S.I. No. 209/1992 - Local Government (Planning and Development) Regulations, 1992.


S.I. No. 209 of 1992.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1992.

The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), by sections 4 and 78 of that Act as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), by section 25 of that Act as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976) and by the said Regulations, and by section 20 of the Local Government (Planning and Development) Act, 1976 as amended by the said Regulations, hereby makes the following Regulations:—

1 Citation.

1. (1) These Regulations may be cited as the Local Government (Planning and Development) Regulations, 1992.

(2) The collective citation "the Local Government (Planning and Development) Regulations, 1977 to 1992" shall include these Regulations.

2 Amendment of 1990 Regulations.

2. The Local Government (Planning and Development) Regulations, 1990 ( S.I. No. 25 of 1990 ) are hereby amended by:

( a ) the deletion of articles 8 and 25 (2) (b), and

( b ) the insertion after article 33 of the following article—

"33A. (1) This Part shall not apply to development, other than development consisting of any works required for the construction of a new road or the improvement of a road, proposed to be carried out by or on behalf of a local authority outside the functional area of that local authority.

(2) In this article 'functional area' means, in the case of a county council, the county exclusive of any borough or urban district therein.".

3 Certain works to be exempted development.

3. (1) Subject to sub-article (2) of this article, the carrying out of such works as are necessary to secure compliance with the Building Regulations, 1991 ( S.I. No. 306 of 1991 ) shall, in the case of development consisting of the construction of a dwelling or dwellings in respect of which permission under Part IV of the Local Government (Planning and Development) Act, 1963 was granted before the 1st day of June, 1992, be exempted development.

(2) Sub-article (1) of this article shall not apply in the case of development consisting of the construction of a building designed for use as two or more separate dwellings.

GIVEN under the Official Seal of the Minister for the Environment this 23rd day of July, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations amend the Local Government (Planning and Development) Regulations, 1990 in connection with environmental impact assessment for development proposed to be carried out by or on behalf of local authorities. They provide also that the carrying out of works necessary to secure compliance with the Building Regulations, 1991 will be exempted development in the case of certain housing development for which planning permission was granted before 1st June, 1992.