S.I. No. 222/1992 - Local Government (Planning and Development) (No. 2) Regulations, 1992

S.I. No. 222 of 1992.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (NO. 2) REGULATIONS, 1992.

The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), by section 4 of that Act as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), by section 25 of that Act as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976) and by the said Regulations, by section 20 of the Local Government (Planning and Development) Act, 1976 as amended by the said Regulations, and by sections 5 (2) and 18 of the Local Government (Planning and Development) Act, 1992 (No. 14 of 1992), hereby makes the following Regulations:—

PART I PRELIMINARY AND GENERAL

1 Citation.

1.

1. (1) These Regulations may be cited as the Local Government (Planning and Development) (No. 2) Regulations, 1992.

• (2) The collective citation "the Local Government (Planning and Development) Regulations, 1977 to 1992" shall include these Regulations.

2 Commencement.

2.

2. (1) These Regulations, other than articles 4 (1), 34 and 35, shall come into operation on the 19th day of October, 1992.

• (2) Article 4 (1) and article 34 shall come into operation on the 14th day of September, 1992.

• (3) Article 35 shall come into operation on the 10th day of August, 1992.

3 Interpretation.

3.

3. (1) In these Regulations, any reference to a Part or article which is not otherwise identified is a reference to a Part or article of these Regulations.

• (2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

• (3) In these Regulations, a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

• (4) In these Regulations:—

"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 ;

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

"the Act of 1990" means the Local Government (Planning and Development) Act, 1990 (No. 11 of 1990);

"the Act of 1992" means the Local Government (Planning and Development) Act, 1992 ;

"the Board" means An Bord Pleanála;

"reference" means a reference under section 5 of the Act of 1963;

"the 1977 Regulations" means the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 );

"the 1982 Regulations" means the Local Government (Planning and Development) (Amendment) Regulations, 1982 ( S.I. No. 342 of 1982 );

"the 1990 Regulations" means the Local Government (Planning and Development) Regulations, 1990 ( S.I. No. 25 of 1990 ).

4 Revocations.

4.

4. (1) Article 29 of the 1977 Regulations (as substituted by article 9 of the 1982 Regulations and as amended by the 1990 Regulations) and article 19 of the 1990 Regulations are hereby revoked.

• (2) Part V of the 1977 Regulations and Part III of the 1990 Regulations are hereby revoked.

PART II APPLICATION OF CERTAIN PROVISIONS OF ACT OF 1992

5 Application of certain provisions of Act of 1992 to appeals under section 27 (4) of Act of 1963.

5.

5. (1) ( a ) Sections 4, 7, 8, 9, 10 and 11 of the Act of 1992 shall apply to appeals under section 27 (4) of the Act of 1963.

( b ) Where a planning authority decide under section 27 of the Act of 1963 to grant a permission and an appeal taken under subsection (4) of that section against that decision is dismissed by the Board pursuant to section 11 of the Act of 1992, the planning authority shall make the grant as soon as may be after the dismissal.

• (2) Sections 6 and 16 of the the Act of 1992 shall apply to appeals under section 27 (4) of the Act of 1963 in the following manner—

( a ) in the said sections, a reference to a planning application shall be construed as a reference to an application for permission under section 27 of the Act of 1963,

( b ) in subsection (3) (b) of section 16, "27" shall be substituted for "26".

• (3) Section 12 of the Act of 1992 shall apply to appeals under section 27 (4) of the Act of 1963 subject to the substitution of "27 (4)" for "26 (5)" in subsection (2) (c) of the said section 12.

• (4) Section 13 of the Act of 1992 shall apply to appeals under section 27 (4) of the Act of 1963 subject to the substitution for subsection (1) of the said section 13 of the following subsection:

• "(1) The Board in determining an appeal may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in relation to the 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 the Act of 1976 the Board may have regard.".

• (5) Section 17 of the Act of 1992 shall apply to appeals under section 27 (4) of the Act of 1963 subject to the substitution of "27 (4)" for "26 (5)" in subsections (1) (a) and (b) of the said section 17.

• (6) In the application of the Act of 1992 to appeals under section 27 (4) of the Act of 1963, "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 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.

6 Application of certain provisions of Act of 1992 to certain other appeals.

6.

6. (1) This article shall apply to any appeal to the Board under the Act of 1963, other than section 26 (5), 27 (4) or 85 (4) (b) of that Act, of the Act of 1976.

• (2) Sections 4, 7, 9, 10, 11 and 16 of the Act of 1992 shall apply to appeals to which this article applies.

• (3) Section 8 of the Act of 1992 shall, subject to the following modifications, apply to appeals to which this article applies—

( a ) the deletion from subsection (1) (b) of the words "Without prejudice to subsection (3),", and the deletion of subsection (3);

( b ) the substitution for subsection (2) of the following subsection:

• "(2) The period referred to in subsection (1) (b) is 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 to the Board, on the day on which the Board last receives an appeal.".

• (4) Section 12 of the Act of 1992 shall, subject to the following modifications, apply to appeals to which this article applies—

( a ) in the case of an appeal under section 89 (4) of the Act of 1963, the substitution for subsection (2) (c) of the said section 12 of the following paragraph:

"( c ) A request by an appellant for an oral hearing of an appeal shall accompany the appeal and any request for an oral hearing received by the Board other than a request which accompanies the appeal shall not be considered by the Board.";

( b ) in the case of an appeal to which this article applies other than an appeal referred to in paragraph (a), the substitution for subsection (2) (c) of the said section 12 of the following paragraph:

"( c ) Where a provision of the Principal Act or of the Act of 1976 authorising an appeal to the Board enables the appeal only to be made within, or before the expiration of, a specified period or before a specified day, a request by an appellant for an oral hearing of an appeal may only be made within, or before the expiration of, the specified period or before the specified day and any request for an oral hearing not so received by the Board shall not be considered by the Board.".

• (5) Section 13 of the Act of 1992 shall apply to appeals to which this article applies subject to the substitution for subsection (1) of the following subsection:

• "(1) The Board in determining an appeal may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in relation to the 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 the Act of 1976 the Board may have regard.".

• (6) ( a ) (i) Where a provision of the Act of 1963 or of the Act of 1976 authorising an appeal to the Board to which this article applies 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 provision that an appeal received by the Board outside, or after the expiration of, the specified period or on or after the specified day shall be invalid as not having been made in time.

• (ii) Where the last day of the specified period within or before the expiration of which, or the day immediately preceding the specified day before which, an appeal may be made to the Board is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, an appeal shall, notwithstanding paragraph (a) (i), be valid as having been made in time if received by the Board on the next following day on which the offices of the Board are open.

( b ) Where a requirement of or under the Act of 1992 as applied by this article requires submissions, observations or a request to be made, or documents, particulars or other information to be submitted, to the Board within, or before the expiration of, a specified period or before a specified day and the last day of the specified period or the day immediately preceding the specified day is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, the submissions, observations or request, or documents, particulars or other information (as the case may be) shall be regarded as having been received in time if received by the Board on the next following day on which the offices of the Board are open.

• (7) In the application of the Act of 1992 to appeals to which this article applies, "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 licence in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

( d ) any person served or issued by a planning authority with a notice or order, or copy thereof, under section 30, 33, 36, 37, 44, 45 or 48 of the Act of 1963 or section 25 of the Act of 1976, in relation to which an appeal is made by another person,

and "party" shall be construed accordingly.

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

7.

7. Where an appeal to which article 6 applies is made to the Board the planning authority for the area in which the land or structure to which the appeal relates is situate 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 pursuant to section 7 of the Act of 1992 as applied by article 6, submit to the Board any information or documents in their possession which is or are relevant to the appeal.

8 Availability for inspection of copies of appeals.

8.

8. Where a copy of an appeal to which article 6 applies is given to a planning authority by the Board pursuant to section 7 of the Act of 1992 as applied by the said article, the planning authority shall, as soon as may be after receipt of the copy of the appeal, make a copy of the appeal available for inspection by members of the public during office hours at the offices of the authority until the appeal is withdrawn or is dismissed or determined by the Board.

9 Application of Act of 1992 to appeals provided for by orders under section 45 of Act of 1963.

9.

9. Where provision is made by an order under section 45 of the Act of 1963 for the application of section 26 (5) of that Act, with or without adaptations or modifications, in relation to any consent under the order and any applications therefor, the provisions of sections 1 and 4 to 17 of the Act of 1992 shall apply, as may be appropriate, in relation to any appeal to the Board against a decision of the relevant planning authority on an application for consent as if the appeal were an appeal under section 26 (5) of the Act of 1963 and a reference in any of the said sections of the Act of 1992 to a planning application shall be construed as a reference to an application for consent under the order.

10 Application of certain provisions of Act of 1992 to references.

10.

10. (1) Sections 4, 7, 8, 9, 10, 11, 12, 13 and 16 of the Act of 1992 shall, subject to the modifications and adaptations specified in this article, apply to a reference—

• (2) In the application of the sections mentioned in sub-article (1) to a reference—

( a ) "appeal" and "appellant" shall be construed, respectively, as "reference" and "person by whom the reference was made";

( b ) the reference in section 4 (1) (d) to "grounds of appeal" shall be construed as a reference to "grounds of the reference".

• (3) Section 8 of the Act of 1992 shall apply to a reference subject to—

( a ) the deletion from subsection (1) ( b ) of the words "Without prejudice to subsection (3),", and the deletion of subsection (3);

( b ) the substitution for subsection (2) of the following subsection:

• "(2) The period referred to in subsection (1) (b) is the period of one month beginning on the day of receipt of the reference by the Board.".

• (4) Section 12 of the Act of 1992 shall apply to a reference subject to the substitution for subsection (2) (c) of the following paragraph:

• "(c) A request by a person making a reference for an oral hearing of the reference shall accompany the reference and any request for an oral hearing received by the Board other than a request which accompanies the reference shall not be considered by the Board.".

• (5) Section 13 of the Act of 1992 shall apply to a reference subject to the substitution for subsection (1) of the following subsection:

• "(1) The Board in determining a reference may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in relation to the reference.".

• (6) Where a reference is made to the Board the planning authority for the area in which the land or structure to which the reference relates is situate shall, within a period of fourteen days beginning on the day on which a copy of the reference is sent to them by the Board, submit to the Board any information or documents in their possession which is or are relevant to the reference.

• (7) In the application of the Act of 1992 to references, "party to a reference" means any of the following persons, namely—

( a ) the person making the reference,

( b ) the planning authority for the area in which the land or structure to which the reference relates is situated,

( c ) any other person with whom the question to which the reference relates has arisen,

and "party" shall be construed accordingly.

PART III APPEALS IN RELATION TO PLANNING APPLICATIONS

11 Definitions for Part III.

11.

11. In this Part:—

"appeal" means an appeal to the Board in relation to the decision of a planning authority on a planning application;

"the Environmental Impact Assessment Regulations" means the European Communities (Environmental Impact Assessment) Regulations, 1989;

"environmental impact statement" means a statement of the effects, if any, which proposed development, if carried out, would have on the environment;

"the Minister" means the Minister for the Environment;

"planning application" means an application to a planning authority for a permission to develop land and includes—

( a ) an application for an outline permission (being a permission for development subject to the subsequent approval of the planning authority),

( b ) an application for an approval (being an approval consequent on an outline permission or an approval which is required to be obtained under a condition subject to which a permission or an approval is granted),

( c ) an application for permission for the retention of a structure, and

( d ) an application for permission for the continuance of any use of any structure or other land.

12 Additional requirement as to submission of documents etc. in case of certain planning applications.

12.

12. Where notice of, or information or documents in relation to, a planning application has or have been given to the Minister by a planning authority in accordance with article 17 of the 1990 Regulations and notice of the decision of the authority on the application has been given to the Minister in accordance with article 23 (3) of the said Regulations, the planning authority shall notify the Board accordingly in course of their compliance with the requirements of section 6 of the Act of 1992.

13 Power of Board to require submission of environmental impact statement in connection with certain appeals.

13.

13. (1) Where an appeal relates to a decision of a planning authority on a planning application for development which would be of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations (or under any provision amending or replacing the said Article 24) but for not exceeding a quantity, area or other limit specified in relation to that class and where the planning authority did not require the applicant to submit an environmental impact statement in accordance with article 6 (1) of the 1990 Regulations, the Board shall, where it considers that the development would be likely to have significant effects on the environment, require the applicant to submit to the Board an environmental impact statement.

• (2) The power of the Board under sub-article (1) shall not apply in the case of an appeal in relation to the decision of a planning authority on a planning application in respect of which an exemption was granted by the Minister in accordance with subsection (3) (as inserted by the Environmental Impact Assessment Regulations) of section 25 of the Act of 1963.

14 Content of environmental impact statement.

14.

14. An environmental impact statement submitted in accordance with a requirement under article 13 shall comply with Article 25 of the Environmental Impact Assessment Regulations, or with any provision amending or replacing the said Article 25.

15 Consideration of adequacy of information contained in environmental impact statement.

15.

15. Where the Board receives an environmental impact statement in connection with an appeal in accordance with section 6 of the Act of 1992 or article 13, the Board shall consider the adequacy of the information contained therein, having regard to the provisions of article 9 of the 1990 Regulations or article 14, as may be appropriate, and to the particular circumstances of the appeal.

16 Availability for inspection and purchase of copies of environmental impact statement.

16.

16. (1) Copies of an environmental impact statement received by the Board in accordance with section 6 of the Act of 1992 or article 13 shall be available for inspection without charge and for purchase at the offices of the Board or at the offices of the planning authority or at such other convenient place as the Board may specify.

• (2) ( a ) Copies of an environmental impact statement received by the Board in accordance with section 6 of the Act of 1992 shall be available for purchase in accordance with sub-article (1) for the fee fixed by the planning authority in accordance with article 20 of the 1990 Regulations.

( b ) Copies of an environmental impact statement received by the Board in accordance with article 13 shall be available for purchase in accordance with sub-article (1) for such fee as the Board may fix not exceeding the reasonable cost of making the copy.

17 Notice to Minister of certain appeals.

17.

17. The Board shall, as soon as may be, notify the Minister of any appeal—

( a ) in respect of which notice in accordance with article 12 has been given to the Board by the planning authority,

( b ) in respect of which the Board intends to require, in accordance with article 13, the submission of an environmental impact statement and which relates to development likely to have significant effects on the environment in another Member State of the European Communities.

18 Notice of certain appeals.

18.

18. (1) The Board shall publish in at least one daily newspaper published in the State notice of any appeal in respect of which an environmental impact statement has been received by the Board in accordance with section 6 of the Act of 1992 or article 13.

• (2) A notice published in accordance with sub-article (1) shall state—

( a ) the location or locations at which, and the period during which, the environmental impact statement will be available for inspection and purchase, and

( b ) that, subject to section 8 of the Act of 1992, submissions or observations may be made to the Board in relation to the appeal within a period of one month beginning on the day of publication of the notice.

19 Revised plans, etc.

19.

19. The Board may, when considering an appeal under section 26 (5) or 27 (4) of the Act of 1963, invite the applicant for any permission or approval in relation to which the appeal is made to submit to the Board, in duplicate, revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the appeal relates and an applicant so invited may submit such plans or drawings to the Board.

20 Availability for inspection of copies of appeals.

20.

20. Where a copy of an appeal is given to a planning authority by the Board in accordance with section 7 of the Act of 1992 or in accordance with that section as applied by these Regulations, the planning authority shall, as soon as may be after receipt of the copy of the appeal, make a copy of the appeal available for inspection by members of the public during office hours at the offices of the authority until the appeal is withdrawn or is dismissed or determined by the Board or in relation to it a direction is given to the authority by the Board pursuant to section 15 of the Act of 1992.

21 Notification by Board of decision on appeal.

21.

21. Every notification given by the Board of a decision on an appeal relating to a planning application shall specify—

( a ) the reference number relating to the planning application in the register of the planning authority,

( b ) the nature of the decision,

( c ) the development or retention or continuance of use to which the decision relates,

( d ) the date of the decision,

( e ) in the case of a decision to grant any permission or approval for the construction, erection or making of a structure and to specify the purposes for which the structure may or may not be used — such purposes,

• (f) in the case of a decision to grant any permission — any period specified by the Board pursuant to section 3 of the Local Government (Planning and Development) Act, 1982 (No. 21 of 1982) as the period during which the permission is to have effect,

( g ) in the case of a decision to grant any permission or approval — any condition attached thereto, and

shall state the reasons for the decision (including, in the case of any decision to grant permission or approval subject to conditions, the reasons for the imposition of the conditions).

22 Notification by Board of decision on appeal — additional requirements in certain cases.

22.

22. (1) Notice of the decision of the Board on an appeal in connection with which an environmental impact statement was received by the Board in accordance with section 6 of the Act of 1992 or article 13 shall be published in at least one daily newspaper published in the State.

• (2) The Board shall notify the Minister of its decision on any appeal in respect of which notice was given to the Minister in accordance with article 17.

PART IV DETERMINATIONS

23 Definitions for Part IV.

23.

23. In this Part:—

( a ) "determination" means—

• (i) a determination by the Board of a disagreement, question or dispute to which section 26 (7) of the Act of 1963 or section 15 (2) of the Act of 1990 relates,

• (ii) a determination by the Board of a contribution or other matter which, pursuant to a condition attached to a permission or approval granted under section 26 of the Act of 1963, is to be agreed between the planning authority and the person to whom the permission or approval is granted or in default of agreement is to be determined by the Board;

( b ) "party to a determination" means—

• (i) in the case of a disagreement to which section 26 (7) of the Act of 1963 relates:

• (I) the local authority who will be responsible for maintenance of the roads, open spaces, car parks, sewers, watermains or drains concerned,

• (II) the person carrying out the works concerned;

• (ii) in the case of a dispute or question to which section 15 (2) of the Act of 1990 relates:

• (I) the planning authority concerned,

• (II) the person who made the application for permission for erection of the new structure;

• (iii) in the case of a determination referred to in paragraph (a) (ii):

• (I) the planning authority concerned,

• (II) the person to whom the permission or approval was granted;

and "party" shall be construed accordingly.

24 Power of Board to require submission of documents, etc. in case of determinations.

24.

24. (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 make a determination, the Board may serve on any party a notice under this article—

( a ) requiring that party, 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

( b ) stating that, in default of compliance with the requirements of the notice, the Board will, after the expiration of the period so specified and without further notice to the party, make the determination pursuant to this article.

• (2) Where a notice has been served under sub-article (1), the Board, at any time after the expiration of the period specified in the notice, may, having considered any document, particulars or other information submitted by the party on whom the notice has been served, without further notice to that party make the determination.

25 Conveying of meetings.

25.

25. Where it appears to the Board expedient or convenient for the purposes of making a determination the Board may, in its absolute discretion, convene a meeting of the parties.

PART V APPEALS GENERALLY AND OTHER MATTERS

26 Notice of appeal or reference.

26.

26. The Board may require any party to an appeal to the Board or a reference to give such public notice in relation thereto as the Board may specify and, in particular, may require such notice to be given by publication in a newspaper circulating in the district in which is situate the land or structure to which the appeal or reference is related.

27 Inspections in relation to appeals or references.

27.

27. The Board may arrange for the carrying out of inspections in relation to appeals to the Board or references, by persons appointed for that purpose by the Board either generally or for a particular appeal or reference or for appeals or references of a particular class (including appeals or references relating to land in the area of a particular planning authority).

28 Additional requirements as to giving of notice by Board.

28.

28. (1) Where the Board serves notice on the parties to an appeal or other matter with which the Board is concerned under section 2 (3) (a) of the Act of 1992, the Board shall also serve such notice on each person who has made submissions or observations to the Board in relation to the appeal or other matter.

• (2) Where the Board serves notice under section 12 (3) of the Act of 1992 or that provision as applied by these Regulations on a person who has requested an oral hearing of an appeal or reference and on each other party to the appeal or reference, the Board shall also serve such notice on each person who has made submissions or observations to the Board in relation to the appeal or reference.

PART VI ORAL HEARINGS

29 Interpretation of Part VI.

29.

29. (1) In this Part, a reference to an oral hearing means an oral hearing, within the meaning of section 12 of the Act of 1992 or of that provision as applied by these Regulations, of an appeal to the Board or a reference.

• (2) In this Part, "relevant persons" means the parties to an appeal to the Board or a reference and any persons who have made submissions or observations to the Board in relation to an appeal or reference in accordance with section 8 of the Act of 1992 or that provision as applied by these Regulations.

30 Oral hearings — general.

30.

30. (1) A request for an oral hearing may be withdrawn at any time.

• (2) Where the Board decides to hold an oral hearing, the Board shall inform relevant persons and shall give such persons not less than seven days notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all such persons.

• (3) The Board may, at any time before the opening of an oral hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Board shall give relevant persons not less than seven days notice of the new time and place or such shorter notice as may be accepted by all such persons.

• (4) Where relevant persons have been informed that an oral hearing is to be held and where, following the withdrawal of a request for an oral hearing, the appeal or reference falls to be determined without an oral hearing, the Board shall give notice accordingly to such persons.

• (5) An oral hearing shall be conducted by the Board or by a person appointed for that purpose by the Board generally or for a particular appeal or reference or for appeals or references of a particular class (including appeals or references relating to land in the area of a particular planning authority).

31 Procedure at oral hearing.

31.

31. (1) The Board or other person conducting an oral hearing shall have discretion as to the conduct of the hearing and in particular shall—

( a ) conduct the hearing without undue formality,

( b ) decide the order of appearance of relevant persons,

( c ) permit any relevant person to appear in person or to be represented by another person.

• (2) Where the Board has given notice in accordance with section 13 (2) (a) of the Act of 1992 or that provision as applied by these Regulations of its intention to take into account matters other than those raised by the parties to an appeal or reference or by any person who has made submissions or observations to the Board in relation to an appeal or reference, the parties and any such person shall be permitted, if present, to make submissions in relation to the said matters to the person conducting the oral hearing.

32 Adjournment or re-opening of oral hearing.

32.

32. (1) Subject to sub-articles (2) and (3), the Board or other person conducting an oral hearing may adjourn or re-open any hearing or, notwithstanding that any relevant person has failed to attend a hearing, proceed with the hearing.

• (2) Notice of the time and place of the reopening of an oral hearing or resumption of an oral hearing that has been adjourned indefinitely shall be given by the Board to each relevant person not less than seven days before the said time unless all such persons accept shorter notice.

• (3) Unless the Board considers it expedient to do so and so directs, an oral hearing shall not be re-opened after the report thereon has been submitted to the Board.

33 Replacement of person appointed to conduct oral hearing.

33.

33. If, for any reason, the person appointed is unable or fails to conduct, or to complete the conduct of, an oral hearing or, for any reason, is unable or fails to furnish a report on an oral hearing to the Board, the Board may appoint another person to conduct the oral hearing or to conduct a new oral hearing.

PART VII AVAILABILITY OF DOCUMENTS RELATING TO PLANNING APPLICATIONS

34 Availability of documents relating to planning applications.

34.

34. (1) Any document mentioned in section 6 (a) of the Act of 1992 received or obtained by a planning authority in relation to a planning application shall, in the case of a planning application received after the coming into operation of this article, be made available for inspection by members of the public during office hours at the offices of the authority from the date of receipt of the document until the giving of the decision of the authority in respect of the application.

• (2) Where a permission or an approval is granted (whether by the relevant planning authority or the Board) after the coming into operation of this article, the documents concerned mentioned in section 6 of the Act of 1992 relating to the relevant planning application shall be made available for inspection by members of the public during office hours at the offices of the relevant planning authority from the expiration of the period mentioned in section 5 (1) of that Act until—

( a ) in the case of a permission for the retention on land of any structure, the expiration of a period of five years beginning on the day of the grant of the permission,

( b ) in the case of a permission other than of the kind referred to in paragraph (a) or an approval, the expiration of the appropriate period (within the meaning of section 2 of the Local Government (Planning and Development) Act, 1982 (No. 21 of 1982)) or, as the case may be, of that period as extended under section 4 of the said Act, for the relevant permission.

• (3) Article 29 of the 1977 Regulations (as substituted by article 9 of the 1982 Regulations and as amended by the 1990 Regulations) and article 19 of the 1990 Regulations shall, notwithstanding their revocation by these Regulations, continue to apply and have effect in relation to—

( a ) any planning application received by a planning authority before the coming into operation of this article, until the giving of the decision of the planning authority in respect of the application,

( b ) any planning application in respect of which a permission or approval was granted (whether by the relevant planning authority or the Board) before the coming into operation of this article.

• (4) In this article "planning application" has the same meaning as in section 5 of the Act of 1992.

PART VIII EXEMPTED DEVELOPMENT

35 Amendment of 1977 Regulations.

35.

35. The 1977 Regulations are hereby amended by the deletion in classes 23 and 25 specified in column 1 of Part I of the Third Schedule of "10KV" and the substitution therefor of "20KV".

GIVEN under the Official Seal of the Minister for the Environment this 30th day of July, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations make provision in relation to procedures concerning planning appeals and other matters with which An Bord Pleanala is concerned and the availability for public inspection of documents relating to planning applications and amend the exempted development provisions of the Local Government (Planning and Development) Regulations, 1977 relating to electricity lines and substations.