Local Government (Planning and Development) Act, 1992
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Amendment of Principal Act and Act of 1976. |
19.—(1) (a) Section 31 (1) of the Principal Act is hereby amended by the addition of the following paragraph after paragraph(b): | |
“(c) A notice referred to in paragraph (b) of this subsection shall not be served after— | ||
(i) if the permission to which the condition is attached is a permission other than of the kind referred to in subparagraph (ii) of this paragraph, the date of the expiration, as respects the permission, of the appropriate period (within the meaning of section 2 of the Local Government (Planning and Development) Act, 1982 ) or, as the case may be, of the said period as extended under section 4 of the said Act, | ||
(ii) if the permission to which the condition is attached is a permission for the retention on land of any structure, the expiration of a period of five years beginning on the day of the grant of the permission.”. | ||
(b) Section 32 (1) of the Principal Act is hereby amended by the addition of the following paragraph after paragraph (b): | ||
“(c) A notice referred to in paragraph (b) of this subsection shall not be served after the expiration of a period of five years beginning on the day of the grant of the permission referred to in paragraph (a) of this subsection.”. | ||
(c) This subsection shall have effect as respects a condition referred to in section 31 or 32 of the Principal Act which is not complied with before or after the commencement of this subsection. | ||
(2) (a) Section 35 of the Principal Act is hereby amended by the addition of the following subsection after subsection (9): | ||
“(10) An enforcement notice shall not be served in relation to any development authorised by a permission granted under this Part of this Act which has been commenced but has not been carried out in conformity with such permission after the expiration of a period of five years beginning on the expiration, as respects such permission, of the appropriate period (within the meaning of section 2 of the Local Government (Planning and Development) Act, 1982 ) or, as the case may be, of thesaid period as extended under section 4 of the said Act.”. | ||
(b) This subsection shall have effect as respects development referred to in the subsection inserted in section 35 of the Principal Act by paragraph (a) which is carried out before or after the commencement of this subsection. | ||
(3) Section 82 of the Principal Act is hereby amended by the substitution for subsection (3A) (inserted by the Act of 1976) of the following subsections: | ||
“(3A) A person shall not question the validity of— | ||
(a) a decision of a planning authority on an application for a permission or approval under Part IV of this Act, or | ||
(b) a decision of the Board on any appeal or on any reference, | ||
otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (hereafter in this section referred to as ‘the Order’). | ||
(3B) (a) An application for leave to apply for judicial review under the Order in respect of a decision referred to in subsection (3A) of this section shall— | ||
(i) be made within the period of two months commencing on the date on which the decision is given, and | ||
(ii) be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to— | ||
(I) if the application relates to a decision referred to in subsection (3A) (a) of this section, the planning authority concerned and, where the applicant for leave is not the applicant for the permission or approval under Part IV of this Act, the applicant for such permission or approval, | ||
(II) if the application relates to a decision referred to in subsection (3A) (b) of this section, the Board and each party or each other party, as the case may be, to the appeal or reference, | ||
(III) any other person specified for that purpose by order of the High Court, | ||
and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed. | ||
(b) (i) The determination of the High Court of an application for leave to apply for judicial review as aforesaid or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case save with the leave of the High Court which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. | ||
(ii) This paragraph shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution. | ||
(c) References in subsection (3A) of this section and this subsection to the Order shall be construed as including references to the Order as amended or reenacted (with or without modification) by rules of court. | ||
(d) The reference in paragraph (a) (ii) (II) of this subsection to a party to an appeal or reference shall be construed— | ||
(i) in the case of an appeal within the meaning of the Local Government (Planning and Development) Act, 1992, in accordance with that Act, | ||
(ii) in the case of an appeal (other than an appeal as aforesaid) or reference, in accordance with Article 35 of the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 ), or any regulations under section 18 of the Local Government (Planning and Development) Act, 1992, re-enacting, with or without modification, that Article.”. | ||
(4) The Act of 1976 is hereby amended— | ||
(a) by the deletion in section 19 (1) of “Subject to subsection (2) of this section,”; | ||
(b) by the deletion in section 24 (2) of “26,”; | ||
(c) by the insertion in paragraph (b) of section 26 (1) after “being”, of “or is likely to be”; | ||
(d) by the substitution of the following paragraph for paragraph (b) of section 26 (2): | ||
“(b) in relation to any unauthorised use being or likely to be made of land, require that the unauthorised use shall be discontinued forthwith or shall not be commenced, as the case may be,”; | ||
(e) (i) by the insertion after subsection (3) of section 26 of the following subsection: | ||
“(3A) A warning notice in relation to any unauthorised use of land shall not be served after the expiration of a period of five years beginning on the day on which such unauthorised use first commenced.”. | ||
(ii) This paragraph shall have effect as respects an unauthorised use of land commenced before or after the commencement of this paragraph; | ||
(f) by the substitution of the following subparagraph for sub-paragraph (ii) of section 26 (4) (b): | ||
“(ii) the commencement or continuance by another of a use required by a warning notice not to be commenced or to be discontinued, or”; and | ||
(g) by the substitution of the following section for section 27: | ||
“High Court or Circuit Court may prohibit unauthorised development or use of land. | ||
27.—(1) Where— | ||
(a) development of land, being development for which a permission is required under Part IV of the Principal Act, has been carried out, or is being carried out, without such permission, or | ||
(b) an unauthorised use is being made of land, | ||
the High Court or the Circuit Court may, on the application of a planning authority or any other person, whether or not the person has an interest in the land, by order require any person to do or not to do, or to cease to do, as the case may be, anything that the Court considers necessary and specifies in the order to ensure, as appropriate— | ||
(i) that the development or unauthorised use is not continued, | ||
(ii) in so far as is practicable, that the land is restored to its condition prior to the commencement of the development or unauthorised use. | ||
(2) Where any development authorised by a permission granted under Part IV of the Principal Act has been commenced but has not been, or is not being, carried out in conformity with the permission because of non-compliance with the requirements of a condition attached to the permission or for any other reason, the High Court or the Circuit Court may, on the application of a planning authority or any other person, whether or not that person has an interest in the land, by order require any person to do or not to do, or to cease to do, as the case may be, anything that the Court considers necessary and specifies in the order to ensure that the development is carried out in conformity with the permission. | ||
(3) An application to the High Court or the Circuit Court for an order under this section shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate. The order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate. | ||
(4) Rules of court may provide for an order under this section to be made against a person whose identity is unknown. | ||
(5) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land the subject of the application is situated. | ||
(6) (a) (i) Subsection (1) (a) of this section shall not apply to development of land carried out before the appropriate day. | ||
(ii) An application to the High Court or the Circuit Court for an order under this section in relation to development to which subsection (1) (a) of this section applies shall not be made after the expiration of a period of five years beginning on the day on which the development was substantially completed. | ||
(b) An application to the High Court or the Circuit Court for an order under this section— | ||
(i) in relation to an unauthorised use of land (whether commenced before or after the appropriate day) shall not be made after the expiration of a period of five years beginning on the day on which such use first commenced; | ||
(ii) in relation to development to which subsection (2) of this section applies (whether carried out before or after the appropriate day) shall not be made after the expiration of a period of five years beginning on the expiration, as respects the permission authorising the development, of the appropriate period (within the meaning of section 2 of the Local Government (Planning and Development) Act, 1982 ) or, as the case may be, of the said period as extended under section 4 of the said Act. | ||
(c) In this subsection ‘appropriate day’ means the day, as respects the paragraph in which the said expression occurs, on which paragraph (g) of section 19 (4) of the Local Government (Planning and Development) Act, 1992, comes into operation.”. |