LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963

58.—(1) Where, in a case determined on an appeal under Part IV of this Act, permission to develop any land has, save in a case referred to in subsection (2) of this section, been refused or has been granted subject to any condition relating to any of the matters set out in paragraphs 3 and 4 of Part II of the Third Schedule to this Act, nothing contained in subsection (1) of section 56 or section 57 of this Act shall prevent compensation being paid if, an application having been made in that behalf within (but not after) two months after the notification of the decision by the Minister, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of subsection (1) of section 56 or section 57 of this Act.

• (2) Subsection (1) of this section does not apply—

• (a) where there has been a refusal of permission for the erection of any advertisement structure or for the use of any land for the exhibition of any advertisement,

• (b) where there has been a 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 endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

• (iv) would be prejudicial to public health.

59 Compensation (revocation or modification of permission).

59.—(1) Where permission to develop land has been revoked or modified by a notice under section 30 of this Act—

• (a) if, on a claim made to the planning authority, it is shown that any person interested in the land has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification, that authority shall pay to that person compensation in respect of that expenditure,

• (b) the provisions of subsections (1) to (4) of section 55 and sections 56 and 57 of this Act shall apply in relation to the notice where it revoked the permission or modifies it by the imposition of conditions—

• (i) in case it revoked the permission, as they apply in relation to refusal of permission to develop land, and

• (ii) in case it modifies the permission by the imposition of conditions, as they apply in relation to a grant of permission to develop land subject to conditions,

subject to the modifications that, in subsections (1) and (2) of the said section 55, a reference to the time when the notice takes effect shall be substituted for any reference to the time of a decision and, in subsection (4) thereof, the reference to section 29 of this Act shall be construed as a reference to that section as applied by section 30 of this Act.

• (2) A claim under this section or section 55 of this Act as applied by this section shall be made within (but not after)—

• (a) six months after the time when the notice takes effect, 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.

• (3) For the purposes of this section, any expenditure reasonably incurred in the preparation of plans for the purposes of any works or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out those works but, except as aforesaid, no compensation shall be paid by virtue of this section in respect of any works carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission.

60 Compensation in relation to section 36.

60.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any structure consequent upon a notice under section 36 of this Act, any person has suffered damage by the depreciation of any interest in the structure to which he is entitled, or by being disturbed in his enjoyment of the structure, 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 damage.

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

• (a) six months after the removal or alteration of the structure, 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.

• (3) Where, under section 29 of this Act as applied by subsection (9) of section 36 of this Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

• (4) Rule (12) of the Rules set out in section 2 of the Act of 1919 shall not apply in relation to any case in which a claim is made under this section.

61 Compensation in relation to section 37.

61.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the discontinuance, or the compliance with conditions on the continuance, of any use of land consequent upon a notice under section 37 of this Act, any person has suffered damage by the depreciation of any interest in the land to which he is entitled, or by being disturbed in his enjoyment of the land, 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 damage.

• (2) Subsection (1) of this section shall not apply where the use of land is use for the exhibition of an advertisement unless—

• (a) the advertisement was existing immediately before the appointed day and the discontinuance, or compliance with conditions on continuance, of use is effected during the period of five years beginning on the appointed day, or

• (b) at the time of such discontinuance or compliance, the advertisement has been in position for less than five years.

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

• (a) six months after the discontinuance or compliance, 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.

• (4) Where, under section 29 of this Act as applied by subsection (8) of section 37 of this Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.

• (5) Rule (12) of the Rules set out in section 2 of the Act of 1919 shall not apply in relation to any case in which a claim is made under this section.

62 Compensation in relation to section 44.

62.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any hedge consequent upon a notice under section 44 of this Act, any person has suffered damage by the depreciation of any interest in the land on which the hedge is situate to which he is entitled, or by being disturbed in his enjoyment of such land, 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 the damage.

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

• (a) six months after the removal or alteration of the hedge, 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.

63 Compensation in relation to section 48.

63.—(1) If, on a claim made to the planning authority, it is shown that the value of an interest of any person in land, being land over which a public right of way has been created by an order under section 48 of this Act made by that authority, is depreciated, or that any person having an interest in such land has suffered damage by being disturbed in his enjoyment of the land, in consequence of the creation of the public right of way, that authority shall pay to that person compensation equal to the amount of the depreciation or damage.

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

• (a) six months after the time when the order creating the public right of way commences to have effect, 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.

64 Compensation in relation to section 83.

64.—(1) If, on a claim made to the planning authority, it is shown that, as a result of anything done under section 83 of this Act, any person has suffered damage, 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 damage.

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

• (a) six months after the damage is suffered, 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.

65 Compensation in relation to section 85.

65.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the action of such authority pursuant to section 85 of this Act in placing, renewing or removing any cable, wire or pipeline, attaching any bracket or fixture or affixing any notice, any person has suffered damage by the depreciation of any interest in the land or structure concerned to which he is entitled, or by being disturbed in his enjoyment of such land or structure, 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 the damage.

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

• (a) six months after the action of the planning authority, 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.

66 Compensation in relation to direction under the Act of 1934.

66.—(1) In this section—

“interim direction” means a direction to do or refrain from doing any act which was given under the Act of 1934 directly or by implication by refusing a general permission or special permission, by granting a general or special permission subject to conditions, or by making a special prohibition whether subject to conditions or not so subject, not being a direction in respect of which an order was made under section 14 of the Town and Regional Planning (Amendment) Act, 1939;

“general permission”, “special permission”, “special prohibition”, “planning scheme” and “work” have the same meanings respectively as these expressions had in the Act of 1934.

• (2)
• (a) Where an interim direction was given in respect of any property—

• (i) any person who, on the day before the appointed day, had any estate or interest in or right over or in respect of such property, shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid compensation by that authority unless they decide that compensation would not have been payable to him by virtue of the Act of 1934 on the assumption of the relevant planning scheme having come into operation on the day before the appointed day and having contained a provision to the same effect as the interim direction and on the assumption of an application for compensation having been duly made under section 61 of the Act of 1934,

• (ii) the amount of the compensation shall be the like amount as, on the said assumptions, would have been appropriate to be paid in accordance with the Act of 1934.

• (b) Where a decision is given under the foregoing paragraph, the applicant may, within one month after being notified of the decision, appeal to the Minister, and the Minister shall either refuse the appeal or annul such decision.

• (c) In deciding an appeal under this subsection, the Minister shall, in particular, have regard to subsection (2) of section 30 of the Act of 1934 and, for that purpose, may make any determination referred to in subsection (3) of that section in accordance with that subsection.

• (3)
• (a) Where—

• (i) any person has refrained from doing any particular work on account of an interim direction arising from the refusing of a special permission or the making of a special prohibition, and

• (ii) he has suffered loss by so refraining,

such person shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid by that authority by way of compensation the amount of such loss unless the planning authority decide that the doing of such particular work would have prejudiced the efficient and economical execution of the relevant planning scheme on the assumption that that scheme had come into operation.

• (b) Where—

• (i) any person has, in the doing of any particular work complied with a condition attached to a special permission or contained in a special prohibition, and

• (ii) he has by such compliance suffered loss (other than loss arising from the reduction in value of any property),

such person shall, on making a claim to the planning authority within the period of twelve months beginning on the appointed day, be entitled to be paid by that authority by way of compensation the amount of such loss unless the planning authority decide that the doing of such particular work without complying with such condition would have prejudiced the efficient and economical execution of the relevant planning scheme on the assumption that that scheme had come into operation.

• (c) Where a decision is given under either of the foregoing paragraphs, the applicant may, within one month after being notified of the decision, appeal to the Minister, and the Minister shall either refuse the appeal or annul such decision.

• (4) The amendment of the Act of 1919 effected by this Act shall be disregarded in the case of any determination of compensation under this section.

67 Regulations in relation to compensation.

67.—Regulations may provide for—

• (a) the form in which claims for compensation are to be made,

• (b) the provision by a claimant of evidence in support of his claim and information as to his interest in the land to which the claim relates,

• (c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him) having an interest in the land to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority or the claimant of every other person (if any) appearing to them or him to have an interest in the land,

• (d) the information and documents to be submitted with an application for an order under section 58 of this Act,

• (e) the information and documents to be submitted by a planning authority in relation to an application for an order under section 58 of this Act.

68 Determination of claim for payment of compensation.

68.—A claim under this Act for payment of compensation shall, in default of agreement, be determined by arbitration under the Act of 1919 in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award.

69 Amendment of section 2 of the Act of 1919.

69.—(1) Section 2 of the Act of 1919 is hereby amended, in cases where any compensation assessed will be payable by a planning authority or any other local authority, by the insertion after Rule 6 of the Rules set out in the Fourth Schedule to this Act.

• (2) Subparagraph (b) of paragraph 1 of Part I of the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931, is hereby amended by the insertion at the end of the subparagraph of “and by the Property Values (Arbitrations and Appeals) Act, 1960, and the Local Government (Planning and Development) Act, 1963”.

70 Prohibition of double compensation.

70.—Where a person would, but for this section, be entitled to compensation under this Act in respect of any matter or thing and also to compensation under any other enactment in respect of the same matter or thing, he shall not be entitled to compensation in respect of such matter or thing both under this Act and under the other enactment, and shall not be entitled to any greater amount of compensation under this Act in respect of such matter or thing than the amount of the compensation to which he would be entitled under the other enactment in respect of such matter or thing.

71 Recovery from planning authority of compensation.

71.—(1) All compensation payable under this Part of this Act by the planning authority shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Act, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction, and all costs and expenses of parties to an arbitration to determine the amount of any such compensation shall, in so far as such costs and expenses are payable by the planning authority, be likewise recoverable from that authority as a simple contract debt in any court of competent jurisdiction.

• (2) Sections 69 to 79 of the Lands Clauses Consolidation Act, 1845, as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890, or any other Act, shall apply in relation to moneys by this section made recoverable as a simple contract debt as if such moneys were a price or compensation under the said Act as so amended or adapted.

• (3) Where money is paid into Court under section 69 of the Lands Clauses Consolidation Act, 1845, as applied by this section, by the planning authority, no costs shall be payable by that authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such money.

72 Registration of compensation.

72.—(1) Where, on a claim for compensation under section 55 of this Act, under that section as applied by section 59 of this Act or under subsection (2) of section 66 of this Act, compensation has become payable of an amount exceeding twenty pounds, the planning authority shall prepare and retain a statement of that fact, specifying the refusal of permission or grant of permission subject to conditions, the revocation or modification of permission or the interim direction (as the case may be), the land to which the claim for compensation relates, and the amount of the compensation.

• (2)
• (a) A planning authority shall enter in the register particulars of the statements prepared by them under this section.

• (b) Every such entry shall be made within the period of fourteen days beginning on the day of the preparation of the statement.

73 Recovery by planning authority of compensation on subsequent development.

73.—(1) No person shall carry out any development to which this section applies, on land in respect of which a statement (in this section referred to as a compensation statement) has stood registered under the last preceding section for less than fourteen years, until such amount (if any) as is recoverable under this section in respect of the compensation specified in the statement has been paid or secured to the satisfaction of the planning authority.

• (2) This section applies to any development (other than exempted development), being development—

• (a) to which section 57 of this Act applies, or

• (b) to which, having regard to the probable value of the development, it is in the opinion of the Minister reasonable that this section should apply:

Provided that—

• (i) this section shall not apply to any development by virtue of paragraph (b) of this subsection if, on an application made to him for the purpose, the Minister has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section shall apply thereto, and

• (ii) in a case where the compensation specified in the statement became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

• (3) Subject to the two next following subsections, the amount recoverable under this section in respect of the compensation specified in a compensation statement—

• (a) if the land on which the development is to be carried out (in this subsection referred to as the development area) is identical with, or includes (with other land) the whole of, the land comprised in the compensation statement, shall be the amount of compensation specified in that statement;

• (b) if the development area forms part of the land comprised in the compensation statement, or includes part of that land together with other land not comprised in that statement, shall be so much of the amount of compensation specified in that statement as is attributable to land comprised in that statement and falling within the development area.

• (4) For the purposes of paragraph (b) of subsection (3) of this section, the following provisions shall have effect:

• (a) the planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation between the different parts of the land according to the way in which those parts appear to them to be differently affected by the refusal of permission or grant of permission subject to conditions;

• (b) if no apportionment is made, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the statement relates;

• (c) if an apportionment is made, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land;

• (d) if any person disputes an apportionment under this subsection, the dispute shall be submitted to and decided by a property arbitrator.

• (5) Where, in the case of any land in respect of which a compensation statement has been registered, the Minister is satisfied that, having regard to the probable value of any proper development of that land, no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or part of any amount otherwise recoverable under this section; and where part only of any such amount has been remitted, he shall cause the compensation statement to be amended by substituting therein for the specification of the amount of the compensation, in so far as it is attributable to that land, a specification of the amount which has been remitted under this subsection.

• (6) Where, in connection with the development of any land, an amount becomes recoverable under this section in respect of the compensation specified in a compensation statement, then, except where, and to the extent that, payment of that amount has been remitted under the last preceding subsection, no amount shall be recoverable, in so far as it is attributable to that land, in connection with any subsequent development thereof.

• (7) An amount recoverable under this section in respect of any compensation shall be payable to the planning authority, and—

• (a) shall be so payable either as a single capital payment or as a series of instalments of capital and interest combined, or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the planning authority may direct, after taking into account any representations made by the person by whom the development is to be carried out, and

• (b) except where the amount is payable as a single capital payment, shall be secured by that person in such manner (whether by mortgage, covenant or otherwise) as the planning authority may direct.

• (8) If any person initiates any development to which this section applies in contravention of subsection (1) of this section, the planning authority may serve a notice upon him, specifying the amount appearing to them to be the amount recoverable under this section in respect of the compensation in question, and requiring him to pay that amount to them within such period, not being less than three months after the service of the notice, as may be specified in the notice, and, in default of the said amount being paid to the planning authority within the period specified in the notice, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.

PART VII. Acquisition of Land, etc.

74 Appropriation of land to purposes of functions under this Act.

74.—(1) Where—

• (a) land is vested in a planning authority otherwise than for the purposes of their functions under this Act, and

• (b) the planning authority are satisfied that the land should be made available for those purposes,

the planning authority may, with the consent of the appropriate Minister, appropriate the land to any of those purposes.

• (2) In subsection (1) of this section “the appropriate Minister” means—

• (a) if the Ministerial functions relating to the land in question are vested in a single Minister other than the Minister—that Minister,

• (b) if those functions are vested in two or more Ministers (neither or none of whom is the Minister)—such one of those Ministers as has, in relation to the land, the greater or greatest concern,

• (c) in all other cases—the Minister.

• (3) If, in relation to paragraph (b) of the foregoing subsection, any doubt as to which one of two or more Ministers has the greater or greatest concern, the doubt shall be determined by the Minister.

75 Disposal of land by planning authority.

75.—(1) Any land acquired for the purposes of or appropriated under this Act by a planning authority may be sold, leased or exchanged subject to such conditions as they may consider necessary in order to secure the best use of that or other land, and any structures or works which have been, or are to be, constructed, erected, made or carried out on, in or under that or other land, or to secure the construction, erection, making or carrying out of any structures or works appearing to them to be needed for the proper planning and development of their area.

• (2) The consent of the Minister shall be requisite for any sale, lease or exchange under subsection (1) of this section—

• (a) in case the price or rent, or what is obtained by the planning authority on the exchange, is not the best reasonably obtainable, or

• (b) in case the development proposed for the land would contravene materially the development plan,

but, save as aforesaid, shall not be requisite notwithstanding the provisions of any other enactment.

• (3) Capital money arising from the disposal of land under subsection (1) of this section shall be applied for a capital purpose for which capital money may be properly applied.

• (4)
• (a) Where, as respects any land acquired for the purposes of or appropriated under this Act by a planning authority, the authority consider that they will not require the use of the land for any of their functions for a particular period, the authority may grant a lease of the land for that period or any less period and the lease shall be expressed as a lease granted for the purposes of this subsection.

• (b) Neither the Landlord and Tenant Acts, 1931 and 1958, nor the Rent Restrictions Act, 1960, shall apply in relation to a lease granted as aforesaid for the purposes of this subsection.

76 Extinguishment of public right of way.

76.—(1) A planning authority may, with the approval of the Minister, by order extinguish a public right of way, but an order made under this subsection shall be published in the prescribed manner, and the Minister shall not approve the order until he has caused a public local inquiry to be held and has considered any objections to the order not withdrawn and the report of the person who held the inquiry.

• (2) Subsection (1) of this section does not apply to a public right of way over land acquired compulsorily by a planning authority for the purposes of this Act if the order authorising the compulsory acquisition authorised the extinguishment of such right of way.

77 Development by planning authority, etc.

77.—(1) A planning authority may develop or secure the development of land and, in particular and without prejudice to the generality of the foregoing, may—

• (a) secure, facilitate and control the improvement of the frontage of any public road by widening, opening, enlarging or otherwise improving,

• (b) develop any land in the vicinity of any road or bridge which it is proposed to improve or construct,

• (c) provide areas with roads and such services and works as may be needed for development,

• (d) provide areas of convenient shape for development,

• (e) secure or carry out, as respects obsolete areas, the development or renewal thereof and the provision therein of open spaces,

• (f) secure the preservation of any view or prospect, any structure or natural physical feature, any trees subject to a tree preservation order, any site of geological, ecological or archaeological interest or any flora or fauna subject to a conservation order.

• (2) A planning authority may provide—

• (a) sites for the establishment or relocation of industries, businesses (including hotels, motels and guest-houses), dwellings, offices, shops, schools, churches and other community facilities and of such buildings, premises, dwellings, parks and structures as are referred to in paragraph (b) of this subsection,

• (b) factory buildings, office premises, shop premises, dwellings, amusement parks and structures for the purpose of entertainment, caravan parks, buildings for the purpose of providing accommodation, meals and refreshments, buildings for providing trade and professional services and advertisement structures,

• (c) any services which they consider ancillary to anything which is referred to in paragraphs (a) and (b) of this subsection and which they have provided,

and may maintain and manage any such site, building, premises, dwelling, park, structure or service and may make any charges which they consider reasonable in relation to the provision, maintenance or management thereof.

• (3) A planning authority may, in connection with any of their functions under this Act, make and carry out arrangements with any person or body for the development or management of land.

• (4) For avoidance of doubt it is hereby declared that the powers which a planning authority may exercise pursuant to section 10 of the Local Government (No. 2) Act, 1960, with respect to compulsory acquisition for the purposes of any of their functions under this Act apply in relation to anything which is specified in subsection (1) of section 2 of this Act as being included in “land”.

78 Public notice of development proposed to be carried out by certain local authorities.

78.—Regulations made in relation to any specified cases or classes of cases of development proposed to be carried out by local authorities who are planning authorities may—

• (a) require the authority to give public notice in any specified manner of development which they propose to carry out,

• (b) require the inclusion in any such notice of an invitation for the making by interested persons of objections to the proposed development,

• (c) in cases where any such objection is made and is not withdrawn, require the authority to have the consent of the Minister before carrying out the proposed development.

79 Amendment of Landlord and Tenant Acts, 1931 and 1958.

79.—(1) “business” in the Landlord and Tenant Act, 1931, shall include the carrying out by a planning authority of any of their functions.

• (2) Subsection (1) of section 22 of the Landlord and Tenant Act, 1931, is hereby amended by the insertion after paragraph (b) of the following paragraph:

• “(bb) that, such landlord being a planning authority within the meaning of the Local Government (Planning and Development) Act, 1963, such tenement or any part thereof is situate in an area in respect of which the development plan within the meaning of that Act indicates objectives for its development or renewal as being an obsolete area, or”.

• (3) Subsection (1) of section 15 of the Landlord and Tenant (Reversionary Leases) Act, 1958, is hereby amended by the addition of “or alternatively, being a planning authority within the meaning of the Local Government (Planning and Development) Act, 1963, satisfies the Court that, in case the reversionary lease would be a lease of the whole of the land, the land or any part of the land is situate in an area in respect of which the development plan within the meaning of that Act indicates objectives for its development or renewal as being an obsolete area or that, in case the reversionary lease would be a lease of part of the land, that part or any part of that part is situate in such an area”.

PART VIII. Miscellaneous.

80 Prosecution of offences by planning authority.

80.—(1) An offence under this Act may be prosecuted by the planning authority in whose area the offence is committed.

• (2) A planning authority shall not prosecute in a case in which an offence under section 53 of this Act is alleged to have been committed in relation to an advertisement unless the advertisement is exempted development and they have decided that the advertisement would injure the amenities of their area and, in the case of an advertisement advertising a public meeting, unless the advertisement has been in position for seven days or longer after the date of the meeting.

• (3) Where—

• (a) an offence under section 46 or section 52 of this Act, or

• (b) an offence under section 53 of this Act consisting of defacing any structure, door, gate, window, tree or post,

is alleged to have been committed, any officer of the planning authority, duly authorised by them in writing and producing, if so required, his authority, may demand the name and address of any person whom he reasonably believes to be guilty of the offence.

• (4) Any person whose name and address has been demanded under the foregoing subsection and who fails to comply with the demand shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five pounds.

81 Restriction on exercise of power of entry of planning authority and obstruction of approved entry.

81.—(1) Where (in the case of occupied land) the occupier or (in the case of unoccupied land) the owner refuses to permit the exercise of a power of entry conferred by this Act on a planning authority, the authority shall not exercise the power save pursuant to an order of the District Court approving of the entry.

• (2) The following provisions shall have effect in relation to an application for an order under this section:

• (a) the application shall be made, on notice to the person who refused to permit the exercise of the power of entry, to the justice of the District Court having jurisdiction in the district court district in which the land or part of the land is situate,

• (b) the application shall be granted unless the proposed entry is to be made pursuant to section 31, 32 or 33 of this Act on a structure and the said person satisfies the court in a case of non-compliance with a condition, that the condition was complied with or, in any other case, that the structure is not an unauthorised structure,

• (c) an order made on the application may require that entry shall not be effected during a specified period of one week or less commencing on the date of the order.

• (3) Any person who, by act or omission, obstructs an entry approved of by order under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds; and if in the case of a continuing offence the obstruction is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which, the obstruction is so continued.

82 Supplemental provisions relating to references and appeals.

82.—(1) Regulations may provide for any matters of procedure in relation to references or appeals.

• (2) Regulations shall be made under this section providing—

• (a) for oral hearing of any reference or appeal in respect of which oral hearing is requested by any party,

• (b) for any such oral hearing being conducted by a person appointed for that purpose by the Minister,

• (c) for the furnishing to the Minister, by any person so appointed, of a report on the oral hearing and for the consideration by the Minister of the report before he gives his decision.

• (3) Where a question of law arises on any reference or appeal—

• (a) the Minister may refer the question for decision by the High Court,

• (b) an appeal shall lie to the High Court on the question and 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.

• (4) A person conducting an oral hearing of any reference or appeal may require any officer of a planning authority to give to him any information in relation to the reference or appeal which he reasonably requires for the purposes of the reference or appeal, and it shall be the duty of the officer to comply with the requirement.

• (5)
• (a) A person conducting an oral hearing of any reference or appeal may visit and inspect any land to which the reference or appeal relates.

• (b) Any person who obstructs the exercise of the power conferred by this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five pounds.

• (6) A person conducting an oral hearing of any reference or appeal may take evidence on oath and for that purpose may administer oaths, and a person giving evidence at any such hearing shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

• (7)
• (a) Subject to the following paragraph, a person conducting an oral hearing of any reference or appeal may, by giving notice in that behalf in writing to any person, require that person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any books, deeds, contracts, accounts, vouchers, maps, plans or other documents in his possession, custody or control which relate to any such matter.

• (b) The following provisions shall have effect for the purposes of the foregoing paragraph:

• (i) it shall not be necessary for a person to attend in compliance with a notice at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance have been paid or tendered to him;

• (ii) the planning authority shall, at the request of the person conducting the oral hearing, pay or tender to any person whose attendance is required such sum as the person conducting the hearing considers will cover the reasonable and necessary expenses of the attendance;

• (iii) any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him, be paid those expenses by the planning authority, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction;

• (iv) every person to whom a notice has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any document to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.

• (8) In this section—

“reference” means a reference under section 5 of this Act,

“appeal”, except in paragraph (b) of subsection (3), means an appeal to the Minister under this Act or any order made under this Act.

83 Power of authorised person to enter on land.

83.—(1) An authorised person may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m. for any purpose connected with this Act.

• (2) An authorised person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, make excavations, and examine the depth and nature of the subsoil.

• (3) Before an authorised person enters under this section on any land, the appropriate authority shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier (as the case may be) not less than fourteen days' notice in writing of the intention to make the entry.

• (4) A person to whom a notice of intention to enter on land has been given under this section by the appropriate authority may, not later than fourteen days after the giving of such notice, apply, on notice to such authority, to the justice of the District Court having jurisdiction in the district court district in which the land or part of the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.

• (5) Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.

• (6) Subsections (3), (4) and (5) of this section shall not apply to entry for the purposes of Part IV of this Act and, in a case in which any such entry is proposed, if the occupier (in the case of occupied land) or the owner (in the case of unoccupied land) refuses to permit the entry—

• (a) the entry shall not be effected unless it has been authorised by an order of the justice of the District Court having jurisdiction in the district court district in which the land or part of the land is situate and, in the case of occupied land, save after at least twenty-four hours' notice of the intended entry, and of the object thereof, has been given to the occupier,

• (b) an application for such an order shall be made on notice (in the case of occupied land) to the occupier or (in the case of unoccupied land) to the owner.

• (7) Every person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds; and if in the case of a continuing offence the obstruction is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which the obstruction is so continued.

• (8) In this section—

“authorised person” means a person who is appointed by the planning authority or the Minister to be an authorised person for the purposes of this section;

“appropriate authority” means—

• (a) in a case in which the authorised person was appointed by a planning authority—that authority, and

• (b) in a case in which the authorised person was appointed by the Minister—the Minister.

84 Consultation by State authorities.

84.—(1) Before undertaking the construction or extension of any building (not being a building which is to be constructed or extended in connection with afforestation by the State), a State authority—

• (a) shall consult with the planning authority to such extent as may be determined by the Minister, and

• (b) if any objections that may be raised by the planning authority are not resolved, shall (save where the construction or extension is being undertaken by the Minister) consult on the objections with the Minister.

• (2) In this section “State authority” means any authority being—

• (a) a member of the Government,

• (b) the Commissioners of Public Works in Ireland, or

• (c) the Irish Land Commission.

85 Cables, wires and pipelines.

85.—(1) A planning authority may, with the consent of the owner and of the occupier of any land not forming part of a public road, place, erect or construct cables, wires and pipelines (other than waterpipes, sewers and drains), and any apparatus incidental to such cables, wires and pipelines, on, under or over such land, and may from time to time inspect, repair, alter or renew, or may at any time remove, any cables, wires or pipelines placed, erected or constructed under this section.

• (2) A planning authority may, with the consent of the owner and of the occupier of any structure, attach to such structure any bracket or other fixture required for the carrying or support of any cable, wire or pipeline placed, erected or constructed under this section.

• (3) A planning authority may erect and maintain notices indicating the position of cables, wires or pipelines placed, erected or constructed under this section and may, with the consent of the owner and of the occupier of any structure, affix such a notice to such structure.

• (4) The foregoing subsections of this section shall have effect subject to the proviso that—

• (a) a consent for the purposes of any of them shall not be unreasonably withheld,

• (b) if the planning authority consider that such a consent has been unreasonably withheld, they may appeal to the Minister,

• (c) if the Minister determines that such a consent was unreasonably withheld, it shall be treated as having been given.

• (5) The planning authority may permit the use of any cables, wires or pipelines placed, erected or constructed under this section and of any apparatus incidental to such cables, wires or pipelines subject to such conditions and charges as they consider appropriate.

86 Building regulations.

86.—(1) The Minister may make regulations for all or any of the matters set out in section 41 of the Public Health (Ireland) Act, 1878, and section 23 of the Public Health Acts Amendment Act, 1890 (other than paragraph (1) of the said section 41 and the last paragraph of subsection (1) of the said section 23), and accordingly no further bye-laws shall be made under those sections for any of those matters.

Regulations made under this section shall be known and in this Act are referred to as building regulations.

• (2) Building regulations may prescribe standards (expressed in terms of performance, types of material, methods of construction or otherwise) in relation to all or any of the matters specified in the Fifth Schedule to this Act and may prescribe different standards for buildings of different classes.

• (3) Building regulations may make provision in relation to—

• (a) testing of drains and sewers,

• (b) taking of samples of materials to be used in the construction of buildings, or in the execution of other works.

• (4)
• (a) Building regulations may be made with respect to—

• (i) structural alterations or extensions of buildings, and buildings so far as affected by alterations or extensions,

• (ii) buildings or parts of buildings in cases where any material change takes place in the purposes for which a building or, as the case may be, a part of a building is used, and so far as they relate to the matters mentioned in this subsection, may be made to apply to buildings erected before the date on which the regulations came into force, but, save as aforesaid, shall not apply to buildings erected before that date.

• (b) For the purposes of this subsection, there shall be deemed to be a material change in the purpose for which a building, or part of a building, is used if—

• (i) a building, or part of a building, being a building or part which was not originally constructed for occupation as a house, or which though so constructed has been appropriated to other purposes, becomes used as a house,

• (ii) a building, or part of a building, being a building or part which was originally constructed for occupation as a house by one family only, becomes occupied by two or more families, or

• (iii) where regulations contain special provisions with respect to buildings used for any particular purpose, a building, or a part of a building, being a building or part not previously used for that purpose, becomes so used.

• (5) Any provision contained in building regulations may be made so as to apply generally, or in an area specified in the regulations, and the regulations may contain different provisions for different areas.

• (6) Planning authorities shall, in relation to building regulations, have all such functions under the Public Health (Ireland) Act, 1878 (including, in particular, section 42 thereof), as are provided by that Act for them as sanitary authorities in relation to bye-laws under section 41 of that Act.

• (7) Building regulations may include such supplemental and incidental provisions as appear to the Minister to be expedient.

• (8) If a person contravenes any provision contained in building regulations, he 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 shall be liable to a further fine not exceeding twenty pounds for each day on which the contravention is so continued.

• (9) Building regulations may provide for a combination in one document of—

• (a) any application required or authorised under the regulations to be made, and

• (b) any application for permission for development under Part IV of this Act;

and for the making of such combined application in such form and manner as may be specified in the regulations.

• (10) Section 41 of the Public Health (Ireland) Act, 1878, and section 23 of the Public Health Acts Amendment Act, 1890, shall have effect as if—

• (a) in lieu of so much thereof as provides for the making of bye-laws with respect to the matters specified in the said section 41 (other than paragraph (1) thereof) and the said section 23 (other than the last paragraph of subsection (1) thereof), they provided for the making, subject to the provisions of the Local Government (Planning and Development) Act, 1963, of regulations with respect to those matters by the Minister, and

• (b) the words “Provided that no bye-law made under this section shall affect any building erected before the passing of this Act” were omitted from the said section 41.

• (11) For any reference to bye-laws under section 41 of the Public Health (Ireland) Act, 1878, with respect to any matters set out in that section (other than paragraph (1) thereof) or in subsection (1) of section 23 of the Public Health Acts Amendment Act, 1890 (other than the last paragraph thereof), or to bye-laws under subsection (4) of the said section 23, which occurs in any Act or in any instrument having effect under any Act, there shall be substituted save where the context otherwise requires, a reference to building regulations.

87 Relaxation of building regulations.

87.—(1) Subject to the provisions of this section, if the Minister, on application made in accordance with the provisions of this section, considers that the operation of any requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, he may, after consultation with the planning authority, give a direction dispensing with or relaxing that requirement.

• (2) If building regulations so provide as regards any requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) of this section shall be exercisable by the planning authority (instead of by the Minister after consultation with the planning authority), but any provisions contained by virtue of this subsection in building regulations shall except applications made by local authorities and may except applications of any other description.

• (3) Building regulations may provide as regards any requirements contained in the regulations that the foregoing subsections of this section shall not apply.

• (4) An application under this section shall be in such form as may be prescribed by building regulations and shall contain such particulars as may be so prescribed.

• (5) The application shall be made to the planning authority and, except where the power of giving the direction is exercisable by the planning authority, the planning authority shall at once transmit the application to the Minister and give notice to the applicant that it has been so transmitted.

• (6) If within a period of two months beginning with the date of an application (being an application with respect to which the power of giving the direction is exercisable by the planning authority), or within such extended period as may at any time be agreed in writing between the applicant and the planning authority, the planning authority do not notify the applicant of their decision on the application, a decision by the planning authority to grant the application shall be regarded as having been given on the last day of that period.

• (7) An application by a local authority shall be made to the Minister.

88 Appeal against refusal by planning authority to relax building regulations.

88.—(1) If a planning authority refuse an application to dispense with or relax any requirement in building regulations which they have power to dispense with or relax, the applicant may by notice in writing appeal to the Minister within one month from the date on which the planning authority notify the applicant of their refusal.

• (2) Where an appeal under this section is allowed, the Minister shall give such directions for dispensing with or relaxing building regulations as may be appropriate, and the planning authority shall comply therewith.

89 Petrol pumps, etc., on public roads.

89.—(1) The planning authority may grant to any person a licence to erect, construct, place, and maintain—

• (a) a petrol pump, oil pump, air pump or other appliance for the servicing of vehicles,

• (b) a vending machine,

• (c) a town or landscape map for indicating directions or places,

• (d) a hoarding, fence or scaffold,

• (e) an advertisement structure,

• (f) a cable, wire or pipeline,

• (g) any other appliance or structure specified by the Minister by regulations as suitable for being licensed under this section,

on, under, over or along a public road.

• (2) A person applying for a licence under this section shall furnish to the planning authority such plans and other information concerning the position, design and capacity of the appliance or structure as the authority may require.

• (3) A licence may be granted under this section by the planning authority for such period and upon such conditions as the authority may specify, and where in the opinion of the planning authority by reason of the increase or alteration of traffic on the road or of the widening of the road or of any improvement of or relating to the road, the appliance or structure causes an obstruction or becomes dangerous, the authority may by notice in writing withdraw the licence and require the licensee to remove such appliance or structure at his own expense.

• (4)
• (a) Any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under this section or to the conditions specified by the planning authority for such a licence, appeal to the Minister.

• (b) Where an appeal under this section is allowed, the Minister shall give such directions with respect to the withdrawing, granting or altering of a licence under this section as may be appropriate, and the planning authority shall comply therewith.

• (5)
• (a) The Minister may make regulations prescribing the amount of the fee to be paid to the planning authority for the grant of a licence under this section, and any such fees shall be applied by the planning authority in the manner directed by the regulations.

• (b) Different fees may be prescribed under this subsection in respect of different appliances and structures.

• (6) Nothing in this section shall be construed as affecting the application to petrol pumps of the regulations for the time being in force relating to the storage or sale of motor spirit or to authorise the use of a petrol pump otherwise than in accordance with those regulations.

• (7) A person shall not be entitled solely by reason of a licence under this section to erect, construct, place or maintain on, under, over or along a public road any appliance or structure.

• (8) Subject to subsection (9) of this section, any person who—

• (a) erects, constructs, places or maintains an appliance or structure referred to in subsection (1) of this section on, under, over or along any public road without having a licence under this section so to do, or

• (b) erects, constructs, places or maintains such an appliance or structure on, under, over or along any public road otherwise than in accordance with a licence under this section, or

• (c) contravenes any condition subject to which a licence has been granted to him under this section,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten 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 two pounds for each day on which the contravention is so continued.

• (9)
• (a) A planning authority may, by virtue of this subsection, themselves erect, construct, place or maintain, on, under, over or along a public road any appliance or structure referred to in subsection (1) of this section, and it shall not be necessary for them to have a licence under this section.

• (b) Nothing in this subsection shall be taken as empowering a planning authority to hinder the reasonable use of a public road by the public or any person entitled to use it or as empowering a planning authority to create a nuisance to the owner or occupier of premises adjacent to the public road.

• (10) Where a planning authority are not the road authority for the purposes of main roads in their area, they shall not, in pursuance of this section, grant a licence in respect of any appliance or structure on, under, over or along a main road or erect, construct or place any appliance or structure on, under, over or along a main road save after consultation with the authority who are the road authority for those purposes.

90 Saving for national monuments.

90.—Nothing in this Act shall restrict, prejudice, or affect the functions of the Minister for Finance or the Commissioners of Public Works in Ireland under the National Monuments Acts, 1930 and 1954, in relation to national monuments as defined by those Acts or any particular such monuments.

91 Amendment of Section 42 of Public Health (Ireland) Act, 1878.

91.—Section 42 of the Public Health (Ireland) Act, 1878, is hereby amended by the substitution of “two months” for “one month” and “such two months” for “such month”.

92 Transitional.

92.—(1) An application for a special permission under the Act of 1934 which was under consideration by a planning authority immediately before the appointed day shall be treated for the purposes of this Act as an application for a permission under section 26 of this Act.

• (2) A general or special permission granted under the Act of 1934 shall be treated for the purposes of this Act (including, in particular, sections 30, 31 and 35) as a permission granted under section 26 of this Act, and a record of such permission shall be included in the register.

• (3) An appeal under section 59 of the Act of 1934 in relation to a grant or refusal of a special or general permission which was pending immediately before the appointed day shall be treated for the purposes of this Act as an appeal under section 26 of this Act, except that a direction shall not be given in relation to the appeal under paragraph (b) of subsection (1) of section 18 of this Act.

• (4) In relation to an order made under section 14 of the Town and Regional Planning (Amendment) Act, 1939, before the appointed day, that Act and the Act of 1934 shall be treated as continuing in force for the purpose of enabling effect to be given in relation to the order to the provisions contained in the said section 14.

• (5)
• (a) Any bye-laws in force immediately before the operative day under section 41 of the Public Health (Ireland) Act, 1878, for any matters other than those set out in paragraph (1) of that section shall on and after that day continue to apply in relation to—

• (i) plans which, in accordance with such bye-laws, were deposited before the operative day, and

• (ii) work carried out in accordance with plans deposited before the operative day, with or without departure or deviation from those plans, and

• (iii) works carried out and completed before the operative day.

• (b) Except as provided by the foregoing paragraph, all bye-laws in force immediately before the operative day under section 41 of the Public Health (Ireland) Act, 1878, for any matters other than those set out in paragraph (1) of that section shall be repealed on the operative day, but subsections (1) and (2) of section 21 of the Interpretation Act, 1937, shall apply in relation to the repeals effected by this paragraph as they apply in relation to the repeal of any provision in an Act of the Oireachtas.

• (c) The amendment made by subsection (11) of section 86 of this Act in any enactment shall not apply so as to exclude from that enactment any reference to bye-laws made under section 41 of the Public Health (Ireland) Act, 1878, as in force before the operative day, or as continued in force by this subsection.

• (d) In this subsection “the operative day” means the day on which this subsection comes into operation.

• (6)
• (a) A licence under section 137 of the Cork Improvement Act, 1868, section 47 of the Dublin Corporation Act, 1890, or section 35 of the Local Government Act, 1925, in force immediately before the appointed day shall be treated for the purposes of this Act as a licence under section 89 of this Act.

• (b) An appeal under section 35 of the Local Government Act, 1925, pending immediately before the appointed day shall be treated for the purposes of this Act as an appeal under section 89 of this Act.

• (c) Regulations in force immediately before the appointed day under section 35 of the Local Government Act, 1925, shall continue in force as if they were regulations under section 89 of this Act and may be amended or revoked accordingly.

• (d) Subsection (8) of section 89 of this Act shall not have effect in relation to an appliance or structure referred to in subsection (1) of that section (other than a hoarding, fence or scaffold in the county borough of Dublin or in the county borough of Cork or a petrol pump) before the expiration of the period of six months beginning on the appointed day.

FIRST SCHEDULE. Towns.

Part I.

Ardee

Balbriggan

Ballybay

Ballyshannon

Bandon

Bantry

Belturbet

Boyle

Callan

Cootehill

Droichead Nua

Edenderry

Fethard in the county of Tipperary South Riding

Gorey

Granard

Kilkee

Lismore

Loughrea

Mountmellick

Muinebeag

Mullingar

Newcastle West

Passage West

Portlaoighise

Rathkeale

Roscommon

Tramore

Tuam

Part II.

Abbeyfeale

Abbeyleix

Athenry

Bailieborough

Ballaghaderreen

Ballinrobe

Ballybofey

Ballybunion

Ballyhaunis

Banagher

Blanchardstown

Blarney

Caher

Cahersiveen

Carndonagh

Carrick-on-Shannon

Castlecomer-Donaguile

Castleisland

Castlereagh

Celbridge

Clara

Claremorris

Clifden

Clondalkin

Dingle

Donegal

Dunmanway

Ennistimon

Gort

Graiguenamanagh-Tinnahinch

Greystones-Delgany

Kanturk

Kenmare

Kildare

Killorglin

Killybegs

Kilmallock

Lucan-Doddsborough

Malahide

Maynooth

Millstreet

Mitchelstown

Moate

Monasterevin

Mountrath

Moville

Portarlington

Portlaw

Rathdrum

Rathluirc

Roscrea

Rush

Skerries

Swineford

Swords

Tallaght

Thomastown

Tullow

SECOND SCHEDULE. Repeals.

Session and Chapter or Number and Year	Short Title	Extent of Repeal
10 & 11 Vic., c. 34.	Towns Improvement Clauses Act, 1847.	Sections 66 to 72 and 110 and 111.
14 & 15 Vic., c. 92.	Summary Jurisdiction (Ireland) Act, 1851.	Subsection (2) of section 9.
17 & 18 Vic., c. 103.	Towns Improvement (Ireland) Act, 1854.	In section 38 the words “and also so much thereof as relates to improving the line of the streets and removing obstructions”; section 44.
24 & 25 Vic., c. 26.	Dublin Improvement Act Amendment Act, 1861.	Section 9.
31 & 32 Vic., c. xxxiii.	Cork Improvement Act, 1868.	Sections 132 to 135 and 137 and 146.
41 & 42 Vic., c. 52.	Public Health (Ireland) Act, 1878.	Sections 39 and 40.
53 & 54 Vic., c. ccxlvi.	Dublin Corporation Act, 1890.	Sections 39, 47 and 48.
7 Edw. 7, c. 27.	Advertisements Regulation Act, 1907.	The whole Act.
7 Edw. 7, c. 53.	Public Health Acts Amendment Act, 1907.	Sections 27 and 91.
No. 5 of 1925.	Local Government Act, 1925.	Section 35.
No. 22 of 1934.	Town and Regional Planning Act, 1934	The whole Act.
No. 11 of 1939.	Town and Regional Planning (Amendment) Act, 1939.	The whole Act.

THIRD SCHEDULE. Purposes for which Objectives may be indicated in Development Plan.

Part I.

Roads and Traffic.