Planning and Development Act 2000

Number 30 of 2000

PLANNING AND DEVELOPMENT ACT 2000

REVISED

Updated to 31 December 2023

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 the Electoral (Amendment) Act 2023 (40/2023), enacted 19 December 2023, and all statutory instruments up to and including the Income Tax (Employments) Regulations 2024 (S.I. No. 1 of 2024), made 4 January 2023, 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 31 December 2023


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.

3A.

Short term lettings.

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.

9A.

Modification to operation of section 9 of Act of 2000 having regard to Covid-19.

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.

11D.

Modification to operation of sections 11 and 11B of Act of 2000 having regard to Covid-19.

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 IIA

National Planning Framework

20A.

National Planning Framework

20B.

Objective of National Planning Framework

20C.

Matters to be addressed in National Planning Framework

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.

27D.

Modification of role of regional assembly having regard to Covid-19.

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 IIB

Office of the Planning Regulator

Chapter I

Preliminary and General (Part IIB)

31K.

Definitions (Part IIB)

Chapter II

Establishment, Organisation, Staffing etc.

31L.

Establishment of Office of the Planning Regulator

31M.

Office of the Planning Regulator

31N.

Planning Regulator

31O.

Seal of Planning Regulator

31P.

Functions of Office

31Q.

Education, training and research functions

31R.

Performance of functions by Office

31S.

Office to have regard to certain policies and objectives and to requirements

31T.

Corporate strategy of Office

31U.

Monitoring of performance of Office

31V.

Consultation between Minister and Planning Regulator

31W.

Appointment and term of office of Planning Regulator

31X.

Transitional provisions relating to Office

31Y.

Resignation and removal of Regulator

31Z.

Directors

31AA.

Staff of Office

31AB.

Membership of either House of Oireachtas, European Parliament or local authority

31AC.

Members of staff of Office to be civil servants

31AD.

Prohibition on disclosure of information relating to functions of Office

31AE.

Liability of Planning Regulator or member of staff for acts and omissions

31AF.

Grants to Office

31AG.

Accounts and audits of Office

31AH.

Annual report of Office

31AI.

Provision of services and resources by Minister to Office

31AJ.

Service providers

31AK.

Fees payable to Office

31AL.

Code of conduct

Chapter III

Evaluation and assessment carried out by Office of the Planning Regulator

31AM.

Evaluation and assessment by Office of matters relating to development plans

31AN.

Consequential provisions to section 31AM

31AO.

Evaluation and assessment by Office of matters relating to local area plans

31AP.

Consequential provisions to section 31AO

31AQ.

Evaluation and assessment by Office of matters relating to regional spatial and economic strategies

31AR.

Consequential provisions to section 31AQ

Chapter IV

Review of Planning Functions

31AS.

Review at instigation of Office

31AT.

Review by Office at instigation of Minister

31AU.

Complaint to Office in respect of planning authority

31AV.

Information and records to be made available to Office

31AW.

Access to information (Part IIB)

31AX.

Offences (Part IIB)

PART III

Control of Development

32.

General obligation to obtain permission.

32A.

Person to seek opinion of planning authority prior to application for LRD.

32B.

Request for LRD meeting.

32C.

LRD meeting.

32D.

LRD Opinion.

32E.

LRD procedure without prejudice to performance by the planning authority of other functions.

32F.

Effect of steps not being completed within the time period.

32G.

Offence of taking payment, etc. in connection with LRD procedure.

32H.

Application for opinion under section 32I.

32I.

Opinion as to flexibility with regard to application for permission.

32J.

Procedure without prejudice to performance by the planning authority of other functions.

32K.

Effect of steps not being completed within the time period.

32L.

Offence of taking payment, etc. in connection with section 32H procedure.

33.

Regulations regarding applications for permission.

34.

Permission for development.

34A.

Interpretation - sections 34B, 34C, 37R and 37S.

34B.

Supplementary provisions relating to proposed development at Dublin Airport.

34C.

Supplementary provisions relating to operating restriction included in planning permission.

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.

37CC.

Application for opinion under section 37CD.

37CD.

Section 37B: supplemental provisions.

37CE.

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

37R.

Supplementary provisions relating to decisions on applications referred to in section 34B(1) or 34C(1) which were not refused by virtue of section 34B(5) or 34C(5)

37S.

Supplementary provisions relating to decisions on applications referred to in section 34B(1) or 34C(1)

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. (Repealed)

42B.

Modification to operation of section 42 of Act of 2000 having regard to Covid-19.

43.

Regulations regarding sections 40, 41 and 42.

44.

Revocation or modification of permission.

44A.

Revocation or modification of planning permission for certain reasons.

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. (Repealed)

99.

Controls on resale of certain houses. (Repealed)

100.

Regulations under this Part. (Repealed)

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.

105A.

Appointment of chairperson on interim basis.

106.

Appointment of ordinary members.

107.

Appointment of deputy chairperson.

107A.

General power of deputy chairperson to perform functions of chairperson where office is vacant.

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.

126A.

Time limits for LRD appeals.

126B.

Consequences of non-compliance with time limits for LRD appeals.

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

146D.

Application of sections 146A to 146C to railway orders.

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.

173C.

Environmental impact assessment relating to waste water discharges.

173D.

Environmental impact assessment relating to abstractions.

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. (Repealed)

177C.

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

177D.

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

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.

178A.

Development in maritime area by local authority or State authority

179.

Local authority own development.

179A.

Local authority own housing 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.

182AA.

Disapplication of section 182A of Act of 2000.

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.

182F.

Application for opinion under section 182G.

182G.

Opinion as to flexibility with regard to application for approval.

182H.

Offence of taking payment, etc. in connection with section 182G procedure.

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. Repealed

225.

Obligation to obtain permission in respect of development on foreshore.

226.

Local authority development on foreshore. Repealed

227.

Acquisition of land etc, on foreshore. Repealed

228.

Entering on foreshore for certain purposes. Repealed

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.

251A.

Calculation of time limits during emergency.

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. (Repealed)

257.

Amendment of Waste Management Act, 1996.

258.

Limitation on connection to sanitary authority sewers. (Repealed)

259.

Limitation of section 53 of the Waterworks Clauses Act, 1847. (Repealed)

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.

PART XXI

Maritime Development

Chapter I

Preliminary and General

278.

Definitions

278A.

Disapplication of Chapters II and III of Part XXI of Act of 2000

279.

Extension of functional area of coastal planning authority

279A.

Maritime Area Regulatory Authority is prescribed body

Chapter II

Certain Development in Nearshore Area

280.

Application of Chapter

281.

Obligation to obtain permission to carry out development

282.

Consideration by planning authority of application for permission for development

283.

Effect of bringing of judicial review of maritime area consent on application under section 34 or appeal under section 37

Chapter III

Other Development in Maritime Area

284.

Definitions

285.

Application of Chapter

286.

Obligation to obtain permission to carry out development

287.

Consultation with Board prior to application for permission

287A.

Application for opinion under section 287B

287B.

Opinion of Board as to flexibility with regard to application for permission

287C.

Offence of taking payment etc.

288.

Provision supplementing section 287

289.

Screening for environmental impact assessment in respect of proposed development

290.

Opinion of Board on information to be contained in environmental impact assessment report

291.

Application to Board

292.

Provision supplementing section 291

293.

Decision by Board in respect of application under section 291

294.

Provision supplementing section 293

295.

Period within which decision under section 293 to be made

296.

Discussions with Board prior to application for alteration of development in maritime area

297.

Request for alteration of terms of permission to which this Chapter applies

298.

Alteration, other than material alteration, of terms of permission

299.

Material alteration of terms of permission

300.

Request for opinion of Board with regard to environmental impact assessment

301.

Environmental impact assessment report in accordance with requirement under section 297

302.

Submission and notification of environmental impact assessment report and Natura impact statement

303.

Application of section 177AA to request for material alteration of terms of permission

304.

Effect of bringing of judicial review of maritime area consent on application for permission

305.

Oral hearings

306.

Regulations

Chapter IV

Manner of Application of Certain Provisions to Maritime Area

307.

Definition

308.

Disapplication of certain provisions of Act in relation to maritime area

309.

Construction of references to land

310.

Construction of references to proper planning and sustainable development

311.

Construction of references to National Planning Framework

312.

Construction of references to development plan

313.

Construction of references to planning authority

314.

Application of section 5 to outer maritime area

315.

Application of section 137

316.

Application of section 146

317.

Application of Part X

318.

Application of Part XAB

319.

Public notice of application

320.

Consultation by coastal planning authority with Maritime Area Regulatory Authority

321.

Consultation by Board with Maritime Area Regulatory Authority

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

EIGHTH SCHEDULE

Classes of Development specified for purposes of Chapter III of Part XXI

NINTH SCHEDULE

Part I

Relevant provisions for purposes of section 309

Part II

Relevant provisions for purposes of section 312

Part III

Relevant provisions for purposes of section 313


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 31 December 2023


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. [28th August, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Application of Act other than ss. 50, 50A, and 50B restricted (23.05.2023) by European Union (Planning and Development) (Development for Accommodation of Displaced Persons) Regulations 2023 (S.I. No. 251 of 2023).

3. The Act of 2000, other than sections 50, 50A, and 50B, shall not apply to the development described in the Schedule proposed to be carried out, for the purposes of providing accommodation to displaced persons, on behalf of the Minister for Children, Equality, Disability, Integration and Youth.

SCHEDULE

Part 1

Site: Columb Barracks

Address: Ashe Road, Mullingar, Co. Westmeath.

...

C2

Application of Act other than s. 181 restricted (16.05.2023) by Planning and Development (Section 181) Regulations 2023 (S.I. No. 243 of 2023).

3. The Planning and Development Act 2000 (other than section 181) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period.

SCHEDULE

Classes of development to which Planning and Development Act 2000 (other than section 181) shall not apply:

temporary weather radar station by or on behalf of the Minister for Housing, Local Government and Heritage.

C3

Application of Act restricted (11.11.2022) by Development (Emergency Electricity Generation) Act 2022 (35/2022), s. 3, S.I. No. 564 of 2022.

Disapplication of Planning and Development Act 2000 to designated development

3. None of the provisions of the Planning and Development Act 2000 shall apply to the designated development.

C4

Application of Act restricted (23.06.2022) by European Union (Planning and Development) (Displaced Persons From Ukraine Temporary Protection) Regulations 2022 (S.I. No. 306 of 2022), reg. 3 and sch.

3. (1) The Act of 2000 (other than sections 181A to 181C) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period for the purposes of providing temporary protection to displaced persons.

(2) A reference to “proposed development” in sections 181A to 181C of the Act of 2000 shall include a reference to development of a class specified in the Schedule to which section 181A(1) of the Act of 2000 would apply if it was development of a class specified in regulations made under section 181(1)(a) of the Act of 2000.

SCHEDULE

Article 3

1. Reception and integration facilities.

2. Residential accommodation, including ancillary recreational and sporting facilities.

3. Medical and other health and social care accommodation.

4. Education and childcare facilities, including ancillary recreational and sporting facilities.

5. Emergency management coordination facilities.

6. Structures or facilities ancillary to development referred to in paragraphs 1 to 5, including administration and storage facilities.

7. Infrastructure and other works ancillary to development referred to in paragraphs 1 to 6.

C5

Application of Act restricted (27.03.2020 for relevant period) by Planning and Development Act 2000 (Section 181) Regulations 2020 (S.I. No. 93 of 2020).

2. In these Regulations “relevant period” means the period commencing on the making of these Regulations and ending on the day on which Part 3 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020) ceases to have effect by virtue of subsection (3) of section 2 of that Act.

3. The Planning and Development Act 2000 (other than section 181) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period.

SCHEDULE

Classes of development to which Planning and Development Act 2000 (other than section 181) shall not apply

acute and other health and social care accommodation

self-isolation or other Covid-19 related short stay accommodation

Covid-19 and other step down accommodation

medical testing centre or laboratory

emergency management coordination facilities

mortuary facilities

ancillary and other accommodation including storage facilities

ancillary infrastructure and other works to support the above development

C6

Application of Act extended (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 20(2), S.I. No. 403 of 2019.

Noise insulation scheme

20. ...

(2) Subject to subsection (3), on and after the relevant day, a scheme shall be deemed to be a noise mitigation measure introduced by the competent authority and the provisions of this Act and the Act of 2000 shall, with all necessary modifications, apply to the scheme accordingly.

(3) On and after the relevant day, the competent authority shall ensure that the scheme applies to all homes located within the relevant noise contours.

C7

Certain functions transferred to Cork City Council as a result of the Cork City and Council areas boundary alteration (31.01.2019) by Local Government Act 2019 (1/2019), s. 31, S.I. No. 20 of 2019.

Planning applications and development contribution schemes

31. (1) For the purposes of the Act of 2000 or any instrument under that Act and subject to subsection (2), the county council shall, after the transfer day, be the planning authority in relation to any planning application made before the transfer day in respect of development or proposed development in the relevant area.

(2) (a) Subject to paragraph (b), the functions of a planning authority under the Act of 2000 shall, as respects—

(i) a decision under section 34 of that Act, or

(ii) a determination under section 37 of that Act,

made before the transfer day in relation to development or proposed development in the relevant area, be performable from that day by the city council.

(3) Any contribution—

(a) paid before the transfer day in accordance with section 49 of the Act of 2000 for the purpose of any public infrastructure service or project in the relevant area, and

(b) vested in the city council under Part 2,

shall be expended by the city council for that purpose.

(4) Any development contribution scheme under section 48 of the Act of 2000 or supplementary development contribution scheme under section 49 of that Act made by the city council shall, from the transfer day, apply to the relevant area as it applies to the rest of the functional area of the city council.

...

C8

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.

...

C9

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.

...

C10

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

...]

C11

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

Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones.

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.

...

...

...

C12

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.

...

C13

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,

...

C14

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.

C15

Provision made as to costs of proceedings under Act (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 6, 7, S.I. No. 433 of 2011, art. 2(a).

Costs of proceedings to be borne by each party in certain circumstances.

3.— (1) Notwithstanding anything contained in any other enactment or in— ...

and subject to subsections (2), (3) and (4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.

(2) The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that he or she succeeds in obtaining relief and any of those costs shall be borne by the respondent, or as the case may be, defendant or any notice party, to the extent that the acts or omissions of the respondent, or as the case may be, defendant or any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining relief.

(3) A court may award costs against a party in proceedings to which this section applies if the court considers it appropriate to do so—

(a) where the court considers that a claim or counter-claim by the party is frivolous or vexatious,

(b) by reason of the manner in which the party has conducted the proceedings, or

(c) where the party is in contempt of the court.

(4) Subsection (1) does not affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.

(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section applies, a reference to the District Court, the Circuit Court, the High Court or the Supreme Court, as may be appropriate.

C16

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).

C17

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.

...]

C18

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)))

...

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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C19

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

Act designated a relevant enactment for purposes of calculation of emergency periods in relation to specified periods in Act and power to make emergency period orders provided (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 5(9)(c), commenced on enactment.

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 authorities 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.