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22 1934

TOWN AND REGIONAL PLANNING ACT, 1934

PART IV.

Contents of Planning Schemes.

Statement of relevant area in planning schemes.

37. —Every planning scheme shall specify and define clearly the area to which it relates, and no provision contained in such scheme shall apply or purport to apply outside such area.

Nomination of the responsible authority.

38. —(1) Every planning scheme—

(a) shall name either one local authority to be the responsible authority for the purposes of such scheme or two or more local authorities to be the several responsible authorities for the purposes of such scheme, and

(b) may assign to a local authority so named in such scheme duties and functions in relation to the enforcement and carrying out of such scheme and in particular (subject to the provisions of this section) the doing for the purposes of such scheme of all or any of the following things, that is to say, the execution of any public work, the undertaking of any public service, or the acquisition of any land.

(2) Where a planning scheme names two or more local authorities to be the several responsible authorities for the purposes of such scheme, such scheme shall specify the area in respect of which or the purposes for which each of such local authorities is to be the responsible authority.

(3) A planning scheme shall not assign to a local authority named therein as a responsible authority the duty of executing any public work, undertaking any public service, or acquiring any land for any purpose unless such local authority has power by law to execute such work, undertake such service, or acquire such land for such purpose either under a statute other than this Act, or under a provision of this Act expressly conferring such power, or under a statute which is, by virtue of this Act, declared by a planning scheme to be in force in the area in which such work is to be executed or such service is to be undertaken or such land is to be acquired, as the case may be.

(4) In this Act (except this section) the expression “the responsible authority” shall be construed as referring to the local authority which is the responsible authority under the planning scheme in the area, and for the purpose in relation to which the expression is used.

Establishment and maintenance of the register.

39. —Every planning scheme shall provide for the establishment and maintenance by one specified responsible authority of a register (in this Act referred to as the register) in the prescribed form of all such things as are required by this Act to be entered in the register in relation to or for the purposes of such scheme, and shall also provide for the keeping of such register open to public inspection free of charge in a convenient place at all reasonable times, and, where appropriate, for the making of entries in such register by responsible authorities who are not the responsible authority charged with the duty of maintaining such register.

Certain provisions which may be contained in planning schemes.

40. —(1) A planning scheme may contain provisions for all or any of the following purposes in relation to the area to which the scheme relates and may contain different such provisions in respect of different parts of such area, that is to say:—

(a) for regulating the construction, extension, diversion, alteration, and closing of roads and ways, and in particular for all or any of the purposes mentioned in Part I of the Second Schedule to this Act;

(b) for regulating and controlling the making, alteration, and user of structures and the objects which may be affixed to structures, and in particular for all or any of the purposes mentioned in Part II of the Second Schedule to this Act;

(c) for preserving, improving, and extending the amenities of the area to which the scheme applies, and in particular for all or any of the purposes mentioned in Part III of the Second Schedule to this Act;

(d) for all or any of the purposes in relation to public services mentioned in Part IV of the Second Schedule to this Act;

(e) for all or any of the purposes in relation to transport and communication mentioned in Part V of the Second Schedule to this Act;

(f) for all or any of the miscellaneous purposes mentioned in Part VI of the Second Schedule to this Act.

(2) A planning scheme may also contain any provision which is ancillary or incidental to or consequential on any provision authorised by the next foregoing sub-section of this section.

(3) A planning scheme may, for the purpose of making effective any such provision as is authorised by the first sub-section of this section, contain provisions—

(a) controlling, restricting or prohibiting, either generally or in particular circumstances or cases, the exercise or acquisition of rights of way, rights of light, and other easements within the area or any particular part of the area to which the scheme relates, or

(b) controlling and limiting the purposes for and manner in which any particular land or all land in any particular part of the area to which the scheme relates may be used, including prohibiting the use of such land for any purpose except a specified purpose or class of purposes or in any manner except a specified manner.

(4) A planning scheme may determine the manner in and the area over which all or any of the expenses incurred by a local authority in or in relation to the making, enforcement, and carrying out of such planning scheme, (other than expenses incurred in doing any act or thing by virtue of a power or authority conferred by an enactment other than this Act) shall be defrayed and raised, and whenever a planning scheme contains any such determination, the expenses to which such determination relates shall, notwithstanding anything contained in this Act, be defrayed and raised in accordance with such determination.

(5) A planning scheme may provide that a specified statute which is not in force in the area or a particular part of the area to which such scheme relates but could lawfully be adopted or otherwise put in force in such area or particular part thereof by any person, authority, or means other than an Act of the Oireachtas shall for the purposes of such scheme be deemed to have been so put in force and that all (if any) consents and sanctions necessary for such putting in force shall be deemed to have been given and that such statute shall for the said purposes be in force accordingly.

Saving for national monuments.

41. —A planning scheme shall not contain any provision which restricts, prejudices, or affects the powers or duties of the Minister for Finance, the Commissioners of Public Works in Ireland, or any local authority under the National monuments Act, 1930 (No. 2 of 1930), in relation to national monuments as defined by that Act or any particular such monument.

Power for responsible authority to acquire land.

42. —(1) At any time after a planning scheme comes into operation, the responsible authority shall, in addition and without prejudice to any power of acquiring land conferred by any other Act, have power to acquire land in the area to which such scheme relates in any of the following circumstances, that is to say:—

(a) where the land is required for the improvement, in accordance with such scheme, of the frontage of any road or for controlling, in accordance with such scheme, the development of the frontage of any road or

(b) where the land is held in separate plots and, by reason of either the inconvenient arrangement or shape of such plots or the multiplicity of interests in such land, it is not reasonably practicable for such land to be developed in accordance with such scheme unless such land is acquired by the responsible authority, or

(c) where the land is part of the site of a road which has been closed in pursuance of a provision contained in such scheme.

(2) For the purpose of the acquisition of land by a responsible authority under this section, sections 203, 214, and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Local Government Act, 1925 (No. 5 of 1925), shall apply as if those sections as so amended were herein re-enacted and made applicable to such responsible authority with and subject to the modifications made by this Act in the procedure under the said sections.

(3) A responsible authority may at any time, with the consent of the Minister, sell or let by public auction or private treaty in suitable lots any land acquired by such authority under this section.

Modification of procedure for acquisition of land.

43. —(1) Where a responsible authority proposes to acquire (otherwise than by agreement) land for the purposes of a planning scheme, whether in exercise of a power conferred by a statute other than this Act or of a power expressly conferred by this Act, the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month and, in such case, the notices mentioned in the said sub-section shall be served in the month next succeeding the month in which the said advertisements are published.

(2) Any enactment, whereby a local authority acquiring land under the Lands Clauses Acts is required to obtain a provisional order or to carry out any other preliminary procedure before putting into force in relation to such land the powers conferred by the said Acts for taking land otherwise than by agreement, shall not have effect in relation to the acquisition by a local authority of any particular land in pursuance of a provision in a planning scheme expressly requiring that land to be acquired by such local authority for the purposes of such scheme.

Suspension of acts, orders, etc., by planning schemes.

44. —(1) Where a planning scheme contains provisions in relation to the whole or any particular part of the area to which such scheme relates which are similar in effect to or are inconsistent with any enactment contained in an Act in force in the whole or such particular part (as the case may be) of such area or any enactment contained in any order, bye-law, or regulation made by a local authority under any such Act and so in force, such planning scheme may, subject to the provisions of this section, contain any such provisions (in this section collectively referred to as suspensory provisions) as are mentioned in whichever of the following paragraphs is applicable, that is to say:—

(a) in the case of an enactment contained in a public general British statute or a public Act of the Oireachtas, suspending the operation of such enactment in the whole or such particular part (as the case may be) of such area;

(b) in the case of an enactment contained in a local British statute or a private Act of the Oireachtas, suspending the operation or amending, adapting, or modifying the provisions of such enactment in relation to the whole or such particular part (as the case may be) of such area;

(c) in the case of an enactment contained in any such order, bye-law, or regulation as aforesaid, suspending the operation or amending, adapting, or modifying the provisions of such enactment in relation to the whole or such particular part (as the case may be) of such area.

(2) Subject to the provisions of the next following sub-section of this section, no suspensory provision contained in a planning scheme shall come into operation or have effect unless or until such suspensory provision has been confirmed by a resolution passed by each House of the Oireachtas.

(3) The next preceding sub-section of this section shall not apply in respect of any suspensory provision—

(a) relating solely to an enactment which could under any Act (other than this Act) have been made in relation to the area to which such suspensory provision applies by means of an order, bye-law, or regulation not requiring confirmation by the Oireachtas, or

(b) relating solely to an enactment which had previously been the subject of a suspensory provision contained in another planning scheme and confirmed under this section by a resolution passed by each House of the Oireachtas or relating solely to an enactment having substantially the same effect as an enactment which had previously been the subject of a suspensory provision so contained and confirmed as aforesaid.

Appeal from control of design, etc, of structures.

45. —(1) Where a planning scheme contains a provision conferring on the responsible authority power to regulate and control (whether generally or in particular areas) the design, colour, or materials of structures, any person aggrieved by a decision of the responsible authority made in exercise of such power may appeal from such decision to the Justice of the District Court having jurisdiction in the district in which is situate the structure to which such decision relates, and on such appeal such Justice may, as he shall think proper, affirm, vary, reverse, or annul such decision.

(2) A planning scheme which contains any such provision as is mentioned in the next preceding sub-section of this section may contain a provision that the appeal under that sub-section shall lie to a special tribunal of persons of special knowledge or practical experience constituted in such manner as may be stated in such provision in lieu of the Justice of the District Court, but in such case an appeal shall lie from every decision of such special tribunal to the Judge of the Circuit Court having jurisdiction in the Circuit in which is situate the structure to which such decision relates, and the decision of such Judge shall be final.

(3) The grounds on which an appeal under this section may be brought shall include the ground that carrying into effect the decision the subject of such appeal would involve unreasonable expense having regard to the character of the locality in which is situate the structure to which such decision relates and to the character of the neighbouring structures.

Contribution by one local authority to expenses incurred by another local authority.

46. —A planning scheme may provide for the payment by a local authority (in this section referred to as the contributing authority) to another local authority of a contribution towards all or any of the expenses incurred by the last-mentioned local authority in or in relation to the making, enforcement, and carrying out of such planning scheme, and whenever a planning scheme contains any such provision the contributing authority shall pay such contribution accordingly.