Local Government (Planning and Development) Act, 1963

Confirmation of order under section 42 of this Act.

43.—(1) As soon as may be after they have made an order under section 42 of this Act, a planning authority shall publish in one or more newspapers circulating in the area to which the order relates a notice—

(a) stating the fact of the order having been made and describing the area to which it relates,

(b) naming a place where a copy of the order and of any map referred to therein may be seen during office hours,

(c) specifying the period (not being less than one month) within and the manner in which objections to the order may be made to the planning authority,

(d) specifying that the order requires confirmation by the Minister and that, where any objections are duly made to the order and are not withdrawn, a public local inquiry will be held and the objections will be considered before the order is confirmed.

(2) As soon as may be after the said period for making objections has expired, the planning authority may submit the order made under section 42 of this Act to the Minister for confirmation, and, when making any such submission, they shall also submit to the Minister any objections to the order which have been duly made and have not been withdrawn.

(3) If no such objection as aforesaid is duly made, or if all such objections so made are withdrawn, the Minister may by order confirm the order made under section 42 of this Act with or without modifications or refuse to confirm it; but in any other case he shall, before confirming, cause a public local inquiry to be held and shall consider any objections not withdrawn and the report of the person who held the inquiry, and may then by order confirm the order with or without modifications or refuse to confirm it.

(4) Every order made under this section by the Minister shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) Any reference in this Act to a special amenity area order shall be construed as a reference to an order confirmed under this section.