Local Government (Planning and Development) Act, 1999

Amendment of sections 21 and 21A of Principal Act.

34.—The Principal Act is hereby amended as follows:

(a) in section 21(1) by the substitution of the following for paragraph (c) (inserted by section 43(1)(g) of the Act of 1976):

“(c) where the draft includes any provision relating to any addition to or deletion from the record of protected structures, they shall—

(i) serve notice of the preparation of the draft on the owner and on the occupier of the proposed protected structure or the protected structure, as the case may be, and

(ii) incorporate in the notice particulars of the provision, including whether the addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands,”;

(b) in section 21(2) by the insertion of the following paragraphs:

“(bb) that if any objections or representations are made within the said period to the planning authority with respect to a proposed addition to or deletion from the record of protected structures and if the addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward a copy of them to that Minister for that Minister's observations, and

(bbb) that when objections or representations are considered under paragraph (b) of this subsection, any observations received from the Minister for Arts, Heritage, Gaeltacht and the Islands within one month after the receipt by that Minister of the objections or representations will also be taken into consideration, (and any such observations shall be taken into consideration accordingly), and”;

(c) in section 21A(3) (inserted by section 37 of the Act of 1976) by the substitution in paragraph (b) of “accordingly), and” for “accordingly).” and by the addition of the following paragraphs:

“(c) if any written representations are made within the said period with respect to a proposed addition to or deletion from the record of protected structures and if the addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward a copy of the representations to that Minister for that Minister's observations, and

(d) that when representations are considered under paragraph (b) of this subsection, any observations received from the Minister for Arts, Heritage, Gaeltacht and the Islands within one month after the receipt by that Minister of the representations will also be taken into consideration (and any such observations shall be taken into consideration accordingly).”;

(d) in section 21A(4) (inserted by section 37 of the Act of 1976) by the substitution of the following for paragraph (a):

“(4) (a) Where the proposed amendment includes any provision to add to or delete from the record of protected structures, the planning authority shall, in addition to complying with the requirements of subsection (2) of this section, serve a copy of the notice incorporating particulars of the provision on the owner and on the occupier of the proposed protected structure or the protected structure, as the case may be.”.