S.I. No. 190/1982 - Circuit Court Rules (No. 4), 1982. (Local Government (Planning & Development) Act, 1976).

S.I. No. 190 of 1982.

CIRCUIT COURT RULES (No. 4), 1982. (LOCAL GOVERNMENT (PLANNING & DEVELOPMENT) ACT, 1976).

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 , and Section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Courts of Justice Act, 1936 , (as applied by Section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and Section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated the 10th day of May, 1982.

I concur in the making of the annexed Rules of Court.

Dated the 18th day of June, 1982.

SEÁN DOHERTY,

Minister for Justice.

S.I. No. 190 of 1982.

CIRCUIT COURT RULES (No. 4), 1982. (LOCAL GOVERNMENT (PLANNING & DEVELOPMENT) ACT, 1976) (No. 20 of 1976).

1. These Rules which may be cited as the Circuit Court Rules Number 4 of 1982 shall come into operation on the 1st day of July, 1982.

2. The Order referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 67

LOCAL GOVERNMENT (PLANNING & DEVELOPMENT) ACT, 1976 (No. 20 of 1976)

Definitions.

1. In this Order "The Act" means the Local Government (Planning & Development) Act, 1976, (Number 20 of 1976), and "Development Certificate" has the meaning assigned to it by Section 29 Sub-Section 7 (b) of the Act.

Forms.

2. All applications by way of an Appeal against the refusing or granting of a Development Certificate under Section 29 Sub-Section 11 of the Act shall be in accordance with Form 1 in the Schedule of Forms hereto and all applications for an Order under Section 29 Sub-Section 13 of the Act shall be in Form 2 in the Schedule, with in each case such modifications thereof as may be appropriate in the circumstances.

Venue.

3. Applications under this Order shall be brought in the County where there is situate either the place in relation to which the Application is being made or the offices of the relevant Planning Authority.

Parties.

4. The relevant Planning Authority shall be named as a respondent to every Application. In addition, in every case where the Applicant is a person other than the person who has applied to the Local Authority for the grant of a Development Certificate, the latter person shall be added as a respondent.

Service.

5. All applications shall be served before filing either in accordance with the provisions of Order 10 of the Circuit Court Rules 1950 (as amended) or Section 7 of the Courts Act, 1964 (as amended). Service of an Application upon a Planning Authority shall be effected by sending the same by prepaid registered post to the office of the Planning Authority, addressed to the County Secretary or Town Clerk thereof, as may be appropriate.

Date of hearing.

6. This Rule shall not apply to Dublin. Every application under Rule 2 of this Order shall state the date of commencement of the Sittings at which it is intended the Application shall be listed for hearing and shall be filed by the Applicant at the Office not later than 21 days before the commencement of such sittings.

Date of hearing (Dublin).

7. This Rule shall apply only to the Dublin Circuit. Every Application under Rule 2 of this Order shall state the date upon which the Application shall be listed for hearing and shall be filed by the Applicant at the Office not later than 21 days before such date.

Filing.

8. All Applications under Rule 2 of this Order shall be filed within seven days of the service thereof on the Respondent last served. There shall be filed with each such Application a copy of any Development Certificate granted or a copy of any notification of decision to refuse a Development Certificate together with in each case a copy of the relevant Grant of Planning Permission. In default of such filing the Respondent may himself file the same and threopon or at any time thereafter the Judge may make such Order as to him shall seem right.

Signatures to Application.

9. All Applications under Rule 2 of this Order shall be dated and bear the name, address and description of the Applicant and shall be signed by the Applicant's Solicitor, if any, or if none, by himself.

Answer.

10. If any Respondent wishes to dispute wholly or partly the claim of the Applicant, he shall within fourteen days after the service on him of the Notice of Application, serve on the Applicant and any other party an Answer in the form No. 3 in the Schedule of forms hereto or as near thereto as the circumstances admit and such Answer shall be filed at the Office within seven days after the last service thereof.

Particulars.

11. Upon the Application on notice of any party, the Judge may order any other party to deliver further and better particulars of any matters stated in the Application or Answer or to deliver copies of any document referred to therein or to deliver copies of any relevant Development Certificate, Planning Permission or notification of refusal to grant Development Certificate. The costs of any incidental to any such Application shall be in the discretion of the Judge. In case of non-compliance with any such Order the Judge may deal with the matter as to him shall seem right.

Hearing.

12. Save by special leave of the Court all Applications made under Rule 2 of this Order shall be heard on oral evidence.

Service of Order upon Planning Authority.

13. In every case where the Court shall make an Order directing the issuance of a Development Certificate, the County Registrar shall cause to be served upon the relevant Planning Authority a copy of the Order of the Court and the service of such copy Order shall be deemed to be a sufficient communication to the Planning Authority, a sufficient direction to issue the Development Certificate and a sufficient transmission of such Certificate as may be described in the said Order.

FORM NO. 1.

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the above named Applicant of               

      in the County of          hereby applies to the

Court sitting at                           

pursuant to Sub-Section 11 of Section 29 of the above Act by way of Appeal from the decision of (i)

being the Planning Authority for the County/County Borough/City (ii) of

made the (iii)     day of       19

refusing/granting (iv)

(i) insert name of Planning Authority.

(ii) delete as appropriate and insert name of place concerned

(iii) insert the date of the decision appealed against

(iv) delete where appropriate

a Developing Certificate (a copy whereof is annexed hereto) (iv) relating to a Planning Permission granted to

on the    day of    19   for such Order, pursuant to the provisions of Sub-Section 12 of Section 29 of the above Act as the Court shall deem meet and for an Order providing for the costs of this Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:.

1. By Grant of Planning Permission bearing Reference Number made the   day of    19  , was given permission (set out brief description of Planning Permission e.g. to erect ten houses at Blackmeade).

2. The said Grant of Planning Permission expired on the    day of   19 .

3. A dispute has arisen as to whether or not the particular part of the Development was completed before the said date,

or

3. A dispute has arisen as to whether or not a particular part of the development consists of the provision of any structure/works/roads/ services/open spaces (iv) mentioned in Section 29 Sub-Section 2 of the above Act.

4. The Applicant is aggrieved with the said decision in that: (Here specify in full the grounds to be relied upon in the Appeal).

AND TAKE NOTICE that if you intend to dispute the Applicant's Appeal you must file the County Registrar in the Circuit Court Office at       an Answer in the form prescribed by the Rules of the Circuit Court S.I. No. 190 of 1982 .

AND TAKE NOTICE that the said application will be listed for hearing by the Court on the      day of     19    , or on the first available day thereafter (v).

(v) Omit the words "or on the first available day thereafter" where the Application is made in Dublin.

FORM NO. 2.

AN CHÚIRT CHUARDA (THE CIRCUIT COURT)

TAKE NOTICE that the above named Applicant of

      in the County of        hereby applies to the Court sitting at

pursuant to Section 29 Sub-Section 13 of the above Act for such decisions and directions as may be appropriate having regard to the provisions of Sub-Section 12 and Sub-Section 13 of Section 29 of the above Act and for an Order providing for the costs of the application.

AND TAKE NOTICE that the Applicant will rely upon he following matters in support of the Application:

1. By Grant of Planning Permission bearing Reference Number made the   day of   19   was given permission to erect (here insert brief details of Planning Permission granted).

2. The said Grant of Planning Permission expired on the day of    19 . 

3. (i) A dispute has arisen as to whether a particular part of the development was completed before the permission ceased to have effect

or

(i) delete as appropriate

3. (i) A dispute has arisen as to whether a particular part of the development consists of the provision of any structure/works/road/services/open spaces (i) mentioned in Sub-Section 2 of Section 29 of the above Act.

(ii) insert name of Planning Authority

4.      (ii) being the Planning Authority for the County/Couty Borough/City of    (iii) were on or about the    day of   19 , requested by       to issue a Development Certificate to the effect that (here insert brief details of Development Certificate sought).

(iii) delete as appropriate and insert name of place concerned

5. The said Planning Authority has delayed unreasonably in dealing with the said Application for a Development Certificate.

6. The Applicant seeks an Order of this Court determining the following questions, namely:

(Here set out in detail the matters upon which the determination of the Court is sought),

together with such further relief as the Applicant may be entiled to under the provisions of Sub-Section 12 and Sub-Section 13 of Section 29 of the Act.

AND TAKE NOTICE that if you intend to dispute the Applicant's claim you must file with the County Registrar at the Circuit Court Office at        an answer in the form prescribed by the Rules of the Circuit Court S.I. Number 190 of 1982.

AND TAKE NOTICE THAT THE said Application will be listed for hearing by the Court on the    day of    19

or on the first available day thereafter*

* Omit the words "or on the first available day thereafter" where the Application is made in Dublin.

FORM NO. 3.

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the Respondent of

in the County of    disputes the claim in the Application made pursuant to Section 29 Sub-Section 11/Section 29 Sub-Section 13* of the above Act which Application was served on the Respondent on the    day of       19  .

AND TAKE NOTICE that the Respondent relies upon the following matters in disputing the Applicant's said claim:

(Here set out the grounds upon which the Applicant's claim is disputed in numbered paragraphs).

*delete whichever is inappropriate.

To A.B. Applicant or Solicitor for Applicant

Address:

To: The County Registrar, Circuit Court Office

Address:

EXPLANATORY NOTE.

These Rules, which come into operation on 1st July, 1982 are in the form of a new Order (Order 70) to be added to the Circuit Court Rules, 1950, and prescribe the respective procedures and forms for appeals and applications to the Circuit Court under Section 29 of the Local Government (Planning and Development) Act, 1976 .