Local Government (Planning and Development) Act, 1990
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Local Government (Planning and Development) Act, 1990.
(2) The Local Government (Planning and Development) Acts, 1963 to 1983, and this Act may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1990.
(3) This Act and the Local Government (Planning and Development) Acts, 1963 to 1983, shall be construed together as one Act.
num: 2
paragraphs: —(1) In this Act—
“the Board” means An Bord PleanÃ¡la;
“habitable house” means a building or part of a building which—
(a) is used as a dwelling, or
(b) is not in use but when last used was used, disregarding any unauthorised use, as a dwelling, or
(c) was provided for use as a dwelling but has not been occupied;
“the Minister” means the Minister for the Environment;
“the Principal Act” means the Local Government (Planning and Development) Act, 1963 .
num: 3
paragraphs: —(1) The following provisions are hereby repealed: section 45 (2) and Part VI of the Principal Act and section 24 of the Public Health (Ireland) Act, 1878 .
(2) Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended by section 69 (1) of the Principal Act shall, notwithstanding the repeal of section 69 of the Principal Act by this Act, apply to every case, other than a case under this Act, where any compensation assessed will be payable by a planning authority or any other local authority.
(3) Section 25 (8) of the Local Government (Planning and Development) Act, 1976 , is hereby amended by the deletion of the words “and the matter falls to be determined by arbitration in pursuance of section 68 of the Principal Act, the following provisions shall apply:” and the substitution of “, the claim shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 , in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award and to the following provisions:”.
num: 4
paragraphs: —A claim for compensation under this Act shall be made not later than six months after—
(a) in the case of a claim under section 11 , the notification of the decision of the planning authority or the Board, as the case may be,
(b) in the case of a claim under section 17 , the time when the notice takes effect,
(c) in the case of a claim under section 18 , the removal or alteration of the structure,
(d) in the case of a claim under section 19 , the discontinuance or compliance,
(e) in the case of a claim under section 20 , the removal or alteration of the hedge,
(f) in the case of a claim under section 21 , the date on which the consent is refused or is granted subject to conditions,
(g) in the case of a claim under section 22 , the time when the order creating the public right of way commences to have effect,
(h) in the case of a claim under section 23 , the time when the damage is suffered, and
(i) in the case of a claim under section 24 , the action of the planning authority.
num: 5
paragraphs: —A claim for compensation under this Act shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 , but subject to—
num: 6
paragraphs: —Regulations made by the Minister may provide for—
(a) the form in which claims for compensation are to be made,
(b) the provision by a claimant of evidence in support of his claim and information as to his interest in the land to which the claim relates,
(c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him) having an interest in the land to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority or the claimant of every other person (if any) appearing to them or him to have an interest in the land,
(d) the information and documents to be submitted with an application for an order under section 14 ,
(e) the information and documents to be submitted by the planning authority in relation to an application for an order under section 14 .
num: 7
paragraphs: —Where a person would, but for this section, be entitled to compensation under this Act in respect of any matter or thing and also to compensation under any other enactment in respect of the same matter or thing, he shall not be entitled to compensation in respect of such matter or thing both under this Act and under the other enactment, and shall not be entitled to any greater amount of compensation under this Act in respect of such matter or thing than the amount of the compensation to which he would be entitled under the other enactment in respect of such matter or thing.
num: 8
paragraphs: —(1) All compensation payable under this Act by the planning authority shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Act, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction.
(2) All costs and expenses of parties to an arbitration to determine the amount of any compensation shall, in so far as such costs and expenses are payable by the planning authority, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction.
num: 9
paragraphs: —(1) Where, on a claim for compensation under Part III , compensation has become payable of an amount exceeding one hundred pounds, the planning authority shall prepare and retain a statement of that fact, specifying the refusal of permission or grant of permission subject to conditions, or the revocation or modification of permission, the land to which the claim for compensation relates, and the amount of the compensation.
(2) (a) A planning authority shall enter in the register kept in pursuance of section 8 of the Principal Act particulars of the statements prepared by them under this section.
(b) Every such entry shall be made within the period of fourteen days beginning on the day of the preparation of the statement.
num: 10
paragraphs: —(1) No person shall carry out any development to which this section applies, on land in respect of which a statement (in this section referred to as a compensation statement) stands registered (whether under section 72 of the Principal Act or section 9 of this Act) until such amount as is recoverable under this section in respect of the compensation specified in the statement has been paid or secured to the satisfaction of the planning authority.
(2) This section applies to any development (other than exempted development), being development of a kind specified in section 13 (2):
Provided that—
num: 11
paragraphs: —If, on a claim made to the planning authority, it is shown that, as a result of a decision under Part IV of the Principal Act involving a refusal of permission to develop land or a grant of such permission subject to conditions, the value of an interest of any person existing in the land to which the decision relates at the time of the decision is reduced, that person shall, subject to the provisions of this Part, be entitled to be paid by the planning authority by way of compensation—
(a) such amount, representing the reduction in value, as may be agreed,
num: 12
paragraphs: —(1) Compensation under section 11 shall not be payable in respect of the refusal of permission for any development—
num: 13
paragraphs: —(1) Where a claim for compensation is made under section 11 , the planning authority concerned may, not later than three months after the claim is received and having regard to all the circumstances of the case, serve a notice in such form as may be prescribed on the person by whom or on behalf of whom the claim has been made stating that, notwithstanding the refusal of permission to develop land or the grant of such permission subject to conditions, the land in question is in their opinion capable of other development for which permission under Part IV of the Principal Act ought to be granted.
(2) For the purpose of subsection (1), other development means development of a residential, commercial or industrial character, consisting wholly or mainly of the construction of houses, flats, shops or office premises, hotels, garages and petrol filling stations, theatres or structures for the purpose of entertainment, or industrial buildings (including warehouses), or any combination thereof.
(3) A notice under subsection (1) shall continue in force for a period of five years commencing on the day of service of the notice unless before the expiration of that period—
(a) the notice is withdrawn by the planning authority, or
num: 14
paragraphs: —(1) Where, in a case determined on an appeal under Part IV of the Principal Act, permission to develop any land has, save in a case referred to in subsection (2), been refused or has been granted subject to any condition relating to any of the matters set out in paragraphs 8 and 9 of the Fourth Schedule , nothing contained in section 12 shall prevent compensation being paid if, an application having been made in that behalf within two months after the notification of the decision by the Board, or within such longer period as the Minister may allow, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of section 12 .
(2) Subsection (1) does not apply—
(a) where there has been a refusal of permission for the erection of any advertisement structure or for the use of any land for the exhibition of any advertisement,
(b) where there has been a refusal of permission for development including any structure or any addition to or extension of a structure if the reason or one of the reasons for the refusal is that the structure, addition or extension—
(i) would infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Board;
(ii) would be under a public road;
(iii) would endanger the health or safety of persons occupying or employed in the structure or any adjoining structure; or
(iv) would be prejudicial to public health, and
(c) where a notice has been served under section 13 (1).
num: 15
paragraphs: —(1) Nothing in section 12 shall prevent compensation being paid—
(a) in a case in which there has been a refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed by fire or otherwise within the two years preceding the date of application for permission or there has been imposed a condition in consequence of which such new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or
(b) in a case in which there has been imposed a condition in consequence of which the new structure referred to in paragraph (a) or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward.
(2) Every dispute and question whether a new structure would or does replace substantially within the meaning of subsection (1) a demolished or destroyed structure shall be determined by the Board.
num: 16
paragraphs: —A person shall not be entitled to assign to any other person all or any part of any prospective compensation under section 11 , and every purported assignment or promise, express or implied, to pay any other person any money in respect of any such compensation is void.
num: 17
paragraphs: —(1) Where permission to develop land has been revoked or modified by a notice under section 30 of the Principal Act—
(a) if, on a claim made to the planning authority, it is shown that any person interested in the land has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification, that authority shall pay to that person compensation in respect of that expenditure;
(b) the provisions of this Act shall apply in relation to the notice where it revoked the permission or modified it by the imposition of conditions—
(i) in case it revoked the permission, as they apply in relation to refusal of permission to develop land, and
(ii) in case it modified the permission by the imposition of conditions, as they apply in relation to a grant of permission to develop land subject to conditions,
subject to the modifications that a reference to the time when the notice takes effect shall be substituted for any reference to the time of a decision and, in section 12 (4), the reference to section 29 of the Principal Act shall be construed as a reference to that section as applied by section 30 of that Act.
(2) For the purposes of this section, any expenditure reasonably incurred in the preparation of plans for the purposes of any works or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out those works but, except as aforesaid, no compensation shall be paid by virtue of this section in respect of any works carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission.
num: 18
paragraphs: —(1) If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any structure consequent upon a notice under section 36 of the Principal Act, the value of an interest of any person in the structure existing at the time of the notice is reduced, or that any person having an interest in the structure at that time has suffered damage by being disturbed in his enjoyment of the structure, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of such damage.
(2) Where, under section 29 of the Principal Act as applied by subsection (9) of section 36 of that Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.
num: 19
paragraphs: —(1) If, on a claim made to the planning authority, it is shown that, as a result of the discontinuance, or the compliance with conditions on the continuance, of any use of land consequent upon a notice under section 37 of the Principal Act, the value of an interest of any person in the land existing at the time of the notice is reduced, or that any person having an interest in the land at that time has suffered damage by being disturbed in his enjoyment of the land, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of such damage, provided that no compensation shall be paid under this section in relation to damage resulting from the imposition under section 37 of the Principal Act of conditions on the continuance of the use of land, being conditions imposed in order to avoid or reduce serious water pollution or the danger of such pollution.
(2) Subsection (1) shall not apply where the use of land is use for the exhibition of advertising unless at the time of such discontinuance or compliance, the land has been used for the exhibition of advertising for less than five years, whether such use was continuous or intermittent or whether or not, while the land was being so used, advertising was exhibited at the same place on the land.
(3) Where, under section 29 of the Principal Act as applied by subsection (8) of section 37 of that Act, it is the duty of the planning authority to acquire an interest in land, compensation in relation to that interest shall not be payable pursuant to this section.
num: 20
paragraphs: —If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any hedge consequent upon a notice under section 44 of the Principal Act, the value of an interest of any person in the land existing at the time of the notice is reduced, or that any person having an interest in the land at that time has suffered damage by being disturbed in his enjoyment of such land, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or such damage.
num: 21
paragraphs: —If, on a claim made to the planning authority, it is shown that, as a result of any decision of the authority to refuse a consent required under an order under section 45 of the Principal Act, or to grant any such consent subject to conditions, the value of an interest of any person in the land to which such decision relates existing at the time of the decision is reduced, or that any person having an interest in the land at that time has suffered damage by being disturbed in his enjoyment of the land, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of such 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;
(c) where the order declares that, as respects any trees comprised in woodlands, a condition comprising a requirement to preserve a specified proportion of the trees, not being greater than twenty per cent., is an essential condition for attachment, because of special amenity value or of special interest, to any consent given under the order, no compensation shall be payable in relation to such a condition attached to any consent;
(d) where the order declares that, as respects any trees comprised in woodlands, a condition comprising a requirement to phase the felling or extraction of trees over a period of up to 20 years in such manner as may be specified in the order, is an essential condition for attachment, because of special amenity value or of special interest, to any consent given under the order, no compensation shall be payable in relation to such a condition attached to any consent.
num: 22
paragraphs: —If, on a claim made to the planning authority, it is shown that the value of an interest of any person in land, being land over which a public right of way has been created by an order under section 48 of the Principal Act made by that authority, is reduced, or that any person having an interest in such land has suffered damage by being disturbed in his enjoyment of the land, in consequence of the creation of the public right of way, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of such damage.
num: 23
paragraphs: —If, on a claim made to the planning authority, it is shown that, as a result of anything done under section 83 of the Principal Act, any person has suffered damage, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such damage.
num: 24
paragraphs: —If, on a claim made to the planning authority, it is shown that, as a result of the action of such authority pursuant to section 85 of the Principal Act in placing, renewing or removing any cable, wire or pipeline, attaching any bracket or fixture or affixing any notice, the value of an interest of any person in the land or structure existing at the time of the action of the planning authority is reduced, or that any person having an interest in the land or structure at that time has suffered damage by being disturbed in his enjoyment of such land or structure, such person shall, subject to the provisions of this Act, be entitled to be paid by the planning authority by way of compensation the amount of such reduction in value or the amount of the damage.
num: 25
paragraphs: —(1) This section shall apply to any structure which, at the commencement of this section—
(a) is an unauthorised structure or a structure the use of which constitutes an unauthorised use, or
(b) is not connected to a sewer of a sanitary authority,
or to any structure which is constructed, erected or made on or after the commencement of this section.
(2) Section 27 of the Public Health (Ireland) Act, 1878 , shall not apply in relation to a structure to which this section applies.
(3) Notwithstanding section 23 of the Public Health (Ireland) Act, 1878 , or any other enactment, the owner or occupier of a structure to which this section applies shall not be entitled to connect his drains to any sewer of the sanitary authority in whose functional area the premises is situated except with the consent of the sanitary authority, which may be given subject to such conditions as the sanitary authority consider reasonable.
(4) Any person who connects a drain or causes it to be connected to a sewer of a sanitary authority in contravention of subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.
(5) The sanitary authority may close any connection between a drain and sewer made in contravention of subsection (3) and may recover from the person who made the connection or who caused the connection to be made any expenses incurred by them under this subsection and in default of the said amount being paid to the authority, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.
(6) Where a notice under section 8 (1) of the Local Government (Sanitary Services) Act, 1962 takes effect in relation to any premises, a consent of the sanitary authority by whom the notice has been served shall not be required under subsection (3) for the connection of the said premises to the appropriate sewer of the sanitary authority.
(7) Unless otherwise indicated, the grant of a permission under Part IV of the Principal Act, or of approval under bye-laws made under section 41 of the Public Health (Ireland) Act, 1878 , or section 23 of the Public Health Acts Amendment Act, 1890 , or regulations made under section 86 of the Principal Act in relation to a structure to which this section applies shall be taken to include the consent of the sanitary authority under subsection (3) to the connection of that structure to the appropriate sewer of the sanitary authority.
num: 26
paragraphs: —(1) Section 53 of the Waterworks Clauses Act, 1847 , and any other enactment which confers a right to a supply of water for domestic purposes shall not apply in relation to a dwelling house which is an unauthorised structure or the use of which constitutes an unauthorised use.
(2) Nothing in this section shall restrict the operation of section 8 (2) of the Local Government (Sanitary Services) Act, 1962 .