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Designation of casual trading areas.
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7.—(1) (a) A local authority may designate—
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(i) any land (including a public road) in its functional area to which the public have access as of right or any land occupied by and in the functional area of the authority, or
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(ii) with the consent of another local authority, any land (including a public road) in the functional area of that other authority or any land occupied by and in the functional area of that other authority,
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as a place where casual trading may be carried on (in this Act referred to as “a casual trading area”) and may revoke a designation under this subsection.
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(b) A designation of land as a casual trading area by a local authority shall not relate to land included in a casual trading area of another local authority.
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(2) When deciding whether to designate any land as a casual trading area or to revoke a designation made under this section, a local authority shall have regard to the proper planning and development of its functional area (including the preservation and improvement of the amenities thereof), the development plan for its functional area and any special amenity order (within the meaning in each case of the Local Government (Planning and Development) Acts, 1963 and 1976) relating to its functional area, the traffic likely to be generated by the casual trading in the casual trading area and to all other matters that it considers relevant to its decision.
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(3) The Local Government (Planning and Development) Act, 1963, is hereby amended by the insertion in section 4(1) after subparagraph (h) of the following subparagraph:—
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“(hh) development consisting of the use of land for the purposes of a casual trading area (within the meaning of the Casual Trading Act, 1980);”.
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(4) The designating of land as a casual trading area shall be a reserved function within the meaning of the Cork City Management Acts, 1929 to 1971, the Local Government (Dublin) Acts, 1930 to 1971, the Limerick City Management Acts, 1934 to 1971, the Waterford City Management Acts, 1939 to 1971, and the County Management Acts, 1940 to 1972.
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(5) Whenever a local authority proposes to designate land as a casual trading area or to revoke such a designation, the local authority shall so inform the Minister for the Environment and publish notice of the proposal in at least two newspapers circulating in the area to which the proposal relates.
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(6) (a) Any person may, within a period of 21 days beginning on the date of compliance by the local authority with subsection (5) of this section, appeal to the Circuit Court against the proposal and that Court may, on the hearing of the appeal, prohibit the proposal or authorise it subject to such conditions (if any) as it may deem appropriate and specify.
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(b) Notice of an appeal under this subsection shall be given to the local authority concerned and an officer of the local authority shall be entitled to appear and be heard on the hearing of the appeal.
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(c) No appeal shall lie from a decision of the Circuit Court on an appeal under this subsection.
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(7) A local authority shall not proceed with a proposal to designate land as a casual trading area or to revoke such a designation before the expiry of 30 days from the date of compliance by the local authority concerned with subsection (5) of this section in relation to the proposal and, if an appeal is brought against the proposal, before the final determination of the appeal.
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(8) A local authority may make bye-laws in relation to the control, regulation, supervision and administration of casual trading in casual trading areas in its functional area, including bye-laws specifying the maximum area that may be occupied in a casual trading area by a person engaged in casual trading.
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