Planning and Development Act, 2000

Miscellaneous transitional provisions.

268.—(1) Notwithstanding the repeal of any enactment by this Act—

(a) subsections (2) to (5) of section 38 of the Act of 1999 continue to apply to a planning authority until the planning authority has made the decisions required by those subsections and served them on the appropriate owners and occupiers,

(b) a scheme for the granting of pensions, gratuities or other allowances in respect of the chairperson and ordinary members or in respect of wholetime employees of the Board under an Act repealed by this Act shall continue in force and shall be deemed to be a scheme under section 119 or 121 , as appropriate,

(c) a special amenity area order or tree preservation order confirmed or made under an Act repealed by this Act that is in force immediately before the commencement of this section shall be deemed to have been confirmed or made under section 203 or 205 , as appropriate,

(d) paragraph 12 of the Third Schedule to the Act of 1990 shall continue to apply for a period of 3 years from the commencement of this section, and

(e) section 55A (inserted by the Roads (Amendment) Act, 1998 ) of the Roads Act, 1993 (as inserted by section 6 of the Roads (Amendment) Act, 1998 ) shall continue to apply in relation to an order of the Minister under section 49(3) or 51(6) of that Act.

(2) Any codes of practice concerning the holding of events issued by the Minister or any other Minister of the Government prior to the coming into force of this Act shall be deemed to be codes of practice under section 232 .

(3) (a) Notwithstanding section 191 , compensation shall be payable under section 190 where there has been a refusal of permission under Part III on the grounds specified in paragraph 5 of the Fourth Schedule , and where—

(i) the development plan contained, prior to the coming into operation of section 10 , an objective for the zoning of the land to which the application concerned related for use solely or primarily for the purpose for which the application was made, and

(ii) the application for permission was made not later than 3 years after the coming into operation of this section.

(b) Paragraph (a) shall not apply to a refusal of permission if—

(i) the development is of a class or description set out in the Third Schedule, or

(ii) the refusal was on grounds specified in the Fourth Schedule (other than paragraph (a)).