Town and Regional Planning Act, 1934
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Certain provisions which may be contained in planning schemes. |
40.—(1) A planning scheme may contain provisions for all or any of the following purposes in relation to the area to which the scheme relates and may contain different such provisions in respect of different parts of such area, that is to say:— | |
(a) for regulating the construction, extension, diversion, alteration, and closing of roads and ways, and in particular for all or any of the purposes mentioned in Part I of the Second Schedule to this Act; | ||
(b) for regulating and controlling the making, alteration, and user of structures and the objects which may be affixed to structures, and in particular for all or any of the purposes mentioned in Part II of the Second Schedule to this Act; | ||
(c) for preserving, improving, and extending the amenities of the area to which the scheme applies, and in particular for all or any of the purposes mentioned in Part III of the Second Schedule to this Act; | ||
(d) for all or any of the purposes in relation to public services mentioned in Part IV of the Second Schedule to this Act; | ||
(e) for all or any of the purposes in relation to transport and communication mentioned in Part V of the Second Schedule to this Act; | ||
(f) for all or any of the miscellaneous purposes mentioned in Part VI of the Second Schedule to this Act. | ||
(2) A planning scheme may also contain any provision which is ancillary or incidental to or consequential on any provision authorised by the next foregoing sub-section of this section. | ||
(3) A planning scheme may, for the purpose of making effective any such provision as is authorised by the first sub-section of this section, contain provisions— | ||
(a) controlling, restricting or prohibiting, either generally or in particular circumstances or cases, the exercise or acquisition of rights of way, rights of light, and other easements within the area or any particular part of the area to which the scheme relates, or | ||
(b) controlling and limiting the purposes for and manner in which any particular land or all land in any particular part of the area to which the scheme relates may be used, including prohibiting the use of such land for any purpose except a specified purpose or class of purposes or in any manner except a specified manner. | ||
(4) A planning scheme may determine the manner in and the area over which all or any of the expenses incurred by a local authority in or in relation to the making, enforcement, and carrying out of such planning scheme, (other than expenses incurred in doing any act or thing by virtue of a power or authority conferred by an enactment other than this Act) shall be defrayed and raised, and whenever a planning scheme contains any such determination, the expenses to which such determination relates shall, notwithstanding anything contained in this Act, be defrayed and raised in accordance with such determination. | ||
(5) A planning scheme may provide that a specified statute which is not in force in the area or a particular part of the area to which such scheme relates but could lawfully be adopted or otherwise put in force in such area or particular part thereof by any person, authority, or means other than an Act of the Oireachtas shall for the purposes of such scheme be deemed to have been so put in force and that all (if any) consents and sanctions necessary for such putting in force shall be deemed to have been given and that such statute shall for the said purposes be in force accordingly. |