Postal and Telecommunications Services Act, 1983

Restriction of liability of companies under Planning Acts.

61.—(1) In the case of any development (not being exempted development for the purposes of the Local Government (Planning and Development) Acts, 1963 to 1982, or any development to which section 60 relates) commenced by either company during the period of two years from the vesting day, permission under Part IV of the Local Government (Planning and Development) Act, 1963 , shall not be required if the following conditions are complied with, namely—

(a) that the company consults with the planning authority concerned to such extent as the Minister for the Environment may determine, and

(b) that, if any objection which may be raised by the planning authority is not resolved, or if any condition specified by the planning authority is not acceptable to the company, the company consults with that Minister on the objection or condition, as the case may be, and

(c) that, in carrying out the development, the company complies with such conditions (if any) as the planning authority or that Minister, as the case may be, may specify.

(2) (a) When consulted under subsection (1), the planning authority or the said Minister, as the case may be, shall have the same power to specify conditions as is conferred by section 26 of the Local Government (Planning and Development) Act, 1963 , in relation to an application under Part IV of that Act.

(b) Section 27 of the Local Government (Planning and Development) Act, 1976 , shall apply with any necessary modification where development, not being exempted development as aforesaid or any development to which section 60 relates, has been commenced by either company but has not been, or is not being, carried out in accordance with the provisions of this section.