LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976

AN ACT TO MAKE BETTER PROVISION, IN THE INTERESTS OF THE COMMON GOOD, IN RELATION TO THE PROPER PLANNING AND DEVELOPMENT OF CITIES, TOWNS AND OTHER AREAS, WHETHER URBAN OR RURAL, AND, FOR THAT PURPOSE, TO ESTABLISH A BODY TO BE KNOWN AS AN BORD PLEANALA AND TO DEFINE ITS FUNCTIONS AND TO AMEND AND EXTEND THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [5th July, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

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

• (b) shall not proceed to determine the reference or appeal until after the expiration of the period mentioned in subsection (3) of this section.

• (3) Any person on whom a notice is served under subsection (2) of this section, other than a person on whom there has also been served a notice under section 18 of this Act relating to the relevant reference or appeal, may, at any time before the expiration of fourteen days beginning on the day on which the notice under the said subsection (2) is served, apply in writing to the Minister for a direction under this section as regards the relevant reference or appeal.

• (4) In case an application is made under subsection (3) of this section to the Minister, unless the Board decides to hold an oral hearing of the relevant reference or appeal, it shall not determine such reference or appeal pending the decision of the Minister on the application.

• (5) The Minister may direct the Board to hold an oral hearing of any reference or appeal to the Board and any such direction shall be complied with by the Board.

17 Matters other than those raised by parties may be taken into account in determining references or appeals.

17.—The Board in deciding a reference or appeal may take into account matters other than those raised by the parties to the reference or appeal if the matters either relate to the proper planning and development of the area of the relevant planning authority or are matters to which by virtue of section 24 (2) of this Act the Board may have regard, provided that the matters are brought to the notice of those parties and they are accorded an opportunity of making observations thereon to the Board or, in the case of an oral hearing, the person conducting the hearing.

18 Power of Board as regards vexatious references or appeals, etc.

18.—(1) Where the Board is of opinion that a reference or appeal is vexatious or is being unnecessarily delayed by any party, the Board may serve a notice on the party stating that it will, at a time after the day specified in the notice (being a day which is not less than seven days after the service of the notice) without further notice to the party, determine the reference or appeal to which the notice relates, and that the reference or appeal may be so determined by the Board notwithstanding the fact that no submission has been made to the Board by the party in relation to the reference or appeal.

• (2) Where a notice has been served under this section the Board may, at any time after the day specified in the notice, without further notice to the party on whom the notice was served, determine the reference or appeal, and the reference or appeal may be so determined by the Board notwithstanding the fact that no submission has been made to the Board by such party in relation to the reference or appeal.

• (3) In case the Board in determining an appeal is of opinion that the appeal is vexatious, the Board may direct that the deposit lodged in relation to the appeal shall be forfeited to the Board.

19 Expenses of appeal.

19.—(1) Subject to subsection (2) of this section, where there is an appeal to the Board against a decision of a planning authority—

• (a) the Board, if it so thinks proper and irrespective of the result of the appeal, may direct the planning authority to pay—

• (i) to the appellant, such sum as the Board, in its absolute discretion, specifies as compensation to the appellant for the expense occasioned to him in relation to the appeal,

• (ii) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the hearing of the appeal;

• (b) in case the decision of the planning authority is confirmed on appeal, or where the decision is varied on appeal, if the Board in determining the appeal does not accede in substance to the appellant's grounds of appeal, the Board, if it so thinks proper, may direct the appellant to pay—

• (i) to the planning authority, such sum as the Board, in its absolute discretion, specifies as compensation to the planning authority for the expense occasioned to them in relation to the appeal,

• (ii) to any of the other parties to the appeal, such sum as the Board, in its absolute discretion, specifies as compensation to the party for the expense occasioned to him in relation to the appeal,

• (iii) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the hearing of the appeal.

• (2) A direction to pay any sum exceeding £50 shall be given by the Board under subsection (1) of this section only after consultation with the Minister.

• (3) Any sum directed under this section to be paid shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

20 Supplemental provisions relating to references and appeals.

20.—(1) The Minister may make regulations providing for any matter of procedure in relation to references or appeals to the Board.

• (2) Regulations shall be made under this section providing for any oral hearing by the Board of a reference or appeal being conducted by a person appointed for that purpose by the Board.

• (3) The Minister may make regulations enabling the Board when considering an appeal under section 26 or 27 of the Principal Act to invite an applicant and to enable an applicant so invited to submit to the Board revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the appeal relates.

• (4) In case plans, drawings or particulars mentioned in subsection (3) of this section are submitted to the Board by virtue of regulations made under that subsection, the Board may in deciding the appeal grant a permission or an approval for the relevant development as modified by all or any of such plans, drawings or particulars.

21 Transitional.

21.—(1) In case immediately before the appropriate day an appeal, contribution, question or dispute referred to in section 14 of this Act or an appeal pursuant to section 25 of this Act was being considered by the Minister, the said section 14 and sections 16, 17, 18, 19 and 20 of this Act shall apply in relation to the appeal, contribution, question or dispute which, in lieu of being further considered by the Minister under the Principal Act, shall, unless it is withdrawn, be decided or determined by the Board as if it had been originally brought or referred to the Board under this Act.

• (2) In case before the appropriate day a purchase notice within the meaning of section 29 of the Principal Act has been served on a planning authority and the authority have not served before that day a notice in relation thereto under subsection (2) of that section stating that they are willing to comply with the purchase notice, the following provisions shall have effect:

• (a) in case the planning authority propose to serve on the relevant owner a notice in accordance with paragraph (b) of the said subsection (2) and the authority have not before the said day transmitted to the Minister copies of the notices referred to in subsection (4) of the said section 29, for the avoidance of doubt it is hereby declared that section 14 (5) of this Act shall apply in relation to the notice.

• (b) in case the planning authority have before the appropriate day transmitted to the Minister the copies of the notices referred to in the said subsection (4) but the Minister before the appropriate day has neither confirmed the purchase notice nor taken any such other action as is mentioned in paragraph (i) or paragraph (ii) of the proviso to the said subsection (4), nor notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice in lieu of being further considered by the Minister shall be considered by the Board as if the copy of it had been transmitted to the Board on the appropriate day, and the said subsection (4) and subsection (5) of the said section 29, as amended by this Act, shall with the necessary modifications apply in relation to the notice, and

• (c) in either case, notwithstanding section 14 (9) of this Act, the said subsection (2) shall have effect in relation to the notice required to be served by that subsection as if “the Minister or the Board, as may be appropriate” were therein substituted for “the Minister”.

• (3) For the purpose of enabling the Board to perform its functions on and from the appropriate day, the Board may, as an interim measure, make arrangements for the supply to the Board by the Minister of any services required by the Board pending the making by the Board of sufficient appointments pursuant to section 10 of this Act and the Minister may supply and the Board may avail of services for which arrangements are made under this subsection.

22 Time for appeals generally.

22.—(1) Where a provision of this Act authorising an appeal (other than an appeal to a court) enables the appeal only to be made within a specified period, the appeal, if sent by post, shall be received not later than the third day after that period and any appeal so sent which is not so received shall be invalid as not being made in time.

• (2) Where a provision of the Principal Act authorising an appeal (other than an appeal to a court) enables the appeal only to be made within, or before the expiration of, a specified period or before a specified day, that provision shall be construed as including—

• (a) a requirement that the appeal is, if sent by post, to be received not later than the third day after that period or day, and

• (b) a provision that any appeal so sent which is not so received shall be invalid as not being made in time.

23 Reports of inspections, etc.

23.—Where in connection with either the performance by the Minister of any of the functions assigned to him under the Local Government (Planning and Development) Acts, 1963 and 1976, or the performance by the Board of its functions an inspection is carried out or an oral hearing is conducted on behalf of the Minister or the Board, as the case may be, by a person appointed for the purpose by the Minister or the Board, the person so appointed shall make to the Minister or the Board, as may be appropriate, a written report on the inspection or hearing, as the case may be, and shall include in his report a recommendation relating to the matter with which the inspection or hearing was concerned, and the Minister or the Board, as may be appropriate, shall, before determining the matter in relation to which the inspection was carried out or the hearing was conducted, consider the report (including any recommendation contained therein).

24 Additional matters to which planning authority or Board may have regard in considering certain applications, etc. and certain appeals.

24.—(1) Notwithstanding anything contained in the Principal Act, a planning authority in considering,

• (a) an application for a permission under section 26 or 27 of that Act,

• (b) whether or not it is expedient to serve a notice under section 30, 31, 32, 33 or 35 of that Act,

• (c) whether or not to serve a notice under section 36 or 37 of that Act,

shall, where they consider it appropriate, have regard to either or both of the following, namely,

• (i) the probable effect which a particular decision by them on the matter would have on any place which is not within, or on any area which is outside, their area, and

• (ii) any other consideration relating to development outside their area.

• (2) Notwithstanding anything contained in the Principal Act, the Board in considering an appeal brought under section 26, 27, 30, 33, 36 or 37 of that Act shall, where it considers it appropriate, have regard to either or both of the following namely,

• (a) the probable effect which a particular decision by it on the matter would have on any place which is not within, or on any area which is outside, the area of the relevant planning authority, and

• (b) any other consideration relating to development outside the area of that authority.

25 Enforcement of planning control (open spaces).

25.—(1) Where—

• (a) development is being or has been carried out pursuant to a permission under section 26 of the Principal Act, and

• (b) (i) a condition requiring the provision or maintenance of land as open space, being open space to which this section applies, was attached to the permission, or

• (ii) it was either explicit or implicit in the application for the said permission that land would be provided or maintained as such open space, and

• (c) the planning authority have served on the owner of the land a written request that, within a period specified in the request (being a period of not less than two months commencing on the date of the request), he will provide, level, plant or otherwise adapt or maintain such land in a manner so specified, being a manner which in their opinion would make it suitable for the purpose for which the open space was to be provided, and

• (d) the owner fails to comply or to secure compliance with such request within the period so specified,

the planning authority may, if they think fit, publish in a newspaper circulating in the district a notice (subsequently in this section referred to as an acquisition notice) of their intention to acquire the land by order under this section and the acquisition notice shall specify a period (being a period of not less than two months commencing on the date on which the notice is published) within which an appeal may be made under this section.

• (2) Where a planning authority publish an acquisition notice, they shall serve a copy of the notice on the owner of the land to which the notice relates not later than ten days after the date of the publication.

• (3) Any person for the time being having an interest in the land to which an acquisition notice relates may within the period specified in the notice appeal—

• (a) in case the appeal is made before the appropriate day, to the Minister,

• (b) in case the appeal is made on or after the appropriate day, to the Board.

• (4) Where an appeal is brought under this section, the Minister or the Board, as may be appropriate, may—

• (a) annul the acquisition notice to which the appeal relates, or

• (b) confirm the acquisition notice, with or without modification, in respect of all or such part of the relevant land as the Minister or the Board considers reasonable.

• (5) In case a planning authority publish an acquisition notice and either—

• (a) the period for appealing against the notice has expired and no appeal has been taken, or

• (b) an appeal has been taken against the notice and the appeal has been withdrawn or the notice has been confirmed whether unconditionally or subject to modifications, the planning authority may make an order in the prescribed form which order shall be expressed and shall operate to vest the land to which the acquisition notice, or, where appropriate, the acquisition notice as confirmed, relates in the planning authority on a specified date for all the estate, term or interest for which immediately before the date of the order the said land was held by the owner together with all rights and liabilities which, immediately before the said date, were enjoyed or incurred in connection therewith by the owner together with an obligation to comply with the request made under paragraph (c) of subsection (1) of this section.

• (6) Where a planning authority have acquired by an order under this section land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the authority by the owner thereof on that date.

• (7) When a planning authority make an order under this section in relation to any land, they shall send the order to the registering authority under the Registration of Title Act, 1964, and thereupon the registering authority shall cause the planning authority to be registered as owner of the land in accordance with the order.

• (8) Where a claim is made for compensation in respect of land to which an order under this section relates and the matter falls to be determined by arbitration in pursuance of section 68 of the Principal Act, the following provisions shall apply:

• (a) unless it is shown by or on behalf of the owner that an amount equal to the value of the land to which the relevant permission under section 26 of the Principal Act relates, being that value at the time when the application for the permission was made, as a result of the development has not been recovered and as a further such result will not in the future be recoverable by disposing of the land which is land to which the permission relates and which is not land to which the order relates, the arbitrator shall make a nil award, and

• (b) in the assessment of the value of the land to which the order relates, no regard shall be had to its value for use other than as open space and a deduction shall be made in respect of the cost of carrying out such works as may be necessary to comply with the request made pursuant to paragraph (c) of subsection (1) of this section.

• (9) A planning authority shall enter in the register—

• (a) particulars of any acquisition notice published by them,

• (b) the date and effect of any decision on appeal in relation to such notice,

• (c) particulars of any order made under this section,

and every such entry shall be made within the period of seven days commencing on the day of publication, receipt of notification of the decision or the making of the order, as may be appropriate.

• (10) This section applies to any form of open space (whether referred to as open space or by any other description in the relevant application for a permission or in a condition attached to the relevant permission) being land which is not described in the said application or condition either as private open space or in terms indicating that it is not intended that members of the public are to have resort thereto without restriction.

26 Warning notice.

26.—(1) Where it appears to a planning authority that—

• (a) land is being or is likely to be developed in contravention of section 24 of the Principal Act, or

• (b) any unauthorised use is being made of land, or

• (c) any tree or other feature (whether structural or natural) or any other thing the preservation of which is required by a condition subject to which a permission for the development of any land was granted, may be removed or damaged,

the planning authority may serve on the owner of the land a notice (in this section subsequently referred to as a warning notice) and may give a copy of the said notice to any other person who in their opinion may be concerned with the matters to which the notice relates.

• (2) A warning notice shall refer to the land concerned and—

• (a) in relation to any land being developed or likely to be developed, require that development thereof in contravention of section 24 of the Principal Act shall not be commenced or, if such development has been commenced, that it shall be discontinued forthwith,

• (b) in relation to any unauthorised use of land, require that the unauthorised use shall be discontinued forthwith,

• (c) in relation to a condition requiring the preservation of any tree, other feature or thing, require that the tree, other feature or thing, as may be appropriate, shall neither be removed nor damaged and that any reasonable steps necessary for its preservation shall be taken by the owner of the land,

and such notice shall also require the owner of the land to take adequate steps to ensure compliance with the notice and shall contain a warning that proceedings under this section may be brought by the relevant planning authority against him and any other person who fails to comply with the requirements of the notice or who assists or permits any development or use of land or the doing of any other thing in contravention thereof.

• (3) In case a warning notice has been served in relation to the breach of a condition mentioned in paragraph (c) of subsection (2) of this section, anything done in relation to the tree, other feature or thing to which the notice relates shall if it is done with the consent in writing of the planning authority by whom the notice was served not be an offence under this section.

• (4) Any person who—

• (a) knowingly fails to comply with the requirements of a warning notice, or

• (b) knowingly assists or permits,

• (i) the carrying out by another of any development required by a warning notice not to be commenced or to be discontinued, or

• (ii) the continuance by another of a use required by a warning notice to be discontinued, or

• (iii) the doing by another of any other thing in contravention of a warning notice, or

• (c) otherwise damages or removes any tree, other feature or thing to which a warning notice relates,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred and fifty pounds.

• (5) Where a person is convicted of an offence under this section and there is a continuation by him of the offence after conviction, he shall be liable on summary conviction to a fine not exceeding one hundred pounds for each day on which the offence is so continued or to imprisonment for a term not exceeding six months or to both the fine and the imprisonment.

• (6) An enforcement notice within the meaning of section 31, 32 or 35 of the Principal Act may be served whether or not there has been a prosecution under this section.

• (7) The following provisions shall apply in relation to proceedings under this section in which the offence alleged is the removal of or damage to a tree, other feature or thing to which a warning notice relates, namely—

• (a) in case the defendant is the owner of the land to which the warning notice relates,

• (i) it shall be sufficient for the prosecution to prove the fact that the tree, other feature or thing, as may be appropriate, was removed or damaged, and

• (ii) without prejudice to any other defence which may be open to him, it shall be a good defence if the defendant proves that he took, or caused to be taken, reasonable steps to secure compliance with the requirements of the warning notice and that he acted at all times in good faith in relation to the notice.

• (b) in any other case if, but only if, the prosecution proves that—

• (i) after the service of the warning notice steps were taken to inform persons of the existence of the notice, or to protect from damage or to preserve the tree, other feature or thing, as the case may be, with which the alleged offence is concerned, and

• (ii) the alleged removal or damage by the defendant occurred after the steps referred to in subparagraph (i) of this paragraph were taken,

it shall be assumed, until the contrary is shown by the defendant, that the tree, other feature or thing was knowingly removed or damaged, as may be appropriate, by the defendant.

• (8) In a prosecution for an offence under this section it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the development (if any) in question was neither exempted development nor development commenced before the appointed day.

• (9) For the purposes of this section, a tree shall be regarded as being removed if it is cut down or otherwise wilfully destroyed.

• (10) Where a warning notice is served under this section by a planning authority, particulars of the notice shall be entered by the authority in the register.

27 High Court may prohibit unauthorised development or use of land.

27.—(1) Where—

• (a) development of land, being development for which a permission is required under Part IV of the Principal Act, is being carried out without such a permission, or

• (b) an unauthorised use is being made of land,

the High Court may, on the application of a planning authority or any other person, whether or not the person has an interest in the land, by order prohibit the continuance of the development or unauthorised use.

• (2) Where any development authorised by a permission granted under Part IV of the Principal Act has been commenced but has not been, or is not being, carried out in conformity with the permission because of non-compliance with the requirements of a condition attached to the permission or for any other reason, the High Court may, on the application of a planning authority or any other person, whether or not that person has an interest in the land, by order require any person specified in the order to do or not to do, or to cease to do, as the case may be, anything which the Court considers necessary to ensure that the development is carried out in conformity with the permission and specifies in the order.

• (3) An application to the High Court for an order under this section shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate. The order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

28 Withdrawal by planning authority of certain notices and cancellation of relevant entries in register.

28.—(1) Where a planning authority serve a notice mentioned in section 30, 31, 32, 35, 36, 37 or 44 of the Principal Act they may by notice in writing withdraw the notice.

• (2) Where a notice is withdrawn pursuant to this section by a planning authority, the fact that the notice was withdrawn shall be recorded by the authority in the register.

29 Limit of duration of planning permission.

29.—(1) Subject to the following subsections of this section, a permission granted under Part IV of the Principal Act, whether granted before or after the passing of this Act, shall on the expiration of the period of five years beginning on the date on which this section comes into operation or on the date of the granting of the permission, whichever is the later, but without prejudice to the validity of anything done pursuant thereto prior to the expiration of that period, cease to have effect as regards—

• (a) in case the development to which the permission relates is not commenced during that period, the entire development, and

• (b) in case such development is so commenced, so much thereof as is not completed within that period.

• (2) Subsection (1) of this section shall not apply as follows:

• (a) in the case of a house, shop, office or other building which itself has been completed, in relation to the provision of any structure or works included in the relevant permission under Part IV of the Principal Act and which are either necessary for or ancillary or incidental to the use of the building in accordance with that permission, and

• (b) in the case of a development comprising a number of buildings of which only some have been completed, in relation to the provision of roads, services and open spaces included in the relevant such permission and which are necessary for or ancillary to such completed buildings.

• (3) Where—

• (a) a development has been completed to an extent described in subsection (2) of this section and a condition attached to the relevant permission is not complied with, or

• (b) a development has been so completed and there is attached to such permission a condition requiring something not to be done, or

• (c) a development has been completed save for compliance with a condition attached to the relevant permission, or

• (d) a development has been completed but there is attached to the relevant permission a condition requiring something not to be done,

then, unless a notice (in this section subsequently referred to as a waiver notice) stating that the condition need not be complied with is issued under this section, subsection (1) of this section shall neither be construed as affecting, nor operate to affect, the obligation of any person to comply with the requirements of the condition.

• (4) A planning authority may, if they think fit, issue a waiver notice on an application being made in that behalf.

• (5) Any person who is aggrieved by the decision of a planning authority on an application for a waiver notice may appeal to the Board within the period of twenty-one days, beginning on the date on which the planning authority notify the applicant of their decision.

• (6) Where an appeal is brought under subsection (5) of this section, the Board may—

• (a) in case a waiver notice has been issued by a planning authority, confirm or annul the notice, or

• (b) in case a waiver notice has not been so issued, confirm the decision of the planning authority or issue a waiver notice.

• (7) Where—

• (a) a permission has been granted under Part IV of the Principal Act for development and the development to which the permission relates is commenced but is not completed before the permission ceases to have effect, and

• (b) the relevant planning authority are satisfied that a dispute has arisen as to whether or not—

• (i) a particular part of the development was completed before the permission ceased to have effect, or

• (ii) a particular part of the development consists of the provision of any one or more of the following, namely, a structure mentioned in subsection (2) of this section, works, roads, services and open spaces so mentioned,

that authority, if they are satisfied that the part of the development was so completed or so consists, as may be appropriate, may, on payment of the prescribed fee (if any), issue a certificate (subsequently in this subsection referred to as a development certificate) to that effect.

• (8) In any legal proceedings a development certificate shall be prima facie evidence of the facts thereby certified, and any document purporting to be a development certificate shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate or that the person was an officer of the relevant planning authority, until the contrary is shown.

• (9) A planning authority, if they think fit, may as regards a particular permission by order extend or, from time to time, further extend the period referred to in subsection (1) of this section by such additional period as the authority consider appropriate and in case a planning authority make such an order, the reference in the said subsection (1) to the period of five years shall, as regards the permission to which the order relates, be construed as a reference to that period as so extended or as so extended and further extended, as may be appropriate.

• (10) When a planning authority grant an extension or further extension, or issue a development certificate, particulars thereof shall be recorded on the relevant entry in the register.

• (11) Any person who is aggrieved by a decision of a planning authority on an application for a development certificate may appeal to the Circuit Court within six months of the date of such decision.

• (12) Where an appeal is brought under subsection (11) of this section, the Court, if satisfied that the case comes within paragraph (a) of subsection (7) of this section and that a dispute mentioned in paragraph (b) of the said subsection (7) has arisen, may decide accordingly and, as may be appropriate, determine either or both of the following, the extent to which the relevant development was completed before the relevant permission under Part IV of the Principal Act ceased to have effect, or whether or not the part in dispute of the relevant development consists of the provision of things mentioned in subparagraph (ii) of the said paragraph (b), inform the appropriate planning authority of its decision and direct the authority to issue forthwith, if they have not already done so, an appropriate development certificate or, if a development certificate has been issued which is inappropriate having regard to the decision of the Court, transmit such certificate to the authority and direct that in lieu thereof an appropriate development certificate be issued by the authority forthwith.

• (13) Where on an application by a person, the Circuit Court is satisfied that there has been unreasonable delay by a planning authority in dealing with an application for a development certificate and the Court is also satisfied in both of the respects mentioned in subsection (12) of this section, the Court may decide accordingly and make the determination mentioned in the said subsection (12) which is appropriate, inform the authority of its decision and direct the authority to issue forthwith an appropriate development certificate.

30 Summary proceedings.

30.—(1) Subject to subsection (2) of this section, summary proceedings to which this section applies may be commenced—

• (a) at any time within six months from the date on which the offence was committed, or

• (b) at any time within three months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are instituted, to justify proceedings comes to such person's knowledge,

whichever is the later.

• (2) Summary proceedings mentioned in subsection (1) of this section shall not be instituted later than five years from the date on which the offence was committed.

• (3) For the purposes of this section, a certificate signed by or on behalf of the person instituting the proceedings as to the date on which evidence described in subsection (1) of this section came to the knowledge of such person shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this section and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

• (4) Subsection (1) of this section shall have effect notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851.

• (5) This section applies to the following summary proceedings, namely:

• (a) summary proceedings pursuant to section 26 of this Act or in respect of a contravention of section 24 (2) of the Principal Act and which are instituted by the planning authority in whose area the offence is alleged to have been committed,

• (b) summary proceedings pursuant to section 32 or 33 of this Act.

31 Submissions and consultations.

31.—(1) The Board may make submissions to the Minister with respect to any matters pertaining to its functions.

• (2) The Minister may consult with the Board in relation to the performance of any of his functions under the Local Government (Planning and Development) Acts, 1963 and 1976.

32 Declaration by members and employees of Board, and members and officers of planning authorities of certain interests.

32.—(1) It shall be the duty of a person to whom this section applies to give to the relevant body a declaration in the prescribed form, signed by him and containing particulars of every interest of his which is an interest to which this section applies and for so long as he continues to be a person to whom this section applies it shall be his duty where there is a change regarding an interest particulars of which are contained in the declaration or where he acquires any other interest to which this section applies, to give to the relevant body a fresh such declaration.

• (2)
• (a) This section applies to the following persons, namely:

• (i) a member of the Board,

• (ii) a member of a planning authority,

• (iii) an employee of the Board or any other person,

• (I) whose services are availed of by the Board, and

• (II) who is of a class, description or grade prescribed for the purposes of this section,

• (iv) an officer of a planning authority who is the holder of an office which is of a class, description or grade so prescribed.

• (b) This section applies to the following interests, namely:

• (i) any estate or interest which a person to whom this section applies has, in case the person is a member or officer of a planning authority, in land situated in the area of the relevant authority, and in any other case, in any land,

• (ii) any business of dealing in or developing land in which such a person is engaged or employed and any such business carried on by a company or other body of which he, or any nominee of his, is a member,

• (iii) any profession, business or occupation in which such a person is engaged, whether on his own behalf or otherwise, and which relates to dealing in or developing land.

• (3) A person to whom this section applies and who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) of this section if, and only if, he gives to the relevant body a declaration mentioned in that subsection within the period of twenty-eight days beginning—

• (a) in case the person is such a person on the commencement of this section, on such commencement,

• (b) in case the person becomes such a person after the commencement of this section, on the day on which he becomes such a person,

• (c) in case there is a change regarding an interest particulars of which are contained in a declaration already given by the person or where the person acquires any other interest to which this section applies, on the day on which the change occurs or the other such interest is acquired.

• (4) For the purposes of this section, a person to whom this section applies shall be regarded as having an estate or interest in land if he, or any nominee of his, is a member of a company or other body which has an estate or interest in the land.

• (5) For the purposes of this section, a person shall not be regarded as having an interest to which this section applies if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Board or authority, as may be appropriate, or in performing any function in relation to any such matter.

• (6) Where a person to whom this section applies has an interest to which this section applies by reason only of the beneficial ownership of shares in a company or other body by him or by his nominee and the total nominal value of those shares does not exceed the lesser of—

• (a) five hundred pounds, or

• (b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he has an interest,

subsection (1) of this section shall not have effect in relation to that interest.

• (7) The Board and each planning authority shall for the purposes of this section keep a register (which register is in this section referred to as the register of interests) and shall enter therein the particulars contained in declarations given to the Board or the authority, as the case may be, pursuant to this section. The register of interests shall be kept at the offices of the Board or the planning authority, as the case may be, and shall be available for public inspection during office hours.

• (8) Where a person ceases to be a person to whom this section applies, any particulars entered in the register of interests as a result of a declaration being given by the person to the relevant body pursuant to this section shall be removed, as soon as may be after the expiration of the period of five years beginning on the day on which the person ceases to be such a person, from the said register by that body.

• (9) Subject to subsection (10) of this section, a person who fails to comply with subsection (1) of this section or who, when purporting to comply with the requirements of the said subsection (1), gives particulars which are false or which to his knowledge are misleading in a material respect, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred and fifty pounds or at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment.

• (10) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the relevant time he believed, in good faith and upon reasonable grounds, that—

• (a) the relevant particulars were true,

• (b) there was no matter as regards which he was then required to make a declaration under subsection (1) of this section, or

• (c) that the matter in relation to which the offence is alleged was not one as regards which he was so required to make such declaration.

• (11)
• (a) For the purposes of this section and section 33 of this Act,

• (i) a manager shall be deemed to be an officer of every planning authority for which he is manager,

• (ii) an assistant county manager for a county shall be deemed to be an officer of every planning authority in the county, and

• (iii) an officer of a planning authority who, by virtue of an arrangement or agreement entered into under any enactment, is performing duties under another planning authority, shall be deemed to be also an officer of the other authority.

• (b) In this section the “relevant body” means,

• (i) in case a person to whom this section applies is either a member or employee of the Board, or other person whose services are availed of by the Board, the Board, and

• (ii) in case such a person is either a member or officer of a planning authority, the authority.

33 Requirements affecting members and employees of Board, members and certain officers of planning authorities and certain other persons who have certain beneficial interests.

33.—(1) Where a member of the Board has a pecuniary or other beneficial interest in, or which is material to, any appeal, contribution, question or dispute which falls to be decided or determined by the Board, he shall comply with the following requirements:

• (a) he shall disclose to the Board the nature of his interest,

• (b) he shall take no part in the discussion or consideration of the matter,

• (c) he shall not vote or otherwise act as a member of the Board in relation to the matter, and

• (d) he shall neither influence nor seek to influence a decision of the Board as regards the matter.

• (2) Where, at a meeting of a planning authority or of any committee of a planning authority, a resolution, motion, question or other matter is proposed or otherwise arises either pursuant to, or as regards the performance by the authority of a function under, the Local Government (Planning and Development) Acts, 1963 and 1976, or in relation to the acquisition or disposal by the authority of land under or for the purposes of those Acts or any other enactment, a member of the authority or committee present at the meeting shall, if he has a pecuniary or other beneficial interest in, or which is material to, the matter—

• (a) at the meeting, and before discussion or consideration of the matter commences, disclose the nature of his interest,

• (b) withdraw from the meeting for so long as the matter is being discussed or considered,

and accordingly, he shall take no part in the discussion or consideration of the matter and shall refrain from voting in relation to it.

• (3) A member of a planning authority or of any committee of a planning authority who has a pecuniary or other beneficial interest in, or which is material to, a matter arising either pursuant to, or as regards the performance by the authority of a function under, the Local Government (Planning and Development) Acts, 1963 and 1976, or in relation to the acquisition or disposal by the authority of land under or for the purposes of those Acts or any other enactment, shall neither influence nor seek to influence a decision of the authority as regards the matter.

• (4) Where the manager of a planning authority has a pecuniary or other beneficial interest in, or which is material to, any matter which arises or comes before the authority either pursuant to, or as regards the performance by the authority of a function under, the Local Government (Planning and Development) Acts, 1963 and 1976, or in relation to the acquisition or disposal by the authority of land under or for the purposes of those Acts or any other enactment, he shall, as soon as may be, disclose to the members of the planning authority the nature of his interest.

• (5)
• (a) Where an employee of the Board or any other person whose services are availed of by the Board has a pecuniary or other beneficial interest in, or which is material to, any appeal, contribution, question or dispute which falls to be decided or determined by the Board, he shall comply with the following requirements:

• (i) he shall neither influence nor seek to influence a decision of the Board as regards the matter, and

• (ii) in case, as such employee or other person, he is concerned with the matter, he shall disclose to the Board the nature of his interest and comply with any directions the Board may give him in relation to the matter.

• (b) Where an officer of a planning authority, not being the manager, has a pecuniary or other beneficial interest in, or which is material to, any matter which arises or comes before the authority, either pursuant to, or as regards the performance by the authority of a function under, the Local Government (Planning and Development) Acts, 1963 and 1976, or in relation to the acquisition or disposal of land by the authority under or for the purposes of those Acts or any other enactment, he shall comply with the following requirements:

• (i) he shall neither influence nor seek to influence a decision of the authority as regards the matter, and

• (ii) in case, as such officer, he is concerned with the matter, he shall disclose to the manager of the authority the nature of his interest and comply with any directions the manager may give him in relation to the matter.

• (6) For the purposes of this section but without prejudice to the generality of any of the foregoing subsections hereof, a person shall be regarded as having a beneficial interest if—

• (a) he or his spouse, or any nominee of his or of his spouse, is a member of a company or any other body which has a beneficial interest in, or which is material to, a resolution, motion, question or other matter mentioned in the foregoing subsections of this section,

• (b) he or his spouse is in partnership with or is in the employment of a person who has a beneficial interest in, or which is material to, such a resolution, motion, question or other matter,

• (c) he or his spouse is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a resolution, motion, question or other matter relates.

• (d) his spouse has a beneficial interest in, or which is material to, such a resolution, motion, question or other matter.

• (7) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or which is material to, any resolution, motion, question or other matter by reason only of an interest of his or of any company or of any other body or person mentioned in subsection (6) of this section which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.