Local Government (Planning and Development) Act , 1976

1 Interpretation.

1.—In this Act—

“the appropriate day” means the day on which section 14 of this Act comes into operation;

“the Board” has the meaning assigned to it by section 3 of this Act;

“company” except in section 34 (4), means a company within the meaning of section 2 of the Companies Act, 1963, or a company incorporated outside the State;

“the establishment day” means the day appointed to be the establishment day for the purposes of this Act by order of the Minister under section 2 of this Act;

“judicial office” means an office, being the office of Chief Justice, President of the High Court, ordinary judge of the Supreme Court or ordinary judge of the High Court;

“manager” means a manager within the meaning of section 1 of the City and County Management (Amendment) Act, 1955;

“the Principal Act” means the Local Government (Planning and Development) Act, 1963;

“shares” includes stock and “share capital” shall be construed accordingly.

2 Establishment day.

2.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

3 Establishment of Bord Pleanála.

3.—(1) On the establishment day there shall be established a body to be known as An Bord Pleanála (in this Act referred to as the Board) to perform the functions assigned to it by this Act.

(2) The provisions of the Schedule to this Act shall have effect with respect to the Board.

4 Chairman of Board.

4.—(1) The chairman of the Board shall be either—

(a) such ordinary judge of the High Court as is for the time being nominated with his consent by the Government after consultation with the President of the High Court, or

(b) a person who is appointed by the Government and formerly held, but who no longer holds, judicial office.

(2) If immediately before the exercise by the Government of a power under subsection (1) of this section there is in force a nomination under that subsection, then on the exercise the nomination shall cease to have effect.

(3) A judge of the High Court who is chairman of the Board shall on ceasing to be an ordinary judge of the High Court also cease to be chairman of the Board.

(4) A person who ceases to be chairman of the Board by virtue of subsection (3) of this section may be appointed under subsection (1) of this section.

(5) Where a person is nominated under subsection (1) of this section, the following provisions shall apply for the duration of the relevant period, namely,

(a) the fact that the person is an ordinary judge of the High Court shall be disregarded in applying section 1 (1) of the Courts Act, 1973, and

(b) the said section 1 (1) shall have effect accordingly.

(6) In this section “the relevant period” means, as regards a person nominated under subsection (1) of this section, the period beginning on the day on which the person is so nominated and ending on either—

(a) the day on which the person ceases to be an ordinary judge of the High Court, or

(b) the day on which the next subsequent such nomination is made,

whichever first occurs.

5 Board to keep itself informed on certain policies and objectives.

5.—(1) The Board shall, so far as may in the opinion of the Board be necessary for the performance of its functions, keep itself informed of the policies and objectives for the time being of the Minister, planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and development (including the preservation and development of amenities) of cities, towns or other areas, whether urban or rural.

(2) In this section “public authority” means any Minister of State not being the Minister, the Commissioners of Public Works in Ireland, the Irish Land Commission, a harbour authority within the meaning of section 2 of the Harbours Act, 1946, and any other body established by or under statute which is for the time being declared, by regulation made by the Minister, to be a public authority for the purposes of this section.

6 General policy directives as to development.

6.—(1) The Minister shall, from time to time, give to the Board such general directives as to policy in relation to planning and development as he considers necessary.

(2) The Board shall in performing its functions have regard to any directive under this section.

(3) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to any particular case with which the Board is or may be concerned.

(4) Where the Minister gives a directive under this section, the following provisions shall apply, namely—

(a) as soon as may be the Minister shall cause a copy of the directive to be laid before each House of the Oireachtas,

(b) the directive shall be published in the Iris Oifigiúil, and

(c) the Minister shall cause a copy of the directive to be sent to each planning authority.

7 Grants to Board.

7.—There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Board in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance and after consultation with the Board in relation to its programme of expenditure for that year, may fix.

8 Accounts and audits.

8.—(1) The Board shall keep in such form as may be approved by the Minister, after consultation with the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.

(2) Accounts kept in pursuance of this section shall be submitted by the Board to the Comptroller and Auditor General for audit at such times as the Minister shall direct and, when audited by him, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Minister who shall cause copies to be laid before each House of the Oireachtas.

9 Annual report and information to Minister.

9.—(1) The Board shall, not later than the 30th day of September in each year, make a report to the Minister of its proceedings during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The Board shall supply the Minister with such information relating to the performance of its functions as he shall from time to time request.

10 Employees of Board.

10.—(1) The Board shall appoint such and so many persons to be employees of the Board as the Board, subject to the approval of the Minister as to the number and kind of such employees, from time to time thinks proper.

(2) The Board may employ a person in a part-time capacity to be remunerated by the payment of fees of such amounts as the Board may, with the approval of the Minister given with the consent of the Minister for the Public Service, from time to time determine.

(3) An employee of the Board shall hold his employment on such terms and conditions as the Board, subject to the approval of the Minister, from time to time determines.

(4) There shall be paid by the Board to its employees out of moneys at its disposal such remuneration and allowances as the Board, subject to the approval of the Minister, with the consent of the Minister for the Public Service, from time to time determines.

11 Superannuation of employees of Board.

11.—(1) As soon as conveniently may be after the establishment day, the Board shall prepare and submit to the Minister for his approval, a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such wholetime employees of the Board as it may think fit.

(2) The Board may at any time, prepare and submit to the Minister, a scheme amending a scheme under this section.

(3) Where a scheme is submitted to the Minister pursuant to this section, the Minister may, with the concurrence of the Minister for the Public Service, approve the scheme without modification or with such modification (whether by way of addition, omission or variation) as the Minister shall, with such concurrence, think proper.

(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be carried out by the Board in accordance with its terms.

(5) A scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or other allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(6) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or other allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for the Public Service, whose decision shall be final.

(7) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

12 Membership of either House of Oireachtas or of local authority of employees of Board.

12.—(1) Where a person who is an employee of the Board is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas or becomes a member of a local authority, he shall stand seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board any remuneration or allowances—

(a) in case he is nominated as a member of Seanad Éireann, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House,

(b) in case he is nominated for election to either such House, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House or fails to be elected or withdraws his candidature, as may be appropriate,

(c) in case he becomes a member of a local authority, in respect of the period commencing on his becoming a member of the local authority and ending when he ceases to be a member of that authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming an employee of the Board.

(3) A person who is for the time being a member of a local authority shall, while holding office as such member, be disqualified from becoming an employee of the Board.

13 Consultants and advisers.

13.—(1) The Board may from time to time engage such consultants or advisers as it may consider necessary for the discharge of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Board out of moneys at its disposal.

(2) Any person may notify the Board in writing of his willingness to be engaged by the Board as a consultant or adviser pursuant to this section and such person when so notifying the Board shall give to the Board particulars of his qualifications and experience.

(3) The Board shall maintain a list of the persons who duly give to the Board a notification pursuant to subsection (2) of this section.

(4) The Board shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (3) of this section, but the foregoing provisions of this subsection shall not be construed as precluding the Board from engaging as a consultant or adviser a person whose name is not on the said list.

(5) The Board shall include in each report made under section 9 of this Act a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.

14 Certain appeals and other matters to be brought or referred to Board.

14.—(1) An appeal under a relevant section of the Principal Act shall, in lieu of being brought to the Minister, be brought to the Board and if it is not withdrawn, be decided by the Board, and—

(a) in case the appeal relates to an application, notice or order, the application, notice or order shall be determined or confirmed or annulled (as the case may be) accordingly, and

(b) in case the appeal relates to a licence under section 89 of the Principal Act, such directions shall be given with respect to the withdrawing or granting or altering of the licence as may be appropriate.

(2) Any question as to what, in any particular case, is or is not development or exempted development shall, in lieu of being referred to and decided by the Minister under section 5 (1) of the Principal Act, be referred to and be decided by the Board.

(3) In case a condition referred to in subsection (2) (f) of section 26 of the Principal Act is attached to a permission or approval granted under that section and there is not agreement in relation to the contribution required by subsection (7) of the said section 26 to be made by a local authority, the matter shall, in lieu of being determined by the Minister under the said subsection (7), be referred to the Board which shall determine the amount of the contribution.

(4) In case there is attached to a permission or approval granted under section 26 of the Principal Act a condition which provides that a contribution or other matter is to be agreed between the planning authority and the person to whom the permission or approval is granted and that in default of agreement the contribution or other matter is to be determined by the Minister, the condition shall be construed as providing that in default of agreement the contribution or other matter is to be determined by the Board.

(5) The functions of the Minister under section 29 of the Principal Act are hereby transferred to the Board and without prejudice to the generality of subsection (9) of this section the references in the said section 29 to the Minister shall each be construed as referring to the Board.

(6) Any question or dispute whether a new structure would or does replace substantially within the meaning of section 56 of the Principal Act a demolished or destroyed structure shall, in lieu of being determined by the Minister, be determined by the Board.

(7) For the purposes of the foregoing subsections of this section, the Principal Act (as amended by this Act) shall, with any necessary modifications, apply to the following, namely—

(a) the bringing of an appeal to the Board,

(b) the making of a reference to the Board,

(c) a decision of the Board on an appeal,

(d) the confirmation or annulment (as the case may be) by the Board of the notice or order to which an appeal relates,

(e) the determination of a question or dispute by the Board to which a reference under section 5 (1) of the Principal Act relates,

(f) the determination by the Board of a disagreement, question or dispute to which section 26 (7) or section 56 (3) of the Principal Act relates,

(g) the confirmation of a purchase notice served on a planning authority under section 29 of the Principal Act,

(h) the compliance with directions given by the Board in relation to an appeal relating to a licence under section 89 of the Principal Act, and

(i) the determination by the Board of a contribution or other matter to be determined by the Board by virtue of subsection (4) of this section,

as, immediately before the appropriate day, it applied to whichever of the following is appropriate, namely, the bringing or making of a corresponding appeal or reference to the Minister under the Principal Act, a decision of the Minister on such an appeal, the confirmation or annulment or determination by the Minister of a notice, order, question or dispute relating to such an appeal or reference, the determination by the Minister of a disagreement, question or dispute to which the said section 26 (7) or 56 (3) relates, the confirmation by the Minister of a purchase notice, the compliance with directions given by the Minister in relation to an appeal relating to a licence under the said section 89 or the determination by the Minister of a contribution or other matter pursuant to a condition mentioned in the said subsection (4).

(8) The Board may in determining an appeal under section 26 or 27 of the Principal Act decide to grant a permission or approval even if the proposed development contravenes materially the development plan or any special amenity area order relating to the area of the planning authority to whose decision the appeal relates.

(9) Wherever the Principal Act refers to the Minister in relation to—

(a) an appeal under a relevant section,

(b) a reference under section 5 (1) of the Principal Act,

(c) a determination of a disagreement, question or dispute to which section 26 (7) or section 56 (3) of the Principal Act relates,

(d) a decision on an appeal under a relevant section,

(e) a determination pursuant to section 85 of the Principal Act as to whether a consent was unreasonably withheld,

(f) a determination, confirmation or annulment (as the case may be) of the notice or order, question or dispute to which an appeal under a relevant section or a reference mentioned in paragraph (b) of this subsection relates,

(g) a requirement requiring applicants or planning authorities to furnish to the Minister any specified information, or

(h) any word cognate to appeal, reference, decision, determination, confirmation or annulment,

that Act, other than section 18 thereof, shall be construed as referring to the Board.

(10) In this section “a relevant section” means a section which is section 26, 27, 30, 33, 36, 37, 44, 45, 46, 48, 85 or 89 of the Principal Act.

15 £10 deposit to be lodged by appellants.

15.—(1) A deposit of £10 shall be lodged with the Board by an appellant with his appeal and any appeal to the Board which is not accompanied by such deposit shall be invalid.

(2) As soon as may be after an appeal to the Board is either withdrawn or determined, subject to section 18 (3) of this Act, the Board shall return the deposit to the appellant.

16 Oral hearings.

16.—(1) Except where a direction is given by the Minister under this section, the Board shall have an absolute discretion to hold an oral hearing of any reference or appeal to the Board.

(2) Where the Board is requested to hold an oral hearing of a reference or appeal and decides to determine the reference or appeal without an oral hearing, the Board—

(a) shall serve notice of its decision on the person who requested such hearing, and