Local Government (Planning and Development) Act , 1992

1 Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

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

“the Act of 1982” means the Local Government (Planning and Development) Act, 1982;

“the Act of 1983” means the Local Government (Planning and Development) Act, 1983;

“the Act of 1990” means the Local Government (Planning and Development) Act, 1990;

“the Acts” means the Local Government (Planning and Development) Acts, 1963 to 1992;

“appeal” means an appeal to the Board under section 26 (5) of the Principal Act;

“appellant” means the person by whom an appeal is made;

“other matter with which the Board is concerned” means—

(a) an appeal to the Board under the Acts or any order or regulations made under the Acts, other than an appeal under section 26 (5) of the Principal Act,

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

(c) a request for a determination of a disagreement, question or dispute to which section 26 (7) of the Principal Act or section 15 (2) of the Act of 1990 relates,

(d) a purchase notice transmitted to the Board pursuant to section 29 (4) of the Principal Act, or

(e) a request for a determination of a contribution or other matter which, pursuant to a condition attached to a permission or approval granted under section 26 of the Principal Act, is to be agreed between the planning authority and the person to whom the permission or approval is granted and in default of agreement is to be determined by the Board;

“party to an appeal” means any of the following persons, namely—

(a) the appellant,

(b) the planning authority against whose decision an appeal is made,

(c) the applicant for any permission or approval in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

and “party” shall be construed accordingly;

“planning application” means an application to a planning, authority in accordance with permission regulations for permission for the development of land or for an approval required by such regulations;

“prescribe” means prescribe by regulations;

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

(2) In this Act—

(a) a reference to a section is to a section of this Act, unless it is indicated that reference to some other enactment is intended, and

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

2 Duty and objective of Board.

2.—(1) It shall be the duty of the Board to ensure that appeals 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 determination of appeals and other matters.

(2) In particular, and without prejudice to the generality of subsection (1) and subject to subsections (3), (4) and (7), it shall be the objective of the Board to ensure that every appeal or other matter is determined within—

(a) a period of four months beginning on the date of receipt by the Board of the appeal or other matter, or

(b) such other period as the Minister may prescribe, either generally or in respect of a particular class or classes of appeals or other matters.

(3) (a) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of an appeal or other matter with which the Board is concerned, to determine the appeal or other matter within the period referred to in paragraph (a) or (b) of subsection (2) (as the case may be) the Board shall, by notice in writing served on the parties to the appeal or other matter before the expiration of that period, inform those parties of the reasons why it would not be possible or appropriate (as the case may be) to determine the appeal or other matter within that period and shall specify the date before which the Board intends that the appeal or other matter shall be determined.

(b) Where a notice has been served under paragraph (a), the Board shall take all such steps as are open to it to ensure that the appeal or other matter is determined before the date specified in the notice.

(4) The Minister may by regulations—

(a) provide that subsection (2) shall not have effect for such period as is specified in the regulations, or

(b) vary a period mentioned in that subsection,

either generally or in respect of a particular class or classes of appeals or other matters with which the Board is concerned where it appears to him to be necessary, by virtue of exceptional circumstances, to do so and for so long as such regulations are in force this section shall be construed and have effect in accordance therewith.

(5) The Board shall include in each report made under section 9 of the Act of 1976 a statement of the number of appeals and other matters with which the Board is concerned that it has determined within a period referred to in paragraph (a) or (b) of subsection (2) and such other information as to the time taken to determine appeals and other matters as the Minister may direct.

(6) Subsections (2) to (5) shall apply in relation to appeals and other matters with which the Board is concerned that are received by the Board on or after the date which is six months after the date of the passing of this Act.

(7) This section shall not apply in relation to purchase notices transmitted to the Board pursuant to section 29 (4) of the Principal Act.

3 Amendment of section 26 of Principal Act.

3.—Section 26 of the Principal Act is hereby amended:

(a) by the substitution for subsection (5) and subsection (5A) (inserted by the European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989)) of the following subsection:

“(5) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Board against a decision of a planning authority under this section.

(b) Subject to the following provisions of this subsection, where an appeal is brought from a decision of a planning authority and is not withdrawn, the Board shall determine the application as if it had been made to the Board in the first instance and the decision of the Board shall operate to annul the decision of the planning authority as from the time when it was given; and the provisions of subsections (1) and (2) of this section shall apply, subject to any necessary modifications, in relation to the determination of an application by the Board on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(c) Notwithstanding any other provision of this section, the Board in determining an appeal under this subsection shall, where it considers it appropriate, have regard to either or both of the following, namely—

(i) the probable effect which a particular decision by it on the matter would have on any place or area which is outside the area of the relevant planning authority, and

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

(d) Without prejudice to paragraph (b) of this subsection, the Board shall, in determining on appeal an application in respect of which an environmental impact statement was submitted by the applicant in accordance with a requirement of or under regulations under the Acts (whether at the instance of the Board or otherwise), have regard to that statement, to such supplementary information (if any) relating to the statement as may have been furnished to the Board or to the planning authority by the applicant in accordance with a requirement under such regulations, and to other submissions or observations (if any) made to the Board in accordance with the Acts or regulations under the Acts in relation to the effects on the environment of the development to which the application relates.

(e) Paragraph (b) of this subsection shall be construed and have effect subject to sections 11,14 and 15 of the Local Government (Planning and Development) Act, 1992.

(f) In paragraph (a) of this subsection ‘the appropriate period’ means the period of one month beginning on the day of the giving of the decision of the planning authority.”;

(b) by the substitution for subparagraph (ii) (inserted by the Act of 1983) of paragraph (a) of subsection (9) of the following subparagraph:

“(ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless as regards the appeal or, as may be appropriate, each of the appeals—

(I) it is withdrawn, or

(II) it is dismissed by the Board pursuant to section 11 or 14 of the Local Government (Planning and Development) Act, 1992, or

(III) in relation to it a direction is given to the authority by the Board pursuant to section 15 of the said Act,

and, in the case of the withdrawal or dismissal of an appeal or of all such appeals, as may be appropriate, they shall make the grant as soon as may be after such withdrawal or dismissal and, in the case of such a direction, they shall make the grant, in accordance with the direction, as soon as may be after the giving by the Board of the direction.”.

4 Provisions as to making of appeals.

4.—(1) An appeal shall—

(a) be made in writing,

(b) state the name and address of the appellant,

(c) state the subject matter of the appeal,

(d) state in full the grounds of appeal and the reasons, considerations and arguments on which they are based, and

(e) be accompanied by such fee (if any) as may be payable in respect of such appeal in accordance with regulations under section 10 of the Act of 1982.

(2) (a) An appeal which does not comply with the requirements of subsection (1) shall be invalid.

(b) The requirement of subsection (1) (d) shall apply whether or not the appellant requests, or proposes to request, in accordance with section 12, an oral hearing of the appeal.

(3) Without prejudice to section 9, an appellant shall not be entitled to elaborate in writing upon, or make further submissions in writingin relation to, the grounds of appeal stated in the appeal or to submit further grounds of appeal and any such elaboration, submissions or further grounds of appeal that is or are received by the Board shall not be considered by it.

(4) (a) An appeal shall be accompanied by such documents, particulars or other information relating to the appeal as the appellant considers necessary or appropriate.

(b) Without prejudice to section 10, the Board shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information which accompanied the appeal.

(5) An appeal shall be made—

(a) by sending the appeal by prepaid post to the Board, or

(b) by leaving the appeal with an employee of the Board at the offices of the Board during office hours, or

(c) by such other means as may be prescribed.

5 Availability of documents.

5.—(1) Where a planning authority give their decision in respect of a planning application after the commencement of this section, the documents concerned mentioned in section 6 shall be made available for inspection by members of the public during office hours at the offices of the authority for a period of one month beginning on the day of the giving of the decision or, if an appeal or appeals is or are taken against the decision, until as regards the appeal or, as may be appropriate, each of the appeals—

(a) it is withdrawn, or

(b) it is determined by the Board or dismissed by it pursuant to section 11 or 14, or

(c) in relation to it a direction is given to the authority by the Board pursuant to section 15.

(2) The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of documents relating to planning applications, including requirements in relation to such availability before the commencement, or after the expiration, of the period mentioned in subsection (1).

(3) In this section “planning application” includes—

(a) an application for a permission under section 27 of the Principal Act for retention of a structure, and

(b) an application for an approval that is required to be obtained under a condition subject to which a permission or an approval is granted under the Acts.

6 Submission of documents, etc. to Board by planning authorities.

6.—Where an appeal is made to the Board the planning authority concerned shall, within a period of fourteen days beginning on the day on which a copy of the appeal is sent to them by the Board, submit to the Board—

(a) a copy of the planning application concerned and of any drawings, maps, particulars, evidence, environmental impact statement, other written study or further information received or obtained by them from the applicant in accordance with regulations under the Acts,

(b) a copy of any report prepared by or for the planning authority in relation to the planning application, and

(c) a copy of the decision of the planning authority in respect of the planning application and a copy of the notification of the decision given to the applicant.

7 Submissions or observations by other parties.

7.—(1) The Board shall, as soon as may be after receipt of an appeal, give a copy thereof to each other party.

(2) (a) Each other party may make submissions or observations in writing to the Board in relation to the appeal within a period of one month beginning on the day on which a copy of the appeal is sent to that party by the Board.

(b) Any submissions or observations received by the Board after the expiration of the period mentioned in paragraph (a) shall not be considered by the Board.

(3) Where no submissions or observations have been received from a party within the period mentioned in subsection (2), the Board may without further notice to that party determine the appeal.

(4) Without prejudice to section 9, a party shall not be entitled to elaborate in writing upon any submissions or observations made in accordance with subsection (2) or make any further submissions or observations in writing in relation to the appeal and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

8 Submissions or observations by persons other than parties.

8.—(1) (a) Any person other than a party may make submissions or observations in writing to the Board in relation to an appeal.

(b) Without prejudice to subsection (3), submissions or observations as aforesaid may be made within the period mentioned in subsection (2) and any submissions or observations received by the Board after the expiration of that period shall not be considered by the Board.

(2) The period referred to in subsection (1) (b) is—

(a) where notice of receipt of an environmental impact statement is published in accordance with regulations under section 18, the period of one month beginning on the day of publication of the notice, or

(b) in any other case, the period of one month beginning on the day of receipt of the appeal by the Board or, where there is more than one appeal against the decision of the planning authority, on the day on which the Board last receives an appeal.

(3) The provisions of subsection (1) (b) shall not apply to submissions or observations made by a Member State of the EuropeanCommunities (within the meaning of the European Communities Act, 1972) arising from consultation in accordance with the Council Directive in relation to the effects on the environment of the development to which the appeal relates.

(4) Without prejudice to section 9, a person who makes submissions or observations to the Board in accordance with this section shall not be entitled to elaborate in writing upon the submissions or observations or make further submissions or observations in writing in relation to the appeal and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

9 Power of Board to request submissions or observations.

9.—Where the Board is of opinion that, in the particular circumstances of an appeal, it is appropriate in the interests of justice to request any party or any person who has made submissions or observations to the Board in relation to the appeal to make submissions or observations in relation to any matter which has arisen in relation to the appeal, the Board may, in its discretion, notwithstanding section 4 (3), 7 (4), 8 (4) or 13 (3) (b), serve on any such person a notice under this section—

(a) requesting that person, within a period specified in the notice (not being less than fourteen or more than twenty eight days beginning on the date of service of the notice) to submit to the Board submissions or observations in relation to the matter in question, and

(b) stating that, if submissions or observations are not received before the expiration of the period specified in the notice, the Board will, after the expiration of that period and without further notice to the person, pursuant to section 11 determine the appeal.

10 Power of Board to require submission of documents, etc.

10.—(1) Where the Board is of opinion that any document, particulars or other information is or are necessary for the purpose of enabling it to determine an appeal, the Board may serve on any party, or on any person who has made submissions or observations to the Board in relation to the appeal, a notice under this section—

(a) 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 submit to the Board such document, particulars or other information (which document, particulars or other information shall be specified in the notice), and