PLANNING AND DEVELOPMENT ACT, 2000

• (iv) if the application relates to a decision made or other act done by the Board or a local authority in the performance or purported performance of a function referred to in section 50(2)(b) or (c), to the Board or the local authority concerned, and

• (v) to any other person specified for that purpose by order of the High Court.

• (d) The Court may—

• (i) on the consent of all of the parties, or

• (ii) where there is good and sufficient reason for so doing and it is just and equitable in all the circumstances,

treat the application for leave as if it were the hearing of the application for judicial review and may for that purpose adjourn the hearing on such terms as it may direct.]

• (3) The Court shall not grant section 50 leave unless it is satisfied that—

• (a) there are substantial grounds for contending that the decision or act concerned is invalid or ought to be F440[quashed,]

• (b) (i) the applicant has a F441[sufficient interest] in the matter which is the subject of the application, or

• (ii) where the decision or act concerned relates to a development identified in or under regulations made under section 176, for the time being in force, as being development which may have significant effects on the environment, the applicant—

• (I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection,

• (II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives, and

• (III) satisfies such requirements (if any) as a body or organisation, if it were to make an appeal under section 37(4)(c), would have to satisfy by virtue of section 37(4)(d)(iii) (and, for this purpose, any requirement prescribed under section 37(4)(e)(iv) shall apply as if the reference in it to the class of matter into which the decision, the subject of the appeal, falls were a reference to the class of matter into which the decision or act, the subject of the application for section 50 leave, F440[falls), and]

• F442[(c) the applicant has exhausted any available appeal procedures or any other administrative remedy available to him or her in respect of the decision or act concerned.]

• (4) A F441[sufficient interest] for the purposes of subsection (3)(b)(i) is not limited to an interest in land or other financial interest.

• (5) If the court grants section 50 leave, no grounds shall be relied upon in the application for judicial review under the Order other than those determined by the Court to be substantial under subsection (3)(a).

• (6) The Court may, as a condition for granting section 50 leave, require the applicant for such leave to give an undertaking as to damages.

• (7) The determination of the Court of an application for section 50 leave or of an application for judicial review on foot of such leave shall be final and no appeal shall lie from the decision of the Court to the Supreme Court in either case save with leave of the Court which leave shall only be granted where the Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

• (8) Subsection (7) shall not apply to a determination of the Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

• (9) If an application is made for judicial review under the Order in respect of part only of a decision or other act to which section 50(2) applies, the Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring invalid or quashing the remainder of the decision or other act or part of the decision or other act, and if the Court does so, it may make any consequential amendments to the remainder of the decision or other act or the part thereof that it considers appropriate.

• F442[(9A) If, on an application for judicial review under the Order, the Court decides to quash a decision or other act to which section 50(2) applies, made or done on an application for permission or approval, the Court shall, if requested by the applicant for permission or approval, remit the matter to the planning authority, the local authority or the Board, as may be appropriate, for reconsideration, subject to such directions as the Court considers appropriate, unless the Court considers, having regard to the circumstances of the case, that it would not be lawful to do so.]

• (10) The Court shall, in determining F443[an application for section 50 leave, an application for judicial review on foot of such leave or an application for leave under subsection (7)], act as expeditiously as possible consistent with the administration of justice.

• (11) On an appeal from a determination of the Court in respect of an application referred to in subsection (10), the Supreme Court shall—

• (a) have jurisdiction to determine only the point of law certified by the Court under subsection (7) (and to make only such order in the proceedings as follows from such determination), and

• (b) in determining the appeal, act as expeditiously as possible consistent with the administration of justice.

• (12) Rules of court may make provision for the expeditious hearing of applications for section 50 leave and applications for judicial review on foot of such leave.]

• F444[(13) For the avoidance of doubt, where—

• (a) the Court has granted leave to appeal its decision in accordance with subsection (7), or

• (b) an appeal has been brought to the Court of Appeal in accordance with subsection (8),

any party to the appeal may, at any time thereafter prior to the determination of such appeal, without any prior application to the Court of Appeal, apply to the Supreme Court under Article 34.5.4° of the Constitution to determine the appeal.

• (14) Where the Supreme Court grants an application referred to in subsection (13), the Court of Appeal shall, in respect of the proceedings before it in relation to the appeal, provide by order for the discontinuance of those proceedings, which order of discontinuance shall be confined to the grounds upon which the Supreme Court granted leave to appeal, whether or not any application in relation to the appeal has been made to the Court of Appeal.

• (15) The Supreme Court shall act as expeditiously as possible consistent with the administration of justice in determining any application referred to in subsection (13) and, where the Supreme Court grants the application, any appeal.]

• F445[(16) This section applies and has effect subject to section 50AA.]

F446[Cessation of application of sections 50 and 50A of Act of 2000

50AA.—(1) Section 50 (other than subsection (1)) and section 50A shall cease to apply to—

• (a) any decision made or act done in the performance, or purported performance, of a function under this Act by an Act of 2000 body in respect of an Act of 2000 procedure, or

• (b) any alleged failure of an Act of 2000 body to perform such a function, and references in this Act, or regulations made under this Act, to section 50 or 50A shall, in so far as they relate to an Act of 2000 procedure, be construed as references to Chapter 1 of Part 9 of the Act of 2024, as modified by section 303A of the Act of 2024.

• (2) In subsection (1)—

“Act of 2000 body” has the meaning it has in section 303A of the Act of 2024;

“Act of 2000 procedure” has the meaning it has in section 303A of the Act of 2024;

“Act of 2024” means the Planning and Development Act 2024.]

50B. F447[Costs in environmental matters.

50B.—(1) This section applies to proceedings of the following kinds:

• (a) proceedings in the High Court by way of judicial review, or of seeking leave to apply for judicial review, of—

• (i) any decision or purported decision made or purportedly made,

• (ii) any action taken or purportedly taken, F448[…]

• (iii) any failure to take any action,

pursuant to a F449[statutory provision] that gives effect to—

• F450[(I) a provision of the Environmental Impact Assessment Directive (within the meaning of the Planning and Development Act 2024) to which, by virtue of paragraph 1 of Article 11 of that Directive, the said Article 11 is subject,]

• (II) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the F450[environment,]

• F450[(III) a provision of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 201020 on industrial emissions (integrated pollution prevention and control) to which, by virtue of paragraph 1 of Article 25 of that Directive, Article 24 of that Directive is subject, or]

• F450[(IV) paragraph 3 or 4 of Article 6 of the Habitats Directive (within the meaning of the Planning and Development Act 2024);]

• (b) an appeal (including an appeal by way of case stated) to the Supreme Court from a decision of the High Court in a proceeding referred to in paragraph (a);

• (c) proceedings in the High Court or the Supreme Court for interim or interlocutory relief in relation to a proceeding referred to in paragraph (a) or (b).

• F451[(2) Notwithstanding anything contained in Order 99 of the Rules of the Superior Courts (S.I. No. 15 of 1986) and subject to subsections (2A), (3) and (4), in proceedings to which this section applies, each party to the proceedings (including any notice party) shall bear its own costs.]

• F452[(2A) The costs of proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant to the extent that the applicant succeeds in obtaining relief and any of those costs shall be borne by the respondent or notice party, or both of them, to the extent that the actions or omissions of the respondent or notice party, or both of them, contributed to the applicant obtaining relief.]

• (3) The Court may award costs against a party in proceedings to which this section applies if the Court considers it appropriate to do so—

• (a) because the Court considers that a claim or counterclaim by the party is frivolous or vexatious,

• (b) because of the manner in which the party has conducted the proceedings, or

• (c) where the party is in contempt of the Court.

• (4) Subsection (2) does not affect the Court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.

• (5) In this section a reference to "the Court" shall be construed as, in relation to particular proceedings to which this section applies, a reference to the High Court or the Supreme Court, as may be appropriate.]

• F453[(6) In this section "statutory provision" means a provision of an enactment or instrument under an enactment.]

PART IV Architectural Heritage

Chapter I Protected Structures

51. Record of protected structures.

51.—(1) For the purpose of protecting structures, or parts of structures, which form part of the architectural heritage and 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.

• F454[(2) 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 Part or in the course of a review of the development plan under Part II, a record of protected structures shall continue to be part of that plan or any variation or replacement of the plan.

52. Guidelines by Minister for Arts, Heritage, Gaeltacht and the Islands.

52.—F455[(1) The Minister shall 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 57 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 10, a planning authority proposes to include in its development plan.

53. Recommendations to planning authorities concerning specific structures.

53.—(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.

54. Additions to and deletions from record of protected structures.

54.—(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 53, 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 when making a development plan under Part II or in accordance with section 55.

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

55. Procedure for making additions for deletions.

55.—(1) A planning authority which proposes, at any time other than in the course of making its development plan under Part II, 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 at least one newspaper circulating in its functional area.

• (2) A notice under paragraph (a) or (c) of subsection (1) 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 6 weeks;

• (b) that, during such period, any person may make written submissions or observations, with respect to the proposed addition or deletion, to the planning authority, and that any such submissions or observations will be taken into consideration before the making of the addition or deletion concerned;

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

• (d) 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 submission or observation made under paragraph (b).

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

• (a) consider any written submissions or observations received under subsection (2) (b), and

• (b) have regard to any observations received from the Minister for Arts, Heritage, Gaeltacht and the Islands, concerning those submissions or observations, within 4 weeks after the receipt by that Minister of a copy of the submissions or observations.

• (4) Within 12 weeks 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 deletion should be made.

• (5) Within 2 weeks 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.

56. Registration under Registration of Title Act, 1964.

56.—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).

57. Works affecting character of protected structures or proposed protected structures.

57.—(1) F456[Notwithstanding section 4(1)(a), (h), (i), F457[(ia)] (j), (k), or (l) and any regulations made under section 4(2),] the carrying out of works to a protected structure, or a proposed protected structure, shall be exempted development 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 12 weeks 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 F458[or the Board] shall have regard to—

• (a) any guidelines issued under section 52, and

• (b) any recommendations made to the authority under section 53.

• (5) If the declaration relates to a protected structure that is regularly used as a place of public worship, the planning authority F458[or the Board]

• (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 F458[or the Board] considers appropriate.

• (6) When considering an application for permission for the development of land under section 34 which—

• (a) relates to the interior of a 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 Act, 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.

• F459[(8) Any person to whom a declaration under subsection (3), or a declaration reviewed under subsection (7) has been issued, may, on payment to the Board of such fee as may be prescribed, refer the declaration for review by the Board within 4 weeks from the date of the issuing of the declaration, or the declaration as reviewed, as the case may be.

• (9) A planning authority shall cause—

• (a) the details of any declaration issued by that authority, or of a decision by the Board on a referral, to be entered on the register kept by the authority under section 7, and

• (b) a copy of the declaration or decision, as appropriate, 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 or decision.]

• (10)
• (a) For the avoidance of doubt, it is hereby declared that a planning authority or the Board on appeal—

• (i) in considering any application for permission in relation to a protected structure, shall have regard to the protected status of the structure, or

• (ii) in considering any application for permission in relation to a proposed protected structure, shall have regard to the fact that it is proposed to add the structure to a record of protected structures.

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

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

58.—(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 55 or under Part II, 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 34 has been granted;

• (b) development consisting only of works of a type which, in a declaration issued under section 57(3) 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).

59. Notice to require works to be carried out in relation to endangerment of protected structures.

59.—(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 8 weeks from the date the notice comes into effect under section 62.

• (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 4 weeks 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.

• (4) After considering any representations made under subsection (3), the planning authority may confirm, amend or revoke the notice, and shall notify the person who made the representations of its decision.

• (5) Particulars of a notice served under this section shall be entered in the register.

60. Notice to require restoration of character of protected structures and other places.

60.—(1) In this section, “works”, in relation to a structure or any element of a structure, includes the removal, alteration or replacement of any specified part of the structure or element, and the removal or alteration of any advertisement structure.

• (2) A planning authority may serve a notice that complies with subsection (3) on each person who is the owner or occupier of a structure situated within its functional area, if—

• (a) the structure is a protected structure and, in the opinion of the planning authority, the character of the structure or of any of its elements ought to be restored, or

• (b) the structure is in an architectural conservation area and, in the opinion of the planning authority, it is necessary, in order to preserve the character of the area, that the structure be restored.

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

• (a) specify the works required to be carried out for the purposes of restoring the structure or element referred to in the notice,

• (b) state that the person on whom the notice is served may, within a specified period of not less than 8 weeks from the date of the service of the notice, make written representations to the planning authority concerning the notice,

• (c) invite that person to enter into discussions with the planning authority, within a specified period of not less than 8 weeks from the date of the service of the notice, concerning the notice and in particular concerning—

• (i) the provision by the planning authority of advice, materials, equipment, the services of the authority’s staff or other assistance in carrying out the works specified in the notice, and

• (ii) the period within which the works are to be carried out,

• (d) specify the period within which, unless otherwise agreed in the discussions under paragraph (c), the works shall be carried out, being a period of not less than 8 weeks from the end of the period allowed for entering into discussions, and

• (e) state that the planning authority shall pay any expenses that are reasonably incurred by that person in carrying out the works in accordance with the notice, other than works that relate to an unauthorised structure which has been constructed, erected or made 7 years or less prior to the service of the notice.

• (4) In deciding whether to serve a notice under this section, a planning authority shall have regard to any guidelines issued under section 52 and any recommendations made under section 53.

• (5) If the invitation under subsection (3)(c) to enter into discussions is accepted, the planning authority shall facilitate the holding of those discussions.

• (6) After considering any representations made under subsection (3)(b) and any discussions held under subsection (5), the planning authority may confirm, amend or revoke the notice and shall notify the person who made the representations of its decision.

• (7) Particulars of a notice served under this section shall be entered in the register.

61. Appeals against notices.

61.—(1) Within 2 weeks after being notified under section 59(4) or 60(6) of the confirmation or amendment of a notice, any person who made representations in relation to the notice may appeal against the notice to the District Court, on any one or more of the following grounds:

• (a) that the person is not the owner or occupier of the structure in respect of which the notice has been served;

• (b) that, in the case of a notice under section 59(1), compliance with the requirements of the notice would involve unreasonable expense, and that the person had stated in representations made to the planning authority under section 59(3) that he or she did not have the means to pay;

• (c) that the person has already taken all reasonable steps to—

• (i) in the case of a notice under section 59(1), prevent the structure from becoming, or continuing to be endangered,

• (ii) in the case of a notice under section 60(2) in relation to a protected structure, restore the character of the structure or the element, or

• (iii) in the case of a notice under section 60(2) in relation to a structure that forms part of a place, area, group of structures or townscape referred to in paragraph (b) of that subsection, assist in restoring the character of that place, area, group of structures or townscape, as the case may be;

• (d) that the time for complying with the notice is unreasonably short.

• (2) Notice of an appeal under subsection (1) shall be given to the planning authority, and it shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

• (3) On the hearing of the appeal, the District Court may, as it thinks proper—

• (a) confirm the notice unconditionally,

• (b) confirm the notice subject to such modifications or additions as the Court thinks reasonable, or

• (c) annual the notice.

• (4) Where the notice is confirmed under subsection (3)(b) subject to modifications or additions, the notice shall have effect subject to those modifications or additions.

62. Effective date of notices.

62.—A notice under section 59(1) or 60(2) shall not have effect until the expiry of 4 weeks from the date of service of the notice, subject to the following exceptions—

• (a) if any representations have been made under section 59 or 60 in relation to the notice, and no appeal is taken within the period allowed under section 61(1), the notice has effect on the expiry of the appeal period;

• (b) if an appeal is taken under section 61(1) and the notice is confirmed, the notice has effect on the date on which the decision of the District Court is pronounced, or the date on which that order is expressed to take effect, whichever is later;

• (c) if an application is made to the District Court under section 65(1) and an order is made under section 65(2)(a), the notice has effect on the date on which the decision of the Court is pronounced, or the date on which that order is expressed to take effect, whichever is later.

63. Offence relating to endangerment of protected structures.

63.—A person who fails to comply with a notice served on him or her under section 59(1) shall be guilty of an offence.

64. Owners’ powers in relation to notices concerning endangerment or restoration of structures.

64.—Any person who is the owner of the land or structure in respect of which a notice under section 59(1) or 60(2) has been served, and his or her servants or agents, may enter that land or structure and carry out the works required under the notice.

65. Application to District Court for necessary consent.

65.—(1) A person served with a notice under section 59(1) or 60(2) may apply to the District Court for an order under subsection (2) of this section if—

• (a) that person is unable, without the consent of another person, to carry out the works required under the notice, and

• (b) the other person withholds consent to the carrying out of those works.

• (2) If, on hearing an application under subsection (1), the District Court determines that the other person’s consent has been unreasonably withheld—

• (a) the Court may, at its discretion, deem that consent to have been given, and

• (b) in that case, the person making the application shall be entitled to carry out the works required under the notice.

66. Jurisdiction of District Court.

66.—The jurisdiction conferred on the District Court—

• (a) by section 61 in relation to an appeal against a notice, or

• (b) by section 65 in relation to an application for an order deeming consent to have been given,

shall be exercised by a judge of that Court having jurisdiction in the district in which the structure that is the subject of the appeal or application is situated.

67. Application to court for contribution to cost of carrying out works on endangered structures.

67.—(1) A person who has been served with a notice under section 59(1), and who has carried out the works required under the notice, may apply to a court of competent jurisdiction for an order directing that all, or such part as may be specified in the order, of the cost of those works be borne by some other person who has an interest in the structure concerned.

• (2) On the hearing of an application under subsection (1), the court shall make such order as it considers just, having regard to all the circumstances of the case.

68. Carrying out of certain works to be exempted development.

68.—The carrying out of any works specified in a notice under section 59(1) or 60(2) shall be exempted development.

69. Planning authority’s power to carry out works to protected structures and other places.

69.—Where a person on whom a planning authority has served a notice under section 59(1) or 60(2) fails to comply with the notice, the planning authority may take such steps as it considers reasonable and necessary to give effect to the terms of the notice including—

• (a) entry on land by authorised persons in accordance with section 252, and

• (b) the carrying out, or arranging the carrying out, of the works specified in the notice.

70. Recovery by planning authority of expenses for carrying out works on endangered structures.

70.—A planning authority which serves a notice under section 59(1) in respect of a protected structure may—

• (a) recover (whether as a simple contract debt in a court of competent jurisdiction or otherwise), from the owner or occupier, any expenses reasonably incurred by the authority under section 69, including any assistance provided under section 59(2), and

• (b) secure those expenses by—

• (i) charging the protected structure under the Registration of Title Act, 1964, or

• (ii) an instrument vesting any interest in the protected structure in the authority subject to a right of redemption by the owner or occupier.

71. Power to acquire protected structure.

71.—(1) A planning authority may acquire, by agreement or compulsorily, any protected structure situated within its functional area if—

• (a) it appears to the planning authority that it is necessary to do so for the protection of the structure, and

• (b) in the case of a compulsory acquisition, the structure is not lawfully occupied as a dwelling house by any person other than a person employed as a caretaker.

• (2) In this section and sections 72 to 77, a reference to a protected structure shall be construed to include a reference to any land which—

• (a) forms part of the attendant ground of that structure, and

• (b) is, in the planning authority’s opinion, necessary to secure the protection of that structure,

whether or not the land lies within the curtilage of the structure or is specified as a feature in the record of protected structures.

72. Notice of intention to acquire protected structure compulsorily.

72.—(1) A planning authority intending to acquire any protected structure compulsorily under this Part shall—

• (a) publish in one or more newspapers circulating in its functional area a notice—

• (i) stating its intention to acquire the protected structure compulsorily under this Part,

• (ii) describing the structure to which the notice relates,

• (iii) naming the place where a map showing the location of the protected structure is deposited and the times during which it may be inspected, and

• (iv) specifying the time within which (not being less than 4 weeks), and the manner in which, objections to the acquisition of the structure may be made to the planning authority,

and

• (b) serve on every owner, lessee and occupier (except tenants for one month or a period less than one month) of the structure a notice which complies with paragraph (a).

• (2) In this section, “owner”, in relation to a protected structure, means—

• (a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the protected structure, and

• (b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the protected structure.

73. Objection to compulsory acquisition of protected structure.

73.—(1) Any person, on whom a notice of the proposed compulsory acquisition of a protected structure has been served under section 72(1)(b), may, within the time and in the manner specified in the notice, submit to the planning authority concerned an objection to the proposed compulsory acquisition referred to in the notice.

• (2) A person who has submitted an objection under subsection (1) may withdraw the objection by notice in writing sent to the planning authority concerned.

• (3) Where an objection submitted to a planning authority under subsection (1) is not withdrawn, the planning authority shall not acquire the protected structure compulsorily without the consent of the Board.

• (4) An application for the Board’s consent to the compulsory acquisition of a protected structure shall be made within 4 weeks after the expiry of the time allowed, under subsection (1), for submitting an objection to that acquisition, and shall be accompanied by the following—

• (a) the relevant map,

• (b) a copy of the objection made under subsection (1) to the planning authority,

• (c) the planning authority’s comments (if any) on the objection, and

• (d) such other documents and particulars as may be prescribed.

• (5) On receipt of the planning authority’s comments (if any) on the objection, the Board shall, by notice served on the person who made the objection, send a copy of the comments to that person who may, within 3 weeks from the date of the service of the notice, make observations to the Board in relation to the comments.

• (6) On application under subsection (4), the Board may, as it thinks fit, grant or refuse to grant consent to the compulsory acquisition of all or part of a protected structure referred to in a notice published under section 72.

74. Vesting order for protected structures.

74.—(1) After complying with section 73, a planning authority may, by vesting order, acquire a protected structure if—

• (a) no objection is submitted to the planning authority under section 73,

• (b) any objection submitted under section 73, is subsequently withdrawn, or

• (c) the Board consents to the compulsory acquisition of the structure by the planning authority.

• (2) Where a planning authority becomes aware, before making a vesting order in respect of a protected structure, that the structure is subject (whether alone or in conjunction with other land) to—

• (a) any annuity or other payment to the Minister for Agriculture, Food and Rural Development or to the Commissioners, or

• (b) any charge payable to the Revenue Commissioners on the death of any person,

the planning authority shall forthwith inform the Minister for Agriculture, Food and Rural Development, the Commissioners or the Revenue Commissioners, as the case may be, of its intention to make the vesting order.

• (3) Within 2 weeks after making a vesting order, a planning authority shall—

• (a) publish, in one or more newspapers circulating within its functional area, a notice—

• (i) stating that the order has been made,

• (ii) describing the protected structure to which it relates, and

• (iii) naming a place where a copy of the order and the attached map may be seen during office hours at the offices of the authority,

and

• (b) serve on every person appearing to the authority to have an interest in the protected structure to which the order relates, a notice stating that the order has been made and the effect of the order.

75. Form and effect of vesting order.

75.—(1) A vesting order by which a planning authority acquires a protected structure under this Part shall be in the prescribed form, and shall have attached to it a map showing the location of the protected structure.

• (2) A vesting order shall be expressed and shall operate to vest the protected structure to which it relates in the planning authority in fee simple, free from encumbrances and all estates, rights, titles and interests of whatsoever kind on a specified date (in this section referred to as the vesting date) not earlier than 3 weeks after the making of the order.

• (3) Notwithstanding subsection (2), where a planning authority has acquired by a vesting order a protected structure which is subject, either alone or in conjunction with other land, to an annual sum payable to the Minister for Agriculture, Food and Rural Development or the Commissioners, the planning authority shall become and be liable, as from the vesting date, for the payment to that Minister or those Commissioners, as the case may be, of—

• (a) that annual sum, or

• (b) such portion of it as shall be apportioned by the Minister or the Commissioners, as the case may be,

as if the protected structure had been transferred to the authority by the owner on that date.

• (4) For the purposes of subsection (3), an “annual sum” means a purchase annuity, a payment in lieu of rent, or any other annual sum that is not merely a rent under a contract of tenancy.

76. Registration of acquired title and amendment of vesting order.

76.—(1) On making a vesting order in relation to a protected structure, a planning authority shall send the order to the registering authority which, on receipt of the order, shall immediately cause the planning authority to be registered as owner of the land in accordance with the order.

• (2) On the application of any person, a planning authority may amend a vesting order made by the authority if—

• (a) the authority is satisfied that the vesting order contains an error, whether occasioned by it or otherwise, and

• (b) the error may be rectified without injustice to any person.

• (3) Where a copy of an order under subsection (2), amending a vesting order, is lodged with the registering authority, that authority shall rectify its register in such manner as may be necessary to make the register conform with the amending order.

77. Compensation for interest in protected structure.

77.—(1) Any person who, immediately before a vesting order is made, has any estate or interest in, or any right in respect of, the protected structure acquired by the order, may apply to the planning authority within one year (or such other period as the High Court, on application to it, may allow) after the making of the order for compensation in respect of the estate, interest or right.

• (2) On application under subsection (1), the planning authority shall, subject to subsection (4), pay to the applicant by way of compensation an amount equal to the value (if any) of the estate, interest or right.

• (3) The compensation to be paid by the planning authority under this section in relation to any estate, interest or right in respect of the protected structure shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

• (4) Where, after a planning authority makes a vesting order in relation to a protected structure, any sum (including a sum for costs) remains due to the authority by any person under an order of a court for payment of an amount due (whether under this Act or any other Act, or whether remaining due after deducting expenses reasonably incurred by the authority under this Act in relation to the structure), the amount of any compensation payable to that person under this section shall be reduced by the amount of that sum.

• (5) Section 69 to 79 of the Lands Clauses Consolidation Act, 1845, as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890, or any other Act, shall apply in relation to compensation to be paid by a planning authority under this section as if such compensation were a price or compensation under that Act as so amended.

• (6) Where money is paid into court by the planning authority under section 69 of the Lands Clauses Consolidation Act, 1845, as applied by this section, no costs shall be payable by that authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such money.

78. Use of protected structure acquired by planning authority.

78.—A planning authority may—

• (a) use a protected structure acquired by it under this Act or any other enactment for any purpose connected with its functions, or

• (b) sell, let, transfer or exchange all or any part of that protected structure,

and in so doing shall have regard to its protected status.

79. Obligations of sanitary authorities in respect of protected structures.

79.—(1) Before issuing a notice under section 3(1) of the Local Government (Sanitary Services) Act, 1964, in respect of a protected structure or a proposed protected structure, a sanitary authority shall consider—

• (a) the protected status of the structure, and

• (b) whether, instead of a notice under section 3(1) of that Act, a notice should be issued under section 59(1) or section 11 of the Derelict Sites Act, 1990.

• (2) As soon as practicable after serving or proposing to serve a notice in accordance with section 3(1) of the Local Government (Sanitary Services) Act, 1964, in respect of a protected structure or a proposed protected structure, a sanitary authority shall inform the Minister for Arts, Heritage, Gaeltacht and the Islands of the particulars of the notice if he or she recommended that the structure be protected.

• (3) A sanitary authority which carries out works on a protected structure, or a proposed protected structure, under section 3(2) of the Local Government (Sanitary Services) Act, 1964, shall as far as possible preserve that structure (or elements of that structure which may be of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest), in as much as the preservation of that structure is not likely to cause a danger to any person or property.

• (4) When carrying out works in accordance with section 3(2) of the Local Government (Sanitary Services) Act, 1964, on a protected structure or a proposed protected structure, a sanitary authority shall, as soon as practicable, inform the Minister for Arts, Heritage, Gaeltacht and the Islands of the works if he or she recommended that the structure be protected.

80. Grants to planning authorities in respect of functions under this Part.

80.—With the consent of the Minister for Finance, the Minister may, out of moneys provided by the Oireachtas, make grants to planning authorities in respect of any or all of their functions under this Part, including grants for the purpose of defraying all or part of the expenditure incurred by them in—

• (a) assisting persons on whom notice is served under section 59(1) or 60(2) in carrying out works in accordance with the notice, and

• (b) assisting any other person in carrying out works to protected structures in accordance with such conditions as may be specified by a planning authority for the receipt of such assistance.

Chapter II Architectural Conservation Areas and Areas of Special Planning Control

81. Architectural conservation areas.

81.—(1) A development plan shall include an objective to preserve the character of a place, area, group of structures or townscape, taking account of building lines and heights, that—

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

• (b) contributes to the appreciation of protected structures,

if the planning authority is of the opinion that its inclusion is necessary for the preservation of the character of the place, area, group of structures or townscape concerned and any such place, area, group of structures or townscape shall be known as and is in this Act referred to as an “architectural conservation area”.

• (2) Where a development plan includes an objective referred to in subsection (1), any development plan that replaces the first-mentioned development plan shall, subject to any variation thereof under section 13, also include that objective.

82. Development in architectural conservation areas.

82.—(1) F460[Notwithstanding paragraph (a), (h), (i), (ia), (j), (k) or (l) of section 4(1), or any regulations made under section 4(2),] the carrying out of works to the exterior of a structure located in an architectural conservation area shall be exempted development only if those works would not materially affect the character of the area.

• (2) In considering an application for permission for development in relation to land situated in an architectural conservation area, a planning authority, or the Board on appeal, shall take into account the material effect (if any) that the proposed development would be likely to have on the character of the architectural conservation area.

83. Power to acquire structure or other land in architectural conservation area.

83.—(1) A planning authority may acquire, by agreement or compulsorily, any land situated within an architectural conservation area if the planning authority is of the opinion—

• (a) that it is necessary to so do in order to preserve the character of the architectural conservation area, and

• (b) (i) the condition of the land, or the use to which the land or any structure on the land is being put, detracts, or is likely to detract, to a material degree from the character or appearance of the architectural conservation area, or

• (ii) the acquisition of the land is necessary for the development or renewal of the architectural conservation area or for the provision of amenities in the area.

• (2) A planning authority shall not compulsorily acquire any land under subsection (1) that is lawfully occupied as a dwelling house by any person other than a person employed therein as a caretaker.

• (3) Sections 71(2) to 78 of this Act shall, subject to any necessary modifications, apply to acquisitions under subsection (1) and references in those provisions to a protected structure shall, for the purposes of this section, be construed as references to a structure or other land situated within an architectural conservation area.

84. Area of special planning control.

84.—(1) A planning authority may, if it considers that all or part of an architectural conservation area is of special importance to, or as respects, the civic life or the architectural, historical, cultural or social character of a city or town in which it is situated, prepare a scheme setting out development objectives for the preservation and enhancement of that area, or part of that area, and providing for matters connected therewith.

• (2) Without prejudice to the generality of subsection (1), a scheme prepared under that subsection may include objectives (and provisions for the furtherance or attainment of those objectives) for—

• (a) the promotion of a high standard of civic amenity and civic design;

• (b) the preservation and protection of the environment, including the architectural, archaeological and natural heritage;

• (c) the renewal, preservation, conservation, restoration, development or redevelopment of the streetscape, layout and building pattern, including the co-ordination and upgrading of shop frontages;

• (d) the control of the layout of areas, density, building lines and height of structures and the treatment of spaces around and between structures;

• (e) the control of the design, colour and materials of structures, in particular the type or quality of building materials used in structures;

• (f) the promotion of the maintenance, repair or cleaning of structures;

• (g) the promotion of an appropriate mix of uses of structures or other land;

• (h) the control of any new or existing uses of structures or other land;

• (i) the promotion of the development or redevelopment of derelict sites or vacant sites; or

• (j) the regulation, restriction or control of the erection of advertisement structures and the exhibition of advertisements.

• (3) A scheme prepared under subsection (1) shall be in writing and shall be consistent with the objectives of the relevant development plan and any local area plan or integrated area plan (within the meaning of the Urban Renewal Act, 1998) in force relating to the area to which the scheme relates.

• (4)
• (a) A scheme prepared under subsection (1) shall indicate the period for which the scheme is to remain in force.

• (b) A scheme may indicate the order in which it is proposed that the objectives of the scheme or provisions for their furtherance or attainment will be implemented.

• (5) A scheme shall contain information, including information of such class or classes as may be prescribed by the Minister, on the likely significant effects on the environment of implementing the scheme.

• F461[(6) In this section, and sections 85 and 86—

"city" means—

• (a) the administrative area of a city council,

• (b) a municipal district that includes the area of a city to which subsection (6) of section 10 (inserted by the Local Government Reform Act 2014) of the Local Government Act 2001 relates;

"municipal district" has the meaning given to it by section 22A (inserted by the Local Government Reform Act 2014) of the Local Government Act 2001;

"town" means a municipal district with a population in excess of 2,000 that is not a municipal district to which paragraph (b) of the definition of "city" relates.]

85. Special planning control scheme.

85.—(1) Subsection (2), (3), (4), (5) and (6) shall, upon the passing of a resolution by the planning authority concerned, be complied with in relation to the scheme specified in the resolution.

• (2) The planning authority shall, as soon as may be after the passing of a resolution under subsection (1)—

• (a) notify in writing the Minister, the Board and such other persons as may be prescribed, of the preparation of the scheme,

• (b) send copies of the scheme to each of the persons referred to in paragraph (a), and

• (c) publish a notice of the preparation of the scheme in one or more newspapers circulating in the city or town concerned.

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

• (a) indicate the place or places at which, and the period (being not less than 8 weeks) during and times at which, a copy of the scheme may be inspected (and a copy of the scheme shall be kept available for inspection accordingly), and

• (b) invite submissions or observations in relation to the scheme within such period (being not less than 8 weeks) as is specified in the notice.

• (4)
• (a) Where the scheme prepared under subsection (1) includes an objective or provision relating to—

• (i) the co-ordination, upgrading or changing of specified shop frontages,

• (ii) the control of the layout of specified areas, the density, building lines and height of specified structures and the treatment of spaces around and between specified structures,

• (iii) the control of the design, colour and materials of specified structures,

• (iv) the promotion of the maintenance, repair or cleaning of specified structures,

• (v) the control of the use or uses of any specified structure or other land in the area,

• (vi) the discontinuance of the existing use of any specified structure or other land,

• (vii) the development or redevelopment of specified derelict or vacant sites, or

• (viii) the control of specified advertisement structures or of the exhibition of specified advertisements,

the planning authority shall, as soon as may be after the making of a resolution under subsection (1), notify in writing each person who is the owner or occupier of land thereby affected, of the objective or provision concerned.

• (b) A notice under paragraph (a) shall refer to the land concerned and shall—

• (i) specify the measures that are required to be undertaken in respect of the structure or other land to ensure compliance with the proposed objective or objectives,

• (ii) indicate the place or places at which, and the period (being not less than 8 weeks) during and times at which, a copy of the scheme may be inspected (and the copy shall be kept available for inspection accordingly), and

• (iii) invite submissions or observations in relation to the proposed objective or provision within such period (being not less than 8 weeks) as is specified in the notice.

• (5)
• (a) Not later than 12 weeks after giving notice under subsection (2) and, where appropriate, a notification under subsection (4), whichever occurs later, the F462[chief executive] of a planning authority shall prepare a report on any submissions or observations received in relation to a scheme prepared under subsection (1) and shall submit the report to the members of the authority for their consideration.

• (b) A report under paragraph (a) shall—

• (i) list the persons who made submissions or observations in relation to the scheme,

• (ii) give a summary of the matters raised in those submissions or observations, and

• (iii) include the response of the F462[chief executive] to the submissions or observations.

• (6) In responding to submissions or observations made in relation to a scheme prepared under subsection (1), the F462[chief executive] of a planning authority shall take account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives of the Government or of any Minister of the Government.

• (7) A planning authority may, after considering a scheme prepared under subsection (1) and the report of the F462[chief executive] under subsection (5), by resolution, approve the scheme with or without modifications, or refuse to so approve, and a scheme so approved shall be known as and is referred to in this Part as an “approved scheme”.

• (8) An architectural conservation area, or that part of an architectural conservation area, to which a scheme approved by a planning authority under subsection (7) applies shall be known as and is referred to in this Act as an “area of special planning control”.

• (9)
• (a) Where a planning authority approves a scheme under subsection (7), it shall publish a notice thereof in one or more newspapers circulating in the city or town concerned.

• (b) A notice under paragraph (a) shall indicate the place or places at which, and times during which, an approved scheme may be inspected (and a copy thereof shall be kept available for inspection accordingly).

• (c) A planning authority shall send a copy of the scheme to the Minister, the Board and such other persons as may be prescribed.

86. Variation and review of scheme.

86.—(1) A planning authority shall, from time to time as circumstances require and in any case not later than 6 years after—

• (a) its approval under section 85(7), or

• (b) it has most recently been reviewed,

review an approved scheme and may by resolution, amend or revoke the scheme.

• (2) Where a planning authority proposes to amend an approved scheme under this section, section 85 shall, subject to any necessary modifications, apply as respects any such amendment.

• (3) Notice of the revocation of an approved scheme under this section shall be given in one or more newspapers circulating in the city or town concerned.

• (4) The amendment or revocation of an approved scheme shall be without prejudice to the validity of anything previously done thereunder.

87. Development in special planning control area.

87.—(1) F463[Notwithstanding paragraph (a), (h), (i), (ia), (j), (k) or (l) of section 4(1), or any regulations made under section 4(2),] any development within an area of special planning control shall not be exempted development where it contravenes an approved scheme applying to that area.

• (2) When considering an application for permission in relation to land situated in an area of special planning control, a planning authority, or the Board on appeal, shall, in addition to the matters set out in section 34, have regard to the provisions of an approved scheme.

• (3) An owner or occupier of land situated in an area of special planning control may make a written request to the planning authority, within whose functional area the area of special planning control is situated, for a declaration as to—

• (a) those developments or classes of development that it considers would be contrary or would not be contrary, as the case may be, to the approved scheme concerned,

• (b) the objectives or provisions of the approved scheme that apply to the land, or

• (c) the measures that will be required to be undertaken in respect of the land to ensure compliance with such objectives or provisions.

• (4) Within 12 weeks of receipt by a planning authority of a request under subsection (3), or within such other period as may be prescribed by regulations of the Minister, a planning authority shall issue a declaration under this section to the person who made the request.

• (5) A planning authority may at any time rescind or vary a declaration under this section.

• (6) The rescission or variation of a declaration under subsection (5) shall not affect any development commenced prior thereto in reliance on the declaration concerned and that the planning authority has indicated, in accordance with paragraph (a) of subsection (3), would not be contrary to an approved scheme.

• (7) A declaration under this section is without prejudice to the application of section 5.

• (8) A planning authority shall cause—

• (a) the particulars of any declaration issued by that authority under this section to be entered on the register kept by the authority under section 7, and

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

88. Service of notice relating to structures or other land in an area of special planning control.

88.—(1) A planning authority may serve a notice that complies with subsection (2) on each person who is the owner or occupier of land to which an objective or provision of an approved scheme applies.

• (2) A notice under subsection (1) shall—

• (a) refer to the structure or land concerned,

• (b) specify the date on which the notice shall come into force,

• (c) specify the measures required to be undertaken on the coming into force of the notice including, as appropriate, measures for—

• (i) the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning of any structure, or

• (ii) the discontinuance of any use or the continuance of any use subject to conditions,

• (d) invite the person on whom the notice is served, within such period as is specified in the notice (being not less than 8 weeks from the date of service of the notice) to make written representations to the planning authority concerning the notice,

• (e) invite the person to enter into discussions with the planning authority, within such period as is specified in the notice (being not less than 8 weeks from the date of service of the notice) concerning the matters to which the notice refers and in particular concerning—

• (i) the period within which the measures specified in the notice are to be carried out, and

• (ii) the provision by the planning authority of advice, materials, equipment, the services of the authority’s staff or other assistance required to carry out the measures specified in the notice,