Planning and Development Act 2000

Planning and Development Act 2000


Number 30 of 2000


PLANNING AND DEVELOPMENT ACT 2000

REVISED

Updated to 3 July 2017


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 Inland Fisheries (Amendment) Act 2017 (16/2017), enacted 6 July 2017, and all statutory instruments up to and including Statistics (Consumer Price Survey) Order 2017 (S.I. No. 313 of 2017), made 3 July 2017, 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 3 July 2017


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 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 1(2)(a)). The Acts 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.

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 1994, 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

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 Inland Fisheries (Amendment) Act 2017 (16/2017), enacted 6 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

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 Statistics (Consumer Price Survey) Order 2017 (S.I. No. 313 of 2017), made 3 July 2017, were considered in the preparation of this revision.


Number 30 of 2000


PLANNING AND DEVELOPMENT ACT 2000

REVISED

Updated to 3 July 2017


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.

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.

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 31 May 2017


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)))

...

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)))

...

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

Prospective affecting provision: functions of Board under collectively cited Planning and Development Acts 2000 to 2016 in relation to certain developments designated to Strategic Housing Division by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 11(3), (8), (9) and (10), not commenced as of date of revision.

E2

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).

E3

Provision made (12.07.2004) 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 by Protection of the Environment Act 2003 (27/2003), s. 26, S.I. No. 393 of 2004.

E4

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.

PART I

Preliminary and General

Short title.

1

1.— This Act may be cited as the Planning and Development Act, 2000.

1A

F1 [ Legal acts of the European Union given effect to by this Act.

1A

1A. Effect or further effect, as the case may be, is given by this Act to an act specified in the Table to this section, adopted by an institution of the European Union or, where appropriate, to part of such an act.

TABLE

Council Directive 75/440 EEC of 16 June 1975 1 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States

Council Directive 79/409/EEC of 2 April 1979 2 on the conservation of wild birds

Environmental Impact Assessment Directive

Council Directive 91/271/EEC of 21 May 1991 3 concerning urban waste-water treatment

Habitats Directive

Major Accidents Directive

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 4 establishing a framework for Community action in the field of water policy

Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 5 on the assessment of the effects of certain plans and programmes on the environment

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 6 on public access to environmental information and repealing Council Directive 90/313/EC

Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 7 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC

Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 8 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community

Birds Directive ]

Annotations:

Amendments:

F1

Inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 3, S.I. No. 405 of 2010.

1 O.J. No. L194, 25.7.1975 p. 26-31

2 O.J. No. L103, 25.4.1979 p. 1-18

3 O.J. No. L135, 30.5.1991 p. 40-52

4 O.J. No. L327, 22.12.2000 p. 1

5 O.J. No. L197, 21.7.2001 p. 30

6 O.J. No. L41, 14.2.2003 p. 26

7 O.J. No. L156, 25.6.2003 p. 17

8 O.J. No. L64 4.3.2006 p. 52

Interpretation.

2

2.— (1) In this Act, except where the context otherwise requires—

“acquisition of land” shall be construed in accordance with section 213 (2) , and cognate words shall be construed accordingly;

“the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919;

“the Act of 1934” means the Town and Regional Planning Act, 1934;

“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 ;

“the Act of 1976” means the Local Government (Planning and Development) Act, 1976 ;

“the Act of 1982” means the Local Government (Planning and Development) Act, 1982 ;

“the Act of 1983” means the Local Government (Planning and Development) Act, 1983 ;

“the Act of 1990” means the Local Government (Planning and Development) Act, 1990 ;

“the Act of 1992” means the Local Government (Planning and Development) Act, 1992 ;

“the Act of 1993” means the Local Government (Planning and Development) Act, 1993 ;

“the Act of 1998” means the Local Government (Planning and Development) Act, 1998 ;

“the Act of 1999” means the Local Government (Planning and Development) Act, 1999 ;

F2 [ Act of 2001 means the Transport (Railway Infrastructure) Act 2001 ;

Act of 2006 means the Planning and Development (Strategic Infrastructure) Act 2006 ;

Act of 2007 means the Water Services Act 2007 ;

Act of 2008 means the Dublin Transport Authority Act 2008 ;

Act of 2010 means the Planning and Development (Amendment) Act 2010 ; ]

F2 [ adaptation to climate change means the taking of measures to manage the impacts of climate change; ]

“advertisement” means any word, letter, model, balloon, inflatable structure, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction;

“advertisement structure” means any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for exhibiting advertisements or any attachment to a building or structure used for advertising purposes;

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the training of horses and the rearing of bloodstock, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;

F2 [ allotment means an area of land comprising not more than 1,000 square metres let or available for letting to and cultivation by one or more than one person who is a member of the local community and lives adjacent or near to the allotment, for the purpose of the production of vegetables or fruit mainly for consumption by the person or a member of his or her family; ]

“alteration” includes—

( a) plastering or painting or the removal of plaster or stucco, or

( b) the replacement of a door, window or roof,

that materially alters the external appearance of a structure so as to render the appearance inconsistent with the character of the structure or neighbouring structures;

F2 [ anthropogenic in relation to greenhouse gas emissions means those emissions that result from or are produced by human activity or intervention; ]

“appeal” means an appeal to the Board;

F2 [ appropriate assessment shall be construed in accordance with section 177R ; ]

“architectural conservation area” shall be construed in accordance with section 81(1) ;

“area of special planning control” shall be construed in accordance with section 85(8) ;

“attendant grounds”, in relation to a structure, includes land lying outside the curtilage of the structure;

F3 [ Birds Directive means Directive 2009/147/EC 9 of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds; ]

“Board” means An Board Pleanála;

“chairperson” means the chairperson of the Board,

“Commissioners” means the Commissioners of Public Works in Ireland;

“company”, except in section 149(5) , means a company within the meaning of section 2 of the Companies Act, 1963, or a company incorporated outside the State;

F2 [ core strategy shall be construed in accordance with section 10 (inserted by section 7 of the Planning and Development (Amendment) Act 2010 ); ]

F4 [ ]

“dangerous substance” has the meaning assigned to it by the Major Accidents Directive;

“deputy chairperson” means the deputy chairperson of the Board;

“development” has the meaning assigned to it by section 3 , and “develop” shall be construed accordingly;

“development plan” means a development plan under section 9(1) ;

F5 [ DTA means the body formerly known as the Dublin Transport Authority whose name was changed with effect from 1 December 2009 to the National Transport Authority pursuant to section 30 of the Public Transport Regulation Act 2009 ; ]

F2 [ electronic form means information that is generated, communicated, processed, sent, received, recorded, stored or displayed by electronic means and is capable of being used to make a legible copy or reproduction of that communicated information but does not include information communicated in the form of speech and such electronic means includes electrical, digital, magnetic, optical electro-magnetic, biometric, photonic and any other form of related technology; ]

“endangered” means exposed to harm, decay or damage, whether immediately or over a period of time, through neglect or through direct or indirect means;

“enforcement notice” means an enforcement notice under section 154 ;

F2 [ Environmental impact assessment has the meaning given to it by section 171A ;

Environmental Impact Assessment Directive means F6 [ Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment ] ; ]

“environmental impact statement” means a statement of the effects, if any, which proposed development, if carried out, would have on the environment F7 [ and shall include the information specified in Annex IV of Council Directive No. 2011/92/EU ];

F3 [ European site has the meaning given to it by section 177R of Part XAB ; ]

“exempted development” has the meaning specified in section 4 ;

“exhibit”, in relation to an advertisement, includes affix, inscribe, print, paint, illuminate and otherwise delineate;

“existing establishment” has the meaning that it has in the Major Accidents Directive;

“fence” includes a hoarding or similar structure but excludes any bank, wall or other similar structure composed wholly or mainly of earth or stone;

F2 [ flood risk assessment means an assessment of the likelihood of flooding, the potential consequences arising and measures, if any, necessary to manage those consequences; ]

F8 [ functional area means, in relation to a planning authority, its administrative area for the purposes of the Local Government Acts 1925 to 2014; ]

F9 [ Greater Dublin Area ( GDA ) has the meaning assigned to it by section 3 of the Dublin Transport Authority Act 2008; ]

“habitable house” means a house which—

( a) is used as a dwelling,

( b) is not in use but when last used was used, disregarding any unauthorised use, as a dwelling and is not derelict, or

( c) was provided for use as a dwelling but has not been occupied;

F3 [ Habitats Directive means Council Directive 92/43/EEC 10 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, amended by Corrigendum to Council Directive 92/43/EEC 11 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora amended by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded 12 ; Council Directive 97/62/EC 13 of 27 October 1997 adapting to technical and scientific progress Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded 14 , and Council Directive 2006/105/EC 15 of 20 November 2006 adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania; ]

“house” means a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building;

F2 [ housing strategy means a strategy included in a development plan under section 94 ; ]

“integrated pollution control licence” means a licence under Part IV of the Environmental Protection Agency Act, 1992;

“land” includes any structure and any land covered with water (whether inland or coastal);

F2 [ landscape has the same meaning as it has in Article 1 of the European Landscape Convention done at Florence on 20 October 2000; ]

“local area plan” means a local area plan under section 18 ;

F10 [ local authority means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014); ]

“major accident” has the meaning assigned to it by the Major Accidents Directive;

F3 [ Major Accidents Directive means Council Directive 96/82/EC of 9 December 1996 16 amended by Directive 2003/105/EC of the European Parliament and Council of 16 December 2003 17 ; ]

F11 [ manager , in relation to a local authority, means the chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001 ; ]

F12 [ mine means an excavation or system of excavations made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;

S

minerals includes stone, slate, clay, gravel, sand and other natural deposits except peat; ]

“Minister” means the Minister for the Environment and Local Government;

F13 [ National Spatial Strategy means the National Spatial Strategy: 2002 2020 published by the Government on 28 November 2002, or any document published by the Government which amends or replaces that Strategy; ]

F2 [ Natura 2000 network has the meaning assigned to it by Article 3, paragraph 1 of the Habitats Directive;

Natura impact statement shall be construed in accordance with section 177T ;

Natura impact report shall be construed in accordance with section 177T ; ]

“new establishment” has the meaning that it has in the Major Accidents Directive;

F14 [ NTA means the National Transport Authority, being the name to which the name of the Dublin Transport Authority was changed with effect from 1 December 2009 pursuant to section 30 of the Public Transport Regulation Act 2009 ; ]

“occupier”, in relation to a protected structure or a proposed protected structure, means—

( a) any person in or entitled to immediate use or enjoyment of the structure,

( b) any person entitled to occupy the structure, and

( c) any other person having, for the time being, control of the structure;

F15 [ operator in relation to a quarry means a person who at all material times is in charge of the carrying on of quarrying activities at a quarry or under whose direction such activities are carried out; ]

“ordinary member” means a member of the Board other than the chairperson;

“owner”, in relation to land, means a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

“party to an appeal or referral” means the planning authority and any of the following persons, as appropriate—

( a) the appellant,

( b) the applicant for any permission in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

( c) in the case of a referral under section 5 , the person making the referral, and any other person notified under subsection (2) of that section,

( d) in the case of a referral under section 34(5) , the applicant for the permission which was granted,

( e) in the case of a referral under section 37(5) , the person who made the application for permission which was returned by the planning authority,

( f) any person served or issued by a planning authority with a notice or order, or copy thereof, under sections 44, 45, 46, 88 and 207,

F16 [ ( ff ) in the case of a referral under section 57(8), the person making the referral, ]

( g) in the case of a referral under section 96(5) , a prospective party to an agreement under section 96(2) ,

( h) in the case of an appeal under section 169 , the development agency,

( i) in the case of a referral under section 193 , the person by whom the application for permission for erection of the new structure was made,

( j) the applicant for a licence under section 254 in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

and “party” shall be construed accordingly;

F17 [ permission means a permission granted under section 34 , 37G or 37N , as appropriate; ]

F17 [ permission regulations means regulations under section 33 , 37P , 172(2) or 174 ; ]

F3 [ planning application means an application to a planning authority, or the Board, as the case may be, in accordance with permission regulations for permission for the development of land required by those regulations; ]

F18 [ planning authority means a local authority; ]

“prescribed” means prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly;

“proposed protected structure” means a structure in respect of which a notice is issued under section 12(3) or under section 55 proposing to add the structure, or a specified part of it, to a record of protected structures, and, where that notice so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;

“protected structure” means—

( a) a structure, or

( b) a specified part of a structure,

which is included in a record of protected structures, and, where that record so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;

“protection”, in relation to a structure or part of a structure, includes conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part;

“public place” means any street, road, seashore or other place to which the public have access whether as of right or by permission and whether subject to or free of charge;

“public road” has the same meaning as in the Roads Act, 1993;

F19 [ quarry means an excavation or system of excavations made for the purpose of, or in connection with, the getting of minerals (whether in their natural state or in solution or suspension) or products of minerals, being neither a mine nor merely a well or bore-hole or a well and bore-hole combined, and shall be deemed to include

(i) any place on the surface surrounding or adjacent to the quarry occupied together with the quarry for the storage or removal of the minerals or for the purposes of a process ancillary to the getting of minerals, including the breaking, crushing, grinding, screening, washing or dressing of such minerals but, subject thereto, does not include any place at which any manufacturing process is carried on;

(ii) any place occupied by the owner of a quarry and used for depositing refuse from it but any place so used in connection with two or more quarries, and occupied by the owner of one of them, or by the owners of any two or more in common, shall be deemed to form part of such one of those quarries as the Minister may direct;

(iii) any line or siding (not being part of a railway) serving a quarry but, if serving two or more quarries shall be deemed to form part of such one of them as the Minister may direct;

(iv) a conveyor or aerial ropeway provided for the removal from a quarry of minerals or refuse. ]

“record of protected structures” means the record included under section 51 in a development plan;

F20 [ referral means a referral to the Board under section 5 , 34(5) , 37(5) , 57 , 96(5) or 193(2) ; ]

F21 [ regional assembly means a body established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991 ; ]

F22 [ regional assemblies in respect of the GDA means regional assemblies established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991 , in respect of a region or regions which includes all or part of the Greater Dublin Area for the purposes of section 3 of the Dublin Transport Authority Act 2008 ; ]

F23 [ regional spatial and economic strategy means regional spatial and economic strategy made under Chapter III of Part II ; ]

“register” means the register kept under section 7 ;

“registering authority” means a registering authority within the meaning of the Registration of Title Act, 1964;

F24 [ reserved function , in relation to a local authority, shall be construed in accordance with section 131 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001 ; ]

“risk” has the meaning assigned to it by the Major Accidents Directive;

“road” has the same meaning as in the Roads Act, 1993;

“seashore” has the same meaning as in the Foreshore Act, 1933;

F2 [ service connection has the meaning given to it by section 2 of the Act of 2007;

settlement hierarchy has the meaning given to it by section 10(2C) (inserted by section 7 of the Act of 2010); ]

“shares” includes stock and “share capital” shall be construed accordingly;

“special amenity area order” means an order confirmed under section 203 ;

“State authority” means—

( a) a Minister of the Government, or

( b) the Commissioners;

“statutory undertaker” means a person, for the time being, authorised by or under any enactment or instrument under an enactment to—

( a) construct or operate a railway, canal, inland navigation, dock, harbour or airport,

( b) provide, or carry out works for the provision of, gas, electricity or telecommunications services, or

( c) provide services connected with, or carry out works for the purposes of the carrying on of the activities of, any public undertaking;

F2 [ strategic development zone has the meaning given to it by section 165 ; ]

F25 [ strategic downstream gas pipeline means any proposed gas pipeline, other than an upstream gas pipeline, which is designed to operate at 16 bar or greater, and is longer than 20 kilometres in length;

F2 [ strategic environmental assessment means an assessment carried out in accordance with regulations made under section 10(5) , 13(12) , 19(4) , 23(3) , or 168(3) as the case may be; ]

strategic gas infrastructure development means any proposed development comprising or for the purposes of a strategic downstream gas pipeline or a strategic upstream gas pipeline, and associated terminals, buildings and installations, whether above or below ground, including any associated discharge pipe;

strategic infrastructure development means

( a ) any proposed development in respect of which a notice has been served under section 37B(4)(a) ,

( b ) any proposed development by a local authority referred to in section 175(1) or 226(6) ,

F26 [ ( c ) any proposed development referred to in section 181A(1) which has been identified as likely to have significant effects on the environment in accordance with regulations made under section 176 , ]

( d ) any proposed development referred to in section 182A(1) ,

( e ) any proposed strategic gas infrastructure development referred to in section 182C(1) ,

( f ) any scheme or proposed road development referred to in section 215 ,

( g ) any proposed railway works referred to in section 37(3) of the Transport (Railway Infrastructure) Act 2001 (as amended by the Planning and Development (Strategic Infrastructure) Act 2006), or

F27 [ ( h ) any compulsory acquisition of land referred to in section 214 , 215A , 215B or 215C , being an acquisition related to development specified in any of the preceding paragraphs of this definition; ]

Strategic Infrastructure Division means the division of the Board referred to in section 112A(1);

strategic upstream gas pipeline means so much of any gas pipeline proposed to be operated or constructed

( a ) as part of a gas production project, or

( b ) for the purpose of conveying unprocessed natural gas from one or more than one such project to a processing plant or terminal or final coastal landing terminal,

as will be situate in the functional area or areas of a planning authority or planning authorities; ]

“structure” means any building, structure, excavation, or other thing constructed or made on, in or under any land, or any part of a structure so defined, and—

( a) where the context so admits, includes the land on, in or under which the structure is situate, and

( b) in relation to a protected structure or proposed protected structure, includes—

(i) the interior of the structure,

(ii) the land lying within the curtilage of the structure,

(iii) any other structures lying within that curtilage and their interiors, and

(iv) all fixtures and features which form part of the interior or exterior of any structure or structures referred to in subparagraph (i) or (iii);

F2 [ substitute consent has the meaning given to it by section 177A ; ]

“substratum of land” means any subsoil or anything beneath the surface of land required—

( a) for the purposes of a tunnel or tunnelling or anything connected therewith, or

( b) for any other purpose connected with a scheme within the meaning of the Roads Act, 1993;

“Transboundary Convention” means the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland), on 25 February, 1991;

F9 [ transport strategy has the meaning assigned to it by section 12 of the Dublin Transport Authority Act 2008; ]

“traveller” means a traveller within the meaning of section 2 of the Housing (Traveller Accommodation) Act, 1998 ;

“unauthorised development” means, in relation to land, the carrying out of any unauthorised works (including the construction, erection or making of any unauthorised structure) or the making of any unauthorised use;

“unauthorised structure” means a structure other than—

( a) a structure which was in existence on 1 October 1964, or

( b) a structure, the construction, erection or making of which was the subject of a permission for development granted under Part IV of the Act of 1963 or deemed to be such under section 92 of that Act F17 [ or under section 34 , 37G or 37N of this Act ], being a permission which has not been revoked, or which exists as a result of the carrying out of exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act);

“unauthorised use” means, in relation to land, use commenced on or after 1 October 1964, being a use which is a material change in use of any structure or other land and being development other than—

( a) exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act), or

( b) development which is the subject of a permission granted under Part IV of the Act of 1963 F17 [ or under section 34 , 37G or 37N of this Act ], being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject;

“unauthorised works” means any works on, in, over or under land commenced on or after 1 October 1964, being development other than—

( a) exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act), or

( b) development which is the subject of a permission granted under Part IV of the Act of 1963 F17 [ or under section 34 , 37G or 37N of this Act ], being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject;

“use”, in relation to land, does not include the use of the land by the carrying out of any works thereon;

“warning letter” means a notification in writing under section 152(1) ;

“waste licence” means a waste licence under Part V of the Waste Management Act, 1996 ;

“works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal and, in relation to a protected structure or proposed protected structure, includes any act or operation involving the application or removal of plaster, paint, wallpaper, tiles or other material to or from the surfaces of the interior or exterior of a structure.

(2) In this Act—

( a) a reference to a section, Schedule, Chapter or Part is to a section, Schedule, Chapter or Part of this Act, unless it is indicated that reference to some other enactment is intended, and

( b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) In this Act, a reference to the carrying out of development on behalf of a State authority shall, where that authority is a Minister of the Government, be construed as including a reference to the carrying out of development by the Commissioners on behalf of the Minister.

(4) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.

(5) A reference in this Act to performance of functions includes a reference to the exercise of powers and the performance of duties.

(6) A reference in this Act to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(7) The doing of anything that is required under this Act to be done by resolution shall be a reserved function.

Annotations:

Amendments:

F2

Inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(c), S.I. No. 405 of 2010.

F3

Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(b), S.I. No. 405 of 2010.

F4

Deleted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(a), S.I. No. 405 of 2010.

F5

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 1, S.I. No. 214 of 2014.

F6

Substituted (31.10.2012) by European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012), reg. 2(a)(i).

F7

Inserted (31.10.2012) by European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012), reg. 2(a)(ii).

F8

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 2, S.I. No. 214 of 2014.

F9

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 81, S.I. No. 574 of 2009.

F10

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 3, S.I. No. 214 of 2014.

F11

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 4, S.I. No. 214 of 2014.

F12

Inserted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 3.

F13

Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(a), S.I. No. 525 of 2006.

F14

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2, part 4 ref. 5, S.I. No. 214 of 2014.

F15

Inserted (15.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 16, S.I. No. 474 of 2011.

F16

Inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 6(a), commenced on enactment.

F17

Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 3.

F18

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 6, S.I. No. 214 of 2014.

F19

Substituted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 3.

F20

Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 6(b), commenced on enactment.

F21

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 7.

F22

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4, ref. 8.

F23

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 9, S.I. No. 214 of 2014.

F24

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 10, S.I. No. 214 of 2014.

F25

Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(b) and (c), S.I. No. 684 of 2006.

F26

Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 3.

F27

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

Modifications (not altering text):

C12

Subs. (1) construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 13, S.I. No. 270 of 2017.

Definitions ( Chapter 1)

3. In this Chapter— ...

“specified period” means—

(a) the period from the commencement of this provision until 31 December 2019, and

(b) any additional period as may be provided for by the Minister by order under section 4(2) ;

...

Construction of section 2 (interpretation) of Act of 2000 during specified period

13. Section 2 of the Act of 2000 shall have effect in subsection (1) during the specified period—

(a) as if “, or section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “or 37N” in the definition of “permission”,

(b) as if “, or section 12 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “or 174” in the definition of “permission regulations”,

(c) as if the following were inserted after subparagraph (a) in the definition of “strategic infrastructure development”:

“(aa) any proposed development referred to in section 4 (other than development in respect of which an election has been exercised under subsection (4) of that section) of the Planning and Development (Housing) and Residential Tenancies Act 2016,”,

(d) as if the following definition were inserted after the definition of “structure”:

“‘student accommodation’—

(a) means a building or part thereof used or to be used to accommodate students whether or not provided by a relevant provider (within the meaning of Qualifications and Quality Assurance (Education and Training) Act 2012 ), and that is not for use—

(i) as permanent residential accommodation, or

(ii) subject to paragraph (b), as a hotel, hostel, apart-hotel or similar type accommodation,

and

(b) includes residential accommodation that is used as tourist or visitor accommodation but only if it is so used outside of academic term times;”,

(e) as if “or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 37N of this Act,” in subparagraph (b) of the definition of “unauthorised structure”, and

(f) as if “or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 37N of this Act,” in subparagraph (b) of the definition of “unauthorised use”.

Editorial Notes:

E5

Previous affecting provision: definition of “quarry” inserted (15.09.2011) by Environmental (Miscellaneous Provisions) Act 2011 (20/2011), s. 16, S.I. No. 474 of 2011; substituted as per F-note above.

E6

Previous affecting provision: definition of “DTA” inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 81, S.I. No. 574 of 2009; substituted as per F-note above.

E7

Previous affecting provision: definition of “regional authorities within the GDA” inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 81, S.I. No. 574 of 2009; substituted as per F-note above.

E8

Previous affecting provision: definition of “permission” inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(b) and (c), S.I. No. 684 of 2006; superseded as per F-note above.

E9

Previous affecting provisions: definitions of “unauthorised structure”, “unauthorised use” and “unauthorised works” amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(d), S.I. No. 684 of 2006; substituted as per F-note above.

10 O.J.No.L206, 22.7.1992, p. 7

11 O.J.No.L 176, 20.7.1993, p 29-30

12 O.J. No. C241, 29.8.1994, p 21

13 O.J.No.L305, 8.11.1997, p 42-65

14 O.J. No. 236, 23.9.2003, p. 33

15 O.J. No.L363, 20.12.2006, p 368-408 and O.J. L 059, 8.3.1996, p.63

16 O.J. No. L10, 14.1.1997 p. 13

17 O.J.No. L345, 31.12.2003 p.97-105

9 O.J.No. 20, 26.1.2010 p 7-25

Development.

3

3.—(1) In this Act, “development” means, except where the context otherwise requires, the carrying out of any works on, in, over or under land or the making of any material change in the use of any structures or other land.

(2) For the purposes of subsection (1) and without prejudice to the generality of that subsection—

( a) where any structure or other land or any tree or other object on land becomes used for the exhibition of advertisements, or

( b) where land becomes used for any of the following purposes—

(i) the placing or keeping of any vans, tents or other objects, whether or not moveable and whether or not collapsible, for the purpose of caravanning or camping or habitation or the sale of goods,

(ii) the storage of caravans or tents, or

(iii) the deposit of vehicles whether or not usable for the purpose for which they were constructed or last used, old metal, mining or industrial waste, builders’ waste, rubbish or debris,

the use of the land shall be taken as having materially changed.

(3) For the avoidance of doubt, it is hereby declared that, for the purposes of this section, the use as two or more dwellings of any house previously used as a single dwelling involves a material change in the use of the structure and of each part thereof which is so used.

Exempted development.

4

4.—(1) The following shall be exempted developments for the purposes of this Act—

( a) development consisting of the use of any land for the purpose of agriculture and development consisting of the use for that purpose of any building occupied together with land so used;

F28 [ ( aa ) development by a local authority in its functional area; ]

( b) F29 [ ]

( c) F29 [ ]

( d) F29 [ ]

F30 [ ( e ) development consisting of the carrying out by a local authority of any works required for the construction of a new road or the maintenance or improvement of a road;

( f ) development carried out on behalf of, or jointly or in partnership with, a local authority, pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity; ]

( g) development consisting of the carrying out by any local authority or statutory undertaker of any works for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, cables, overhead wires, or other apparatus, including the excavation of any street or other land for that purpose;

( h) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures;

F31 [ ( i ) development consisting of the thinning, felling or replanting of trees, forests or woodlands or works ancillary to that development, but not including the replacement of broadleaf high forest by conifer species; ]

F32 [ ( ia ) development (other than where the development consists of provision of access to a public road) consisting of the construction, maintenance or improvement of a road (other than a public road) or works ancillary to such road development, where the road serves forests and woodlands; ]

( j) development consisting of the use of any structure or other land within the curtilage of a house for any purpose incidental to the enjoyment of the house as such;

( k) development consisting of the use of land for the purposes of a casual trading area (within the meaning of the Casual Trading Act, 1995 );

( l) development consisting of the carrying out of any of the works referred to in the Land Reclamation Act, 1949, not being works comprised in the fencing or enclosure of land which has been open to or used by the public within the ten years preceding the date on which the works are commenced F32 [ or works consisting of land reclamation or reclamation of estuarine marsh land and of callows, referred to in section 2 of that Act. ]

(2) ( a) The Minister may by regulations provide for any class of development to be exempted development for the purposes of this Act where he or she is of the opinion that—

(i) by reason of the size, nature or limited effect on its surroundings, of development belonging to that class, the carrying out of such development would not offend against principles of proper planning and sustainable development, or

(ii) the development is authorised, or is required to be authorised, by or under any enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) where the enactment concerned requires there to be consultation (howsoever described) with members of the public in relation to the proposed development prior to the granting of the authorisation (howsoever described).

( b) Regulations under paragraph (a) may be subject to conditions and be of general application or apply to such area or place as may be specified in the regulations.

( c) Regulations under this subsection may, in particular and without prejudice to the generality of paragraph (a), provide, in the case of structures or other land used for a purpose of any specified class, for the use thereof for any other purpose being exempted development for the purposes of this Act.

(3) A reference in this Act to exempted development shall be construed as a reference to development which is—

( a) any of the developments specified in subsection (1), or

( b) development which, having regard to any regulations under subsection (2), is exempted development for the purposes of this Act.

F31 [ (4) Notwithstanding paragraphs (a) , (i) , (ia) and (l) of subsection (1) and any regulations under subsection (2) , development shall not be exempted development if an environmental impact assessment or an appropriate assessment of the development is required.

(4A) Notwithstanding subsection (4) , the Minister may make regulations prescribing development or any class of development that is

( a ) authorised, or required to be authorised by or under any statute (other than this Act) whether by means of a licence, consent, approval or otherwise, and

( b ) as respects which an environmental impact assessment or an appropriate assessment is required,

to be exempted development. ]

(5) Before making regulations under this section, the Minister shall consult with any other State authority where he or she or that other State authority considers that any such regulation relates to the functions of that State authority.

Annotations:

Amendments:

F28

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 11, S.I. No. 214 of 2014.

F29

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 11.

F30

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 12, S.I. No. 214 of 2014.

F31

Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 17(a)(i) and (b), S.I. No. 474 of 2011, subject to transitional provision in s. 17(2).

F32

Inserted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 17(a)(ii) and (iii), S.I. No. 474 of 2011, subject to transitional provision in s. 17(2).

Modifications (not altering text):

C13

Additional developments specified as exempted developments (8.02.2016) by Dublin Transport Authority Act 2008 (15/2008), s. 44(14), as inserted by Public Transport Act 2016 (3/2016), s. 1(b)(iv), commenced on enactment.

Functions of Authority in relation to public transport infrastructure.

44.—(1) In relation to public transport infrastructure in the GDA, the Authority shall have the following functions: ...

[(14) The carrying out by the Authority, on its behalf or at its direction of —

(a) a proposed road development (within the meaning of the Roads Act 1993) that has been approved by An Bord Pleanála under section 51 (as amended by section 9 of the Roads Act 2007) of that Act, or

(b) a proposed development that has been approved by An Bord Pleanála—

(i) under subsection (9) (inserted by section 34(c) of the Planning and Development (Strategic Infrastructure) Act 2006) of section 175 of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section, or

(ii) under subsection (8) of section 177AE (inserted by section 57 of the Planning and Development (Amendment) Act 2010) of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section,

shall be exempted developments for the purposes of the Act of 2000.]

C14

Additional developments specified as exempted developments (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 38, commenced on enactment, as substituted (1.08.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 115(6), S.I. No. 291 of 2008.

Exempted development.

[38.— (1) Each of the following shall be exempted development for the purposes of the Act of 2000:

(a) development consisting of the carrying out of railway works, including the use of the railway works or any part thereof for the purposes of the operation of a railway, authorised by the Board and specified in a railway order or of any incidental or temporary works connected with such development;

(b) development consisting of the carrying out of railway works for the maintenance, improvement or repair of a railway that has been built pursuant to a railway order. ]

Editorial Notes:

E10

Power pursuant to subs. (2) exercised (17.12.2015) by Planning and Development (Amendment) (No. 4) Regulations 2015 (S.I. No. 582 of 2015).

E11

Power pursuant to section exercised (24.06.2013) by Planning and Development (Amendment) Regulations 2013 (S.I. No. 219 of 2013).

E12

Power pursuant to section exercised (8.09.2011) by Planning and Development (Amendment) (No. 2) Regulations 2011 (S.I. No. 454 of 2011).

E13

Power pursuant to section exercised (10.07.2008) by Planning and Development (Amendment) Regulations 2008 (S.I. No. 256 of 2008).

E14

Power pursuant to section exercised (2.07.2008) by Planning and Development Regulations 2008 (S.I. No. 235 of 2008).

E15

Power pursuant to subs. (2) exercised (28.02.2007) by Planning and Development Regulations 2007 (S.I. No. 83 of 2007).

E16

Power pursuant to section exercised (14.07.2005) by Planning and Development Regulations 2005 (S.I. No. 364 of 2005).

E17

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

E18

Previous affecting provision: similar amendments to those made by 2011 Act made by Planning and Development (Amendment) Act 2010 (30/2010), s. 5, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.

Declaration and referral on development and exempted development.

5

5.—(1) If any question arises as to what, in any particular case, is or is not development or is or is not exempted development within the meaning of this Act, any person may, on payment of the prescribed fee, request in writing from the relevant planning authority a declaration on that question, and that person shall provide to the planning authority any information necessary to enable the authority to make its decision on the matter.

(2) ( a) Subject to paragraph (b), a planning authority shall issue the declaration on the question that has arisen and the main reasons and considerations on which its decision is based to the person who made the request under subsection (1) , and, where appropriate, the owner and occupier of the land in question, within 4 weeks of the receipt of the request.

( b) A planning authority may require any person who made a request under subsection (1) to submit further information with regard to the request in order to enable the authority to issue the declaration on the question and, where further information is received under this paragraph, the planning authority shall issue the declaration within 3 weeks of the date of the receipt of the further information.

( c) A planning authority may also request persons in addition to those referred to in paragraph (b) to submit information in order to enable the authority to issue the declaration on the question.

(3) ( a) Where a declaration is issued under this section, any person issued with a declaration under subsection (2)(a) may, on payment to the Board of such fee as may be prescribed, refer a declaration for review by the Board within 4 weeks of the date of the issuing of the declaration.

( b) Without prejudice to subsection (2), in the event that no declaration is issued by the planning authority, any person who made a request under subsection (1) may, on payment to the Board of such fee as may be prescribed, refer the question for decision to the Board within 4 weeks of the date that a declaration was due to be issued under subsection (2).

(4) Notwithstanding subsection (1), a planning authority may, on payment to the Board of such fee as may be prescribed, refer any question as to what, in any particular case, is or is not development or is or is not exempted development to be decided by the Board.

(5) The details of any declaration issued by a planning authority or of a decision by the Board on a referral under this section shall be entered in the register.

(6) ( a) The Board shall keep a record of any decision made by it on a referral under this section and the main reasons and considerations on which its decision is based and shall make it available for purchase and inspection.

( b) The Board may charge a specified fee, not exceeding the cost of making the copy, for the purchase of a copy of the record referred to in paragraph (a).

( c) The Board shall, from time to time and at least once a year, forward to each planning authority a copy of the record referred to in paragraph (a).

( d) A copy of the said record shall, at the request of a member of a planning authority, be given to that member by the manager of the planning authority concerned.

(7) A planning authority, before making a declaration under this section, shall consider the record forwarded to it in accordance with subsection (6)(c).

F33 [ (8)( a ) The Minister for Arts, Heritage and the Gaeltacht may apply to the Board under this subsection, without charge, for a determination as to whether an activity requiring the consent of that Minister

(i) F34 [ pursuant to a notification under Regulation 4(2) of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ) or pursuant to a direction under Regulation 28(1) or 29(1) of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ) ] or under regulations made under the European Communities Act 1972 for the purpose of giving further effect to the Birds Directive or the Habitats Directive by designating a site as a special area of conservation or as a special protection area, or

(ii) under section 19 of the Wildlife (Amendment) Act 2000 ,

comprises development which is not exempted development, and the Board shall make such determination as soon as may be and shall inform that Minister of its determination and the reasons for the determination.

( b ) An application from the Minister for Arts, Heritage and the Gaeltacht under this subsection shall include the following:

(i) a copy of the application for consent;

(ii) any other relevant information submitted with the application for consent;

(iii) the reasons why that Minister considers that the activity may not be exempted development;

(iv) the opinion of that Minister as to whether an appropriate assessment is required, and the reasons for that opinion;

(v) the opinion of that Minister as to whether the development is likely to have significant effects on a European site or an area designated as a Natural Heritage Area under section 18 of the Wildlife (Amendment) Act 2000 and the reasons for that opinion, having regard to the purposes for which the site was designated.

( c ) The Board may seek additional information from

(i) the applicant for consent, or

(ii) the Minister for Arts, Heritage and the Gaeltacht,

and where this is not provided within the period specified, or any further period as may be specified by the Board, the Board shall not make a determination on the matter and the application of that Minister under this subsection shall be deemed to be withdrawn and the Board shall inform that Minister accordingly.

( d ) In paragraph (a)(i) special area of conservation and special protection area have the same meaning as they have in section 177R . ]

Annotations:

Amendments:

F33

Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 4.

F34

Substituted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 4.

Editorial Notes:

E19

Previous affecting provision: subs. (8)(a)(i) inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 4, amended as per F-note above.

Power of examination, investigation and survey.

6

6.—A planning authority and the Board shall each have all such powers of examination, investigation and survey as may be necessary for the performance of their functions in relation to this Act or to any other Act.

Planning register.

7

7.—(1) A planning authority shall keep a register for the purposes of this Act in respect of all land within its functional area, and shall make all such entries and corrections therein as may be appropriate in accordance with subsection (2), and the other provisions of this Act and the regulations made under this Act.

(2) A planning authority shall enter in the register—

F35 [ ( a ) particulars of any application made to it under this Act for permission for development, for retention of development, for substitute consent including for leave to apply for substitute consent, or for outline permission for development (including the name and address of the applicant, the date of receipt of the application and brief particulars of the development or retention forming the subject of the application), ]

F35 [ ( b ) where an environmental impact statement, remedial environmental impact statement, Natura impact statement or remedial Natura impact statement was submitted in respect of an application, an indication of this fact,

( bb ) where applicable, the outcome of

(i) a determination as to whether an environmental impact assessment is required, or

(ii) screening for appropriate assessment, ]

( c) where a development, to which an application relates, comprises or is for the purposes of an activity in respect of which an integrated pollution control licence or a waste management licence is required, or a licence under the Local Government (Water Pollution) Act, 1977, is required in respect of discharges from the development, a statement as to that requirement,

( d) where the development to which the application relates would materially affect a protected structure or is situated in an area declared to be an area of special amenity under section 202 , an indication of this fact,

( e) the complete decision of the planning authority in respect of any such application, including any conditions imposed, and the date of the decision,

( f) the complete decision on appeal of the Board in respect of any such application, including any conditions imposed, and the date of the decision,

( g) where the requirements of section 34(6) in regard to the material contravention of the development plan have been complied with, a statement of this fact,

( h) particulars of any declaration made by a planning authority under section 5 or any decision made by the Board on a referral under that section,

( i) particulars of any application made under section 42 to extend the appropriate period of a permission,

( j) particulars of any decision to revoke or modify a permission in accordance with section 44 ,

( k) particulars under section 45 of any order, of any decision on appeal or of any acquisition notice for compulsory acquisition of land for open space,

( l) particulars of any notice under section 46 requiring removal or alteration of any structure, or requiring discontinuance of any use or the imposition of conditions on the continuance thereof, including the fact of its withdrawal, if appropriate,

( m) particulars of any agreement made under section 47 for the purpose of restricting or regulating the development or use of the land,

( n) particulars of any declaration issued by the planning authority under section 57 , including the details of any review of the declaration,

( o) particulars of any declaration issued by the planning authority under section 87 , including the details of any review of the declaration,

( p) particulars of any notice under section 88 in respect of land in an area of special planning control, including, where such notice is withdrawn, the fact of its withdrawal,

( q) particulars of any certificate granted under section 97 ,

( r) particulars of any warning letter issued under section 152 , including the date of issue of the letter and the fact of its withdrawal, if appropriate,

( s) the complete decision made under section 153 on whether an enforcement notice should issue, including the date of the decision,

F36 [ ( sa ) particulars of any enforcement notice issued under section 177O ; ]

( t) particulars of any enforcement notice issued under section 154 , including the date of the notice and the fact of its withdrawal or that it has been complied with, if appropriate,

F37 [ ( tt ) particulars of any development referred to in section 179(4)(b) , ]

( u) particulars of any statement prepared under section 188 concerning a claim for compensation under this Act,

( v) particulars of any order under section 205 requiring the preservation of any tree or trees, including the fact of any amendment or revocation of the order,

( w) particulars of any agreement under section 206 for the creation of a public right of way over land,

( x) particulars of any public right of way created by order under section 207 ,

F36 [ ( xa ) particulars of any notice given under section 177B , decision of the Board under section 177D , or 177K , or direction served under section 177J or 177L , ]

( y) particulars of any information relating to the operation of a quarry provided in accordance with section 261 , and

( z) any other matters as may be prescribed by the Minister.

(3) The planning authority shall make the entries and corrections as soon as may be after the receipt of any application, the making of any decision or agreement or the issue of any letter, notice or statement, as appropriate.

(4) The register shall incorporate a map for enabling a person to trace any entry in the register.

(5) The planning authority may keep the information on the register, including the map incorporated under subsection (4), in a form in which it is capable of being used to make a legible copy or reproduction of any entry in the register.

(6) ( a) The register shall be kept at the offices of the planning authority and shall be available for inspection during office hours.

( b) The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of the register.

(7) Every document purporting to be a copy of an entry in a register maintained by a planning authority under this section and purporting to be certified by an officer of the planning authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was such an officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(8) Evidence of an entry in a register under this section may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

(9) Where an application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him or her to the planning authority of the specified fee in respect of each entry.

Annotations:

Amendments:

F35

Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 6(a) and (b), S.I. No. 475 of 2011.

F36

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 6(c) and (d), S.I. No. 475 of 2011.

F37

Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 7, S.I. No. 525 of 2006.

F38

Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 27(a), not commenced as of date of revision.

Modifications (not altering text):

C15

Prospective affecting provision: subs. (2)(bb) substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 27(a), not commenced as of date of revision.

Planning register.

7.—...

(2) A planning authority shall enter in the register— ...

F38 [ (bb) where applicable

(i) a screening determination for environmental impact assessment (within the meaning of section 176A(1) ) and the reasons therefor, or

(ii) the outcome of screening for appropriate assessment and the reasons therefor, ]

Obligation to give information to local authority.

8

8.—(1) A local authority may, for any purpose arising in relation to its functions under this Act or any other enactment, by notice in writing require the occupier of any structure or other land or any person receiving, whether for himself or herself or for another, rent out of any structure or other land to state in writing to the authority, within a specified time not less than 2 weeks after being so required, particulars of the estate, interest, or right by virtue of which he or she occupies the structure or other land or receives the rent, as the case may be, and the name and address (so far as they are known to him or her) of every person who to his or her knowledge has any estate or interest in, or right over, or in respect of, the structure or other land.

(2) Every person who is required under this section to state in writing any matter or thing to a local authority and either fails so to state the matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his or her knowledge false or misleading in a material respect, shall be guilty of an offence.

PART II

Plans and Guidelines

Chapter I

Development Plans

Obligation to make development plan.

9

9.—(1) Every planning authority shall every 6 years make a development plan.

(2) Subject to subsection (3), a development plan shall relate to the whole functional area of the authority.

F39 [ (3)( a ) A planning authority may, with the agreement of one or more local authorities which are adjoining local authorities, or on the direction of the Minister shall, make a single development plan for its functional area and any environs of that area which form part of any adjoining local authorities. ]

( b) Where it is proposed to make a development plan under paragraph (a), the planning authorities concerned shall make whatever arrangements they see fit to prepare the plan including the carrying out of the requirements of this Chapter as a joint function of the authorities concerned (and this Chapter shall be construed accordingly) except that where decisions are reserved to the members of the planning authorities concerned the decisions must be made by the members of each authority concerned subject to any agreement which those authorities may make for the resolution of differences between any such reserved decisions.

(4) In making a development plan in accordance with this Chapter, a planning authority shall have regard to the development plans of adjoining planning authorities and shall co-ordinate the objectives in the development plan with the objectives in the plans of those authorities except where the planning authority considers it to be inappropriate or not feasible to do so.

(5) In making a development plan in accordance with this Chapter, a planning authority shall take into account any significant likely effects the implementation of the plan may have on the area of any adjoining planning authority having regard in particular to any observations or submissions made by the adjoining authority.

(6) A development plan shall in so far as is practicable be consistent with such national plans, policies or strategies as the Minister determines relate to proper planning and sustainable development.

F40 [ (6A) Each planning authority within the GDA shall ensure that its development plan is consistent with the transport strategy of the DTA. ]

(7) ( a) The Minister may require 2 or more planning authorities to co-ordinate the development plans for their areas generally or in respect of specified matters and in a manner specified by the Minister.

( b) Any dispute between the planning authorities in question arising out of the requirement under paragraph (a) shall be determined by the Minister.

Annotations:

Amendments:

F39

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 13, S.I. No. 214 of 2014.

F40

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 82, S.I. No. 574 of 2009.

Content of development plans.

10

10.—(1) A development plan shall set out an overall strategy for the proper planning and sustainable development of the area of the development plan and shall consist of a written statement and a plan or plans indicating the development objectives for the area in question.

F41 [ (1A) The written statement referred to in subsection (1) shall include a core strategy which shows that the development objectives in the development plan are consistent, as far as practicable, with national and regional development objectives set out in the National Spatial Strategy and F42 [ the regional spatial and economic strategy ] .

(1B) A planning authority shall prepare a core strategy, other than where subsection (1C) applies, as soon as practicable and in any event not later than a period of one year after F43 [ the making of a regional spatial and economic strategy under Chapter III which affects the area of the development plan ] , and shall accordingly vary the development plan under section 13 to include the core strategy.

(1C) Where a period of more than 4 years has expired since the making of the development plan when F44 [ a regional spatial and economic strategy under Chapter III which affects the area of the development plan is made, ] the planning authority shall prepare a core strategy for inclusion in the new development plan under section 11 and 12 .

(1D) The written statement referred to in subsection (1) shall also include a separate statement which shows that the development objectives in the development plan are consistent, as far as practicable, with the conservation and protection of the environment. ]

(2) Without prejudice to the generality of subsection (1), a development plan shall include objectives for—

( a) the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space or otherwise, or a mixture of those uses), where and to such extent as the proper planning and sustainable development of the area, in the opinion of the planning authority, requires the uses to be indicated;

F45 [ ( b ) the provision or facilitation of the provision of infrastructure including

(i) transport, energy and communication facilities,

(ii) water supplies and waste water services (regard having been had to the water services strategic plan for the area made in accordance with the Water Services Act 2007),

(iii) waste recovery and disposal facilities (regard having been had to the waste management plan for the area made in accordance with the Waste Management Act 1996 ), and

(iv) any ancillary facilities or services; ]

( c) the conservation and protection of the environment including, in particular, the archaeological and natural heritage and the conservation and protection of European sites and any other sites which may be prescribed for the purposes of this paragraph;

F41 [ ( ca ) the encouragement, pursuant to Article 10 of the Habitats Directive, of the management of features of the landscape, such as traditional field boundaries, important for the ecological coherence of the Natura 2000 network and essential for the migration, dispersal and genetic exchange of wild species;

( cb ) the promotion of compliance with environmental standards and objectives established

(i) for bodies of surface water, by the European Communities (Surface Waters) Regulations 2009;

(ii) for groundwater, by the European Communities (Groundwater) Regulations 2010;

which standards and objectives are included in river basin management plans (within the meaning of Regulation 13 of the European Communities (Water Policy) Regulations 2003); ]

( d) the integration of the planning and sustainable development of the area with the social, community and cultural requirements of the area and its population;

( e) the preservation of the character of the landscape where, and to the extent that, in the opinion of the planning authority, the proper planning and sustainable development of the area requires it, including the preservation of views and prospects and the amenities of places and features of natural beauty or interest;

( f) the protection of structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest;

( g) the preservation of the character of architectural conservation areas;

F46 [ (h) the development and renewal of areas, identified having regard to the core strategy, that are in need of regeneration, in order to prevent

(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,

(ii) urban blight and decay,

(iii) anti-social behaviour, or

(iv) a shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses; ]

( i) the provision of accommodation for travellers, and the use of particular areas for that purpose;

( j) the preservation, improvement and extension of amenities and recreational amenities;

( k) the control, having regard to the provisions of the Major Accidents Directive and any regulations, under any enactment, giving effect to that Directive, of—

(i) siting of new establishments,

(ii) modification of existing establishments, and

(iii) development in the vicinity of such establishments,

for the purposes of reducing the risk, or limiting the consequences, of a major accident;

F47 [ ( l ) the provision, or facilitation of the provision, of services for the community including, in particular, schools, cr è ches and other education and childcare facilities;

( m ) the protection of the linguistic and cultural heritage of the Gaeltacht including the promotion of Irish as the community language, where there is a Gaeltacht area in the area of the development plan;

( n ) the promotion of sustainable settlement and transportation strategies in urban and rural areas including the promotion of measures to

(i) reduce energy demand in response to the likelihood of increases in energy and other costs due to long-term decline in non-renewable resources,

(ii) reduce anthropogenic greenhouse gas emissions, and

(iii) address the necessity of adaptation to climate change;

in particular, having regard to location, layout and design of new development;

( o ) the preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan, and

( p ) landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000. ]

F41 [ (2A) Without prejudice to the generality of subsection (1A) , a core strategy shall

( a ) provide relevant information to show that the development plan and the housing strategy are consistent with the National Spatial Strategy and F48 [ the regional spatial and economic strategy ] ,

( b ) take account of any policies of the Minister in relation to national and regional population targets,

( c ) in respect of the area in the development plan already zoned for residential use or a mixture of residential and other uses, provide details of

(i) the size of the area in hectares, and

(ii) the proposed number of housing units to be included in the area,

( d ) in respect of the area in the development plan proposed to be zoned for residential use or a mixture of residential and other uses, provide details of

(i) the size of the area in hectares,

(ii) how the zoning proposals accord with national policy that development of land shall take place on a phased basis,

( e ) provide relevant information to show that, in setting out objectives regarding retail development contained in the development plan, the planning authority has had regard to any guidelines that relate to retail development issued by the Minister under section 28,

( f ) in respect of the area of the development plan of a county council, set out a settlement hierarchy and provide details of

(i) whether a city or town referred to in the hierarchy is designated as a gateway or hub for the purposes of the National Spatial Strategy,

(ii) other towns referred to in the hierarchy,

(iii) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets that apply to towns and cities referred to in the hierarchy,

(iv) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets that apply to the areas or classes of areas not included in the hierarchy,

(v) projected population growth of cities and towns in the hierarchy,

(vi) aggregate projected population, other than population referred to in subparagraph (v), in

(I) villages and smaller towns with a population of under 1,500 persons, and

(II) open countryside outside of villages and towns,

(vii) relevant roads that have been classified as national primary or secondary roads under section 10 of the Roads Act 1993 and relevant regional and local roads within the meaning of section 2 of that Act,

(viii) relevant inter-urban and commuter rail routes, and

(ix) where appropriate, rural areas in respect of which planning guidelines relating to sustainable rural housing issued by the Minister under section 28 apply,

F49 [ (g) in respect of the development plan of a city, provide details of

(i) the city centre concerned,

(ii) the areas designated for significant development during the period of the development plan, particularly areas for which it is intended to prepare a local area plan,

(iii) the availability of public transport within the catchment of residential or commercial development, and

(iv) retail centres in that city, ]

F50 [ (h) in respect of the area of the development plan of a city and county council set out a settlement hierarchy and provide details of matters referred to in paragraph (f) and (g) . ]

(2B) The information referred to in subparagraphs (vii) to (ix) of paragraph (f) and in paragraph (g) shall also be represented in the core strategy by a diagrammatic map or other such visual representation.

(2C) In subsection (2A)(f) settlement hierarchy means a rank given by a planning authority to a city or town in the area of its development plan, with a population that exceeded 1,500 persons in the census of population most recently published before the making by the planning authority of the hierarchy, and given on the basis of

( a ) its designation as a gateway city or town or as a hub town, as the case may be, under the National Spatial Strategy,

( b ) the assessment by the planning authority of

(i) the proposed function and role of the city or town, which assessment shall be consistent with any F51 [ regional spatial and economic strategy ] in force, and

(ii) the potential for economic and social development of the city or town, which assessment shall be in compliance with policy directives of the Minister issued under section 29 , have regard to guidelines issued by the Minister under section 28 , or take account of any relevant policies or objectives of the Government, the Minister or any other Minister of the Government, as the case may be. ]

(3) Without prejudice to subsection (2), a development plan may indicate objectives for any of the purposes referred to in the First Schedule.

(4) The Minister may prescribe additional objectives for the purposes of subsection (2) or for the purposes of the First Schedule.

F52 [ (5) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030-0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a development plan. ]

F41 [ (5A) Where required, a strategic environmental assessment or an appropriate assessment of a draft development plan shall be carried out. ]

(6) Where a planning authority proposes to include in a development plan any development objective the responsibility for the effecting of which would fall on another local authority, the planning authority shall not include that objective in the plan except after consultation with the other local authority.

(7) A development plan may indicate that specified development in a particular area will be subject to the making of a local area plan.

(8) There shall be no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) shall remain so zoned in any subsequent development plan.

F41 [ (9) Nothing in this section shall affect the existence or validity of any public right of way.

(10) No objective included in a development plan under this section shall be construed as affecting the power of a local authority to extinguish a public right of way under section 73 of the Roads Act 1993 . ]

Annotations:

Amendments:

F41

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 7(a), (b)(i), (c), (d) and (e), S.I. No. 477 of 2010.

F42

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 14, S.I. No. 214 of 2014.

F43

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 15, S.I. No. 214 of 2014.

F44

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 16, S.I. No. 214 of 2014.

F45

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 114(a), S.I. No. 846 of 2007.

F46

Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 28, S.I. No. 364 of 2015.

F47

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 7(b)(ii), S.I. No. 477 of 2010.

F48

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 17, S.I. No. 214 of 2014.

F49

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 18, S.I. No. 214 of 2014.

F50

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 18, S.I. No. 214 of 2014.

F51

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 19, S.I. No. 214 of 2014.

F52

Substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 4.

Editorial Notes:

E20

Power pursuant to subs. (5) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).

E21

Power pursuant to subs. (5) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).

E22

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

Preparation of draft development plan.

11

11.—(1) Not later than 4 years after the making of a development plan, a planning authority shall give notice of its intention to review its existing development plan and to prepare a new development plan for its area.

F53 [ (1A) The review of the existing development plan and preparation of a new development plan under this section by the planning authority shall be strategic in nature for the purposes of developing

( a ) the objectives and policies to deliver an overall strategy for the proper planning and sustainable development of the area of the development plan, and

( b ) the core strategy,

and shall take account of the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government. ]

(2) A notice under subsection (1) shall be given to the Minister, any prescribed authorities, any adjoining planning authorities, the Board, F54 [ any relevant regional assembly and any local community development committee within the functional area of the local authority ] and shall be published in one or more newspapers circulating in the area to which the development plan relates and shall—

( a) state that the planning authority intends to review the existing development plan and to prepare a new development plan,

F55 [ ( b ) indicate that submissions or observations regarding objectives and policies to deliver an overall strategy for the proper planning and sustainable development of the area of the development plan may be made in writing to the planning authority within a specified period (which shall not be less than 8 weeks),

( bb ) indicate that children, or groups or associations representing the interests of children, are entitled to make submissions or observations under paragraph (b) ,

( bc ) state that the planning authority intends to review the zoning of the area of the development plan for the purposes referred to in subsection (1A)(a) and (b) and indicate that requests or proposals for zoning of particular land for any purpose shall not be considered at this stage. ]

( c) indicate the time during which and the place or places where any background papers or draft proposals (if any) regarding the review of the existing plan and the preparation of the new development plan may be inspected.

(3) ( a) As soon as may be after giving notice under this section of its intention to review a development plan and to prepare a new development plan, a planning authority shall take whatever additional measures it considers necessary to consult with the general public and other interested bodies.

( b) Without prejudice to the generality of paragraph (a), a planning authority shall hold public meetings and seek written submissions regarding all or any aspect of the proposed development plan and may invite oral submissions to be made to the planning authority regarding the plan.

( c) In addition to paragraphs (a) and (b), a planning authority shall take whatever measures it considers necessary to consult with the providers of energy, telecommunications, transport and any other relevant infrastructure and of education, health, policing and other services in order to ascertain any long-term plans for the provision of the infrastructure and services in the area of the planning authority and the providers shall furnish the necessary information to the planning authority.

(4) ( a) Not later than 16 weeks after giving notice under subsection (1) , the manager of a planning authority shall prepare a report on any submissions or observations received under subsection (2) or (3) and the matters arising out of any consultations under subsection (3).

( b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section as well as any persons or bodies consulted by the authority,

F55 [ (ii) summarise the issues raised in the submissions and during the consultations, where appropriate, but shall not refer to a submission relating to a request or proposal for zoning of particular land for any purpose. ]

(iii) give the opinion of the manager to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, and

(iv) state the manager’s recommendations on the policies to be included in the draft development plan.

F56 [ ( bb ) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31B and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the draft development plan. ]

F53 [ ( bc ) A report under paragraph ( a ) shall summarise the issues raised and recommendations made by the relevant F57 [ regional assembly ] in a report prepared in accordance with section 27A (inserted by section 17 of the Act of 2010) and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the draft development plan. ]

( c) A report under paragraph (a) shall be submitted to the members of the planning authority, or to a committee of the planning authority, as may be decided by the members of the authority, for their consideration.

( d) Following the consideration of a report under paragraph (c) , the members of the planning authority or of the committee, as the case may be, may issue directions to the manager regarding the preparation of the draft development plan, F55 [ and any such directions shall be strategic in nature, consistent with the draft core strategy, and shall take account of ] the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, and the manager shall comply with any such directions.

( e) Directions under paragraph (d) shall be issued not later than 10 weeks after the submission of a report in accordance with paragraph (c).

( f) In issuing directions under paragraph (d), the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates.

(5) ( a) The manager shall, not later than 12 weeks following the receipt of any directions under subsection (4)(d), prepare a draft development plan and submit it to the members of the planning authority for their consideration.

( b) The members of a planning authority shall, as soon as may be, consider the draft development plan submitted by the manager in accordance with paragraph (a).

( c) Where the draft development plan has been considered in accordance with paragraph (b), it shall be deemed to be the draft development plan, unless, within 8 weeks of the submission of the draft development plan under paragraph (a) , the planning authority, by resolution, amends that draft development plan.

Annotations:

Amendments:

F53

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 8(a) and (c)(ii), S.I. No. 477 of 2010.

F54

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 20, S.I. No. 214 of 2014.

F55

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 8(b), (c)(i) and (iii), S.I. No. 477 of 2010.

F56

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 83, S.I. No. 574 of 2009.

F57

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 21, S.I. No. 214 of 2014.

Editorial Notes:

E23

Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).

E24

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).

E25

Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).

E26

Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).

E27

Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E28

Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E29

Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.

F58 [ Extension of certain development plans and restriction of section 11

11A

11A. (1) In this section

specified planning authority means

(a) in respect of its administrative area, a town council, or

(b) in respect of its administrative area, North Tipperary County Council, South Tipperary County Council, Limerick County Council, Limerick City Council, Waterford County Council or Waterford City Council;

town council means the town council of a town set out in Part 1 of Schedule 6 to the Local Government Act 2001 and to which section 11(4) of that Act relates.

(2) Except as provided for by section 11B(2) , subsection (1) of section 11 shall not apply to a specified planning authority

(a) where the specified planning authority decides not to review its development plan, or

(b) where a notice of intention to review its development plan has been given by the specified planning authority under that subsection and it decides by virtue of this section not to review, or not to continue to review, that plan,

and, accordingly, the development plan shall continue to have effect until such time as a development plan that includes the administrative area of the specified planning authority is made for the purposes of section 11B .

(3) A decision by a specified planning authority under subsection (2) shall not have effect unless notice of the making of the decision

(a) is given in writing to the Minister,

(b) where the planning authority is a town council, is given in writing to the council of the county in which the town council is situated, and

(c) is published in a newspaper circulating in the area to which the development plan concerned relates.

(4) A notice of the making of a decision by a specified planning authority under subsection (2) may be published by it on the internet. ]

Annotations:

Amendments:

F58

Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.

F59 [ Development plans for new administrative areas to be provided fo

11B

11B. Where after the passing of the Electoral, Local Government and Planning and Development Act 2013 provision is made by law which has the effect of amalgamating the administrative areas of

(a) North Tipperary County Council and South Tipperary County Council,

(b) Limerick County Council and Limerick City Council, or

(c) Waterford County Council and Waterford City Council,

then, the council for each of the areas so amalgamated shall be its planning authority and shall, within 12 months of the making of regional planning guidelines that take into account the amalgamation of the administrative areas concerned, commence the preparation of a development plan for its administrative area.

(2) For the purposes of subsection (1) and the preparation of a development plan referred to in that subsection, this Chapter shall have effect

(a) as if the reference to 6 years in section 9(1) were a reference to not more than 3 years after the making of the regional planning guidelines referred to in subsection (1) , and

(b) as if the reference to 4 years in section 11(1) were a reference to within the period of 12 months referred to in subsection (1) .

(3) Pending the making, by a planning authority to which subsection (1) relates, of its development plan consequent on the preparation of that plan, the development plans within the planning authority s administrative area (including any development plan to which section 11C relates) shall continue to apply to the extent provided for by each of those plans.

(4) After the making of a development plan in accordance with this section by a planning authority referred to in subsection (1) , the obligation under section 9 to make a development plan every 6 years, together with the prior compliance with the requirements of section 11 , shall apply to the authority. ]

Annotations:

Amendments:

F59

Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.

F60 [ Development plans and dissolution of certain planning authorities

11C

11C. Where after the passing of the Electoral, Local Government and Planning and Development Act 2013 provision is made by law for the dissolution of town councils (being town councils within the meaning of section 11A(1) ) then, irrespective of whether or not any relevant decision was made pursuant to section 11A(2)

(a) the development plan for the administrative area of such a town council (in this section referred to as the dissolved administrative area ) shall continue to have effect to the extent provided for by that plan and be read together with the development plan for the administrative area within which the dissolved administrative area is situated, and

(b) a development plan as so read in accordance with paragraph (a) shall, except where section 11B(2) applies, be reviewed in accordance with the requirements of section 9 as that section applies to the development plan for the administrative area within which the dissolved administrative area is situated. ]

Annotations:

Amendments:

F60

Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.

Making of development plan.

12

12.—(1) Where the draft development plan has been prepared in accordance with section 11 , the planning authority shall within 2 weeks of the period referred to in section 11(5)(c)

F61 [ ( a ) send notice and a copy of the draft development plan to the Minister, the Board, the relevant regional assembly, the prescribed authorities and any local community development committee in the area, and ]

( b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.

(2) A notice under subsection (1) shall state that—

( a) a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and

( b) written submissions or observations with respect to the draft made to the planning authority within the stated period will be taken into consideration before the making of the plan.

(3) ( a) Where the draft includes any provision relating to any addition to or deletion from the record of protected structures, the planning authority shall serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion, including the particulars.

( b) A notice under paragraph (a) shall state—

(i) that a copy of the proposed addition or deletion may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly),

(ii) that written submissions or observations with respect to the proposed addition or deletion made to the planning authority within the stated period will be taken into consideration before the making of the addition or deletion,

(iii) whether or not the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, and

(iv) that, if the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward to that Minister for his or her observations a copy of any submission or observation made under subparagraph (ii) (and any such observations shall be taken into consideration accordingly).

(4) ( a) Not later than 22 weeks after giving notice under subsection (1) and, if appropriate, subsection (3), the manager of a planning authority shall prepare a report on any submissions or observations received under subsection (2) or (3) and submit the report to the members of the authority for their consideration.

( b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section,

F62 [ (ii) summarise the following from the submissions or observations made under this section:

(I) issues raised by the Minister; and

(II) thereafter, issues raised by other bodies or persons, ]

(iii) give the response of the manager to the issues raised, taking account of any directions of the members of the authority or the committee under section 11(4) , the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives of the Government or of any Minister of the Government and, if appropriate, any observations made by the Minister for Arts, Heritage, Gaeltacht and the Islands under subsection (3)(b)(iv).

F63 [ ( bb ) In the case of each planning authority within the GDA, a report under paragraph ( a ) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31C and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the development plan. ]

F64 [ ( bc ) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F65 [ regional assembly ] in its written submission prepared in accordance with section 27B (inserted by section 18 of the Act of 2010 ) and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the development plan. ]

(5) ( a) The members of a planning authority shall consider the draft plan and the report of the manager under subsection (4) .

F64 [ ( aa ) Following consideration of the draft plan and the report of the manager under paragraph (a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister made to the authority under this section or from a F65 [ regional assembly ] made to the authority under section 27B , decides not to comply with any recommendation made in the draft plan and report, it shall so inform the Minister or F65 [ regional assembly ] , as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision. ]

( b) The consideration of a draft plan and the manager’s report under paragraph (a) shall be completed within 12 weeks of the submission of the manager’s report to the members of the authority.

(6) Where, following the consideration of the draft development plan and the manager’s report, it appears to the members of the authority that the draft should be accepted or amended, subject to subsection (7), they may, by resolution, accept or amend the draft and make the development plan accordingly.

F62 [ (7) ( a ) Subject to paragraphs (aa) and (ae) in a case where the proposed amendment would, if made, be a material alteration of the draft concerned, the planning authority shall, not later than 3 weeks after the passing of a resolution under subsection (6) , publish notice of the proposed amendment in at least one newspaper circulating in its area and send notice and a copy of the proposed amendment to the Minister, the Board and the prescribed authorities. ]

F64 [ ( aa ) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material alteration of the draft development plan.

( ab ) The manager, not later than 2 weeks after a determination under paragraph (aa) shall specify such period as he or she considers necessary following the passing of a resolution under subsection (6) as being required to facilitate an assessment referred to in paragraph (aa) .

( ac ) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (aa) is required, in at least one newspaper circulating in its area.

( ad ) The notice referred to in paragraph (ac) shall state

(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph ( aa ) is required may be inspected at a stated place or places and at stated times, and on the authority s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and

(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (aa) and made to the planning authority within a stated period shall be taken into account by the authority before the development plan is made.

( ae ) The planning authority shall carry out an assessment referred to in paragraph (aa) of the proposed material alteration of the draft development plan within the period specified by the manager. ]

F62 [ ( b ) A notice under paragraph (a) or (ac) (inserted by section 9 of the Act of 2010) ] shall state that—

(i) a copy of the proposed amendment of the draft development plan may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and

(ii) written submissions or observations with respect to the proposed amendment of the draft made to the planning authority within the stated period shall be taken into consideration before the making of any amendment.

(8) ( a) Not later than 8 weeks after giving notice under subsection (7) , the manager of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration.

( b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section,

(ii) summarise the issues raised by the persons or bodies in the submissions,

(iii) give the response of the manager to the issues raised, taking account of the directions of the members of the authority or the committee under section 11(4) , the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

(9) ( a) The members of a planning authority shall consider the amendment and the report of the manager under subsection (8) .

( b) The consideration of the amendment and the manager’s report under paragraph (a) shall be completed not later than 6 weeks after the submission of the manager’s report to the members of the authority.

F62 [ (10) ( a ) The members of the authority shall, by resolution, having considered the manager s report, make the plan with or without the proposed amendment that would, if made, be a material alteration, except that where they decide to accept the amendment they may do so subject to any modifications to the amendments as they consider appropriate, which may include the making of a further modification to the alteration and paragraph (c) shall apply in relation to any further modification. ]

( b) The requirements of subsections (7) to (9) shall not apply in relation to modifications made in accordance with paragraph (a).

F64 [ ( c ) A further modification to the alteration

(i) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site,

(ii) shall not be made where it relates to

(I) an increase in the area of land zoned for any purpose, or

(II) an addition to or deletion from the record of protected structures. ]

(11) In making the development plan under subsection (6) or (10), the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.

(12) ( a) Where a planning authority makes a development plan, it shall publish a notice of the making of the plan in at least one newspaper circulating in its area.

( b) A notice under this subsection shall state that a copy of the plan is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

( c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the development plan to the Minister, the prescribed authorities, any adjoining planning authorities, the Board, F66 [ and any local community development committee ] within its area.

(13) As soon as may be after making an addition to or a deletion from the record of protected structures under this section, a planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.

F62 [ (14) ( a ) Notwithstanding any other provision of this Part, where a planning authority fails to make a development plan within a period referred to in paragraph (b) , the manager shall make the plan provided that so much of the plan as had been agreed by the members of the planning authority shall be included as part of the plan as made by the manager.

( b ) The period referred to in paragraph (a) is

(i) not more than 2 years from the giving of notice under section 11(1) , or

(ii) where subsection (7)( aa ) (inserted by section 9 of the Act of 2010) applies

(I) not more than 2 years and 4 weeks, or

(II) if appropriate in the circumstances, such longer period than 2 years and 4 weeks as is specified under subsection (7)(ab) (inserted by section 9 of the Act of 2010) by the manager as being required to facilitate an assessment referred to in subsection (7)(aa) . ]

(15) When considering the draft development plan, or amendments thereto, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding such plan or amendment.

(16) A person shall not question the validity of the development plan by reason only that the procedures as set out under subsections (3) to (5) of section 11 and F67 [ subsections (1) , (4) , (5) , (6) , (7) , (8) and (9) ] of this section were not completed within the time required under the relevant subsection.

(17) A development plan made under this section shall have effect 4 weeks from the day that it is made.

Annotations:

Amendments:

F61

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 22, S.I. No. 214 of 2014.

F62

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(a), (b)(i), (d)(i), (e)(i) and (f), S.I. No. 477 of 2010.

F63

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 84, S.I. No. 574 of 2009.

F64

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(b)(ii), (c), (d)(ii), (d)(iii) and (e)(ii), S.I. No. 477 of 2010.

F65

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 23, 24, S.I. No. 214 of 2014.

F66

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 25, S.I. No. 214 of 2014.

F67

Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 7, commenced on enactment.

Modifications (not altering text):

C16

Functions in relation to making a recommendation to which subs. (3)(b)(iii) applies, and to making observations to which subs. (3)(b)(iv) applies, transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch. Note that name of Department of and Minister for Tourism, Culture and Sport changed to Department of and Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).

2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.

(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.

3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—

(a) by or under any of the Acts mentioned in Part 1 of the Schedule,

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

(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,

are transferred to the Minister for Tourism, Culture and Sport.

(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.

...

Schedule Part 1

Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

...

Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53, 55, 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).

Part 2

Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

...

Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001);

...

Editorial Notes:

E30

Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).

E31

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).

E32

Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).

E33

Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).

E34

Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E35

Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E36

Previous affecting provision: functions and powers in relation to National Monuments (Amendment) Act 1994 (17/1994), ss. 5(5) and 6(2) transferred to Department of and Minister for Arts, Sport and Tourism (10.07.2002) by National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002).

E37

Previous affecting provision: name of Department of and Minister for Arts, Heritage, Gaeltacht and the Islands changed to Department of and Minister for Community, Rural and Gaeltacht Affairs (19.06.2002) by Arts, Heritage, Gaeltacht and The Islands (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 308 of 2002).

E38

Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.

E39

Previous affecting provision: subs. (1)(a) amended (2.10.2010, 9.10.2001) by Planning and Development (Amendement) Act 2010 (30/2010), s. 9(a), S.I. No. 77 of 2010 and Local Government Act 2001 (37/2001), s. 247(a), S.I. No. 458 of 2001; substituted as per F-note above.

Variation of development plan.

13

13.—(1) A planning authority may at any time, for stated reasons, decide to make a variation of a development plan which for the time being is in force.

(2) Where a planning authority proposes to make a variation in a development plan, it shall—

F68 [ ( a ) send notice and copies of the proposed variation of the development plan to the Minister, the Minister for Arts, Heritage and the Gaeltacht, the Board, the relevant regional assembly, and, where appropriate, to any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan, ]

( b) publish notice of the proposed variation of the development plan in one or more newspapers circulating in that area.

(3) A notice under subsection (2) shall state—

( a) the reason or reasons for the proposed variation,

( b) that a copy of the proposed variation may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks (and the copy of the draft variation shall be kept available for inspection accordingly), and

( c) that written submissions or observations with respect to the proposed variation made to the planning authority within the said period will be taken into consideration before the making of the variation.

(4) ( a) Not later than 8 weeks after giving notice under subsection (2)(b) , the manager of a planning authority shall prepare a report on any submissions or observations received under that subsection and shall submit the report to the members of the authority for their consideration.

( b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section,

F69 [ (ii) summarise the following from the submissions or observations made under this section:

(I) issues raised by the Minister, and

(II) thereafter, issues raised by other bodies or persons, ]

(iii) give the response of the manager to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

F70 [ ( bb ) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31D and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the proposed variation. ]

F71 [ ( bc ) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F72 [ regional assembly ] in its written submission prepared in accordance with section 27C (inserted by section 19 of the Act of 2010 ) and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the development plan. ]

(5) ( a) The members of a planning authority shall consider the proposed variation and the report of the manager under subsection (4).

F71 [ ( aa ) Following consideration of the proposed variation and the report of the manager under paragraph (a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister made to the authority under this section or from a F72 [ regional assembly ] made to the authority under section 27C , decides not to comply with any recommendation made in the proposed variation and report, it shall so inform the Minister or F72 [ regional assembly ] , as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision. ]

( b) The consideration of the variation and the manager’s report under paragraph (a) shall be completed not later than 6 weeks after the submission of the manager’s report to the members of the authority.

F69 [ (6) ( a ) Subject to paragraphs (aa) and (ae) , the members of the authority, having considered the proposed variation and manager s report may, as they consider appropriate, by resolution, make the variation which would, if made, be a material alteration, with or without further modification or they may refuse to make it and paragraph (c) shall apply in relation to any further modification.

( aa ) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed modification that would, if made, be a material alteration of the variation of the development plan.

( ab ) The manager shall, not later than 2 weeks after a determination under paragraph (aa) , specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph (aa) .

( ac ) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (aa) is required, in at least one newspaper circulating in its area.

( ad ) The notice referred to in paragraph (ac) shall state

(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (aa) is required may be inspected at a stated place or places and at stated times, and on the authority s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and

(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (aa) and made to the planning authority within a stated period shall be taken into account by the authority before the variation of the development plan is made.

( ae ) The planning authority shall carry out an assessment referred to in paragraph (aa) of the proposed material alteration of the draft development plan within the period specified by the manager. ]

( b) The requirements of subsections (2) to (5) shall not apply in relation to modifications made in accordance with paragraph (a).

F71 [ ( c ) A further modification to the variation

(i) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site,

(ii) shall not be made where it refers to

(I) an increase in the area of land zoned for any purpose, or

(II) an addition to or deletion from the record of protected structures. ]

(7) In making a variation under this section, the members of the authority shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.

(8) ( a) Where a planning authority makes a variation in a development plan, it shall publish a notice of the making of the variation in at least one newspaper circulating in its area.

( b) A notice under this subsection shall state that a copy of the development plan as varied is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

F73 [ (c) In addition to the requirements of paragraphs (a) and (b) , a planning authority shall send a copy of the variation to the Minister, the Minister for Arts, Heritage and the Gaeltacht, the Board, the relevant regional assembly and, where appropriate, to the prescribed authorities, any adjoining planning authorities and any local community development committee within its area. ]

(9) When considering a variation of a development plan in accordance with this section, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding the variation.

(10) A person shall not question the validity of a variation in a development plan by reason only that the procedures as set out in this section were not completed within the time required.

(11) A variation made to a development plan shall have effect from the day that the variation is made.

F74 [ (12) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030 - 0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a variation of a development plan. ]

F75 [ (13) An appropriate assessment of a draft variation of a development plan shall be carried out in accordance with Part XAB . ]

Annotations:

Amendments:

F68

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 26, S.I. No. 214 of 2014.

F69

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(a), (b)(i), (d)(i) and (e), S.I. No. 477 of 2010.

F70

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 85, S.I. No. 574 of 2009.

F71

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(b)(ii), (c) and (d)(ii), S.I. No. 477 of 2010.

F72

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 27, 28, S.I. No. 214 of 2014.

F73

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 29, S.I. No. 214 of 2014.

F74

Inserted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 5.

F75

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(f), S.I. No. 475 of 2011.

Editorial Notes:

E40

Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).

E41

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).

E42

Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).

E43

Power pursuant to subs. (12) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).

E44

Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).

E45

Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E46

Power pursuant to subs. (12) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).

E47

Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E48

Previous affecting provision: subs. (2)(a) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 18, S.I. No. 474 of 2011; substituted as per F-note above.

E49

Previous affecting provision: subs. (8)(c) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 18, S.I. No. 474 of 2011; substituted as per F-note above.

E50

Previous affecting provision: subs. (2)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(a), S.I. No. 477 of 2010; substituted as per F-note above.

E51

Previous affecting provision: subs. (8)(c) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(e), S.I. No. 477 of 2010; substituted as per F-note above.

E52

Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.

Public rights of way in development plans.

14

14.—(1) Where a planning authority proposes to include, for the first time, a provision in a development plan relating to the preservation of a specific public right of way, it shall serve notice (which shall include particulars of the provision and a map indicating the right of way) of its intention to do so on any owner and occupier of the land over which the right of way exists.

(2) A notice served under subsection (1) shall state that—

( a) the planning authority proposes to include a provision in the development plan relating to the preservation of the public right of way,

( b) written submissions or observations regarding the proposal may be made to the planning authority within a stated period of not less than 6 weeks and that the submissions or observations will be taken into consideration by the planning authority, and

( c) where, following consideration of any submissions or observations received under paragraph (b), the planning authority considers that the provision should be adopted, or adopted subject to modifications, a right of appeal to the Circuit Court exists in relation to such provision.

(3) The members of a planning authority, having considered the proposal and any submissions or observations made in respect of it, may, by resolution as they consider appropriate, recommend the inclusion of the provision in the development plan, with or without modifications, or may recommend against its inclusion and any person on whom notice has been served under subsection (1) shall be notified of the recommendation accordingly and a copy of such notice shall be published in at least one newspaper circulating in the area.

(4) Any person who has been notified of the recommendation of the planning authority under subsection (3) may, before the expiration of the 21 days next following the notification, appeal to the Circuit Court against the inclusion in the development plan of the proposed provision, and the Court, if satisfied that no public right of way exists, shall so declare and the provision shall accordingly not be included.

(5) ( a) The taking of an appeal under subsection (4) shall not prejudice the making of a development plan under section 12 except in regard to the inclusion of the proposed provision which is before the Court.

( b) Where a development plan has been made under section 12 and the Court, having considered an appeal under subsection (4) , decides that the public right of way exists, the proposed provision under this section shall be deemed to be part of the development plan.

(6) Where any existing development plan contains any provision relating to the preservation of a public right of way, the provision may be included in any subsequent development plan without the necessity to comply with this section.

(7) ( a) Nothing in this section shall affect the existence or validity of any public right of way which is not included in the development plan.

( b) The inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown.

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

15

15.—(1) It shall be the duty of a planning authority to take such steps within its powers as may be necessary for securing the objectives of the development plan.

(2) The manager of a planning authority shall, not more than 2 years after the making of a development plan, give a report to the members of the authority on the progress achieved in securing the objectives referred to in subsection (1).

Copies of development plans.

16

16.—(1) A planning authority shall make available for inspection and purchase by members of the public copies of a development plan and of variations of a development plan and extracts therefrom.

(2) A planning authority shall make available for inspection and purchase by members of the public copies of a report of a manager of a planning authority prepared under sections 11(4), 12(4) and (8) and 13(4) and extracts therefrom.

(3) Copies of the development plan and of variations of a development plan and reports of the manager referred to in subsection (2) and extracts therefrom shall be made available for purchase on payment of a specified fee not exceeding the reasonable cost of making a copy.

Evidence of development plans.

17

17.—(1) A document purporting to be a copy of a part or all of a development plan and to be certified by an officer of a planning authority as a correct copy shall be evidence of the plan or part, unless the contrary is shown, and it shall not be necessary to prove the signature of the officer or that he or she was in fact such an officer.

(2) Evidence of all or part of a development plan may be given by production of a copy thereof certified in accordance with this subsection and it shall not be necessary to produce the plan itself.

Chapter II

Local Area Plans

Local area plans.

18

18.—(1) F76 [ Subject to section 19(2B) (inserted by section 12 of the Act of 2010) a planning authority may at any time ], and for any particular area within its functional area, prepare a local area plan in respect of that area.

(2) Two or more planning authorities may co-operate in preparing a local area plan in respect of any area which lies within the combined functional area of the authorities concerned.

(3) ( a) When considering an application for permission under section 34 , a planning authority, or the Board on appeal, shall have regard to the provisions of any local area plan prepared for the area to which the application relates, and the authority or the Board may also consider any relevant draft local plan which has been prepared but not yet made in accordance with section 20 .

( b) When considering an application for permission, a planning authority, or the Board on appeal, shall also have regard to any integrated area plan (within the meaning of the Urban Renewal Act, 1998) for the area to which the application relates.

(4) ( a) A local area plan prepared under this section shall indicate the period for which the plan is to remain in force.

( b) A local area plan may remain in force in accordance with paragraph (a) notwithstanding the variation of a development plan or the making of a new development plan affecting the area to which the local area plan relates except that, where any provision of a local area plan conflicts with the provisions of the development plan as varied or the new development plan, the provision of the local area plan shall cease to have any effect.

(5) F76 [ Subject to section 19(2B) (inserted by section 12 of the Act of 2010) a planning authority may at any time ] amend or revoke a local area plan.

(6) A planning authority may enter into an arrangement with any suitably qualified person or local community group for the preparation, or the carrying out of any aspect of the preparation, of a local area plan.

Annotations:

Amendments:

F76

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 11, S.I. No. 477 of 2010.

Application and content of local area plans.

19

19.—(1) ( a) A local area plan may be prepared in respect of any area, including a Gaeltacht area, or an existing suburb of an urban area, which the planning authority considers suitable and, in particular, for those areas which require economic, physical and social renewal and for areas likely to be subject to large scale development within the lifetime of the plan.

F77 [ ( b ) A local area plan shall be made, except for an area where a development plan of a former town council continues to have effect, in respect of an area which

(i) is designated as a town in the most recent census of population, other than a town designated as a suburb or environs in that census,

(ii) has a population in excess of 5,000, and

(iii) is situated within the functional area of a planning authority which is a city and county council or a county council. ]

F78 [ ( bb ) Notwithstanding paragraph (b) , a local area plan shall be made in respect of a town with a population that exceeded 1,500 persons (in the census of population most recently published before a planning authority makes its decision under subparagraph (i)) except where

(i) the planning authority decides to indicate objectives for the area of the town in its development plan under section 10(2) , or

(ii) a local area plan has already been made in respect of the area of the town or objectives for that area have already been indicated in the development plan under section 10(2) . ]

F79 [ ( c ) Subject to paragraphs (d) and (e) , notwithstanding section 18(5) , a planning authority shall send a notice under section 20(3)(a)(i) of a proposal to make, amend or revoke a local area plan and publish a notice of the proposal under section 20(3)(a)(ii) at least every 6 years after the making of the previous local area plan.

( d ) Subject to paragraph (e) , not more than 5 years after the making of the previous local area plan, a planning authority may, as they consider appropriate, by resolution defer the sending of a notice under section 20(3)(a)(i) and publishing a notice under section 20(3)(a)(ii) for a further period not exceeding 5 years.

( e ) No resolution shall be passed by the planning authority until such time as the members of the authority have:

(i) notified the manager of the decision of the authority to defer the sending and publishing of the notices, giving reasons therefor, and

(ii) sought and obtained from the manager

(I) an opinion that the local area plan remains consistent with the objectives and core strategy of the relevant development plan,

(II) an opinion that the objectives of the local area plan have not been substantially secured, and

(III) confirmation that the sending and publishing of the notices may be deferred and the period for which they may be deferred.

( f ) Notification of a resolution under paragraph (d) shall be published by the planning authority in a newspaper circulating in the area of the local area plan not later than 2 weeks after the resolution is passed and notice of the resolution shall be made available for inspection by members of the public during office hours of the planning authority and made available in electronic form including by placing the notice on the authority s website. ]

F80 [ (2) A local area plan shall be consistent with the objectives of the development plan F78 [ , its core strategy, and any F81 [ regional spatial and economic strategy ] that apply to the area of the plan ] and shall consist of a written statement and a plan or plans which may include

( a ) objectives for the zoning of land for the use solely or primarily of particular areas for particular purposes, or

( b ) such other objectives in such detail as may be determined by the planning authority for the proper planning and sustainable development of the area to which it applies, including F78 [ the objective of development of land on a phased basis and, ] detail on community facilities and amenities and on standards for the design of developments and structures. ]

F82 [ (2A) Each planning authority within the GDA shall ensure that its local area plans are consistent with the transport strategy of the DTA. ]

F78 [ (2B) Where any objective of a local area plan is no longer consistent with the objectives of a development plan for the area, the planning authority shall as soon as may be (and in any event not later than one year following the making of the development plan) amend the local area plan so that its objectives are consistent with the objectives of the development plan. ]

(3) The Minister may provide in regulations that local area plans shall be prepared in respect of certain classes of areas or in certain circumstances and a planning authority shall comply with any such regulations.

F83 [ (4) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030 - 0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a local area plan. ]

F84 [ (5) An appropriate assessment of a draft local area plan shall be carried out in accordance with Part XAB .

(6) There shall be no presumption in law that any land zoned in a particular local area plan shall remain so zoned in any subsequent local area plan. ]

Annotations:

Amendments:

F77

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 30, S.I. No. 214 of 2014.

F78

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(a)(ii), (b) and (c), S.I. No. 477 of 2010.

F79

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(a)(i) and (iii), S.I. No. 477 of 2010.

F80

Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 8, commenced on enactment.

F81

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 31, S.I. No. 214 of 2014.

F82

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 86, S.I. No. 574 of 2009.

F83

Substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 6.

F84

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(d), S.I. No. 475 of 2011.

Editorial Notes:

E53

Power pursuant to subs. (4) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).

E54

Power pursuant to subs. (4) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).

Consultation and adoption of local area plans.

20

20.—(1) A planning authority shall take whatever steps it considers necessary to F85 [ consult the Minister and the public before ] preparing, amending or revoking a local area plan including consultations with any local residents, public sector agencies, non-governmental agencies, local community groups and commercial and business interests within the area.

(2) A planning authority shall consult údarás na Gaeltachta before making, amending or revoking a local area plan under subsection (3) for an area which includes a Gaeltacht area.

(3) ( a) The planning authority shall, as soon as may be after consideration of any matters arising out of consultations under subsections (1) or (2) but before making, amending or revoking a local area plan—

(i) send notice of the proposal to make, amend or revoke a local area F85 [ plan to the Minister, the Board ] and to the prescribed authorities (and, where applicable, it shall enclose a copy of the proposed plan or amended plan),

(ii) publish a notice of the proposal in one or more newspapers circulating in its area.

( b) A notice under paragraph (a) shall state—

(i) that the planning authority proposes to make, amend or revoke a local area plan,

(ii) that a copy of the proposal to make, amend or revoke the local area plan and (where appropriate) the proposed local area plan, or proposed amended plan, may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not less than 6 weeks),

(iii) that submissions or observations in respect of the proposal made to the planning authority during such period will be taken into consideration in deciding upon the proposal.

F86 [ (iv) that children, or groups or associations representing the interests of children, are entitled to make submissions or observations under subparagraph (iii) . ]

( c) (i) Not later than 12 weeks after giving notice under paragraph (b), the manager of a planning authority shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and shall submit the report to the members of the planning authority for their consideration.

(ii) A report under subparagraph (i) shall—

(I) list the persons who made submissions or observations,

 (II) summarise the issues raised by the persons in the submissions or observations,

(III) contain the opinion of the manager in relation to the issues raised, and his or her recommendations in relation to the proposed local area plan, amendment to a local area plan or revocation of a local area plan, as the case may be, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

F87 [ ( cc ) In the case of each planning authority within the GDA, a report under subparagraph (c)(i) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31E and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the proposed local area plan. ]

F88 [ ( d ) (i) The members of a planning authority shall consider the proposal to make, amend or revoke a local area plan and the report of the manager under paragraph (c) .

(ii) Following consideration of the manager s report under subparagraph (i) , the local area plan shall be deemed to be made, amended or revoked, as appropriate, in accordance with the recommendations of the manager as set out in his or her report, 6 weeks after the furnishing of the report to all the members of the authority, unless the planning authority, by resolution

F85 [ (I) subject to paragraphs (e) to (r) , decides to make or amend the plan otherwise than as recommended in the manager s report, or ]

(II) decides not to make, amend or revoke, as the case may be, the plan.

F85 [ ( e ) Where, following consideration of the manager s report, it appears to the members of the authority that the draft local area plan should be altered, and the proposed alteration would, if made be a material alteration of the draft local area plan concerned, subject to paragraphs (f) and (j) , the planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (d)(ii) (inserted by section 9 of the Act of 2002), publish notice of the proposed material alteration in one or more newspapers circulating in its area, and send notice of the proposed material alteration to the Minister, the Board and the prescribed authorities (enclosing where the authority considers it appropriate a copy of the proposed material alteration).

( f ) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material alteration of the draft local area plan.

( g ) The manager shall, not later than 2 weeks after a determination under paragraph (f) specify such period as he or she considers necessary following the passing of a resolution under paragraph (d)(ii) as being required to facilitate an assessment referred to in paragraph (f) .

( h ) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (f) is required, in at least one newspaper circulating in its area.

( i ) The planning authority shall cause an assessment referred to in paragraph (f) to be carried out of the proposed alteration of the local area plan within the period specified by the manager.

( j ) A notice under paragraph (e) or (h) as the case may be shall state that

(i) a copy of the proposed material alteration of the draft local area plan may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and

(ii) written submissions or observations with respect to the proposed material alteration of the draft local area plan may be made to the planning authority within the stated period and shall be taken into consideration before the making of any material alteration.

( k ) Not later than 8 weeks after publishing a notice under paragraph (e) or (h) as the case may be, or such period as may be specified by the manager under paragraph (g) , the manager shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and submit the report to the members of the authority for their consideration.

( l ) A report under paragraph (k) shall

(i) list the persons who made submissions or observations under paragraph (j)(ii) ,

(ii) summarise the issues raised by the persons in the submissions or observations,

(iii) contain the opinion of the manager in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration to the draft local area plan, including any change to the proposed material alteration as he or she considers appropriate, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

( m ) The members of the authority shall consider the proposed material alteration of the draft local area plan and the report of the manager under paragraph (k) .

( n ) Following consideration of the manager s report under paragraph ( m ), the local area plan shall be made or amended as appropriate by the planning authority by resolution no later than a period of 6 weeks after the report has been furnished to all the members of the authority with all, some or none of the material alterations as published in accordance with paragraph (e) or (h) as the case may be.

( o ) Where the planning authority decides to make or amend the local area plan or change the material alteration of the plan by resolution as provided in paragraph (n)

(i) paragraph (p) shall apply in relation to the making of the resolution, and

(ii) paragraph (q) shall apply in relation to any change to the material alteration proposed.

( p ) It shall be necessary for the passing of the resolution referred to in paragraph (n) that it shall be passed by not less than half of the members of the planning authority and the requirements of this paragraph are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution.

( q ) A further modification to the material alteration

(i) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site,

(ii) shall not be made where it refers to

(I) an increase in the area of land zoned for any purpose, or

(II) an addition to or deletion from the record of protected structures.

( r ) When performing their functions under this subsection, the members of the planning authority shall be restricted to considering the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government. ] ]

(4) The Minister may make regulations or issue guidelines in relation to the preparation of local area plans.

F86 [ (4A) A local area plan made under this section shall have effect 4 weeks from the day that it is made. ]

(5) A planning authority shall send a copy of any local area plan made under this Chapter to any bodies consulted under subsection (1), (2) or (3), the Board and, where appropriate, any prescribed body.

Annotations:

Amendments:

F85

Substituted and inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 13(a), (b)(i), (iii) and (iv), S.I. No. 477 of 2010.

F86

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 13(b)(ii) and (c), S.I. No. 477 of 2010.

F87

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 87, S.I. No. 574 of 2009.

F88

Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 9, commenced on enactment.

Editorial Notes:

E55

Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).

E56

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).

E57

Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).

E58

Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E59

Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E60

Previous affecting provision: subs. (3)(d)(ii)(I) substituted and subs. (3)(e)-(i) inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 9, commenced on enactment; substituted as per F-note above.

E61

Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.

F89 [ Chapter III

Regional Spatial and Economic Strategy ]

Annotations:

Amendments:

F89

Chapter substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

Annotations:

Editorial Notes:

E62

Functions and powers of a regional assembly under Chapter specified (1.01.2015) by Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 (S.I. No. 573 of 2014), arts. 20-40, in effect as per art. 3.

21

F90 [ Power to make regional spatial and economic strategy

21. (1) A regional assembly

(a) may make a regional spatial and economic strategy

(i) after consultation with the planning authorities within its region, or

(ii) in the case of the regional assemblies in respect of the GDA, after consultation with the planning authorities within their regions and the NTA,

or

(b) shall make a regional spatial and economic strategy, at the direction of the Minister.

(2) A regional spatial and economic strategy may be made for a whole region or for one or more parts of a region, but where there are regional assemblies in respect of the GDA shall, in the case of the GDA, be made jointly by such regional assemblies.

(3) (a) The Minister may direct one or more regional assemblies to make a regional spatial and economic strategy in respect of the combined area of the regional assemblies involved or in respect of any particular part or parts of the area which lie within the area of those regional assemblies.

(b) Where it is proposed to make a regional spatial and economic strategy pursuant to a direction under paragraph (a) , the regional assemblies concerned shall make whatever arrangements they see fit to prepare such strategy, including the carrying out of their functions under this Chapter as a joint function of the assemblies concerned, and this Chapter shall be construed accordingly.

(4) Notwithstanding any other provision of this Act, the regional planning guidelines prepared by a dissolved regional authority and published in respect of the period 2010 to 2022, shall continue to have effect as if made under this Part until a regional spatial and economic strategy is prepared and adopted by the regional assembly concerned.

(5) The Minister may make regulations concerning the making of regional spatial and economic strategies and related matters. ]

Annotations:

Amendments:

F90

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

Editorial Notes:

E63

Power pursuant to section exercised (25.03.2009) by Planning and Development (Regional Planning Guidelines) Regulations 2009 (S.I. No. 100 of 2009).

E64

Power pursuant to section exercised (1.05.2003) by Planning and Development (Regional Planning Guidelines) Regulations 2003 (S.I. No. 175 of 2003).

E65

Previous affecting provision: subss.(1) and (2) substituted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 88, S.I. No. 574 of 2009; substituted as per F-note above.

F91 [ Co-operation of planning authorities with regional assembly

22

22. (1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24 , or to review an existing strategy under section 26 , it shall, as soon as may be, consult with all the planning authorities within the region (or part thereof, as the case may be) in order to make the necessary arrangements for making the strategy.

(2) (a) A planning authority shall assist and co-operate with a regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.

(b) The provision of assistance under paragraph (a) shall include the provision of financial assistance, the services of staff and the provision of accommodation, where necessary, and the regional assembly and planning authorities concerned shall agree on the provision of such assistance based on the proportion of the population of the area for which the regional spatial and economic strategies are prepared who are resident in the functional areas of the planning authorities concerned.

(c) In the absence of agreement under paragraph (b) , a regional assembly may request the relevant planning authorities to provide assistance under this section, and the request shall be based on the proportion of the population of the area for which the regional spatial and economic strategies is prepared resident in the functional areas of the planning authorities concerned, and a planning authority shall not refuse a reasonable request for assistance. ]

Annotations:

Amendments:

F91

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

22A.
22A

F92 [ Co-operation of public bodies with regional assemblies

22A. (1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24 , or to review an existing strategy under section 26 , it shall, as soon as may be, consult with

(a) each public body, and

(b) any body or bodies under the aegis of a public body in respect of which, in the opinion of the regional assembly, consultation with is of relevance for the purpose of making the regional spatial and economic strategy or reviewing an existing strategy.

(2) The public body shall assist and co-operate as far as practicable with the regional assembly in the preparation of the strategy and thereafter supporting its implementation.

(3) Each public body shall consult with the regional assemblies, as appropriate, when preparing its own strategies, plans and programmes and so as to ensure that they are consistent, as far as practicable, with national and regional objectives set out in the National Spatial Strategy and regional spatial and economic strategies.

(4) Where the Minister is of the opinion that consultation between a regional assembly and a body under the aegis of a public body would be of relevance

(a) for the purpose of making, by the regional assembly, of the regional spatial and economic strategy or reviewing an existing strategy, or

(b) for the purpose of subsection (3) , were the body a public body,

then the Minister may so declare such body to be a public body for the purposes of consultation under this section and regulations may be made either generally or in respect of one or more than one regional assembly.

(5) In this section public body means

(a) the Minister,

(b) the Minister for Finance,

(c) the Minister for Public Expenditure and Reform,

(d) the Minister for Jobs, Enterprise and Innovation,

(e) the Minister for Communications, Energy and Natural Resources,

(f) the Minister for Agriculture, Food and the Marine,

(g) the Minister for Transport, Tourism and Sport,

(h) the Minister for Health,

(i) the Minister for Education and Skills,

(j) the Minister for Foreign Affairs and Trade,

(k) a body under the aegis of a public body (including a public body pursuant to this paragraph) to which subsection (4) relates. ]

Annotations:

Amendments:

F92

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

23

F93 [ Content and objectives of regional spatial and economic strategy

23. (1) (a) The objective of regional spatial and economic strategies shall be to support the implementation of the National Spatial Strategy and the economic policies and objectives of the Government by providing a long-term strategic planning and economic framework for the development of the region for which the strategies are prepared which shall be consistent with the National Spatial Strategy and the economic policies or objectives of the Government.

(b) The planning and economic framework referred to in paragraph (a) shall consider the future development of the region for which the strategy is prepared for a period of not less than 12 years and not more than 20 years.

(2) The regional spatial and economic strategy shall, for the whole of the region to which the strategy relates and in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government, address the following matters:

(a) any policies or objectives for the time being of the Government or any Minister of the Government, or any policies contained in the National Spatial Strategy in relation to national and regional population targets;

(b) in respect of regional economic strategy

(i) enabling the conditions for creating and sustaining jobs,

(ii) enhancing overall regional economic performance by identifying regional strengths and opportunities having regard to economic and employment trends and the means of maintaining and augmenting regional economic performance,

(iii) proposals for augmenting the economic performance of the region across all relevant economic sectors including, in particular, the foreign direct investment, indigenous industry, small and medium enterprise, tourism, agriculture, forestry, marine and other natural resource sectors,

iv) enhancing regional innovation capacity, including investment in research and development capacity, technology transfer between third level education and enterprise, and up-skilling and re-skilling,

(v) identifying the regional attributes that are essential to enhancing regional economic performance, including

(I) the quality of the environment,

(II) the qualities of cities, towns and rural areas,

(III) the physical infrastructure, and

(IV) the social, community and cultural facilities,

and

(vi) proposals to maintain or augment, or both, the attributes referred to in subparagraph (v) in such manner as will be implemented under the strategy through the activities of relevant public bodies, private sector investment and the community;

(c) in respect of regional spatial strategy and taking account of the economic dimension of the strategy

(i) the location of employment, industrial and commercial development,

(ii) the location of retail development,

(iii) the location of housing,

(iv) the provision of transportation, including public transportation, water services, energy and communications networks and waste management facilities,

(v) the provision of educational, healthcare, sports and community facilities,

(vi) the preservation and protection of the environment and its amenities, including the archaeological, architectural and natural heritage,

(vii) landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000, and

(viii) the promotion of sustainable settlement and transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change;

(d) in respect of the evaluation and reporting of the regional spatial and economic strategy, the monitoring and reporting arrangements required to measure progress in addressing the matters referred to in this subsection.

(3) In preparing its regional spatial and economic strategy a regional assembly shall

(a) ensure that the strategy is, in particular, consistent with

(i) this Chapter and any regulations made under it,

(ii) national economic policy as set out in relevant government strategies,

(iii) national planning policy as set out in the National Spatial Strategy or any successor strategy,

(iv) any relevant directives, policies or guidelines issued by the Minister under the Planning and Development Acts 2000 to 2014 ,

(v) any direction by the Minister in respect of such programmes, policies and guidelines of any Minister of the Government (including the Minister) requiring a regional assembly to have regard to, and

(vi) the relevant plans and strategies of public bodies to which section 22A relates and of any other body prescribed by the Minister for the purposes of this section,

(b) consult with the public bodies to which section 22A relates in such manner and to such extent as the Minister may direct in writing, and

(c) co-ordinate the development of its regional spatial and economic strategy in a manner that is, to the greatest extent possible, consistent with the policies of the public bodies to which section 22A relates.

(4) Where the Minister is of the opinion that the adoption of any provision of a draft regional spatial and economic strategy would be inconsistent with Government policy, then the Minister may, after consultation with such other Minister of the Government (if any) as the Minister considers necessary in the circumstances, direct a regional assembly not to adopt the draft strategy with those provisions in it or incorporate appropriate amendments to ensure consistency with the policies and objective of the Government, and the regional assembly concerned shall act accordingly.

(5) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment 1 , by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing regional spatial and economic strategies.

(6) An appropriate assessment of a draft regional spatial and economic strategy shall be carried out in accordance with Part XAB .

(7) (a) When making a regional spatial and economic strategy the regional assembly shall take account of the proper planning and sustainable development of the whole of the region to which the strategy relates, the statutory obligations of any local authority in the region and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic economic and planning policies.

(b) When making a regional spatial and economic strategy which affects the Gaeltacht, the regional assembly shall have regard to the need to protect the linguistic and cultural heritage of the Gaeltacht.

(c) When making a regional spatial and economic strategy the regional assemblies in respect of the GDA shall ensure that the strategy is consistent with the transport strategy of the NTA.

(8) Without prejudice to the generality of subsections (2) and (3) , the Minister may issue guidelines on the content of regional spatial and economic strategies and regional assemblies shall have regard to those guidelines. ]

Annotations:

Amendments:

F93

Substituted (1.06.2014) by Local Government Reform Act 2014, s. 63(1), S.I. No. 214 of 2014.

Modifications (not altering text):

C17

“National Spatial Strategy: 2002—2020” declared to be of relevance to the determination of strategic planning policies under subs. (4)(a) (1.05.2003) by Planning and Development (Regional Planning Guidelines) Regulations 2003 (S.I. No. 175 of 2003), reg. 4.

Specification of National Spatial Strategy as being of relevance to strategic planning policies.

4. In accordance with the provisions of section 23 (4)(a) of the Act, the “National Spatial Strategy: 2002 — 2020” published by Government on 28 November 2002 is hereby specified to be of relevance to the determination of strategic planning policies.

Annotations:

Amendments:

F93

Substituted (1.06.2014) by Local Government Reform Act 2014, s. 63(1), S.I. No. 214 of 2014.

Editorial Notes:

E66

Power pursuant to subs. (3) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).

E67

Power pursuant to section exercised (25.03.2009) by Planning and Development (Regional Planning Guidelines) Regulations 2009 (S.I. No. 100 of 2009).

E68

Power pursuant to subs. (3) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).

E69

Power pursuant to section exercised (1.05.2003) by Planning and Development (Regional Planning Guidelines) Regulations 2003 (S.I. No. 175 of 2003).

E70

Previous affecting provision: subs. (1)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(a) and (b), S.I. No. 477 of 2010; substituted as per F-note above.

E71

Previous affecting provision: subs. (2)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(a) and (b), S.I. No. 477 of 2010; substituted as per F-note above.

E72

Previous affecting provision: paras. (2)(j)(k)(l) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(a) and (b), S.I. No. 477 of 2010; substituted as per F-note above.

E73

Previous affecting provision: subs. (3) substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 7; substituted as per F-note above.

E74

Previous affecting provision: subs. (3A) inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(c), S.I. No. 475 of 2011; substituted as per F-note above.

E75

Previous affecting provision: para (4)(c) inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 89, S.I. No. 574 of 2009; substituted as pe F-note above.

1 OJ No. L197, 21.7.2001 p.30-37

24

F94 [ Consultation regarding regional spatial and economic strategy

24. (1) As soon as may be after agreeing any necessary arrangements under section 21 , a regional assembly shall give notice of its intention to make the regional spatial and economic strategy.

(2) A notice under subsection (1) shall be given to the Minister, the Board, the prescribed authorities in the area and shall be published in one or more newspapers circulating in the region for which the regional spatial and economic strategy is prepared and shall

(a) state that the regional assembly intends to make a regional spatial and economic strategy,

(b) indicate the matters to be considered in the regional spatial and economic strategy, having regard to section 23 ,

(c) indicate that submissions regarding the making of the regional spatial and economic strategy may be made in writing to the regional assembly within a specified period (which shall not be less than 8 weeks).

(3) A regional assembly shall consider any submissions received under subsection (2) before preparing the draft regional spatial and economic strategy.

(4) When a regional assembly prepares the draft of the regional spatial and economic strategy it shall, as soon as may be

(a) send notice and copies of the draft strategy to the Minister, the Board, the prescribed authorities in its area, and

(b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.

(5) A notice under subsection (4) shall state

(a) that a copy of the draft strategy may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and

(b) that written submissions or observations with respect to the draft made to the regional assembly within the stated period will be taken into consideration before the regional spatial and economic strategy is adopted.

(6) When the regional assemblies in respect of the GDA prepare the draft of the regional spatial and economic strategy they shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular

(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31F , and

(b) where the regional assemblies do not propose to address, or propose to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31F , a statement of the reasons for that course of action.

(7) When a regional assembly (other than the regional assemblies in respect of the GDA) prepares the draft of the regional spatial and economic strategy it shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular

(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31FF , and

b) where it does not propose to address, or proposes to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31FF , a statement of the reasons for that course of action.

(8) (a) Subject to paragraphs (b) and (e) , following consideration of submissions or observations under subsection (5) , and subject to section 25 , the regional assembly shall, subject to any amendments that it considers necessary, make the regional spatial and economic strategy.

(b) The regional assembly shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material amendment of the draft regional spatial and economic strategy.

(c) The director of the regional assembly, not later than 2 weeks after a determination under paragraph (b) shall specify such period as he or she considers necessary as being required to facilitate an assessment referred to in paragraph (b) .

(d) The regional assembly shall publish notice of any proposed material amendment, and where appropriate in the circumstances, the making of a determination that a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required, in at least one newspaper circulating in its area.

(e) The notice referred to in paragraph (d) shall state

(i) that a copy of any proposed material amendment and of any determination by the regional assembly that an assessment referred to in paragraph (b) is required may be inspected at a stated place or places and at stated times, and on the assembly s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and

(ii) that written submissions or observations with respect to the proposed material amendment or an assessment referred to in paragraph (b) and made to the regional assembly within a stated period shall be taken into account by the assembly before the regional spatial and economic strategy is adopted.

(f) The regional assembly shall carry out an assessment referred to in paragraph (b) of the proposed material amendment of the draft regional spatial and economic strategy within the period specified by the director of the regional assembly.

(9) Following the consideration of submissions or observations under subsection (8) , and subject to section 25 , the regional assembly shall make the regional spatial and economic strategy with or without the proposed material amendments, subject to any minor modifications considered necessary.

(10) A minor modification referred to in subsection (9) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site.

(11) (a) Where a regional assembly makes a regional spatial and economic strategy, it shall publish a notice of the making of the strategy in at least one newspaper circulating in the functional area of each planning authority in the region for which the strategy is prepared.

(b) A notice under this subsection shall state that a copy of the regional spatial and economic strategy is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly). ]

Annotations:

Amendments:

F94

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

Annotations:

Amendments:

F94

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

Editorial Notes:

E76

Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).

E77

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).

E78

Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).

E79

Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).

E80

Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E81

Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E82

Previous affecting provision: subs. (5A) inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 90, S.I. No. 574 of 2009; substituted as per F-note above.

E83

Pevious affecting provision: subs. (5B) inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), s. 44(1)(a), S.I. No. 575 of 2009; substituted as per F-note above.

E84

Subs. (6) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 15, S.I. No. 477 of 2010; substituted as per F-note above.

E85

Subss. (6A) and (6B) inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 15, S.I. No. 477 of 2010; substituted as per F-note above.

E86

Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.

25

F95 [ Procedure for making regional spatial and economic strategy

25. (1) As part of the consultation between a regional assembly and the relevant planning authorities under section 22 , the regional assembly and the planning authorities concerned shall agree on a procedure for preparing and making the regional spatial and economic strategy under section 24 .

(2) Matters to be considered under subsection (1) shall include the establishment of committees to oversee and consider preparation of the strategy.

(3) The authorities and assemblies concerned shall agree on the membership of the committees under subsection (2) and shall also agree on the roles of those committees in preparing the draft regional spatial and economic strategy, considering submissions or observations under section 24 , and drawing up reports in respect of the strategy.

(4) When the regional assemblies in respect of the GDA make a regional spatial and economic strategy they shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular

(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31G , and

(b) where the regional assemblies do not propose to address, or propose only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31G , a statement of the reasons for that course of action.

(5) When a regional assembly (other than the regional assemblies in respect of the GDA) makes a regional spatial and economic strategy it shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular

(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31GG , and

(b) where it does not propose to address, or proposes only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31GG , a statement of the reasons for that course of action.

(6) The making of a regional spatial and economic strategy under section 24(8) shall be a matter for the members of the regional assembly concerned, following the consideration of any report or reports from the committees referred to in subsection (2) . ]

Annotations:

Amendments:

F95

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

Editorial Notes:

E87

Previous affecting provision: subs. (3A) inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 91, S.I. No. 574 of 2009; substituted as per F-note above.

E88

Previous affecting provision: subs. (3B) inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), ss. 44(1)(b), S.I. No. 575 of 2009; substituted as per F-note above.

25A.
25A

F96 [ Reports on regional spatial and economic strategy

25A. (1) In respect of the regional spatial and economic strategy of a regional assembly, the public bodies to which section 22A relate and each local authority within the regional assembly area shall, every 2 years, prepare and submit a report to the assembly setting out progress made in supporting objectives, relevant to that body, of the strategy.

(2) Each regional assembly shall, every 2 years, prepare a report (in this section referred to as a monitoring report) monitoring progress made in implementing the regional spatial and economic strategy.

(3) The monitoring report shall specify the progress made in securing the overall objectives of the regional spatial and economic strategy, including any specific actions and outcomes, including actions specific to the public bodies to which section 22A relates.

(4) The regional assembly concerned shall submit its monitoring report to the National Oversight and Audit Commission.

(5) The National Oversight and Audit Commission shall consider the monitoring report of each regional assembly and may make recommendations to the Minister in relation to relevant measures to further support the implementation of the regional spatial and economic strategy concerned. ]

Annotations:

Amendments:

F96

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

26

F97 [ Review of regional spatial and economic strategy

26. (1) Where a regional assembly has made a regional spatial and economic strategy, it shall, not later than 6 years after the making of such a strategy and not less than once in every period of 6 years thereafter, review such strategy and when so reviewing, it may revoke the strategy or make a new regional spatial and economic strategy.

(2) Before a regional assembly revokes a strategy referred to in subsection (1) (other than for the purpose of making a new regional spatial and economic strategy), it shall consult with the planning authorities within its region.

(3) Where the regional assembly makes a new regional spatial and economic strategy, it shall follow the procedures laid down in sections 22 , 24 and 25 .

(4) Where a new strategy is made under subsection (1) , it shall supersede any previous regional spatial and economic strategy. ]

Annotations:

Amendments:

F97

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1). S.I. No. 214 of 2014.

27.

F98 [ Regional spatial and economic strategy and development plans

27. (1) A planning authority shall ensure, when making a development plan or a local area plan, that the plan is consistent with any regional spatial and economic strategy in force for its area.

(2) The Minister may, by order, determine that planning authorities shall comply with any regional spatial and economic strategy in force for their area, or any part thereof, when preparing and making a development plan, or may require in accordance with section 31 that an existing development plan comply with any regional spatial and economic strategy in force for the area.

(3) An order under subsection (2) may relate

(a) generally to every regional spatial and economic strategy,

(b) to one or more than one specified strategy, or

(c) to specific elements of each strategy.

(4) Following the making of a regional spatial and economic strategy for its area, each planning authority shall review the existing development plan and consider whether any variation of the development plan is necessary in order to achieve the objectives of the regional spatial and economic strategy.

(5) For the purposes of this section, a planning authority may have, but shall not be obliged to have, regard to any regional spatial and economic strategy after 6 years from the making of such strategy.

(6) The Minister may make regulations concerning matters of procedure and administration to be adopted by a regional assembly in the performance of its functions relating to the preparation of a draft development plan, making of a development plan or variation of a development plan, as the case may be. ]

Annotations:

Amendments:

F98

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

Editorial Notes:

E89

Previous affecting provision: subs. (1) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 16(a), S.I. No. 477 of 2010; substituted as per F-note above.

E90

Previous affecting provision: subs. (6) inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 16(b), S.I. No. 477 of 2010; substituted as per F-note above.

27A.

F99 [ Report of regional assembly for preparation of draft development plan

27A. (1) Where a regional assembly receives a notice from a planning authority under section 11(1) it shall prepare submissions or observations for the purposes of section 11(2) .

(2) Submissions or observations made by a regional assembly under section 11(2) shall contain a report on matters that, in the opinion of the regional assembly, require consideration by the planning authority concerned in making the development plan.

(3) The submissions or observations and report of the regional assembly shall include, but shall not be limited to, recommendations regarding each of the following matters as respects the area to which the development plan relates:

(a) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets, and the best distribution of residential development and related employment development with a view to

(i) promoting consistency as far as possible, between housing, settlement and economic objectives in the draft development plan and core strategy and the regional spatial and economic strategy, and

(ii) assisting in drafting the core strategy of the draft development plan;

(b) the objectives of providing physical, economic or social infrastructure in a manner that promotes balanced regional development;

(c) planning for the best use of land having regard to location, scale and density of new development to benefit from investment of public funds in transport infrastructure and public transport services; and

(d) collaboration between the planning authority and the regional assembly in respect of integrated planning for transport and land use, in particular in relation to large scale developments and the promotion of sustainable transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change.

(4) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister. ]

Annotations:

Amendments:

F99

Substituted (1.06.2014) by Local Government Reform Act (1/2014), s. 63(1), S.I. No. 214 of 2014.

Editorial Notes:

E91

Previous affecting provision: section inserted (30.11.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 17, S.I. No. 477 of 2010; substituted as per F-note above.

27B.

F100 [ Role of regional assembly in making of development plan

27B. (1) Where a regional assembly receives a notice from a planning authority under section 12(1) it shall prepare submissions and observations for the purposes of section 12(2) .

(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.

(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the draft development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions, observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the draft development plan and its core strategy are so consistent.

(4) The regional assembly shall send a copy of the submission or observations and the report to the Minister.

(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister. ]

Annotations:

Amendments:

F100

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

Editorial Notes:

E92

Previous affecting provision: section inserted (30.11.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 18, S.I. No. 477 of 2010; substituted as per F-note above.

27C.

F101 [ Role of regional assembly in variation of development plan

27C. (1) Where a regional assembly receives a notice from a planning authority under section 13(1) it shall prepare submissions and observations for the purposes of section 13(2) .

(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft variation of the development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.

(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the proposed variation of the development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions and observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the proposed variation to the development plan and its core strategy are so consistent.

(4) The regional assembly shall send a copy of the report to the Minister.

(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister. ]

Annotations:

Amendments:

F101

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

Editorial Notes:

E93

Previous affecting provision: section inserted (30.11.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 19, S.I. No. 477 of 2010; substituted as per F-note above.

Chapter IV

Guidelines and Directives

Ministerial guidelines.

28

28.—(1) The Minister may, at any time, issue guidelines to planning authorities regarding any of their functions under this Act and planning authorities shall have regard to those guidelines in the performance of their functions.

F102 [ (1A) Without prejudice to the generality of subsection (1) and for the purposes of that subsection a planning authority in having regard to the guidelines issued by the Minister under that subsection, shall

(