S.I. No. 334/1934 - Town and Regional Planning Regulations, 1934.


STATUTORY RULES AND ORDERS. 1934. No. 334.

TOWN AND REGIONAL PLANNING REGULATIONS, 1934.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

TOWN AND REGIONAL PLANNING ACT, 1934 .

TOWN AND REGIONAL PLANNING REGULATIONS, 1934.

ARRANGEMENT OF ARTICLES.

1. Citation.

2. Interpretation.

3. Definitions.

4. Provisions in relation to maps.

5. Public inspection of documents.

6. General provisions in relation to notices.

7. Power to extend time.

8. Form of planning resolution.

9. Notices, etc., of intention to propose planning resolution.

10. Notices, etc., of passing of planning resolution.

11. Time for appeal in relation to permission or prohibition.

12. Preparation and adoption of draft scheme.

13. Notices, etc., of adoption of draft scheme.

14. Making of planning scheme.

15. Reference to annexed map in planning scheme.

16. Notices, etc., of making of planning scheme.

17. Documents, etc., to accompany planning scheme submitted to Minister.

18. Notices, etc., of approval of planning scheme.

19. Notices, etc., of coming into operation of planning scheme.

20. Co-operation with owners of property, etc.

21. Obtaining information from rate books, etc.

FIRST SCHEDULE.

Forms.

SECOND SCHEDULE.

Documents and information to be sent when a planning scheme is submitted to the Minister for his approval.

STATUTORY RULES AND ORDERS.

1934. No. 334

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

TOWN AND REGIONAL PLANNING ACT, 1934 .

TOWN AND REGIONAL PLANNING REGULATIONS, 1934.

The Minister for Local Government and Public Health in exercise of the powers vested in him by the Town and Regional Planning Act, 1934 , and in exercise of every other power enabling him in this behalf hereby makes the following regulations, that is to say:—

1 Citation.

1.—These regulations may be cited as the Town and Regional Planning Regulations, 1934.

2 Interpretation.

2.—The Interpretation Act, 1923 , shall apply for the purpose of the interpretation of these regulations in the same manner in which it applies for the purpose of the interpretation of an Act of the Oireachtas.

3 Definitions.

3.—(1) In these Regulations the following words and expressions shall have the meanings assigned to them by this article:—

"The Act" means the Town and Regional Planning Act, 1934 ;

"Certified Copy" means a copy certified by the principal officer of the planning authority or by any other officer of the planning authority duly authorised by the planning authority in that behalf, as being a true copy;

"Map" includes a plan or a series of maps or plans;

"Prescribed person" means and includes any of the following persons, that is to say:—

(a) the Minister for Industry and Commerce,

(b) the Commissioners of Public Works,

(c) every local authority to the whole or any portion of whose functional area the planning scheme or proposed planning scheme in connection with which the expression is used relates, except the local authority by whom such scheme has been or is to be made;

"Planning resolution" means a resolution of a planning authority deciding to make a planning scheme for any area;

"Draft Scheme" means a draft prepared and adopted by a planning authority setting out their proposals for a planning scheme;

"Owner" means in relation to any land or structure any person (other than a mortgagee not in possession) who is for the time being entitled to sell or otherwise dispose of the fee simple of such land or structure or of any term of years for the time being subsisting in respect of such land or structure of which the unexpired residue exceeds three years;

"The Approval Order" means the Order made by the Minister under section 29 of the Act approving of a planning scheme;

The Commencement Order" means the Order made by the Minister under section 32 of the Act appointing the day on which the planning scheme is to come into operation.

(2) Every reference in these regulations to a planning resolution, a draft scheme, or a planning scheme shall be construed as including a reference to any map which is annexed to such planning resolution, draft scheme or planning scheme.

4 Provisions in relation to maps.

4.—(1) Subject to the provisions of this Article the scale of every map which is required by these regulations to be annexed to a planning resolution, a draft scheme or a planning scheme shall not be less than 25 inches to the mile.

(2) Where a map is annexed to a planning resolution, a draft scheme or a planning scheme in pursuance of these regulations solely for the purpose of describing one or more of the following areas, that is to say:—

(a) a county borough,

(b) a county,

(c) a borough,

(d) an urban district,

(e) a county health district,

the scale of such map may be less than 25 inches to the mile but shall not be less than 6 inches to the mile.

(3) The scale of any map annexed to a planning resolution, a draft scheme or a planning scheme in pursuance of these regulations may, in any particular case or cases where the Minister so directs, be on a scale smaller than the scale which save for such direction would be required by this article.

5 Public inspection of documents.

5.—Whenever any resolution or document which relates to a planning scheme made or proposed to be made by a planning authority is required by the Act or by these regulations to be made available for public inspection during any period the following provisions shall apply, that is to say:—

(1) The planning authority shall make the following arrangements for making such document so available during such period, that is to say:—

(a) such resolution or document or a certified copy shall be deposited before the commencement of such period at the principal offices of the planning authority and at such other places (if any) within the area for which the planning scheme has been or is proposed to be made as the planning authority may determine;

(b) such resolution, document or certified copy shall be marked in a prominent place with the date on which it is so deposited and such mark shall be initialled by the principal officer of the planning authority or by some other officer of the planning authority duly authorised by the planning authority in that behalf;

(c) such resolution, document or certified copy shall be left so deposited at such place or places during the whole of such period;

(d) any person who shall make application at any reasonable hour on any day (not being a Sunday or bank holiday) during such period shall be permitted to inspect such resolution, document or certified copy.

(2) Before the expiration of fourteen days after the commencement of such period the planning authority shall send four certified copies of such resolution or document to the Minister and shall send one certified copy of such resolution or document to every local authority which is a prescribed person.

6 General provisions in relation to notices.

6.—(1) Where a notice is required by these regulations to be given to any person such notice shall be given to such person in some one of the ways mentioned in section 8 of the Act.

(2) Where notice of any matter in relation to a planning scheme whether made or being made or proposed to be made is required to be given and published in accordance with these regulations such notice shall be given to the Minister and to every prescribed person, and such notice shall also be published in each of two successive weeks in each of three newspapers (of which at least one is a daily newspaper) circulating in the area to which such planning scheme relates or will relate when so made (as the case may be).

7 Power to extend time.

7.—The Minister may, if he thinks fit in any particular case and subject to such conditions as he may impose, extend the period during which anything is required to be done under these regulations.

8 Form of planning resolution.

8.—A planning resolution shall be in the form (Form P. S. I.) set forth in the first schedule to these regulations, and shall define the area for which the planning scheme is to be made by reference to a map annexed to the planning resolution showing by means of boundary lines the area for which under such resolution the planning scheme is to be made.

9 Notices, etc., of intention to propose planning resolution.

9.—(1) Whenever notice is given and published in pursuance of Section 26 of the Act of the intention to propose a planning resolution at a meeting of a planning authority notice of such intention shall also be given to the Minister and to every prescribed person, and the planning resolution intended to be proposed shall be made available for public inspection during the period from the first publication of notice of such intention until such proposal has been considered and decided upon by such planning authority.

(2) Every notice of the intention to propose a planning resolution at a meeting of a planning authority which is given or published in pursuance of the Act or of this article shall include—

(a) a description of the area for which a planning scheme is proposed to be made in the same terms in which such area is proposed to be described in the planning resolution, and

(b) a statement of the arrangements made in pursuance of these regulations for making the planning resolution available for public inspection.

10 Notices, etc., of passing of planning resolution.

10.—(1) When a planning authority has passed a planning resolution such authority shall, with all convenient speed, give and publish notice of such planning resolution in accordance with these regulations, and such notice shall include—

(a) a statement of the arrangements made in pursuance of these regulations for making such planning resolution available for public inspection, and

(b) a statement that any owner of property in the area for which a planning scheme is to be made or any other person likely to be affected by the planing scheme may send in writing to the planning authority not later than three months from the first publication of the notice suggestions for the making of the planning scheme and that such suggestions (if any) will be considered by the planning authority when making the planning scheme.

(2) The planning authority by whom a planning resolution has been passed shall make such planning resolution available for public inspection during the period from the first publication of notice under this article to the date when the planning scheme made in pursuance of such planning resolution comes into operation.

11 Time for appeal in relation to permission or prohibition.

11.—(1) Except in the case mentioned in the next following sub-article the time within which any person aggrieved by the grant or the refusal by a planning authority of a special permission or a general permission or by the making of a special prohibition by such planning authority may appeal to the Minister in pursuance of sub-section (1) of section 59 of the Act shall be one month from such grant or refusal or from the making of such special prohibition as the case may be.

(2) Where the planning authority declares the contravention of any special prohibition to be unlawful any person aggrieved by the making of such special prohibition may appeal to the Minister in pursuance of sub-section (1) of section 59 of the Act within one month from the making of such declaration.

12 Preparation and adoption of draft scheme.

12.—(1) When a planning resolution has been passed by a planning authority and notice of such planning resolution has been duly given and published in accordance with these regulations, and the period of three months specified in such notice for the sending of suggestions to the planning authority has expired, the planning authority shall with all convenient speed prepare and adopt a draft scheme (in these regulations referred to as "the draft scheme").

(2) The draft scheme shall contain such provisions as the planning authority proposes to include in the planning scheme, and shall refer to an annexed map showing by means of boundary lines the area to which the draft scheme relates and indicating so far as is practicable by reference to letters, numbers, hatching, distinguishing colours, or otherwise, particulars and details of such proposed provisions.

(3) Before adopting the draft scheme the planning authority shall consider any suggestions received within the period of three months specified in that behalf in the notice of the planning resolution published in accordance with these regulations from any owner of property in the area for which the planning scheme is to be made, or from any other person likely to be affected by the planning scheme.

13 Notices, etc., of adoption of draft scheme.

13.—(1) When the draft scheme has been prepared and adopted the planning authority shall give and publish in accordance with these regulations notice of such adoption.

(2) The notice of the adoption of the draft scheme given and published under this article shall include—

(a) a statement of the arrangements made in pursuance of these regulations for making the draft scheme available for public inspection, and

(b) a statement that any owner of property in the area for which the planning scheme is to be made or any other person likely to be affected by the planning scheme may send in writing to the planning authority not later than two months from the first publication of the notice any objection to the proposals contained in the draft scheme, and that every objection received by the planning authority within such two months from such an owner or other person will be considered by the planning authority when making the planning scheme.

(3) The planning authority shall make the draft scheme available for public inspection during the period from the first publication of notice under this article to the coming into operation of the planning scheme.

(4) Where the draft scheme includes a provision expressly requiring any particular land to be acquired by a local authority for the purposes of the planning scheme, the principal officer of the planning authority or some other officer of the planning authority duly authorised by the planning authority in that behalf shall give not later than one week from the first publication of the notice of the adoption of the draft scheme to every owner of such land a notice, in the form (Form P. S. 2) set forth in the first schedule to these regulations, and such notice shall be accompanied by a map on a scale of not less than six inches to the mile showing by means of boundary lines the particular land which is to be acquired.

14 Making of planning scheme.

14.—(1) A planning authority shall not make a planning scheme until the expiration of three months from the first publication in accordance with these regulations of the adoption of the draft scheme.

(2) Before making a planning scheme a planning authority shall consider every objection to the proposals contained in the draft scheme received within the period of two months specified in that behalf in the notice of the adoption of the draft scheme published in accordance with these regulations from any owner of property in the area for which the planning scheme is to be made or from any other person likely to be affected by the planning scheme.

(3) Where a provision is included by the planning authority in a planning scheme submitted to the Minister which was not included in the draft scheme or which was included in the draft scheme in a different form, the Minister may require the planning authority to give and publish any additional notices which he may think desirable in the circumstances of the case.

15 Reference to annexed map in planning scheme.

15.—A map shall be annexed to every planning scheme showing by means of boundary lines the area to which the planning scheme relates, and such map shall indicate so far as is practicable the particulars and details of the provisions contained in the planning scheme by reference to letters, numbers, hatching, distinguishing colours, or otherwise.

16 Notices, etc., of making of planning scheme.

16.—(1) Before a planning scheme made by a planning authority is submitted in pursuance of sub-section (1), sub-section (3), or sub-section (4) of section 29 of the Act to the Minister for his approval, the planning authority shall give and publish notice in accordance with these regulations of the making of such planning scheme.

(2) The planning authority shall make such planning scheme available for public inspection during the period from the first publication of notice under the last preceding paragraph until either the planning scheme has come into operation or in lieu thereof a modified planning scheme or a new planning scheme has been submitted to the Minister for his approval in pursuance of the relevant provisions of the Act.

(3) The notice of the making of a planning scheme given and published under this article shall include—

(a) a statement of the intention of the planning authority to submit the planning scheme to the Minister for his approval, and

(b) a statement of the arrangements made in pursuance of these regulations for making the planning scheme available for public inspection, and

(c) a statement that any owner of property in the area for which the planning scheme is made or any other person likely to be affected by the planning scheme may send to the Minister objections to the planning scheme not later than three months from the first publication of the notice.

(4) Where a planning scheme made by a planning authority includes a provision expressly requiring any particular land to be acquired by a local authority for the purposes of the planning scheme, the principal officer of the planning authority or some other officer of the planning authority duly authorised by the planning authority in that behalf shall give to every owner of such land before the expiration of one month from the first publication of notice in pursuance of this article and at least one week before such planning scheme is submitted to the Minister for his approval, notice in the form (Form P. S. 3) set forth in the schedule to these regulations, and such notice shall be accompanied by a map on a scale of not less than 6 inches to the mile showing by means of boundary lines the particular land which is to be acquired.

17 Documents, etc., to accompany planning scheme submitted to Minister.

17.—(1) When a planning authority in pursuance of sub-section (1), sub-section 3, or sub-section 4 of section 29 of the Act submits a planning scheme to the Minister such authority shall, subject to any special exemption made by the Minister under the next following sub-article, furnish to the Minister the documents and information set forth in the second schedule to these regulations.

(2) The Minister may exempt a planning authority from the necessity of wholly complying with the provisions of the immediately preceding sub-article in a particular case and subject to such conditions or alternative requirements as he may think fit.

18 Notices, etc., of approval of planning scheme.

18.—When the Minister has made the approval order the following provisions shall have effect, that is to say:—

(1) In addition to the notice required by sub-section 6 of section 29 of the Act to be published in Iris Oifigiúil the planning authority shall give and publish notice of the approval order in accordance with these regulations.

(2) The notice required by the said sub-section (6) and the notice required by the immediately preceding sub-article shall be in the form (Form P. S. 4) set forth in the first schedule to these regulations.

(3) The said notices shall be given and published by the planning authority not later than one week from the day on which the approval order is received by the planning authority from the Minister.

(4) The planning authority shall make the approval order available for public inspection during the period from the first publication in pursuance of the said section 29 or of this article of notice of the approval order until either:—

(a) the Minister makes the commencement order and notice of such commencement order is published under the next following article, or

(b) the approval order is annulled by a resolution of either House of the Oireachtas, or

(c) the whole of the planning scheme is annulled by the High Court, or

(d) the approval order is revoked by the Minister.

19 Notices, etc., of coming into operation of planning scheme.

19.—When the Minister has made the commencement order the following provisions shall have effect, that is to say:—

(1) Within one week of the receipt by the planning authority from the Minister of the commencement order, the planning authority shall give and publish notice of the commencement order in accordance with these regulations.

(2) The notice to be given and published under this article shall include—

(a) the date on which the planning scheme comes into operation in pursuance of the commencement order; and

(b) a statement of the arrangements made in pursuance of these regulations for making the planning scheme, the approval order and the commencement order available for public inspection; and

(c) a statement showing the manner in which printed copies of the planning scheme together with the approval order and the commencement order will be sold and the price which will be charged for such copies.

(3) The planning authority shall make available for public inspection the planning scheme, the approval order and the commencement order during the period from the first publication of notice under this article until the planning scheme is revoked by a subsequent planning scheme.

(4) The planning authority shall arrange for the printing of copies of the planning scheme together with the approval order and the commencement order and for the sale of such printed copies to any members of the public who apply therefor at a reasonable charge.

20 Co-operation with owners of property, etc.

20.—In addition to giving and publishing the notices required by these regulations, the planning authority by whom a planning scheme is being made shall take such other steps as such authority may think expedient by means of conferences and otherwise to secure co-operation with owners of property and other persons likely to be affected by the planning scheme.

21 Obtaining information from rate books, etc.

21.—(1) If a planning authority for the purpose of or in connection with the preparation or making of a planning scheme require information from a rate book or other similar document such authority may either—

(a) After due notice to the local authority or other public body (in this article referred to as " the rating authority ") in whose custody such book or document is, instruct one of their officers to obtain the information so required by inspecting and (if necessary) taking copies of such book or document; or

(b) request the rating authority to furnish copies of the relevant portions of such book or document.

(2) Where the rating authority receives notice under this article from a planning authority that an officer of the planning authority has been instructed to obtain information from any rate book or other similar document in their custody the rating authority shall permit such officer to inspect and take copies of such book or document free of charge.

(3) Where the rating authority receives a request from a planning authority under this article for copies of portions of any rate book or other similar document the rating authority shall comply with such request upon the payment by the planning authority of a reasonable sum for each such copy so supplied.

(4) Any dispute between a planning authority and the rating authority as to whether the amount of any charge proposed to be made by the rating authority under the last preceding sub-article is reasonable shall be decided by the Minister and his decision shall be final.

Given under the Official Seal of the Minister for Local Government and Public Health, this Eighth day of November, One Thousand Nine Hundred and Thirty-four.

(Sighnithe) SE?N T. O'CEALLAIGH,

Minister for Local Government and Public Health.

FIRST SCHEDULE.

FORMS.

ARTICLE 8.

FORM P.S. 1.

RESOLUTION DECIDING TO MAKE A PLANNING SCHEME.

Resolved that the.........................(name of planning authority).................................................being the

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planning authority for the following planning

,

that is to say : ............................................................ ............................................................ 

hereby decides to make a

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planning scheme for the following area, being

/images/v21p0475d.jpg

such planning

, that is to say :—

the area consisting of.......................................(See Note)..................................................... .................................................. and shown enclosed within the inner edge of a................coloured border, on a map now produced to us the said................(name of planning authority).................................................

Note.—The area should be described by reference to local government units of area or by reference to electoral divisions or townlands, and further particulars, such as names of streets, etc., may be added in suitable cases in order to make the extent of the area clear.

ARTICLE 13.

FORM P.S. 2.

NOTICE OF PROVISION IN DRAFT SCHEME REQUIRING PARTICULAR LAND TO BE ACQUIRED.

To...........................(name of owner of land).............................of ............................................................ ... (address) .................................................

Take Notice that the.........................................(name of planning authority) being the

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planning authority for the ........................ planning

has prepared and adopted a draft scheme containing proposals for a planning scheme for an area including the land hereinafter specified and that the said draft scheme includes a provision requiring the....................(name of Local Authority) .................. to acquire the land shown enclosed within the inner edge of a.......... coloured border on the map annexed to this notice, being in extent...... acres..........roods and..........perches or thereabouts, for the purposes of the planning scheme.

This notice is given to you as an owner of the said land.

The said draft scheme may be inspected at........................ at all reasonable hours without charge on any day not being a Sunday or bank holiday.

If you object to the said acquisition of the said land you should send an objection in writing to the planning authority at............................................................ ..................... before the...................................(date of expiry of period for sending objections to the draft scheme)..........................

Signed on behalf of..........(name of planning authority)

............................................................ ...................................

Date............................................................ .....

ARTICLE 16

FORM P.S. 3.

NOTICE OF PROVISION IN PLANNING SCHEME REQUIRING PARTICULAR LAND TO BE ACQUIRED.

To........................(Name of owner of land)................ of................................ (Address).......................

Take Notice that the..........(name of planning authority)........ being the

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planning authority for the ........................ planning

has made a planning scheme, entitled the............ (name of planning scheme)..................for an area including the land hereinafter specified, and that the said planning scheme includes a provision requiring the..........(name of local authority).......... to acquire the land shown enclosed within the inner edge of a.......... coloured border on the map annexed to this notice, being in extent..........acres..........roods and..........perches or thereabouts, for the purposes of the planning scheme.

This notice is given to you as an owner of the said land.

The said planning scheme may be inspected at...................... at all reasonable hours without charge on any day not being a Sunday or bank holiday.

The said planning scheme is to be submitted to the Minister for Local Government and Public Health for his approval.

If you object to the said acquisition of the said land you should send an objection in writing to the said Minister at the Custom House, Dublin, before the..............................................(date of expiry of period for sending objections to the planning scheme)............................................................ ..........

Signed on behalf of.................(name of planning authority)

............................................................ .................................................

Date............................................................ .............

ARTICLE 18.

FORM P.S. 4.

NOTICE OF APPROVAL ORDER.

TOWN AND REGIONAL PLANNING ACT, 1934 .

(Name of Planning Authority)............................................................ .............................................

(Title of Planning Scheme)............................................................ ...................................................

Notice is hereby given that on the....................day of.....................193......, the above-named planning scheme was approved by order of the Minister for Local Government and Public Health.

The Minister's order of approval will, as soon as may be, be laid before both Houses of the Oireachtas and if a resolution annulling such order is passed by either such House within the next three weeks (omitting from the reckoning any week in which such House has not sat at all) after the week in which such order is laid before such House or in which this notice is published in Iris Oifigiuil the order will be annulled.

Any person whose property would be affected by the planning scheme may within one month of the publication of this notice in Iris Oifigiuil apply to the High Court for the annulment of the planning scheme or of any specified portion thereof on the ground that the planning scheme or such specified portion contravenes or is not authorised by or is not made in accordance with the above-mentioned Act.

(The date of the publication in Iris Oifigiuil of this Notice is the......day of....................19.....)*

After the expiration of the periods referred to above, unless such a resolution has been passed by either House, or an application has been so made to the High Court, the Minister is empowered by order to fix a day for the coming into operation of the planning scheme. On the planning scheme coming into operation in pursuance of such an order the provisions of the planning scheme will have full statutory force and effect.

*The portion in square brackets can be omitted from the notice published in Iris Oifigiuil.

The following arrangements have been made for public inspection of the planning scheme and of the Minister's order :—

............................................................ ............................................................ ............................................................ .........

............................................................ ............................................................ ............................................................ .........

............................................................ ............................................................ ............................................................ .........

SECOND SCHEDULE.

DOCUMENTS AND INFORMATION TO BE SENT WHEN A PLANNING SCHEME IS SUBMITTED TO THE MINISTER FOR APPROVAL.

1. Two certified copies of the planning resolution in pursuance of which the planning scheme has been made together with a list of the members of the planning authority who voted for and (if any) against such resolution.

2. Two certified copies of the resolution of the planning authority adopting the draft scheme together with a list of the members of the planning authority who voted for and (if any) against such resolution.

3. Two certified copies of the resolution of the planning authority making the planning scheme together with a list of members of the planning authority who voted for and (if any) against such resolution.

4. Four certified copies of the planning scheme in addition to the four certified copies which are required to be sent under sub-article 2 of article 5 of these regulations.

5. Two copies of the issue of any newspaper in which any notice in relation to the proposal to make the planning scheme or to the planning scheme when made was published in pursuance of the Act or in accordance with these regulations.

6. Two certified copies of any objection to the proposals contained in the draft scheme received by the planning authority within the time specified in that behalf in the notice of the adoption of the draft scheme from any owner of property in the area for which the planning scheme is made or from any other person likely to be affected by the scheme.

7. A statement showing the action taken by the planning authority in regard to any objection mentioned in the immediately preceding paragraph, and the reasons of the planning authority for such action.

8. Where the planning scheme contains a provision expressly requiring any particular land to be acquired by a local authority for the purposes of the planning scheme, two certified copies of every notice sent to an owner of such land in pursuance of these regulations, and two certified copies of every objection to such provision received by the planning authority from such owner.

9. Two copies of any local act, provisional order, bye-law, or regulation in force in the area to which the planning scheme relates which affects or is affected by any provision in the planning scheme, together with a statement showing what provision so affects or is affected by such local act, provisional order, bye-law or regulation and in what manner.

10. Where the planning scheme contains provisions such as are referred to in Section 44 of the Act suspending the operation of any enactment or amending adapting or modifying the provisions of any enactment, a statement showing the reason for every such suspension, amendment, adaptation or modification.

11. A statutory declaration from the principal officer of the planning authority stating :—

(a) that all the requirements of the Act and of these regulations in regard to the publication and giving of notices and the making of documents available for public inspection have been complied with, and

(b) that any statements or particulars submitted to the Minister in pursuance of this Schedule are correct.