaning, scouring, deepening, improving or dredging of their harbour or the approaches thereto or the removal of any obstruction within the limits of their harbour, and the use of land for the disposal of dredged material in accordance with an objective in the development plan for the area in which the land is situated.

CLASS 21

The carrying out—

(a) pursuant to and in accordance with a consent given by the Minister for Transport and Power under section 8 of the Gas Act, 1976 (No. 30 of 1976) by the Irish Gas Board of development consisting of the construction of underground pipelines for the transmission of gas (but not the construction or erection of any apparatus, equipment or other thing ancillary to such a pipeline save cathodic protection equipment and marker posts), or

(b) in accordance with requirements of the Minister for Transport and Power under section 40 of the Gas Act, 1976 , of development consisting of the construction of an underground pipeline for the transmission of gas (but not the construction or erection of any apparatus, equipment or other thing ancillary to such a pipeline save cathodic protection equipment and marker posts), or

(c) by any gas undertaking (other than the Irish Gas Board) of development consisting of the laying underground of mains, pipes, cables or other apparatus for the purposes of the undertaking.

CLASS 22

The carrying out by any electricity undertaking of development consisting of the laying underground of mains, pipes, cables, or other apparatus for the purposes of the undertaking.

CLASS 23

The carrying out by any electricity undertaking of development consisting of construction of overhead transmission or distribution lines for conducting electricity at a voltage not exceeding 10 KV.

CLASS 24

The carrying out by any electricity undertaking of development for the purposes of the undertaking consisting of the erection or construction of an overhead transmission line not more than 40 metres from a position in respect of which permission for such line was granted and which otherwise complies with such permission, but not a line in respect of which a condition attached to the relevant permission imposed a contrary requirement.

CLASS 25

The carrying out by any electricity undertaking of development consisting of the erection or construction of a 10 KV unit substation having a bulk of less than 8 cubic metres above ground level.

Development for amenity or recreational purposes

CLASS 26

Development consisting of the laying out and use of land—

(a) as a park, private open space or ornamental garden,

(b) as a roadside shrine,

(c) as a golf course or pitch-and-putt course, incorporating parking space for not less than 24 cars,

(d) for athletics or sports where no charge is made for admission of the public to the land.

CLASS 27

The construction of a swimming pool (other than a covered swimming pool) in accordance with plans approved by a sanitary authority for the purposes of making a contribution under section 55 of the Local Government Act, 1955 .

Miscellaneous
CLASS 28

Development consisting of the use of land for the placing or maintenance of tents, vans or other temporary or movable structures or objects in connection with any fair or any local event of a religious, cultural, political, recreational or sporting character.

1. The land shall not be used for any such purposes either continuously for a period exceeding 15 days or occasionally for periods exceeding in aggregate 30 days in any year.

2. On the discontinuance of such use the land shall be forthwith reinstated save to such extent as may be authorised by a permission granted under Part IV of the Act of 1963.

CLASS 29

The erection, placing or keeping on land of any lighthouse, beacon, buoy or other aid to navigation on water or in the air.

CLASS 30
The use of land as a burial ground and works incidental to the use or maintenance of any burial ground, churchyard, monument, fairgreen, market, schoolyard or showground except—

(a) the erection or construction of any wall, fence or gate bounding or abutting on a public road,

(b) the erection or construction of any building other than a stall or store which is wholly enclosed within a market building, or

(c) the reconstruction or alteration of any building other than a stall or store which is wholly enclosed within a market building.

CLASS 31

Works consisting of or incidental to—

(a) the clearance of a derelict site in accordance with any offer accepted or requirement made by any local authority in pursuance of section 2 or 3 of the Derelict Sites Act, 1961 ,

(b) the carrying out of any works on land which are in accordance with and necessary for compliance with the terms of any licence granted under section 34 of the Local Government (Sanitary Services) Act, 1948 , but not including the erection of any building, hut or chalet or the construction of any road or hard-standing,

(c) the removal of any structure or object or the carrying out of any works required by a planning authority under the provisions of any enactment.

CLASS 32

The excavation for the purposes of research or discovery of sites, features and other objects of archaeological, geological or historical interest the preservation of which is not an objective of any development plan.

CLASS 33

The sinking of a well, drilling of a borehole, erection of a pump, or construction of a pumphouse, or other works necessary for the purpose of providing a domestic water supply or providing a group water scheme in accordance with a plan or proposal approved by the Minister for the purpose of making a grant towards the cost of such works.

CLASS 34

Any drilling or excavation for the purpose of surveying land or examining the depth and nature of the subsoil.

CLASS 35

The connection of any premises to a communal television system, sewer, watermain, gas main or electricity supply line or cable, including the breaking open of any street or other land for that purpose.

CLASS 36

The demolition of a building or other structure.

PART II

EXEMPTED DEVELOPMENT—ADVERTISEMENTS

Column 1

Description of Development

Column 2

Conditions

CLASS 1

Advertisements for the purposes of announcement or direction or warning exhibited by a statutory undertaker in relation to the operation of their statutory undertaking.

CLASS 2

Advertisements for the purposes of identification, direction or warning with respect to the land or structures on which they are exhibited.

No such advertisement shall exceed 0·3 square metres in area.

CLASS 3

Advertisements, exhibited at the entrance to any premises, relating to any person, partnership or company separately carrying on a public service or a profession, business or trade at the premises.

1. No such advertisement shall exceed 0·3 square metres in area.

2. Not more than one such advertisement, in respect of each such person, partnership or company shall be exhibited on the premises or, in the case of premises with entrances on different road frontages, one such advertisement at one entrance on each road frontage.

CLASS 4

Advertisements relating to any institution of a religious, educational, cultural, recreational or medical or similar character, any hotel, inn or public house, block of flats, club, boarding house or hostel, situated on the land on which any such advertisement is exhibited.

1. No such advertisement shall exceed 0·6 square metres in area.

2. Not more than one such advertisement shall be exhibited in respect of each such premises or, in the case of premises with entrances on different road frontages, one such advertisement on each such frontage.

CLASS 5

Advertisements exhibited on or affixed to any external face of any hotel building wholly with reference to all or any of the following matters: the business or other activity carried on and the services provided in the hotel.

1. No such advertisement shall project more than 1 metre from the face of the building to which it is affixed.

2. Where any such advertisement projects more than 5 centimetres over any public road, the advertisement shall be not less than 2 metres over the level of such road.

CLASS 6

Advertisements relating to the sale or letting of any structure or other land (not being an advertisement structure) on which they are exhibited.

1. No such advertisement shall exceed 0·6 square metres in area.

2. No such advertisement shall be exhibited for more than seven days after the sale or letting to which the advertisement relates.

3. No advertisement structure on which such advertisement is exhibited shall remain on the structure or other land for more than seven days after the sale or letting to which the advertisement relates.

CLASS 7

Advertisements relating to the sale on or before a date specified therein of goods or livestock, and exhibited on land where such goods or livestock are situated or where such sale is held, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of holding sales of goods or livestock.

1. No such advertisement shall exceed 0·6 square metres in area.

2. No such advertisement shall be exhibited for more than seven days after the date specified.

CLASS 8

Advertisements relating to the carrying out of building or similar works on the land on which they are exhibited, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of carrying out such works.

1. Where only one advertisement is exhibited, such advertisement shall not exceed 3·5 square metres in area or exceed a height of 6 metres above ground level.

2. Where more than one advertisement is exhibited, no such advertisement shall exceed 0·6 square metres in area or a height of 4 metres above ground level and the total area of such advertisements shall not exceed 2 square metres.

CLASS 9

Advertisements other than advertisements specified in class 17 of this Part of this Schedule announcing any local event of a religious, educational, cultural, political, social or recreational character, and advertisements relating to any temporary matter in connection with any local event of such a character, not in either case being an event promoted or carried on for commercial purposes.

1. No such advertisement shall exceed 1·2 square metres in area.

2. No such advertisement shall be exhibited more than 2·5 metres above ground level or be glued or pasted to any structure other than an advertisement structure.

3. No such advertisement shall be exhibited for more than seven days after the conclusion of the event or matter to which it relates.

CLASS 10

Advertisements relating to any demonstration of agricultural methods or processes on the land on which the advertisements are exhibited.

1. No such advertisement shall exceed 0·6 square metres in area.

2. No such advertisement shall be exhibited for more than seven days after the date of the demonstration to which it relates.

CLASS 11

Advertisements (other than advertisements specified in class 12 of this Part of this Schedule) which are exhibited within a structure and to which there is access from inside the structure.

CLASS 12

Internally illuminated advertisements exhibited as part of any shop or other window display on business premises and advertisements affixed to the glass surface of a window of a business premises or exhibited through a window of such premises and not less than 15 centimetres from such window.

The total area of any advertisements exhibited shall not exceed one quarter of the area of the window through which the advertisements are exhibited.

CLASS 13

Advertisements (other than those specified in classes 3, 4, 11 and 12 of this Part of this Schedule) exhibited on business premises, wholly with reference to all or any of the following matters: the business or other activity carried on and the goods or services provided on those premises.

1. No part of any such advertisement shall be more than 2·5 metres in height above ground level or, where such advertisement is exhibited on or attached or affixed to any building, 4 metres in height above ground level.

2. No such advertisement shall contain or consist of any symbol, emblem, model or device exceeding 0·6 metres in height or any letter exceeding 0·3 metres in height.

3. Where such advertisement projects more than 5 centimetres over any public road, the advertisement shall not be less than 2 metres over the level of such road nor project more than 1 metre over such road.

4. The total area of such advertisements which are not exhibited on or attached or affixed to any building shall not exceed 3 square metres of which not more than 1·5 square metres shall consist of advertisements which are internally illuminated.

5. The total area of such advertisements exhibited on or attached or affixed to the front of any building shall not exceed an area equal to 0·3 square metres for every metre length of such front less the total area of any such advertisements exhibited on the premises but not exhibited on or attached or affixed to the building.

6. The total area of such advertisements exhibited on or attached or affixed to any face of a building other than the front thereof shall not exceed 1·2 square metres and the total area of any such advertisements on such face which are internally illuminated shall not exceed 0·3 square metres.

7. Where any such advertisement consists of a circular sign and projects more than 5 centimetres over any public road, the diameter of such sign shall not exceed 1 metre and no other such advertisement shall be exhibited on a sign projecting more than 5 centimetres over the public road.

8. Where any one or more such advertisements are exhibited on a swinging or fixed sign or other advertisement structure (other than a circular sign) projecting more than 5 centimetres from any external face of any structure, the total area of such advertisements shall not exceed 1·2 square metres and the area of any face of such advertisement structure shall not exceed 0·4 square metres.

9. No such advertisement shall cover any part of any window in any building on which the advertisement is exhibited or to which it is attached or affixed.

CLASS 14

An advertisement in the form of a flag which is attached to a single flagstaff fixed in an upright position on the roof of a business premises, and which bears no inscription or emblem other than the name or device of a person occupying the building.

CLASS 15

Any advertisement relating to a presidential, Dáil or local election or referendum or to an election for the Assembly of the European Communities.

No such advertisement shall be exhibited for more than seven days after the date of the election or referendum to which it relates.

CLASS 16

Advertisements required to be exhibited by or under any enactment, including (but without prejudice to the generality hereof) advertisements the exhibition of which is so required as a condition of the valid exercise of any power, or proper performance of any function, given or imposed by such enactment, or for compliance with any procedure prescribed by or under any enactment.

CLASS 17

Advertisements consisting of placards, posters or bills relating to the visit of any travelling circus, funfair, carnival, show, cinema, musicians, players or other travelling entertainment.

1. No such advertisement shall exceed 1·2 square metres in area.

2. No such advertisement shall be exhibited more than 2·5 metres above ground level or be glued or pasted to any structure other than an advertisement structure.

3. No such advertisement shall be exhibited more than seven days after the visit or performance to which it relates.

CLASS 18

Any advertisement exhibited on land wholly or for the most part enclosed within a hedge, fence, wall or similar screen or structure (not being land which is a public park, public garden or other land held for the use and enjoyment of the public, or a part of a railway undertaking's enclosed land normally used for the carriage of passengers by rail) and not readily visible from land outside the enclosure wherein it is exhibited.

CLASS 19

Any advertisement exhibited within a railway station.

PART III

EXEMPTED DEVELOPMENT — RURAL

Column 1

Description of Development

Column 2

Conditions

Limited use for camping
CLASS 1

Temporary use of any land for the placing of any tent or caravan or for the mooring of any boat, barge or other vessel used for the purpose of camping.

1. Not more than one tent or caravan shall be placed within 100 metres of another tent or caravan at any time.

2. No tent, caravan, or vessel shall remain on the land for a greater period than 10 days.

3. No tent, caravan or vessel shall be used for the storage, display, advertisement or sale of goods or for the purposes of any business.

4. No tent or caravan shall be placed on land within 50 metres of any public road unless the land is enclosed by a wall, bank or hedge, or any combination thereof, having an average height of not less than 1·5 metres.

CLASS 2

Temporary use of land by a scouting organisation for a summer camp.

The land shall not be used for such purposes for any period or periods exceeding 30 days in any year.

Minor works and structures
CLASS 3

Works relating to the construction or maintenance of any gully, drain, pond, trough, pit or culvert, the widening or deepening of watercourses, the removal of obstructions from watercourses and the making or repairing of embankments.

CLASS 4

The erection of any stand or ramp for loading or unloading vehicles (excluding the erection of a ramp on a public road and any stand which projects over any paved or metalled part of a public road).

1. The height of the stand or ramp shall not exceed 1·2 metres above ground level.

2. A stand within 50 metres of a road junction shall not be situated over or adjoining a public road.

CLASS 5

The erection of any wall or fence other than a fence of sheet metal or a wall or fence within or bounding any garden or other space in front of a dwellinghouse.

The height of the wall or fence shall not exceed 2 metres above ground level.

Mining
CLASS 6

The use of land for the purpose of the winning and working of minerals, the carrying out of works incidental thereto (other than opencast mining or surface working or the deposit of refuse or waste materials) and, in the case of land other than land situate in an area to which a special amenity area order relates, the erection or placing of structures on the land for such specific purpose.

1. No such structure shall remain on the land for a period exceeding twelve months.

2. On the discontinuance of the use of the land, or any part thereof, all structures and materials shall be removed therefrom and the surface of the land shall be forthwith reinstated or, where reinstatement is not practicable, such excavation shall be effectively fenced or otherwise protected and, in the case of land in an area to which a special amenity area order relates, a hedge, bushes or trees shall be planted so as to screen the excavation.

Agricultural buildings
CLASS 7

Works consisting of the provision, on land not less than 10 metres from any public road the metalled part of which at the nearest point is more than 4 metres in width, of a roofed structure for the housing of pigs, cattle, sheep or poultry, having a floor area not exceeding 400 square metres (whether or not by extension of an existing structure) and any ancillary provision for effluent storage.

1. No such structure shall be used for any purpose other than the purpose of agriculture.

2. No such structure for the housing of pigs or poultry shall be situated within 100 metres of any dwelling- house save with the consent of the owner and occupier thereof.

3. No such structure within 100 metres of any public road shall exceed 7 metres in height above ground level.

4. No effluent from such structure shall be stored within 100 metres of any dwellinghouse save with the consent of the owner and occupier thereof.

CLASS 8

Works consisting of the provision, on land not less than 10 metres from any public road the metalled part of which at the nearest point is more than 4 metres in width, of roofless cubicles, open loose yards, self feed silo or silage areas, feeding aprons, assembly yards, milking parlours, sheep dipping units or structures for the making or storage of silage, having an aggregate floor area not exceeding 400 square metres, and any ancillary provision for effluent storage.

1. No such structure shall be used for any purpose other than the purpose of agriculture.

2. No such structure for the housing of pigs or poultry, or for the making, storage or feeding of silage shall be situated within 100 metres of any dwellinghouse save with the consent of the owner and occupier thereof.

3. No such structure within 100 metres of any public road shall exceed 7 metres in height above ground level.

4. No effluent from such structure shall be stored within 100 metres of any dwellinghouse save with the consent of the owner and occupier thereof.

CLASS 9

The construction, extension, alteration or replacement, on land not less than 10 metres from any public road the metalled part of which at the nearest point is more than 4 metres in width, of any store, barn, shed, glasshouse or other agricultural building not being of a type specified in Class 7 or 8 of this Part of this Schedule.

1. No such structure shall be used for any purpose other than the purpose of agriculture or forestry.

2. No such structure within 100 metres of any public road shall exceed 7 metres in height above ground level.

PART IV

CLASSES OF USE

CLASS 1—Use as a shop for any purpose except as—

(a) a fried fish shop or a shop for the sale of hot food for consumption off the premises,

(b) a shop for the sale of pet animals or birds,

(c) a shop for the sale or display for sale of motor vehicles other than bicycles.

CLASS 2—Use as an office for any purpose.

CLASS 3—Use as a light industrial building for any purpose.

CLASS 4—Use as a general industrial building for any purpose,

CLASS 5—Use for any work which is registrable under the Alkali, etc. Works Regulation Act, 1906 except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine; use for any of the following processes, except as aforesaid, so far as not registrable under the above Act:—

(a) smelting, calcining, sintering or reduction of ores, minerals, concentrates or matter,

(b) converting, reheating, annealing, hardening, melting, carburising, forging or casting of iron or other metals or alloys,

(c) recovering of metal from scrap or drosses or ashes,

(d) galvinising,

(e) pickling or treatment of metal in acid,

(f) chromium plating.

CLASS 6—Use for any of the following processes so far as not included in class 5 of this Part of this Schedule and except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine—

(a) burning of building bricks,

(b) lime burning,

(c) production of calcium carbide or zinc oxide,

(d) foaming, crushing or screening of stone or slag.

CLASS 7—Use for any of the following purposes so far as not included in class 5 of this Part of this Schedule—

(a) the production or employment of cyanogen or its compounds,

(b) the manufacture of glass, where the sodium sulphate used exceeds 1·5 per cent of the total weight of the melt,

(c) the production of zinc chloride.

CLASS 8—Use for any of the following purposes so far as not included in class 5 of this Part of this Schedule—

The distilling, refining or blending of oils, the production or employment of cellulose lacquers (except their employment in garages in connection with minor repairs), hot pitch or bitumen or pyridine; the stoving of enamelled ware; the production of amyl acetate, aromatic esters, butyric acid, caramel, hexamine, iodoform, B-naphthol, resin products (except synthetic resins, plastic moulding or extrusion compositions and plastic sheets, rods, tubes, filaments, fibres or optical components produced by casting, calendering, moulding, shaping or extrusion), salicylic acid or sulphonated organic compounds; paint and varnish manufacture (excluding mixing, milling and grinding); the production of rubber from scrap; or the manufacture of acetylene from calcium carbide for sale or for use in a further chemical process.

CLASS 9—Use as a wholesale warehouse or enclosed repository building for any purpose.

CLASS 10—Use as a residential club, a hotel providing sleeping accommodation, a guest house or a hostel.

CLASS 11—Use as a structure for public worship or religious instruction; use of such structure for the social or recreational activities of the religious body using the structure; use as a monastery or convent.

CLASS 12—Use as a residential or boarding school or a residential college.

CLASS 13—Use as a convalescent home, a maternity home, a nursing home, a sanatorium, a hospital, a health centre, a clinic, a creche, a day nursery, a dispensary, or a home or institution for the boarding, care and maintenance of children, old people, incapacitated persons or persons suffering from mental disability.

CLASS 14—Use as an art gallery (not being a business premises), a museum, a public library or reading room, a public hall, an exhibition hall, a social centre, a community centre or a non-residential club, but not as a dance hall, music hall or concert hall.

CLASS 15—Use as a theatre, a cinema, a music hall, a concert hall.

CLASS 16—Use as a skating rink, or a gymnasium, or for indoor games or sports (including boxing, wrestling and bowling).

/ Fourth Schedule


FOURTH SCHEDULE

LICENCE FEES IN RESPECT OF APPLIANCES AND STRUCTURES UNDER SECTION 89 OF THE ACT OF 1963.

1. Appliance or Structure

2. Licence Fee

Where the appliance or structure is in a county borough

Where the appliance or structure is elsewhere than in a county borough

Part I

Appliances and structures for servicing vehicles:

(a) A petrol or oil pump (including any delivery hose, air pipe, waterpipe or other attachment).

£20 £10

(b) A movable pump or other appliance for dispensing any oil or oil derivative or mixture thereof.

£10 £5

(c) A delivery pipe or hose attached to a petrol or oil pump which is not on a public road.

£10 £5

(d) A petrol, oil or other storage tank (whether sub-divided or not) together with any associated manhole, inlet, outlet or pipe for connection with a pump,

£2 for each 5,000 litres capacity or part thereof £1 for each 5,000 litres capacity or part thereof

(e) A pipe or an appliance with a pipe attachment for dispensing air or water not being a pipe or appliance attached to a petrol or oil pump for which a fee is prescribed under paragraph (a) above.

£2 £1

Part II

Other appliances and structures:

(a) A vending machine or other coin-operated machine (not being a weighing machine) which is on a public road.

£20

(b) An appliance of any type referred to in Part I of this Schedule which is not used for servicing vehicles.

£10

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

£10

(d) An advertisement consisting of any symbol, emblem, model or device which is on a public road.

£10

(e) An advertisement structure which is on a public road.

£10

(f) A hoarding, fence or scaffold (not being a hoarding, fence or scaffold bounding a public road).

£10

(g) A town or landscape map on a public road.

£2

(h) A weighing machine on a public road.

£2

(i) A cable, wire or pipeline (not being a cable for conducting electricity for domestic or agricultural purposes or a drain or waterpipe).

£5 per 800 metres length or part thereof.

Part III

Other structures:

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

£10

(b) A cellar or other underground structure constructed on or after the appointed day.

£10

(c) A lamp-post.

£5

(d) A cable for conducting electricity for domestic or agricultural purposes.

£5

GIVEN under the Official Seal of the Minister for Local Government this 3rd day of March, 1977.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE

The Regulations revoke all existing Regulations made under the Local Government (Planning and Development) Act, 1963 , and make provision for the matters dealt with in the revoked Regulations, having regard to the changes and additional matters required to be the subject of Regulations under the Local Government (Planning and Development) Act, 1976 .

The provisions of the Regulations relate to development plans, exempted development, permissions, outline permissions and approvals, appeals and references to An Bord Pleanála, including oral hearings, compensation under the Acts, licensing under section 89 of the Act of 1963, the extinguishment of public rights of way and other miscellaneous matters under the Acts.

The Regulations prescribe the classes of employees of An Bord Pleanála and of planning authorities who are required to make declarations of interest under section 32 of the Act of 1976 and prescribe the form of such declarations. The Regulations come into operation on the 15th March, 1977.