Local Government (Planning and Development) Act, 1963

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Permission for development.

26.—(1) Where—

(a) application is made to a planning authority in accordance with permission regulations for permission for the development of land or for an approval required by such regulations, and

(b) any requirements relating to the application of or made under such regulations are complied with,

the authority may decide to grant the permission or approval subject to or without conditions or to refuse it; and in dealing with any such application the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the matters referred to in subsection (2) of this section.

(2) Conditions under subsection (1) of this section may, without prejudice to the generality of that subsection, include all or any of the following conditions:

(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant, so far as appears to the planning authority to be expedient for the purposes of or in connection with the development authorised by the permission,

(b) conditions for requiring the carrying out of works (including the provision of car parks) which the planning authority consider are required for the purposes of the development authorised by the permission,

(c) conditions for requiring provision of open spaces,

(d) conditions for requiring the planting of trees, shrubs or other plants or the landscaping of structures or other land,

(e) conditions for 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),

(f) conditions for requiring roads, open spaces, car parks, sewers, watermains or drains in excess of the immediate needs of the proposed development,

(g) conditions for requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land and expenditure consisting of a payment under subsection (7) of this section) that was incurred by any local authority in respect of works (including the provision of open spaces) which have facilitated the proposed development, being works commenced neither earlier than the 1st day of August, 1962, nor earlier than seven years before the grant of permission for the development,

(h) conditions for requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land) that is proposed to be incurred by any local authority in respect of works (including the provision of open spaces) facilitating the proposed development, subject to stipulations providing for—

(i) where the proposed works are, within a specified period, not commenced, the return of the contribution or the instalments thereof paid during that period (as may be appropriate),

(ii) where the proposed works are, within the said period, carried out in part only or in such manner as to facilitate the proposed development to a lesser extent, the return of a proportionate part of the contribution or the instalments thereof paid during that period (as may be appropriate), and

(iii) payment of interest on the contribution or any instalments thereof that have been paid (as may be appropriate) so long as and in so far as it is or they are retained unexpended by the local authority,

(i) conditions for requiring compliance in respect of the land with any rules made by the planning authority under subsection (6) of this section,

(j) conditions for requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land so authorised, at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period.

(3) (a) A planning authority shall not, in a case in which the development concerned would contravene materially the development plan or any special amenity area order relating to their area, decide to grant a permission under this section save with the consent of the Minister.

(b) Where an application is made to the Minister for a consent under this subsection, any person may furnish to the Minister in writing his objections to the grant of the consent, and the Minister shall, before granting the consent, consider any such objections which he receives within twenty-one days after the receipt of the application.

(4) (a) Where—

(i) an application is made to a planning authority in accordance with permission regulations for permission under this section or for an approval required by such regulations,

(ii) any requirements relating to the application of or made under such regulations are complied with, and

(iii) the planning authority do not give notice to the applicant of their decision within the appropriate period,

a decision by the planning authority to grant the permission or approval shall be regarded as having been given on the last day of that period.

(b) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case any notice or notices requiring the applicant to publish any notice, to give further information or to produce evidence in respect of the application has or have been served by the planning authority pursuant to permission regulations within the period of two months beginning on the day of receipt by the planning authority of the application—within the period of two months beginning on the day on which the notice or notices has or have been complied with,

(ii) in case an application is made to the Minister for consent under subsection (3) of this section—within the period of seven days beginning on the day of receipt by the planning authority of notification of the Minister's decision,

(iii) in any other case—within the period of two months beginning on the day of receipt by the planning authority of the application.

(5) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Minister against a decision of a planning authority under this section.

(b) Where an appeal is brought under this subsection from a decision of a planning authority and is not withdrawn, the Minister shall determine the application as if it had been made to him in the first instance and his decision shall operate to annul the decision of the planning authority as from the time when it was given; and the provisions of subsections (1) and (2) of this section shall apply, subject to any necessary modifications, in relation to the determination of an application by the Minister on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(c) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case the appellant is the applicant—the period of one month beginning on the day of receipt by him of the decision,

(ii) in any other case—the period of twenty-one days beginning on the day of the giving of the decision.

(6) A planning authority may make rules for regulating the manner in which advertisement structures are to be affixed to structures or other land.

(7) In a case in which a condition referred to in paragraph (f) of subsection (2) of this section is attached to any permission or approval granted under this section, a contribution towards such of the relevant roads, open spaces, car parks, sewers, watermains or drains as are constructed shall be made by the local authority who will be responsible for their maintenance, and the contribution shall be such as may be agreed upon between that local authority and the person carrying out the works or, in default of agreement, as may be determined by the Minister.

(8) A decision given under this section (whether on the original application or on appeal) by which any permission or approval is refused or is granted subject to conditions, and the notification of such decision, shall comprise a statement specifying the reasons for the refusal or the imposition of the conditions.

(9) (a) Where the planning authority decide under this section to grant a permission or approval—

(i) in case no appeal is taken against the decision, they shall make the grant as soon as may be after the expiration of the period for the taking by the applicant of an appeal or, in a case to which subsection (4) of this section applies, of the period for the taking of an appeal otherwise than by the applicant,

(ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless the appeal or appeals is or are withdrawn and, in that case, they shall make the grant as soon as may be after the withdrawal.

(b) Where the Minister decides on appeal under this section to grant a permission or approval, he shall make the grant as soon as may be after the decision.

(10) (a) Where a permission or approval is granted under this section subject to any one or more of the conditions referred to in paragraphs (e), (g) and (h) of subsection (2) of this section, the permission or approval shall be of no effect and shall be disregarded until the condition or conditions has or have been complied with.

(b) Paragraph (a) of this subsection shall not apply where a condition referred to in paragraph (g) or (h) of subsection (2) of this section requires a contribution by instalments except in respect of development which is the subject of the permission or approval and is carried out after default in paying an instalment of the contribution.

(11) A person shall not be entitled solely by reason of a permission or approval under this section to carry out any development.