Local Government (Planning and Development) Act, 1963



Area of special amenity.

42.—(1) Where it appears to the planning authority that an area is an area of special amenity by reason of—

(a) its natural beauty, or

(b) its scenic or other amenities (including recreational utility, having regard to the open character of the area and its position in relation to centres of population or industrial or commercial development),

they may by order provide in relation to development other than exempted development—

(i) for no such development or for specified such development only being permitted under this Act in the area or any specified part of the area,

(ii) in the case of such development consisting of structures permitted under this Act, for the maximum number of structures of any specified class which may be erected, constructed or made in any specified part of the area.

(2) An order under this section shall come into operation on being confirmed, whether with or without modification, under the next section.

(3) Where the functional areas of two planning authorities are contiguous, either authority may, with the consent of the other, make an order under this section in respect of an area in or partly in the functional area of the other.

(4) Any order under this section for the time being in force may be revoked or varied by a subsequent order under this section.

(5) A planning authority shall, from time to time and at least once in every period of five years, review any order made by them under this section and for the time being in force (excepting any order merely revoking a previous order) for the purpose of deciding whether it is desirable to revoke or amend the order.

(6) The making of an order under this section shall be a reserved function.