Local Government (Planning and Development) Act, 1999

Procedure for making additions or deletions.

6.—(1) A planning authority which proposes, at any time other than in the course of reviewing its development plan under Part III of the Principal Act, to make an addition to or a deletion from its record of protected structures shall—

(a) serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion, including the particulars,

(b) send particulars of the proposed addition or deletion to the Minister for Arts, Heritage, Gaeltacht and the Islands and to any other prescribed bodies, and

(c) cause notice of the proposed addition or deletion to be published in the Iris Oifigiúil and in atleast one newspaper circulating in the area.

(2) A notice under subsection (1) (a) or (c) shall state the following:

(a) that particulars of the proposed addition or deletion may be inspected at a specified place during a specified period of not less than one month;

(b) that, within 14 days from the end of the period for inspection, any person may make written objections or representations with respect to the proposed addition or deletion to the planning authority;

(c) that any person making an objection or representation under paragraph (b) may include in the objection or representation a request to be afforded an opportunity to state his or her case before a person or persons appointed by the planning authority;

(d) whether or not the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands;

(e) that, if the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward to that Minister for his or her observations a copy of any objection or representation made under paragraph (b).

(3) Before making the proposed addition or deletion, the planning authority shall—

(a) consider any written objections or representations received under subsection (2) (b),

(b) comply with any request made under subsection (2) (c), and

(c) have regard to any observations received from the Minister for Arts, Heritage, Gaeltacht and the Islands concerning those objections or representations within one month after the receipt by that Minister of a copy of the objections or representations.

(4) Within 3 months after the end of the period allowed under subsection (2) (a) for inspection, the planning authority shall decide whether or not the proposed addition or delection should be made

(5) Within 14 days after making an addition to or a deletion from the record of protected structures, a planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.