S.I. No. 86/1994 - Local Government (Planning and Development) Regulations, 1994

61. (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 pursuant to a requirement under article 56.

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

( a ) the 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—

• (i) in the case of an appeal against a decision of a planning authority on a planning application which relates to development other than development referred to in sub-paragraph (ii), 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,

• (ii) in the case of an appeal against a decision of a planning authority on a planning application which relates to development comprising or for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, submissions or observations may be made to the Board in relation to matters other than the risk of environmental pollution from the activity within a period of one month beginning on the day of publication of the notice.

62 Weekly list.

62.

62. (1) The Board shall, not later than the third working day following a particular week, make available in accordance with sub-article (2) a list of—

( a ) the appeals received by the Board, and

( b ) the appeals determined, dismissed or withdrawn or in relation to which a direction is given by the Board pursuant to section 15 of the Act of 1992,

during that week.

• (2) ( a ) A list referred to in sub-article (1) shall indicate in respect of each of the appeals received by the Board during the week to which the list relates—

• (i) the name of the appellant,

• (ii) the date on which the appeal was received by the Board,

• (iii) the reference number of the Board in respect of the appeal,

• (iv) the nature and location of the development or retention or continuance of use to which the appeal relates,

• (v) the reference number of the planning application concerned in the register of the planning authority, and

• (vi) the name of the person by or on behalf of whom the planning application was made.

( b ) A list referred to in sub-article (1) shall indicate, in respect of each appeal determined, dismissed or withdrawn or in relation to which a direction is given by the Board pursuant to section 15 of the Act of 1992 during the week to which the list relates, the matters specified in paragraph (a) (iii) to (vi) and the following additional matters—

• (i) in the case of an appeal determined by the Board, the nature of the decision of the Board and the date of the order of the Board in relation to the appeal,

• (ii) in the case of an appeal dismissed by the Board, the date of the order of the Board in relation to the appeal,

• (iii) in the case of an appeal which has been withdrawn, the date on which it was withdrawn,

• (iv) in the case of an appeal in relation to which a direction has been given by the Board pursuant to section 15 of the Act of 1992, the date of the order of the Board in relation to the appeal,

and shall identify any appeal in respect of which an environmental impact statement was received by the Board.

• (3) A list referred to in sub-article (1) shall, for a period of not less than one month beginning on the day on which it is made available, be displayed in or at the offices of the Board in a position convenient for public inspection during office hours.

• (4) ( a ) Copies of a list referred to in sub-article (1) shall, during the period of one month referred to in sub-article (3), be made available at the offices of the Board during office hours, free of charge or for such fee as the Board may fix not exceeding the reasonable cost of making the copy.

( b ) A copy of a list referred to in sub-article (1) shall, during the period of one month as aforesaid, be sent, on request, to any person or body, free of charge or for such fee, not exceeding the reasonable cost of making the copy and the cost of postage, as the Board may fix.

63 Revised plans, etc.

63.

63. The Board may, when considering an appeal, invite the applicant for the permission or approval concerned 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, drawings or particulars to the Board.

64 Availability for inspection of copies of appeals.

64.

64. 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 a direction is given to the authority in relation to it by the Board pursuant to section 15 of the Act of 1992.

65 Notification by Board of decision on appeal.

65.

65. A notification given by the Board of a decision on an appeal shall specify—

( a ) the reference number of the Board in respect of the appeal,

( b ) the reference number of the planning application concerned in the register of the planning authority,

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

( d ) the nature of the decision,

( e ) the date of the order of the Board in relation to the appeal,

( f ) in the case of a decision to grant a permission or approval — any conditions attached thereto,

( g ) in the case of a decision to grant a 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,

( h ) in the case of a decision to grant a permission or approval for the development of land consisting of or comprising the carrying out of works — any approval or further approval required,

( i ) in the case of a decision to grant a permission — any period specified by the Board pursuant to section 3 of the Act of 1982 as the period during which the permission is to have effect, and

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

66 Notification by Board of decision on appeal — additional requirement in certain cases.

66.

66. 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 60.

CHAPTER III

Determinations

67 Definitions for Chapter III.

67.

67. In this Chapter—

( a ) "determination" means a determination by the Board of—

• (i) 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, or

• (ii) 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 and 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 by whom the application for permission for erection of the new structure was made;

• (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.

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

68.

68. (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.

69 Convening of meetings.

69.

69. 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.

CHAPTER IV

Appeals generally and other matters

70 Notice of appeal or reference.

70.

70. The Board may require any party to an appeal 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 the land or structure to which the appeal or reference relates is situate.

71 Inspections in relation to appeals, references and determinations.

71.

71. The Board may arrange for the carrying out of inspections in relation to appeals, references or determinations within the meaning of article 67 (a), by persons appointed for that purpose by the Board either generally or for a particular appeal, reference or determination or for appeals, references or determinations of a particular class (including appeals, references or determinations relating to land in the area of a particular planning authority).

72 Additional requirements as to giving of notice by Board.

72.

72. (1) Where the Board serves notice under section 2 (3) (a) of the Act of 1992 on the parties to an appeal or other matter with which the Board is concerned, 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.

CHAPTER V

Oral hearings

73 Interpretation for Chapter V.

73.

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

• (2) In this Chapter, "relevant persons" means the parties to an appeal 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.

74 Oral hearings — general.

74.

74. (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—

( a ) inform relevant persons and 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,

( b ) give each relevant person a copy of all correspondence, documents, particulars or other information received from other relevant persons in accordance with the provisions of the Act of 1992 or those provisions as applied by these Regulations and not previously given to that relevant person.

• (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 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).

75 Procedure at oral hearing.

75.

75. (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 Board or other person conducting the oral hearing.

• (3) The Board or other person conducting an oral hearing shall have discretion to hear a person other than a relevant person, where it is considered appropriate in the interests of justice to allow the person to be heard.

76 Adjournment or re-opening of oral hearing.

76.

76. (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 re-opening 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 and to any person who has been heard at the hearing in accordance with article 75 (3) 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.

77 Replacement of person appointed to conduct oral hearing.

77.

77. 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.

CHAPTER VI

General

78 Transitional.

78.

78. (1) Subject to sub-article (2)—

( a ) this Part shall not apply or have effect in relation to any appeal or other matter that is received by the Board before the coming into operation of this Part,

( b ) the provisions of the Local Government (Planning and Development) (No. 2) Regulations, 1992 shall, notwithstanding article 4, continue in force and have effect in relation to any appeal or other matter that is received by the Board before the coming into operation of this Part.

• (2) A list referred to in article 62 shall be made available in accordance with that article in respect of the week commencing on the coming into operation of this Part and of each subsequent week.

PART VI EXTENSION OF DURATION OF PLANNING PERMISSION

79 Interpretation for Part VI.

79.

79. (1) In this Part, "the appropriate period" has the meaning assigned to it by section 2 (5) of the Act of 1982.

• (2) In this Part, any reference to a decision to extend or further extend the appropriate period as regards a particular permission shall include a reference to such a decision which is regarded as having been given by virtue of section 4 (2) of the Act of 1982 and cognate expressions shall be construed accordingly.

80 Time at which application to extend or further extend appropriate period may be made.

80.

80. An application under section 4 of the Act of 1982 to extend or further extend the appropriate period as regards a particular permission shall be made not earlier than one year before the expiration of the appropriate period sought to be extended or further extended.

81 Content of application to extend appropriate period.

81.

81. An application under section 4 of the Act of 1982 to extend the appropriate period as regards a particular permission shall be made in writing and shall contain the following particulars—

( a ) (i) the name and address, and telephone number if any, of the applicant and of the person, if any, acting on behalf of the applicant,

• (ii) the address to which any correspondence relating to the application should be sent,

( b ) the location of the land or the address of the structure to which the permission relates (as may be appropriate),

( c ) the development to which the permission relates,

( d ) particulars of the interest held in the relevant structure or other land by the applicant,

( e ) the date of the permission and its reference number in the register,

( f ) in the case of an outline permission, the date and reference number in the register of the subsequent approval or approvals,

( g ) the date on which the permission will cease, or ceased, to have effect,

( h ) the date of commencement of the development to which the permission relates,

( i ) particulars of the substantial works carried out or which will be carried out pursuant to the permission before the expiration of the appropriate period,

( j ) the additional period by which the permission is sought to be extended, and

( k ) the date on which the development is expected to be completed.

82 Content of application to further extend appropriate period.

82.

82. An application under section 4 of the Act of 1982 to further extend the appropriate period as regards a particular permission shall be made in writing and shall contain the particulars referred to at paragraphs (a) to (h) inclusive of article 81 and the following additional particulars—

( a ) particulars of the works (if any) carried out pursuant to the permission since the permission was extended or further extended,

( b ) the period by which the permission is sought to be further extended,

( c ) the date on which the development is expected to be completed, and

( d ) the circumstances beyond the control of the person carrying out the development due to which the development has not been completed.

83 Procedure on receipt of application to extend or further extend appropriate period.

83.

83. (1) On receipt of an application to extend or further extend the appropriate period as regards a particular permission, a planning authority shall—

( a ) stamp the documents with the date of their receipt, and

( b ) consider whether the application complies with the requirements of article 81 or 82, as the case may require.

• (2) ( a ) Where a planning authority consider that an application to extend or further extend the appropriate period as regards a particular permission complies with the requirements of article 81 or 82, as may be appropriate, they shall send to the applicant an acknowledgement stating the date of receipt of the application.

( b ) Where a planning authority consider that an application to extend or further extend the appropriate period as regards a particular permission does not comply with the requirements of article 81 or 82, as may be appropriate, they shall, by notice in writing, require the applicant to furnish such further particulars as may be necessary to comply with the said requirements.

84 Further information.

84.

84. (1) Where a planning authority receive an application to extend or further extend the appropriate period as regards a particular permission, they may, by notice in writing, require the applicant—

( a ) to submit such further information as they may require to consider the application (including any information regarding any estate or interest in or right over land), or

( b ) to produce any evidence which they may reasonably require to verify any particulars or information given in or in relation to the application.

• (2) A planning authority shall not require an applicant who has complied with a requirement under sub-article (1) to submit any further information, particulars or evidence save as may be reasonably necessary to clarify the matters dealt with in the applicant's response to the said requirement or to enable those matters to be considered or assessed.

• (3) Where an applicant fails or refuses to comply with any requirement under this article within one month of such requirement, the planning authority may, if they think fit, refuse the application.

85 Notification of decision on application to extend or further extend appropriate period.

85.

85. Every notification given by a planning authority of a decision on an application to extend or further extend the appropriate period as regards a particular permission shall specify—

( a ) the date of the permission and its reference number in the register,

( b ) the location of the land or the address of the structure to which the permission relates (as may be appropriate),

( c ) the development to which the decision relates,

( d ) the date of the decision,

( e ) the nature of the decision,

( f ) in the case of a decision to extend or further extend the appropriate period, the additional period by which that period has been extended, and

( g ) in the case of a decision to refuse to extend or further extend the appropriate period, the reasons for such refusal.

PART VII FEES

CHAPTER I

General

86 Definitions for Part VII.

86.

86. In this Part—

"commercial development" means development for the purposes of any professional, commercial or industrial undertaking, development in connection with the provision for reward of services to persons or undertakings, or development consisting of the provision of two or more dwellings, but does not include development for the purposes of agriculture;

"the 1984 Regulations" means the Local Government (Planning and Development) (Fees) Regulations, 1984 ( S.I. No. 358 of 1984 );

"the 1991 Regulations" means the Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1991 ( S.I. No. 187 of 1991 );

"the 1993 Regulations" means the Local Government (Planning and Development) (Fees) (Amendment) Regulations, 1993 ( S.I. No. 349 of 1993 ).

87 Transitional

87.

87. (1) Where a planning application is received by a planning authority before the coming into operation of this Part, the fee to be paid to the planning authority shall, notwithstanding this Part, be the fee payable under the 1984 Regulations as amended by the 1991 Regulations and the 1993 Regulations.

• (2) Where an application under section 4 of the Act of 1982 for an extension or further extension as regards a particular permission of the appropriate period within the meaning of section 2 (5) of that Act is received by a planning authority before the coming into operation of this Part, the fee to be paid to the planning authority shall, notwithstanding this Part, be the fee payable under the 1984 Regulations as amended by the 1993 Regulations.

CHAPTER II

Fees payable to a planning authority in respect of planning applications

88 Fee for planning application.

88.

88. Subject to the following provisions of this Part, a fee shall be paid to a planning authority by an applicant in respect of a planning application.

89 Exemptions.

89.

89. (1) Where a planning application relates in whole or in part to development which in the opinion of the planning authority is development proposed to be carried out by or on behalf of a voluntary organisation, and which in the opinion of the planning authority—

( a ) is designed or intended to be used for social, recreational, educational or religious purposes by inhabitants of a locality generally or by people of a particular group or religious denomination and is not to be used mainly for profit or gain,

( b ) is designed or intended to be used as a hostel, workshop or other accommodation for persons with a disability and is not to be used mainly for profit or gain, or

( c ) is ancillary to development referred to in paragraph (a) or (b),

a fee shall not be payable in respect of any such development.

• (2) Where a planning application relates in whole or in part to development which is proposed to be carried out by or on behalf of a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992) and which in the opinion of the planning authority—

( a ) is designed or intended to be used for the accommodation of poor or homeless persons or persons who would otherwise be likely to require housing accommodation provided by a housing authority, and is not to be used mainly for profit or gain, or

( b ) is ancillary to development referred to in paragraph (a),

a fee shall not be payable in respect of any such development.

90 Standard fee.

90.

90. The amount of the fee payable in respect of a planning application shall, subject to articles 91, 92 and 93 and Section III of the Fourth Schedule, be the amount indicated in column 2 of Section II of the Fourth Schedule opposite the mention of the relevant class of development in column 1 of Section II of the said Schedule.

91 Fee for certain planning applications relating to retention of structures or continuance of use.

91.

91. Subject to Section III of the Fourth Schedule, the amount of the fee payable in respect of an application for permission for the retention on land of any structure or for the continuance of any use of any structure or other land, other than an application to which article 93 (2) (b) or (c) applies, shall be the amount indicated in column 2 of Section II of the Fourth Schedule opposite the mention of the relevant class of development in column 1 of Section II of the said Schedule, increased by one half.

92 Outline application fee.

92.

92. Subject to Section III of the Fourth Schedule, the amount of the fee payable in respect of an outline application shall be three quarters of the amount indicated in column 2 of Section II of the Fourth Schedule opposite the mention of the relevant class of development in column 1 of Section II of the said Schedule.

93 Reduced fee.

93.

93. (1) Subject to sub-article (3) and Section III of the Fourth Schedule, the amount of the fee payable in respect of an application mentioned in sub-article (2) shall be one quarter of the amount indicated in column 2 of Section II of the Fourth Schedule opposite the mention of the relevant class of development in column 1 of Section II of the said Schedule.

• (2) The applications referred to in sub-article (1) are—

( a ) an application for an approval,

( b ) an application for permission for the retention of any structure or for the continuance of any use of land without complying with a condition subject to which a previous permission was granted for the development,

( c ) an application for permission for the retention of any structure or for the continuance of any use of land in respect of which a previous permission has been granted 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 Act of 1963 and which is made not less than two months before the expiration of the previous permission,

( d ) an application which relates to development which differs from development authorised by a previous permission by reason only of—

• (i) a change in the type of dwelling proposed to be constructed, erected or made, or

• (ii) the modification of the design or of the external appearance of a building or other structure proposed to be constructed, erected or made.

• (3) This article shall have effect only where a fee under this Part or under the 1984 Regulations as amended by the 1991 Regulations and the 1993 Regulations has been paid in relation to the relevant previous permission or approval.

94 Refund of fee in case of certain repeat applications.

94.

94. (1) Where a planning application (not being an application for an approval) is either—

( a ) withdrawn before a decision to grant or to refuse the relevant permission is made by the planning authority, or

( b ) determined by the planning authority or by the Board,

and a subsequent such application is made by or on behalf of the same applicant, the planning authority shall, subject to sub-article (3) and article 96 and to paragraph 5 of Section III of the Fourth Schedule, refund three quarters of the fee paid to them in respect of the subsequent application if, and only if, each of the conditions mentioned in sub-article (2) is complied with.

• (2) The conditions referred to in sub-article (1) are—

( a ) the authority are satisfied that the subsequent application relates to development of the same character or description as the development to which the earlier application related, and

( b ) a fee under this Part (or under the 1984 Regulations as amended by the 1991 Regulations and the 1993 Regulations) in respect of the class or classes of development to which the subsequent application relates has been paid in respect of the earlier application, and

( c ) the period between the withdrawal or determination of the first application and the making of the subsequent application does not exceed twelve months, and

( d ) the authority are satisfied that the subsequent application relates to land substantially consisting of the site or part of the site to which the earlier application related, and

( e ) no previous refund under sub-article (1) or under article 10 of the 1984 Regulations has at any time been made to the same applicant in respect of an application which related substantially to the same land and to development of the same character or description as that to which the subsequent application relates, and

( f ) the case is not a case where a reduced fee has been paid under article 93 or under article 9 of the 1984 Regulations.

• (3) A refund under this article shall be made on a claim in that behalf made in writing to the planning authority and received by them within (but not after) the period of two months beginning on the day of the giving of the decision of the planning authority in respect of the subsequent application.

95 Refund of fee in certain other cases.

95.

95. Where a planning authority serve a notice in accordance with article 20 (3) or 29 (2) (b) (i), they shall refund the fee paid to them in respect of the planning application.

96 Discretionary power to refund fee in certain limited circumstances.

96.

96. (1) Notwithstanding any other provision of this Part, but subject to paragraph 5 of Section III of the Fourth Schedule, a planning authority shall have an absolute discretion to refund a part of the fee payable in respect of a particular planning application where they are satisfied that the payment in full of the fee would not be just and reasonable having regard to any of the following—

• (a) the limited extent of the development,

• (b) the limited cost of the development,

• (c) the fee payable in respect of an application for any other development of a similar character, extent or description.

• (2) A decision under sub-article (1) shall contain a statement specifying the reasons for the decision.

97 Applications involving mixed development.

97.

97. (1) Subject to sub-article (2), where a planning application relates to development which is within more than one of the classes mentioned in column 1 of Section II of the Fourth Schedule—

• (a) an amount shall be calculated in accordance with this Part in respect of the development which is within each such class, and

• (b) the aggregate of the amounts so calculated shall, subject to Section III of the Fourth Schedule, be taken as the amount of the fee payable in respect of the development to which the application relates.

• (2) Sub-article (1) shall not have effect in relation to development comprising the provision of roads, car parks, services, open spaces or any structures or other works which are included in the planning application and are incidental to development of the class or classes to which the application primarily relates.

• (3) Where a planning application referred to in sub-article (1) relates to a building which is to contain floor space which it is proposed to use (or which is designed for use or is capable of use) for the purposes of providing common access or common services or facilities for persons occupying or using the building, the amount of such common floor space appropriate to each class of development mentioned in column 1 of Section II of the Fourth Schedule shall be taken, for the purposes of the calculation referred to in sub-article (1) (a), to be such proportion of the common floor space as the amount of floor space coming directly within the class bears to the total amount of gross floor space in the building.

98 Applications involving multi-purpose development.

98.

98. Where a planning application relates to development which is designed for, or capable of, or intended for, use for one of several purposes, the amount of the fee payable in respect of each of the relevant classes of development mentioned in column 1 of Section II of the Fourth Schedule shall be calculated and the fee payable shall, subject to Section III of the Fourth Schedule, be the highest of those amounts.

99 Applications involving alternative plans.

99.

99. Where a planning application includes proposals for materially different layouts or designs relating to the proposed development, the fee payable in respect of the application shall be calculated as if each proposal constituted a separate planning application.

100 Calculation of site area and gross floor space.

100.

100. (1) Where, in respect of any class of development mentioned in column 1 of Section II of the Fourth Schedule, the amount of the fee is to be calculated by reference to the site area, that area shall be taken as consisting of the area of land to which the application relates.

• (2) Where, in respect of any class of development mentioned in column 1 of Section II of the Fourth Schedule, the amount of the fee is to be calculated by reference to the area of gross floor space to be provided, that area shall be ascertained by the internal measurement of the floor space on each floor of a building or buildings (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to development to which the application primarily relates.

• (3) Where the area referred to in sub-article (1) or (2) is less than the unit of measurement specified in respect of the relevant class of development or is not an exact multiple of that unit, the fraction of a unit remaining after division of the total area by the unit of measurement shall be treated, for the purposes of calculating the fee payable in respect of the application, as a complete unit.

CHAPTER III

Fees payable to the Board

101 Fee for appeals.

101.

101. (1) A person making an appeal shall pay a fee to the Board.

• (2) Subject to article 104, the amount of the fee payable to the Board shall be the amount indicated in column 2 of the Fifth Schedule opposite the appropriate mention of an appeal in column 1 of the said Schedule.

102 Fee for references.

102.

102. (1) A person making a reference to the Board shall pay a fee to the Board.

• (2) Subject to article 104, the amount of the fee payable to the Board shall be the amount indicated in column 2 of the Fifth Schedule opposite the mention of a reference in column 1 of the said Schedule.

103 Fee for requests for determinations.

103.

103. (1) A person making a request to the Board for a determination referred to in article 67 (a) shall pay a fee to the Board.

• (2) Subject to article 104, the amount of the fee payable to the Board shall be the amount indicated in column 2 of the Fifth Schedule opposite the mention of a request for a determination in column 1 of the said Schedule.

104 Reduced fee payable in certain circumstances.

104.

104. Where an appeal, a reference or a request for a determination to which article 103 applies is made to the Board by—

• (a) a planning authority,

• (b) An Chomhairle Ealaíon,

• (c) Bord Fáilte Éireann,

• (d) An Taisce — the National Trust for Ireland,

• (e) the National Monuments Advisory Council,

• (f) the Royal Irish Academy,

• (g) the Central Fisheries Board,

• (h) a Regional Fisheries Board,

the fee to be paid to the Board in respect of the appeal, reference or request shall be the amount indicated in column 2 of the Fifth Schedule opposite the mention of a reduced fee in column 1 of the said Schedule.

105 Fee for submissions or observations to the Board.

105.

105. (1) (a) Subject to sub-articles (2) and (3), a fee shall be paid to the Board by a person or body of persons making submissions or observations to the Board as regards an appeal, a reference or a determination to which article 103 applies, and by a person who is heard at an oral hearing in accordance with article 75 (3).

• (b) The amount of the fee payable to the Board shall be the amount indicated in column 2 of the Fifth Schedule opposite the mention of submissions or observations in column 1 of the said Schedule.

• (2) Sub-article (1) shall not apply where the person by or on whose behalf submissions or observations are made is—

• (a) the appellant or person making the reference to, or request for a determination by, the Board,

• (b) the applicant for the permission, approval or licence in relation to which the appeal is made,

• (c) 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,

• (d) a body referred to in article 104 or a State authority, or

• (e) a Member State of the European Communities.

• (3) Where a fee has been paid under this article or under article 23 of the 1984 Regulations by or on behalf of a person or body of persons making submissions or observations as regards a particular appeal, reference or determination, a fee shall not be payable in respect of any further submissions or observations made by or on behalf of the same person or body of persons in accordance with the Act of 1992, or that Act as applied by Part V, as regards that appeal, reference or determination.

106 Fee for requests for oral hearings.

106.

106. (1) A person making a request to the Board for an oral hearing of an appeal or reference shall, in addition to the fee prescribed by article 101 or 102, as may be appropriate, pay a fee to the Board in respect of the request.

• (2) The amount of the fee payable to the Board shall be the amount indicated in column 2 of the Fifth Schedule opposite the mention of a request for an oral hearing in column 1 of the said Schedule.

CHAPTER IV

Fee payable to planning authority in respect of application to extend or further extend appropriate period

107 Fee for application to extend or further extend appropriate period.

107.

107. (1) A fee shall be paid to a planning authority by an applicant in respect of an application under section 4 of the Act of 1982 for an extension or further extension, as regards a particular permission, of the appropriate period within the meaning of section 2(5) of that Act.

• (2) The amount of the fee payable in respect of an application mentioned in sub-article (1) shall be the amount indicated in column 2 of the Sixth Schedule opposite the mention of such an application in column 1 of the said Schedule.

PART VIII COMPENSATION

108 Definition for Part VIII.

108.

108. In this Part, "compensation claim" means a claim for compensation under the Act of 1990.

109 Compensation claim.

109.

109. (1) A compensation claim shall be made to the planning authority in writing and shall include—

• (a) the name and address of the claimant and a statement of his interest in the land to which the claim relates,

• (b) a statement of the matter in respect of which the claim is made, the provision of the Act of 1990 under which it is made, the amount of compensation claimed and the basis on which that amount has been calculated, and

• (c) the names and addresses of all other persons (so far as they are known to the claimant) having an interest in the land to which the claim relates, or, where the claimant does not know of any such persons, a statement to that effect.

• (2) Where a planning authority receive a compensation claim which fails to comply with a requirement of sub-article (1), the authority shall, by notice in writing, require the claimant to comply with such requirement and may defer consideration of the claim until the claimant has complied with such requirement.

110 Notice of claim.

110.

110. (1) Within one month of the receipt by a planning authority of a compensation claim, or within one month of compliance with a requirement under article 109 (2), the planning authority shall, unless the claim is withdrawn, give notice in writing to every person, other than the claimant, appearing to them to have an interest in the land to which the claim relates.

• (2) A notice under sub-article (1) shall state the name and address of the claimant, the land to which the claim relates, the matter in respect of which the claim is made and, where the relevant period under section 4 of the Act of 1990 for the making of a compensation claim has not expired, the date having regard to the said section 4 after which a further claim for compensation in respect of that matter cannot be made.

• (3) Where more than one compensation claim in respect of the same matter has been received by a planning authority, the provisions of sub-article (1) shall not apply in respect of such persons as are claimants or have already been given notice of a claim in respect of that matter under that sub-article.

111 Provision of certain evidence and information.

111.

111. Where a compensation claim is made, the planning authority may, by notice in writing, require the claimant to provide evidence in support of the claim and evidence as to the claimant's interest in the land to which the claim relates and may defer consideration of the claim until the claimant has complied with such requirement.

112 Application under section 14 of Act of 1990.

112.

112. (1) Where an application is made to the Minister under section 14 of the Act of 1990 for an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of section 12 or 13 of that Act, the applicant shall submit to the Minister—

• (a) his name and address and a statement of his interest in the land to which the application relates,

• (b) a statement of the date of notification of the decision refusing, or granting subject to conditions relating to any of the matters set out in paragraphs 8 and 9 of the Fourth Schedule of the Act of 1990, permission to develop the land to which the application relates, and

• (c) a statement of the reasons why, in the opinion of the applicant, such an order should be made.

• (2)
• (a) An applicant for an order under section 14 of the Act of 1990 shall send to the Minister such documents and information relevant to the application and in the applicant's possession or procurement as the Minister may require.

• (b) The planning authority concerned shall send to the Minister such documents and information relevant to an application for an order under section 14 of the Act of 1990 and in their possession or procurement as the Minister may require.

113 Notice under section 13 of Act of 1990.

113.

113. A notice under section 13 of the Act of 1990 served on a person by whom or on behalf of whom a compensation claim under section 11 of that Act has been made shall contain—

• (a) a statement of the land to which the notice relates,

• (b) a statement that, notwithstanding the refusal of permission to develop the land or the grant of such permission subject to conditions (as the case may be), the land in question is, in the opinion of the planning authority, capable of other development for which permission under Part IV of the Act of 1963 ought to be granted,

• (c) a statement in outline of the nature and extent of the other development (being other development within the meaning of section 13 of the Act of 1990) of which, in the opinion of the planning authority, the land is capable,

• (d) a statement that the notice shall continue in force for a period of five years commencing on the day of service of the notice unless before the expiration of that period:

• (i) the notice is withdrawn by the planning authority, or

• (ii) a permission is granted under Part IV of the Act of 1963 to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, subject to no conditions or to conditions of a class or description set out in the Fourth Schedule of the Act of 1990, or

• (iii) the notice is annulled by virtue of section 13 (5) of the Act of 1990, and

• (e) a statement that compensation shall not be payable on the claim in respect of the land in question where:

• (i) the notice is in force, or

• (ii) an application for permission under Part IV of the Act of 1963 to develop the land to which the notice relates in a manner consistent with the other development specified in the notice has not been made before the expiration of the notice, or

• (iii) permission is granted under Part IV of the Act of 1963 to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, subject to no conditions or to conditions of a class or description set out in the Fourth Schedule of the Act of 1990.

PART IX ENVIRONMENTAL IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY OR ON BEHALF OF LOCAL AUTHORITIES

114 Definition for Part IX.

114.

114. In this Part, "local authority" means a local authority for the purposes of section 78 of the Act of 1963.

115 Restriction of application of Part IX.

115.

115. (1) This Part shall not apply to development proposed to be carried out by or on behalf of a local authority outside the functional area of the local authority, other than development consisting of any works required for the construction of a new road or the improvement of a road and which is not proposed road development within the meaning of the Roads Act, 1993 .

• (2) In this article, "functional area" means, in the case of a county council, the county exclusive of any borough or urban district therein.

116 Environmental impact statement to be prepared in respect of certain proposed development.

116.

116. Where development proposed to be carried out by or on behalf of a local authority is 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, the local authority shall cause an environmental impact statement to be prepared in respect of that development.

117 Requirement to prepare environmental impact statement in respect of certain other proposed development.

117.

117. Where development proposed to be carried out by or on behalf of a local authority would be of a class referred to in article 116 but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, the Minister shall, where he considers that the said development would be likely to have significant effects on the environment, require the local authority to cause an environmental impact statement to be prepared in respect of that development.

118 Content of environmental impact statement.

118.

118. An environmental impact statement prepared in accordance with article 116 or pursuant to a requirement under article 117 shall comply with Article 25 of the Environmental Impact Assessment Regulations, or any provision amending or replacing the said Article 25.

119 Certain development not to be carried out without certification of Minister.

119.

119. Proposed development in respect of which an environmental impact statement has been prepared in accordance with article 116 or pursuant to a requirement under article 117 shall not be carried out unless the Minister has certified, following an application to him in accordance with article 123, that the proposed development (or the proposed development as varied or modified by him in accordance with article 127), in his opinion, will not have significant adverse effects on the environment, or will embody the best practicable means to prevent or limit such effects.

120 Notice of application for certification.

120.

120. Before making an application in accordance with article 123 for the certification of the Minister, a local authority shall publish in a newspaper circulating in the area in which the proposed development would be situate a notice—

• (a) indicating the nature and location of the proposed development,

• (b) stating that:

• (i) they propose to make the application for certification,

• (ii) an environmental impact statement has been prepared in respect of the proposed development,

• (iii) the environmental impact statement will be available, for inspection free of charge and for purchase, at the offices of the local authority at specified times during a specified period (which shall be not less than one month beginning on the day of publication of the notice),

• (iv) submissions or observations in relation to the effects on the environment of the proposed development may be made in writing to the Minister before a specified date (which shall be not less than two weeks after the end of the period for inspection and purchase specified pursuant to sub-paragraph (iii)).

121 Availability for purchase of copies of environmental impact statements and extracts.

121.

121. Copies of an environmental impact statement prepared in respect of proposed development in accordance with article 116 or pursuant to a requirement under article 117, and of extracts from any such statement, shall be made available for purchase during the period specified pursuant to article 120 (b) (iii) for such fee as the local authority may fix not exceeding the reasonable cost of making the copy.

122 Notice of application for certification to certain bodies.

122.

122. (1) Before making an application in accordance with article 123 for the certification of the Minister, a local authority shall send notice of the proposed application and a copy of the environmental impact statement prepared in respect of the proposed development to the relevant body or bodies specified in sub-article (3).

• (2) A notice in accordance with sub-article (1) shall state that submissions or observations in relation to the effects on the environment of the proposed development may be made in writing to the Minister before a specified date (which shall be not less than two weeks after the end of the period for inspection and purchase specified pursuant to article 120 (b) (iii)).

• (3) A notice in accordance with sub-article (1) shall be sent—

( a ) where it appears to the local authority that the proposed development would be situate in an area of special amenity, whether or not an order in respect of that area has been made under section 42 of the Act of 1963 — to An Chomhairle Ealaíon, Bord Fáilte Éireann and An Taisce — the National Trust for Ireland,

( b ) where it appears to the local authority that the proposed development would affect the value of any tourist amenity or tourist amenity works — to Bord Fáilte Éireann,

( c ) where it appears to the local authority that the proposed development would affect any cave, site, feature or other object of archaeological, geological, scientific or historical interest or any building of artistic, architectural or historical interest — to An Chomhairle Ealaíon, Bord Fáilte Éireann, the Commissioners of Public Works in Ireland, the National Monuments Advisory Council and An Taisce — the National Trust for Ireland,

( d ) where it appears to the local authority that the area of another local authority would be affected by the proposed development — to the local authority concerned,

( e ) where it appears to the local authority that the development might endanger or interfere with the safety of aircraft or the safe and efficient navigation thereof — to the Irish Aviation Authority,

( a ) where it appears to the local authority that the proposed development might give rise to appreciable discharges of polluting matters to waters — to the appropriate Regional Fisheries Board,

( g ) where it appears to the local authority that the proposed development might have significant effects on public health — to the appropriate Health Board,

( h ) where it appears to the local authority that the proposed development might have significant effects in relation to nature conservation — to the Commissioners of Public Works in Ireland.

• (4) A reference in sub-article (3) to Bord Fáilte Éireann shall, in the case of proposed development which would be situate in the functional area of the Shannon Free Airport Development Company Ltd., be construed as a reference to that Company.

123 Application for certification of Minister.

123.

123. Where an environmental impact statement has been prepared in respect of proposed development in accordance with article 116 or pursuant to a requirement under article 117, the local authority shall, as soon as may be after compliance with the requirements of articles 120 and 122, apply to the Minister for the certification mentioned in article 119, and send to the Minister—

( a ) three copies of the environmental impact statement prepared in respect of the proposed development,

( b ) a copy of the notice published pursuant to article 120, and

( c ) details of any body to which notice was given pursuant to article 122, the date on which such notice was given and the period specified in the notice for the making of submissions or observations to the Minister.

124 Further information.

124.

124. (1) The Minister may, where he considers it necessary so to do, require a local authority who have applied in accordance with article 123 for certification for proposed development to furnish to him such further information in relation to the effects on the environment of the proposed development as the Minister may specify.

• (2) ( a ) The Minister shall, where he considers that further information received pursuant to a requirement under sub-article (1) contains significant additional data in relation to the effects on the environment of the proposed development, require the local authority—

• (i) to publish in a newspaper circulating in the area in which the proposed development would be situate a notice stating that further information in relation to the effects of the proposed development has been furnished to the Minister, that the further information will be available, for inspection free of charge and for purchase, at the offices of the local authority at specified times during a period of three weeks beginning on the day of publication of the notice and that submissions or observations in relation to the further information may be made to the Minister before the expiration of the said period,

• (ii) to send notice of the furnishing of the further information to the Minister, and a copy of the further information, to any body to which notice was given pursuant to article 122, and to indicate to the body concerned that submissions or observations in relation to the further information may be made to the Minister before the expiration of a period of three weeks beginning on the day on which the notice is sent to the body concerned by the local authority.

( b ) Copies of further information in respect of which notice is published pursuant to a requirement under sub-article (2) (a) (i) shall be made available for purchase during the period referred to in sub-article (2) (a) (i) for such fee as the local authority may fix not exceeding the reasonable cost of making the copy.

125 Consultation with other Member States of European Communities.

125.

125. Where the Minister considers that proposed development in respect of which an application for certification has been made in accordance with article 123 would have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, the Minister shall consult that Member State in relation to the effects on the environment of the proposed development.

126 Minister to have regard to certain matters in considering application for certification

126.

126. The Minister shall, when considering an application for certification made in accordance with article 123, have regard to the environmental impact statement prepared in respect of the proposed development in accordance with article 116 or pursuant to a requirement under article 117 (including any additional information furnished by the local authority pursuant to a requirement under article 124 (1)), to any submissions or observations made to him in accordance with this Part, and to the views of other Member States of the European Communities arising from consultation, if any, in accordance with article 125.

127 Power of Minister to vary or modify proposed development.

127.

127. (1) The Minister may, in certifying proposed development in accordance with article 119, direct that the proposed development shall be varied or modified in such manner as he considers necessary or appropriate to ensure that the proposed development, in his opinion, will not have significant adverse effects on the environment, or will embody the best practicable means to prevent or limit such effects.

• (2) Where the Minister in certifying proposed development directs that the proposed development shall be varied or modified, the development shall not be carried out save in conformity with that direction.

128 Notice of Minister's decision in relation to application for certification.

128.

128. (1) The Minister shall cause notice of his decision in relation to an application for certification in accordance with article 123 to be published in a newspaper circulating in the area in which the proposed development would be situate.

• (2) Where there has been consultation with another Member State of the European Communities in accordance with article 125 in relation to the effects on the environment of a proposed development, notice of the Minister's decision in relation to the application for certification shall be given to that Member State.

129 Transitional.

129.

129. Part IV of the Local Government (Planning and Development) Regulations, 1990, as amended by article 2 (b) of the Local Government (Planning and Development) Regulations, 1992 ( S.I. No. 209 of 1992 ), shall, notwithstanding article 4, continue in force and have effect in relation to any application for the certification of the Minister made in accordance with the said Part before the coming into operation of this Part.

PART X REQUIREMENTS IN RESPECT OF SPECIFIED DEVELOPMENT BY OR ON BEHALF OF LOCAL AUTHORITIES

130 Development to which Part X applies.

130.

130. (1) This Part shall, subject to sub-articles (2) and (3) and article 136, apply to the following classes of cases of development, being development specified pursuant to section 78 (1) of the Act of 1963 and hereafter in this Part referred to as "proposed development"—

( a ) the construction or erection of a house or other dwelling,

( b ) the construction of a new road or the widening or realignment of an existing road, where the length of the new road or of the widened or realigned portion of the existing road, as the case may be, would be—

• (i) in the case of a road in an urban area, 100 metres or more, or

• (ii) in the case of a road in any other area, 1 kilometre or more,

( c ) the construction of a bridge or tunnel,

( d ) the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water,

( e ) the construction or erection of water intake or treatment works, overground aqueducts, or dams or other installations designed to hold water or to store it on a long-term basis,

( f ) drilling for water supplies,

( g ) the construction of a swimming pool,

( h ) the use of land, or the construction or erection of any installation or facility, for the disposal of waste,

( i ) the use of land as a burial ground,

( j ) the construction or erection of a fire station, a library or a public toilet, and

( k ) any other development, not being development consisting of the provision of sites pursuant to section 13 of the Housing Act, 1988 (No. 28 of 1988), the estimated cost of which exceeds £50,000.

• (2) ( a ) Subject to paragraph (b), this Part shall not apply to proposed development that a local authority proposes to carry out outside the functional area of the local authority.

( b ) This Part shall, subject to sub-article (3) and article 136, apply to proposed development that a county council established by section 11 of the Local Government (Dublin) Act, 1993 proposes to carry out within the functional area of another county council established by that section during the period commencing on the coming into operation of this Part and terminating on the 31st day of December, 1995.

( c ) In this sub-article, "functional area" means, in the case of a county council, the county exclusive of any borough or urban district therein.

• (3) This Part shall not apply to proposed development if—

( a ) the development consists of works of maintenance or repair, or

( b ) the development is necessary for dealing forthwith with any situation which the manager considers is an emergency situation calling for immediate action without regard to the provisions of this Part, or

( c ) the development is required by Part IX or any other statutory provision to comply with procedures for the purpose of giving effect to the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985), or

( d ) the development consists of works which the local authority are required by or under statute or by order of a Court to undertake, or

( e ) the development consists of the construction of a reservoir to which the requirements of section 63 of the Public Health (Ireland) Act, 1878 (41 & 42 Vict., c. 52) apply.

• (4) In this article, "manager" means—

( a ) as respects the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the county borough, and

( b ) as respects the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1993, the manager for the purposes of the said Acts.

131 Notice of proposed development

131.

131. (1) A local authority shall publish notice of proposed development in a newspaper circulating in the area in which the proposed development would be situate.

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

( a ) indicate the location, nature and extent of the proposed development, and

( b ) state that:

• (i) plans and particulars of the proposed development will be available for inspection at the offices of the local authority at specified times during a specified period (which shall be not less than one month beginning on the day of publication of the notice),

• (ii) submissions or observations with respect to the proposed development, dealing with the proper planning and development of the area in which the development would be situate, may be made in writing to the local authority before a specified date (which shall be not less than two weeks after the end of the period for inspection of plans and particulars specified pursuant to sub-paragraph (i)).

132 Notice of proposed development to certain bodies.

132.

132. (1) A local authority shall send notice of proposed development to any relevant body or bodies specified in sub-article (3).

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

( a ) indicate the location, nature and extent of the proposed development,

( b ) be accompanied by a copy of the plans and particulars of the proposed development made available for inspection by members of the public in accordance with article 133,

( c ) state that submissions or observations with respect to the proposed development, dealing with the proper planning and development of the area in which the development would be situate, may be made in writing to the local authority before a specified date (which shall be not less than two weeks after the end of the period for inspection of plans and particulars specified pursuant to article 131 (2) (b) (i)).

• (3) A notice in accordance with sub-article (1) shall be sent—

( a ) where it appears to the local authority that the proposed development would be situate in an area of special amenity, whether or not an order in respect of that area has been made under section 42 of the Act of 1963 — to An Chomhairle Ealaíon, Bord Fáilte Éireann and An Taisce — the National Trust for Ireland,

( b ) where it appears to the local authority that the proposed development would affect the value of any tourist amenity or tourist amenity works — to Bord Fáilte Éireann,

( c ) where it appears to the local authority that the proposed development would affect any cave, site, feature or other object of archaeological, geological, scientific or historical interest or any building of artistic, architectural or historical interest — to An Chomhairle Ealaíon, Bord Fáilte Éireann, the Commissioners of Public Works in Ireland, the National Monuments Advisory Council and An Taisce — the National Trust for Ireland,

( d ) where it appears to the local authority that the area of another local authority would be affected by the proposed development — to the local authority concerned,

( e ) where it appears to the local authority that the proposed development might endanger or interfere with the safety of aircraft or the safe and efficient navigation thereof — to the Irish Aviation Authority,

( f ) where it appears to the local authority that the proposed development might give rise to appreciable discharges of polluting matters to waters — to the appropriate Regional Fisheries Board,

( g ) where it appears to the local authority that the proposed development might have significant effects on public health — to the appropriate Health Board,

( h ) where it appears to the local authority that the proposed development might have significant effects in relation to nature conservation — to the Commissioners of Public Works in Ireland.