Local Government (Planning and Development) Act 1999

1 Interpretation.

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

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

“architectural conservation area” means a place, area, group of structures or townscape, taking account of building lines and heights, which—

(a) is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, or

(b) contributes to the appreciation of protected structures;

“attendant grounds”, in relation to a structure, includes land lying outside the curtilage of the structure;

“endangered” means exposed to harm, decay or damage, whether immediately or over a period of time, through neglect or through direct or indirect means;

“occupier”, in relation to a protected structure or a proposed protected structure, means—

(a) any person in or entitled to immediate use or enjoyment of the structure,

(b) any person entitled to occupy the structure, and

(c) any other person having, for the time being, control of the structure;

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

“proposed protected structure” means a structure in respect of which a notice is issued under section 6 of this Act or under Part III of the Principal Act proposing to add the structure, or a specified part of it, to a record of protected structures, and, where that notice so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;

“protected structure” means—

(a) a structure, or

(b) a specified part of a structure,

which is included in a record of protected structures, and, where that record so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;

“protection”, in relation to a structure or part of a structure, includes conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part;

“record of protected structures” means the record included under section 2 in a development plan;

“registering authority” means a registering authority within the meaning of the Registration of Title Act, 1964;

“structure” has the same meaning as in the Principal Act but includes—

(a) the interior of the structure,

(b) the land lying within the curtilage of the structure,

(c) any other structures lying within that curtilage and their interiors, and

(d) all fixtures and features which form part of the interior or exterior of any structure or structures referred to in paragraph (a) or (c);

“vesting order” means an order made under section 25.

(2) For the purposes of this Act, the definition of “works” in section 2 of the Principal Act includes any act or operation involving the application or removal of plaster, paint, wallpaper, tiles, or other material to or from the surfaces of the interior or exterior of a structure.

(3) In this Act—

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

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

(c) a reference to an enactment is to that enactment as amended at any time by any enactment, including this Act.

2 Record of protected structures.

2.—(1) For the purpose of protecting structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, every development plan shall include a record of protected structures and shall include in that record every structure which is in the opinion of the planning authority of such interest within its functional area.

(2) After consulting with the Minister for Arts, Heritage, Gaeltacht and the Islands, the Minister shall prescribe the form of a record of protected structures.

(3) Subject to any additions or deletions made to the record either under this Act or in the course of a review of the development plan under Part III of the Principal Act, a record of protected structures shall continue to be part of that plan or any variation or replacement of the plan.

(4) Subject to this Act, Part III of the Principal Act shall apply to a record of protected structures.

3 Guidelines for planning authorities.

3.—(1) The Minister for Arts, Heritage, Gaeltacht and the Islands shall, after consulting with the Minister, issue guidelines to planning authorities concerning development objectives—

(a) for protecting structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, and

(b) for preserving the character of architectural conservation areas,

and any such guidelines shall include the criteria to be applied when selecting proposed protected structures for inclusion in the record of protected structures.

(2) The Minister for Arts, Heritage, Gaeltacht and the Islands may, after consulting with the authorities of any religious denominations which he or she considers necessary, issue guidelines to planning authorities concerning—

(a) the issue of declarations under section 8 in respect of protected structures which are regularly used as places of public worship, and

(b) the consideration by planning authorities of applications for development affecting the interior of such protected structures.

(3) In considering development objectives, a planning authority shall have regard to any guidelines issued under this section.

(4) In this section “development objective” means an objective which, under section 19 of the Principal Act, a planning authority proposes to include in its development plan.

4 Recommendations to planning authorities concerning specific structures.

4.—(1) The Minister for Arts, Heritage, Gaeltacht and the Islands may, in writing, make recommendations to a planning authority concerning the inclusion in its record of protected structures of any or all of the following:

(a) particular structures;

(b) specific parts of particular structures;

(c) specific features within the attendant grounds of particular structures.

(2) A planning authority shall have regard to any recommendations made to it under this section.

(3) A planning authority which, after considering a recommendation made to it under this section, decides not to comply with the recommendation shall inform the Minister for Arts, Heritage, Gaeltacht and the Islands in writing of the reason for its decision.

5 Additions to and deletions from record of protected structures.

5.—(1) A planning authority may add to or delete from its record of protected structures a structure, a specified part of a structure or a specified feature of the attendant grounds of a structure, where—

(a) the authority considers that—

(i) in the case of an addition, the addition is necessary or desirable in order to protect a structure, or part of a structure, of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, whether or not a recommendation has been made under section 4, or

(ii) in the case of a deletion, the protection of the structure or part is no longer warranted,

and

(b) the addition or deletion is made in accordance with a review of a development plan under Part III of the Principal Act or in accordance with section 6 or 38 of this Act.

(2) The making of an addition to, or a deletion from, a record of protected structures shall be a reserved function.

6 Procedure for making additions or deletions.

6.—(1) A planning authority which proposes, at any time other than in the course of reviewing its development plan under Part III of the Principal Act, to make an addition to or a deletion from its record of protected structures shall—

(a) serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion, including the particulars,

(b) send particulars of the proposed addition or deletion to the Minister for Arts, Heritage, Gaeltacht and the Islands and to any other prescribed bodies, and

(c) cause notice of the proposed addition or deletion to be published in the Iris Oifigiúil and in atleast one newspaper circulating in the area.

(2) A notice under subsection (1) (a) or (c) shall state the following:

(a) that particulars of the proposed addition or deletion may be inspected at a specified place during a specified period of not less than one month;

(b) that, within 14 days from the end of the period for inspection, any person may make written objections or representations with respect to the proposed addition or deletion to the planning authority;

(c) that any person making an objection or representation under paragraph (b) may include in the objection or representation a request to be afforded an opportunity to state his or her case before a person or persons appointed by the planning authority;

(d) whether or not the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands;

(e) that, if the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward to that Minister for his or her observations a copy of any objection or representation made under paragraph (b).

(3) Before making the proposed addition or deletion, the planning authority shall—

(a) consider any written objections or representations received under subsection (2) (b),

(b) comply with any request made under subsection (2) (c), and

(c) have regard to any observations received from the Minister for Arts, Heritage, Gaeltacht and the Islands concerning those objections or representations within one month after the receipt by that Minister of a copy of the objections or representations.

(4) Within 3 months after the end of the period allowed under subsection (2) (a) for inspection, the planning authority shall decide whether or not the proposed addition or delection should be made

(5) Within 14 days after making an addition to or a deletion from the record of protected structures, a planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.

7 Registration under the Registration of Title Act, 1964.

7.—Where a structure, a specified part of a structure or a specified feature within the attendant grounds of a structure is included in the record of protected structures, its inclusion may be registered under the Registration of Title Act, 1964, in the appropriate register maintained under that Act as a burden affecting registered land (within the meaning of that Act).

8 Works affecting the character of protected structures or proposed protected structures.

8.—(1) Notwithstanding section 4(1)(g) of the Principal Act, the carrying out of works to a protected structure, or a proposed protected structure, shall be exempted development for the purposes of the Principal Act only if those works would not materially affect the character of—

(a) the structure, or

(b) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.

(2) An owner or occupier of a protected structure may make a written request to the planning authority within whose functional area that structure is situated to issue a declaration as to the type of works which it considers would or would not materially affect the character of the structure or of any element referred to in subsection (1)(b) of that structure.

(3) Within 3 months after receiving a request under subsection (2) or within such other period as may be prescribed, a planning authority shall issue a declaration under this section to the person who made the request.

(4) Before issuing a declaration under this section, a planning authority shall have regard to—

(a) any guidelines issued under section 3, and

(b) any recommendations made to the authority under section 4.

(5) If the declaration relates to a protected structure which is regularly used as a place of public worship, the planning authority—

(a) in addition to having regard to the guidelines and recommendations referred to in subsection (4), shall respect liturgical requirements, and

(b) for the purpose of ascertaining those requirements shall—

(i) comply with any guidelines concerning consultation which may be issued by the Minister for Arts, Heritage, Gaeltacht and the Islands, or

(ii) if no such guidelines are issued, consult with such person or body as the planning authority considers appropriate.

(6) When considering an application for permission or approval for the development of land under Part IV of the Principal Act which—

(a) relates to the interior of protected structure, and

(b) is regularly used as a place of public worship,

the planning authority, and the Board on appeal, shall, in addition to any other requirements of the Local Government (Planning and Development) Acts, 1963 to 1998, respect liturgical requirements.

(7) A planning authority may at any time review a declaration issued under this section but the review shall not affect any works carried out in reliance on the declaration prior to the review.

(8) A planning authority shall cause—

(a) the details of any declaration issued by that authority under this section to be entered on the register kept by the authority under section 8 of the Principal Act, and

(b) a copy of the declaration to be made available for inspection by members of the public during office hours at the office of the authority following the issue of the declaration.

(9) A declaration under this section shall not prejudice the application of section 5 of the Principal Act to any question that arises as to what in a particular case is or is not exempted development.

(10) (a) For the avoidance of doubt, it is hereby declared that, in considering any application for permission or approval in relation to a protected structure, a planning authority, or the Board on appeal, shall have regard to the protected status of that structure.

(b) A planning authority, or the Board on appeal, shall not grant permission for the demolition of a protected structure save in exceptional circumstances.

9 Duty of owners and occupiers to protect structures from endangerment.

9.(1) Each owner and each occupier shall, to the extent consistent with the rights and obligations arising out of their respective interests in a protected structure or a proposed protected structure, ensure that the structure, or any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, is not endangered.

(2) The duty imposed by subsection (1) in relation to a proposed protected structure arises at the time the owner or occupier is notified under section 6 of this Act or under Part III of the Principal Act of the proposal to add the structure to the record of protected structures.

(3) Neither of the following shall be considered to be a breach of the duty imposed on each owner and each occupier under this section:

(a) development in respect of which permission under section 26 of the Principal Act has been granted;

(b) development consisting only of works of a type which, in a declaration issued under section 8(3) of this Act to that owner or occupier, a planning authority has declared would not materially affect the character of the protected structure or any element referred to in subsection (1) of this section of that structure.

(4) Any person who, without lawful authority, causes damage to a protected structure or a proposed protected structure shall be guilty of an offence.

(5) Without prejudice to any other defence that may be available, it shall be a good defence in any proceedings for an offence under subsection (4) to prove that the damage to the structure resulted from works which were—

(a) urgently required in order to secure the preservation of the structure or any part of it,

(b) undertaken in good faith solely for the purpose of temporarily safeguarding the structure, and

(c) unlikely to permanently alter the structure or any element of it referred to in subsection (1).

10 Power to require works to be carried out in relation to endangerment of protected structures.

10.—(1) Where, in the opinion of the planning authority, it is necessary to do so in order to prevent a protected structure situated within its functional area from becoming or continuing to be endangered, the authority shall serve on each person who is the owner or occupier of the protected structure a notice—

(a) specifying the works which the planning authority considers necessary in order to prevent the protected structure from becoming or continuing to be endangered, and

(b) requiring the person on whom the notice is being served to carry out those works within a specified period of not less than 2 months from the date the notice comes into effect under section 13.

(2) After serving notice under subsection (1) on a person, a planning authority may—

(a) at its discretion, assist the person in carrying out the works required under the notice, and

(b) provide such assistance in any form it considers appropriate, including advice, financial aid, materials, equipment and the services of the authority's staff.

(3) Any person on whom a notice under subsection (1) has been served may, within one month from the date of service of the notice, make written representations to the planning authority concerning—

(a) the terms of the notice,

(b) the provision of assistance under subsection (2), and

(c) any other material considerations.