Local Government (Planning and Development) Act , 1982

1 Interpretation.

1.—In this Act—

“the Act of 1976” means the Local Government (Planning and Development) Act, 1976;

“development certificate” means a certificate issued under section 29 of the Act of 1976;

“waiver notice” means a notice issued under section 29 of the Act of 1976.

2 Limit of duration of planning permission.

2.—(1) Subject to subsection (2) of this section, a permission granted under Part IV of the Principal Act, whether before or after the passing of this Act, shall on the expiration of the appropriate period (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 commenced during that period, so much thereof as is not completed within that period.

(2) (a) Subsection (1) of this section shall not apply—

(i) to any permission for the retention on land of any structure,

(ii) to any permission granted either for a limited period only or subject to a condition which is of a kind described in section 26 (2) (j) or 27 (2) (f) of the Principal Act,

(iii) to any permission which is of a class or description specified in regulations made by the Minister for the purposes of this section,

(iv) 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 and which are either necessary for or ancillary or incidental to the use of the building in accordance with that permission,

(v) 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 permission and which are necessary for or ancillary to such completed buildings.

(b) Subsection (1) of this section shall not affect—

(i) the continuance of any use, in accordance with a permission, of land,

(ii) where a development has been completed (whether to an extent described in paragraph (a) of this subsection or otherwise), the obligation of any person to comply with any condition attached to the relevant permission whereby something is required either to be done or not to be done.

(3) (a) Where regulations under this section are proposed to be made, the Minister shall cause a draft thereof to be laid before both Houses of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(b) Section 10 (2) of the Principal Act shall not apply in relation to regulations made under this section.

(4) This section shall be deemed to have come into operation on the 1st day of November, 1981.

(5) In this section and in section 4 of this Act, “the appropriate period” means—

(a) in relation to any permission which was granted before the 1st day of November, 1976, the period beginning on the date of such grant and ending on the 31st day of October, 1983,

(b) in relation to any permission which was or is granted not earlier than the 1st day of November, 1976, nor later than the 31st day of October, 1982—

(i) in case in relation to the permission a period is specified pursuant to section 3 of this Act, that period, and

(ii) in any other case, the period ending either on the day which is seven years after the date of such grant or the 31st day of October, 1987, whichever is the earlier,

(c) in relation to any permission which was or is granted on or after the 1st day of November, 1982—

(i) in case in relation to the permission a period is specified pursuant to section 3 of this Act, that period, and

(ii) in any other case, the period of five years beginning on the date of such grant:

Provided that where a planning authority have, before the commencement of this section, made an order under section 29 (9) of the Act of 1976 and by virtue of the order the permission to which the order relates would, if this section had not been enacted, cease to have effect on a date which is later than that on which it would, apart from this proviso, cease to have effect, then, notwithstanding the foregoing provisions of this section and section 15 of this Act, the appropriate period in relation to the permission shall end on such later date.

(6) A planning authority in exercising, in relation to a permission referred to in subsection (5) (b) of this section, the power conferred on them by section 3 of this Act shall not exercise the power so as to specify a period which is shorter than that which, by virtue of the said subsection (5) (b), would apply in relation to the permission if the power were not so exercised.

3 Power to vary appropriate period.

3.—Without prejudice to the powers conferred on them by Part IV of the Principal Act to grant a permission to develop land for a limited period only, in deciding to grant a permission under section 26 of the Principal Act, a planning authority or the Board, as may be appropriate, may, having regard to the nature and extent of the relevant development and any other material consideration, specify the period, being a period of more than five years, during which the permission is to have effect, and in case the planning authority exercise, or refuse to exercise, the power conferred on them by this section, such exercise or refusal shall be regarded as forming part of the relevant decision of such authority under the said section 26.

4 Power to extend appropriate period.

4.—(1) On an application being made to them in that behalf, a planning authority shall, as regards a particular permission, extend the appropriate period, by such additional period as the authority consider requisite to enable the development to which the permission relates to be completed, if, and only if, each of the following requirements is complied with:

(a) the application is in accordance with such regulations under this Act as apply to it,

(b) any requirements of, or made under, such regulations are complied with as regards the application, and

(c) the authority are satisfied in relation to the permission that—

(i) the development to which such permission relates commenced before the expiration of the appropriate period sought to be extended, and

(ii) substantial works were carried out pursuant to such permission during such period, and

(iii) the development will be completed within a reasonable time.

(2) Where—

(a) an application is duly made under this section to a planning authority,

(b) any requirements of, or made under, regulations under section 11 of this Act are complied with as regards the application, and

(c) the planning authority do not give notice to the applicant of their decision as regards the application within the period of two months beginning on—

(i) in case all of the aforesaid requirements referred to in paragraph (b) of this subsection are complied with on or before the day of receipt by the planning authority of the application, that day, and

(ii) in any other case, the day on which all of the said requirements stand complied with,

subject to section 10 (2) of this Act, a decision by the planning authority to extend, or to further extend, as may be appropriate, the period, which in relation to the relevant permission is the appropriate period, by such additional period as is specified in the application shall be regarded as having been given by the planning authority on the last day of the said two month period.

(3) (a) Where a decision to extend an appropriate period is given under subsection (1) of this section, or, pursuant to subsection (2) of this section, such a decision is to be regarded as having been given, the planning authority shall not further extend the appropriate period, unless each of the following requirements is complied with:

(i) an application in that behalf is made to them in accordance with such regulations under this Act as apply to it,

(ii) any requirements of, or made under, such regulations are complied with as regards the application, and

(iii) the authority are satisfied that the relevant development has not been completed due to circumstances beyond the control of the person carrying out the development.

(b) An appropriate period shall be further extended under this subsection only for such period as the relevant planning authority consider requisite to enable the relevant development to be completed.

(4) Particulars of any application made to a planning authority under this section and of the decision of the planning authority in respect of such application shall be recorded on the relevant entry in the register.

(5) Where a decision to extend, or to further extend, is given under this section, or, pursuant to subsection (2) of this section, such a decision is to be regarded as having been given, section 2 of this Act shall, in relation to the permission to which the decision relates, be construed and have effect subject to and in accordance with the terms of the decision.

(6) This section shall not be construed as precluding the extension, or the further extension, of an appropriate period by reason of the fact that the period has expired.

5 Power to declare references, appeals and applications withdrawn.

5.—(1) Where the Board is of opinion that a reference or appeal to the Board, or an application for permission or approval to which such an appeal relates, has been abandoned, the Board may serve on the person who made the reference, appeal or application, as may be appropriate, a notice stating that fact and requiring that person, within a period specified in the notice (being a period of not less than fourteen days beginning on the date of service of the notice) to make to the Board a submission in writing as to why the reference, appeal or application, as the case may be, should not be regarded as having been withdrawn.

(2) Where a notice has been served under subsection (1) of this section the Board may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Board pursuant to the notice, declare—

(i) in case the notice refers to a reference, that the reference shall be regarded as having been withdrawn,

(ii) in case the notice refers to an application described in subsection (1) of this section, that the application shall be regarded as having been withdrawn, and

(iii) in case the notice refers to an appeal to the Board, that the appeal shall be regarded as having been withdrawn.

(3) Where pursuant to this section the Board declares that an application described in subsection (1) of this section is to be regarded as having been withdrawn, the following provisions shall apply as regards the application:

(a) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board, and

(b) notwithstanding any previous decision under section 26 or 27 of the Principal Act by a planning authority as regards the application, no permission or approval shall be granted under either of those sections by the authority on foot of the application.

(4) Where the Board makes a declaration under this section, not-withstanding section 15 (2) of the Act of 1976, the Board may, if it thinks fit, direct that the deposit lodged in relation to the relevant appeal, or in relation to any appeal to which the relevant application relates, as may be appropriate, shall be forfeited to the Board.

6 Validity of certain permissions and approvals.

6.—(1) A permission or approval granted on appeal under Part IV of the Principal Act prior to the 15th day of March, 1977, shall not be, and shall not be regarded as ever having been, invalid by reason only of the fact that the development concerned contravened, or would contravene, materially the development plan relating to the area of the planning authority to whose decision the appeal related.

(2) If, because of any or all of its provisions, subsection (1) of this section, would, but for this subsection, conflict with a constitutional right of any person, the provisions of that subsection shall be subject to such limitation as is necessary to secure that they do not so conflict but shall be otherwise of full force and effect.

7 General policy directives as to planning and development.

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

(2) A planning authority and 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 a planning authority or the Board is or may be concerned.

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

(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 and to the Board.

8 Alteration of certain penalties under Principal Act or Act of 1976.

8.—(1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of the Table to this section at any reference number shall, in lieu of the penalty so provided, be liable to the penalty specified in column (3) of the said Table at that reference number, and that section shall be construed and have effect accordingly.

(2) (a) A person convicted of an offence under subsection (9) of section 32 of the Act of 1976 shall, in lieu of so much of the penalty specified in that subsection as consists of a fine, be liable to a fine not exceeding £800, and the said subsection (9) shall be construed and have effect accordingly.

(b) A person convicted of an offence under subsection (10) of section 33 of the Act of 1976 shall, in lieu of so much of the penalty specified in that subsection as consists of a fine, be liable to a fine not exceeding £800, and the said subsection (10) shall be construed and have effect accordingly.

(3) A person who is guilty of an offence under section 24 (3) of the Principal Act or section 26 (4) of the Act of 1976 shall be liable, on conviction on indictment, to a fine not exceeding £10,000, or, at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.

(4) (a) Where a person is convicted of an offence referred to in subsection (3) of this section and there is a continuation by him of the offence after his conviction, he shall be guilty of a further offence and shall be liable, on conviction on indictment, to a fine not exceeding £1,000 for each day on which the offence is so continued or to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.

(b) In any proceedings for an offence under this section in which it is alleged that there was a continuation by the defendant of an offence under subsection (3) of section 24 of the Principal Act, subsection (4) of the said section 24 shall, as regards the proceedings, apply as it applies to a prosecution for an offence under that section.

(c) In any proceedings for an offence under this section in which it is alleged that there was a continuation by the defendant of an offence under subsection (4) of section 26 of the Act of 1976—

(i) subsection (7) of the said section 26 shall, in relation to the proceedings, apply as it applies in relation to proceedings mentioned in that subsection, and

(ii) subsection (8) of the said section 26 shall, as regards the proceedings, apply as it applies to a prosecution for an offence under that section.

(5) This section shall have effect as respects offences committed after the commencement of this section.

TABLE

Ref. No.	Section of Principal Act	Penalty
(1)	(2)	(3)
1.	7 (5), 9 (2), 80 (4), 82 (5) (b) and 82 (7) (b) (iv).	A fine not exceeding £100.
2.	31 (8), as amended by section 38 of the Act of 1976, 34 (6), as so amended, 37 (7), as so amended and 49 (2) (b), as so amended.	A fine not exceeding £800 and, in the case of a further offence under the section, a further fine (not exceeding in all £800) not exceeding £150 for each day during which the offence is continued.
3.	51 (4), as amended by section 40 (c) of the Act of 1976, 81 (3), 83 (7) and 89 (8).	A fine not exceeding £100 and, in the case of a further offence under the section, a further fine (not exceeding in all £800) not exceeding £25 for each day during which the offence is continued.
4.	34 (1), as amended by section 38 of the Act of 1976, 35 (7), as so amended, 45 (8), as so amended and 46 (8), as so amended.	A fine not exceeding £800.
5.	34 (5), as amended by section 38 of the Act of 1976, and 35 (8), as so amended.	A fine (not exceeding in all £800) not exceeding £150 for each day during which the further offence under the section is continued.

9 Certain offences may be tried summarily.

9.—(1) A Justice of the District Court shall have jurisdiction to try summarily an offence referred to in section 8 (3) of this Act, or an offence under section 8 (4) of this Act if—

(a) the Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily,

(b) the Director of Public Prosecutions consents, and

(c) the defendant (on being informed by the Justice of his right to be tried by a jury) does not object to being tried summarily,

and, upon conviction under this subsection, the said defendant shall be liable—

(i) in case he is convicted of an offence so referred to, to a fine not exceeding £800, or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment,