Legalize / Ireland / Act

Local Government (Planning and Development) Act , 1963

Type Act

Publication 1963-08-07

State In force

Source Irish Statute Book

articles 92

Reform history JSON API

PART I. Preliminary and General.

1 Short title and commencement.

1.—(1) This Act may be cited as the Local Government (Planning and Development) Act, 1963.

(2) This Act shall come into operation as follows:

(a) this section shall come into operation on the passing of this Act,

(b) sections 86, 87 and 88 and subsection (5) of section 92 shall come into operation on the day fixed for that purpose by the Minister for Local Government by order,

(c) if an order is made under paragraph (a) of subsection (3) of this section, the rest of this Act shall come into operation on the day appointed by that order,

(d) if an order is not made under paragraph (a) of subsection (3) of this section, the rest of this Act shall come into operation in an area on the day appointed with respect to that area by order made under paragraph (b) of that subsection.

(3) The Minister for Local Government—

(a) may by order appoint a day to be the day appointed under this Act, or

(b) may by orders appoint two or more different days to be, with respect to different areas respectively, the days appointed under this Act.

2 Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919;

“the Act of 1934” means the Town and Regional Planning Act, 1934 (repealed by this Act);

“advertisement” means any word, letter, model, balloon, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction;

“advertisement structure” means any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for exhibiting advertisements;

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, the use of land for turbary, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

“alteration” includes any plastering or painting which materially alters the external appearance of a structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures;

“appointed day” means—

(a) if a day is appointed under paragraph (a) of subsection (3) of section 1 of this Act, that day, and

(b) if a day is not appointed under that paragraph, the day appointed under paragraph (b) of that subsection with respect to the relevant area;

“building regulations” has the meaning assigned to it by section 86;

“car park” has the same meaning as in section 101 of the Road Traffic Act, 1961;

“development” has the meaning assigned to it by section 3, and “develop” shall be construed accordingly;

“development plan” has the meaning appropriate in accordance with subsection (9) of section 19;

“exempted development” has the meaning specified in section 4;

“exhibit”, in relation to an advertisement, includes affix, inscribe, print, paint and otherwise delineate;

“fence” includes a hoarding or similar structure;

“functions” includes powers and duties;

“land” includes any structure and any land covered with water (whether inland or coastal) and, in relation to the acquisition of land, includes any interest or right in or over land (including an interest or right granted by or held from the authority acquiring the land);

“local authority” means a local authority for the purposes of the Local Government Act, 1941;

“the Minister” means the Minister for Local Government;

“non-municipal town” means a place (not being a county borough, borough, urban district or town in which the Towns Improvement (Ireland) Act, 1854, is in operation) which is designated a town in the report of the census of population taken in the year 1956;

“obsolete area” means an area consisting of land (in this definition referred to as the principal land) which, in the opinion of the planning authority, is badly laid out or the development of which has, in their opinion, become obsolete, together with such land contiguous or adjacent to the principal land as, in the opinion of the planning authority, is necessary for the satisfactory development or user of the principal land;

“owner”, in relation to land, means, a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

“prescribed” means prescribed by regulations made by the Minister;

“public place” means any street, road, seashore or other place to which the public have access whether as of right or by permission and whether subject to or free of charge;

“public road” has the same meaning as in the Road Traffic Act, 1961;

“the register” means the register kept under section 8;

“reserved function” means—

(a) with respect to the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1955, a reserved function for the purposes of the County Management Acts, 1940 to 1955,

(b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

“road” has the same meaning as in the Road Traffic Act, 1961;

“scheduled town” means—

(a) any town specified in Part I of the First Schedule to this Act, or

(b) any non-municipal town specified in Part II of that Schedule;

“seashore” has the same meaning as in the Foreshore Act, 1933;

“special amenity area order” means an order confirmed under section 43;

“statutory undertaker” means a person authorised by a British or Saorstát Éireann statute or an Act of the Oireachtas or an order having statutory force to construct, work, or carry on a railway, canal, inland navigation, dock, harbour, gas, electricity, or other public undertaking;

“structure” means any building, erection, structure, excavation, or other thing constructed, erected, or made on, in, or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situate;

“unauthorised structure” means—

(a) in relation to a structure in an area in relation to which a resolution under section 26 of the Act of 1934 was passed, a structure other than—

(i) a structure in existence when that resolution was passed,

(ii) a structure for which there was a general or special permission under that Act, being a permission which has not been revoked,

(iii) a structure the construction, erection or making of which was the subject of a permission for development granted under section 26 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out on or after the appointed day of exempted development,

(iv) a structure for the retention of which a permission was granted under section 27 of this Act, being a permission which has not been revoked,

(v) a structure which, immediately before the appointed day, had the protection afforded by section 15 of the Act of 1934, or

(b) in relation to a structure in any other area, a structure other than—

(i) a structure in existence on the commencement of the appointed day, or

(ii) a structure the construction, erection or making of which was the subject of a permission for development granted under section 26 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out on or after the appointed day of exempted development;

“unauthorised use” means, in relation to land, use commenced on or after the appointed day, the change in use being a material change and being development other than development the subject of a permission granted under section 26 of this Act or exempted development;

“use”, in relation to land, does not include the use of the land by the carrying out of any works thereon;

“works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal.

(2) In this Act “planning authority” means—

(a) in the case of a county exclusive of any borough or urban district therein, the council of the county,

(b) in the case of a county or other borough, the corporation of the borough, and

and references to the area of the planning authority shall be construed accordingly.

(3) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.

(4) Any reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.

(5) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(6) (a) A town specified in Part II of the First Schedule to this Act shall be taken for the purposes of this Act as comprising the area declared by the council of the county in which the town is situate to be comprised therein for those purposes.

(b) Declaration of any such area shall be a reserved function.

(7) In subsection (1) of section 22, subsection (1) of section 26, subsection (1) of section 27, subsection (2) of section 30, subsection (2) of section 31, subsection (2) of section 32, subsection (2) of section 33, subsection (2) of section 35, subsection (3) of section 36 and subsection (3) of section 37 of this Act—

(a) the references to the provisions of the development plan shall, until that plan is made, be construed as references to the provisions which the planning authority consider will be included in that plan;

(b) the references to the provisions of any special amenity area order relating to the area of the planning authority shall be construed as including references to any provisions which the planning authority consider will be included in a special amenity area order relating to their area.

(8) The Minister may by order vary the First Schedule to this Act by addition or deletion, but, where any such order is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

3 Development.

3.—(1) “Development” in this Act means, save where the context otherwise requires, the carrying out of any works on, in, or under land or the making of any material change in the use of any structures or other land.

(2) For the purposes of subsection (1) of this section and without prejudice to the generality thereof—

(a) where any structure or other land or any tree or other object on land becomes used for the exhibition of advertisements, or

(b) where land becomes used for any of the following purposes:

(i) the placing or keeping of any vans, tents or other objects, whether or not moveable and whether or not collapsible, for the purpose of caravanning or camping or the sale of goods,

(ii) the storage of caravans or tents,

(iii) the deposit of bodies or other parts of vehicles, old metal, mining or industrial waste, builders' waste, rubble or debris,

the use of the land shall be taken as having materially changed.

(3) For the avoidance of doubt it is hereby declared that for the purposes of this section the use as two or more dwellings of any structure previously used as a single dwelling involves a material change in the use of the structure and of each part thereof which is so used.

4 Exempted development.

4.—(1) The following shall be exempted developments for the purposes of this Act:

(a) development consisting of the use of any land for the purposes of agriculture or forestry (including afforestation), and development consisting of the use for any of those purposes of any building occupied together with land so used;

(b) development by the council of a county in the county health district;

(d) development by the council of an urban district in such district;

(e) development consisting of the carrying out by the corporation of a county or other borough or the council of a county or an urban district of any works required for the construction of a new road or the maintenance or improvement of a road;

(f) development consisting of the carrying out by any local authority or statutory undertaker of any works for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, cables, overhead wires, or other apparatus, including the breaking open of any street or other land for that purpose;

(g) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures;

(h) development consisting of the use of any structure or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(i) development consisting of the carrying out of any of the works referred to in the Land Reclamation Act, 1949.

(2) (a) The Minister may by regulations provide for any class of development being exempted development for the purposes of this Act and such provision may be either without conditions or subject to conditions and either general or confined to a particular area or place.

(b) Regulations under this subsection may, in particular and without prejudice to the generality of the foregoing paragraph, provide, in the case of structures or other land used for a purpose of any specified class, for the use thereof for any other purpose being exempted development for the purposes of this Act.

(3) References in this Act to exempted development shall be construed as references to development which is—

(a) any of the developments specified in subsection (1) of this section, or

(b) development which, having regard to any regulations under subsection (2) of this section, is exempted development for the purposes of this Act.

5 References to the Minister.

5.—(1) If any question arises as to what, in any particular case, is or is not development or exempted development, the question shall be referred to and decided by the Minister.

(2) Where a decision is given under this section, an appeal to the High Court from the decision may be taken at any time within the period of three months after the giving of the decision or such longer period as the High Court may in any particular case allow.

6 Power of examination, investigation and survey.

6.—(1) A planning authority shall have all such powers of examination, investigation and survey as may be necessary for the performance of their functions in relation to this Act or to any other Act under which they have functions affected by the performance of their functions under this Act.

(2) In particular and without prejudice to the generality thereof, subsection (1) of this section shall be construed as conferring powers to make—

(a) examinations of tourist potential, interest and need,

(b) land use surveys,

7 Service of notices, etc.

7.—(1) Where a notice or copy of an order is required or authorised by this Act or any order or regulation made thereunder to be served on or given to a person, it shall be addressed to him and shall be served on or given to him in some one of the following ways:

(a) where it is addressed to him by name, by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be given or served in respect of any land or premises, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.

(2) Where a notice or copy of an order is required by this Act or any order or regulation made thereunder to be served on or given to the owner or to the occupier of any land or premises and the name of the owner or of the occupier (as the case may be) cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier” (as the case may require) without naming him.

(3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1959, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) Where a notice or copy of an order is served on or given to a person by affixing it under paragraph (d) of subsection (1) of this section, a copy of the notice or order shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided.

(5) A person who, at any time during the period of three months after a notice is affixed under paragraph (d) of subsection (1) of this section, removes, damages or defaces the notice without lawful authority shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(6) Where the Minister is satisfied that reasonable grounds exist for dispensing with the serving or giving under this Act or under any order or regulation made thereunder of a notice or copy of an order and that dispensing with the serving or giving of the notice or copy will not cause injury or wrong, he may dispense with the serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof.

(7) A dispensation under the foregoing subsection may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent.

8 Register.

8.—(1) A planning authority shall keep a register (in this Act referred to as the register) for the purposes of this Act in respect of all land within their area affected by this Act, and shall make all such entries and corrections therein as may from time to time be appropriate in accordance with this Act and any regulations made thereunder.

(2) The register shall incorporate a map for enabling a person to trace any entry in the register.

(3) The register shall be kept at the offices of the planning authority and shall be available for inspection during office hours.

(4) (a) A document purporting to be a copy of an entry in the register and to be certified by an officer of the planning authority as a correct copy shall be prima facie evidence of the entry and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.

(b) Evidence of an entry in the register may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the register itself.

(c) Where application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him to the planning authority of a fee of ten shillings in respect of each entry.

9 Obligation to give information to planning authority.

9.—(1) A planning authority may, for any purpose arising in relation to their functions under this Act, by notice in writing require the occupier of any structure or other land or any person receiving, whether for himself or for another, rent out of any structure or other land to state in writing to such authority, within a specified time not less than fourteen days after being so required, particulars of the estate, interest, or right by virtue of which he occupies such structure or other land or receives such rent (as the case may be), and the name and address (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such structure or other land.

(2) Every person who is required under this section to state in writing any matter or thing to a planning authority and either fails so to state such matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his knowledge false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty pounds.

10 Regulations generally.

10.—(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations.

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

11 Repeals.

11.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

PART II. Financial Provisions.

12 Expenses of administration of Minister.

12.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas.

13 Charging of expenses of planning authority who are council of a county.

13.—Expenses under this Act of a planning authority who are the council of a county shall be charged on the county (exclusive of every borough and urban district therein).

14 Assistance by planning authority in certain cases.

14.—(1) A planning authority may assist any of the bodies and persons specified in subsection (2) of this section by helping the body or person in money or kind or by the provision of services or facilities (including the services of staff).

(2) The bodies and persons referred to in subsection (1) of this section are:

(a) a local development association,

(b) a company under the Companies Acts, 1908 to 1959, having as one of its objects the object of providing amenities and facilities at tourist resorts and developing tourist traffic at or to such resorts,

(c) a body or person concerned, with respect to the area of the planning authority, in the preservation or development of amenities (including the preservation of flora and fauna and of buildings, caves, sites, features and objects of artistic, architectural, archaeological, geological or historical interest) or in the carrying out of works of local improvement (including parking places) or maintenance of amenities,

(d) in case the planning authority are the council of a county, the commissioners of a town in the county having commissioners.

(3) Assisting under this section shall be a reserved function.

15 Contribution towards training and research.

15.—(1) A planning authority may, within such limits and on such conditions as may be fixed by the Minister from time to time, contribute to the funds of any body which provides for training and research in relation to town and regional planning.

(2) Contributing under this section shall be a reserved function.

16 Apportionment of joint expenses.

16.—(1) Two or more planning authorities may make and carry out an agreement for sharing the cost of performing all or any of their functions under this Act and, where an agreement has been made under this subsection, the planning authorities concerned may terminate it at any time if they so agree.

(2) Where the Minister is satisfied that a planning authority propose to perform in their area a function under this Act wholly or partially in the interests of the area of, or at the request of, another planning authority (being a planning authority whose area is contiguous with the area of the first-mentioned planning authority), the other planning authority shall defray the cost of the performance of the function to such extent as may be agreed upon between the authorities or, in default of agreement, as may be determined by the Minister.

(3) The making of an agreement under this section shall be a reserved function.

17 Power to set off.

17.—Where a sum is due under this Act to any person by a planning authority and, at the same time, another sum under this Act is due by that person to that authority, the former sum may be set off against the latter either, as may be appropriate, in whole or in part.

18 Payment of sum to or by appellant.

18.—(1) Where an appeal is made to the Minister under this Act or under any order under this Act against a decision of a planning authority—

(a) the Minister, if he so thinks proper and irrespective of the result of the appeal, may direct the planning authority to pay—

(i) to the appellant, such sum as the Minister, in his absolute discretion, specifies as compensation to the appellant for the expense occasioned to him in relation to the appeal,

(ii) to the Minister, such sum as, in his absolute discretion, he specifies as compensation to him towards the expense incurred by him in relation to the hearing of the appeal;

(b) if, but only if, the appeal fails, the Minister, if he so thinks proper, may direct the appellant to pay—

(i) to the planning authority, such sum as the Minister, in his absolute discretion, specifies as compensation to the planning authority for the expense occasioned to them in relation to the appeal,

(ii) to the Minister, such sum as, in his absolute discretion, he specifies as compensation to him towards the expense incurred by him in relation to the hearing of the appeal.

(2) Any sum directed under this section to be paid shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

PART III. Development Plans.

19 Obligation to make development plan and contents of plan.

19.—(1) Every planning authority shall, within the period of three years beginning on the appointed day (or such longer period as the Minister may in any particular case allow), make a plan indicating development objectives for their area.

(2) A development plan shall consist of a written statement and a plan indicating the development objectives for the area in question, including objectives—

(a) with respect to county boroughs, boroughs, urban districts and scheduled towns—

(i) for the use solely or primarily (as may be indicated in the development plan) of particular areas for particular purposes (whether residential, commercial, industrial, agricultural or otherwise),

(ii) for securing the greater convenience and safety of road users and pedestrians by the provision of parking places or road improvements or otherwise,

(iii) for development and renewal of obsolete areas,

(iv) for preserving, improving and extending amenities;

(b) with respect to other areas—

(i) for development and renewal of obsolete areas,

(ii) for preserving, improving and extending amenities,

(iii) for the provision of new water supplies and sewerage services and the extension of existing such supplies and services.

(3) Without prejudice to the foregoing subsection and subsection (5) of this section, a development plan may indicate the objectives for any of the purposes mentioned in the Third Schedule to this Act and, with respect to areas other than county boroughs, boroughs, urban districts and scheduled towns, objectives for the use solely or primarily (as may be indicated in the development plan) of particular areas for particular purposes (whether residential, commercial, industrial, agricultural or otherwise).

(4) Where a planning authority propose to include in a development plan any development objective the responsibility for the effecting of which would fall on another local authority, the planning authority shall not include that objective in the plan save after consultation with the other local authority.

(5) A planning authority may make either—

(a) one development plan, being a plan in relation to the whole of their area and all the subparagraphs in paragraph (a) and, where appropriate, paragraph (b) of subsection (2) of this section, or

(b) two or more development plans, each plan being a plan in relation to the whole of their area and some one or more of those subparagraphs or to a part of their area and all or some one or more of those subparagraphs.

(6) (a) The making of an application to the Minister for the allowance of such a longer period as is referred to in subsection (1) of this section shall be a reserved function.

(b) Where a planning authority have applied to the Minister for the allowance of such a longer period as is referred to in subsection (1) of this section, they shall cause notice of the application to be published in at least one newspaper circulating in their area and in the Iris Oifigiúil.

(i) shall specify the longer period applied for, and

(ii) shall state that objections with respect to the application made to the Minister within a specified period of not less than one month will be taken into consideration before the grant of the application (and such objections shall be taken into consideration accordingly).

(7) The making of a development plan or any variations of any such plan shall be a reserved function.

(8) Regulations may make provision with respect to the making available for purchase by the public of printed copies of development plans and extracts therefrom.

(9) (a) Any reference in this Act to a development plan shall be construed as a reference to a plan under subsection (1) of this section (subject to any variations thereof).

(b) In this Act “the development plan” means the plan or plans under subsection (1) of this section of the relevant planning authority (subject to any variations thereof).

20 Obligation to review development plan and variations of plan.

20.—(1) Where a planning authority have made a development plan, they shall, from time to time as occasion may require and at least once in every five years after the date of making of the plan, review the plan and make in it any variations (whether by way of alteration, addition or deletion) which they consider proper.

(2) Where a planning authority have completed the discharge of their obligations under section 19 of this Act by making two or more plans as provided for by paragraph (b) of subsection (5) of that section, the periods of five years referred to in subsection (1) of this section shall run from the date of making the last of such plans.

21 Publication of notices with respect to plans, etc.

21.—(1) Where a planning authority have prepared a draft of a proposed development plan or of proposed variations of a development plan—

(a) they shall send copies of the prescribed documents to the prescribed authorities,

(b) they shall cause notice of the preparation of the draft to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area,

(c) where the draft includes any provision relating to any structure proposed to be preserved because of its artistic, historic or architectural interest, they shall serve notice (which shall incorporate particulars of the provision) of the preparation of the draft on the owner and on the occupier of the structure,

(d) where the draft includes any provision relating to the preservation of a public right of way, they shall serve notice (which shall incorporate particulars of the provision and a map indicating the right of way) of the preparation of the draft on the owner and on the occupier of the land.

(2) A notice under the foregoing subsection shall state—

(a) that a copy of the draft may be inspected at a stated place and at stated times during a stated period of not less than three months (and the copy shall be kept available for inspection accordingly), and

(b) that objections or representations with respect to the draft made to the planning authority within the said period will be taken into consideration before the making of the plan or variations (and any such objections or representations shall be taken into consideration accordingly), and

(c) that any ratepayer making objection with respect to the draft may include in his objection a request to be afforded an opportunity to state his case before a person or persons appointed by the planning authority (and such opportunity shall be afforded to such objector and his statement shall be considered together with his objection),

and, in the case of a notice served pursuant to paragraph (d) of subsection (1) of this section, the notice shall also state that the draft includes provision relating to the preservation of the public right of way and that there is a right of appeal to the Circuit Court in relation to such provision.

(3) Any person may, before the expiration of the twenty-one days next following the period stated pursuant to paragraph (a) of subsection (2) of this section, appeal to the Circuit Court against the inclusion in the proposed plan or variations of any such provision as is referred to in paragraph (d) of subsection (1) of this section, and the Court, if satisfied that no public right of way subsists, shall so declare and the provision shall accordingly not be included.

(4) Where a planning authority make a development plan or variations of any such plan, they shall cause a notice of the making to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area.

(5) A notice under the foregoing subsection shall state that a copy of the plan or variations is available for inspection at a stated place and at stated times (and the copy shall be kept available for inspection accordingly).

(6) (a) A document purporting to be a copy of the development plan or of a part thereof and to be certified by an officer of a planning authority as a correct copy shall be prima facie evidence of the plan or part, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.

(b) Evidence of a development plan or any part thereof may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.

(c) Where application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him to the planning authority of such fee as they may fix not exceeding the reasonable cost of making the copy.

22 General duty of planning authority.

22.—(1) It shall be the duty of a planning authority to take such steps as may be necessary for securing the objectives which are contained in the provisions of the development plan.

(2) The Minister may require the development plans of two or more planning authorities to be co-ordinated in respect of matters and in a manner specified by him and thereupon—

(a) the authorities shall comply with the requisition, and

(b) any dispute between them arising out of any matters inserted or to be inserted in a development plan shall be determined by the Minister.

(3) The Minister may require a planning authority to vary the development plan in respect of matters and in a manner specified by him and thereupon it shall be the duty of the authority to comply with the requisition.

(4) Subsection (3) of this section shall have effect subject to the proviso that where the planning authority, as a result of considering pursuant to paragraph (b) of subsection (2) of section 21 of this Act any objection or representation, decide, with the consent of the Minister, that the proposed variations should be altered in any respect, they may make the variations subject to that alteration.

23 Preparation and publication of model forms of development plans.

23.—The Minister may, as and when he thinks fit, prepare and publish, for the use and guidance of planning authorities and other persons interested, general instructions in relation to the preparation of development plans, together with model forms of development plans and of provisions and clauses usually inserted in such plans.

PART IV. Control of Development and of Retention of Certain Structures, etc.

24 General obligation to obtain permissions.

24.—(1) Subject to the provisions of this Act, permission shall be required under this Part of this Act—

(a) in respect of any development of land, being neither exempted development nor development commenced before the appointed day, and

(b) in the case of a structure which existed immediately before the appointed day and is on the commencement of that day an unauthorised structure, for the retention of the structure.

(2) A person shall not carry out any development in respect of which permission is required by subsection (1) of this section save under and in accordance with a permission granted under this Part of this Act.

(3) Any person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the contravention is so continued.

(4) In a prosecution for an offence under this section—

(a) it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the development in question was neither exempted development nor development commenced before the appointed day,

(b) it shall be a good defence if the defendant produces a permission which, by virtue of subsection (1) of section 28 of this Act, was granted in respect of the development complained of.

25 Permission regulations.

25.—(1) The Minister shall by regulations (in this Act referred to as permission regulations) provide for—

(a) the grant of permissions for the development of land, and

(b) the grant of permissions for the retention of structures which existed immediately before the appointed day and are on that day unauthorised structures,

and such permissions may be granted on an application in that behalf made to the planning authority in accordance with the provisions of the regulations and subject to any requirements of or made pursuant to the regulations being complied with by the applicant.

(2) Regulations under this section may, in particular and without prejudice to the generality of the foregoing subsection, make provision for—

(a) applications, expressed to be outline applications, for permissions for development subject to the subsequent approval of the planning authority,

(b) requiring any applicants to publish any specified notices with respect to their applications,

(c) requiring any applicants to furnish to the Minister and to any other specified persons any specified information with respect to their applications,

(d) requiring any applicants to submit any further information relative to their applications (including any information as to any estate or interest in or right over land),

(e) requiring the production of any evidence to verify any particulars of information given by any applicants,

(f) requiring planning authorities to furnish to the Minister and to any other specified persons any specified information with respect to any applications and the manner in which they have been dealt with,

(g) requiring planning authorities to publish any specified notices with respect to any applications or decisions on applications.

26 Permission for development.

26.—(1) Where—

(a) application is made to a planning authority in accordance with permission regulations for permission for the development of land or for an approval required by such regulations, and

(b) any requirements relating to the application of or made under such regulations are complied with,

the authority may decide to grant the permission or approval subject to or without conditions or to refuse it; and in dealing with any such application the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the matters referred to in subsection (2) of this section.

(2) Conditions under subsection (1) of this section may, without prejudice to the generality of that subsection, include all or any of the following conditions:

(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant, so far as appears to the planning authority to be expedient for the purposes of or in connection with the development authorised by the permission,

(b) conditions for requiring the carrying out of works (including the provision of car parks) which the planning authority consider are required for the purposes of the development authorised by the permission,

(d) conditions for requiring the planting of trees, shrubs or other plants or the landscaping of structures or other land,

(e) conditions for requiring the giving of security for satisfactory completion of the proposed development (including maintenance until taken in charge by the local authority concerned of roads, open spaces, car parks, sewers, watermains or drains),

(f) conditions for requiring roads, open spaces, car parks, sewers, watermains or drains in excess of the immediate needs of the proposed development,

(g) conditions for requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land and expenditure consisting of a payment under subsection (7) of this section) that was incurred by any local authority in respect of works (including the provision of open spaces) which have facilitated the proposed development, being works commenced neither earlier than the 1st day of August, 1962, nor earlier than seven years before the grant of permission for the development,

(h) conditions for requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land) that is proposed to be incurred by any local authority in respect of works (including the provision of open spaces) facilitating the proposed development, subject to stipulations providing for—

(i) where the proposed works are, within a specified period, not commenced, the return of the contribution or the instalments thereof paid during that period (as may be appropriate),

(ii) where the proposed works are, within the said period, carried out in part only or in such manner as to facilitate the proposed development to a lesser extent, the return of a proportionate part of the contribution or the instalments thereof paid during that period (as may be appropriate), and

(iii) payment of interest on the contribution or any instalments thereof that have been paid (as may be appropriate) so long as and in so far as it is or they are retained unexpended by the local authority,

(i) conditions for requiring compliance in respect of the land with any rules made by the planning authority under subsection (6) of this section,

(j) conditions for requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land so authorised, at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period.

(3) (a) A planning authority shall not, in a case in which the development concerned would contravene materially the development plan or any special amenity area order relating to their area, decide to grant a permission under this section save with the consent of the Minister.

(b) Where an application is made to the Minister for a consent under this subsection, any person may furnish to the Minister in writing his objections to the grant of the consent, and the Minister shall, before granting the consent, consider any such objections which he receives within twenty-one days after the receipt of the application.

(4) (a) Where—

(i) an application is made to a planning authority in accordance with permission regulations for permission under this section or for an approval required by such regulations,

(ii) any requirements relating to the application of or made under such regulations are complied with, and

(iii) the planning authority do not give notice to the applicant of their decision within the appropriate period,

a decision by the planning authority to grant the permission or approval shall be regarded as having been given on the last day of that period.

(b) In paragraph (a) of this subsection “the appropriate period” means—

(i) in case any notice or notices requiring the applicant to publish any notice, to give further information or to produce evidence in respect of the application has or have been served by the planning authority pursuant to permission regulations within the period of two months beginning on the day of receipt by the planning authority of the application—within the period of two months beginning on the day on which the notice or notices has or have been complied with,

(ii) in case an application is made to the Minister for consent under subsection (3) of this section—within the period of seven days beginning on the day of receipt by the planning authority of notification of the Minister's decision,

(iii) in any other case—within the period of two months beginning on the day of receipt by the planning authority of the application.

(5) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Minister against a decision of a planning authority under this section.

(b) Where an appeal is brought under this subsection from a decision of a planning authority and is not withdrawn, the Minister shall determine the application as if it had been made to him in the first instance and his decision shall operate to annul the decision of the planning authority as from the time when it was given; and the provisions of subsections (1) and (2) of this section shall apply, subject to any necessary modifications, in relation to the determination of an application by the Minister on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(i) in case the appellant is the applicant—the period of one month beginning on the day of receipt by him of the decision,

(ii) in any other case—the period of twenty-one days beginning on the day of the giving of the decision.

(6) A planning authority may make rules for regulating the manner in which advertisement structures are to be affixed to structures or other land.

(7) In a case in which a condition referred to in paragraph (f) of subsection (2) of this section is attached to any permission or approval granted under this section, a contribution towards such of the relevant roads, open spaces, car parks, sewers, watermains or drains as are constructed shall be made by the local authority who will be responsible for their maintenance, and the contribution shall be such as may be agreed upon between that local authority and the person carrying out the works or, in default of agreement, as may be determined by the Minister.

(8) A decision given under this section (whether on the original application or on appeal) by which any permission or approval is refused or is granted subject to conditions, and the notification of such decision, shall comprise a statement specifying the reasons for the refusal or the imposition of the conditions.

(9) (a) Where the planning authority decide under this section to grant a permission or approval—

(i) in case no appeal is taken against the decision, they shall make the grant as soon as may be after the expiration of the period for the taking by the applicant of an appeal or, in a case to which subsection (4) of this section applies, of the period for the taking of an appeal otherwise than by the applicant,

(ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless the appeal or appeals is or are withdrawn and, in that case, they shall make the grant as soon as may be after the withdrawal.

(b) Where the Minister decides on appeal under this section to grant a permission or approval, he shall make the grant as soon as may be after the decision.

(10) (a) Where a permission or approval is granted under this section subject to any one or more of the conditions referred to in paragraphs (e), (g) and (h) of subsection (2) of this section, the permission or approval shall be of no effect and shall be disregarded until the condition or conditions has or have been complied with.

(b) Paragraph (a) of this subsection shall not apply where a condition referred to in paragraph (g) or (h) of subsection (2) of this section requires a contribution by instalments except in respect of development which is the subject of the permission or approval and is carried out after default in paying an instalment of the contribution.

(11) A person shall not be entitled solely by reason of a permission or approval under this section to carry out any development.

27 Permission for retention of structures.

27.—(1) Where, with respect to a structure which existed immediately before the appointed day and which is on the commencement of that day an unauthorised structure,—

(a) application is made to the planning authority in accordance with permission regulations for permission for the retention of the structure, and

(b) any requirements relating to the application of or made under such regulations are complied with,

the authority may decide to grant the permission subject to or without conditions or to refuse it; and in dealing with any such application the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(2) Conditions under subsection (1) of this section may, without prejudice to the generality of that subsection, include all or any of the following conditions:

(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the structure and which is under the control of the applicant, so far as appears to the planning authority to be expedient for the purposes of or in connection with the retention of the structure,

(b) conditions for requiring the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(d) conditions for requiring the planting of trees, shrubs or other plants or the landscaping of the structure or other land,

(e) conditions for requiring compliance in respect of the structure with any rules made by the planning authority under subsection (6) of section 26 of this Act,

(f) conditions for requiring the removal of the structure at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period.

(3) (a) Where—

(i) an application is made to a planning authority in accordance with permission regulations for permission under this section,

(ii) any requirements relating to the application of or made under such regulations are complied with, and

(iii) the planning authority do not give notice to the applicant of their decision within the appropriate period,

a decision by the planning authority to grant the permission shall be regarded as having been given on the last day of that period.

(b) In paragraph (a) of this subsection “the appropriate period” means—

(ii) in any other case, within the period of two months beginning on the day of receipt by the planning authority of the application.

(4) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Minister against a decision of a planning authority under this section.

(i) in case the appellant is the applicant—the period of one month beginning on the day of receipt by him of the decision,

(ii) in any other case—the period of twenty-one days beginning on the day of the giving of the decision.

(5) A decision given under this section (whether on the original application or on appeal) by which permission is refused or is granted subject to conditions, and the notification of such decision, shall comprise a statement of the reasons for the refusal or the imposition of conditions.

(6) (a) Where the planning authority decide under this section to grant a permission—

(i) in case no appeal is taken against the decision, they shall make the grant as soon as may be after the expiration of the period for the taking by the applicant of an appeal or, in a case to which subsection (3) of this section applies, of the period for the taking of an appeal otherwise than by the applicant,

(b) Where the Minister decides on appeal under this section to grant a permission, he shall make the grant as soon as may be after the decision.

(7) A person shall not be entitled solely by reason of a permission under this section to retain any structure.

28 Supplemental provisions as to grant of permission.

28.—(1) The power to grant permission to develop land under this Part of this Act shall include power to grant permission for the retention on land of any structures constructed, erected or made on, in, or under the land on or after the appointed day and before the date of the application, or for the continuance of any use of land instituted on or after the appointed day and before the date of the application (whether without permission granted under this Part of this Act or in accordance with permission so granted for a limited period only); and references in this Part of this Act to permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly.

(2) Any such permission as is mentioned in subsection (1) of this section may be granted so as to take effect from the date on which the structures were constructed, erected or made, or the use was instituted, or from the expiration of the said period, as the case may be.

(3) Where permission has been granted by virtue of subsection (1) of this section for the retention on land of any structures, or for the continuance of the use of land, subject to any condition, the references in subsections (1) and (3) of section 31 of this Act to any conditions subject to which permission was granted in respect of any development include references to any such condition.

(4) The power conferred by subsection (1) of this section is exercisable not only where development has been carried out without permission or where previous permission has been granted for a limited period only, but also so as to permit the retention of structures or the continuance of any use of land without complying with some condition subject to which a previous permission under this Part of this Act was granted.

(5) Where permission to develop land or for the retention of a structure is granted under this Part of this Act, then, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land or structure and of all persons for the time being interested therein, but without prejudice to the provisions of this Part of this Act with respect to the revocation and modification of permissions granted thereunder.

(6) Where permission is granted under this Part of this Act for the construction, erection or making of a structure, the grant of permission may specify the purposes for which the structure may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the structure for the purpose for which it is designed.

(7) (a) Where permission to develop land is granted under this Part of this Act for a limited period only, nothing in this Part of this Act shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

(b) In determining for the purposes of this subsection the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land begun in contravention of the provisions of this Part of this Act.

29 Obligation to purchase land on refusal of permission in certain cases.

29.—(1) Where, in a case determined on an appeal under this Part of this Act, permission to develop any land has been refused or has been granted subject to conditions, then, if the owner of the land claims—

(a) that the land has become incapable of reasonably beneficial use in its existing state, and

(b) that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which permission has been granted under this Part of this Act, or for which the planning authority have undertaken to grant such permission, and

(c) in a case where permission to develop the land was granted as aforesaid subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions,

he may, at any time within the period of six months after the decision (or such longer period as the Minister may allow), serve on the planning authority a notice (hereafter in this section referred to as a purchase notice) requiring the planning authority to purchase his interest in the land in accordance with the provisions of this section.

(2) The planning authority on whom a purchase notice is served under this section shall, before the end of the period of three months beginning with the date of the service of that notice, serve on the owner by whom the purchase notice was served a notice stating either—

(a) that the authority are willing to comply with the purchase notice, or

(b) that, for reasons specified in the notice under this subsection, the authority are not willing to comply with the purchase notice and that they have transmitted a copy of the purchase notice and a copy of the notice under this subsection to the Minister.

(3) Where the planning authority upon whom a purchase notice is served under this section have served on the owner by whom the purchase notice was served a notice in accordance with paragraph (a) of subsection (2) of this section, it shall be the duty of the authority to acquire the interest of the owner and, for that purpose, the latter notice shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision made by the planning authority pursuant to subsection (1) of section 10 of the Local Government (No. 2) Act, 1960, had been duly made and confirmed.

(4) Where a purchase notice is served on a planning authority under this section and the authority propose to serve on the owner a notice in accordance with paragraph (b) of subsection (2) of this section, they shall transmit a copy of that notice and copy of the purchase notice to the Minister, and subject to the following provisions of this section the Minister shall, if he is satisfied that the conditions specified in paragraphs (a) to (c) or paragraphs (a) and (b) (as may be appropriate) of subsection (1) of this section are fulfilled, confirm the purchase notice, and thereupon it shall be the duty of the planning authority to acquire the interest of the owner, and for that purpose,—

(a) the planning authority shall serve on the owner a notice stating that they propose to comply with the purchase notice,

(b) the notice so served shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision by the planning authority pursuant to subsection (1) of Section 10 of the Local Government (No. 2) Act, 1960, had been duly made and confirmed:

Provided that—

(i) if it appears to the Minister to be expedient so to do, he may, in lieu of confirming the purchase notice, grant permission for the development in respect of which the application was made or, where permission for that development was granted subject to conditions, revoke or amend the conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development;

(ii) if it appears to the Minister, that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which permission ought to be granted, he may, in lieu of confirming the notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that such permission shall, subject to the provisions of this Act, be granted in the event of an application being made in that behalf.

(5) If within the period of six months from the end of the period specified in subsection (2) of this section, or the date on which a copy of the purchase notice is transmitted to the Minister, whichever is the earlier, the Minister has neither confirmed the notice nor taken any such other action as is mentioned in paragraph (i) or paragraph (ii) of the proviso to subsection (4) of this section, nor notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the expiration of that period, and it shall be the duty of the planning authority on whom the notice was served to acquire the interest of the owner and, for that purpose,—

(a) the planning authority shall serve on the owner a notice stating that they propose to comply with the purchase notice,

(b) the notice so served shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision made by the planning authority pursuant to subsection (1) of section 10 of the Local Government (No. 2) Act, 1960, had been duly made and confirmed.

(6) Where, for the purpose of determining whether the conditions specified in paragraphs (a) to (c) or paragraphs (a) and (b) (as may be appropriate) of subsection (1) of this section are fulfilled in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of development of any class which is not exempted development.

30 Revocation and modification of permission.

30.—(1) Subject to the provisions of this section, if the planning authority decide that it is expedient that any permission to develop land granted under this Part of this Act should be revoked or modified, they may, by notice served on the owner and on the occupier of the land affected and on any other person who in their opinion will be affected by the revocation or modification, revoke or modify the permission.

(2) In deciding, pursuant to this section, whether it is expedient to serve a notice under this section, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(3) Any person on whom a notice under this section is served may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(4) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (2) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by a planning authority.

(5) The power conferred by this section to revoke or modify permission to develop land may be exercised—

(a) where the permission relates to the carrying out of works, at any time before those works have been commenced or, in the case of works which have been commenced and which, consequent on the making of a variation in the development plan, will contravene such plan, at any time before those works have been completed,

(b) where the permission relates to a change of the use of any land, at any time before the change has taken place,

but the revocation or modification of permission for the carrying out of works shall not affect so much of the works as has been previously carried out.

(6) The provisions of section 29 of this Act shall apply in relation to a notice under this section revoking permission to develop land or modifying any such permission by the imposition of conditions and which is confirmed on appeal (whether with or without modification), as they apply in relation to the refusal of an application for such permission or the grant of such an application subject to conditions, and in any such case the said section 29 shall have effect subject to the following modifications:

(i) in paragraph (c) of subsection (1), for “in a case where permission to develop the land was granted as aforesaid subject to conditions” there shall be substituted “in a case where the permission was modified by the imposition of conditions”;

(ii) for paragraph (i) of the proviso to subsection (4) there shall be substituted the following paragraph:

“(i) if it appears to the Minister to be expedient so to do he may, in lieu of confirming the purchase notice, cancel the notice revoking the permission or, where the notice modified the permission by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the development in respect of which the permission was granted.”

(7) A notice under this section shall state the reasons for which it is given and particulars of it shall be entered in the register.

(8) The revocation or modification under this section of a permission shall be a reserved function.

31 Enforcement of planning control (development).

31.—(1) (a) Where any development of land, being neither exempted development nor development commenced before the appointed day, has been carried out after the appointed day without the grant of permission required in that behalf under this Part of this Act, or any condition subject to which such permission was granted in respect of any development has not been complied with, the planning authority within five years of such development being carried out, or, in case of non-compliance with a condition, within five years after the appropriate date, may, if they decide that it is expedient so to do, and shall, if they are directed by the Minister so to do serve on the owner and on the occupier of the land a notice under this section.

(b) In the foregoing paragraph “the appropriate date” means, in relation to a condition, the date specified in the condition (or in default of being specified in the condition, specified by notice served by the planning authority on the owner and on the occupier of the land) as the latest date for compliance with the condition.

(2) The planning authority, in deciding whether it is expedient to serve a notice under paragraph (a) of subsection (1) of this section, and the Minister, in deciding whether he will direct the planning authority to serve such a notice, shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and, in a case of non-compliance with a condition, the terms of the permission.

(3) Any notice served under paragraph (a) of subsection (1) of this section (hereafter in this section referred to as an enforcement notice) shall specify the development which is alleged to have been carried out without the grant of such permission as aforesaid or, as the case may be, the matters in respect of which it is alleged that any such condition as aforesaid has not been complied with, and may require such steps as may be specified in the notice to be taken within such period as may be so specified for restoring the land to its condition before the development took place, or for securing compliance with the condition, as the case may be; and, in particular, any such notice may, for the purpose aforesaid, require the removal or alteration of any structures, the discontinuance of any use of land or the carrying out on land of any works.

(4) An enforcement notice shall take effect at the expiration of such period (not being less than one month after the service thereof) as may be specified therein.

(5) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken (other than the discontinuance of any use of land) have not been taken, the planning authority may enter on the land and take such steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the land any expenses reasonably incurred by them in that behalf.

(6) Any expenses incurred by the owner or occupier of any land for the purpose of complying with an enforcement notice in respect of any development, and any sums paid by the owner of any land under the foregoing subsection in respect of the expenses of the planning authority in taking steps required to be taken by such a notice, shall be deemed to be incurred or paid for the use and at the request of the person by whom the development was carried out.

(7) An enforcement notice may be served whether or not there has been a prosecution under section 24 of this Act in relation to the relevant development.

(8) Where, by virtue of an enforcement notice, any use of land is required to be discontinued, or any condition is required to be complied with in respect of any use of land or in respect of the carrying out of any works thereon, then, if any person, without the grant of permission in that behalf under this Part of this Act, uses the land or causes or permits the land to be used, or carries out or causes or permits to be carried out those works, in contravention of the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds, and if the use or carrying out of works in contravention of the notice is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which such use or carrying out of works is so continued.

(9) Nothing in this Part of this Act shall be construed as requiring permission to be obtained thereunder for the use of any land for the purpose for which it could lawfully have been used under this Part of this Act if the development in respect of which an enforcement notice is served had not been carried out.

(10) Particulars of an enforcement notice shall be entered in the register.

32 Enforcement of planning control (retention of structure).

32.—(1) (a) Where any condition subject to which a permission for the retention of a structure was granted under this Part of this Act has not been complied with, the planning authority may within five years after the appropriate date, if they decide that it is expedient so to do, serve on the owner and on the occupier of the structure a notice under this section.

(b) In the foregoing paragraph “the appropriate date” means, in relation to a condition, the date specified in the condition (or, in default of being specified in the condition, specified by notice served by the planning authority on the owner and on the occupier of the structure) as the latest date for compliance with the condition.

(2) In deciding, pursuant to this section, whether it is expedient to serve a notice under paragraph (a) of subsection (1) of this section, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the terms of any permission granted.

(3) Any notice served under paragraph (a) of subsection (1) of this section (hereafter in this section referred to as an enforcement notice) shall specify the matters in respect of which it is alleged that any such condition as aforesaid had not been complied with, and may require such steps as may be specified in the notice to be taken within such period as may be so specified for compliance with the condition; and, in particular, any such notice may, for the purpose aforesaid, require the removal of the structure or require all or any of the following:

(a) the alteration of the structure,

(b) the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(d) the planting of trees, shrubs or other plants or the landscaping of the structure or other land.

(4) An enforcement notice shall take effect at the expiration of such period (not being less than one month after the service thereof) as may be specified therein.

(5) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, the planning authority may enter on the structure and take those steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the structure any expenses reasonably incurred by them in that behalf.

(6) Particulars of an enforcement notice shall be entered in the register.

33 Enforcement of planning control (structure which is unauthorised structure on commencement of appointed day).

33.—(1) Where a structure which existed immediately before the appointed day is on the commencement of that day an unauthorised structure, the planning authority at any time within five years after the appointed day (subject to the structure's remaining at that time an unauthorised structure) may, if they decide that it is expedient so to do, and, subject to subsection (9) of this section, shall, if they are directed by the Minister so to do, serve a notice under this section on the owner and on the occupier of the structure.

(2) The planning authority, in deciding whether it is expedient to serve a notice under this section, and the Minister, in deciding whether he will direct the planning authority to serve such a notice, shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(3) Any notice served under this section (hereafter in this section referred to as an enforcement notice) may require the removal of the structure or require all or any of the following:

(a) the alteration of the structure,

(b) the carrying out of works (including the provision of car parks) which the planning authority consider are required if the retention of the structure is to be permitted,

(d) the planting of trees, shrubs or other plants or the landscaping of the structure or other land.

(4) Where an enforcement notice is served, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(5) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (2) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by a planning authority.

(6) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(7) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, the planning authority may enter on any structure and take those steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the structure any expenses reasonably incurred by them in that behalf.

(8) Particulars of an enforcement notice shall be entered in the register.

(9) Where any such direction as is referred to in subsection (1) of this section is proposed to be given by the Minister, a draft thereof shall be laid before each House of the Oireachtas and the direction shall not be given until a resolution approving of the draft has been passed by each such House.

34 Liability of owner of land for failure to comply with requirements of enforcement notice other than discontinuance of use of land.

34.—(1) Subject to the provisions of this section, where an enforcement notice (other than a notice which has been annulled) has been served under any of the last three preceding sections on the person who was, when the notice was served on him, the owner of the land to which the enforcement notice relates and within the period specified in the enforcement notice, or within such extended period as the planning authority may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(2) If a person against whom proceedings are brought under this section has at some time before the end of the said period specified in the enforcement notice for compliance with the notice (or of such extended period as the planning authority may allow for compliance with the notice) ceased to be the owner of the land, he shall, upon complaint duly made by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the land brought before the court in the proceedings.

(3) If, after it has been proved that any steps required by the enforcement notice have not been taken as aforesaid, the original defendant proves that the failure to take the steps was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he took all reasonable steps to secure compliance with the enforcement notice, he shall be acquitted of the offence.

(4) For the purposes of subsections (1) and (2) of this section, a person who, apart from this subsection, would be the owner of land by reason of receiving rent shall, if he receives the rent as agent for another person, be regarded as not being such owner.

(5) If after a person is convicted under the foregoing provisions of this section he does not as soon as practicable do everything in his power to secure compliance with the enforcement notice, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding twenty pounds for each day following his first conviction on which any of the requirements of the enforcement notice (other than the discontinuance of any use of land) remain unfulfilled.

(6) If the owner of any land is obstructed or interfered with in taking steps required to be taken by an enforcement notice under any of the last three preceding sections, the person obstructing or interfering shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds; and if in the case of a continuing offence the obstruction or interference is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which the obstruction or interference is so continued.

(7) Subsection (6) of this section shall not apply where the person obstructing or interfering is the occupier of the land unless the owner has given to him not less than fourteen days' notice in writing of the intention to take the steps.

35 Enforcement of planning control (development commenced and not carried out in conformity with permission).

35.—(1) Where any development authorised by a permission granted under this Part of this Act has been commenced but has not been or is not being carried out in conformity with such permission, the planning authority may, if they consider it expedient so to do, and shall, if they are directed so to do by the Minister, serve a notice under this section.

(2) The planning authority, in deciding whether it is expedient to serve a notice under this section, and the Minister, in deciding whether he will direct the planning authority to serve such a notice, shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area and the terms of any permission granted.

(3) A notice under this section may be served on—

(a) the person who commenced the development, or

(b) any other person who has carried out or is carrying out development authorised by the permission,

as the planning authority may decide.

(4) Any notice served under this section (hereafter in this section referred to as an enforcement notice) may require such steps as may be specified in the notice to be taken within such period as may be so specified for securing the carrying out of the development in conformity with the permission and, in particular, any such notice may, for the purpose aforesaid, require the removal or alteration of any structures, the discontinuance of any use of land or the carrying out on land of any works.

(5) An enforcement notice shall take effect at the expiration of such period (not being less than one month after the service thereof) as may be specified therein.

(6) If within the period specified in an enforcement notice, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, the planning authority may enter on the land and take such steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person on whom the notice was served any expenses reasonably incurred by them in that behalf.

(7) Where an enforcement notice has been served on a person and within the period specified therein, or within such extended period as the planning authority may allow, any steps required by the notice to be taken have not been taken, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(8) If after a person is convicted under this section he does not as soon as practicable do everything in his power to secure compliance with the enforcement notice, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding twenty pounds for each day following his first conviction on which any of the requirements of the enforcement notice remain unfulfilled.

(9) Particulars of an enforcement notice shall be entered in the register.

36 Requiring removal or alteration of structure.

36.—(1) If the planning authority decide that any structure should be removed or altered, the planning authority may serve a notice, requiring the carrying out of such removal or alteration and, in the case of a removal, any replacement appearing to the planning authority to be suitable, on the owner and on the occupier of the structure and on any other person who in their opinion will be affected by the notice.

(2) Subsection (1) of this section shall not apply in relation to an unauthorised structure unless—

(a) it is a structure which existed immediately before the appointed day and was on the commencement of that day an unauthorised structure and the notice under this section is served after the expiration of five years from the appointed day, or

(b) it is a structure constructed, erected or made on or after the appointed day and the notice under this section is served after the expiration of five years from its having been constructed, erected or made.

(3) In deciding pursuant to this section that a structure should be removed or altered, the planning authority shall be restricted to considering the proper planning and development of the area of the authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan and the provisions of any special amenity area order relating to the said area.

(4) Where a notice is served under this section, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(5) Where an appeal is brought under this section against a notice, the Minister may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (3) of this section shall apply, subject to any necessary modifications, in relation to the deciding of an appeal under this subsection by the Minister as they apply in relation to the making of a decision by the planning authority.

(6) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(7) If within the period specified in a notice under this section, or within such extended period as the planning authority may allow, the removal or alteration required by the notice has not been effected, the planning authority may enter on the structure and may effect such removal or alteration and any replacement specified in the notice.

(8) Where a notice under this section is complied with, the planning authority shall pay to the person complying with the notice the expenses reasonably incurred by him in carrying out the removal or alteration and any replacement specified in the notice, less the value of any salvageable materials.

(9) The provisions of section 29 of this Act shall apply in relation to a notice which is served under this section and which is confirmed on appeal (whether with or without modification) as they apply in relation to the refusal of an application for permission to develop land, and in any such case the said section 29 shall have effect subject to the following modifications:

(i) paragraph (c) of subsection (1) shall be disregarded;

(ii) for paragraph (i) of the proviso to subsection (4) there shall be substituted the following paragraph:

“(i) if it appears to the Minister to be expedient so to do he may, in lieu of confirming the purchase notice, cancel the notice requiring removal or alteration.”

(10) Particulars of a notice served under this section shall be entered in the register.

37 Requiring discontinuance of use.

37.—(1) If the planning authority decide, as respects any use of land, that—

(a) the use should be discontinued, or

(b) any conditions should be imposed on the continuance thereof,

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