Local Government (Planning and Development) Act, 1990

FOURTH SCHEDULE

Conditions which may be Imposed, on the Granting of Permission to Develop Land, without Compensation

Section 12 .

1. A condition, under section 26 (2) (e) of the Principal Act, requiring the giving of security for satisfactory completion of the proposed development (including maintenance until taken in charge by the local authority concerned of roads, open spaces, car-parks, sewers, watermains or drains).

2. A condition, under section 26 (2) (g) of the Principal Act, requiring a contribution towards expenditure incurred by any local authority in respect of works (including the provision of open spaces) which have facilitated the proposed development.

3. A condition, under section 26 (2) (h) of the Principal Act, requiring a contribution towards expenditure (including expenditure on the acquisition of land) that is proposed to be incurred by any local authority in respect of works facilitating the proposed development.

4. A condition, under section 26 (2) (j) of the Principal Act, requiring the removal of an advertisement structure.

5. Any condition under section 26 (2) (j) of the Principal Act in a case in which the relevant application for permission relates to a temporary structure.

6. Any condition relating to all or any of the following matters—

(a) the size, height, floor area and character of structures;

(b) building lines, site coverage and the space about dwellings and other structures;

(c) the extent of parking places required in, on or under structures of a particular class or size or services or facilities for the parking, loading, unloading or fuelling of vehicles;

(d) the objects which may be affixed to structures;

(e) the purposes for and the manner in which structures may be used or occupied, including, in the case of dwellings, the letting thereof in separate tenements.

7. Any condition relating to the design, colour and materials of structures.

8. Any conditions reserving or allocating specified land for structures of a specified class or classes, or prohibiting or restricting either permanently or temporarily, the erection, construction or making of any particular class or classes of structures on any specified land.

9. Any condition limiting the number of structures of a particular class which may be constructed, erected or made, on, in or under any specified land.

10. Any condition relating to—

(a) the disposition or layout of structures or structures of any specified class (including the reservation of reasonable open space in relation to the number, class and character of structures in any particular development proposal);

(b) the manner in which any land is to be laid out for the purpose of development, including requirements as to road layout, landscaping, planting;

(c) the provision of water supplies, sewers, drains and public lighting;

(d) the provision of service roads and the location and design of means of access to roads;

(e) the provision of facilities for parking, unloading, loading and fuelling of vehicles on any land.

11. Any condition relating to the alteration or removal of unauthorised structures.

12. Any condition relating to the layout of the proposed development, including density, spacing, grouping and orientation of structures in relation to roads, open spaces, and other structures.

13. Any condition relating to the provision and siting of sanitary services and recreational facilities.

14. Any condition reserving, as a public park, public garden or public recreation space, land normally used as such.

15. Any condition relating to the preservation of buildings of artistic, architectural or historical interest.

16. Any condition relating to the preservation of plasterwork, staircases, woodwork or other fixtures or features of artistic, architectural or historical interest and forming part of the interior of structures.

17. Any condition relating to the preservation of caves, sites, features and other objects of archaeological, geological or historical interest.

18. Any condition relating to the preservation of views and prospects and of amenities of places and features of natural beauty or interest.

19. Any condition relating to the preservation and protection of trees, shrubs, plants and flowers.

20. Any condition prohibiting, restricting or controlling, either generally or within a specified distance of the centre line of any specified road, the erection of all or any particular forms of advertisement structure or the exhibition of all or any particular forms of advertisement.

21. Any condition preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any structure, or from the objectionable or neglected condition of any land attached to a structure or abutting on a public road or situate in a residential area.

22. Any condition prohibiting, regulating or controlling the deposit or disposal of waste materials and refuse, the disposal of sewage and the pollution of rivers, lakes, ponds, gullies and the seashore.

23. Any condition for preserving any existing public right of way giving access to seashore, mountain, lakeshore, riverbank, or other place of natural beauty or recreational utility.

24. Any condition relating to a matter in respect of which a requirement could have been imposed under any other Act, or under any order, regulation, rule or bye-law made under any other Act, without liability for compensation.

25. Any condition relating to measures to reduce or prevent the emission or the intrusion of noise or vibration.

26. Any condition prohibiting the demolition of a habitable house.

27. Any condition relating to the filling of land.

28. Any condition in the interest of ensuring the safety of aircraft or the safe and efficient navigation thereof.

29. Any condition determining the sequence in which works shall be carried out or specifying a period within which works shall be completed.

30. Any condition restricting the occupation of any structure included in a development until the completion of other works included in the development or until any other specified condition is complied with or until the planning authority consent to such occupation.