Planning and Development Act 2000

Local authority own development.

179

179. (1) ( a ) The Minister may prescribe a development or a class of development for the purposes of this section where he or she is of the opinion that by reason of the likely size, nature or effect on the surroundings of such development or class of development there should, in relation to any such development or development belonging to such class of development, be compliance with the provisions of this section and regulations under this section.

( b ) Where a local authority that is a planning authority proposes to carry out development, or development belonging to a class of development prescribed under paragraph (a) (hereafter in this section referred to as proposed development ) it shall in relation to the proposed development comply with this section and any regulations under this section.

( c ) F747 [ ]

( d ) This section shall also apply to proposed development which is carried out within the functional area of a local authority which is a planning authority, on behalf of, or in partnership with the local authority, pursuant to a contract with the local authority.

(2) The Minister shall make regulations providing for any or all of the following matters:

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

( b ) requiring local authorities to

(i) (I) notify prescribed authorities of such proposed development or classes of proposed development as may be prescribed, or

(II) consult with them in respect thereof,

and

(ii) give to them such documents, particulars plans or other information in respect thereof as may be prescribed;

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

( d ) the making of submissions or observations to a local authority with respect to proposed development.

(3) F748 [( a)(i) The chief executive of a local authority shall, where an application is not made to the Board for a screening determination referred to in article 120(3)( b) of the Planning and Development Regulations 2001, within 8 weeks after the expiration of the period during which submissions or observations with respect to the proposed development may be made, in accordance with regulations under subsection (2), prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.

(ii) The chief executive of a local authority shall, where an application is made to the Board for a screening determination referred to in article 120(3)( b) of the Planning and Development Regulations 2001, within 8 weeks after the making by the Board of a screening determination that an environmental impact assessment is not required in respect of the proposed development, prepare a report in writing in relation to the proposed development and submit the report to the members of the authority. ]

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

(i) describe the nature and extent of the proposed development and the principal features thereof, and shall include an appropriate plan of the development and appropriate map of the relevant area,

(ii) evaluate whether or not the proposed development would be consistent with the proper planning and sustainable development of the area to which the development relates, having regard to the provisions of the development plan and giving the reasons and the considerations for the evaluation,

F749 [(iia) include the screening determination on why an environmental impact assessment is not required and specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might have otherwise been significant adverse effects on the environment of the development, ]

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

(iv) summarise the issues, with respect to the proper planning and sustainable development of the area in which the proposed development would be situated, raised in any such submissions or observations, and give the response of the F750 [chief executive ] thereto, and

(v) recommend whether or not the proposed development should be proceeded with as proposed, or as varied or modified as recommended in the report, or should not be proceeded with, as the case may be.

(4) ( a ) The members of a local authority shall F751 [, within 6 weeks of the receipt of the report of the F750 [ chief executive ], ] consider the proposed development and the report of the F750 [chief executive ] under subsection (3) .

( b ) Following the consideration of the F750 [chief executive’s report ] under paragraph (a) , the proposed development may be carried out as recommended in the F750 [chief executive’s report ] , unless the local authority, by resolution, decides to vary or modify the development, otherwise than as recommended in the F750 [chief executive’s report ] , or decides not to proceed with the development.

F752 [( c) For a resolution to have effect under paragraph (b)

(i) it has to be passed not later than 6 weeks after the receipt of the F750 [ chief executive s report ], and

(ii) in the case of a resolution not to proceed with a proposed development, it shall state the reasons for such resolution. ]

(5) F753 [Sections 138, 139 and 140 of the Local Government Act, 2001, ] shall not apply to development under this section.

(6) This section shall not apply to proposed development which

F754 [( a) consists of works of maintenance or repair other than works to a protected structure, or a proposed protected structure, which would materially affect the character of—

(i) the structure, or

(ii) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, ]

( b ) is necessary for dealing urgently with any situation which the F750 [chief executive ] considers is an emergency situation calling for immediate action,

F755 [( bb) consists of works, other than works involving road widening, to enhance public bus services or improve facilities for cyclists provided under section 95 (as amended by section 37 of the Road Traffic Act 1994) of the Road Traffic Act 1961 or under section 38 of the Road Traffic Act 1994, ]

F756 [( c) consists of works which a local authority is required to undertake—

(i) by or under any enactment,

(ii) by or under the law of the European Union, or a provision of any act adopted by an institution of the European Union, or

(iii) by order of a court,

( d) is development in respect of which an F757 [ environmental impact assessment report ] is required under section 175 or under any other enactment, or

( e) is development in respect of which an appropriate assessment is required under section 177AE, or under any other enactment. ]

Annotations:

Amendments:

F747

Deleted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(h), S.I. No. 458 of 2001.

F748

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 27(a), in effect as per reg. 2(1).

F749

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 27(b), in effect as per reg. 2(1).

F750

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 66-69, S.I. No. 436 of 2018.

F751

Substituted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 29(b), S.I. No. 270 of 2017.

F752

Substituted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 29(c), S.I. No. 270 of 2017.

F753

Substituted (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(3) and sch. 4, S.I. No. 588 of 2001.

F754

Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 58(a), S.I. No. 405 of 2010.

F755

Inserted (1.01.2011) by Public Transport Regulation Act 2009 (37/2009), s. 46(2), S.I. No. 615 of 2010.

F756

Substituted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 6.

F757

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 83, in effect as per reg. 2(1).

Modifications (not altering text):

C106

Application of section restricted (7.02.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 33(11), S.I. No. 575 of 2014.

Water services strategic plan.

33. ...

(11) In considering a proposed development under section 179 of the Act of 2000 a local authority shall not decide that the development should not be proceeded with solely on the grounds that the said development is not specifically referred to in the water services strategic plan in force if the authority considers the development will facilitate the achievement of the objectives of the water services strategic plan.

...

C107

Application of section restricted and matters to be considered provided (27.09.2007) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), reg. 41(1) and 43.

Limitation of Act of 2000

41. (1) Subject to Regulation 42(2), and notwithstanding sections 34, 37, 37E, 175 and 226 of the Act of 2000, or any other provision of that Act, where, under these Regulations, an authorisation has been granted in respect of a waste water discharge from a waste water works

(a) a planning authority, or An Bord Plean á la, where it decides to grant a permission under section 34, 37 or 37E on appeal or otherwise, as the case may be, of the said Act, or

(b) An Bord Plean á la, where it decides to grant an approval under section 175 or 226 of the said Act,

in respect of a proposed development that involves a waste water discharge from a waste water works, shall not subject the permission or approval, as the case may be, to conditions which are for the purposes of controlling the waste water discharge.

(2) Where a permission or approval under the Act of 2000 has been subjected to conditions, other than conditions as referred to in paragraph (3)(b), that are for the purposes of controlling discharges from a development as described in paragraph (1), those conditions shall cease to have effect upon the granting of an authorisation under these Regulations in respect of the waste water discharges concerned.

...

Consideration of proposals by planning authorities and An Bord Plean á la

43. (1) Where a planning authority or An Bord Plean á la is considering an application for permission, an appeal or an application for approval under section 34, 37, 37E, 175 or 226 of the Act of 2000 for development being development which involves the disposal of waste water to a waste water works, or is considering such a development under section 179 of the Act of 2000, the planning authority or the Board, as the case may be, shall consider whether the discharge of waste water from the proposed development, in conjunction with existing discharges to the receiving waters, would cause non-compliance with the combined approach or, in situations where there is existing non-compliance, would result in a significant breach of the combined approach.

...

C108

Provision for consideration of waste management under Part made by Waste Management Act 1996 (10/1996), s. 22(10D) as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(d), S.I. No. 393 of 2004.

Waste management plans.

22. ...

(10D) (a) In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000, planning authorities and An Bord Plean á la shall ensure that such measures as are reasonably necessary are taken to secure appropriate provision for the management of waste (and, in particular, recyclable materials) within developments, including the provision of facilities for the storage, separation and collection of such waste (and, in particular, such materials) and the preparation by the appropriate persons of suitable plans for the operation of such facilities.

(b) The Minister may issue guidelines as to the steps that may be taken to comply with this subsection.

Editorial Notes:

E321

Power pursuant to subs. (2) exercised (3.07.2017) by Planning and Development (Strategic Housing Development) Regulations 2017 (S.I. No. 271 of 2017), in effect as per reg. 2.

E322

Authorisations or approvals issued to water authorities under section deemed to be issued to Irish Water (30.10.2015) by Water Services (No. 2) Act 2013 (Other Licences, Authorisations and Permits) Order 2015 (S.I. No. 462 of 2015), in effect as per arts. 3 and 4.

E323

Deciding to vary or modify a proposed local authority own development, or deciding not to proceed with the development is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 2 item 15 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.

E324

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

E325

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

E326

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

E327

Previous affecting provision: subs. (3)(a) amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 66, not commenced; deleted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 44, in effect as per reg. 1(2).

E328

Previous affecting provision: subs. (3)(a) amended (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 29(a), S.I. No. 270 of 2017, substituted as per F note above.

E329

Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b) and (21), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013, s. 4(1), S.I. No. 575 of 2013.

E330

Previous affecting provision: subs. (6)(c) substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 58(b), S.I. No. 405 of 2010; substituted as per F-note above.