LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963

• (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,

• (c) the provision of space around the structure,

• (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,

• (c) the provision of space around the structure,

• (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,

• (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 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,

the planning authority may serve a notice, requiring discontinuance of that use or imposing those conditions, on the owner and on the occupier of the land 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 use unless it is a use commenced on or after the appointed day and the notice under this section is served after the expiration of five years from its having been commenced.

• (3) In deciding, pursuant to this section, that any use should be discontinued or any conditions should be imposed, 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,

• (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) Where, by virtue of a notice under this section, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, then, if any person uses the land for that purpose or, as the case may be, uses the land for that purpose in contravention of those conditions, or causes or permits the land to be so used, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds, and if such use 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 is so continued.

• (8) The provisions of section 29 of this Act shall apply in relation to a notice which is served under this section requiring discontinuance of use of land, or imposing conditions on such use, which is confirmed on appeal (whether with or without modifications), as they apply in relation to the refusal of an application for permission to use land 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) for paragraph (a) of subsection (1) there shall be substituted the following paragraph:

• “(a) that the land has become incapable of reasonably beneficial use on account of the required discontinuance or the imposed conditions (as the case may be)”;

• (ii) paragraph (c) of subsection (1) shall be disregarded;

• (iii) 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 discontinuance or imposing conditions.”

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

38 Agreements regulating development or use of land.

38.—(1) A planning authority may enter into an agreement with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be specified by the agreement, and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the planning authority to be necessary or expedient for the purposes of the agreement.

• (2) An agreement made under this section with any person interested in land may be enforced by the planning authority against persons deriving title under that person in respect of that land as if the planning authority were possessed of adjacent land and as if the agreement had been expressed to be made for the benefit of that land.

• (3) Nothing in this section or in any agreement made thereunder shall be construed as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by the Minister or the planning authority under this Act so long as those powers are not exercised so as to contravene materially the provisions of the development plan, or as requiring the exercise of any such powers so as to contravene materially those provisions.

• (4) Particulars of an agreement made under this section shall be entered in the register.

39 Restrictions on certain local authorities.

39.—(1) The council of a county shall not effect any development in their county health district which contravenes materially the development plan.

• (2) The corporation of a county or other borough shall not effect any development in such borough which contravenes materially the development plan.

• (3) The council of an urban district shall not effect any development in such district which contravenes materially the development plan.

40 Permission not required in certain cases.

40.—Notwithstanding anything in this Part of this Act, permission shall not be required under this Part of this Act—

• (a) in the case of land which, on the appointed day, is being used temporarily for a purpose other than the purpose for which it is normally used, in respect of the resumption of the use of the land for the last-mentioned purpose;

• (b) in the case of land which, on the appointed day, is normally used for one purpose and is also used on occasions, whether at regular intervals or not, for any other purpose, in respect of the use of the land for that other purpose on similar occasions after the appointed day;

• (c) in respect of development required by a notice under section 31, 32, 33, 35 or 36 of this Act (disregarding development for which there is in fact permission under this Part of this Act).

41 Registering of applications.

41.—(1) A planning authority shall enter in the register:

• (a) particulars of any application made to them under this Part of this Act for permission for development or for retention of structures, including the name and address of the applicant, the date of receipt of the application and brief particulars of the development or retention forming the subject of the application,

• (b) particulars of any application made to them under this Part of this Act for approval required by permission regulations, including the name and address of the applicant, the date of receipt of the application and brief particulars of the matters forming the subject of the application,

• (c) the decision of the planning authority in respect of any such application and the date of the decision,

• (d) the date and effect of any decision on appeal of the Minister in respect of any such application,

• (e) particulars of any application made by them under subsection (3) of section 26 of this Act, including the date of the sending of the application and brief particulars of the development concerned.

• (2) Every such entry consisting of particulars of an application shall be made within the period of seven days beginning on the day of receipt of the application.

• (3) Every such entry consisting of a decision on an application shall be made within the period of seven days beginning on the day of the decision.

PART V. Amenities.

42 Area of special amenity.

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

• (a) its natural beauty, or

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

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

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

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

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

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

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

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

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

43 Confirmation of order under section 42 of this Act.

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

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

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

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

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

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

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

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

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

44 Requiring removal or alteration of hedge.

44.—(1) If it appears to the planning authority that it is expedient in the interests of amenity that any hedge should be removed or altered, the planning authority may serve on the owner and on the occupier of the land on which the hedge is situate 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.

• (2) 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.

• (3) Where an appeal is brought under this section from a notice, the Minister may confirm the notice with or without modifications or annul the notice.

• (4) 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.

• (5) 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 land on which the hedge is situate and may effect such removal or alteration and any replacement specified in the notice.

• (6) 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.

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

45 Tree preservation orders.

45.—(1) If it appears to the planning authority that it is expedient in the interests of amenity to make provision for the preservation of any tree, trees, group of trees or woodlands, they may for that purpose make an order with respect to any such tree, trees, group of trees or woodlands as may be specified in the order; and, in particular, provision may be made by any such order—

• (a) for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of trees except with the consent of the planning authority, and for enabling that authority to give their consent subject to conditions;

• (b) for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of Part IV of this Act relating to permission to develop land, and to applications for such permission, subject to such adaptations and modifications as may be specified in the order.

• (2) Any person who has suffered damage in consequence of any refusal of consent required under an order under this section, or of any grant of any such consent subject to conditions, shall, if he makes a claim on the planning authority within the time and in the manner specified by the order, be entitled to recover from such authority compensation in respect of the damage, but—

• (a) where the order declares that, as respects any tree, trees or group of trees not comprised in woodlands, the tree, trees or group is or are of special amenity value or special interest no compensation shall be payable in relation to the tree, trees or group,

• (b) where the order declares that, as respects any trees comprised in woodlands, a condition comprising a requirement to replant is an essential condition for attachment in the interests of amenity to any consent given under the order no compensation shall be payable in relation to such a condition attached to any such consent.

• (3) Any order under this section may be revoked or varied by a subsequent order under this section.

• (4) Where a planning authority make an order under this section, they shall serve a notice of the making of the order and a copy of the order on every person who is the owner or occupier of any land affected by the order, and on any other person then known to them to be entitled to fell any tree, trees, group of trees or woodlands to which the order relates.

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

• (6) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.

• (7) Without prejudice to any other exemption for which provision may be made by an order under this section, no such order shall apply to the cutting down, topping or lopping of trees which are dying or dead or have become dangerous or the cutting down, topping or lopping of any trees in compliance with any obligation imposed by or under any statute or so far as may be necessary for the prevention or abatement of a nuisance.

• (8) If any person contravenes the provisions of an order under this section (other than an order which has been annulled), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds.

• (9) Particulars of an order under this section shall be entered in the register.

• (10) Any reference in this Act to a tree preservation order shall be construed as a reference to an order under this section (other than an order which has been annulled).

46 Conservation orders.

46.—(1) If it appears to the planning authority, after consultation with the prescribed authorities, that it is expedient in the interests of amenity to make provision for the protection of any rare species of flora or fauna of any area or to preserve from extinction any species of flora or fauna of any area, they may for that purpose make an order with respect to such flora or fauna; and, in particular, provision may be made by any such order—

• (a) for prohibiting (subject to any exemptions for which provision may be made by the order) the taking, killing, or destroying of flora or fauna except with the consent of the planning authority, and for enabling that authority to give their consent subject to conditions;

• (b) for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of Part IV of this Act relating to permission to develop land, and to applications for such permission, subject to such adaptations and modifications as may be specified in the order.

• (2) Any person who has suffered damage in consequence of any refusal of consent required under an order under this section or of any grant of any such consent subject to conditions, shall, if he makes a claim on the planning authority within the time and in the manner specified by the order, be entitled to recover from such authority compensation in respect of the damage, but where the order declares that, as respects any flora or fauna, they are of special amenity value or special interest, no compensation shall be payable in relation to them.

• (3) Any order under this section may be revoked or varied by a subsequent order under this section.

• (4) Where a planning authority make an order under this section, they shall cause a notice stating the effect of the order and stating the right of appeal under the next subsection to be published in at least one newspaper circulating in the area to which the order relates.

• (5) Any person may, at any time before the expiration of one month after the publication of a notice under the foregoing subsection, appeal to the Minister against the order to which the notice relates.

• (6) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.

• (7) A decision to grant a consent under an order under this section shall not be taken save after consultation with the prescribed authorities.

• (8) If any person contravenes the provisions of an order under this section (other than an order which has been annulled), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds.

• (9) Particulars of an order under this section shall be entered in the register.

• (10) The making of an order under this section and the revocation or variation of any such order shall be a reserved function.

• (11) Any reference in this Act to a conservation order shall be construed as a reference to an order under this section (other than an order which has been annulled).

47 Creation of public rights of way pursuant to agreement.

47.—(1) A planning authority may enter into an agreement with any person having the necessary power in that behalf for the creation, by dedication by that person, of a public right of way over land.

• (2) An agreement made under this section shall be on such terms as to payment or otherwise as may be specified in the agreement, and may, if it is so agreed, provide for limitations or conditions affecting the public right of way.

• (3) Where an agreement has been made under this section, it shall be the duty of the planning authority to take all necessary steps for securing that the creation of the public right of way is effected in accordance with the agreement.

• (4) Particulars of an agreement made under this section shall be entered in the register.

48 Compulsory powers for creation of public rights of way.

48.—(1) Where it appears to the planning authority that there is need for a public right of way over any land, the planning authority may by order create a public right of way over the land.

• (2) Where a planning authority make an order under this section, they shall serve a notice of the making of the order and a copy of the order on every person who is the owner or occupier of any land over which the order creates a public right of way and on any other person who in their opinion will be affected by the creation of the public right of way.

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

• (4) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.

• (5) An order under this section (other than an order 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.

• (6) Particulars of a right of way created under this section shall be entered in the register.

49 Supplemental provisions with respect to public rights of way.

49.—(1) Where a public right of way is created pursuant to this Act or a provision relating to its preservation is included in the development plan, the way shall be maintained by the planning authority.

• (2)
• (a) Where a right of way is required by this section to be maintained by the planning authority, a person shall not damage or obstruct the way, or hinder or interfere with the exercise of the right of way.

• (b) A person who contravenes this subsection 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 contravention 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 contravention is so continued.

• (c) In a prosecution for an offence under this subsection in relation to a right of way with respect to which a provision for its preservation is included in the development plan, 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 right of way subsists.

• (3) Where, in the case of a right of way required by this section to be maintained by the planning authority, the way is damaged or obstructed by any person, the planning authority maintaining the right of way may repair the damage or remove the obstruction, and the expenses incurred by them in the repair or removal shall be paid to them by the said person and, in default of being so paid, shall be recoverable from him as a simple contract debt in any court of competent jurisdiction.

• (4) A planning authority may, for the purpose of carrying out their duties under subsections (1) and (3) of this section, enter on land at all reasonable times.

50 Planting of trees, shrubs and other plants.

50.—(1) For the purpose of preserving or enhancing the amenities or natural beauty of any land, the planning authority—

• (a) may plant trees, shrubs or other plants on the land,

• (b) assist any person or body proposing to plant trees, shrubs or other plants on the land by providing trees, shrubs or other plants or by a grant of money.

• (2) The powers conferred by this section shall be exercised by an authority either on land belonging to them or, with the consent of all persons interested therein, on other land; and in relation to such other land the said powers shall include power to make arrangements whereby the planting or work is carried out, on such terms as may be provided under the arrangements, by a person other than the authority.

• (3) Where the planning authority exercise their powers under the foregoing provisions of this section on land not belonging to the authority, the management of the land, so far as relates to anything done by the authority, may be undertaken either by the authority or by a person interested in the land, as may be agreed upon between the authority and the persons so interested, and on such terms as may be so agreed.

• (4) Assisting under this section by a grant of money shall be a reserved function.

• (5) Particulars of an agreement made under subsection (3) of this section shall be entered in the register.

51 Noise and vibration.

51.—(1) A person shall not—

• (a) in any public place or in connection with any premises which adjoins any public place and to which the public are admitted, or

• (b) upon any other premises,

either—

• (i) by operating, or causing or suffering to be operated any wireless, loudspeaker, television, gramophone, amplifier, or similar instrument, or any machine or other appliance, or

• (ii) by any other means,

make or cause to be made, any noise or vibration which is so loud, so continuous or so repeated or of such duration or pitch or at such times as to give reasonable cause for annoyance to persons in any premises in the neighbourhood or to persons lawfully using any public place.

• (2) Paragraph (a) of subsection (1) of this section shall not apply to any public meeting.

• (3) Proceedings shall not be taken against any person for any offence under this section in respect of premises referred to in paragraph (b) of subsection (1) of this section unless the annoyance is continued after the expiration of seven days from the date of the service on such person of a notice alleging annoyance, signed by not less than three persons residing or carrying on a business within the area in which the noise is heard or the vibration is felt.

• (4) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

• (5) Nothing in this section shall apply to noise or vibration caused—

• (a) by aircraft, or

• (b) by any statutory undertakers in the exercise of powers conferred on them by any statute or order or other instrument made under statute.

• (6) In proceedings brought by virtue of this section in respect of noise or vibration caused in the course of a trade or business or in performing any statutory functions, it shall be a good defence for the defendant to prove that the best practicable means have been used for preventing, and for counteracting the effect of, the noise or vibration.

52 Litter.

52.—(1) A person shall not throw down, place or leave in or on any public place—

• (a) any food remnants, orange peel, banana skin or other organic matter (whether waste or dead animal), or

• (b) any rubble, old metal, glass, china, earthenware, tin, carton, paper, rags or other rubbish,

so as to create or tend to create litter.

• (2) Nothing in subsection (1) of this section shall be construed as prohibiting—

• (a) the deposit by any person of any of the materials mentioned in that subsection in any receptacle for the deposit of litter,

• (b) the deposit in any public place of any receptacle containing house or other refuse for collection by a local authority, or

• (c) anything done under and in accordance with a permission to develop land granted under Part IV of this Act.

• (3) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

53 Exhibition of advertisements on certain structures, etc.

53.—(1) Where any structure or other land, door, gate, window, tree or post is in or fronts any public place, a person who is not the owner, occupier or person in charge thereof shall not—

• (a) exhibit or cause to be exhibited thereon any advertisement, or

• (b) carry out or cause to be carried out any defacement thereof by writing or other marks,

unless he is authorised so to do by such owner, occupier or person in charge or by any enactment.

• (2) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.

• (3) In a prosecution for an offence under this section, 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 defendant was not the owner, occupier or person in charge of the structure or other land, door, gate, window, tree or post and was not authorised as referred to in subsection (1) of this section.

54 Repair and tidying of advertisement structures and advertisements.

54.—(1) If it appears to the planning authority that, having regard to the interests of public safety or amenity, an advertisement structure or advertisement in their area should be repaired or tidied, the planning authority may serve on the person having control of the advertisement structure or advertisement a notice requiring that person to repair or tidy the advertisement structure or advertisement within a specified period.

• (2) If within the period specified in a notice under this section, the advertisement structure or advertisement is not repaired or tidied, the planning authority may enter on the land on which the structure is situate or the advertisement is exhibited and repair or tidy the structure or advertisement and may recover as a simple contract debt in any court of competent jurisdiction from the person having control of the structure or advertisement any expenses reasonably incurred by them in that behalf.

PART VI. Compensation.

55 Compensation (refusal of permission or grant of permission subject to conditions).

55.—(1) If, on a claim made to the planning authority, it is shown that, as a result of a decision under Part IV of this Act involving a refusal of permission to develop land or a grant of such permission subject to conditions (other than any such condition as is referred to in paragraph (e), paragraph (g) or paragraph (h) of subsection (2) of section 26 of this Act) the value of an interest of any person existing in the land to which the decision relates at the time of the decision is reduced, such person shall, subject to the provisions of this Part of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value and, in the case of the occupier of the land, the damage (if any) to his trade, business or profession carried on on the land.

• (2) In determining reduction of value for the purposes of this section, regard shall be had—

• (a) to any permission under this Act to develop the land existing at the time of the decision,

• (b) to any undertaking that may be given to grant permission to develop the land in the event of application being made under this Act in that behalf, and

• (c) to the fact that exempted development may be carried out on the land,

and, in a case in which there has been a refusal of permission, the calculation shall be made on the basis that, if the permission had been granted, any conditions which might reasonably have been imposed in relation to matters referred to in paragraphs (e), (g) and (h) of subsection (2) of section 26 and paragraph (c) of subsection (1) of section 56 of this Act (but no other conditions) would have been imposed.

• (3) In determining reduction of value for the purposes of this section in a case in which there has been a decision involving a refusal of permission, it shall be assumed that, after the decision, and apart from any such undertaking as is mentioned in subsection (2) of this section, permission under this Act would not be granted for any development.

• (4) Where, under section 29 of this Act, it is the duty of a planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

• (5) In this section a reference to the time of a decision shall, where the decision in question is a decision of the Minister on appeal, be taken to be a reference to the time of the decision appealed against.

• (6) A claim under this section shall be made within (but not after)—

• (a) six months after the notification of the decision by the planning authority or the Minister (as the case may be), or

• (b) such longer period as the Circuit Court may allow if it appears to the Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.

56 Compensation excluded in respect of certain matters.

56.—(1) Compensation under section 55 of this Act shall not be payable—

• (a) in respect of the refusal of permission for any development that consists of or includes the making of any material change in the use of any structures or other land,

• (b) in respect of the refusal of permission to develop land if the reason or one of the reasons for the refusal is that development of the kind proposed would be premature—

• (i) by reference to any existing deficiency in the provision of water supplies or sewerage facilities and the period within which any such deficiency may reasonably be expected to be made good, or

• (ii) because a road layout for the area or part thereof has not been indicated in the development plan or has not been approved of by the planning authority or by the Minister on appeal,

• (c) in respect of the imposition, on the granting of permission to develop land, of any condition relating to any of the following matters:

• (i) the matters set out in paragraphs 1, 2, 3, 4 and 6 of Part II of the Third Schedule to this Act,

• (ii) the matters set out in paragraph 5 of the said Part II so far as that paragraph relates to unauthorised structures,

• (iii) the matters set out in paragraphs 1 and 3 of Part III of that Schedule,

• (iv) the matters set out in paragraph 2, paragraph 6, paragraph 7, subparagraph (b) of paragraph 8 and paragraphs 9, 10, 11 and 13 of Part IV of that Schedule,

• (v) matters in respect of which a requirement could have been imposed under any other Act, or under any order, regulation, rule or bye-law made under any other Act, without liability for compensation,

• (d) in respect of the imposition, on the granting of permission to develop land, of any condition under paragraph (j) of subsection (2) of section 26 of this Act for requiring the removal of an advertisement structure or any condition under that paragraph in a case in which the relevant application for permission relates to a temporary structure,

• (e) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is that the proposed development would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise,

• (f) in respect of the refusal of permission for the erection of any advertisement structure or for the use of land for the exhibition of any advertisement,

• (g) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is the necessity of preserving any view or prospect of special amenity value or special interest,

• (h) in respect of the refusal of permission for development in an area to which a special amenity area order relates by reference to that area being an area of special amenity by reason of its natural beauty (other than any development for which the special amenity area order provides for its being permitted under this Act),

• (i) in respect of the refusal of permission for development comprising any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension—

• (i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Minister,

• (ii) would be under a public road,

• (iii) would seriously injure the amenities, or depreciate the value, of property in the vicinity,

• (iv) would tend to create any serious traffic congestion,

• (v) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

• (vi) would be prejudicial to public health,

• (j) in respect of the refusal of permission for development if the reason or one of the reasons for the refusal is that the development would contravene materially a condition attached to an existing permission for development.

• (2) Nothing contained in subsection (1) of this section shall prevent compensation being paid—

• (a) in a case in which there has been a refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed by fire or otherwise within the two years preceding the date of application for permission or there has been imposed a condition in consequence of which such new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or

• (b) in a case in which there has been imposed a condition in consequence of which the new structure referred to in the foregoing paragraph or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward.

• (3) Every dispute and question whether a new structure would or does replace substantially within the meaning of the foregoing subsection a demolished or destroyed structure shall be determined by the Minister.

57 Compensation excluded if certain other development permitted or if compensation already paid.

57.—(1) Compensation under section 55 of this Act shall not be payable in respect of a decision whereby permission to develop land is refused if, notwithstanding that refusal, there is available with respect to that land permission for development to which this section applies or if compensation has already been paid under section 55 of this Act by reference to a previous decision under Part IV of this Act involving a refusal of permission.

• (2) Where permission for development to which this section applies is available with respect to part only of the land, this section shall have effect only in so far as the interest subsists in that part.

• (3) Where a claim for compensation under this Part of this Act is made in respect of an interest in land, permission for development to which this section applies shall be taken for the purposes of this section to be available with respect to that land or a part thereof if there is in force with respect to that land or part a grant of, or an undertaking to grant, permission under this Act for some such development, subject to no conditions other than conditions in relation to matters referred to in paragraphs (e), (g) and (h) of subsection (2) of section 26 and paragraph (c) of subsection (1) of section 56 of this Act.

• (4) This section applies to any development of a residential, commercial or industrial character, if the development consists wholly or mainly of the construction of houses, flats, shops or office premises, hotels, garages and petrol filling stations, theatres or structures for the purpose of entertainment, or industrial buildings (including warehouses), or any combination thereof.

58 Restrictions on sections 56 and 57.