PART V.

Amenities.

42. —(1) Where it appears to the planning authority that an area is an area of special amenity by reason of—

(a) its natural beauty, or

(b) its scenic or other amenities (including recreational utility, having regard to the open character of the area and its position in relation to centres of population or industrial or commercial development),

they may by order provide in relation to development other than exempted development—

(i) for no such development or for specified such development only being permitted under this Act in the area or any specified part of the area,

(ii) in the case of such development consisting of structures permitted under this Act, for the maximum number of structures of any specified class which may be erected, constructed or made in any specified part of the area.

(2) An order under this section shall come into operation on being confirmed, whether with or without modification, under the next section.

(3) Where the functional areas of two planning authorities are contiguous, either authority may, with the consent of the other, make an order under this section in respect of an area in or partly in the functional area of the other.

(4) Any order under this section for the time being in force may be revoked or varied by a subsequent order under this section.

(5) A planning authority shall, from time to time and at least once in every period of five years, review any order made by them under this section and for the time being in force (excepting any order merely revoking a previous order) for the purpose of deciding whether it is desirable to revoke or amend the order.

(6) The making of an order under this section shall be a reserved function.

43. —(1) As soon as may be after they have made an order under section 42 of this Act, a planning authority shall publish in one or more newspapers circulating in the area to which the order relates a notice—

(a) stating the fact of the order having been made and describing the area to which it relates,

(b) naming a place where a copy of the order and of any map referred to therein may be seen during office hours,

(c) specifying the period (not being less than one month) within and the manner in which objections to the order may be made to the planning authority,

(d) specifying that the order requires confirmation by the Minister and that, where any objections are duly made to the order and are not withdrawn, a public local inquiry will be held and the objections will be considered before the order is confirmed.

(2) As soon as may be after the said period for making objections has expired, the planning authority may submit the order made under section 42 of this Act to the Minister for confirmation, and, when making any such submission, they shall also submit to the Minister any objections to the order which have been duly made and have not been withdrawn.

(3) If no such objection as aforesaid is duly made, or if all such objections so made are withdrawn, the Minister may by order confirm the order made under section 42 of this Act with or without modifications or refuse to confirm it; but in any other case he shall, before confirming, cause a public local inquiry to be held and shall consider any objections not withdrawn and the report of the person who held the inquiry, and may then by order confirm the order with or without modifications or refuse to confirm it.

(4) Every order made under this section by the Minister shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) Any reference in this Act to a special amenity area order shall be construed as a reference to an order confirmed under this section.

44. —(1) If it appears to the planning authority that it is expedient in the interests of amenity that any hedge should be removed or altered, the planning authority may serve on the owner and on the occupier of the land on which the hedge is situate a notice requiring the carrying out of such removal or alteration and, in the case of a removal, any replacement appearing to the planning authority to be suitable.

(2) Where a notice is served under this section, any person may, at any time before the day (not being earlier than one month after such service) specified in that behalf in the notice, appeal to the Minister against the notice.

(3) Where an appeal is brought under this section from a notice, the Minister may confirm the notice with or without modifications or annul the notice.

(4) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(5) If within the period specified in a notice under this section, or within such extended period as the planning authority may allow, the removal or alteration required by the notice has not been effected, the planning authority may enter on the land on which the hedge is situate and may effect such removal or alteration and any replacement specified in the notice.

(6) Where a notice under this section is complied with, the planning authority shall pay to the person complying with the notice the expenses reasonably incurred by him in carrying out the removal or alteration and any replacement specified in the notice.

(7) Particulars of a notice served under this section shall be entered in the register.

45. —(1) If it appears to the planning authority that it is expedient in the interests of amenity to make provision for the preservation of any tree, trees, group of trees or woodlands, they may for that purpose make an order with respect to any such tree, trees, group of trees or woodlands as may be specified in the order; and, in particular, provision may be made by any such order—

(a) for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of trees except with the consent of the planning authority, and for enabling that authority to give their consent subject to conditions;

(b) for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of Part IV of this Act relating to permission to develop land, and to applications for such permission, subject to such adaptations and modifications as may be specified in the order.

(2) Any person who has suffered damage in consequence of any refusal of consent required under an order under this section, or of any grant of any such consent subject to conditions, shall, if he makes a claim on the planning authority within the time and in the manner specified by the order, be entitled to recover from such authority compensation in respect of the damage, but—

(a) where the order declares that, as respects any tree, trees or group of trees not comprised in woodlands, the tree, trees or group is or are of special amenity value or special interest no compensation shall be payable in relation to the tree, trees or group,

(b) where the order declares that, as respects any trees comprised in woodlands, a condition comprising a requirement to replant is an essential condition for attachment in the interests of amenity to any consent given under the order no compensation shall be payable in relation to such a condition attached to any such consent.

(3) Any order under this section may be revoked or varied by a subsequent order under this section.

(4) Where a planning authority make an order under this section, they shall serve a notice of the making of the order and a copy of the order on every person who is the owner or occupier of any land affected by the order, and on any other person then known to them to be entitled to fell any tree, trees, group of trees or woodlands to which the order relates.

(5) Any person on whom a notice and a copy of an order is served under this section may, at any time before the day specified in that behalf in the notice (not being earlier than one month after such service), appeal to the Minister against the order.

(6) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.

(7) Without prejudice to any other exemption for which provision may be made by an order under this section, no such order shall apply to the cutting down, topping or lopping of trees which are dying or dead or have become dangerous or the cutting down, topping or lopping of any trees in compliance with any obligation imposed by or under any statute or so far as may be necessary for the prevention or abatement of a nuisance.

(8) If any person contravenes the provisions of an order under this section (other than an order which has been annulled), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds.

(9) Particulars of an order under this section shall be entered in the register.

(10) Any reference in this Act to a tree preservation order shall be construed as a reference to an order under this section (other than an order which has been annulled).

46. —(1) If it appears to the planning authority, after consultation with the prescribed authorities, that it is expedient in the interests of amenity to make provision for the protection of any rare species of flora or fauna of any area or to preserve from extinction any species of flora or fauna of any area, they may for that purpose make an order with respect to such flora or fauna; and, in particular, provision may be made by any such order—

(a) for prohibiting (subject to any exemptions for which provision may be made by the order) the taking, killing, or destroying of flora or fauna except with the consent of the planning authority, and for enabling that authority to give their consent subject to conditions;

(b) for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of Part IV of this Act relating to permission to develop land, and to applications for such permission, subject to such adaptations and modifications as may be specified in the order.

(2) Any person who has suffered damage in consequence of any refusal of consent required under an order under this section or of any grant of any such consent subject to conditions, shall, if he makes a claim on the planning authority within the time and in the manner specified by the order, be entitled to recover from such authority compensation in respect of the damage, but where the order declares that, as respects any flora or fauna, they are of special amenity value or special interest, no compensation shall be payable in relation to them.

(3) Any order under this section may be revoked or varied by a subsequent order under this section.

(4) Where a planning authority make an order under this section, they shall cause a notice stating the effect of the order and stating the right of appeal under the next subsection to be published in at least one newspaper circulating in the area to which the order relates.

(5) Any person may, at any time before the expiration of one month after the publication of a notice under the foregoing subsection, appeal to the Minister against the order to which the notice relates.

(6) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.

(7) A decision to grant a consent under an order under this section shall not be taken save after consultation with the prescribed authorities.

(8) If any person contravenes the provisions of an order under this section (other than an order which has been annulled), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds.

(9) Particulars of an order under this section shall be entered in the register.

(10) The making of an order under this section and the revocation or variation of any such order shall be a reserved function.

(11) Any reference in this Act to a conservation order shall be construed as a reference to an order under this section (other than an order which has been annulled).

47. —(1) A planning authority may enter into an agreement with any person having the necessary power in that behalf for the creation, by dedication by that person, of a public right of way over land.

(2) An agreement made under this section shall be on such terms as to payment or otherwise as may be specified in the agreement, and may, if it is so agreed, provide for limitations or conditions affecting the public right of way.

(3) Where an agreement has been made under this section, it shall be the duty of the planning authority to take all necessary steps for securing that the creation of the public right of way is effected in accordance with the agreement.

(4) Particulars of an agreement made under this section shall be entered in the register.

48. —(1) Where it appears to the planning authority that there is need for a public right of way over any land, the planning authority may by order create a public right of way over the land.

(2) Where a planning authority make an order under this section, they shall serve a notice of the making of the order and a copy of the order on every person who is the owner or occupier of any land over which the order creates a public right of way and on any other person who in their opinion will be affected by the creation of the public right of way.

(3) Any person on whom a notice and a copy of an order is served under this section may, at any time before the day specified in that behalf in the notice (not being earlier than one month after such service), appeal to the Minister against the order.

(4) Where an appeal is brought under this section against an order, the Minister may confirm the order with or without modifications or annul the order.

(5) An order under this section (other than an order which is annulled) shall take effect—

(a) in case no appeal against it is taken or every appeal against it is withdrawn before the expiration of the period for taking an appeal—on the expiration of the period for taking an appeal,

(b) in case an appeal or appeals is or are taken against it and the appeal or appeals is or are not withdrawn during the period for taking an appeal—when every appeal not so withdrawn has been either withdrawn or determined.

(6) Particulars of a right of way created under this section shall be entered in the register.

49. —(1) Where a public right of way is created pursuant to this Act or a provision relating to its preservation is included in the development plan, the way shall be maintained by the planning authority.

(2) (a) Where a right of way is required by this section to be maintained by the planning authority, a person shall not damage or obstruct the way, or hinder or interfere with the exercise of the right of way.

(b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which the contravention is so continued.

(c) In a prosecution for an offence under this subsection in relation to a right of way with respect to which a provision for its preservation is included in the development plan, it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the right of way subsists.

(3) Where, in the case of a right of way required by this section to be maintained by the planning authority, the way is damaged or obstructed by any person, the planning authority maintaining the right of way may repair the damage or remove the obstruction, and the expenses incurred by them in the repair or removal shall be paid to them by the said person and, in default of being so paid, shall be recoverable from him as a simple contract debt in any court of competent jurisdiction.

(4) A planning authority may, for the purpose of carrying out their duties under subsections (1) and (3) of this section, enter on land at all reasonable times.

50. —(1) For the purpose of preserving or enhancing the amenities or natural beauty of any land, the planning authority—

(a) may plant trees, shrubs or other plants on the land,

(b) assist any person or body proposing to plant trees, shrubs or other plants on the land by providing trees, shrubs or other plants or by a grant of money.

(2) The powers conferred by this section shall be exercised by an authority either on land belonging to them or, with the consent of all persons interested therein, on other land; and in relation to such other land the said powers shall include power to make arrangements whereby the planting or work is carried out, on such terms as may be provided under the arrangements, by a person other than the authority.

(3) Where the planning authority exercise their powers under the foregoing provisions of this section on land not belonging to the authority, the management of the land, so far as relates to anything done by the authority, may be undertaken either by the authority or by a person interested in the land, as may be agreed upon between the authority and the persons so interested, and on such terms as may be so agreed.

(4) Assisting under this section by a grant of money shall be a reserved function.

(5) Particulars of an agreement made under subsection (3) of this section shall be entered in the register.

51. —(1) A person shall not—

(a) in any public place or in connection with any premises which adjoins any public place and to which the public are admitted, or

(b) upon any other premises,

either—

(i) by operating, or causing or suffering to be operated any wireless, loudspeaker, television, gramophone, amplifier, or similar instrument, or any machine or other appliance, or

(ii) by any other means,

make or cause to be made, any noise or vibration which is so loud, so continuous or so repeated or of such duration or pitch or at such times as to give reasonable cause for annoyance to persons in any premises in the neighbourhood or to persons lawfully using any public place.

(2) Paragraph (a) of subsection (1) of this section shall not apply to any public meeting.

(3) Proceedings shall not be taken against any person for any offence under this section in respect of premises referred to in paragraph (b) of subsection (1) of this section unless the annoyance is continued after the expiration of seven days from the date of the service on such person of a notice alleging annoyance, signed by not less than three persons residing or carrying on a business within the area in which the noise is heard or the vibration is felt.

(4) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

(5) Nothing in this section shall apply to noise or vibration caused—

(a) by aircraft, or

(b) by any statutory undertakers in the exercise of powers conferred on them by any statute or order or other instrument made under statute.

(6) In proceedings brought by virtue of this section in respect of noise or vibration caused in the course of a trade or business or in performing any statutory functions, it shall be a good defence for the defendant to prove that the best practicable means have been used for preventing, and for counteracting the effect of, the noise or vibration.

52. —(1) A person shall not throw down, place or leave in or on any public place—

(a) any food remnants, orange peel, banana skin or other organic matter (whether waste or dead animal), or

(b) any rubble, old metal, glass, china, earthenware, tin, carton, paper, rags or other rubbish,

so as to create or tend to create litter.

(2) Nothing in subsection (1) of this section shall be construed as prohibiting—

(a) the deposit by any person of any of the materials mentioned in that subsection in any receptacle for the deposit of litter,

(b) the deposit in any public place of any receptacle containing house or other refuse for collection by a local authority, or

(c) anything done under and in accordance with a permission to develop land granted under Part IV of this Act.

(3) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

53. —(1) Where any structure or other land, door, gate, window, tree or post is in or fronts any public place, a person who is not the owner, occupier or person in charge thereof shall not—

(a) exhibit or cause to be exhibited thereon any advertisement, or

(b) carry out or cause to be carried out any defacement thereof by writing or other marks,

unless he is authorised so to do by such owner, occupier or person in charge or by any enactment.

(2) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.

(3) In a prosecution for an offence under this section, it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the defendant was not the owner, occupier or person in charge of the structure or other land, door, gate, window, tree or post and was not authorised as referred to in subsection (1) of this section.

54. —(1) If it appears to the planning authority that, having regard to the interests of public safety or amenity, an advertisement structure or advertisement in their area should be repaired or tidied, the planning authority may serve on the person having control of the advertisement structure or advertisement a notice requiring that person to repair or tidy the advertisement structure or advertisement within a specified period.

(2) If within the period specified in a notice under this section, the advertisement structure or advertisement is not repaired or tidied, the planning authority may enter on the land on which the structure is situate or the advertisement is exhibited and repair or tidy the structure or advertisement and may recover as a simple contract debt in any court of competent jurisdiction from the person having control of the structure or advertisement any expenses reasonably incurred by them in that behalf.