LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963

Type Act

Publication 1963-08-07

Last updated 2001-12-19

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 92

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

50 amending acts · 2001-12-19, S.I. No. 600/2001 - Planning and Development Regulations, 2001

Reform history JSON API

Establishment of public rights of way.

Construction of new roads and alteration of existing roads.

Closing or diverting of existing roads.

Extinguishment of public and private rights of way.

Establishing—

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

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

Providing for works incidental to the making, improvement or landscaping of any road, including the erection of bridges, tunnels and subways and shelters, the provision of artificial lighting and seats and the planting or protecting of grass, trees and shrubs on or adjoining such road.

Part II.

Structures.

Regulating and controlling, either generally or in particular areas, all or any of the following matters—

(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.

Regulating and controlling the design, colour and materials of structures.

Reserving or allocating any particular land, or all land in any particular area, for structures of a specified class or classes, or prohibiting or restricting either permanently or temporarily, the erection, construction or making of any particular class or classes of structures on any specified land.

Limiting the number of structures or the number of structures of a specified class which may be constructed, erected or made, on, in or under any area.

The removal or alteration of structures which are inconsistent with the development plan.

Regulating and controlling—

(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;

(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.

Part III.

Community Planning.

Regulating the layout of areas, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures.

Determining the provision and siting of schools, churches, meeting halls and other community facilities.

Determining the provision and siting of sanitary services and recreational facilities.

Part IV.

Amenities.

Reserving of lands as—

(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.

Reserving, as a public park, public garden or public recreation space, land normally used as such.

Reserving of land for burial grounds.

Reserving of lands for game and bird sanctuaries.

Preservation of buildings of artistic, architectural or historical interest.

Preservation of caves, sites, features and other objects of archaeological, geological or historical interest.

Preservation of views and prospects and of amenities of places and features of natural beauty or interest.

(a) Preservation and protection of woods.

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

Prohibiting, restricting or controlling, either generally or in particular places or within a specified distance of the centre line of all roads or any specified road, the erection of all or any particular forms of advertisement structure or the exhibition of all or any particular forms of advertisement.

10.

Preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any structure, or from the objectionable or neglected condition of any land attached to a structure or abutting on a public road or situate in a residential area.

11.

Prohibiting, regulating or controlling the deposit or disposal of waste materials and refuse, the disposal of sewage and the pollution of rivers, lakes, ponds, gullies and the seashore.

12.

Providing on derelict sites or other land facilities such as car parks, seating, playing facilities, tennis-courts, shelters, toilets and playgrounds.

13.

Preservation of any existing public right of way giving access to seashore, mountain, lakeshore, riverbank, or other place of natural beauty or recreational utility.

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.

Preparation of sites.

Strength and stability.

Fire precautions (including resistance of structure to the outbreak and spread of fire, the protection of occupants and means of escape in the event of fire).

Resistance to moisture.

Resistance to the transmission of heat.

Resistance to the transmission of sound.

Durability.

Resistance to infestation.

Drainage.

10.

Ventilation (including the provision of open space therefor).

11.

Daylighting (including the provision of open space therefor).

12.

Heating and artificial lighting.

13.

Services, installations and ancillary equipment (including services, installations and ancillary equipment for the supply or use of gas or electricity, and the provision of such arrangements for heating and cooking as are calculated to prevent or control so far as practicable the emission of smoke or noxious gases).

14.

Accommodation and ancillary equipment.

15.

Access.

16.

Prevention of danger and obstruction.

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