Planning and Development Act 2000


Number 30 of 2000


PLANNING AND DEVELOPMENT ACT 2000

REVISED

Updated to 12 September 2018


This Revised Act is an administrative consolidation of the Planning and Development Act 2000. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, and all statutory instruments up to and including Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2018 (S.I. No. 350 of 2018), made 12 September 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 30 of 2000


PLANNING AND DEVELOPMENT ACT 2000

REVISED

Updated to 12 September 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Planning and Development Acts 2000 to 2018 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( European Union (Planning and Development) (Environment Impact Assessment) Regulations 2018 , reg. 1(2)). The Acts and Statutory Instruments in this group are:

Planning and Development Act 2000 (30/2000)

Local Government Act 2001 (37/2001), ss. 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000) and s. 247

Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3

Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

Water Services Act 2007 (30/2007), ss. 1(6) and 114

Harbours (Amendment) Act 2009 (26/2009), ss. 7(1) and (2) and 21(3)

Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)

Planning and Development (Amendment) Act 2010 (30/2010), other than Part 3

Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5

Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8

Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and sch. 2 part 4.

Urban Regeneration and Housing Act 2015 (33/2015)

Planning and Development (Amendment) Act 2015 (63/2015)

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), other than s. 1(2)(b) and (c), Parts 3 to 5 and sch.

Planning and Development (Amendment) Act 2017 (20/2017)

Planning and Development (Amendment) Act 2018 (16/2018)

European Union (Planning and Development) (Environment Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), Parts 2, 3, 4 and schs. 1 and 2

Roads Acts 1993 to 2015 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Roads Act 2015, s. 1(2)). The Acts in the group are:

Roads Act 1993 (14/1993)

Roads (Amendment) Act 1998 (23/1998), other than s. 7

Planning and Development Act 2000 (30/2000), s. 215 and Part XX

Local Government Act 2001 (37/2001), ss. 81 and 245

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 51

Roads Act 2007 (34/2007), other than ss. 12 and 13

Roads Act 2015 (14/2015)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1981, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Planning and Development (Amendment) Act 2018 (16/2017)

Data Protection Act 2018 (7/2018)

Planning and Development (Amendment) Act 2017 (20/2017)

Courts Act 2016 (22/2016)

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016)

Planning and Development (Amendment) Act 2015 (63/2015)

Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015)

Urban Regeneration and Housing Act 2015 (33/2015)

State Airports (Shannon Group) Act 2014 (27/2014)

Housing (Miscellaneous Provisions) Act 2014 (21/2014)

Local Government Reform Act 2014 (1/2014)

Water Services (No. 2) Act 2013 (50/2013)

Electoral, Local Government and Planning and Development Act 2013 (27/2013)

Central Bank (Supervision and Enforcement) Act 2013 (26/2013)

Education and Training Boards Act 2013 (11/2013)

Water Services Act 2013 (6/2013)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012)

Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011)

Environment (Miscellaneous Provisions) Act 2011 (20/2011)

Planning and Development (Amendment) Act 2010 (30/2010)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010)

Public Transport Regulation Act 2009 (37/2009)

National Asset Management Agency Act 2009 (34/2009)

Land And Conveyancing Law Reform Act 2009 (27/2009)

Harbours (Amendment) Act 2009 (26/2009)

Housing (Miscellaneous Provisions) Act 2009 (22/2009)

Dublin Transport Authority Act 2008 (15/2008)

Roads Act 2007 (34/2007)

Water Services Act 2007 (30/2007)

Prisons Act 2007 (10/2007)

Energy (Miscellaneous Provisions) Act 2006 (40/2006)

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

Grangegorman Development Agency Act 2005 (21/2005)

Housing (Miscellaneous Provisions) Act 2004 (43/2004)

Civil Liability and Courts Act 2004 (31/2004)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)

Protection of the Environment Act 2003 (27/2003)

Local Government (No. 2) Act 2003 (17/2003)

Planning and Development (Amendment) Act 2002 (32/2002)

Minister For the Environment and Local Government (Performance of Certain Functions) Act 2002 (24/2002)

Communications Regulation Act 2002 (20/2002)

Courts and Court Officers Act 2002 (15/2002)

Transport (Railway Infrastructure) Act 2001 (55/2001)

Local Government Act 2001 (37/2001)

Euro Changeover (Amounts) Act 2001 (16/2001)

Roads (Amendment) Act 1998 (23/1998)

Courts Service Act 1998 (8/1998)

Taxes Consolidation Act 1997 (39/1997)

Waste Management Act 1996 (10/1996)

Roads Act 1993 (14/1993)

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Planning and Development) (Environment Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018)

Planning and Development (Amendment) (No. 3) Regulations 2018 (S.I. No. 31 of 2018)

Planning and Development (Amendment) (No. 2) Regulations 2018 (S.I. No. 30 of 2018)

Planning and Development (Amendment) Regulations 2018 (S.I. No. 29 of 2018)

Planning and Development (Amendment) Regulations 2017 (S.I. No. 342 of 2017)

Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Section 28(2)) Order 2017 (S.I. No. 341 of 2017)

Planning and Development (Strategic Housing Development) Regulations 2017 (S.I. No. 271 of 2017)

Planning and Development Act 2000 (Designation of Strategic Development Zone: Ireland West Airport Knock) Order 2017 (S.I. No. 266 of 2017)

European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016 (S.I. No. 391 of 2016)

Planning and Development Act 2000 (Designation of Strategic Development Zone: Poolbeg West, Dublin City) Order 2016 (S.I. No. 279 of 2016)

Planning and Development Act 2000 (Designation of Strategic Development Zone: North Quays, Waterford City) Order 2016 (S.I. No. 30 of 2016)

Planning and Development Act 2000 (Designation of Strategic Development Zone: Balgaddy-Clonburris, South Dublin County) Order 2015 (S.I. No. 604 of 2015)

Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015)

Water Services (No. 2) Act 2013 (Other Licences, Authorisations and Permits) Order 2015 (S.I. No. 462 of 2015)

Planning and Development (Amendment) (No. 3) Regulations 2015 (S.I. No. 387 of 2015)

European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015)

Planning and Development (Amendment) (No. 2) Regulations 2015 (S.I. No. 310 of 2015)

European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015)

Planning and Development (Amendment) Regulations 2015 (S.I. No. 264 of 2015)

Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 (S.I. No. 573 of 2014)

European Union (Environmental Impact Assessment) (Planning and Development) Regulations 2014 (S.I. No. 543 of 2014)

Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014)

Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013)

European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2013)

European Union (Environmental Impact Assessment and Habitats) (Section 181 of the Planning and Development Act 2000) Regulations 2013 (S.I. No. 403 of 2013)

Planning and Development (Amendment) Regulations 2013 (S.I. No. 219 of 2013)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Planning and Development Act 2000 (Designation of Strategic Development Zone: North Lotts and Grand Canal Dock) Order 2012 (S.I. No. 530 of 2012)

European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012)

European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012)

European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012)

European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012)

European Union (Environmental Impact Assessment and Habitats) Regulations 2012 (S.I. No. 246 of 2012)

Planning and Development (Amendment) Regulations 2012 (S.I. No. 116 of 2012)

European Union (Substitute Consent) Regulations 2011 (S.I. No. 609 of 2011)

European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011)

European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011)

European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011)

Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011)

Planning and Development Act 2000 (Strategic Development Zone) (Amendment) Order 2011 (S.I. No. 243 of 2011)

Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011)

Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011)

Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011)

Planning and Development Act 2000 (Strategic Development Zone) Order 2010 (S.I. No. 678 of 2010)

Planning and Development Act 2000 (Strategic Development Zone) (No. 2) Order 2010 (S.I. No. 540 of 2010)

Planning and Development Act 2000 (Strategic Development Zone: Cherrywood, Dún Laoghaire-Rathdown County) Order 2010 (S.I. No. 535 of 2010)

Planning and Development Regulations 2010 (S.I. No. 406 of 2010)

European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010)

Planning and Development (Regional Planning Guidelines) Regulations 2009 (S.I. No. 100 of 2009)

Planning and Development (Amendment) Regulations 2008 (S.I. No. 256 of 2008)

Planning and Development Regulations 2008 (S.I. No. 235 of 2008)

Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007)

Planning and Development Act 2000 (Certification of Fairground Equipment) (Amendment) Regulations 2007 (S.I. No. 590 of 2007)

Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007)

European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007)

Planning and Development Regulations 2007 (S.I. No. 83 of 2007)

Planning and Development Regulations 2006 (S.I. No. 685 of 2006)

European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006)

Planning and Development Act 2000 (Designation of Strategic Development Zone: Balgaddy-Clonburris, South Dublin County) Order 2006 (S.I. No. 442 of 2006)

Planning and Development Regulations 2005 (S.I. No. 364 of 2005)

Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004)

European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004)

Planning and Development Act 2000 (Commencement) Order 2003 (S.I. No. 450 of 2003)

Planning and Development Act, 2000 (Certification of Fairground Equipment) Regulations 2003 (S.I. No. 449 of 2003)

European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. No. 306 of 2003)

Planning and Development (Regional Planning Guidelines) Regulations 2003 (S.I. No. 175 of 2003)

Planning and Development Regulations 2003 (S.I. No. 90 of 2003)

National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002)

Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002)

Arts, Heritage, Gaeltacht and The Islands (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 308 of 2002)

Planning and Development (No. 2) Regulations 2002 (S.I. No. 149 of 2002)

Planning and Development Regulations 2002 (S.I. No. 70 of 2002)

Planning and Development Regulations 2001 (S.I. No. 600 of 2001)

Planning and Development Act 2000 (Commencement) (No. 3) Order 2001 (S.I. No. 599 of 2001)

Planning and Development (Appointment of Chairperson and Ordinary Members of an Board Pleanála) Regulations 2001 (S.I. No. 336 of 2001)

Planning and Development Act 2000 (Commencement) (No. 2) Order 2001 (S.I. No. 335 of 2001)

Planning and Development Act 2000 (Designation of Strategic Development Zone - Clonmagadden Valley, Navan) Order 2001 (S.I. No. 274 of 2001)

Planning and Development Act 2000 (Designation of Strategic Development Zone - Hansfield, Blanchardstown) Order 2001 (S.I. No. 273 of 2001)

Planning and Development Act 2000 (Designation of Strategic Development Zone - Adamstown, Lucan) Order 2001 (S.I. No. 272 of 2001)

Planning and Development (Licensing of Outdoor Events) Regulations 2001 (S.I. No. 154 of 2001)

Planning and Development Act 2000 (Commencement) Order 2001 (S.I. No. 153 of 2001)

Local Government (Planning and Development) General Policy Directive (Shopping) 1998 (Revocation Order) 2001 (S.I. No. 1 of 2001)

Planning and Development Act 2000 (Commencement) (No. 2) Order 2000 (S.I. No. 449 of 2000)

Planning and Development Regulations 2000 (S.I. No. 350 of 2000)

Planning and Development Act 2000 (Commencement) Order 2000 (S.I. No. 349 of 2000)

Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

All statutory instruments up to and including Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2018 (S.I. No. 350 of 2018), made 12 September 2018, were considered in the preparation of this revision.


Number 30 of 2000


PLANNING AND DEVELOPMENT ACT 2000

REVISED

Updated to 12 September 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

1A.

Legal acts of the European Union given effect to by this Act.

2.

Interpretation.

3.

Development.

4.

Exempted development.

5.

Declaration and referral on development and exempted development.

6.

Power of examination, investigation and survey.

7.

Planning register.

8.

Obligation to give information to local authority.

PART II

Plans and Guidelines

Chapter I

Development Plans

9.

Obligation to make development plan.

10.

Content of development plans.

11.

Preparation of draft development plan.

11A.

Extension of certain development plans and restriction of section 11.

11B.

Development plans for new administrative areas to be provided for.

11C.

Development plans and dissolution of certain planning authorities.

12.

Making of development plan.

13.

Variation of development plan.

14.

Public rights of way in development plans.

15.

General duty of planning authority to secure objectives of development plan.

16.

Copies of development plans.

17.

Evidence of development plans.

Chapter II

Local Area Plans

18.

Local area plans.

19.

Application and content of local area plans.

20.

Consultation and adoption of local area plans.

Chapter III

Regional Spatial and Economic Strategy

21.

Power to make regional spatial and economic strategy.

22.

Co-operation of planning authorities with regional assembly.

22A.

Co-operation of public bodies with regional assemblies.

23.

Content and objectives of regional spatial and economic strategy.

24.

Consultation regarding regional spatial and economic strategy.

25.

Procedure for making regional spatial and economic strategy.

25A.

Reports on regional spatial and economic strategy.

26.

Review of regional spatial and economic strategy.

27.

Regional spatial and economic strategy and development plans.

27A.

Report of regional assembly for preparation of draft development plan.

27B.

Role of regional assembly in making of development plan.

27C.

Role of regional assembly in variation of development plan.

Chapter IV

Guidelines and Directives

28.

Ministerial guidelines.

29.

Ministerial policy directives.

30.

Limitation on Ministerial power.

31.

Ministerial directions regarding development plans.

31A.

Ministerial directions regarding regional planning strategy.

PART IIA

DTA and Land Use Provisions.

31B.

DTA role in preparation of draft development plan.

31C.

DTA role in making of development plan.

31D.

DTA role in variation of development plan.

31E.

DTA role in the making, amending or revoking of local area plans by planning authorites.

31F.

Co-operation of DTA with regional authorities.

31FF.

Co-operation and further provisions relating to regional spatial and economic strategy.

31G.

DTA role in preperation of draft regional planning guidelines.

31GG.

NTA submission.

31H.

Request by DTA for Minister to issue guidelines or policy directives.

31I.

Requirement for impact assessment for certain classes of development.

31J.

Transport strategy and planning process.

PART III

Control of Development

32.

General obligation to obtain permission.

33.

Regulations regarding applications for permission.

34.

Permission for development.

35.

Refusal of planning permission for past failures to comply.

36.

Outline permission.

37.

Appeal to Board.

37A.

Board’s jurisdiction in relation to certain planning applications.

37B.

Discussions with Board before making of application.

37C.

Section 37B: supplemental provisions.

37D.

Opinion by Board on information to be contained in environmental impact statement.

37E.

Application to Board.

37F.

Section 37E : supplemental provisions.

37G.

Decision by Board on application under section 37E.

37H.

Section 37G : supplemental provisions.

37I.

Regulations.

37J.

Objective of the Board in relation to applications under section 37E.

37K.

Nuclear installations: no development in respect of them authorised.

37L.

Quarry substitute consent applications - Board’s jurisdiction in relation to simultaneous applications for further development

37M.

Section 37L: supplemental provisions

37N.

Decision by Board on application under section 37L

37O.

Section 37N: supplemental provisions

37P.

Regulations

37Q.

Objective of the Board in relation to applications under section 37L

38.

Availability of documents relating to planning applications.

39.

Supplemental provisions as to grant of permission.

40.

Limit of duration of permission.

41.

Power to vary appropriate period.

42.

Power to extend appropriate period.

42A.

Power to extend appropriate period on application of NAMA..

43.

Regulations regarding sections 40, 41 and 42.

44.

Revocation or modification of permission.

45.

Acquisition of land for open spaces.

46.

Requiring removal or alteration of structure or discontinuance of use.

47.

Agreements regulating development or use of land.

48.

Development contributions.

49.

Supplementary development contribution schemes.

50.

Judicial review of applications,appeals,referrals and other matters.

50A.

Section 50: supplemental provisions.

50B.

Costs in environmental matters.

PART IV

Architectural Heritage

Chapter I

Protected Structures

51.

Record of protected structures.

52.

Guidelines by Minister for Arts, Heritage, Gaeltacht and the Islands.

53.

Recommendations to planning authorities concerning specific structures.

54.

Additions to and deletions from record of protected structures.

55.

Procedure for making additions or deletions.

56.

Registration under Registration of Title Act, 1964.

57.

Works affecting character of protected structures or proposed protected structures.

58.

Duty of owners and occupiers to protect structures from endangerment.

59.

Notice to require works to be carried out in relation to endangerment of protected structures.

60.

Notice to require restoration of character of protected structures and other places.

61.

Appeals against notices.

62.

Effective date of notices.

63.

Offence relating to endangerment of protected structures.

64.

Owners’ powers in relation to notices concerning endangerment or restoration of structures.

65.

Application to District Court for necessary consent.

66.

Jurisdiction of District Court.

67.

Application to court for contribution to cost of carrying out works on endangered structures.

68.

Carrying out of certain works to be exempted development.

69.

Planning authority’s power to carry out works to protected structures and other places.

70.

Recovery by planning authority of expenses for carrying out works on endangered structures.

71.

Power to acquire protected structure.

72.

Notice of intention to acquire protected structure compulsorily.

73.

Objection to compulsory acquisition of protected structure.

74.

Vesting order for protected structures.

75.

Form and effect of vesting order.

76.

Registration of acquired title and amendment of vesting order.

77.

Compensation for interest in protected structure.

78.

Use of protected structure acquired by planning authority.

79.

Obligations of sanitary authorities in respect of protected structures.

80.

Grants to planning authorities in respect of functions under this Part.

Chapter II

Architectural Conservation Areas and Areas of Special Planning Control

81.

Architectural conservation areas.

82.

Development in architectural conservation areas.

83.

Power to acquire structure or other land in architectural conservation area.

84.

Area of special planning control.

85.

Special planning control scheme.

86.

Variation and review of scheme.

87.

Development in special planning control area.

88.

Service of notice relating to structures or other land in an area of special planning control.

89.

Implementation of the notice under section 88 .

90.

Court may compel compliance with notice under section 88 .

91.

Offence to fail to comply with notice under section 88 .

92.

Permission not required for any development required under this Chapter.

PART V

Housing Supply

93.

Interpretation.

94.

Housing strategies.

95.

Housing strategies and development plans.

96.

Provision of social and affordable housing, etc..

96A.

Restoration of normal limit of duration for certain permissions.

96B.

Levy to be paid in consideration of restoration effected by section 96A.

97.

Development to which section 96 shall not apply.

98.

Allocation of affordable housing.

99.

Controls on resale of certain houses.

100.

Regulations under this Part.

101.

Housing and planning authority functions.

PART VI

An Bord Pleanála

Chapter I

Establishment and Constitution

102.

Continuation of Bord Pleanála.

103.

Board to be body corporate, etc.

104.

Board to consist of chairperson and 7 other members.

105.

Appointment of chairperson.

106.

Appointment of ordinary members.

107.

Appointment of deputy chairperson.

108.

Board’s quorum, vacancies, etc.

Chapter II

Organisation, Staffing, etc.

109.

Performance of Board.

110.

Chairperson to ensure efficient discharge of business of Board, etc.

111.

Meetings and procedure of Board.

112.

Divisions of Board.

112A.

Strategic Infrastructure Division.

113.

Prohibition on disclosure of information relating to functions of Board.

114.

Prohibition of certain communications in relation to appeals, etc.

115.

Indemnification of members and employees of Board and other persons.

116.

Grants to Board.

117.

Accounts and audits of Board.

118.

Annual report and information to Minister.

119.

Superannuation of members of Board.

120.

Employees of Board.

121.

Superannuation of employees of Board.

122.

Provision of services by Minister to Board.

123.

Membership of either House of the Oireachtas, etc.

124.

Consultants and advisers to Board.

Chapter III

Appeal Procedures, etc.

125.

Appeals, referrals and applications with which the Board is concerned.

126.

Duty and objective of Board in relation to appeals and referrals.

127.

Provisions as to making of appeals and referrals.

128.

Submission of documents, etc. to Board by planning authorities.

129.

Submissions or observations by other parties.

130.

Submissions or observations by persons other than parties.

131.

Power of Board to request submissions or observations.

132.

Power of Board to require submission of documents, etc.

133.

Powers of Board where notice served under section 131 or 132.

134.

Oral hearings of appeals, referrals and applications.

134A.

Further power to hold oral hearings.

135.

Supplemental provisions relating to oral hearings.

136.

Convening of meetings on referrals.

137.

Matters other than those raised by parties.

138.

Board may dismiss appeals or referrals if vexatious, etc.

139.

Appeals against conditions.

140.

Withdrawal of appeals, applications and referrals.

141.

Time for decisions and appeals, etc.

142.

Regulations regarding appeals and referrals.

143.

Board to have regard to certain policies and objectives.

144.

Fees payable to Board.

145.

Expenses of appeal or referral.

146.

Reports and documents of the Board.

Chapter IV

Additional powers of Board in relation to permissions, decisions, approvals, etc.

146A.

Amendments of permissions, etc. of clerical or technical nature.

146B.

Alteration by Board of strategic infrastructure development on request made of it.

146C.

Preparation of environmental impact statement for purposes of section 146B.

146CA.

Provisions supplementary to sections 146B and 146C

PART VII

Disclosure of Interests, etc.

147.

Declaration by members, etc. of certain interests.

148.

Requirements affecting members, etc. who have certain beneficial interests.

149.

Supplemental provisions relating to sections 147 and 148.

150.

Codes of conduct.

PART VIII

Enforcement

151.

Offence.

152.

Warning letter.

153.

Decision on enforcement.

154.

Enforcement notice.

155.

Issue of enforcement notice in cases of urgency.

156.

Penalties for offences.

157.

Prosecution of offences.

158.

Offences by bodies corporate.

159.

Payment of fines to planning authorities.

160.

Injunctions in relation to unauthorised development.

161.

Costs of prosecutions and applications for injunctions.

162.

Evidence of permission.

163.

Permission not required for any works required under this Part.

164.

Transitional arrangements for offences.

164A.

Development in Dublin Docklands Area.

PART IX

Strategic Development Zones

165.

Interpretation.

166.

Designation of sites for strategic development zones.

167.

Acquisition of site for strategic development zone.

168.

Planning scheme for strategic development zones.

169.

Making of planning scheme.

170.

Application for development in strategic development zone.

170A.

Amendment of planning scheme.

171.

Revocation of planning scheme.

PART X

Environmental Impact Assessment

171A.

Interpretation.

172.

Requirement for environmental impact statement.

172A.

EIA Portal.

172B.

Provision of information by applicants to EIA portal.

172C.

Response of Minister on submission of information to EIA portal.

173.

Permission for development requiring environmental impact assessment.

173A.

Environmental impact assessment and integrated pollution prevention and control licences.

173B.

Environmental impact assessment and waste licences.

174.

Transboundary environmental impacts.

175.

Environmental impact assessment of certain development carried out by or on behalf of local authorities.

176.

Prescribed classes of development requiring assessment.

176A.

Application for screening for environmental impact assessment.

176B.

Screening for environmental impact assessment.

176C.

Review of screening determination for environmental impact assessment and referral of application for screening for environmental impact assessment.

177.

Prescribed information regarding environmental impact statements.

PART XA

Substitute Consent

177A.

Interpretation.

177B.

Application to apply for substitute consent where notice served by planning authority.

177C.

Application for leave to apply for substitute consent where notice not served by planning authority.

177D.

Decision of Board on whether to grant leave to apply for substitute consent.

177E.

Application for substitute consent.

177F.

Remedial environmental impact statement.

177G.

Remedial Natura impact statement.

177H.

Submissions or observations by person other than the applicant for substitute consent or planning authority.

177I.

Report of planning authority.

177J.

Draft direction and direction to cease activity or operations.

177K.

Decision of Board.

177L.

Direction by Board to cease activity or operations or take remedial measures.

177M.

Fees and costs arising on an application for substitute consent.

177N.

Regulations.

177O.

Enforcement.

177P.

Supplementary provisions relating to an application for substitute consent.

177Q.

Oral hearings of applications for substitute consent.

PART XAB

Appropriate Assessment

177R.

Interpretation.

177S.

Competent Authority.

177T.

Natura impact report and Natura impact statement.

177U.

Screening for appropriate assessment.

177V.

Appropriate assessment.

177W.

Draft Land use plans and imperative reasons of overriding public interest.

177X.

European site that does not host priority habitat or species and draft Land use plan.

177Y.

European site that hosts priority habitat type or species and draft Land use plan.

177Z.

Making of Land use plans or part thereof.

177AA.

Proposed development and imperative reasons of overriding public interest.

177AB.

European site that does not host priority habitat type or species.

177AC.

European site that hosts priority habitat type or species.

177AD.

Regulations.

177AE.

Appropriate Assessment of certain development carried out by or on behalf of local authorities.

PART XI

Development by Local and State Authorities, etc.

178.

Restrictions on development by certain local authorities.

179.

Local authority own development.

180.

Taking in charge of estates.

181.

Development by State authorities.

181A.

Approval of certain State development requiring environmental impact assessment.

181B.

Section 181A : criteria for decision, certain exemptions, etc.

181C.

Procedures in advance of seeking approval under section 181B.

182.

Cables, wires and pipelines.

182A.

Electricity transmission lines.

182B.

Section 182A : criteria for decision, certain exemptions, etc.

182C.

Application for approval of strategic gas infrastructure development.

182D.

Section 182C : criteria for decision, certain exemptions, etc.

182E.

Procedures in advance of seeking approval under section 182B or 182D.

PART XII

Compensation

Chapter I

Compensation generally

183.

Compensation claims: time limits.

184.

Determination of compensation claim.

185.

Regulations in relation to compensation.

186.

Prohibition of double compensation.

187.

Recovery of compensation from planning authority.

188.

Registration of compensation.

189.

Recovery by planning authority of compensation on subsequent development.

Chapter II

Compensation in relation to decisions under Part III

190.

Right to compensation.

191.

Restriction of compensation.

192.

Notice preventing compensation.

193.

Special provision for structures substantially replacing structures demolished or destroyed by fire.

194.

Restriction on assignment of compensation under section 190 .

195.

Compensation where permission is revoked or modified.

Chapter III

Compensation in relation to sections 46, 85, 88, 182, 207 and 252

196.

Compensation regarding removal or alteration of structure.

197.

Compensation regarding discontinuance of use.

198.

Compensation claim relating to area of special planning control.

199.

Compensation regarding cables, wires and pipelines.

200.

Compensation regarding creation of public rights of way.

201.

Compensation regarding entry on land.

PART XIII

Amenities

202.

Area of special amenity.

203.

Confirmation of order under section 202 .

204.

Landscape conservation areas.

205.

Tree preservation orders.

206.

Creation of public rights of way pursuant to agreement.

207.

Compulsory powers for creation of public rights of way.

208.

Supplemental provisions with respect to public rights of way.

209.

Repair and tidying of advertisement structures and advertisements.

PART XIV

Acquisition of Land, etc.

210.

Appropriation of land for local authority purposes.

211.

Disposal of land by local authority.

212.

Development by planning authority, etc.

213.

Land acquisition by local authorities.

214.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

215.

Transfer of certain Ministerial functions under Roads Acts, 1993 and 1998, to Board.

215A.

Transfer of certain Ministerial functions under Gas Act 1976 to Board.

215B.

Transfer of certain Ministerial functions under Air Navigation Act 1998.

215C.

Transfer of certain Ministerial functions under Harbours Act 1996.

216.

Confirmation of compulsory purchase order where there are no objections.

217.

Certain time limits in respect of compulsory purchase of land, etc.

217A.

Transferred functions under this Part: supplemental provisions.

217B.

Section 215 : supplemental provisions.

217C.

Board’s powers to make decisions on transferred functions.

218.

Oral hearings in relation to compulsory acquisition of land.

219.

Power to direct payment of certain costs.

220.

Certain procedures to run in parallel.

221.

Objective of the Board in relation to transferred functions.

222.

Amendment of section 10 of Local Government (No. 2) Act, 1960.

223.

References to transferred functions in regulations, etc.

PART XV

Development on the Foreshore

224.

Definition.

225.

Obligation to obtain permission in respect of development on foreshore.

226.

Local authority development on foreshore.

227.

Acquisition of land etc, on foreshore.

228.

Entering on foreshore for certain purposes.

PART XVI

Events and Funfairs

229.

Interpretation.

230.

Obligation to obtain a licence for holding of an event.

231.

Grant of licence.

232.

Codes of practice in relation to event.

233.

Service of notice in relation to events.

234.

General obligations with regard to safety at events.

235.

Powers of inspection in connection with events.

236.

Limitation of civil proceedings.

237.

Consequential provisions for offences.

238.

Holding of event by local authority.

239.

Control of funfairs.

240.

Exclusion of events and funfairs from planning control.

241.

Regulations for event.

PART XVII

Financial Provisions

242.

Expenses of administration of Minister.

243.

Charging of expenses of planning authority.

244.

Apportionment of joint expenses of planning authorities.

245.

Power to set-off.

246.

Fees payable to planning authorities.

PART XVIII

Miscellaneous

247.

Consultations in relation to proposed development.

248.

Information to be provided in electronic form.

249.

Additional requirements for public notification.

250.

Service of notices, etc.

251.

Calculation of appropriate period and other time limits over holidays.

252.

Power of authorised person to enter on land.

253.

Powers of entry in relation to enforcement.

254.

Licensing of appliances and cables, etc., on public roads.

255.

Performance of functions by planning authorities.

256.

Amendment of Environmental Protection Agency Act, 1992.

257.

Amendment of Waste Management Act, 1996.

258.

Limitation on connection to sanitary authority sewers.

259.

Limitation of section 53 of the Waterworks Clauses Act, 1847.

260.

Saving for national monuments.

261.

Control of quarries.

261A.

Further matters in relation to control of quarries.

262.

Regulations generally.

PART XIX

Commencement, Repeals and Continuance

263.

Interpretation.

264.

Repeals.

265.

Continuity of repealed enactments.

266.

Transitional provisions regarding development plans.

267.

Transitional provisions respecting compulsory acquisition of land.

268.

Miscellaneous transitional provisions.

268A.

Transitional provisions consequent on the Local Government Reform Act 2014.

269.

Regulations to remove difficulties.

270.

Commencement.

270A.

Exempted developments not affected.

PART XX

Amendments of Roads Act, 1993

271.

Amendment of section 57 of Roads Act, 1993.

272.

Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.

273.

Amendment of section 60 of Roads Act, 1993.

274.

Amendment of section 61 of Roads Act, 1993.

275.

Amendment of section 63 of Roads Act, 1993.

276.

Amendment of section 65 of Roads Act, 1993.

277.

Further amendment of Part V of Roads Act, 1993.

FIRST SCHEDULE

Purposes for which objectives may be indicated in Development Plan

Part I

Location and Pattern of Development

Part II

Control of Areas and Structures

Part III

Community Facilities

Part IV

Environment and Amenities

Part V

Infrastructure and Transport

SECOND SCHEDULE

Rules for the Determination of the Amount of Compensation

THIRD SCHEDULE

Development in Respect of which a Refusal of Permission will not Attract Compensation

FOURTH SCHEDULE

Reasons for the Refusal of Permission which Exclude Compensation

FIFTH SCHEDULE

Conditions which May be Imposed, on the Granting of Permission to Develop Land, without Compensation

SIXTH SCHEDULE

Enactments Repealed

SEVENTH SCHEDULE

Infrastructure Developments for the purposes of sections 37A and 37B


Acts Referred to

Acquisition of Land (Assessment of Compensation) Act, 1919

9 & 10 Geo. c. 5

Air Pollution Act, 1987

1987, No. 6

Capital Acquisitions Tax Act, 1976

1976, No. 8

Casual Trading Act, 1995

1995, No. 19

City and County Management (Amendment) Act, 1955

1955, No. 12

Civil Service Regulation Act, 1956

1956, No. 46

Companies Act, 1963

1963, No. 33

Companies Act, 1990

1990, No. 33

Companies Acts, 1963 to 1999

County Management Acts, 1940 to 1994

Derelict Sites Act, 1990

1990, No. 14

Dublin Docklands Development Authority Act, 1997

1997, No. 7

Environmental Protection Agency Act, 1992

1992, No. 7

Ethics in Public Office Act, 1995

1995, No. 22

European Communities Act, 1972

1972, No. 27

European Parliament Elections Act, 1997

1997, No. 2

Foreshore Act, 1933

1933, No. 12

Foreshore Acts, 1933 to 1998

Freedom of Information Act, 1997

1997, No. 13

Harbours Act, 1946

1946, No. 9

Health Act, 1970

1970, No. 1

Holidays (Employees) Act, 1973

1973, No. 25

Housing Act, 1966

1966, No. 21

Housing Act, 1988

1988, No. 28

Housing Acts, 1966 to 1998

Housing (Miscellaneous Provisions) Act, 1992

1992, No. 18

Housing of the Working Classes Act, 1890

53 & 54 Vict. c. 70

Housing (Traveller Accommodation) Act, 1998

1998, No. 33

Land Reclamation Act, 1949

1949, No. 25

Landlord and Tenant Acts, 1967 to 1994

Lands Clauses Consolidation Act, 1845

8 Vict. c. 18

Local Authorities (Officers and Employees) Act, 1926

1926, No. 39

Local Government Act, 1925

1925, No. 5

Local Government Act, 1941

1941, No. 23

Local Government Act, 1946

1946, No. 24

Local Government Act, 1955

1955, No. 9

Local Government Act, 1991

1991, No. 11

Local Government Act, 1994

1994, No. 8

Local Government (Ireland) Act, 1898

61 & 62 Vict. c. 37

Local Government (No. 2) Act, 1960

1960, No. 40

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1976

1976, No. 20

Local Government (Planning and Development) Act, 1982

1982, No. 21

Local Government (Planning and Development) Act, 1983

1983, No. 28

Local Government (Planning and Development) Act, 1990

1990, No. 11

Local Government (Planning and Development) Act, 1992

1992, No. 14

Local Government (Planning and Development) Act, 1993

1993, No. 12

Local Government (Planning and Development) Act, 1998

1998, No. 9

Local Government (Planning and Development) Act, 1999

1999, No. 17

Local Government (Planning and Development) Acts, 1963 to 1999

Local Government (Sanitary Services) Act, 1962

1962, No. 26

Local Government (Sanitary Services) Act, 1964

1964, No. 29

Local Government (Sanitary Services) Act, 1878 to 1995

Local Government (Water Pollution) Act, 1977

1977, No. 1

Mines and Quarries Act, 1965

1965, No. 7

Ministers and Secretaries (Amendment) Act, 1956

1956, No. 21

National Monuments Acts, 1930 to 1994

National Monuments (Amendment) Act, 1987

1987, No. 17

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict. c. 93

Property Values (Arbitration and Appeals) Act, 1960

1960, No. 45

Public Health (Ireland) Act, 1878

41 & 42 Vict. c. 52

Registration of Title Act, 1964

1964, No. 16

Roads Act, 1993

1993, No. 14

Roads Acts, 1993 and 1998

Roads (Amendment) Act, 1998

1998, No. 23

State Property Act, 1954

1954, No. 25

Town and Regional Planning Act, 1934

1934, No. 22

Urban Renewal Act, 1998

1998, No. 27

Vocational Education Act, 1930

1930, No. 29

Waste Management Act, 1996

1996, No. 10

Water Supplies Act, 1942

1942, No. 1

Waterworks Clauses Act, 1847

10 & 11 Vict. c. 17

Wildlife Act, 1976

1976, No. 39


Number 30 of 2000


PLANNING AND DEVELOPMENT ACT 2000

REVISED

Updated to 12 September 2018


AN ACT TO REVISE AND CONSOLIDATE THE LAW RELATING TO PLANNING AND DEVELOPMENT BY REPEALING AND RE-ENACTING WITH AMENDMENTS THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1999; TO PROVIDE, IN THE INTERESTS OF THE COMMON GOOD, FOR PROPER PLANNING AND SUSTAINABLE DEVELOPMENT INCLUDING THE PROVISION OF HOUSING; TO PROVIDE FOR THE LICENSING OF EVENTS AND CONTROL OF FUNFAIRS; TO AMEND THE ENVIRONMENTAL PROTECTION AGENCY ACT, 1992, THE ROADS ACT, 1993, THE WASTE MANAGEMENT ACT, 1996, AND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [28 th August, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Planning and Development Acts 2000 to 2016 restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 4(1), S.I. No. 270 of 2017.

Strategic housing developments and planning applications

4. (1) Subject to subsection (4), during the specified period and notwithstanding anything to the contrary contained in any other provision of the Planning and Development Acts 2000 to 2016

(a) an application for permission for a strategic housing development shall—

(i) be made to the Board under this section and not to a planning authority, other than an application for permission, the purpose of which is as set out in section 34(3A) of the Act of 2000,

(ii) be so made only where section 6(7)(b) applies or, in the case that a request is made under section 7(1) , when the Board has complied with the request pursuant to section 7(2) ,

(iii) be so made only where the applicant for permission has fulfilled the requirements set out in section 8 ,

(iv) be in such form and contain such information as is prescribed, and

(v) be accompanied by the appropriate fee,

and

(b) a copy of the application, shall be sent by the applicant to the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated.

...

C2

Certain functions of Board restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 11(3), S.I. No. 270 of 2017.

Strategic Housing Division

11. ...

(3) The Strategic Housing Division shall, subject to subsections (8), (9) and (10), determine any matter falling to be determined by the Board under the Planning and Development Acts 2000 to 2016 in relation to strategic housing development other than development to which section 4 (4) relates.

...

C3

Act applied with modifications (8.02.2016) by Dublin Transport Authority Act 2008 (15/2008), s. 44(6)(iii), as substituted by Public Transport Act 2016 (3/2016), s. 1(b)(iii), commenced on enactment.

Functions of Authority in relation to public transport infrastructure

44. —...

[(6) Where —

(a) a decision is made by the Authority under subsection (2)(b) or (5)(a) for the performance of a particular function otherwise than through a public transport authority or statutory body, or

(b) the Authority is performing its function of securing the provision of public transport infrastructure in accordance with subsection (2)(e),

the following provisions have effect —

(i) the Authority shall be empowered (notwithstanding any other enactment) to perform the function, including the acquisition of land for that purpose, and to do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of the function,

(ii) for the purpose of paragraph (a) or (b), land may be acquired by agreement or by means of a compulsory purchase order made by the Authority in accordance with Part XIV of the Act of 2000,

(iii) the provisions of any enactment concerned apply in relation to the performance of the function subject to such modifications as may be necessary and as if the Authority was named in such enactment in each place where a public transport authority or other statutory body entitled to exercise the function is named, and

...]

C4

Functions to be performed by municipal district members and local authorities prescribed (1.06.2014) by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A parts 1-3, as inserted by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.

SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

30

Making, or refusing to make, or revocation or amendment of, a tree preservation order.

Section 205 of the Act of 2000.

...

...

...

PART 2

Reserved Functions that May be Performed under Section 131A(1) (b) in Respect of a Municipal District by Municipal District Members or the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

11

Approving a proposal of the chief executive to grant permission for the development of land which would contravene materially the development plan or local area plan.

Section 34 (as amended by Schedule 2 to the Local Government Reform Act 2014) of the Act of 2000.

12

A decision in relation to the making, amendment or revocation of a local area plan within the meaning of the Act of 2000.

Section 20 (as amended by section 9 of the Planning and Development (Amendment) Act 2002 and section 13 of the Planning and Development (Amendment) Act 2010 ) of the Act of 2000.

13

The making of an addition to, or a deletion from, a record of protected structures to which Part IV of the Act of 2000 relates.

Section 54 of the Act of 2000.

14

Approving, amending or revoking a special planning control scheme.

Section 85 and 86 of the Act of 2000.

15

Deciding to vary or modify a proposed local authority own development, or deciding not to proceed with the development.

Section 179 of the Act of 2000.

16

Making, or refusing to make an order creating a public right of way over any land.

Section 207 of the Act of 2000.

17

Deciding to vary or modify, or not to proceed with, an event proposed to be carried out by a local authority.

Section 238 of the Act of 2000.

...

...

...

PART 3

Reserved Functions to be Performed by the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

32

Making an order to declare an area to be an area of special amenity.

Section 202 of the Act of 2000.

33

Making, or refusing to make, or revocation or amendment of, an order designating any area or place as a landscape conservation area.

Section 204 of the Act of 2000.

...

...

...

52

The making and amending of a scheme which determines the order of priority for allocation of affordable houses provided under Part V of the Planning and Development Act 2000 .

Section 98 of the Act of 2000.

...

...

...

69

The making of a development plan and making or refusing to make a variation of a development plan which for the time being is in force.

Sections 9, 12 and 13 of the Act of 2000.

70

The revocation or modification of a permission to develop land if the development to which the permission relates no longer conforms with the provisions of the development plan.

Section 44 of the Act of 2000.

71

Making a development contribution scheme.

Section 48 of the Act of 2000.

72

Making or amending a supplementary development contribution scheme.

Section 49 of the Act of 2000.

73

Section 169 (as amended by section 51 of the Planning and Development (Amendment) Act 2010 ) of the Act of 2000.

Section 169 (as amended by section 51 of the Planning and Development (Amendment) Act 2010 ) of the Act of 2000.

74

Amending or revoking a planning scheme for strategic development zones.

Section 171 of the Act of 2000.

75

Adoption by a planning authority of a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business.

Section 150 of the Act of 2000.

76

Making or terminating of an agreement by two or more planning authorities for sharing the cost of performing functions under the Planning and Development Act 2000 .

Section 244 of the Act of 2000.

...

...

...

C5

References to a “sanitary authority” construed as “Irish Water” (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), ss. 6, 7(4), S.I. No. 575 of 2013.

Transfer day

6.— The Minister shall, by order, appoint a day to be the transfer day for the purposes of this Act.

Transfer of functions from water service authorities to Irish Water

7.— ...

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

...

C6

References to “county council”, “city council”, “town council” and “regional assemblies” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 9(2), 25(2) and 62(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.— ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

...

Dissolution of town councils — consequential provisions

25.— ...

(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.

...

Regional assemblies

62.— ...

(2) The bodies established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999) which are subsisting at the commencement of this section shall upon such commencement continue in being until dissolved or replaced under a provision of an establishment order and be known or continue to be known, as the case may be, as regional assemblies and accordingly—

(a) subject to paragraph (b) that order shall continue to apply to each of them as it applied before such commencement and that order may be amended or revoked under this section,

(b) references in any enactment to regional authorities within the meaning of section 43 (as amended by this Act) of the Local Government Act 1991 shall, where the context admits, be read as references to regional assemblies,

...

C7

Application of Act extended (29.03.2013) by Water Services Act 2013 (6/2013), s. 21(2), S.I. No. 108 of 2013.

Installation of pipes.

21.— ...

(2) For the avoidance of doubt, the provisions of the Planning and Development Act 2000 shall apply to a metering authority as, by virtue of subsection (12) of section 41 of the Act of 2007, they apply to a water services authority.

C8

Application of Act restricted (24.12.2006) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 22(4), (5) and (6), commenced on enactment.

Certain development approvals under Part XI of Planning and Development Act 2000.

22.— ...

(4) Nothing in section 182C or any other provision of the Act of 2000 shall be read as meaning that, notwithstanding the permission granted under section 34 of the Act of 2000 in respect of that terminal before such commencement, a permission—

(a) under section 34 or 37G of the Act of 2000, and

(b) granted after the commencement of the amendments of that Act made by the Act of 2006,

is required, either in circumstances generally or in the circumstances referred to in subsection (5), in respect of the terminal referred to in subsection (6).

(5) The circumstances mentioned in subsection (4) are that an application is made under section 182C in relation to a development which, if it is carried out, will consist of the alteration or modification of the terms of the strategic gas infrastructure development referred to in subsection (6) other than the terms of that development that comprise the terminal referred to in that subsection.

(6) The terminal mentioned in subsections (4) and (5) is a terminal comprised in a strategic gas infrastructure development (within the meaning of the Act of 2000) the pipeline comprised in which development has been the subject of a consent referred to in subsection (3)(iii)(I).

C9

Application of Act restricted by Environmental Protection Agency Act 1992 (7/1992), s. 99F(1) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

Application of other Acts.

99F.—(1) Notwithstanding section 34 of the Act of 2000, or any other provision of that Act, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 of that Act in respect of any development comprising or for the purposes of the activity, subject the permission to conditions which are for the purposes of—

(a) controlling emissions from the operation of the activity, including the prevention, elimination, limitation, abatement, or reduction of those emissions, or

(b) controlling emissions related to or following the cessation of the operation of the activity.

...

C10

Powers and functions in relation to Act transferred (10.07.2002) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002), arts. 3, 4(1) and sch. part 1.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Environment and Local Government.

(2) References to the Department of Community, Rural and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Environment and Local Government.

4. (1) The functions vested in the Minister for Community, Rural and Gaeltacht Affairs —

(a) by or under any of the instruments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b) under the Regulations mentioned in Part 2 of that Schedule, and ...

are transferred to the Minister for the Environment and Local Government.

...

Schedule Part 1

Enactments and provisions of enactments, functions under which are transferred from the Minister for Community, Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government

...

Planning and Development Act 2000 (No. 30 of 2000) (in so far as it relates to or refers to the Minister for Community, Rural and Gaeltacht Affairs (except section 33 (3)(c)))

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Part 2

Regulations, functions under which are transferred from the Minister for Community, Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government

Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) (in so far as they relate to or refer to the Minister for Community, Rural and Gaeltacht Affairs (except Article 28 (1)(n) Article 82 (3)(m), Article 121 (1)(m) and Article 179 (2)(p)))

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C11

Application of Act restricted (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 39(4), commenced on enactment, as substituted (1.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 49(b), S.I. No. 684 of 2006.

[Environmental impact statement.

39.— ...

(4) The European Communities (Environmental Impact Assessment) Regulations 1989 to 2005 and the Act of 2000 and any regulation made thereunder in relation to environmental impact assessment shall not apply to anything done under an order made under this Act. ]

Editorial Notes:

E1

This Act is amended by Planning and Development (Amendment) Act 2018, not commenced as of date of revision. The amendments by that Act are not included in this revision, but are included in the revision of 22 October 2018.

E2

Functions of Board under collectively cited Planning and Development Acts 2000 to 2016 in relation to certain developments assigned to Strategic Housing Division (3.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 11(3), (8), (9) and (10), S.I. No. 270 of 2017.

E3

Conditions, restrictions and other procedures in relation to the performance of reserved function by municipal district members forming part of an elected council provided (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014).

E4

Provision made to ensure measures are taken to secure appropriate provision for the management of waste by planning authorites and An Bord Pleanála in performing their functions under collectively cited Planning and Development Acts 2000 to 2002 by Waste Management Act 1996 (10/1996), s. 10D as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26, S.I. No. 393 of 2004.

E5

Previous affecting provision: functions under Act made subject to presumption of corruption (9.07.2001) by Prevention of Corruption (Amendment) Act 2001 (27/2001), s. 4(1) and (2)(c), commenced on enactment; repealed (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 4 and sch. 2, S.I. No. 298 of 2018.