S.I. No. 321/1956:

TOWN AND REGIONAL PLANNING REGULATIONS, 1956.

TOWN AND REGIONAL PLANNING REGULATIONS, 1956.

The Minister for Local Government in exercise of the powers conferred on him by section 24 of the Town and Regional Planning Act, 1934 (No. 22 of 1934) hereby makes the following regulations :--

1.--(1) These Regulations may be cited as the Town and Regional Planning Regulations, 1956.

(2) These Regulations and the Town and Regional Planning Regulations, 1934 and 1939, may be cited collectively as the Town and Regional Planning Regulations, 1934 to 1956.

2. In these Regulations " the Principal Regulations " means the Town and Regional Planning Regulations, 1934 (S.R. and O. 1934 No. 334).

3. Article 5 of the Principal Regulations is hereby amended by the substitution for provision (2) of the following provisions :--

" (2) Before the expiration of one month after the commencement of such period, the planning authority shall send to the Minister and to every local authority which is a prescribed person a certified copy of such resolution.

(3) The planning authority shall, on request, send to the Minister such additional certified copies of any such resolution or document as may be required from time to time by him."

4. The Principal Regulations are hereby amended by the substitution for article 13 of the following article :--

" 13. Within one month from the adoption of the draft scheme, the planning authority shall publish once at least in each of three consecutive weeks in some newspaper or newspapers circulating in the area for which the planning scheme is to be made, an advertisement stating--

(a) that the draft scheme has been adopted,

(b) that any objections or representations relating thereto may be made in writing to the planning authority within three months from the first publication of the said advertisement, and

(c) that the draft scheme and the map annexed thereto or certified copies thereof will be open for inspection within specified times at a specified place. "

5. The Principal Regulations are hereby amended by the substitution for article 16 of the following article :--

" 16.--(1) Within one month from the submission in pursuance of subsection (1), (3) or (4) of section 29 of the Act of a planning scheme to the Minister, the planning authority shall publish once at least in each of three consecutive weeks in some newspaper or newspapers circulating in the area for which the planning scheme has been made, an advertisement stating--

(a) that the scheme has been made and submitted to the Minister,

(b) that any objections or representations relating thereto may be made in writing to the Minister within six months from the first publication of the said advertisement, and

(c) that the scheme and the map annexed thereto or certified copies thereof will be open for inspection within specified times at a specified place.

(2) Where a planning scheme made by a planning authority includes a provision expressly requiring certain land to be acquired by a local authority for the purposes of the planning scheme, an officer of the planning authority duly authorised by the planning authority in that behalf shall, within the prescribed time from the submission of the planning scheme to the Minister give to the owner of the land notice--

(a) that the planning scheme has been made,

(b) that it includes the said provision,

(c) that objections thereto may be made in writing to the Minister within a time specified in the notice and

(d) that the scheme and the map annexed thereto or certified copies thereof will be open for inspection within specified times at a specified place.

(3) In the preceding sub-article, " prescribed time " means, as respects any particular land, the time prescribed by the Minister within which notices are to be served on owners of land of that class or description."

6. The Second Schedule to the Principal Regulations is hereby amended as follows :--

(a) The following paragraph shall be substituted for paragraph 4--

" 4. One certified copy of the planning scheme as required to be sent under article 5 of these regulations."

(b) In paragraph 5, " one copy " shall be substituted for " two copies ".

7. Paragraphs 6, 7 and 8 of the Second Schedule to the Principal Regulations and Form P.S.3 in the First Schedule to the said Regulations are hereby revoked.

8.--(1) Where a notice is required by the Principal Regulations as amended by these regulations to be given to a person, the notice shall be addressed to the person and shall be given to him in some one of the following ways :--

(a) where the notice is addressed to the person by name, by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides,

(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he ordinarily resides,

(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice is required to be given in respect of any land or premises, by delivering it to some person over sixteen years of age resident or employed on the land or premises or by affixing it in a conspicuous position on the land or premises.

(2) Where a notice is required by the Principal Regulations as amended by these regulations to be given to the owner or to the occupier of any land or premises and the name of the owner or of the occupier cannot be ascertained by reasonable inquiry, the notice may be addressed to " the owner " or " the occupier " without naming him.

(3) For the purposes of this article, a company registered under. the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every other unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

9. Article 4 of the Town and Regional Planning Regulations, 1939 (S.R. and O. 1939 No. 180) is hereby amended by the substitution for sub-article (1) of the following :--

" (1) In this article--

(a) an abridged copy of a draft scheme or a planning scheme means a copy of the draft scheme or planning scheme from which there is omitted one or more maps and in which in place of every omitted map is inserted a reproduction of such map on a smaller scale or another map or maps showing in another manner the matters contained in the omitted map together with a statement that the omitted map may be inspected at the principal offices of the planning authority, and

(b) a certified abridged copy of a draft scheme or a planning scheme means an abridged copy of the draft scheme or planning scheme which has been certified by the manager for the planning authority or some other officer of the planning authority duly authorised in that behalf to be a true copy of the draft scheme or planning scheme save for the substitution for certain maps included in the draft scheme or planning scheme of reproductions on a smaller scale or other maps showing in another manner the matters contained in the omitted map."

GIVEN under the Official Seal of the Minister for Local Government this fifteenth day of December One Thousand Nine Hundred and Fifty-six.

PATRICK O'DONNELL,

Minister for Local Government.

EXPLANATORY NOTE

These regulations amend certain provisions of the Town and Regional Planning Regulations, 1934 (S.R. & O. 1934 No. 334) and the Town and Regional Planning Regulations, 1939 (S.R. & O. 1939 No. 180). The effect of the amendments made by articles 3, 6 and 7 of these regulations is to reduce the number of copies of certain documents which are required by the regulations of 1934 to be sent by a planning authority to the Minister. Articles 4, 5 and 8 regulate the giving of notices by a planning authority to persons affected by a planning scheme. The effect of article 9 is to permit the use in certain copies of a planning scheme of maps drawn to a smaller scale than those in the scheme or of maps showing in another manner e.g. by hatching instead of colouring, the information contained in maps in the scheme.