PLANNING AND DEVELOPMENT ACT, 2000

• (6) The members of a planning authority, having considered the proposed order and any submissions or observations made in respect of it, may, as they consider appropriate, by resolution, make the order, with or without modifications, or refuse to make the order.

• (7) Where a planning authority wishes to amend or revoke an order made under this section, the planning authority shall give notice of its intention to amend or revoke the order, as the case may be.

• (8) A notice under subsection (7) (which shall include particulars of the proposed amendment or revocation of the order) shall be published in one or more newspapers circulating in the landscape conservation area.

• (9) A notice under subsection (7) shall state that—

• (a) the planning authority proposes to amend or revoke the order, and

• (b) submissions or observations regarding the proposed amendment or revocation of the order may be made to the planning authority within a stated period of not less than 6 weeks, and that the submissions or observations will be taken into consideration by the planning authority.

• (10) The planning authority, having considered the proposed amendment or revocation of the order and any submissions or observations made in respect of it, may by resolution, as it considers appropriate, revoke the order or amend the order, with or without modifications, or refuse to make the order, as the case may be.

• (11) Before making an order under this section, the planning authority shall consult with any State authority where it considers that any order relates to the functions of that State authority.

• (12)
• (a) A planning authority shall give notice of any order made under this section in at least one newspaper circulating in its functional area, and the notice shall give details of any prescribed development which is specified in the order.

• (b) Notice under this subsection shall also be given to the Board and to any other prescribed body which in the opinion of the planning authority has an interest in such notice.

• (13) Where 2 or more planning authorities propose to jointly designate any area or place, which is situated within the combined functional area of the planning authorities concerned, as a landscape conservation area, the functions conferred on a planning authority under this section shall be performed jointly by the planning authorities concerned, and any reference to “planning authority” shall be construed accordingly.

• (14) Particulars of an order under this section shall be entered in the register.

205. Tree preservation orders.

205.—(1) If it appears to the planning authority that it is expedient, in the interests of amenity or the environment, to make provision for the preservation of any tree, trees, group of trees or woodlands, it may, for that purpose and for stated reasons, make an order with respect to any such tree, trees, group of trees or woodlands as may be specified in the order.

• (2) Without prejudice to the generality of subsection (1), an order under this section may—

• (a) prohibit (subject to any conditions or exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of trees, and

• (b) require the owner and occupier of the land affected by the order to enter into an agreement with the planning authority to ensure the proper management of any trees, group of trees or woodlands (including the replanting of trees), subject to the planning authority providing assistance, including financial assistance, towards such management as may be agreed.

• (3)
• (a) Where a planning authority proposes to make an order under this section, it shall—

• (i) serve a notice (which shall include particulars of the proposed order) of its intention to do so on the owner and the occupier of the land affected by the order, and

• (ii) cause notice of the proposed order to be published in one or more newspapers circulating in its functional area.

• (b) A notice under paragraph (a)(i) shall be accompanied by a map indicating the tree, trees, group of trees or woodland to be preserved.

• (4) A notice under subsection (3) shall state that—

• (a) the planning authority proposes to make an order preserving the tree, trees, group of trees or woodlands,

• (b) submissions or observations regarding the proposed order may be made to the planning authority within a stated period of not less than 6 weeks, and that the submissions or observations will be taken into consideration by the planning authority, and

• (c) any person who contravenes an order or, pending the decision of a planning authority, a proposed order under this section, shall be guilty of an offence.

• (5) The planning authority, having considered the proposal and any submissions or observations made in respect of it, may by resolution, as it considers appropriate, make the order, with or without modifications, or refuse to make the order, and any person on whom notice has been served under subsection (3) shall be notified accordingly.

• (6) Where a planning authority intends to amend or revoke an order made under this section, the planning authority shall give notice of its intention to amend or revoke the order, as the case may be.

• (7)
• (a) A notice under subsection (6) (which shall include particulars of the proposed order) shall be—

• (i) served on the owner and the occupier of the land affected by the order, and on any other person on whom a notice was served under subsection (3), and

• (ii) published in one or more newspapers circulating in the functional area of the planning authority.

• (b) A notice under subsection (6) shall be accompanied by a map indicating the tree, trees, group of trees or woodland to be affected by the amendment or revocation of the order.

• (8) A notice under subsection (6) shall state that—

• (a) the planning authority proposes to amend or revoke the order, and

• (b) submissions of observations regarding the proposal may be made to the planning authority within a stated period of not less than 6 weeks, and that the submissions or observations will be taken into consideration by the planning authority.

• (9) The planning authority, having considered the proposal and any submissions or observations made in respect of it, may by resolution, as it considers appropriate, revoke the order or amend the order, with or without modifications, or refuse to make the order, as the case may be, and any person on whom notice has been served under subsection (7) shall be notified accordingly.

• (10) Any person who contravenes an order or, pending the decision of a planning authority, a proposed order under this section, shall be guilty of an offence.

• (11) Without prejudice to any other exemption for which provision may be made by an order under this section, no such order shall apply to the cutting down, topping or lopping of trees which are dying or dead or have become dangerous, or the cutting down, topping or lopping of any trees in compliance with any obligation imposed by or under any enactment or so far as may be necessary for the prevention or abatement of a nuisance or hazard.

• (12) Particulars of an order under this section shall be entered in the register.

206. Creation of public rights of way pursuant to agreement.

206.—(1) A planning authority may enter into an agreement with any person having the necessary power in that behalf for the creation, by dedication by that person, of a public right of way over land.

• (2) An agreement made under this section shall be on such terms as to payment or otherwise as may be specified in the agreement, and may, if it is so agreed, provide for limitations or conditions affecting the public right of way.

• (3) Where an agreement has been made under this section, it shall be the duty of the planning authority to take all necessary steps for securing that the creation of the public right of way is effected in accordance with the agreement.

• (4) Particulars of an agreement made under this section shall be entered in the register.

207. Compulsory powers for creation of public rights of way.

207.—(1) If it appears to the planning authority that there is need for a public right of way over any land, the planning authority may, by resolution, make an order creating a public right of way over the land.

• (2)
• (a) Where a planning authority proposes to make an order under this section, it shall—

• (i) serve a notice (which shall include particulars of the proposed order) of its intention to do so on the owner and the occupier of the land over which the public right of way is proposed to be created and on any other person who in its opinion will be affected by the creation of the public right of way, and

• (ii) cause notice of the proposed order to be published in one or more newspapers circulating in its functional area.

• (b) A notice under paragraph (a)(i) shall be accompanied by a map indicating the public right of way to be created.

• (3) A notice under subsection (2) shall state that—

• (a) the planning authority proposes to make an order creating the public right of way, and

• (b) submissions or observations regarding the proposed order may be made to the planning authority within a stated period of not less than 6 weeks and that the submissions or observations will be taken into consideration by the planning authority.

• (4) The planning authority, having considered the proposal and any submissions or observations made in respect of it, may by resolution, as it considers appropriate, make the order, with or without modifications, or refuse to make the order and any person on whom notice has been served under subsection (2) shall be notified accordingly.

• (5) Any person who has been notified of the making of an order under subsection (4) may appeal to the Board against the order within 4 weeks of being notified under that subsection.

• (6) Where an appeal is brought under this section against an order, the Board may confirm the order with or without modifications or annul the order.

• (7) An order under this section (other than an order which is annulled) shall take effect—

• (a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal, on the expiration of the period for taking an appeal, or

• (b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal, when every appeal not so withdrawn has been either withdrawn or determined.

• (8) Particulars of a right of way created under this section shall be entered in the register.

• (9) Any public right of way created under an enactment repealed by this Act that was in force immediately before the commencement of this section shall be deemed to have been made under this section.

208. Supplemental provisions with respect to public rights of way.

208.—(1) Where a public right of way is created pursuant to this Act, or where a provision in a development plan F1094[or local area plan] in force on the commencement of this section relates to the preservation of a public right of way, the way shall be maintained by the planning authority.

• (2)
• (a) Where a right of way is required by this section to be maintained by the planning authority, a person shall not damage or obstruct the way, or hinder or interfere with the exercise of the right of way.

• (b) A person who contravenes this subsection shall be guilty of an offence.

• (3) Where, in the case of a right of way required by this section to be maintained by the planning authority, the way is damaged or obstructed by any person, the planning authority maintaining the right of way may repair the damage or remove the obstruction, and the expenses incurred by it in the repair or removal shall be paid to them by that person and, in default of being so paid, shall be recoverable from him or her as a simple contract debt in any court of competent jurisdiction.

209. Repair and tidying of advertisement structures and advertisements.

209.—(1) If it appears to a planning authority that, having regard to the interests of public safety or amenity, an advertisement structure or advertisement in its area should be repaired or tidied, the planning authority may serve on the person having control of the structure or advertisement a notice requiring that person to repair or tidy the advertisement structure or advertisement within a specified period.

• (2) If it appears to a planning authority that any advertisement structure or advertisement is derelict, the planning authority may serve on the person having control of the structure or advertisement a notice requiring that person to remove the advertisement structure or advertisement within a specified period.

• (3) If within the period specified in a notice under this section, the advertisement structure or advertisement is not repaired or tidied, or removed, as the case may be, the planning authority may enter on the land on which the structure is situate or the advertisement is exhibited and repair, tidy or remove the structure or advertisement and may recover as a simple contract debt in any court of competent jurisdiction from the person having control of the structure or advertisement any expenses reasonably incurred by it in that behalf.

PART XIV Acquisition of Land, etc.

210. Appropriation of land for local authority purposes.

210.—(1) Where—

• (a) land is vested in a local authority for the purposes of its functions under this or any other enactment, and

• (b) the local authority is satisfied that the land should be made available for the purposes of any of those functions,

the local authority may appropriate the land for those purposes.

• (2) Where land is vested in a local authority by means of compulsory acquisition under any enactment, no claim shall be made for compensation or additional compensation and the acquisition shall not be challenged on account of any appropriation of land in accordance with subsection (1).

211. Disposal of land by local authority.

211.—(1) Any land acquired for the purposes of or appropriated under this Act or any other Act or acquired otherwise, by a local authority, may be sold, leased or exchanged, subject to such conditions as it may consider necessary where it no longer requires the land for any of its functions, or in order to secure—

• (a) the best use of that or other land, and any structures or works which have been, or are to be, constructed, erected, made or carried out on, in or under that or other land, or

• (b) the construction, erection, making or carrying out of any structures or works appearing to it to be needed for the proper planning and sustainable development of its functional area.

• (2) The consent of the Minister shall, subject to subsection (3), be required for any sale, lease or exchange under subsection (1) in case the price or rent, or what is obtained by the local authority on the exchange, is not the best reasonably obtainable, but in any other case, shall not be required notwithstanding the provisions of any other enactment.

• (3) The Minister may by regulations provide for the disposal of land under subsection (1) without the consent of the Minister as required by subsection (2) in such circumstances as may be specified in the regulations and subject to compliance with such conditions (including conditions for the giving of public notice) as may be so specified.

• (4) Capital money arising from the disposal of land under subsection (1) shall be applied for a capital purpose for which capital money may be properly applied F1095[, or for such purposes as may be approved by the Minister whether generally or in relation to specified cases or circumstances].

• (5)
• (a) Where, as respects any land acquired for the purposes of or appropriated under this or any other Act or acquired otherwise by a local authority, the authority considers that it will not require the use of the land for any of its functions for a particular period, the authority may grant a lease of the land for that period or any lesser period and the lease shall be expressed as a lease granted for the purposes of this subsection.

• (b) The Landlord and Tenant Acts, 1967 to 1994, shall not apply in relation to a lease granted under paragraph (a) for the purposes of this subsection.

212. Development by planning authority, etc.

212.—(1) A planning authority may develop or secure or facilitate the development of land and, in particular and without prejudice to the generality of the foregoing, may do one or more of the following:

• (a) secure, facilitate and control the improvement of the frontage of any public road by widening, opening, enlarging or otherwise improving;

• (b) develop any land in the vicinity of any road or public transport facility which it is proposed to improve or construct;

• (c) provide areas with roads, infrastructure facilitating public transport and such services and works as may be needed for development;

• (d) provide, secure or facilitate the provision of areas of convenient shape and size for development;

• (e) secure, facilitate or carry out the development and renewal of areas in need of physical, social or economic regeneration and provide open spaces and other public amenities;

• (f) secure the preservation of any view or prospect, any protected structure or other structure, any architectural conservation area or natural physical feature, any trees or woodlands or any site of archaeological, F1096[geological or historical interest;]

• F1097[(g) secure the creation, management, restoration or preservation of any site of scientific or ecological interest, including any Nature Conservation Site,]

• (2) A planning authority may provide or arrange for the provision of—

• (a) sites for the establishment or relocation of industries, businesses (including hotels, motels and guesthouses), houses, offices, shops, schools, churches, leisure facilities and other community facilities and of such buildings, premises, houses, parks and structures as are referred to in paragraph (b),

• (b) factory buildings, office premises, shop premises, houses, amusement parks and structures for the purpose of entertainment, caravan parks, buildings for the purpose of providing accommodation, meals and refreshments, buildings for the purpose of providing trade and professional services and advertisement structures,

• (c) transport facilities, including public and air transport facilities, and

• (d) any services which it considers ancillary to anything which is referred to in paragraph (a), (b) or (c),

and may maintain and manage any such site, building, premises, house, park, structure or service and may make any charges which it considers reasonable in relation to the provision, maintenance or management thereof.

• (3) A planning authority may, in connection with any of its functions under this Act, make and carry out arrangements or enter into agreements with any person or body for the development or management of land, and may incorporate a company for those purposes.

• (4) A planning authority may use any of the powers available to it under any enactment, including any powers in relation to the compulsory acquisition of land, in relation to its functions under this section and in particular in order to facilitate the assembly of sites for the purposes of the orderly development of land.

• F1097[(5) In this section "Nature Conservation Site" means—

• (a) a European site,

• (b) an area proposed as a natural heritage area and the subject of a notice made under section 16(1) of the Wildlife (Amendment) Act 2000,

• (c) an area designated as a natural heritage area by a natural heritage area order made under section 18 of the Wildlife (Amendment) Act 2000,

• (d) a nature reserve established under an establishment order made under section 15 (amended by section 26 of the Wildlife (Amendment) Act 2000) of the Wildlife Act 1976,

• (e) a nature reserve recognised under a recognition order made under section 16 (amended by section 27 of the Wildlife (Amendment) Act 2000) of the Wildlife Act 1976, or

• (f) a refuge for fauna or flora designated under a designation order made under section 17 (amended by section 28 of the Wildlife (Amendment) Act 2000) of the Wildlife Act 1976.]

213. Land acquisition by local authorities.

213.—(1) The power conferred on a local authority under any enactment to acquire land shall be construed in accordance with this section.

• (2)
• (a) A local authority may, for the purposes of performing any of its functions (whether conferred by or under this Act, or any other enactment passed before or after the passing of this Act), including giving effect to or facilitating the implementation of its development plan or its housing strategy under section 94, do all or any of the following:

• (i) acquire land, permanently or temporarily, by agreement or compulsorily,

• (ii) acquire, permanently or temporarily, by agreement or compulsorily, any easement, way-leave, water-right or other right over or in respect of any land or water or any substratum of land,

• (iii) restrict or otherwise interfere with, permanently or temporarily, by agreement or compulsorily, any easement, way-leave, water-right or other right over or in respect of any land or water or any substratum of land,

and the performance of all or any of the functions referred to in subparagraphs (i), (ii) and (iii) are referred to in this Act as an “acquisition of land”.

• (b) A reference in paragraph (a) to acquisition by agreement shall include acquisition by way of purchase, lease, exchange or otherwise.

• (c) The functions conferred on a local authority by paragraph (a) may be performed in relation to—

• (i) land, or

• (ii) any easement, way-leave, water-right or other right to which that paragraph applies,

whether situated or exercisable, as the case may be, inside or outside the functional area of the local authority concerned.

• (3)
• (a) The acquisition may be effected by agreement or compulsorily in respect of land not immediately required for a particular purpose if, in the opinion of the local authority, the land will be required by the authority for that purpose in the future.

• (b) The acquisition may be effected by agreement in respect of any land which, in the opinion of the local authority, it will require in the future for the purposes of any of its functions notwithstanding that the authority has not determined the manner in which or the purpose for which it will use the land.

• (c) Paragraphs (a) and (b) shall apply and have effect in relation to any power to acquire land conferred on a local authority by virtue of this Act or any other enactment whether enacted before or after this Act.

• (4) A local authority may be authorised by compulsory purchase order to acquire land for any of the purposes referred to in subsection (2) of this section and section 10 (as amended by section 86 of the Housing Act, 1966) of the Local Government (No. 2) Act, 1960, shall be construed so as to apply accordingly and the reference to “purposes” in section 10(1)(a) of that Act shall be construed as including purposes referred to in subsection (2) of this section.

214. Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.—(1) The functions conferred on the Minister in relation to the compulsory acquisition of land by a local authority under the following enactments are hereby transferred to, and vested in, the Board and any reference in any relevant provision of those Acts to the Minister, or construed to be a reference to the Minister, shall be deemed to be a reference to the Board except that any powers under those enactments to make regulations or to prescribe any matter shall remain with the Minister:

Public Health (Ireland) Act, 1878;

Local Government (Ireland) Act, 1898;

Local Government Act, 1925;

Water Supplies Act, 1942;

Local Government (No. 2) Act, 1960;

Local Government (Sanitary Services) Act, 1964;

Housing Act, 1966;

Derelict Sites Act, 1990;

Roads Acts, 1993 and 1998;

Dublin Docklands Development Authority Act, 1997.

• (2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply:

• (a) the references construed to be references to the Minister in section 203 of the Public Health (Ireland) Act, 1878, shall be construed as referring to the Board and any connected references shall be construed accordingly;

• (b) the references to the Minister in section 68 of, and in the Sixth Schedule to, the Local Government Act, 1925, shall be construed as referring to the Board and any connected references shall be construed accordingly;

• (c) the references to the Minister in sections 4, 8, 9 and 10 of, and in the Schedule to, the Water Supplies Act, 1942, shall be construed as referring to the Board and any connected references shall be construed accordingly;

• (d) the references to the Minister, or to the appropriate Minister, in section 10 (as amended by section 86 of the Housing Act, 1966) of the Local Government (No. 2) Act, 1960, shall be construed as referring to the Board and any connected references shall be construed accordingly;

• (e) the references to the Minister in sections 7, 8, 9 and 16 of the Local Government (Sanitary Services) Act, 1964, shall be construed as referring to the Board and any connected references shall be construed accordingly;

• (f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 F1098[and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;

• (ii) F1099[…]

• (g) the references to the Minister in sections 16 and 17 of the Derelict Sites Act, 1990, shall be construed as referring to the Board and any connected references shall be construed accordingly;

• (h) the references to the Minister in section 27(1) of the Dublin Docklands Development Authority Act, 1997, shall be construed as referring to the Board and any connected references shall be construed accordingly.

• (3) The transfer of the Minister’s functions to the Board in relation to the compulsory purchase of land in accordance with subsection (1) shall include the transfer of all necessary ancillary powers in relation to substrata, easements, rights over land (including public rights of way), rights of access to land, the revocation or modification of planning permissions or other such functions as may be necessary in order to ensure that the Board can fully carry out its functions in relation to the enactments referred to in subsection (1).

• (4) In this section and section 216, “local authority” includes the Dublin Docklands Development Authority.

215. Transfer of certain Ministerial functions under Roads Acts, 1993 and 1998, to Board.

215.—(1) The functions of the Minister in relation to a scheme or proposed road development under sections 49, 50 and 51 of the Roads Act, 1993, are hereby transferred to and vested in the Board and relevant references in that Act to the Minister shall be construed as references to the Board and any connected references shall be construed accordingly, except that any powers under those sections to make regulations or to prescribe any matter shall remain with the Minister.

• (2) The references to the Minister in section 19(7) and paragraphs (a), (c), (e) and (f) of section 20(1) of the Roads Act, 1993, shall be deemed to be references to the Board.

215A. F1100[Transfer of certain Ministerial functions under Gas Act 1976 to Board.

215A.—(1) The functions of—

• (a) the Minister for Communications, Marine and Natural Resources,

• (b) any other Minister of the Government, or

• (c) the Commission for Energy Regulation,

under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976, as amended, in relation to the compulsory acquisition of land in respect of a strategic gas infrastructure development are transferred to, and vested in, the Board, and relevant references in that Act to the Minister for Communications, Marine and Natural Resources, any other Minister of the Government or the Commission for Energy Regulation shall be construed as references to the Board and any connected references shall be construed accordingly.

• (2) The transfer of the functions of the Minister for Communications, Marine and Natural Resources, any other Minister of the Government or the Commission for Energy Regulation to the Board in relation to the compulsory acquisition of land in accordance with subsection (1) shall include the transfer of all necessary ancillary powers in relation to deviation limits, substrata of land, easements, rights over land (including wayleaves and public rights of way), rights of access to land, the revocation or modification of planning permissions or other such functions as may be necessary in order to ensure that the Board can fully carry out its functions in relation to the enactments referred to in subsection (1).

• (3) Article 5 of the Second Schedule to the Gas Act 1976 shall not apply in respect of the function of compulsory acquisition transferred to the Board under subsection (1).]

215B. F1101[Transfer of certain Ministerial functions under Air Navigation Act 1998.

215B.—(1) The functions of the Minister for Transport under section 17 of, and the Second Schedule to, the Air Navigation and Transport (Amendment) Act 1998, as amended, in relation to the compulsory acquisition of land for the purposes set out in section 18 of that Act, are transferred to, and vested in, the Board, and relevant references in that Act to the Minister for Transport shall be construed as references to the Board and any connected references shall be construed accordingly.

• (2) The transfer of the functions of the Minister for Transport in relation to the compulsory acquisition of land in accordance with subsection (1) shall include the transfer of all necessary ancillary powers in relation to substrata of land, easements, rights over land (including wayleaves and public rights of way), rights over land or water or other such functions as may be necessary in order to ensure that the Board can fully carry out its functions in relation to the enactments referred to in subsection (1).]

215C. F1102[Transfer of certain Ministerial functions under Harbours Act 1996.

215C.—(1) The functions of the Minister for Transport under section 16 of, and the Fourth Schedule to, the Harbours Act 1996, as amended, in relation to the compulsory acquisition of land for the purposes set out in that section are transferred to, and vested in, the Board and, subject to section 7(3) of the Harbours (Amendment) Act 2009, relevant references in that Act to the Minister for Transport shall be construed as references to the Board and any connected references shall be construed accordingly.

• (2) The transfer of the functions of the Minister for Transport in relation to the compulsory acquisition of land in accordance with subsection (1) shall include the transfer of all necessary ancillary powers in relation to substrata of land, easements, rights over land (including wayleaves and public rights of way), rights over land or water or other such functions as may be necessary in order to ensure that the Board can fully carry out its functions in relation to the enactments referred to in subsection (1).]

216. Confirmation of compulsory purchase order where there are no objections.

216.—(1) Where a compulsory purchase order is made in respect of the acquisition of land by a local authority in accordance with any of the enactments referred to in section 214(1) and—

• (a) no objections are received by the Board or the local authority, as the case may be, within the period provided for making objections,

• (b) any objection received is subsequently withdrawn at any time before the Board makes its decision, or

• (c) the Board is of opinion that any objection received relates exclusively to matters which can be dealt with by a property arbitrator,

the Board shall, where appropriate, inform the local authority and the local authority shall, as soon as may be, confirm the order with or without modification, or it may refuse to confirm the order.

• (2) Subsection (1) shall not prejudice any requirement to obtain approval for a scheme in accordance with section 49 of the Roads Act, 1993, or proposed road development in accordance with section 51 of the Roads Act, 1993, or for proposed development under section 175 of this Act.

• (3) This section shall not apply with respect to a compulsory purchase under the Derelict Sites Act, 1990.

217. Certain time limits in respect of compulsory purchase of land, etc.

217.—(1) Where an objection is made to a sanitary authority in accordance with section 6 of the Water Supplies Act, 1942, and not withdrawn, the sanitary authority shall, within 6 weeks of receiving the objection, apply to the Board for a provisional order in accordance with section 8 of that Act.

• (2) Where an objection is made to a sanitary authority in accordance with section 8 of the Local Government (Sanitary Services) Act, 1964, and not withdrawn, the sanitary authority shall, within 6 weeks of receiving the objection, apply to the Board for its consent to the compulsory acquisition of the land in accordance with that section.

• (3) Subject to section 216, where a local authority complies with the notification provisions in relation to a compulsory purchase order under paragraph 4 of the Third Schedule to the Housing Act, 1966, it shall, within 6 weeks of complying with those provisions, submit the compulsory purchase order to the Board for confirmation.

• (4) Where a road authority complies with the notification provisions in relation to a scheme in accordance with section 48 of the Roads Act, 1993, it shall, within 6 weeks of complying with those provisions, submit the scheme to the Board for approval.

• (5) A notice of the making of a confirmation order to be published or served, as the case may be, in accordance with section 78(1) of the Housing Act, 1966, shall be published or served within 12 weeks of the making of the confirmation order.

• (6) Notwithstanding section 123 of the Lands Clauses Consolidation Act, 1845, where a compulsory purchase order or provisional order is confirmed by a local authority or the Board and becomes operative and the local authority decides to acquire land to which the order relates, the local authority shall serve any notice required under any enactment to be served in order to treat for the purchase of the several interests in the land (including under section 79 of the Housing Act, 1966) within 18 months of the order becoming operative.

• F1103[(6A)
• (a) Notwithstanding subsection (6), where legal proceedings are in being challenging the validity of either—

• (i) the compulsory purchase order or provisional order concerned, or

• (ii) permissions, consents or authorisations granted by or under this Act or by or under any other enactment relating to the project in respect of which, or being the purpose for which, the land concerned is to be acquired,

and a notice to treat is not served within the period of 18 months (in this subsection referred to as the "first period"), the first period shall be extended for a further period (in this subsection referred to as the "second period") beginning on the day immediately after the day on which the first period expires and expiring on the earlier of the following:

• (I) 30 days after the day on which the legal proceedings are concluded; or

• (II) 18 months after the day on which the first period expires.

• (b) Where proceedings referred to in paragraph (a) have not been concluded during the second period, on an application to the High Court by the local authority before the expiration of the second period, that court may, if it considers that, in the particular circumstances there is good and sufficient reason for doing so, extend the second period by such further period from its expiration as it believes necessary in the circumstances provided that, having regard to all of the circumstances, it considers that it would be just and equitable to do so.]

• (7)
• (a) A decision of the Board made in the performance of a function transferred to it under section 214 or 215 shall become operative 3 weeks from the date on which notice of the decision is first published.

• (b) Subsections (8) and (9) of section 52 of the Roads Act, 1993 (as inserted by section 5 of the Roads (Amendment) Act, 1998) and subsections (2) to (4) of section 78 of the Housing Act, 1966, shall not apply in relation to decisions of the Board under this Part.

217A. F1104[Transferred functions under this Part: supplemental provisions.

217A.—(1) The Board may, in respect of any of the functions transferred under this Part concerning the confirming or otherwise of any compulsory acquisition, at its absolute discretion and at any time before making a decision in respect of the matter—

• (a) request submissions or observations from any person who may, in the opinion of the Board, have information which is relevant to its decision concerning the confirming or otherwise of such compulsory acquisition (and may have regard to any submission or observation so made in the making of its decision), or

• (b) hold meetings with the local authority, or in the case of section 215A the person who applied for the acquisition order, or any other person where it appears to the Board to be necessary or expedient for the purpose of—

• (i) making a decision concerning the confirming or otherwise of such compulsory acquisition, or

• (ii) resolving any issue with the local authority or the applicant, as may be appropriate, or any disagreement between the authority or the applicant, as may be appropriate, and any other person, including resolving any issue or disagreement in advance of an oral hearing.

• (2) Where the Board holds a meeting in accordance with subsection (1)(b), it shall keep a written record of the meeting and make that record available for inspection.

• (3) The Board, or an employee of the Board duly authorised by the Board, may appoint any person to hold a meeting referred to in subsection (1)(b).]

217B. F1105[Section 215: supplemental provisions.

217B.—(1) The Board may, at its absolute discretion and at any time before making a decision on a scheme or proposed road development referred to in section 215—

• (a) request further submissions or observations from any person who made submissions or observations in relation to the scheme or proposed road development, or any other person who may, in the opinion of the Board, have information which is relevant to its decision on the scheme or proposed road development, or

• (b) hold meetings with the road authority or any other person where it appears to the Board to be necessary or expedient for the purpose of—

• (i) making a decision on the scheme or proposed road development, or

• (ii) resolving any issue with the road authority or any disagreement between the authority and any other person, including resolving any issue or disagreement in advance of an oral hearing.

• (2) Where the Board holds a meeting in accordance with subsection (1)(b), it shall keep a written record of the meeting and make that record available for inspection.

• (3) The Board, or an employee of the Board duly authorised by the Board, may appoint any person to hold a meeting referred to in subsection (1)(b).

• (4) The Board may—

• (a) if it considers it necessary to do so, require a road authority that has submitted a scheme under section 49 of the Roads Act 1993 or made an application for approval under section 51 of that Act to furnish to the Board such further information in relation to—

• (i) the effects on the environment of the proposed scheme or road development, or

• (ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development,

as the Board may specify, or

• (b) if it is provisionally of the view that it would be appropriate to approve the scheme or proposed road development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the road authority that it is of that view and invite the authority to make to the terms of the scheme or proposed road development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the scheme or road development, in the terms as so altered, or, where necessary, a F1106[revised environmental impact assessment report] in respect of it.

• (5) If a road authority makes the alterations to the terms of the scheme or proposed road development specified in a notification given to it under subsection (4), the terms of the scheme or road development as so altered shall be deemed to be the scheme or proposed road development for the purposes of sections 49, 50 and 51 of the Roads Act 1993.

• (6) The Board shall—

• (a) where it considers that any further information received pursuant to a requirement made under subsection (4)(a) contains significant additional data relating to—

• (i) the likely effects on the environment of the scheme or proposed road development, and

• (ii) the likely consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development,

or

• (b) where the road authority has made the alterations to the terms of the proposed development specified in a notification given to it under subsection (4)(b),

require the authority to do the things referred to in subsection (7).

• (7) The things which a road authority shall be required to do as aforesaid are—

• (a) to publish in one or more newspapers circulating in the area or areas in which the development to which the scheme relates or, as the case may be, the proposed road development would be situate a notice stating that, as appropriate—

• (i) further information in relation to the scheme or proposed road development has been furnished to the Board, or

• (ii) the road authority has, pursuant to an invitation of the Board, made alterations to the terms of the scheme or proposed road development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the scheme or road development as so altered or a F1107[revised environmental impact assessment report] in respect of the scheme or development has been furnished to the Board,

indicating the times at which, the period (which shall not be less than 3 weeks) during which and the place, or places, where a copy of the F1108[information or the environmental impact assessment report] referred to in subparagraph (i) or (ii) may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy) and that submissions or observations F1109[in relation to that information, report or statement] may be made to the Board before the expiration of the indicated period, and

• (b) to send to each body or prescribed authority to which a notice was given pursuant to section 51(3)(b) or (c) of the Roads Act 1993—

• (i) a notice of the furnishing to the Board of, as appropriate, the further information referred to in paragraph (a)(i) or the F1110[information, report or statement] referred to in paragraph (a)(ii), and

• (ii) a copy of that further information, F1111[information, report or statement],

and to indicate to the body or authority that submissions or observations F1112[in relation to that further information, information, report or statement] may be made to the Board before the expiration of a period (which shall be not less than 3 weeks) beginning on the day on which the notice is sent to the prescribed authority by the road authority.

• (8) The Board shall, in making its decision in respect of a scheme or proposed road development, have regard to any information submitted on foot of a notice under subsection (4), including any F1113[revised environmental impact assessment report] or any submissions or observations made on foot of a request under subsection (1) or a notice under subsection (7).]

217C. F1114[Board’s powers to make decisions on transferred functions.

217C.—(1) Notwithstanding any provision of any of the enactments referred to in F1115[section 214, 215A, 215B or 215C] concerning the confirming or otherwise of any compulsory acquisition, the Board shall, in relation to any of the functions transferred under this Part respecting those matters, have the power to confirm a compulsory acquisition or any part thereof, with or without conditions or modifications, or to annul an acquisition or any part thereof.

• (2) Notwithstanding any provision of the Roads Act 1993 concerning the approval of any scheme or proposed road development, the Board shall, in relation to any of the functions transferred under this Part respecting those matters, have the power to approve the scheme or development or any part thereof, with or without conditions or modifications, or to refuse to approve the scheme or development or any part thereof.

• (3) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to any approval of a scheme or proposed road development under the Roads Act 1993 a condition requiring—

• (a) the construction or the financing, in whole or in part, of the construction of a facility, or

• (b) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.

• (4) A condition attached pursuant to subsection (3) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval operates of the benefits likely to accrue from the grant of the approval.]

218. Oral hearings in relation to compulsory acquisition of land.

218.—F1116[(1) Where, as a result of the transfer of functions under F1117[section 214, 215, 215A, 215B or 215C], the Board would otherwise be required to hold a local inquiry, public local inquiry or oral hearing, that requirement shall not apply to the Board but the Board may, at its absolute discretion, hold an oral hearing in relation to the matter, the subject of the function transferred.]

• (2) For the avoidance of doubt, it is hereby declared that the provisions of the Local Government Acts, 1941, 1946, 1955 and 1991, in relation to public local inquiries shall not apply in relation to oral hearings held by the Board in accordance with subsection (1).

• (3) For the purposes of this Part, the references to local inquiries or public local inquiries in the following provisions shall be deemed to be references to oral hearings under this section:

• (a) section 10 of the Local Government (No. 2) Act, 1960;

• (b) section 78 of, and the Third Schedule to, the Housing Act, 1966;

• (c) Part IV of the Roads Act, 1993.

• (4) Sections 135, 143 and 146 shall apply and have effect in relation to the functions transferred to the Board under F1117[sections 214 to 215C] and those sections shall be construed accordingly.

219. F1118[Power to direct payment of certain costs.

219.—(1) Where the Board has made a decision in the performance of any functions transferred under F1119[section 214, 215, 215A, 215B or 215C], it may at its absolute discretion direct the payment of such sum as it considers reasonable by the local authority concerned or, in the case of F1119[section 215A, 215B or 215C], the person who applied for the acquisition order (hereafter in this section referred to as the "applicant")—

• (a) to the Board towards the costs and expenses incurred by the Board in determining the matter, including—

• (i) the costs of holding any oral hearing in relation to the matter,

• (ii) the fees of any consultants or advisers engaged in the matter, and

• (iii) an amount equal to such portion of the remuneration and any allowances for expenses paid to the members and employees of the Board as the Board determines to be attributable to the performance of duties by the members and employees in relation to the matter,

and

• (b) to any person appearing at an oral hearing held in relation to the matter as a contribution towards the costs, other than the costs referred to in section 135, incurred by that person of appearing at that hearing,

and the local authority or applicant, as appropriate, shall pay the sum.

• (2) The reference in subsection (1)(b) to costs shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs.

• (3) If a local authority or applicant, as appropriate, fails to pay a sum directed to be paid under subsection (1), the Board or any other person concerned, as the case may be, may recover the sum from the authority or applicant, as appropriate, as a simple contract debt in any court of competent jurisdiction. ]

220. Certain procedures to run in parallel.

220.—(1) The person holding an oral hearing in relation to the compulsory acquisition of land, which relates wholly or in part to proposed development by a local authority which is required to comply with section 175 or any other statutory provision to comply with F1120[procedures for giving effect to the Environmental Impact Assessment Directive], shall be entitled to hear evidence in relation to the likely effects on the environment of such development.

• (2) Where an application for the approval of a proposed development which is required to comply with section 175 is made to the Board and a compulsory purchase order or provisional order has been submitted to the Board for confirmation and where the proposed development relates wholly or in part to the same proposed development, the Board shall, where objections have been received in relation to the compulsory purchase order, make a decision on the confirmation of the compulsory purchase order at the same time.

221. Objective of the Board in relation to transferred functions.

221.—(1) It shall be the duty of the Board to ensure that any matters submitted in accordance with the functions transferred to it under F1121[section 214, 215, 215A, 215B or 215C] are disposed of as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the determination of those matters.

• (2) Without prejudice to the generality of subsection (1) and subject to subsections (3), (4), (5) and (6), it shall be the objective of the Board to ensure that—

• (a) the matter is determined within a period of 18 weeks beginning on the last day for making objections, observations or submissions, as the case may be, in accordance with the relevant enactment referred to in F1121[section 214, 215, 215A, 215B or 215C], or

• (b) the matter is determined within such other period as the Minister may prescribe in relation to paragraph (a), either generally or in respect of a particular class or classes of matter.

• (3)
• (a) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of the matter with which the Board is concerned, to determine the matter within the period prescribed under subsection (2), the Board shall, by notice in writing served on any local authority involved and any other person who submitted objections, representations, submissions or observations in relation to the matter before the expiration of that period, inform the authority and those persons of the reasons why it would not be possible or appropriate to determine the matter within that period and shall specify the date before which the Board intends that the matter shall be determined.

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

• (4) The Minister may by regulations vary the period as specified in subsection (2) either generally or in respect of a particular class or classes of matters with which the Board is concerned, in accordance with the transferred functions under this Part, where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as the regulations are in force, this section shall be construed and have effect in accordance therewith.

• (5) Where the Minister considers it to be necessary or expedient that certain functions of the Board (being functions transferred under F1121[section 214, 215, 215A, 215B or 215C]) performable in relation to matters of a class or classes that—

• (a) are of special strategic, economic or social importance to the State, and

• (b) are submitted to the Board for the performance by it of such functions,

be performed as expeditiously as is consistent with proper planning and sustainable development, he or she may give a direction to the Board that in the performance of the functions concerned priority be given to matters of the class or classes concerned, and the Board shall comply with such direction.

• (6) Subsection (2) shall not apply in relation to the functions under the Public Health (Ireland) Act, 1878, the Local Government Act, 1925, or the Water Supplies Act, 1942, which are transferred to the Board under section 214.

• (7) For the purposes of meeting its duty under this section, the chairperson may, or shall when so directed by the Minister, assign the functions transferred to the Board under F1121[section 214, 215, 215A, 215B or 215C] to a particular division of the Board in accordance with section 112.

• (8) The Board shall include in each report made under section 118 a statement of the number of matters which the Board has determined within a period referred to in paragraph (a) or (b) of subsection (2) and such other information as to the time taken to determine such matters as the Minister may direct.

• F1122[(9) The Minister may by regulations provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of the functions transferred to the Board under section 214 or 215 as appear to the Minister to be necessary or expedient.]

222. Amendment of section 10 of Local Government (No. 2) Act, 1960.

222.—Section 10 (inserted by section 86 of the Housing Act, 1966) of the Local Government (No. 2) Act, 1960, is hereby amended—

• (a) by the deletion of subsection (2), and

• (b) in subsection (4), by the substitution for paragraph (d) of the following paragraph:

• “(d) Where—

• (i) an order is made by virtue of this section, and

• (ii) there is a public right of way over the land to which the order relates or any part thereof or over land adjacent to or associated with the land or any part thereof,

the order may authorise the local authority, by order made by them after they have acquired such land or part, to extinguish the right of way.”.

223. References to transferred functions in regulations, etc.

223.—(1) A reference in any regulations, prescribed forms or other instruments made under the enactments referred to in F1123[section 214, 215, 215A, 215B or 215C] to the Minister, and which relate to the functions transferred under those sections, shall be deemed to be references to the Board.

• (2) A reference in any regulations, prescribed forms or other instruments made under the enactments referred to in F1123[section 214, 215, 215A, 215B or 215C] to local inquiries or public local inquiries, and which relate to functions transferred to the Board under those sections, shall be deemed to be references to oral hearings by the Board.

PART XV Development on the Foreshore

224. Definition.

224.—F1124[…]

225. Obligation to obtain permission in respect of development on foreshore.

225.—F1125[…]

226. Local authority development on foreshore.

226.—F1126[…]

227. Acquisition of land etc. on foreshore.

227.—F1127[…]

228. Entering on foreshore for certain purposes.

228.—F1128[…]

PART XVI Events and Funfairs

229. Interpretation.

229.—In this Part—

“event” means—

• (a) a public performance which takes place wholly or mainly in the open air or in a structure with no roof or a partial, temporary or retractable roof, a tent or similar temporary structure and which is comprised of music, dancing, displays of public entertainment or any activity of a like kind, and

• (b) any other event as prescribed by the Minister under section 241;

“funfair” has the meaning assigned to it by section 239;

“licence” means a licence granted by a local authority under section 231;

F1129[…]

230. Obligation to obtain a licence for holding of an event.

230.—(1) Subject to subsection (4), a licence shall be required in respect of the holding of an event or class of event prescribed for the purpose of this section.

• (2) When prescribing events or classes of events under subsection (1), the Minister shall have regard to the size, location, nature or other attributes of the event or class of event.

• (3) Any person who—

• (a) organises, promotes, holds or is otherwise materially involved in the organisation of an event to which this section applies, or

• (b) is in control of land on which an event to which this section applies is held,

other than under and in accordance with a licence, shall be guilty of an offence.

• (4) A licence shall not be required for the holding of an event prescribed in accordance with subsection (1) by a local authority.

231. Grant of licence.

231.—(1) The Minister may by regulations provide for matters of procedure and administration in relation to applications for and the grant of licences for events.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for—

• (a) requiring the publication of a notice of intention to make an application for a licence,

• (b) requiring the notification of prescribed persons or bodies,

• (c) the form and content of an application for a licence,

• (d) the plans, documents and information to be submitted with an application for a licence,

• (e) the persons and bodies which must be consulted in relation to a licence,

• (f) enabling persons to make submissions or observations within a prescribed time,

• (g) requiring the applicant to submit any further information with respect to their application, and

• (h) the time within which a decision on an application for a licence must be made.

• (3)
• (a) Where an application for a licence is made in accordance with regulations under this section, the local authority may decide to grant the licence, grant the licence subject to such conditions as it considers appropriate or refuse the licence.

• (b) In considering an application for a licence under this section, the local authority shall have regard to—

• (i) any information relating to the application furnished to it by the applicant in accordance with subsection (2)(d) or (g),

• (ii) any consultations under subsection (2)(e),

• (iii) any submissions or observations made to it in accordance with subsection (2)(f),

• (iv) whether events have previously been held on the land concerned,

• (v) the matters referred to in subsection (4), and

• (vi) any guidelines or codes of practice issued by the Minister or by any other Minister of the Government.

• (4) Without prejudice to the generality of subsection (3)(a), conditions subject to which a licence is granted may relate to all or any of the following—

• (a) compliance with any guidelines or codes of practice issued by the Minister or any other Minister of the Government, or with any provisions of those guidelines or codes of practice;

• (b) securing the safety of persons at the place in connection with the event;

• (c) the provision of adequate facilities for the health and welfare of persons at the place in connection with the event, including the provision of sanitary facilities;

• (d) the protection of the environment in which the event is to be held, including the control of litter;

• (e) the maintenance of public order;

• (f) the avoidance or minimisation of disruption to the neighbourhood in which the event is to take place;

• (g) ensuring the provision of adequate means of transport to and from the place in which the event is to be held;

• (h) the number of events which are permitted at a venue within a specified period not exceeding one year;

• (i) the payment of a financial contribution to the authority of a specified amount or an amount calculated on a specified basis towards the estimated cost to the local authority of measures taken by the authority in connection with the event;

• (j) the payment of a financial contribution to a person or body consulted in accordance with subsection (2)(e) of a specified amount or an amount calculated on a specified basis towards the estimated cost to that person or body of measures taken by the person or body in connection with the event;

• (k) maintaining public liability insurance;

• (l) the display of notice for persons attending the event as to their obligations and conduct at the event.

• (5) Conditions under subsection (4)(i) or (j) requiring the payment of a financial contribution may only relate to an event which is held wholly or mainly for profit.

• (6) A person shall not be entitled solely by reason of a licence under this section to hold an event.

232. Codes of practice in relation to events.

232.—(1) The Minister or any Minister of the Government may draw up and issue codes of practice for the purpose of providing practical guidance with respect to the requirements of any of the relevant provisions of or under this Part.

• (2) The Minister or any Minister of the Government, as appropriate, shall, before issuing a code of practice, consult any other Minister of the Government or other person or body that appears to that Minister to be appropriate.

• (3) The Minister or any Minister of the Government, as appropriate, may amend or revoke any code of practice, following consultation with any other Minister of the Government or any other person or body that appears to the Minister to be appropriate.

233. Service of notice in relation to events.

233.—(1) Where a local authority has reason to believe that an event in respect of which a licence under section 230 is required is occurring or is likely to occur—

• (a) without such a licence, or

• (b) in contravention of the terms of such a licence,

the authority may serve a notice under this section.

• (2) A notice may require, as appropriate—

• (a) the immediate cessation of any event or the discontinuation or alteration of any preparations which are being made in relation to an event,

• (b) the removal of any temporary buildings, structures, plant, machinery or the like from land which the authority believes is intended to be used as the location of an event, and

• (c) the restoration of the land to its prior condition.

• (3) Any person who fails to comply with the requirements of the notice served under subsection (1) shall be guilty of an offence.

234. General obligations with regard to safety at events.

234.—(1) A person to whom a licence is granted under section 231 shall take such care as is reasonable in all the circumstances, having regard to the care which a person attending the event may reasonably be expected to take for his or her own safety and, if the person is at the event in the company of another person, the extent of the supervision and control the latter person may be expected to exercise over the former person’s activities, to ensure that persons on the land in connection with the event do not suffer injury or damage by reason of any danger arising out of the licensed event or associated activities.

• (2) It shall be the duty of every person, being on land in connection with an event to which this section applies, to conduct himself or herself in such a way as to ensure that as far as reasonably practicable any person on the land is not exposed to danger as a consequence of any act or omission of his or hers.

235. Powers of inspection in connection with events.

235.—(1) An authorised person (subject to the production by him or her, if so requested, of his or her authority in writing) or a member of the Garda Síochána shall be entitled at all reasonable times to enter and inspect any land or any structure for any purpose connected with this Part.

• (2) Without prejudice to the generality of subsection (1), an authorised person or a member of the Garda Síochána shall, in the performance of his or her functions under subsection (1), be entitled to—

• (a) require the person in control of the land or structure concerned to—

• (i) inform him or her of any matter which the authorised person or the member of the Garda Síochána considers to be relevant, or