Town and Regional Planning Act, 1934

Resolutions for the making of planning schemes.

26.—(1) A planning authority may, by resolution in the prescribed form of the intention to propose which not less than one month's notice has been given in writing to every member of such authority and notice has been published at least once in each of two successive weeks in three newspapers (of which at least one is a daily newspaper) circulating in the planning region or planning district of such authority, and for the passing of which more than half the members of such authority have voted, decide to make a planning scheme for (as the case may be) their planning region or any specified part thereof or their planning district or any specified part thereof.

(2) A resolution under this section shall not be invalidated by the making of an amendment therein after the giving and publication of notice of such resolution in accordance with this section and before the passing of such resolution, unless the effect of such amendment is to include in the area to which such resolution relates an area which was not so included when notice of such resolution was so given and published.

(3) It shall not be lawful for a planning authority to revoke a resolution duly passed under this section deciding to make a planning scheme.

(4) Where the planning authority by whom a planning scheme (in this sub-section referred to as the existing scheme) was made pass a resolution for the making of a planning scheme revoking, amending, or varying the existing scheme, the Minister may by order revoke such resolution save in so far as such resolution relates to an area to which the existing scheme does not relate or in which the existing scheme is not in force.

(5) The consideration and the making by a planning authority of a decision to make a planning scheme shall, in the case of the county borough of Dublin, the borough of Dun Laoghaire and of the county borough of Cork respectively, be a reserved function.