Legalize / Ireland / Statutory Instrument

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

Type Statutory Instrument

Publication 1994-04-14

Last updated 2001-12-23

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 173

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

21 amending acts · 2001-12-23, TRANSPORT (RAILWAY INFRASTRUCTURE) ACT, 2001

Reform history JSON API


Column 1 Description of Development	Column 2 Conditions and Limitations
CLASS 1
Advertisements (other than those specified in classes 2, 3 or 5 of this Part of this Schedule) exhibited on business premises, wholly with reference to all or any of the following matters: the business or other activity carried on or the goods or services provided on those premises.	1. The total area of such advertisements exhibited on or attached or affixed to the front of any building on the premises shall not exceed an area equal to 0.3 square metres for every metre length of such front, less the total area of any such advertisements exhibited on the premises but not exhibited on or attached or affixed to a building, and in any event shall not exceed 5 square metres.
	2. The total area of such advertisements exhibited on or attached or affixed to any face of a building on the premises other than the front thereof shall not exceed 1.2 square metres and the total area of any such advertisements on such face which are illuminated shall not exceed 0.3 square metres.
	3. The total area of such advertisements which are not exhibited on or attached or affixed to a building on the premises shall not exceed 3 square metres, of which not more than 1.5 square metres shall consist of advertisements which are illuminated.
	4. (a) No part of any such advertisement which is not exhibited on or attached or affixed to a building on the premises, or of an advertisement structure on which it is exhibited, shall be more than 2.5 metres in height.
	(b) No part of any such advertisement which is exhibited on or attached or affixed to a building on the premises shall be more than 4 metres in height above ground level.
	5. Where any such advertisement projects more than 5 centimetres over any public road, the sign or other advertisement structure on which it is exhibited shall not be less than 2 metres above the level of such road and shall not project more than 1 metre over such road.
	6. Where any such advertisement consists of a circular sign and projects more than 5 centimetres over any public road, the diameter of such sign shall not exceed 1 metre and no other such advertisement shall be exhibited on a sign or other advertisement structure projecting more than 5 centimetres over such road.
	7. Where any one or more such advertisements are exhibited on a swinging or fixed sign or other advertisement structure (other than a circular sign) projecting more than 5 centimetres from any external face of a building, the total area of such advertisements shall not exceed 1.2 square metres and the area of any face of any such advertisement shall not exceed 0.4 square metres.
	8. No such advertisement shall contain or consist of any symbol, emblem, model, logo or device exceeding 0.6 metres in height or any letter exceeding 0.3 metres in height.
	9. No such advertisement shall cover any part of any window or door of any building on which the advertisement is exhibited or to which it is attached or affixed.
CLASS 2
Illuminated advertisements exhibited as part of any shop or other window display on business premises and other advertisements affixed to the inside of the glass surface of a window of a business premises or otherwise exhibited through a window of such premises.	The total area of any advertisements so exhibited shall not exceed one quarter of the area of the window through which the advertisements are exhibited.
CLASS 3
Advertisements displayed within a business premises and which are not visible from outside the premises.
CLASS 4
An advertisement in the form of a flag which is attached to a single flagstaff fixed in an upright position on the roof of a business premises and which bears no inscription or emblem other than the name, device or logo of a person or business occupying the business premises.	Not more than one such advertisement shall be exhibited on a business premises.
CLASS 5
Advertisements, exhibited at the entrance to any premises, relating to any person, partnership or company carrying on a public service or a profession, business or trade at the premises.	1. No such advertisement shall exceed 0.3 square metres in area.
2. Not more than one such advertisement, or, in the case of premises with entrances on different road frontages, one such advertisement for each such frontage, shall be exhibited in respect of each such person, partnership or company on the premises.
CLASS 6
Advertisements relating to any institution of a religious, educational, cultural, recreational or medical or similar character, any guesthouse or other premises (other than a hotel) providing overnight guest accommodation or public house, block of flats, club, boarding house or hostel, situate on the land on which any such advertisement is exhibited.	1. Any such advertisement shall not exceed 0.6 square metres in area.
Advertisements relating to any institution of a religious, educational, cultural, recreational or medical or similar character, any guesthouse or other premises (other than a hotel) providing overnight guest accommodation or public house, block of flats, club, boarding house or hostel, situate on the land on which any such advertisement is exhibited.	2. No part of any such advertisement or an advertisement structure on which it is exhibited shall be more than 2.5 metres in height above ground level.
3. Not more than one such advertisement or, in the case of premises with entrances on different road frontages, one such advertisement for each such frontage, shall be exhibited in respect of any such premises.
CLASS 7
Advertisements exhibited on land wholly or for the most part enclosed within a hedge, fence, wall or similar screen or structure (not being land which is a public park, public garden or other land held for the use and enjoyment of the public, or a part of a railway undertaking's enclosed land normally used for the carriage of passengers or goods by rail) and not readily visible from land outside the enclosure wherein it is exhibited.
CLASS 8
Advertisements exhibited within a railway station, bus station, airport terminal or ferry terminal and which are not readily visible from outside the premises.
CLASS 9
Advertisements relating to the sale or letting of any structure or other land (not being an advertisement structure) on which they are exhibited.	1. The area of any such advertisement shall not exceed—
	(a) in the case of an advertisement relating to the sale or letting of a dwelling, 0.6 square metres,
	(b) in the case of an advertisement relating to the sale or letting of any other structure or land, 1.2 square metres.
	2. Not more than one such advertisement shall be exhibited on the structure or other land.
	3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall remain on the structure or land, for more than seven days after the sale or letting to which the advertisement relates.
CLASS 10
Advertisements relating to the sale on or before a date specified therein of goods or livestock, and exhibited on land where such goods or livestock are situate or where such sale is held, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of holding sales of goods or livestock.	1. No such advertisement shall exceed 0.6 square metres in area.
Advertisements relating to the sale on or before a date specified therein of goods or livestock, and exhibited on land where such goods or livestock are situate or where such sale is held, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of holding sales of goods or livestock.	2. Not more than one such advertisement shall be exhibited on the land concerned.
3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall remain on the land, for more than seven days after the date specified.
CLASS 11
Advertisements relating to the carrying out of building or similar works on the land on which they are exhibited, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of carrying out such works.	1. Where only one advertisement is exhibited, such advertisement shall not exceed 3.5 square metres in area and shall not be exhibited more than 6 metres above ground level.
	2. Where more than one advertisement is exhibited, no such advertisement shall exceed 0.6 square metres in area, the total area of such advertisements shall not exceed 3.5 square metres and no such advertisement shall be exhibited more than 4 metres above ground level.
	3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall remain on the land, for more than seven days after the completion of the works.
CLASS 12
Advertisements for the purposes of announcement or direction or warning exhibited by a statutory undertaker in relation to the operation of the statutory undertaking.
CLASS 13
Advertisements for the purposes of identification, direction or warning with respect to the land or structures on which they are exhibited.	No such advertisement shall exceed 0.3 square metres in area.
CLASS 14
Advertisements relating to an election to the office of President of Ireland, an election of members of Dáil Éireann, the Parliament of the European Communities, a local authority or Údarás na Gaeltachta, or a referendum within the meaning of the Referendum Act, 1942.	No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall be left in place, for more than seven days after the date of the election or referendum to which the advertisement relates.
CLASS 15
Advertisements required to be exhibited by or under any enactment, including (but without prejudice to the generality hereof) advertisements the exhibition of which is so required as a condition of the valid exercise of any power, or proper performance of any function, given or imposed by such enactment, or for compliance with any procedure prescribed by or under any enactment.
CLASS 16
Advertisements other than advertisements specified in class 17 of this Part of this Schedule, announcing any local event of a religious, cultural, educational, political, social, recreational or sporting character, and advertisements relating to any temporary matter in connection with any local event of such a character, not in either case being an event promoted or carried on for commercial purposes.	1. No such advertisement shall exceed 1.2 square metres in area.
Advertisements other than advertisements specified in class 17 of this Part of this Schedule, announcing any local event of a religious, cultural, educational, political, social, recreational or sporting character, and advertisements relating to any temporary matter in connection with any local event of such a character, not in either case being an event promoted or carried on for commercial purposes.	2. No such advertisement shall be exhibited more than 2.5 metres above ground level or be glued, pasted or otherwise affixed to any structure other than an advertisement structure.
3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall be left in place, for more than seven days after the conclusion of the event or matter to which it relates.
CLASS 17
Advertisements consisting of placards, posters or bills relating to the visit of any travelling circus, funfair, carnival, show, musicians, players or other travelling entertainment.	1. No such advertisement shall exceed 1.2 square metres in area.
2. No such advertisement shall be exhibited more than 2.5 metres above ground level or be glued, pasted or otherwise affixed to any structure other than an advertisement structure.
	3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall be left in place, for more than seven days after the last performance or closing of the entertainment.
CLASS 18
An advertisement relating to any demonstration of agricultural methods or processes on the land on which the advertisement is exhibited.	1. No such advertisement shall exceed 0.6 square metres in area.
2. Not more than one such advertisement shall be exhibited on the land concerned.
	3. No such advertisement shall be exhibited, and no advertisement structure erected for the purpose of exhibiting such advertisement shall remain on the land, for more than seven days after the date of the demonstration to which it relates.

PART III Exempted Development — Rural

PART IV Classes of Use

CLASS 1

Use as a shop.

CLASS 2

Use for the provision of —

( a ) financial services;

( b ) professional services (other than health or medical services);

( c ) any other services (including use as a betting office);

where the services are provided principally to visiting members of the public.

CLASS 3

Use as an office, other than a use to which class 2 of this Part of this Schedule applies.

CLASS 4

Use as a light industrial building.

CLASS 5

Use as a wholesale warehouse or as a repository.

CLASS 6

Use as a residential club, a guest house or a hostel (other than a hostel where care is provided).

CLASS 7

Use—

( a ) for public worship or religious instruction;

( b ) for the social or recreational activities of a religious body;

( c ) as a monastery or convent.

CLASS 8

Use—

( a ) as a health centre or clinic or for the provision of any medical or health services (but not the use of the dwellinghouse of a consultant or practitioner, or any building attached to the dwellinghouse or within the curtilage thereof, for that purpose);

( b ) as a creche;

( c ) as a day nursery;

( d ) as a day centre.

CLASS 9

Use—

( a ) for the provision of residential accommodation and care to people in need of care (but not the use of a dwellinghouse for that purpose);

( b ) as a hospital or nursing home;

( c ) as a residential school, residential college or residential training centre.

CLASS 10

Use as—

( a ) an art gallery (but not for the sale or hire of works of art);

( b ) a museum;

( c ) a public library or public reading room;

( d ) a public hall;

( e ) an exhibition hall;

( f ) a social centre, community centre or non-residential club;

but not as a dance hall or concert hall.

CLASS 11

Use as—

( a ) a theatre;

( b ) a cinema;

( c ) a concert hall;

( d ) a bingo hall;

( e ) a skating rink or gymnasium or for other indoor sports or recreation not involving the use of motorised vehicles or firearms.

THIRD SCHEDULE

PRESCRIBED FORMS

FORM NO. I

Article 38

Notice of proposed material contravention of development plan or special amenity area order.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1993

MATERIAL CONTRAVENTION


^1	[image omitted]	OF DEVELOPMENT PLAN FOR
	[image omitted]	............................................................ ............................................................ ....................................^2
	[image omitted]	OF ^2SPECIAL AMENITY AREA ORDER MADE ON
	............................................................ ............................................................ .......................................
		Ref. No. in register.............................................

Notice is hereby given pursuant to section 26 (3) of the Local Government (Planning and Development) Act, 1963 , as amended by section 39 (d) of the Local Government (Planning and Development) Act, 1976 and section 45 of the Local Government Act, 1991 , that...................................... ^3 intend to consider deciding to grant a permission for ............................................................ ............................................................ ......................................... ^4

at ............................................................ ............................................................ ................................... ^5

Such development/retention^1 would contravene materially the development plan/special amenity area order ^1 referred to above. Particulars of the development/retention^1 may be inspected at ..................... ^6 during office hours. Any objections or representations received not later than 21 days after the ............................... day of ............................... ^7 will be duly considered by the planning authority.


Signed ...................................................... County Secretary/Town Clerk^1
Date ............................................................ ............................................................ ........................................

Directions for completing this form

Omit words which do not apply.

Insert title of development plan or special amenity area order (as appropriate).

Insert name of planning authority.

Indicate nature of development.

Indicate location of land or structure concerned.

Insert address of office of planning authority.

Insert date of first publication of notice.

FORM NO. 2

Article 165

Form of Vesting Order

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976

SECTION 25 (as amended)

............................................ (insert name of planning authority).

VESTING ORDER

WHEREAS development is being/has been^1 carried out pursuant to a permission granted on .................................... under section 26 (as amended) of the Local Government (Planning and Development) Act, 1963 (Reference No. in Register ............................................................ .... );


^2	[image omitted]	AND WHEREAS a condition requiring the provision or maintenance of land as open space, being open space to which section 25 (as amended) of the Local Government (Planning and Development) Act, 1976 (hereinafter called "the Act") applies, was attached to the permission;
	AND WHEREAS it was implicit/explicit^1 in the application for the permission that land would be provided or maintained as open space, being open space to which section 25 (as amended) of the Local Government (Planning and Development) Act, 1976 (hereinafter called "the Act") applies;

AND WHEREAS on the .......................... day of ......................, 19........, the ........................... ^3 (hereinafter referred to as "the planning authority") served on the owner of the land a written request that within a period of............................ commencing on that day he would provide, level, plant or otherwise adapt or maintain the said land in a manner specified in the request, being a manner which in the opinion of the planning authority would make it suitable for the purpose for which the open space was to be provided;

AND WHEREAS the owner has failed to comply or to secure compliance with such request within such period;

AND WHEREAS the planning authority have, in accordance with section 25 (1) of the Act, published an acquisition notice in relation to the said land and have, in accordance with section 25(2) of the Act, served a copy of the notice on the owner of the land within ten days of the date of publication of the said notice;


^2	[image omitted]	AND WHEREAS no appeal has been taken under section 25 (3) of the Act;
	[image omitted]	AND WHEREAS an appeal has been taken under section 25 (3) of the Act and the appeal has been withdrawn;
	AND WHEREAS an appeal has been taken under section 25 (3) of the Act and the said acquisition notice has been confirmed in relation to the land described in the Schedule hereto;

NOW THEREFORE, the planning authority, in exercise of the powers conferred on them by section 25 (5) of the Act, hereby order that the land described in the Schedule hereto, being the land to which the said acquisition notice (as confirmed)^1 relates, and which is shown on the map attached hereto which said map has been marked ......................................................... ^4 and sealed with the seal of the planning authority, shall, on the ........................... day of .................., 19............., ^5 vest in the planning authority for all the estate, term or interest for which immediately before the date of this order the said land was held by the owner together with all rights and liabilities which, immediately before the said date, were enjoyed or incurred in connection therewith by the owner together with an obligation to comply with the request made under section 25 (1) (c) of the Act.

SCHEDULE Description of land^6

The official seal of the planning authority was affixed hereto this ............. day of ......................, 19.........., in the presence of:


.............................. ^7	................................ ^7
.............................. ^7

Directions for completing this form.

Delete words which do not apply.

Delete recitals which do not apply.

Insert full description of planning authority.

The map should be sealed and marked by a heading containing a reference to the order e.g. "Map referred to in order made under section 25 (as amended) of the Local Government (Planning and Development) Act, 1976 , on the ...................... day of .............., 19 ......, by ..........................".

The vesting date can be the date of the order or any subsequent date.

The quantity, description and situation of the land should be set out, with an appropriate reference to the manner in which the land is shown on the map.

The description of the persons in whose presence the seal is affixed should be stated e.g. "Lord Mayor", "Mayor", "Chairman", "Nominated Member", "City Manager and Town Clerk", "Manager", etc.

FORM NO. 3

Article 167

Declaration to the Board of estate or interest

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976

SECTION 32

I, ...................................., hereby give to An Bord Pleanála the following declaration of interests in compliance with the requirements of section 32 of the Local Government (Planning and Development) Act, 1976 :


(a) Particulars* of any estate or interest which I have in any land:—	(a) Particulars* of any estate or interest which I have in any land:—
	............................................................ ............................................................ ..................
	............................................................ ............................................................ ..................
(b) Particulars of any business of dealing in or developing land in which I am engaged or employed and of any such business carried on by a company or other body of which I am, any nominee of mine is, a member:—	(b) Particulars of any business of dealing in or developing land in which I am engaged or employed and of any such business carried on by a company or other body of which I am, any nominee of mine is, a member:—
	............................................................ ............................................................ ..................
	............................................................ ............................................................ ..................
(c) Particulars of any profession, business or occupation in which I am engaged, whether on my own behalf or otherwise, and which relates to dealing in or developing land:—	(c) Particulars of any profession, business or occupation in which I am engaged, whether on my own behalf or otherwise, and which relates to dealing in or developing land:—
	............................................................ ............................................................ ..................
	............................................................ ............................................................ ..................

I hereby declare that the foregoing is a true and complete declaration of every interest of mine which is an interest to which section 32 of the Local Government (Planning and Development) Act, 1976 applies.


	Signature ............................................................ ...................
	Date ............................................................ ...........................

Including the area of the planning authority in which the land is situate.

FORM NO. 4

Article 167

Declaration to a planning authority of estate or interest1

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1976

SECTION 32

I, ............................................................ .. , hereby give to the planning authority,


*	[image omitted]	of which I am a member,
	under which I hold the office of ............................................................ ..........................,

the following declaration of interests in compliance with the requirements of section 32 of the Local Government (Planning and Development) Act, 1976 :


(a) Particulars of any estate or interest which I have in land situated in the area of the planning authority:—	(a) Particulars of any estate or interest which I have in land situated in the area of the planning authority:—
	............................................................ ............................................................ ..................
	............................................................ ............................................................ ..................
(b) Particulars of any business of dealing in or developing land in which I am engaged or employed and of any such business carried on by a company or other body of which I am, or any nominee of mine is, a member:—	(b) Particulars of any business of dealing in or developing land in which I am engaged or employed and of any such business carried on by a company or other body of which I am, or any nominee of mine is, a member:—
	............................................................ ............................................................ .................
	............................................................ ............................................................ .................
(c) Particulars of any profession, business or occupation in which I am engaged, whether on my own behalf or otherwise, and which relates to dealing in or developing land:—	(c) Particulars of any profession, business or occupation in which I am engaged, whether on my own behalf or otherwise, and which relates to dealing in or developing land:—
	............................................................ ............................................................ ..................
	............................................................ ............................................................ ..................

I hereby declare that the following is a true and complete declaration of every interest of mine which is an interest to which section 32 of the Local Government (Planning and Development) Act, 1976 applies.


	Signature ............................................................ ...................
	Date ............................................................ ...........................

*Delete words which do not apply.

FOURTH SCHEDULE

FEES FOR PLANNING APPLICATIONS

SECTION I

Interpretation

For the purposes of this Schedule, a dwelling, building or other structure or thing may be provided by—

( a ) the carrying out of works,

( b ) the making of a material change in the use of a structure,

( c ) the retention on land of a structure already constructed, erected or made, or

( d ) the continuance of a use of any structure,

and "provision" shall be construed accordingly.

( a ) Subject to paragraph (b), at references 7, 8, 13 and 14 of column 1 of Section II of this Schedule "use of land" shall include the continuance of a use of land, and the carrying out of works, or the retention of structures, on, in or under the land which are incidental to the use.

( b ) At reference 13 of column 1 of Section II of this Schedule "use of land" shall not include the carrying out of works for the provision of a club house or related facilities for persons using the golf course or pitch and putt course, or the retention of any such structures.

SECTION II

Scale of Fees for Planning Applications


Column 1 Class of Development	Column 2 Amount of Fee
1. The provision of dwellings.	£42 for each dwelling.
2. (a) Any works for the carrying out of maintenance, improvement or other alteration of an existing dwelling (including any works for the provision of an extension or the conversion for use as part of the dwelling of any garage, store, shed or other structure).	£21
(b) Any other works, including the erection of structures, within the curtilage of an existing dwelling, for purposes ancillary to the enjoyment of the dwelling as such.	£21
(c) The erection, construction or alteration within or bounding the curtilage of an existing dwelling of gates, railings, fences, walls, or other means of enclosure.	£21
3. The provision of buildings or other structures for the purposes of agriculture.	(i) In the case of buildings, £52, or £0.65 for each square metre of gross floor space to be provided in excess of 300 square metres, whichever is the greater,
	(ii) in the case of any other structures, £52,
	and subject to a maximum of £195.
4. The provision of buildings or other structures for the purposes of the keeping of horses (other than horses kept for use in the farming of land), ponies or greyhounds.	(i) In the case of buildings, £52, or £0.65 for each square metre of gross floor space to be provided in excess of 100 square metres, whichever is the greater,
x	(ii) in the case of any other structures, £52,
	and subject to a maximum of £195.
5. The provision of buildings other than buildings coming within class 1, 2, 3 or 4.	£52, or £2.30 for each square metre of gross floor space to be provided, whichever is the greater.
6. (a) The use of uncultivated land or semi-natural areas for intensive agricultural purposes, where the area involved would be greater than 100 hectares.	£195
(b) Initial afforestation, where the area involved would be greater than 200 hectares.	£3.25 for each hectare of site area.
(c) The replacement of broadleaf high forest by conifer species, where the area involved would be greater than 10 hectares.	£52, or £3.25 for each hectare of site area, whichever is the greater.
(d) Peat extraction which would involve a new or extended area of 50 hectares or more.	£3.25 for each hectare of site area.
7. The use of land for—	£325, or £32.50 for each 0.1 hectare of site area, whichever is the greater.
(a) the winning and working of minerals,
(b) the deposit of refuse or waste.
8. The use of land for—	£52, or £32.50 for each 0.1 hectare of site area, whichever is the greater.
(a) the keeping or placing of any tents, caravans or other structures (whether or not movable or collapsible) for the purpose of caravanning or camping or the sale of goods,
(b) the parking of vehicles,
(c) the open storage of vehicles or other objects or substances.
9. The provision on, in or under land of plant or machinery, or of tanks or other structures (other than buildings) for storage purposes.	£130, or £32.50 for each 0.1 hectare of site area, whichever is the greater.
10. The provision of a petrol filling station.	£130.
11. The provision of an advertisement structure or the use of an existing structure or other land for the exhibition of advertisements.	£52, or £13 for each square metre, or part thereof, of advertising space to be provided, whichever is the greater.
12. The provision of overhead transmission or distribution lines for conducting electricity, or overhead telecommunications lines.	£52, or £32.50 per 1,000 metres length, or part thereof, whichever is the greater.
13. The use of land as a golf course or a pitch and putt course.	£32.50 for each hectare of site area.
14. The use of land as a burial ground.	£130, or £32.50 for each hectare of site area, whichever is the greater.
15. Development not coming within any of the foregoing classes.	£52, or £6.50 for each 0.1 hectare of site area, whichever is the greater.

SECTION III

Maximum and minimum fees for planning applications

The maximum fee payable to a planning authority by an applicant in respect of an outline application shall be £7,500.

The maximum fee payable to a planning authority by an applicant in respect of an application to which article 93 applies shall be £2,500.

The maximum fee payable to a planning authority by an applicant in respect of an application to which article 91 applies shall be £15,000.

The maximum fee payable to a planning authority by an applicant in respect of any planning application other than an application mentioned in paragraph 1, 2 or 3 shall be £10,000.

The minimum fee payable to a planning authority by an applicant in respect of a planning application shall be £21 and in any case where the planning authority make a refund in respect of a planning application the refund shall not be such as to reduce the balance of the fee to less than £21.

FIFTH SCHEDULE

FEES PAYABLE TO THE BOARD


Column 1	Column 2 Amount of Fee
(a) Appeal against a decision of a planning authority on a planning application relating to commercial development, made by the person by whom the planning application was made	£200
(b) Appeal other than an appeal mentioned at (a)	£100
(c) Reference	£100
(d) Request for a determination	£100
(e) Reduced fee	£50
(f) Submissions or observations	£30
(g) Request for an oral hearing	£50

SIXTH SCHEDULE

MISCELLANEOUS FEES


Column 1	Column 2 Amount of Fee
Application under section 4 of Act of 1982	£40
Copy of an entry in the register	£6.50

SEVENTH SCHEDULE

LICENCE FEES UNDER SECTION 89 OF ACT OF 1963 IN RESPECT OF SPECIFIED APPLIANCES AND STRUCTURES


Column 1 Appliance or Structure	Column 2 Licence Fee
Part 1
Appliances and structures for servicing vehicles:
(a) A petrol or oil pump (including any delivery hose, air pipe, waterpipe or other attachment).	£40
(b) A movable pump or other appliance for dispensing any oil or oil derivative or mixture thereof.	£20
(c) A delivery pipe or hose attached to a petrol or oil pump which is not on a public road.	£20
(d) A petrol, oil or other storage tank (whether sub-divided or not) together with any associated manhole, inlet, outlet or pipe for connection with a pump.	£4 for each 5,000 litres capacity or part thereof
(e) A pipe or an appliance with a pipe attachment for dispensing air or water not being a pipe or appliance attached to a petrol or oil pump for which a fee is prescribed under paragraph (a) above.	£5
Part II
Other appliances and structures:
(a) A vending machine or other coin operated machine (not being a weighing machine) which is on a public road.	£40
(b) An appliance of any type referred to in Part I of this Schedule which is not used for servicing vehicles.	£20
(c) A case, rack, shelf or other appliance or structure for displaying articles for the purpose of advertisement or sale in or in connection with any adjacent business premises.	£20
(d) An advertisement consisting of any symbol, emblem, model, device or logo which is on a public road.	£20
(e) An advertisement structure which is on a public road.	£20
(f) A hoarding, fence or scaffold (not being a hoarding, fence or scaffold bounding a public road).	£20
(g) A town or landscape map on a public road.	£5
(h) A weighing machine on a public road.	£5
(i) A cable, wire or pipeline (not being a cable for conducting electricity for domestic or agricultural purposes or a drain or waterpipe).	£10 per 800 metres length or part thereof.
(j) Tables and chairs outside a hotel, restaurant or public house.	£40
Part III
(a) A bridge, arch, tunnel, passage or other similar structure used or intended for use other than by the public and constructed on or after the 1st day of October, 1964.	£20
(b) A cellar or other underground structure constructed on or after the 1st day of October, 1964.	£20
(c) A lamp-post.	£10
(d) A cable for conducting electricity for domestic or agricultural purposes.	£10
(e) A cabinet used as part of a wired broadcast relay system by a person licensed under the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974.	£10

GIVEN under the Official Seal of the Minister for the Environment this 14th day of April, 1994.

MICHAEL SMITH,

Minister for the Environment.

The Minister for Finance hereby consents to Part VII of these Regulations.

GIVEN under the Official Seal of the Minister for Finance this 14th day of April, 1994.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations replace all existing Regulations under the Local Government (Planning and Development) Acts, 1963 to 1993. The Regulations revoked by these Regulations are listed in the First Schedule.

All Parts of these Regulations, other than Parts X and XIII, correspond, subject to additions, omissions and amendments, to provisions of the Regulations revoked. Part X establishes a new procedure of public notice and consultation for specified classes of local authority development. Part XIII specifies certain classes of development by State authorities for the purposes of section 2 (1) (a) of the Local Government (Planning and Development) Act, 1993 , and the provisions of the Local Government (Planning and Development) Acts will not apply to development so specified. Part XIII also establishes a procedure of public notice and consultation for certain of the classes of development specified for the purposes of section 2 (1) (a) of the 1993 Act.

Parts X and XIII, and article 9 (1) (a) in respect of certain classes of exempted development, will come into operation on 15 June, 1994. All of the other provisions of the Regulations come into operation with effect from 16 May, 1994.

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