Local Government (Planning and Development) Act , 1983

1 Definitions.

1.—In this Act—

“the Assembly” means the Assembly of the European Communities;

“the Act of 1977” means the European Assembly Elections Act, 1977;

“chairman” means, save where the context otherwise requires, the chairman of the Board and “chairmanship” shall be construed accordingly;

“deputy chairman”, except in section 8 (1) of this Act, means the deputy chairman of the Board and “deputy chairmanship” shall be construed accordingly;

“ordinary member” means a member of the Board other than the chairman.

2 Board to continue to be body corporate, etc.

2.—(1) The Board shall continue to be a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

(2) The seal of the Board shall be authenticated by the signature of the chairman or of some other member, or of an employee of the Board or of a person whose services are availed of by the Board by virtue of section 21 (3) of the Act of 1976, authorised by the Board to act in that behalf.

(3) Judicial notice shall continue to be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with subsection (2) of this section) of the Board shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

(4) A person who immediately before the passing of this Act held the office either of chairman or of an ordinary member shall, subject to section 3 (2) of the Act of 1976 and to section 10 of this Act, continue to hold that office.

3 Board to consist of chairman and five other members.

3.—On and from the commencement of this section the Board shall consist of a chairman and five other members.

4 General duty of Board.

4.— (1) (a) It shall be the duty of the Board to ensure that appeals, references and other matters with which it is concerned are disposed of as expeditiously as may be and, for that purpose to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the consideration of such appeals, references and other matters.

(b) The Board shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and of the systems and procedures used by it in relation to appeals, references and other matters with which it is concerned.

(c) Where the Minister gives a direction under this section, the Board shall report to the Minister the results of the review conducted pursuant to the direction and shall comply with any directive which the Minister may, after consultation with the Board as regards such results, give in relation to all or any of the matters which were the subject of the review.

(2) The Board may make submissions to the Minister as regards any matter pertaining to its functions.

(3) The Minister may consult with the Board as regards any matter pertaining to the performance of—

(a) the functions of the Board, or

(b) the functions assigned to the Minister by or under the Local Government (Planning and Development) Acts, 1963 to 1983, or by any other enactment or by any order, regulation or other instrument thereunder.

(4) (a) The provisions of subsection (1) of this section are without prejudice to the provisions specified in paragraph (b) of this subsection.

(b) The provisions referred to in paragraph (a) of this subsection are—

(i) the provisions of the Local Government (Planning and Development) Acts, 1963 to 1983, or of any regulations made thereunder which relate to the performance by the Board of its functions,

(ii) the provisions of any other enactment, order, regulation or other instrument thereunder which so relates.

5 Chairman.

5.—(1) The chairman shall be appointed by the Government.

(2) There shall be a committee (in this section subsequently referred to as “the committee”) consisting of—

(a) the President of the High Court,

(b) the Chairman of the County Councils General Council,

(c) the Chief Engineering Adviser of the Department of the Environment,

(d) the Chairman of the Council of An Taisce—the National Trust for Ireland,

(e) the President of the Construction Industry Federation, and

(f) the President of the Executive Council of the Irish Congress of Trade Unions.

(3) Where—

(a) any of the persons aforesaid signifies at any time his unwillingness or inability to act for any period as a member of the committee,

or

(b) any of the persons aforesaid is through ill-health or otherwise unable so to act for any period,

the Minister may, when making a request under subsection (7) of this section, appoint another person to be a member of the committee in his place and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(4) Where the Minister makes a request under subsection (7) of this section and at the time of making the request any of the offices aforesaid is vacant, the Minister may appoint a person to be a member of the committee and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(5) Where pursuant to subsection (3) or (4) of this section the Minister appoints a person to be a member of the committee, he shall, as soon as may be, cause a notice of the appointment to be published in the Iris Oifigiúil.

(6) (a) The Minister may by order amend subsection (2) of this section.

(b) The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph).

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

(d) Where an order under this subsection is for the time being in force, subsection (2) of this section shall be construed and have effect subject to the terms of the order.

(7) (a) The committee shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the chairman and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected and of the reasons why, in the opinion of the committee, they are or he is suitable for such appointment.

(b) In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the chairman.

(8) Except in the case of a reappointment under subsection (12) of this section, the Government shall not appoint a person to be the chairman unless the person was amongst those, or, where appropriate, was the candidate, selected by the committee pursuant to a request under subsection (7) of this section in relation to that appointment but—

(a) if the committee is unable to select any suitable candidate pursuant to a particular request under the said subsection (7), or

(b) if the Government decide not to appoint to be the chairman any of the candidates, or, where appropriate, the candidate, selected by the committee pursuant to a particular such request,

then either—

(c) the Government shall appoint a person to be the chairman who was amongst those, or, where appropriate, was the candidate, selected by the committee pursuant to a previous such request (if any) in relation to that appointment, or

(d) the Minister shall make a further such request to the committee and the Government shall appoint to be the chairman a person who was amongst those, or, where appropriate, was the candidate, selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(9) The Minister may make regulations as regards—

(a) the publication of notice that a request has been received by the committee under subsection (7) of this section,

(b) applications for selection by the committee,

(c) any other matter which the Minister considers expedient for the purposes of this section.

(10) A person who is, for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a representative in the Assembly,

(c) a member of a local authority,

shall be disqualified for being appointed as the chairman.

(11) The chairman shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable.

(12) Subject to the provisions of this section, the chairman shall hold office for a term of seven years and may be re-appointed by the Government for a second or subsequent term of office: Provided that a person shall not be reappointed under this subsection unless, at the time of his reappointment, he is or was the outgoing chairman of the Board.

(13) (a) The chairman may resign his chairmanship by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

(b) The chairman shall vacate the office of chairman on attaining the age of sixty-five years.

(c) A person shall cease to be the chairman if he—

(i) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas,

(ii) is either nominated for election to the Assembly or appointed under section 15 of the Act of 1977 to be a representative in the Assembly,

(iii) becomes a member of a local authority.

(14) (a) There shall be paid by the Board to the chairman the same salary as is paid to a judge of the High Court.

(b) Subject to the provisions of this section, the chairman shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for the Public Service, determines.

(15) The chairman may be removed from office by the Government if he has become incapable through ill-health of effectively performing his duties, or if he has committed stated misbehaviour, or if his removal appears to the Government to be necessary for the effective performance by the Board of its functions, and in case the chairman is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

6 Chairman to ensure efficient discharge of business of Board, etc.

6.—(1) It shall be the function of the chairman, or, where he is not available or where the office of chairman is vacant, of the deputy chairman—

(a) to ensure the efficient discharge of the business of the Board, and

(b) to arrange the distribution of the business of the Board among its members.

(2) Where the chairman is of opinion that the conduct of an ordinary member has been such as to bring the Board into disrepute or has been prejudicial to the effective performance by the Board of all or any one or more of its functions, he may in his absolute discretion—

(a) require the member of the Board to attend for interview and there interview the member privately and inform him of such opinion, or

(b) where he considers it appropriate to do so, otherwise investigate the matter and, if he considers it appropriate so to do, report to the Minister the result of the investigation.

7 Ordinary members.

7.—(1) The Minister may prescribe—

(a) for the purposes of paragraph (a) of subsection (2) of this section any two or more organisations which in his opinion are representative of persons whose professions or occupations relate to physical planning and development,

(b) for the purposes of paragraph (b) of the said subsection (2) any two or more organisations which in his opinion are representative of persons concerned with the protection and preservation of the environment and of amenities,

(c) for the purposes of paragraph (c) of the said subsection (2) any two or more organisations which in his opinion are concerned with the promotion of economic or other development or are representative of either or both of the following, namely, persons carrying on the business of developing land or persons employed or engaged in or otherwise connected with the construction industry,

(d) for the purposes of paragraph (d) of the said subsection (2) any two or more organisations which in his opinion are, in relation to the community, concerned with the promotion of social, economic or general interests.

(2) Subject to section 12 (4) of this Act, the ordinary members shall be appointed by the Minister as follows:

(a) one shall be so appointed from among persons selected by organisations which for the time being stand prescribed for the purposes of this paragraph by the Minister;

(b) one shall be so appointed from among persons selected by organisations which for the time being stand prescribed for the purposes of this paragraph by the Minister;

(c) one shall be so appointed from among persons selected by organisations which for the time being stand prescribed for the purposes of this paragraph by the Minister;

(d) one shall be so appointed from among persons selected by organisations which for the time being stand prescribed for the purposes of this paragraph by the Minister;

(e) one shall be so appointed from among the officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Act, 1956.

(3) An organisation prescribed for the purposes of paragraph (a), (b), (c) or (d) of subsection (2) of this section shall, whenever so requested by the Minister, select such number of candidates (not being less than two) as the Minister may specify for appointment as an ordinary member and shall inform the Minister of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment.

(4) Except in the case of an appointment pursuant to paragraph (e) of subsection (2) of this section or of a re-appointment under subsection (9) of this section and subject to section 12 (4) of this Act, the Minister shall not appoint a person to be an ordinary member unless the person was amongst those selected pursuant to a request under subsection (3) of this section in relation to that appointment, but—

(a) if all of the appropriate organisations refuse or fail to select any candidate pursuant to a particular request under the said subsection (3), or

(b) if the Minister decides not to appoint as an ordinary member any of the candidates selected by such organisations pursuant to a particular request under that subsection,

then either—

(c) the Minister shall appoint as an ordinary member a person who was amongst those selected by such an organisation pursuant to a previous request (if any) under that subsection in relation to that appointment, or

(d) the Minister shall make a further such request and shall appoint as an ordinary member a person who was amongst those selected pursuant to that request or pursuant to another such request made in relation to that appointment.

(5) Where a request is made pursuant to subsection (3) of this section, failure or refusal by the organisation of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as an ordinary member of a person who was selected in relation to that appointment either by the aforesaid organisation or by any other organisation.

(6) The Minister may make regulations as regards—

(a) the period within which the Minister is to be informed in accordance with subsection (3) of this section,

(b) any other matter which the Minister considers expedient for the purposes of this section.

(7) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a representative in the Assembly,

(c) a member of a local authority,

shall be disqualified for being appointed to be an ordinary member.

(8) Each of the ordinary members shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable.

(9) Subject to the provisions of section 12 (4) (b) of this Act, an ordinary member shall hold office for such term (not exceeding five years) as shall be specified by the Minister when appointing him to office and may be re-appointed by the Minister for a second or subsequent term of office: Provided that a person shall not be reappointed under this subsection unless, at the time of his re-appointment, he is or was an outgoing member of the Board.

(10) (a) An ordinary member may resign his membership by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

(b) A person shall vacate the office of ordinary member on attaining the age of sixty-five years.

(c) A person shall cease to be an ordinary member if he—

(i) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas,

(ii) is either nominated for election to the Assembly or appointed under section 15 of the Act of 1977 to be a representative in the Assembly,

(iii) becomes a member of a local authority.

(11) (a) There shall be paid by the Board to each ordinary member such remuneration and allowances for expenses as the Minister, with the consent of the Minister for the Public Service, determines.

(b) Subject to the provisions of this section, an ordinary member shall hold office on such terms and conditions as the Minister, with the consent of the Minister for the Public Service, determines.