PART III.

Development Plans.

19. —(1) Every planning authority shall, within the period of three years beginning on the appointed day (or such longer period as the Minister may in any particular case allow), make a plan indicating development objectives for their area.

(2) A development plan shall consist of a written statement and a plan indicating the development objectives for the area in question, including objectives—

(a) with respect to county boroughs, boroughs, urban districts and scheduled towns—

(i) for the use solely or primarily (as may be indicated in the development plan) of particular areas for particular purposes (whether residential, commercial, industrial, agricultural or otherwise),

(ii) for securing the greater convenience and safety of road users and pedestrians by the provision of parking places or road improvements or otherwise,

(iii) for development and renewal of obsolete areas,

(iv) for preserving, improving and extending amenities;

(b) with respect to other areas—

(i) for development and renewal of obsolete areas,

(ii) for preserving, improving and extending amenities,

(iii) for the provision of new water supplies and sewerage services and the extension of existing such supplies and services.

(3) Without prejudice to the foregoing subsection and subsection (5) of this section, a development plan may indicate the objectives for any of the purposes mentioned in the Third Schedule to this Act and, with respect to areas other than county boroughs, boroughs, urban districts and scheduled towns, objectives for the use solely or primarily (as may be indicated in the development plan) of particular areas for particular purposes (whether residential, commercial, industrial, agricultural or otherwise).

(4) Where a planning authority propose to include in a development plan any development objective the responsibility for the effecting of which would fall on another local authority, the planning authority shall not include that objective in the plan save after consultation with the other local authority.

(5) A planning authority may make either—

(a) one development plan, being a plan in relation to the whole of their area and all the subparagraphs in paragraph (a) and, where appropriate, paragraph (b) of subsection (2) of this section, or

(b) two or more development plans, each plan being a plan in relation to the whole of their area and some one or more of those subparagraphs or to a part of their area and all or some one or more of those subparagraphs.

(6) (a) The making of an application to the Minister for the allowance of such a longer period as is referred to in subsection (1) of this section shall be a reserved function.

(b) Where a planning authority have applied to the Minister for the allowance of such a longer period as is referred to in subsection (1) of this section, they shall cause notice of the application to be published in at least one newspaper circulating in their area and in the Iris Oifigiúil.

(c) A notice under the foregoing paragraph—

(i) shall specify the longer period applied for, and

(ii) shall state that objections with respect to the application made to the Minister within a specified period of not less than one month will be taken into consideration before the grant of the application (and such objections shall be taken into consideration accordingly).

(7) The making of a development plan or any variations of any such plan shall be a reserved function.

(8) Regulations may make provision with respect to the making available for purchase by the public of printed copies of development plans and extracts therefrom.

(9) (a) Any reference in this Act to a development plan shall be construed as a reference to a plan under subsection (1) of this section (subject to any variations thereof).

(b) In this Act “the development plan” means the plan or plans under subsection (1) of this section of the relevant planning authority (subject to any variations thereof).

20. —(1) Where a planning authority have made a development plan, they shall, from time to time as occasion may require and at least once in every five years after the date of making of the plan, review the plan and make in it any variations (whether by way of alteration, addition or deletion) which they consider proper.

(2) Where a planning authority have completed the discharge of their obligations under section 19 of this Act by making two or more plans as provided for by paragraph (b) of subsection (5) of that section, the periods of five years referred to in subsection (1) of this section shall run from the date of making the last of such plans.

21. —(1) Where a planning authority have prepared a draft of a proposed development plan or of proposed variations of a development plan—

(a) they shall send copies of the prescribed documents to the prescribed authorities,

(b) they shall cause notice of the preparation of the draft to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area,

(c) where the draft includes any provision relating to any structure proposed to be preserved because of its artistic, historic or architectural interest, they shall serve notice (which shall incorporate particulars of the provision) of the preparation of the draft on the owner and on the occupier of the structure,

(d) where the draft includes any provision relating to the preservation of a public right of way, they shall serve notice (which shall incorporate particulars of the provision and a map indicating the right of way) of the preparation of the draft on the owner and on the occupier of the land.

(2) A notice under the foregoing subsection shall state—

(a) that a copy of the draft may be inspected at a stated place and at stated times during a stated period of not less than three months (and the copy shall be kept available for inspection accordingly), and

(b) that objections or representations with respect to the draft made to the planning authority within the said period will be taken into consideration before the making of the plan or variations (and any such objections or representations shall be taken into consideration accordingly), and

(c) that any ratepayer making objection with respect to the draft may include in his objection a request to be afforded an opportunity to state his case before a person or persons appointed by the planning authority (and such opportunity shall be afforded to such objector and his statement shall be considered together with his objection),

and, in the case of a notice served pursuant to paragraph (d) of subsection (1) of this section, the notice shall also state that the draft includes provision relating to the preservation of the public right of way and that there is a right of appeal to the Circuit Court in relation to such provision.

(3) Any person may, before the expiration of the twenty-one days next following the period stated pursuant to paragraph (a) of subsection (2) of this section, appeal to the Circuit Court against the inclusion in the proposed plan or variations of any such provision as is referred to in paragraph (d) of subsection (1) of this section, and the Court, if satisfied that no public right of way subsists, shall so declare and the provision shall accordingly not be included.

(4) Where a planning authority make a development plan or variations of any such plan, they shall cause a notice of the making to be published in the Iris Oifigiúil and in at least one newspaper circulating in their area.

(5) A notice under the foregoing subsection shall state that a copy of the plan or variations is available for inspection at a stated place and at stated times (and the copy shall be kept available for inspection accordingly).

(6) (a) A document purporting to be a copy of the development plan or of a part thereof and to be certified by an officer of a planning authority as a correct copy shall be prima facie evidence of the plan or part, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.

(b) Evidence of a development plan or any part thereof may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.

(c) Where application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him to the planning authority of such fee as they may fix not exceeding the reasonable cost of making the copy.

22. —(1) It shall be the duty of a planning authority to take such steps as may be necessary for securing the objectives which are contained in the provisions of the development plan.

(2) The Minister may require the development plans of two or more planning authorities to be co-ordinated in respect of matters and in a manner specified by him and thereupon—

(a) the authorities shall comply with the requisition, and

(b) any dispute between them arising out of any matters inserted or to be inserted in a development plan shall be determined by the Minister.

(3) The Minister may require a planning authority to vary the development plan in respect of matters and in a manner specified by him and thereupon it shall be the duty of the authority to comply with the requisition.

(4) Subsection (3) of this section shall have effect subject to the proviso that where the planning authority, as a result of considering pursuant to paragraph (b) of subsection (2) of section 21 of this Act any objection or representation, decide, with the consent of the Minister, that the proposed variations should be altered in any respect, they may make the variations subject to that alteration.

23. —The Minister may, as and when he thinks fit, prepare and publish, for the use and guidance of planning authorities and other persons interested, general instructions in relation to the preparation of development plans, together with model forms of development plans and of provisions and clauses usually inserted in such plans.