Local Government (Planning and Development) Act, 1976

Certain appeals and other matters to be brought or referred to Board.

14.—(1) An appeal under a relevant section of the Principal Act shall, in lieu of being brought to the Minister, be brought to the Board and if it is not withdrawn, be decided by the Board, and—

(a) in case the appeal relates to an application, notice or order, the application, notice or order shall be determined or confirmed or annulled (as the case may be) accordingly, and

(b) in case the appeal relates to a licence under section 89 of the Principal Act, such directions shall be given with respect to the withdrawing or granting or altering of the licence as may be appropriate.

(2) Any question as to what, in any particular case, is or is not development or exempted development shall, in lieu of being referred to and decided by the Minister under section 5 (1) of the Principal Act, be referred to and be decided by the Board.

(3) In case a condition referred to in subsection (2) (f) of section 26 of the Principal Act is attached to a permission or approval granted under that section and there is not agreement in relation to the contribution required by subsection (7) of the said section 26 to be made by a local authority, the matter shall, in lieu of being determined by the Minister under the said subsection (7), be referred to the Board which shall determine the amount of the contribution.

(4) In case there is attached to a permission or approval granted under section 26 of the Principal Act a condition which provides that a contribution or other matter is to be agreed between the planning authority and the person to whom the permission or approval is granted and that in default of agreement the contribution or other matter is to be determined by the Minister, the condition shall be construed as providing that in default of agreement the contribution or other matter is to be determined by the Board.

(5) The functions of the Minister under section 29 of the Principal Act are hereby transferred to the Board and without prejudice to the generality of subsection (9) of this section the references in the said section 29 to the Minister shall each be construed as referring to the Board.

(6) Any question or dispute whether a new structure would or does replace substantially within the meaning of section 56 of the Principal Act a demolished or destroyed structure shall, in lieu of being determined by the Minister, be determined by the Board.

(7) For the purposes of the foregoing subsections of this section, the Principal Act (as amended by this Act) shall, with any necessary modifications, apply to the following, namely—

(a) the bringing of an appeal to the Board,

(b) the making of a reference to the Board,

(c) a decision of the Board on an appeal,

(d) the confirmation or annulment (as the case may be) by the Board of the notice or order to which an appeal relates,

(e) the determination of a question or dispute by the Board to which a reference under section 5 (1) of the Principal Act relates,

(f) the determination by the Board of a disagreement, question or dispute to which section 26 (7) or section 56 (3) of the Principal Act relates,

(g) the confirmation of a purchase notice served on a planning authority under section 29 of the Principal Act,

(h) the compliance with directions given by the Board in relation to an appeal relating to a licence under section 89 of the Principal Act, and

(i) the determination by the Board of a contribution or other matter to be determined by the Board by virtue of subsection (4) of this section,

as, immediately before the appropriate day, it applied to whichever of the following is appropriate, namely, the bringing or making of a corresponding appeal or reference to the Minister under the Principal Act, a decision of the Minister on such an appeal, the confirmation or annulment or determination by the Minister of a notice, order, question or dispute relating to such an appeal or reference, the determination by the Minister of a disagreement, question or dispute to which the said section 26 (7) or 56 (3) relates, the confirmation by the Minister of a purchase notice, the compliance with directions given by the Minister in relation to an appeal relating to a licence under the said section 89 or the determination by the Minister of a contribution or other matter pursuant to a condition mentioned in the said subsection (4).

(8) The Board may in determining an appeal under section 26 or 27 of the Principal Act decide to grant a permission or approval even if the proposed development contravenes materially the development plan or any special amenity area order relating to the area of the planning authority to whose decision the appeal relates.

(9) Wherever the Principal Act refers to the Minister in relation to—

(a) an appeal under a relevant section,

(b) a reference under section 5 (1) of the Principal Act,

(c) a determination of a disagreement, question or dispute to which section 26 (7) or section 56 (3) of the Principal Act relates,

(d) a decision on an appeal under a relevant section,

(e) a determination pursuant to section 85 of the Principal Act as to whether a consent was unreasonably withheld,

(f) a determination, confirmation or annulment (as the case may be) of the notice or order, question or dispute to which an appeal under a relevant section or a reference mentioned in paragraph (b) of this subsection relates,

(g) a requirement requiring applicants or planning authorities to furnish to the Minister any specified information, or

(h) any word cognate to appeal, reference, decision, determination, confirmation or annulment,

that Act, other than section 18 thereof, shall be construed as referring to the Board.

(10) In this section “a relevant section” means a section which is section 26, 27, 30, 33, 36, 37, 44, 45, 46, 48, 85 or 89 of the Principal Act.