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30 2000

PLANNING AND DEVELOPMENT ACT, 2000

Chapter II

Architectural Conservation Areas and Areas of Special Planning Control

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.

Development in architectural conservation areas.

82. —(1) Notwithstanding section 4 (1)(h), 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.

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.

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.

(6) In this section, and sections 85 and 86

“city” means a county borough;

“town” means a borough (other than a county borough), an urban district or a town having town commissioners that has a population in excess of 2,000.

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 manager 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 manager to the submissions or observations.

(6) In responding to submissions or observations made in relation to a scheme prepared under subsection (1), the manager 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 manager 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.

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.

Development in special planning control area.

87. —(1) Notwithstanding section 4 and any regulations made thereunder, 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.

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,

(f) specify the period within which, unless otherwise agreed in the discussions entered into pursuant to an invitation in the notice in accordance with paragraph (e), the measures specified in the notice shall be carried out, being a period of not less than 8 weeks from the date of the coming into force of the notice,

(g) state that the planning authority shall pay any expenses that are reasonably incurred by that person in carrying out the steps specified in the notice, other than expenses that relate to unauthorised development carried out not more than 7 years prior to the service of the notice, and

(h) state that the planning authority shall, by way of compensation, pay, to any person who shows that as a result of complying with the notice—

(i) the value of an interest he or she has in the land or part thereof existing at the time of the notice has been reduced, or

(ii) he or she, having an interest in the land at that time, has suffered damage by being disturbed in his or her enjoyment of the structure or other land,

a sum equal to the amount of such reduction in value or a sum in respect of the damage suffered.

(3) If the invitation in a notice in accordance with subsection (2)(d) to enter into discussions is accepted, the planning authority shall take all such measures as may be necessary to enable the discussions concerned to take place.

(4) After considering any representations made and any discussions held pursuant to invitations in a notice under subsection (2), the planning authority may confirm, amend or revoke the notice and shall notify in writing the person to whom the notice is addressed.

(5) Any person served with a notice under subsection (1) may, within 8 weeks from the date of notification of the confirmation or amendment of the notice under subsection (4), appeal to the Board against the notice.

(6) Where an appeal is brought under subsection (5) against a notice, the Board may, after taking into account—

(a) the proper planning and sustainable development of the area,

(b) the provisions of the development plan for the area,

(c) 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, and

(d) the provisions of the approved scheme concerned,

confirm with or without modification, or annul, the notice.

(7) A notice served by a planning authority under subsection (1) may, for stated reasons, by notice in writing, be withdrawn.

(8) A notice under this section (other than a notice that has been withdrawn) shall not come into force—

(a) until the expiry of any period within which an appeal against the notice may be brought, or

(b) where an appeal is taken against the notice, when the appeal has been withdrawn or decided,

as may be appropriate.

Implementation of the notice under section 88 .

89. —If, within 8 weeks from the date of the coming into force of the notice or such longer period as may be agreed by the planning authority and the person to whom the notice is addressed, the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning required by the notice has not been effected, the planning authority may, subject to section 252 , enter the structure or land and may effect such restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning as is specified in the notice.

Court may compel compliance with notice under section 88 .

90. —(1) Where a person served with a notice under section 88 fails to comply with a requirement of the notice, or causes or permits a person to fail to comply with such a requirement, the High Court or the Circuit Court may, on the application of the planning authority, order any person to comply with the notice or to do, or refrain from doing or continuing to do, anything that the Court considers necessary or expedient to ensure compliance with the terms of the said notice.

(2) An order under subsection (1) may, without prejudice to that subsection, require such person as is specified in the order to carry out any works, including the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning of any structure or other feature, or the discontinuance of any use, or continuance thereof subject to such conditions as are specified in the order.

(3) (a) An application to the High Court or the Circuit Court for an order under subsection (1) shall be by motion and the Court when considering the matter may make such interim or interlocutory order, if any, as it considers appropriate.

(b) The order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(4) Rules of Court made in respect of section 27 of the Act of 1976 (inserted by section 19 of the Act of 1992) shall apply with any necessary modifications to an application under this section.

(5) (a) An application under subsection (1) to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land the subject of the application is situated.

(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the rateable valuation of the land the subject of the application does not exceed £200.

(c) Where the rateable valuation of any land the subject of the application under this section exceeds £200, the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by order of the High Court.

Offence to fail to comply with notice under section 88 .

91. —Where a person served with a notice under section 88 fails to comply with a requirement of the notice, or causes or permits a person to fail to comply with such a requirement, he or she shall be guilty of an offence.

Permission not required for any development required under this Chapter.

92. —Notwithstanding Part III, permission shall not be required in respect of a development required by a notice under section 88 or an order under section 90 .