Local Government (Planning and Development) Act, 1976

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Amendment of Part VIII of Principal Act.

42.—Part VIII of the Principal Act is hereby amended by—

(a) the substitution of the following subsections for subsections (1), (2) and (3) of section 82:

“(1) Regulations may provide for any matters of procedure in relation to appeals to the Minister under section 88 of this Act or in relation to any section 76 hearing.

(2) Regulations shall be made under this section providing—

(a) for oral hearing of any such appeal to the Minister in respect of which oral hearing is requested by the appellant,

(b) for any such oral hearing or any section 76 hearing being conducted by a person appointed for that purpose by the Minister.

(3) Where a question of law arises on any reference, appeal or section 76 hearing, the question may be referred to the High Court for decision by it by,

(a) in the case of a reference or appeal, other than an appeal to the Minister under section 88 of this Act, the Board,

(b) in the case of an appeal to the Minister under section 88 of this Act or a section 76 hearing, the Minister.

(3A) A person shall not by prohibition, certiorari or in any other legal proceedings whatsoever question the validity of—

(a) a decision of a planning authority on an application for a permission or approval under Part IV of the Principal Act,

(b) a decision of the Board on any appeal or on any reference,

(c) a decision of the Minister on any appeal,

unless the proceedings are instituted within the period of two months commencing on the date on which the decision is given.”;

(b) the substitution in section 82 of the following subsections for subsection (8):

“(8) Subsections (4) to (7) of this section shall apply, with any necessary modifications, in relation to a person conducting a section 76 hearing.

(9) In subsections (3) to (7) of this section—

‘appeal’, except where the context otherwise requires, means an appeal to the Minister under section 88 of this Act or an appeal to the Board;

‘reference’ means a reference under section 5 of this Act to the Board;

‘section 76 hearing’ means a hearing held pursuant to section 76 of this Act, as amended by section 43 (1) of the Local Government (Planning and (Development) Act, 1976.”;

(c) the substitution in section 83 of—

(i) “A member of the Board or an authorised person” for “An authorised person” in both subsection (1) and subsection (2),

(ii) “a member of the Board or an authorised person” for “an authorised person” in both subsection (3) and subsection (7), and

(iii) the following subsection for subsection (8):

“(8) In this section—

‘authorised person’ means a person who is appointed by the planning authority, the Minister or the Board to be an authorised person for the purposes of this section;

‘appropriate authority’ means—

(a) in a case in which the authorised person was appointed by a planning authority—that authority,

(b) in a case in which the authorised person was appointed by the Minister—the Minister, and

(c) in a case in which the authorised person was appointed by the Board—the Board.”;

(d) the insertion of the following subsection after subsection (4) of section 86:

“(4A) Building regulations may make provision in relation to the special needs of disabled persons.”;

(e) the insertion in section 87 (1) of “, subject to or without conditions,” after “relaxing”; and

(f) the substitution of the following section for section 88:

Appeal against decision of planning authority on application under section 87.

“88.—(1) If a planning authority refuse an application to dispense with or relax any requirement in building regulations which they have power to dispense with or relax, or dispense with or relax such a requirement subject to a condition, the applicant may by notice in writing appeal to the Minister within one month from the date on which the planning authority notify the applicant of their decision.

(2) Where an appeal is brought under this section 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 under section 87 of this Act, as amended by section 42 of the Local Government (Planning and Development) Act, 1976, and his decision shall operate to annul the decision of the planning authority as from the time when it was given; provided that this subsection shall not be construed as requiring the Minister to consult a planning authority in relation to an appeal brought under this section.”.