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REGIONAL TOWN AND COUNTRY PLANNING ACT (CHAPTER 29:12)

CHAPTER 29:12

REGIONAL, TOWN AND COUNTRY PLANNING ACT

Acts 22/1976, 48/1976 (s. 82), 22/1977 (s. 38), 3/1979 (ss. 143-157), 39/1979 (s. 19), 8/1980, (s. 12), 29/1981 (s. 59), 48/1981 (s. 13), 9/1982 (ss. 2-16), 20/1982 (s. 19), 21/1985 (s. 45), 8/1988 (s.164), 3/1992 (s. 52), 14/1998, 6/2001 (s. 69), 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

PART II

REGIONALPLANNING

  1. Regional planning council.
  2. Composition of regional planning council.
  3. Functions of regional planning council.
  4. Regional plan.
  5. Preparation, adoption and determination of regional plan.
  6. Alteration of regional plan.
  7. Implementation of regional plan.

PART III

LOCAL PLANNINGAUTHORITIES

  1. Local planning authorities.
  2. Powers of local planning authority to implement plan or scheme.
  3. Delegation of functions by local planning authority.

PART IV

MASTER AND LOCALPLANS

  1. Study of planning area.
  2. Master plan.
  3. Publicity in connection with master plan.
  4. Submission and determination of master plan.
  5. Local plan.
  6. Publicity in connection with local plan.
  7. Consideration of objections and determination of local plan.
  8. Alteration of master plans and local plans.
  9. Conflict between master plan and local plan or approved scheme or between such plan or scheme and any by-laws.

PART V

CONTROL OF DEVELOPMENT

  1. Meaning of “development” in Part V.
  2. Meaning of “existing development” in Part V.
  3. Control of development.
  4. Development orders.
  5. Application for permit or preliminary planning permission.
  6. Regularisation of buildings, uses or operations.
  7. Development for State purposes.
  8. Powers of Minister re applications in terms of section 26 (1).
  9. Orders for preservation of buildings of special architectural merit or historic interest.
  10. Preservation of trees and woodlands.
  11. Enforcement orders.
  12. Enforcement order to have effect against subsequent development.
  13. Prohibition orders.
  14. Powers to remove, demolish or alter existing buildings or discontinue or modify uses or operations or require abatement of injury.
  15. Power of local planning authority to enter into agreements with owners of existing developments.
  16. Non-compliance with orders of local planning authority.

PART VI

SUBDIVISIONS AND CONSOLIDATIONS

  1. No subdivision or consolidation without permit.
  2. Application for permit.
  3. Setting aside of land and payment of moneys.
  4. Cancellation of general plan.
  5. Subdivision of State land.

PART VII

ACQUISITION ANDDISPOSALOF LAND

  1. Powers of acquisition.
  2. Expropriation of land.
  3. Owner may require acquisition of his land.
  4. Acquisition of building subject to building preservation order.
  5. Use and disposal of land acquired.

PART VIII

COMPENSATION

  1. Liability and claims for compensation.
  2. Compensation in respect of agreement under section 35.
  3. Exclusion and limitation of compensation.
  4. Determination of compensation claims.

PART IX

ROADS

  1. Interpretation in Part IX.
  2. Vesting of ownership of roads.
  3. Transfer of roads.
  4. Termination of vested ownership of roads.
  5. Procedure on closure or diversion of road.

PART X

FUNCTIONS OF ADMINISTRATIVE COURTUNDER THIS ACT

  1. Composition of Court.
  2. Appeal to Supreme Court on point of law.
  3. References to Board in other enactments and documents.

PART XI

GENERAL

  1. Appointment of Director of Physical Planning.
  2. Exemption of members of regional planning council or local planning authority from personal liability.
  3. Entry upon property.
  4. Development account.
  5. Local inquiries.

67A. Advisory boards.

  1. Regulatory powers of Minister.
  2. Power of Minister to give directions.
  3. Default powers of Minister.
  4. Validity and operation of master plans and local plans.
  5. [Repealed].
  6. [Repealed].
  7. SCHEDULE.

AN ACT to provide for the planning of regions, districts and local areas with the object of conserving and improving the physical environment and in particular promoting health, safety, order, amenity, convenience and general welfare, as well as efficiency and economy in the process of development and the improvement of communications; to authorize the making of regional plans, master plans and local plans, whether urban or rural; to provide for the protection of urban and rural amenities and the preservation of buildings and trees and generally to regulate the appearance of the townscape and landscape; to provide for the acquisition of land; to provide for the control over development, including use, of land and buildings; to regulate the subdivision and the consolidation of pieces of land; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1st November, 1976.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Regional Town and Country Planning Act [Chapter 29:12].

                       2    Interpretation

(1) In this Act—

“adopted scheme” means a scheme such as is referred to in subparagraph (ii) of paragraph (c) of section seventy-five which has not been approved in terms of that subparagraph;

“advertisement”—

  • means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction; and
  • includes any hoarding or similar structure used, or adapted for use, for the display of any thing referred to in paragraph (a);

and any reference to the display of advertisements shall be construed accordingly;

“advisory board” means an advisory board appointed in accordance with section sixty-seven A;

[Definition inserted by section 2 of Act 14 of 1998]

“appointed day” means the 1st November, 1976;

“approved scheme” means a scheme such as is referred to in subparagraph (iv) of paragraph (c) of section seventy-five;

“area under its jurisdiction”, in relation to a local authority, means—

  • in the case of a municipal council or town council, the area of the municipality or town, as the case may be, and of any local government area which is administered and controlled by the municipal council or town council, as the case may be;
  • in the case of a rural district council, the council area;
  • in the case of a local board, the local government area for which the board is established and of any local government area which is administered and controlled by the local board;

“building” includes—

  • any structure or erection or part thereof, including a swimming pool;

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