Local Government (Planning and Development) Act, 1963

Transitional.

92.—(1) An application for a special permission under the Act of 1934 which was under consideration by a planning authority immediately before the appointed day shall be treated for the purposes of this Act as an application for a permission under section 26 of this Act.

(2) A general or special permission granted under the Act of 1934 shall be treated for the purposes of this Act (including, in particular, sections 30, 31 and 35) as a permission granted under section 26 of this Act, and a record of such permission shall be included in the register.

(3) An appeal under section 59 of the Act of 1934 in relation to a grant or refusal of a special or general permission which was pending immediately before the appointed day shall be treated for the purposes of this Act as an appeal under section 26 of this Act, except that a direction shall not be given in relation to the appeal under paragraph (b) of subsection (1) of section 18 of this Act.

(4) In relation to an order made under section 14 of the Town and Regional Planning (Amendment) Act, 1939 , before the appointed day, that Act and the Act of 1934 shall be treated as continuing in force for the purpose of enabling effect to be given in relation to the order to the provisions contained in the said section 14.

(5) (a) Any bye-laws in force immediately before the operative day under section 41 of the Public Health (Ireland) Act, 1878 , for any matters other than those set out in paragraph (1) of that section shall on and after that day continue to apply in relation to—

(i) plans which, in accordance with such bye-laws, were deposited before the operative day, and

(ii) work carried out in accordance with plans deposited before the operative day, with or without departure or deviation from those plans, and

(iii) works carried out and completed before the operative day.

(b) Except as provided by the foregoing paragraph, all bye-laws in force immediately before the operative day under section 41 of the Public Health (Ireland) Act, 1878 , for any matters other than those set out in paragraph (1) of that section shall be repealed on the operative day, but subsections (1) and (2) of section 21 of the Interpretation Act, 1937 , shall apply in relation to the repeals effected by this paragraph as they apply in relation to the repeal of any provision in an Act of the Oireachtas.

(c) The amendment made by subsection (11) of section 86 of this Act in any enactment shall not apply so as to exclude from that enactment any reference to bye-laws made under section 41 of the Public Health (Ireland) Act, 1878 , as in force before the operative day, or as continued in force by this subsection.

(d) In this subsection “the operative day” means the day on which this subsection comes into operation.

(6) (a) A licence under section 137 of the Cork Improvement Act, 1868, section 47 of the Dublin Corporation Act, 1890, or section 35 of the Local Government Act, 1925 , in force immediately before the appointed day shall be treated for the purposes of this Act as a licence under section 89 of this Act.

(b) An appeal under section 35 of the Local Government Act, 1925 , pending immediately before the appointed day shall be treated for the purposes of this Act as an appeal under section 89 of this Act.

(c) Regulations in force immediately before the appointed day under section 35 of the Local Government Act, 1925 , shall continue in force as if they were regulations under section 89 of this Act and may be amended or revoked accordingly.

(d) Subsection (8) of section 89 of this Act shall not have effect in relation to an appliance or structure referred to in subsection (1) of that section (other than a hoarding, fence or scaffold in the county borough of Dublin or in the county borough of Cork or a petrol pump) before the expiration of the period of six months beginning on the appointed day.