S.I. No. 342/1982:

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (AMENDMENT) REGULATIONS, 1982.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (AMENDMENT) REGULATIONS, 1982.

The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), and by section 25 of that Act as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976), and by sections 20 and 35 of the Local Government (Planning and Development) Act, 1976 , and by section 11 of the Local Government (Planning and Development) Act, 1982 (No. 21 of 1982), hereby makes the following Regulations:--

PART I PRELIMINARY AND GENERAL

1. (1) These Regulations may be cited as the Local Government (Planning and Development) (Amendment) Regulations, 1982.

(2) These Regulations, the Local Government (Planning and Development) Regulations, 1977 to 1980 and the Local Government (Planning and Development) (Amendment) Regulations, 1981 ( S.I. No. 154 of 1981 .) may be cited together as the Local Government (Planning and Development) Regulations, 1977 to 1982.

2. These Regulations shall come into operation on the 1st day of December, 1982.

3. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.

(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) ( a ) In these Regulations--

"the Act of 1982" means the Local Government (Planning and Development) Act, 1982 ;

"the Acts" means the Local Government (Planning and Development) Acts, 1963 to 1982;

"the appropriate period" has the meaning assigned to it in section 2 (5) of the Act of 1982;

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

"permission" includes outline permission;

"approval" means an approval consequent on an outline permission or an approval which is required to be obtained under a condition subject to which a permission or an approval is granted under the Acts;

"the 1977 Regulations" means the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 ).

( b ) In these Regulations, any reference to a decision to extend or further extend the appropriate period as regards a particular permission shall include a reference to such a decision which is regarded as having been given by virtue of section 4 (2) of the Act of 1982 and cognate expressions shall be construed accordingly.

PART II EXTENSION OF DURATION OF PLANNING PERMISSION

4. An application under section 4 of the Act of 1982 to extend or further extend the appropriate period as regards a particular permission shall be made not earlier than one year before the expiration of the appropriate period sought to be extended.

5. An application under section 4 of the Act of 1982 to extend the appropriate period as regards a particular permission shall be made in writing and shall contain the following particulars--

( a ) the name and address of the applicant,

( b ) the location of the structure or other land to which the permission relates,

( c ) the development to which the permission relates,

( d ) particulars of the interest held in the relevant structure or other land by the applicant,

( e ) the date and reference number in the register of the planning authority of the permission,

( f ) in the case of an outline permission, the date and reference number in the register of the planning authority of the subsequent approval or approvals,

( g ) the date on which the permission will cease, or has ceased, to have effect,

( h ) the date of commencement of the development to which the permission relates,

( i ) particulars of the substantial works carried out pursuant to the permission before the expiration of the appropriate period,

( j ) the additional period by which the permission is sought to be extended, and

( k ) the date on which the development is expected to be completed.

6. An application under section 4 of the Act of 1982 to further extend the appropriate period as regards a particular permission shall be made in writing and shall contain the particulars referred to at paragraphs (a) to (h) inclusive of article 5 and also the following particulars--

( a ) particulars of the works (if any) carried out pursuant to the permission since the permission was extended or further extended,

( b ) the period by which the permission is sought to be further extended,

( c ) the date on which the development is expected to be completed, and

( d ) the circumstances beyond the control of the person carrying out the development due to which the development has not been completed during the period by which the permission has been extended or further extended.

7. (1) Where a planning authority receive an application to extend or further extend an appropriate period, they may by notice in writing require the applicant to do any one or more of the following--

( a ) to submit such information or particulars as may be necessary to comply with article 5 or article 6, as the case may require,

( b ) to submit such further information as they may require to consider the application (including any information regarding any estate or interest in or right over land),

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

(2) A planning authority shall not require an applicant who has complied with a requirement under sub-article (1) to submit any further particulars, evidence or information save as may be reasonably necessary to clarify the matters dealt with in the applicant's response to the said requirement or to enable those matters to be considered or assessed.

(3) 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, information or evidence specified in the requirement.

8. (1) Every notification given by a planning authority of a decision on an application to extend or further extend the appropriate period as regards a particular permission shall specify--

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

( b ) the date of the permission,

( c ) the development to which the decision relates,

( d ) the date of the decision,

( e ) the nature of the decision,

( f ) in the case of a decision to extend or further extend the appropriate period, the additional period by which that period has been extended, and

( g ) in the case of a decision to refuse to extend or further extend the appropriate period, the reasons for such refusal.

(2) The form set out in the Schedule, or a form substantially to the like effect, shall be the form of every notification by a planning authority of a decision to extend or further extend the appropriate period as regards a permission.

PART III AMENDMENT OF 1977 REGULATIONS

9. The 1977 Regulations are hereby amended by the substitution for Article 29 of the following article:

"29. (1) Where a planning application is received by a planning authority, the following shall, during the specified period, be available for public inspection during office hours at the office of the planning authority--

( a ) the application and any plans, drawings, maps and particulars accompanying it,

( b ) any further particulars, plans, drawings or maps submitted by the applicant in relation to the application,

( c ) a copy of any written study submitted in pursuance of article 28, and

( d ) in the case of an application for an approval, the documents referred to in paragraphs (a), (b) and (c) relating to any permission or other approval to which the application relates.

(2) The specified period for the purposes of this article shall be--

( a ) from the time of receipt of the relevant document until the application or any appeal relating thereto is determined, and

( b ) where any permission or approval is granted, a further period until the expiration of the appropriate period under the Act of 1982 in relation to the relevant permission.

10. The 1977 Regulations are hereby amended by the addition after article 30 of the following article:

"30A. Without prejudice to any other provision of these Regulations, a planning authority shall not decide to grant or to refuse a permission or an approval until after the expiration of a period of fourteen days beginning on--

( a ) in case the applicant has been required pursuant to article 23 to publish a further notice of the relevant application, the day on which that requirement has been complied with,

( b ) in any other case, the day of receipt by the planning authority of the application."

11. The 1977 Regulations are hereby amended by--

( a ) the insertion in article 31 of the following paragraph after paragraph (f):

"(ff) in the case of a decision to grant any permission--any period specified by the planning authority pursuant to section 3 of the Act of 1982 as the period during which the relevant permission is to have effect,";

( b ) the substitution for article 33 of the following article:

"33. (1) Subject to sub-article (2), Form No. 2 set out in the Second Schedule, or a form substantially to the like effect, shall be the form of every notification by a planning authority of a grant of permission or an approval.

(2) Where a planning authority in deciding to grant a permission specify a period pursuant to section 3 of the Act of 1982 as the period during which the relevant permission is to have effect the form shall include a statement of the period so specified."; and

( c ) the insertion in article 48 of the following paragraph after paragraph (e):

"( ee ) in the case of a decision to grant any permission--any period specified by the Board pursuant to section 3 of the Act of 1982 as the period during which the relevant permission is to have effect,".

12. The 1977 Regulations are hereby amended by--

( a ) the insertion in article 13 of the following definitions after the definition of "planning application":

"the Act of 1982" means the Local Government (Planning and Development) Act, 1982 ;

"the appropriate period" has the meaning assigned to it in section 2 (5) of the Act of 1982;

( b ) the substitution in article 32 (2) of the words "submissions or observations" for the words "representations or objections";

( c ) the deletion of sub-articles (1), (2) and (3) of article 67; and

( d ) the deletion of article 68.

SCHEDULE

Notification of a decision to extend or further extend the appropriate period as regards a planning permission.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1982.

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

Name of Planning Authority ...................

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

To ...................................................

Address ...........................................

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

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

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

Application by or on behalf of ............................................................ ............................................................ .............

of (address) ............................................................ ............................................................ ..............................................

on (date) ............................................................ ....... for further ¹ extension of the outline ¹ permission for

.......................................² at ............................................................ ...................................

........................................³ granted on ............................................................ ...................

⁴ Reference No. as above

A decision to further ¹ extend the appropriate period as regards the above-mentioned outline ¹ permission was made on (date) ............................................................ ...

The outline ¹ permission will now cease to have effect on (date) .....................................

Dated this ........ day of ............................................. 19 ....................

Signed ............................................................ ...........

County Secretary/Town Clerk¹

DIRECTIONS FOR COMPLETING THIS FORM

¹ Delete words which do not apply.

² Indicate nature of developement.

³ Indicate location of land or structure.

⁴ Insert date of permission.

GIVEN under the Official Seal of the Minister for the Environment this 30th

day of November, 1982.

RAPHAEL P. BURKE,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for matters of procedure in relation to--

( a ) applications to planning authorities under the Local Government (Planning and Development) Act, 1982 , for extension of the duration of planning permissions,

( b ) decisions by planning authorities on such applications.

The Regulations provide for consequential amendments of the Local Government (Planning and Development) Regulations, 1977 and also amend those Regulations so as to require that a minimum period of fourteen days must elapse between the making of a planning application (or the publication at the planning authority's request, of a further public notice) and the determination of the application.