Local Government (Planning and Development) Act, 1999

Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“the Act of 1976” means the Local Government (Planning and Development) Act, 1976 ;

“architectural conservation area” means a place, area, group of structures or townscape, taking account of building lines and heights, which—

(a) is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, or

(b) contributes to the appreciation of protected structures;

“attendant grounds”, in relation to a structure, includes land lying outside the curtilage of the structure;

“endangered” means exposed to harm, decay or damage, whether immediately or over a period of time, through neglect or through direct or indirect means;

“occupier”, in relation to a protected structure or a proposed protected structure, means—

(a) any person in or entitled to immediate use or enjoyment of the structure,

(b) any person entitled to occupy the structure, and

(c) any other person having, for the time being, control of the structure;

“the Principal Act” means the Local Government (Planning and Development) Act, 1963 ;

“proposed protected structure” means a structure in respect of which a notice is issued under section 6 of this Act or under Part III of the Principal Act proposing to add the structure, or a specified part of it, to a record of protected structures, and, where that notice so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;

“protected structure” means—

(a) a structure, or

(b) a specified part of a structure,

which is included in a record of protected structures, and, where that record so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;

“protection”, in relation to a structure or part of a structure, includes conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part;

“record of protected structures” means the record included under section 2 in a development plan;

“registering authority” means a registering authority within the meaning of the Registration of Title Act, 1964 ;

“structure” has the same meaning as in the Principal Act but includes—

(a) the interior of the structure,

(b) the land lying within the curtilage of the structure,

(c) any other structures lying within that curtilage and their interiors, and

(d) all fixtures and features which form part of the interior or exterior of any structure or structures referred to in paragraph (a) or (c);

“vesting order” means an order made under section 25 .

(2) For the purposes of this Act, the definition of “works” in section 2 of the Principal Act includes any act or operation involving the application or removal of plaster, paint, wallpaper, tiles, or other material to or from the surfaces of the interior or exterior of a structure.

(3) In this Act—

(a) a reference to a section is to a section of this Act unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is to a subsection or paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended,

(c) a reference to an enactment is to that enactment as amended at any time by any enactment, including this Act.