S.I. No. 221/1964 - Local Government (Planning and Development) Act, 1963, (Permission) Regulations, 1964.

S.I. No. 221 of 1964.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963, (PERMISSION) REGULATIONS, 1964.

The Minister for Local Government in exercise of the powers conferred on him by sections 10 and 25 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) hereby makes the following Regulations :—

1. These Regulations may be cited as the Local Government (Planning and Development) Act, 1963 (Permission) Regulations, 1964.

2. In these Regulations—

" the Act " means the Local Government (Planning and Development) Act, 1963 ;

" the Minister " means the Minister for Local Government ;

" outline application " means an application for a permission, expressed to be an outline application for a permission for development subject to the subsequent approval of the planning authority;

" outline permission " means a permission for development subject to the subsequent approval of the planning authority ;

" permission " includes outline permission.

3. An application to a planning authority for a permission for the development of land or for an approval or for a permission for the retention of a structure shall be accompanied by—

(a) particulars of the interest held in the land or structure by the applicant, the name and address of the applicant, and

(b) a copy of a newspaper circulating in the area in which the land or structure is situate in which there has been published a notice in pursuance of article 9 of these Regulations, or

(c) a copy of the notice erected or fixed on the land or structure in pursuance of article 9 of these Regulations.

4. (1) An application to a planning authority for a permission for any development consisting of or mainly consisting of the carrying out of works on, in or under land or for the retention of a structure shall in addition to the matters prescribed in article 3 of these Regulations, be accompanied by such plans (including a site or layout plan and drawings of floor plans, elevations and sections) and such other particulars as are necessary to identify the land and to describe the works or structure to which the application relates.

(2) An application to a planning authority for a permission for any development consisting of or mainly consisting of the making of any material change in the use of any structure or other land or the continuance of any use of any structure or other land (whether instituted without a permission granted under Part IV of the Act or in accordance with a permission so granted for a limited period only) shall, in addition to the matters prescribed in article 3 of these Regulations be accompanied by—

(a) a statement of the existing use and the use proposed or, where appropriate, of the former use and the use proposed to be continued, together with particulars of the nature and extent of any such proposed use,

(b) (i) a plan or location map marked or coloured so as to identify the structure or other land to which the application relates, or

(ii) where the developent to which the application relates comprises the carrying out of works on, in or under the structure or other land—such plans (including a site or layout plan and drawings of floor plans, elevations and sections) and such other particulars as are necessary to identify the structure or other land to which the application relates and to describe the works proposed.

5. (1) An outline application, notwithstanding the provisions of article 4 of these Regulations, may, in addition to the matters prescribed in article 3 of these Regulations, be accompanied only by such plans and particulars as are necessary to identify the land to which the application relates and, except where the application is made under article 7 of these Regulations, to enable the planning authority to determine the siting, layout or other proposals for development in respect of which a decision is sought.

(2) An application to a planning authority for an approval shall be accompanied by such further particulars and plans as would be required under the provisions of article 4 of these Regulations if application for a permission were made under that article.

(3) An application for an approval may be related to a specified part only of the development for which an outline permission was granted and separate applications may be made in respect of other parts of the said development from time to time.

(4) An outline permission shall not operate so as to authorise the carrying out of any development until—

(a) an approval has been granted consequent on an application under sub-article (2) of this article, or

(b) as respects a specified part of the development for which an outline permission was granted, an approval has been granted for such specified part consequent on an application under sub-article (2) of this article, or

(c) until a further approval has been granted in any case where the terms of an approval granted consequent on an application under sub-article (2) of this article require such further approval to be obtained.

6. Where a planning authority receive an application for a permission which does not comply with article 4 of these Regulations and is not expressed to be an outline application they may—

(a) by notice in writing require the applicant or the person acting on his behalf to submit such further plans and particulars as are necessary for the purpose of an outline application, or

(b) grant an outline permission if the application appears to them sufficient for that purpose only, or

(c) refuse a permission if it appears to them that there are adequate reasons for such decision, or

(d) grant a permission.

7. (1) Where development of land would contravene a development plan made by the planning authority for the area in which the land is situate, an outline application made by the owner of such land may, if he so wishes, indicate in writing the type and extent of development proposed and be accompanied only by a plan or location map marked or coloured so as to identify the land to which the application relates.

(2) Where an application to which this article applies is received by a planning authority they shall not require the applicant to submit further plans, drawings or maps in relation to the development proposed unless—

(a) it appears to the planning authority that the development proposed would not contravene materially the development plan, or

(b) the planning authority are prepared to apply for the consent of the Minister under subsection (3) of section 26 of the act to the granting by the planning authority of a permission for development of the type proposed.

8. (1) Plans, drawings and maps accompanying an application for a permission or an approval shall be in duplicate and shall comply with the following requirements—

(a) buildings, roads, boundaries and other features in the vicinity of the structure or other land to which the application relates shall be shown on site plans or layout plans,

(b) drawings of elevations of any proposed structure shall show the main features of any building which would be contiguous to the proposed structure if it were erected,

(c) plans and drawings of elevations and sections shall be drawn to scale and the scale shall be indicated thereon,

(d) the north point shall be indicated on all maps and plans other than drawings of elevations and sections,

(e) plans relating to works comprising reconstruction, alteration or extension of a structure shall be so marked or coloured as to distinguish between the existing structure and the works proposed.

(2) Plans, drawings, maps and particulars accompanying each application for a permission or for an approval shall be available for public inspection at the offices of the planning authority to which the application is made, until the application or any appeal relating thereto is finally determined.

9. (1) Prior to the submission to a planning authority of an application for a permission for development, for an approval or for a permission for retention of a structure, the applicant shall give public notice of his intention to apply for a permission or an approval, by publication in a newspaper circulating in the district in which the land or structure is situate or by the erection or by the fixing of a notice on the land or structure.

(2) A notice erected or fixed for the purposes of this article on any land or structure shall be erected or fixed on or near the main entrance from a public road or in any other position on the land or structure and shall be so erected or fixed and the text shall be so printed or inscribed that the notice shall be capable of being read by persons using the public road adjoining the main entrance to the land or structure.

(3) Where a notice erected or fixed for the purposes of this article is not erected on the land or structure so as to be readily visible from the main entrance to the land or structure from a public road, the position of the notice shall be indicated on a plan accompanying the relevant application to the planning authority for a permission or an approval.

(4) (a) A notice published in a newspaper in pursuance of this article shall contain as a heading the names of the area and the city, town, or county, in which the land or structure is situate and shall state the name of the applicant, the location of the land or the address of the structure (as may be appropriate) and the extent and nature of the development in respect of which it is intended to apply for a permission or an approval or, in the case of a structure the retention of which is proposed, the name of the applicant, the location of the structure, the nature of the proposed use of the structure and the period of the proposed retention.

(b) A notice published on the land to which the application for permission or approval relates shall be headed " APPLICATION TO PLANNING AUTHORITY " and shall state the name of the applicant and the nature and extent of the development in respect of which it is intended to apply for a permission or an approval.

(c) A notice published on a structure to which an application for a permission or an approval relates shall be headed " APPLICATION TO PLANNING AUTHORITY " and shall state the name of the applicant, the nature of the proposed development, and in the case of an application for a permission for retention of a structure, the nature of the proposed use of the structure and the period of the proposed retention.

(5) Where a period of more than two weeks has elapsed between the publication in a newspaper of a notice in pursuance of this article and the making of the relevant application, or where it appears to the planning authority that any notice published in pursuance of this article is misleading or inadequate for the information of the public, or that a notice published on the land or structure to which the application relates has not been maintained in position for at least one month after the making of the relevant application or has been defaced or become illegible within such period, the planning authority may require the applicant to publish such further notice in such manner and in such terms as they may specify.

10. On receipt of an application for a permission or an approval the planning authority shall stamp the documents with the date of their receipt and shall send to the applicant or the person acting on his behalf an acknowledgment stating the date of receipt of the application.

11. (1) Where a planning authority receive an application for a permission or an approval they may (save as is provided by article 7 of these Regulations), by notice in writing, require the applicant to do any one or more of the following—

(a) to submit such further particulars, plans, drawings or maps as may be necessary to comply with these Regulations or as they may require ;

(b) to provide not more than two additional copies of any plan, drawing or map submitted ;

(c) to submit any further information relative to the application (including any information as to any estate or interest in or right over land) ;

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

(2) Where an applicant fails or refuses to comply with any requirement under this article within one month of such requirement, the planning authority may, if they think fit, determine the application in the absence of the particulars, plans, drawings, maps, information or evidence specified in the requirement.

12. (1) Where a planning authority receive an application for a permission for the development of any land or for the retention of any structure, they shall send notice of the nature of the application and of the date of receipt of the application—

(a) where it appears to the planning authority that the land or structure is situate in an area of special amenity, whether or not an order in respect of that area has been made under section 42 of the Act, or that the development or retention of the structure would obstruct any view or prospect of special amenity value or special interest—to An Chomhairle Ealaíon, Bord Fáilte Éireann and An Taisce—the National Trust for Ireland,

(b) where it appears to the planning authority that the development or retention would obstruct or detract from the value of any tourist amenity works—to Bord Fáilte Éireann,

(c) where it appears to the planning authority that the development or retention would be unduly close to any cave, site, feature or other object of archaeological, geological or historical interest, or would detract from the appearance of any building of artistic, architectural or historical interest, or, in either case, would obstruct any scheme for improvement of the surroundings of or any means of access to any such place, object or structure—to An Chomhairle Ealaíon, Bord Fáilte ÉEireann, The National Monuments Advisory Council and An Taisce—the National Trust for Ireland,

(d) where it appears to the planning authority that the development or retention would obstruct or detract from the value of any existing or proposed development by a local authority—to such local authority,

(e) where it appears to the planning authority that if permission were granted, a condition should be attached under paragraph (f) of subsection (2) of section 26 of the Act—to any local authority (other than the planning authority) which would be affected under subsection (7) of section 26 of the Act.

(2) Where a planning authority have given notice under this article, the planning authority shall notify each body to whom such notice was given of the decision of the planning authority in respect of the application within seven days of the making of such decision.

13. (1) Where a planning authority, having considered an application for a permission for development of land or for the retention of a structure, apply to the Minister under subsection (3) of section 26 of the Act for his consent to the grant of any permission, they shall, within seven days of such application, publish in at least one newspaper circulating in their area a notice in the form set out in Part I of the Schedule hereto or in a form substantially to the like effect.

(2) The planning authority shall furnish to the Minister a copy of the newspaper in which a notice under this article has been published by them.

14. (1) Every notification given by a planning authority of a decision on an application for a permission to develop land or for an approval or for a permission for the retention of a structure, or given by the Minister of a decision on an appeal, shall specify—

(a) the reference number relating to the application in the register of the planning authority,

(b) the nature of the decision,

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

(d) the date of the relevant decision,

(e) in the case of a decision to grant any permission or approval for the construction, erection or making of a structure and to specify the purposes for which the structure may be used—such purposes,

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

(g) in the case of any decision to refuse permission or approval or to grant permission or approval subject to conditions—the reasons for such refusal or for the imposition of the conditions.

(2) Every notification of a decision to grant a permission or an approval for development of land involving the carrying out of works shall indicate if any further approval is required in accordance with these Regulations.

(3) Every notification of a decision by a planning authority to grant any permission or approval shall indicate that the permission or approval (as may be appropriate) shall be issued on the expiration of the period for the taking of an appeal if there is then no appeal before the Minister.

(4) Every notification of a decision by a planning authority on an application for a permission or for an approval shall indicate that an appeal against the decision may be made to the Minister by the applicant within one month from the date of receipt by the applicant of the notification or by any other person within twenty-one days of the date of the decision.

15. Every notification by a planning authority of a grant of a permission and of the grant of an approval shall be in the form set out in Part II of the Schedule hereto or in a form substantially to the like effect.

16. (1) The Minister shall have the same powers under these Regulations in relation to an appeal arising out of a decision on an application for a permission or an approval as are conferred by these Regulations on a planning authority in relation to such application.

(2) In the case of an application for the consent of the Minister under subsection (3) of section 26 of the Act the Minister may require the applicant for the relevant permission or approval to submit to him such plans or particulars as he may consider necessary for proper consideration of the application.

(3) Where a decision of a planning authority on an application for a permission or an approval has given rise to an appeal to the Minister, the planning authority shall submit to the Minister the application, plans and particulars received or obtained by them from the applicant together with such further documents or information in their possession or procurement as the Minister may require.

17. A planning authority may provide forms and instructions for the convenience or information of any persons intending to make application for a permission or an approval under these Regulations.

SCHEDULE.

Part I

Article 13.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963 .

Planning Register No....................

Notice is hereby given that on the..........day of..........19....., application was made by..........(name of planning authority)..........to the Minister for Local Government for his consent to the grant of a permission or the..........(indicate nature of development)..........at..........(indicate location of land or structure)..........

Particulars of the development proposed and of the decision of the planning authority may be obtained by any person at............................................................ (name and address of office of planning authority).................... during normal office hours. Objections by any persons to the grant of consent will be considered by the Minister for Local Government if submitted to him in writing within twenty-one days of his receipt of the application for consent.

Signature ............................................................ 

County Secretary/Town Clerk.*

Date .............................................

*Delete words which do not apply.

Part II.

Article 15.

Notification of a grant of

a permission or an approval.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963 .

To............................................................ .................................................. Reference No. in Register

Address ............................................................ ...................................... of (name of planning

 ............................................................ ...................................... authority)

............................................................ ..............on...................................(date)......................

at....................................(location of land or structure) ............................................................ ..........................

above (for use as........................(specify purpose) ....................................................† subject to the following condition(s)*—

............................................................ ............................................................ ...........................................................

............................................................ ............................................................ ...........................................................

............................................................ ............................................................ ...........................................................

Signed on behalf of (name of planning authority)

County Secretary/Town Clerk.*

Date................................

*Delete words which do not apply.

†To be inserted only where it has been decided to specify purposes for which a new structure may be used—see S. 28 (6). Other uses may be excluded by a condition.

GIVEN under the Official Seal of the Minister for Local Government this seventh day of September, 1964.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations, which are made under sections 10 and 25 of the Local Government (Planning and Development) Act, 1963 , provide for the grant of permissions for the development of land and the retention of structures which are unauthorised structures on the day appointed under the Local Government (Planning and Development) Act, 1963 (i.e. 1st October, 1964). They also provide for the giving of outline permissions for development subject to the subsequent approval of the planning authority, for the giving of notices in relation to applications for permission and for the plans and information to be given to the planning authority by applicants for permission.