Planning and Development Act 2000

Oral hearings in relation to compulsory acquisition of land.


218.F1125[(1) Where, as a result of the transfer of functions under F1126[section 214, 215, 215A, 215B or 215C], the Board would otherwise be required to hold a local inquiry, public local inquiry or oral hearing, that requirement shall not apply to the Board but the Board may, at its absolute discretion, hold an oral hearing in relation to the matter, the subject of the function transferred.]

(2) For the avoidance of doubt, it is hereby declared that the provisions of the Local Government Acts, 1941, 1946, 1955 and 1991, in relation to public local inquiries shall not apply in relation to oral hearings held by the Board in accordance with subsection (1).

(3) For the purposes of this Part, the references to local inquiries or public local inquiries in the following provisions shall be deemed to be references to oral hearings under this section:

(a) section 10 of the Local Government (No. 2) Act, 1960;

(b) section 78 of, and the Third Schedule to, the Housing Act, 1966;

(c) Part IV of the Roads Act, 1993.

(4) Sections 135, 143 and 146 shall apply and have effect in relation to the functions transferred to the Board under F1126[sections 214 to 215C] and those sections shall be construed accordingly.




Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 39(a), S.I. No. 684 of 2006.


Substituted (21.07.2009) by Harbours (Amendment) Act 2009 (26/2009), s.7(2)(d), commenced on enactment.

Editorial Notes:


Previous affecting provision: subss. (1) and (4) amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 39, S.I. No. 684 of 2006; substituted as per F-notes above.