Local Government (Planning and Development) Act, 1963

Relaxation of building regulations.

87.—(1) Subject to the provisions of this section, if the Minister, on application made in accordance with the provisions of this section, considers that the operation of any requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, he may, after consultation with the planning authority, give a direction dispensing with or relaxing that requirement.

(2) If building regulations so provide as regards any requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) of this section shall be exercisable by the planning authority (instead of by the Minister after consultation with the planning authority), but any provisions contained by virtue of this subsection in building regulations shall except applications made by local authorities and may except applications of any other description.

(3) Building regulations may provide as regards any requirements contained in the regulations that the foregoing subsections of this section shall not apply.

(4) An application under this section shall be in such form as may be prescribed by building regulations and shall contain such particulars as may be so prescribed.

(5) The application shall be made to the planning authority and, except where the power of giving the direction is exercisable by the planning authority, the planning authority shall at once transmit the application to the Minister and give notice to the applicant that it has been so transmitted.

(6) If within a period of two months beginning with the date of an application (being an application with respect to which the power of giving the direction is exercisable by the planning authority), or within such extended period as may at any time be agreed in writing between the applicant and the planning authority, the planning authority do not notify the applicant of their decision on the application, a decision by the planning authority to grant the application shall be regarded as having been given on the last day of that period.

(7) An application by a local authority shall be made to the Minister.