Local Government (Planning and Development) Act, 1963

Service of notices, etc.

7.—(1) Where a notice or copy of an order is required or authorised by this Act or any order or regulation made thereunder to be served on or given to a person, it shall be addressed to him and shall be served on or given to him in some one of the following ways:

(a) where it is addressed to him by name, by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be given or served in respect of any land or premises, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.

(2) Where a notice or copy of an order is required by this Act or any order or regulation made thereunder to be served on or given to the owner or to the occupier of any land or premises and the name of the owner or of the occupier (as the case may be) cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier” (as the case may require) without naming him.

(3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1959, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) Where a notice or copy of an order is served on or given to a person by affixing it under paragraph (d) of subsection (1) of this section, a copy of the notice or order shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided.

(5) A person who, at any time during the period of three months after a notice is affixed under paragraph (d) of subsection (1) of this section, removes, damages or defaces the notice without lawful authority shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(6) Where the Minister is satisfied that reasonable grounds exist for dispensing with the serving or giving under this Act or under any order or regulation made thereunder of a notice or copy of an order and that dispensing with the serving or giving of the notice or copy will not cause injury or wrong, he may dispense with the serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof.

(7) A dispensation under the foregoing subsection may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent.