Planning and Development Act 2000

FIRST SCHEDULE

Purposes for which objectives may be indicated in Development Plan

Part I

Location and Pattern of Development

1. Reserving or allocating any particular land, or all land in any particular area, for development of a specified class or classes, or prohibiting or restricting, either permanently or temporarily, development on any specified land.

2. F948 [ ]

3. Preserving the quality and character of urban or rural areas.

4. Regulating, restricting or controlling retail development.

5. Regulating, promoting or controlling tourism development.

F949 [6. Carrying out flood risk assessment for the purpose of regulating, restricting and controlling development in areas at risk of flooding (whether inland or coastal). ]

7. Regulating, restricting and controlling the development of coastal areas and development in the vicinity of inland waterways.

8. Regulating, restricting and controlling development on the foreshore, or any part of the foreshore.

9. Giving effect to the European Spatial Development Perspective towards balanced and sustainable development of the territory of the European Union, adopted by the meeting of Ministers responsible for Regional/Spatial Planning of the European Union at Potsdam, 10 and 11 May, 1999.

10. Regulating, restricting or controlling development in order to reduce the risk of serious danger to human health or the environment.

11. Regulating, promoting or controlling the exploitation of natural resources.

F950 [12. Regulating, restricting and controlling development in areas at risk of erosion and other natural hazards.

13. Reserving land for use and cultivation as allotments and regulating, promoting, facilitating or controlling the provision of land for that use. ]

Annotations:

Amendments:

F948

Deleted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 77(a)(i), S.I. No. 477 of 2010.

F949

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 77(a)(ii), S.I. No. 477 of 2010.

F950

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 77(a)(iii), S.I. No. 477 of 2010.

Part II

Control of Areas and Structures

1. Regulating and controlling the layout of areas and structures, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures.

2. Regulating and controlling the design, colour and materials of structures and groups of structures, including streets and townscapes, and structures and groups of structures in rural areas.

3. Promoting design in structures for the purposes of flexible and sustainable use, including conservation of energy and resources.

4. Limiting the number of structures, or the number of structures of a specified class, which may be constructed, erected or made on, in or under any area.

5. Regulating and controlling, either generally or in particular areas, all or any of the following matters:

( a ) the size, height, floor area and character of structures;

( b ) building lines, coverage and the space about houses and other structures;

( c ) the extent of parking places required in, on or under structures of a particular class or size, or services or facilities for the parking, loading, unloading or fuelling of vehicles;

( d ) the objects which may be affixed to structures;

( e ) the purposes for and the manner in which structures may be used or occupied, including, in the case of a house, the letting thereof in separate units.

6. Regulating and controlling, in accordance with the principles of proper planning and sustainable development, the following:

( a ) the disposition or layout of land and structures or structures of any specified class, including the reservation of sufficient open space in relation to the number, class and character of structures in any particular development proposal, road layout, landscaping and planting;

( b ) the provision of water, waste water, waste and public lighting facilities;

( c ) the provision of service roads and the location and design of means of access to transport networks, including public transport;

( d ) the provision of facilities for parking, unloading, loading and fuelling of vehicles on any land.

7. The removal or alteration of structures which are inconsistent with the development plan.

Part III

Community Facilities

1. Facilitating the provision and siting of services and facilities necessary for the community, including the following:

( a ) hospitals and other healthcare facilities;

( b ) centres for the social, economic, recreational, cultural, environmental, or general development of the community;

( c ) facilities for the elderly and for persons with disabilities;

( d ) places of public worship and meeting halls;

( e ) recreational facilities and open spaces, including caravan and camping parks, sports grounds and playgrounds;

( f ) shopping and banking facilities.

2. Ensuring the provision and siting of sanitary services.

3. Reserving of land for burial grounds.

F951 [4. Regulating, restricting or controlling the development of licensed premises within the meaning of the Licensing Acts 1833 to 2011. ]

Annotations:

Amendments:

F951

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 46(1), S.I. No. 436 of 2018, subject to further commencement provision in subs. (2): This section takes effect in respect of a new development plan of a planning authority to which section 11(1) of the Principal Act will relate where the planning authority first gives notice, after the passing of the Planning and Development (Amendment) Act 2018, of its intention under section 11(1) of the Principal Act to review its existing development plan and to prepare a new development plan for its area.

Part IV

Environment and Amenities

1. Protecting and preserving the quality of the environment, including the prevention, limitation, elimination, abatement or reduction of environmental pollution and the protection of waters, groundwater, the seashore and the atmosphere.

2. Securing the reduction or prevention of noise emissions or vibrations.

3. Prohibiting, regulating or controlling the deposit or disposal of waste materials, refuse and litter, the disposal of sewage and the pollution of waters.

4. Protecting features of the landscape which are of major importance for wild fauna and flora.

5. ( a ) Preserving and protecting flora, fauna and ecological diversity.

( b ) Preserving and protecting trees, shrubs, plants and flowers.

6. Protecting and preserving (either in situ or by record) places, caves, sites, features and other objects of archaeological, geological, historical, scientific or ecological interest.

7. Preserving the character of the landscape, including views and prospects, and the amenities of places and features of natural beauty or interest.

F952 [8. Preserving public rights of way other than those referred to in section 10(2)( o). ]

9. Reserving land as open spaces, whether public or private (other than open spaces reserved under Part II of this Schedule) or as a public park, public garden or public recreation space.

10. Prohibiting, restricting or controlling, either generally or in particular places or within a specified distance of the centre line of all roads or any specified road, the erection of all or any particular forms of advertisement structure or the exhibition of all or any particular forms of advertisement.

11. Preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any structure or from the objectionable or neglected condition of any land.

Annotations:

Amendments:

F952

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 77(b), S.I. No. 477 of 2010.

Part V

Infrastructure and Transport

1. Reserving land for transport networks, including roads, rail, light rail and air and sea transport, for communication networks, for energy generation and for energy networks, including renewable energy and for other networks, and for ancillary facilities to service those networks.

2. Facilitating the provision of sustainable integrated transport, public transport and road traffic systems and promoting the development of local transport plans.

3. Securing the greater convenience and safety of users of all transport networks and of pedestrians and cyclists.

4. Establishment of public rights of way and extinguishment of public and private rights of way.

5. Construction, alteration, closure or diversion of roads, including cycleways and busways.

6. Establishing

( a ) the line, width, level and construction of,

( b ) the means of access to and egress from, and

( c ) the general dimensions and character of,

roads, including cycleways and busways, and, where appropriate, other transport networks, whether new or existing.

7. Providing for the management and control of traffic, including the provision and control of parking areas.

8. Providing for works incidental to the making, improvement or landscaping of any transport, communication, energy or other network.