Planning and Development Act 2000

Holding of event by local authority.

238

238.—(1) An event that is prescribed in accordance with section 230(1) and is proposed to be carried out by a local authority (in this section referred to as a “proposed event”) shall be carried out in accordance with this section and any regulations made under subsection (2).

(2) The Minister may make regulations providing for—

(a) the publication by the local authority of any specified notice with respect to the proposed event,

(b) the notification or consultation by the local authority of any specified person or persons,

(c) the making available for inspection, by members of the public, of any specified documents, particulars, plans or other information with respect to the proposed event, and

(d) the making of submissions or observations to the local authority within a prescribed time with respect to the proposed event.

(3) (a) The F989[chief executive] of a local authority shall, after the expiration of the period prescribed under subsection (2)(d) for the making of submissions or observations, prepare a written report in relation to the proposed event and submit the report to the members of the local authority.

(b) A report prepared in accordance with paragraph (a) shall—

(i) specify the proposed event,

(ii) specify the matters referred to in section 231(4) to which the holding of the proposed event will be subject,

(iii) list the persons or bodies who made submissions or observations with respect to the proposed event in accordance with the regulations made under subsection (2),

(iv) summarise the issues raised in any such submissions or observations and state the response of the F989[chief executive] to them, and

(v) recommend whether or not the proposed event should be held.

(c) The members of the local authority shall, as soon as may be, consider the proposed event and the report of the F989[chief executive] under paragraph (a),

(d) Following the consideration of the F989[chief executives report] under paragraph (c), the proposed event may be carried out as recommended in the F989[chief executives report], unless the local authority, by resolution, decides to vary or modify the event, otherwise than as recommended in the F989[chief executives report], or decides not to proceed with the event.

(e) A resolution under paragraph (d) must be passed not later than 6 weeks after receipt of the F989[chief executives report].

Annotations

Amendments:

F989

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 70, 71, S.I. No. 436 of 2018.

Editorial Notes:

E409

Power pursuant to section exercised (1.10.2015) by Planning and Development (Amendment) Regulations 2015 (S.I. No. 264 of 2015), in effect as per reg. 1(3).

E410

Deciding to vary or modify, or not to proceed with, an event proposed to be carried out by a local authority is a reserved function of local authorities or municipal district members as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 2 item 17 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.

E411

Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E412

Power pursuant to section exercised (11.03.2002) by Planning and Development Regulations 2002 (S.I. No. 70 of 2002).

E413

Previous affecting provision: power pursuant to section exercised (17.04.2001) by Planning and Development (Licensing of Outdoor Events) Regulations 2001 (S.I. No. 154 of 2001); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.