Local Government (Planning and Development) Act , 1963

(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.

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

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.

Roads and Traffic.

(a) the line, width, level and construction of,

(b) the means of access to and egress from, and

(c) the general dimensions and character of, roads, whether new or existing.

Structures.

(a) the size, height, floor area and character of structures;

(b) building lines, coverage and the space about dwellings and other structures;

(c) the extent of parking places required in, on or under structures of a particular class or size or services or facilities for the parking, loading, unloading or fuelling of vehicles;

(d) the objects which may be affixed to structures;

(e) the purposes for and the manner in which structures may be used or occupied, including, in the case of dwellings, the letting thereof in separate tenements.

(a) the disposition or layout of structures or structures of any specified class (including the reservation of reasonable open space in relation to the number, class and character of structures in any particular development proposal);

(b) the manner in which any land is to be laid out for the purpose of development, including requirements as to road layout, landscaping, planting;

(c) the provision of water supplies, sewers, drains and public lighting;

(d) the provision of service roads and the location and design of means of access to roads;

(e) the provision of facilities for parking, unloading, loading and fuelling of vehicles on any land.

Community Planning.

Amenities.

(a) open spaces, whether public or private (other than open spaces reserved under Part II of this Schedule or under the next paragraph),

(b) caravan or camping sites.

(b) Preservation and protection of trees, shrubs, plants and flowers.

FOURTH SCHEDULE. Rules inserted in Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919.

(7) In the case of a compulsory acquisition of buildings, the reference in Rule (5) to the reasonable cost of equivalent reinstatement shall be taken as a reference to that cost not exceeding the estimated cost of buildings such as would be capable of serving an equivalent purpose over the same period of time as the buildings compulsorily acquired would have done, having regard to any structural depreciation in those buildings.

(8) The value of the land shall be calculated with due regard to any restrictive covenant entered into by the acquirer when the land is compulsorily acquired.

(9) Regard shall be had to any restriction on the development of the land in respect of which compensation has been paid under the Local Government (Planning and Development) Act, 1963.

(10) Regard shall be had to any restriction on the development of the land which could, without conferring a right to compensation, be imposed under any Act or under any order, regulation, rule or bye-law made under any Act.

(11) Regard shall not be had to any depreciation or increase in value attributable to—

(a) the land, or any land in the vicinity thereof, being reserved for any particular purpose in a development plan, or

(b) inclusion of the land in a special amenity area order.

(12) No account shall be taken of any value attributable to any unauthorised structure or unauthorised use.

(13) No account shall be taken of—

(a) the existence of proposals for development of the land or any other land by a local authority, or

(b) the possibility or probability of the land or other land becoming subject to a scheme of development undertaken by a local authority.

(14) Regard shall be had to any contribution which a planning authority would have required as a condition precedent to the development of the land.

(15) In Rules (9), (10), (11), (12), (13) and (14) “development”, “development plan”, “special amenity area order”, “unauthorised structure”, “unauthorised use”, “local authority” and “the appointed day” have the same meanings respectively as in the Local Government (Planning and Development) Act, 1963.

(16) In the case of land incapable of reasonably beneficial use which is purchased by a planning authority under section 29 of the Local Government (Planning and Development) Act, 1963, the compensation shall be the value of the land exclusive of any allowance for disturbance or severance.

FIFTH SCHEDULE. Matters for which Building Regulations may prescribe Standards.