Planning and Development Act 2000

Permission for development.

34

34.—(1) Where—

(a) an application is made to a planning authority in accordance with permission regulations for permission for the development of land, and

(b) all requirements of the regulations are complied with,

the authority may decide to grant the permission subject to or without conditions, or to refuse it.

F276[(1A) Where an application to a planning authority is required to have been accompanied by an F277[environmental impact assessment report]:

(a) The planning authority shall cause to be published in one or more newspapers circulated in the area and/or by electronic means, a notice informing the public of such a decision of the planning authority.

(b) The notice shall state that the applicant and any person who made submissions or observations in writing to the planning authority in relation to the planning application in accordance with section 37(1) may appeal such a decision to the Board.

(c) The notice shall further state that a person may question the validity of any decision of the planning authority by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with section 50.

(d) The notice shall further state that a person may question the validity of any decision on an appeal by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with section 50.

(e) The notice shall identify where practical information on the appeal and review mechanisms can be found.]

F278[(1B) Where a planning authority receives an application for permission to which section 32A(1) applies it shall notify the elected members of the planning authority of the making of the application, of where the application is available for inspection, and of such other information as may be prescribed.]

(2) (a) When making its decision in relation to an application under this section, the planning authority shall be restricted to considering the proper planning and sustainable development of the area, regard being had to—

(i) the provisions of the development plan,

F279[(ia) any guidelines issued by the Minister under section 28,]

(ii) the provisions of any special amenity area order relating to the area,

(iii) any European site or other area prescribed for the purposes of section 10(2)(c),

(iv) where relevant, the policy of the Government, the Minister or any other Minister of the Government,

(v) the matters referred to in subsection (4), F280[]

F281[(va) previous developments by the applicant which have not been satisfactorily completed,

(vb) previous convictions against the applicant for non-compliance with this Act, the Building Control Act 2007 or the Fire Services Act 1981, and]

(vi) any other relevant provision or requirement of this Act, and any regulations made thereunder.

F279[(aa) When making its decision in relation to an application under this section, the planning authority shall apply, where relevant, specific planning policy requirements of guidelines issued by the Minister under section 28.]

(b) In considering its decision in accordance with paragraph (a), a planning authority shall consult with any other planning authority where it considers that a particular decision by it may have a significant effect on the area of that authority, and the authority shall have regard to the views of that other authority and, without prejudice to the foregoing, it shall have regard to the effect a particular decision by it may have on any area outside its area (including areas outside the State).

F279[(ba) Where specific planning policy requirements of guidelines referred to in subsection (2)(aa) differ from the provisions of the development plan of a planning authority, then those requirements shall, to the extent that they so differ, apply instead of the provisions of the development plan.]

(c) F282[Subject to section 99F of the Environmental Protection Agency Act 1992,] and section 54 (as amended by section 257 of this Act) of the Waste Management Act, 1996, where an application under this section relates to development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, a planning authority shall take into consideration that the control of emissions arising from the activity is a function of the Environmental Protection Agency.

F279[(d) In this subsection specific planning policy requirements means such policy requirements identified in guidelines issued by the Minister to support the consistent application of Government or national policy and principles by planning authorities, including the Board, in securing overall proper planning and sustainable development.]

(3) A planning authority shall, when considering an application for permission under this section, have regard to—

(a) in addition to the application itself, any information relating to the application furnished to it by the applicant in accordance with the permission regulations,

(b) any written submissions or observations concerning the proposed development made to it in accordance with the permission regulations by persons or bodies other than F283[the applicant, and]

F284[(c) where an application for permission relates to a residential development comprising 10 or more houses

(i) any information available to the planning authority, or furnished to it by the applicant, concerning implementation by the applicant of any housing development in the previous 5 years, and

(ii) an assessment by the planning authority of the likelihood of the proposed development being implemented within the appropriate period sought, being the appropriate period within the meaning provided for by section 40(3).]

F279[(3A) In determining an application for permission that relates to an existing planning permission for a residential multi-unit development (within the meaning of section 1 of the Multi-Unit Development Act 2011) and where the purpose of the application for permission is to take account of specific planning policy requirements (within the meaning given by subsection (2)(d)) of new or revised guidelines issued by the Minister under section 28 with regard to the previously permitted development, the planning authority concerned or the Board (as the case may be) shall, notwithstanding section 34(2)(a), be restricted in its determination of the application to considering the modifications proposed by the applicant.

(3B) Notwithstanding section 37, no appeal shall be made to the Board in respect of the determination by the planning authority concerned of an application to which subsection (3A) relates unless it would relate to a materially significant change to the approved external appearance of the proposed development.]

F278[(3C) In determining an application for permission that relates to a development in respect of a part of which permission has previously been granted—

(a) under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, or

(b) on foot of an application in accordance with section 32A, the planning authority concerned shall, notwithstanding section 34(2)(a), be restricted in its determination of the application, other than in respect of any assessment of the effects of the proposed development on the environment, to considering the modifications proposed by the applicant to the previously permitted development and for the purposes of determining such an application the reference in subsection (6) to "the development concerned" shall be read as a reference to "the modifications to the previously permitted development".]

(4) Conditions under subsection (1) may, without prejudice to the generality of that subsection, include all or any of the following—

F285[(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant if the imposition of such conditions appears to the planning authority

(i) to be expedient for the purposes of or in connection with the development authorised by the permission, or

(ii) to be appropriate, where any aspect or feature of that adjoining, abutting or adjacent land constitutes an amenity for the public or a section of the public, for the purposes of conserving that amenity for the public or that section of the public (and the effect of the imposition of conditions for that purpose would not be to burden unduly the person in whose favour the permission operates);]

(b) conditions for requiring the carrying out of works (including the provision of facilities) which the planning authority considers are required for the purposes of the development authorised by the permission;

(c) conditions for requiring the taking of measures to reduce or prevent—

(i) the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in that neighbourhood, or

(ii) the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site;

(d) conditions for requiring provision of open spaces;

(e) conditions for requiring the planting, maintenance and replacement of trees, shrubs or other plants or the landscaping of structures or other land;

(f) conditions for requiring the satisfactory completion within a specified period, not being less than 2 years from the commencement of any works, of the proposed development (including any roads, open spaces, car parks, sewers, watermains or drains or other public facilities), where the development includes the construction of 2 or more houses;

(g) conditions for requiring F283[the giving and maintaining of adequate security] for satisfactory completion of the proposed development;

(h) conditions for determining the sequence and timing in which and the time at which works shall be carried out;

(i) conditions for the maintenance or management of the proposed development (including the establishment of a company or the appointment of a person or body of persons to carry out such maintenance or management);

(j) conditions for the maintenance, until taken in charge by the local authority concerned, of roads, open spaces, car parks, sewers, watermains or drains and other public facilities or, where there is an agreement with the local authority in relation to such maintenance, conditions for maintenance in accordance with the agreement;

(k) conditions for requiring the provision of such facilities for the collection or storage of recyclable materials for the purposes of the proposed development;

(l) conditions for requiring construction and demolition waste to be recovered or disposed of in such a manner and to such extent as may be specified by the planning authority;

(m) conditions for requiring the provision of roads, including traffic calming measures, open spaces, car parks, sewers, watermains or drains, facilities for the collection or storage of recyclable materials and other public facilities in excess of the immediate needs of the proposed development, subject to the local authority paying for the cost of the additional works and taking them in charge or otherwise entering into an agreement with the applicant with respect to the provision of those public facilities;

(n) conditions for requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land so authorised, at the expiration of a specified period, and the carrying out of any works required for the re-instatement of land at the expiration of that period;

(o) conditions in relation to appropriate naming and numbering of, and the provision of appropriate signage for, the proposed development;

(p) conditions for requiring, in any case in which the development authorised by the permission would remove or alter any protected structure or any element of a protected structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest—

(i) the preservation by a written and visual record (either measured architectural drawings or colour photographs and/or audio-visual aids as considered appropriate) of that structure or element before the development authorised by the permission takes place, and

(ii) where appropriate, the architectural salvaging of any element, or the re-instatement of any element in a manner specified by the authority;

(q) conditions for regulating the hours and days during which a business premises may operate.

F286[(5) The conditions under subsection (1) may provide that points of detail relating to a grant of permission be agreed between the planning authority and the person carrying out the development and, accordingly—

(a) where for that purpose that person has submitted to the planning authority concerned such points of detail, then that authority shall, within 8 weeks of those points being so submitted, or such longer period as may be agreed between them in writing, either—

(i) reach agreement with that person on those points, or

(ii) where that authority and that person cannot so agree on those points, that authority may—

(I) advise that person accordingly in writing, or

(II) refer the matter to the Board for its determination,

and, where clause (I) applies, that person may, within 4 weeks of being so advised, refer the matter to the Board for its determination,

or

(b) where none of the events referred to in subparagraph (i) or in clause (I) or (II) of subparagraph (ii) occur within those 8 weeks or such longer period as may have been so agreed, then that authority shall be deemed to have agreed to the points of detail as so submitted.]

(6) (a) In a case in which the development F287[concerned would contravene materially the development plan or local area plan], a planning authority may, notwithstanding any other provision of this Act, decide to grant permission under this section, provided that the following requirements are complied with before the decision is made, namely—

(i) notice in the prescribed form of the intention of the planning authority to consider deciding to grant the permission shall be published in at least one daily newspaper circulating in its area and the notice shall specifically state which objective of the development plan F281[or local area plan, as the case may be,] would be materially contravened by granting this permission,

F287[(ii) copies of the notice shall be given to each of the following

(I) the applicant,

F281[(IA) the regional assembly for the area in which the planning authority is situated,]

(II) a prescribed body which has been notified of the application by the planning authority, and

(III) any person who has made a submission or observation in writing in relation to the development to which the application relates, ]

(iii) any submission or observation as regards the making of a decision to grant permission and which is received by the planning authority not later than 4 weeks after the first publication of the notice shall be duly considered by the F287[authority]

F288[(iiia) not later than 6 weeks from the publication of the notice under subparagraph (i), the chief executive shall prepare a report for the members of the planning authority

(I) stating the main reasons and considerations on which the proposal to grant permission is based,

(II) summarising the issues raised in any submissions or observations in accordance with subparagraph (iii), and

(III) advising the members of his or her opinion regarding the compliance or otherwise of the proposed development with any relevant Ministerial guidelines under section 28 or any relevant policies or objectives of the Government or Minister of the Government or with any regional spatial and economic strategy,

and the report shall be considered by the members before a resolution is passed under subparagraph (iv), and

(iv) a resolution shall be passed by the planning authority approving the proposal of the chief executive to grant permission.]

(b) It shall be necessary for the passing of a resolution referred to in paragraph (a) that the number of the members of the planning authority voting in favour of the resolution is not less than three-quarters of the total number of the members of the planning authority or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and the requirement of this paragraph is in addition to and not in substitution for any other requirement applying in relation to such a resolution.

F289[(ba) Where a resolution referred to in paragraph (a) has been passed by a planning authority in accordance with paragraph (b), the planning authority shall

(i) send to the regional assembly for the area and the Office of the Planning Regulator a copy of the notice under paragraph (a) that relates to the resolution, and

(ii) at the same time, inform the regional assembly for the area and the Office of the Planning Regulator in writing that the resolution was passed.]

(c) F290[]

(d) F290[]

(7) F290[]

(8) (a) Subject to paragraphs (b), (c), (d) and (e), where—

(i) an application is made to a planning authority in accordance with the permission regulations for permission under this section, and

(ii) any requirements of those regulations relating to the application are complied with,

a planning authority shall make its decision on the application within the period of 8 weeks beginning on the date of receipt by the planning authority of the application.

F291[(b) Where a planning authority, within 8 weeks of the receipt of a planning application, serves notice in accordance with the permission regulations requiring the applicant to give to the authority further information or to produce evidence in respect of the application, the authority shall make its decision on the application as follows:

(i) within 4 weeks of the notice being complied with, or

(ii) F292[if, within the period specified in subparagraph (i), in relation to further information] given or evidence produced in compliance with the notice, the planning authority

(I) considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and

(II) gives notice accordingly to the applicant,

within 4 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority.

(c) Where, in the case of a planning application accompanied by an F293[environmental impact assessment report] or a Natura impact statement, a planning authority serves a notice referred to in paragraph (b), the authority shall make its decision as follows:

(i) within 8 weeks of the notice being complied with, or

(ii) F292[if, within the period specified in subparagraph (i), in relation to further information] given or evidence produced in compliance with the notice, the planning authority

(I) considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and

(II) gives notice accordingly to the applicant,

within 8 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority,]

F294[(ca) F295[Where an environmental impact assessment report] is submitted to a planning authority under section 172(1C), or where a Natura impact statement is submitted to a planning authority under section 177T (5), the planning authority shall make its decision on the application as follows

(i) within 8 weeks commencing on the date on which the F296[environmental impact assessment report] or Natura impact statement, as the case may be, and a copy of the relevant public notice required in accordance with regulations under this Act, is received by the planning authority, or

(ii) where a planning authority, within 8 weeks of the receipt of an F297[environmental impact assessment report submitted] under section 172(1C) or a Natura impact statement under section 177T(5), serves notice in accordance with regulations under this Act requiring the applicant to give to the authority further information in relation F298[to the environmental impact assessment report] or Natura impact statement, as the case may be

(I) F299[within 8 weeks, in the case of further information in relation to the environmental impact assessment report, and within 4 weeks, in the case of further information in relation to the Natura impact statement,] of the notice being complied with, or

(II) F292[if, within the period specified in clause (I), in relation to further information] given, the planning authority considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with regulations under this Act, and gives notice accordingly to the applicant, F300[within 8 weeks, in the case of such further information given in relation to the environmental impact assessment report, and within 4 weeks, in the case of such further information given in relation to the Natura impact statement,] beginning on the day on which notice of that publication is given by the applicant to the planning authority.]

(d) Where a notice referred to in subsection (6) is published in relation to the application, the authority shall make its decision within the period of 8 weeks beginning on the day on which the notice is first published.

(e) Where, in the case of an application for permission for development that—

(i) would be likely to increase the risk of a major accident, or

(ii) is of such a nature as to be likely, if a major accident were to occur, and, having regard to all the circumstances, to cause there to be serious consequences,

a planning authority consults, in accordance with the permission regulations, with a prescribed authority for the purpose of obtaining technical advice regarding such risk or consequences, the authority shall make a decision in relation to the application within 4 weeks beginning on the day on which the technical advice is received.

F301[(f) (i) Where a planning authority has failed to make a decision in relation to an application within the period specified in paragraph (a), (b), (c), (d) or (e) as appropriate (referred to in this paragraph as the "first period") and becomes aware, whether through notification by the applicant or otherwise, that it has so failed, the authority shall proceed to make the decision notwithstanding that the first period has expired.

(ii) Where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant.

(iii) Where a planning authority fails to make a decision within a period of 12 weeks after the expiry of the first period a decision (referred to in this paragraph as the "deemed decision") of the planning authority to grant the permission shall be regarded as having been given on the last day of that period of 12 weeks.

(iv) Any person, who has made submissions or observations in writing in relation to the planning application to the planning authority, may at any time within the period of 4 weeks after the expiry of the period of 12 weeks referred to in subparagraph (iii), appeal the deemed decision.

(v) Subparagraphs (i) to (iv) shall not apply where there is a requirement under Part X or Part XAB to carry out an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment, in respect of the development relating to which the authority has failed to make a decision.

(vi) Where the planning authority has failed to make a decision in relation to development where an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment is required within the first period and becomes aware, whether through notification by the applicant or otherwise, that it has so failed

(I) the authority shall proceed to make the decision notwithstanding that the first period has expired,

(II) where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant,

(III) provided that no notice under paragraph (b) or (c) was served on the applicant prior to the expiry of the first period, where a planning authority proceeds to make a decision under clause (I) in relation to an application, it may serve notice on the applicant, requiring the applicant to give to the authority further information or to produce evidence in respect of the application under paragraph (b) or (c), and paragraph (b) or (c) shall apply to such notice subject to any necessary modifications,

(IV) subject to service of a notice under paragraph (b) or (c) in accordance with clause (III), where a planning authority fails to make a decision before the expiry of the period of 12 weeks beginning on the day immediately after the day on which the first period expires, the authority shall, subject to clause (V), pay the appropriate sum to the applicant, and shall pay a further such sum to the applicant where it fails to make a decision before the expiry of each subsequent period of 12 weeks beginning immediately after the preceding 12 week period,

(V) not more than 5 payments of the appropriate sum shall be made by a planning authority to an applicant in respect of the failure by the authority to make a decision in relation to an application,

(VI) where a planning authority makes a decision in relation to an application more than one year after the expiration of the first period the authority, before making the decision

(A) notwithstanding that notice has been previously published in relation to the application, shall require the applicant to publish additional such notice concerning the planning application in accordance with the permission regulations (and the planning authority shall refund the costs of so publishing to the applicant),

(B) notwithstanding that notice of the application has previously been given to prescribed bodies, shall give additional such notice in accordance with the permission regulations, and

(C) notwithstanding anything contained in paragraph (b) or (c), or that the authority has previously been given further information or evidence under those paragraphs may require the applicant to give to the authority further information or to produce evidence in respect of the application as the authority requires and paragraph (b) or (c), as appropriate, shall apply to such additional request subject to any necessary modifications,

and the planning authority shall consider any submissions made in accordance with the Regulations following on such additional notices, or additional further information or evidence produced under this clause.

(vii) Any payment or refund due to be paid under this paragraph shall be paid as soon as may be and in any event not later than 4 weeks after it becomes due.

(viii) In this paragraph, "appropriate sum" means a sum which is equal to the lesser amount of 3 times the prescribed fee paid by the applicant to the planning authority in respect of his or her application for permission or 10,000.]

(9) Where, within the period of 8 weeks beginning on the date of receipt by the planning authority of the application, the applicant for a permission under this section gives to the planning authority in writing his or her consent to the extension of the period for making a decision under subsection (8), the period for making the decision shall be extended for the period consented to by the applicant.

(10) (a) F302[Subject to paragraph (c) and without prejudice to section 172(1I), a decision] given under this section or section 37 and the notification of the decision shall state the main reasons and considerations on which the decision is based, and where conditions are imposed in relation to the grant of any permission the decision shall state the main reasons for the imposition of any such conditions, provided that where a condition imposed is a condition described in subsection (4), a reference to the paragraph of subsection (4) in which the condition is described shall be sufficient to meet the requirements of this subsection.

(b) Where a decision by a planning authority under this section or by the Board under section 37 to grant or to refuse permission is different, in relation to the granting or refusal of permission, from the recommendation in—

(i) the reports on a planning application to the F303[chief executive] (or such other person delegated to make the decision) in the case of a planning authority, or

(ii) a report of a person assigned to report on an appeal on behalf of the Board,

a statement under paragraph (a) shall indicate the main reasons for not accepting the recommendation in the report or reports to grant or refuse permission.

F304[(c) Where, in the case of an application for planning permission accompanied by an environmental impact assessment report, a decision by a planning authority under this section or by the Board under section 37, as the case may be

(i) to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report) in relation to the grant of permission is materially different, in relation to the terms of such condition, from the recommendation in

(I) the reports on a planning application to the chief executive (or such other person delegated to make the decision) in the case of a planning authority, or

(II) a report of a person assigned to report on an appeal on behalf of the Board,

as the case may be, a statement under paragraph (a) shall indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the reports or report in relation to such condition referred to in clause (I) or (II), as the case may be,

(ii) to grant, subject to or without conditions, permission, such permission shall include or refer to a statement that the planning authority or the Board, as the case may be, is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, and

(iii) shall include a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.]

(11) (a) Where the planning authority decides under this section to grant a permission—

(i) in case no appeal is taken against the decision, it shall make the grant as soon as may be after the expiration of the period for the taking of an appeal,

(ii) in case an appeal or appeals is or are taken against the decision, it shall not make the grant unless, as regards the appeal or, as may be appropriate, each of the appeals—

(I) it is withdrawn, or

 (II) it is dismissed by the Board pursuant to section 133 or 138, or

(III) in relation to it a direction is given to the authority by the Board pursuant to section 139, and, in the case of the withdrawal or dismissal of an appeal or of all such appeals, as may be appropriate, it shall make the grant as soon as may be after such withdrawal or dismissal and, in the case of such a direction, it shall make the grant, in accordance with the direction, as soon as may be after the giving by the Board of the direction.

(b) Where the Board decides on appeal under section 37 to grant a permission, it shall make the grant as soon as may be after the decision.

F287[(12) A planning authority shall refuse to consider an application to retain unauthorised development of land where the authority decides that if an application for permission had been made in respect of the development concerned before it was commenced the application would have required that one or more than one of the following was carried out

(a) an environmental impact assessment,

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

(c) an appropriate assessment.

(12A) For the purposes of subsection (12), if an application for permission had been made in respect of the following development before it was commenced, the application shall be deemed not to have required a determination referred to at subsection (12)(b):

(a) development within the curtilage of a dwelling house, for any purpose incidental to the enjoyment of the dwelling house as a dwelling house;

(b) modifications to the exterior of a building.

(12B) Where a planning authority refuses to consider an application for permission under subsection (12) it shall return the application to the applicant, together with any fee received from the applicant in respect of the application, and shall give reasons for its decision to the applicant.

(12C) Subject to subsections (12) and (12A), an application for development of land in accordance with the permission regulations may be made for the retention of unauthorised development, and this section shall apply to such an application, subject to any necessary modifications.]

(13) A person shall not be entitled solely by reason of a permission under this section to carry out any development.

Annotations

Amendments:

F276

Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 10(a).

F277

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. 2, in effect as per reg. 2(1).

F278

Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 5(a), (b), S.I. No. 715 of 2021.

F279

Inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (61/2015), s. 3(a)-(e), commenced on enactment.

F280

Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(1), S.I. No. 436 of 2018.

F281

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(1), (5)(a), (b), S.I. No. 436 of 2018.

F282

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 61, S.I. No. 393 of 2004.

F283

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(2), (3), S.I. No. 436 of 2018.

F284

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(2), S.I. No. 436 of 2018.

F285

Substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 8(1), S.I. No. 525 of 2006.

F286

Substituted (17.12.2021) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(4), S.I. No. 714 of 2021.

F287

Substituted (23.03.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 23(a)(i)-(iii) and (c), S.I. No. 132 of 2011.

F288

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 72, S.I. No. 214 of 2014.

F289

Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(5)(c), S.I. No. 133 of 2019, art. 2(c).

F290

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 73, 74, S.I. No. 214 of 2014.

F291

Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 23(b)(i), S.I. No. 475 of 2011.

F292

Substituted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 5(c), S.I. No. 715 of 2021.

F293

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 item ref. no. 3, in effect as per reg. 2(1).

F294

Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 5.

F295

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. 4, in effect as per reg. 2(1).

F296

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. 5, in effect as per reg. 2(1).

F297

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. 6, in effect as per reg. 2(1).

F298

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. 7, in effect as per reg. 2(1).

F299

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 8(a)(i), in effect as per reg. 2(1).

F300

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 8(a)(ii), in effect as per reg. 2(1).

F301

Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 23(b)(ii), S.I. No. 475 of 2011.

F302

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 8(b)(i), in effect as per reg. 2(1).

F303

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(6), S.I. No. 436 of 2018.

F304

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 8(b)(ii), in effect as per reg. 2(1).

Modifications (not altering text):

C37

Application of section restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 10(5)(a), S.I. No. 270 of 2017.

Supplemental provisions to section 9

10. ...

(5)(a) No permission under section 34 of the Act of 2000 shall be required for any development in respect of which approval has been granted under section 9.

...

C38

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

Planning applications and development contribution schemes

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

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

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

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

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

(3) Any contribution—

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

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

shall be expended by the city council for that purpose.

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

...

C39

Effect of grant of permission under section clarified (24.12.2015) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), section 28(2), commenced on enactment.

Applications under section 34 of Act of 2000

28. (1) Where a development to which a certificate relates was substantially commenced or at a more advanced stage of completion on the dissolution day, but was not completed on that date, an application may be made to the Council for permission under section 34 of the Act of 2000 for so much of the development as was not completed on that date.

(2) Where a permission is granted under section 34 of the Act of 2000 in respect of a development in relation to which an application was made under subsection (1), without prejudice to anything validly done in accordance with the certificate concerned prior to the grant of permission, that grant of permission shall have effect, and the certificate shall cease to have effect, in respect of so much of the development as was not completed on the dissolution day.

C40

Construction of reference to ‘planning authority’ under subs. (4)(m) extended (31.12.2007) by Water Services Act 2007 (30/2007), s. 55(5)(b), S.I. No. 846 of 2007.

Connection to a water supply.

55. — ...

(5) ...

(b) For the purposes of the application of section 34(4)(m) of the Act of 2000 to this subsection, a reference to a planning authority shall be deemed to include a reference to a water services authority.

...

C41

Construction of reference to ‘planning authority’ under subs. (4)(m) extended (31.12.2007) by Water Services Act 2007 (30/2007), s. 61(6)(b), S.I. No. 846 of 2007.

Waste water connections.

61. — ...

(6) ...

(b) For the purposes of the application of section 34(4)(m) of the Act of 2000 to this subsection, a reference to a planning authority shall be deemed to include a reference to a water services authority.

...

C42

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), regs. 41(1) and 43(1).

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 Pleanála, 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 Pleanála, 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 Pleanála

43. (1) Where a planning authority or An Bord Pleanála 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.

...

C43

Application of subs. (8) restricted (11.07.2007) by Roads Act 2007 (34/2007), s. 8(4), commenced on enactment.

Declaration of motorways.

8. — ...

(4) Notwithstanding any other enactment, neither a planning authority or An Bord Pleanála shall decide to grant or grant planning permission nor shall a decision by such be regarded as having been given under section 34(8) of the Planning and Development Act 2000 in respect of the developments referred to in section 46 of the Principal Act in respect of a national road or a proposed road development for the construction of a national road declared to be a motorway under subsection (1).

C44

Planning authority enabled to attach conditions to certain applications under section as provided (7.12.2005) by European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005 (S.I. No. 787 of 2005), reg. 5.

5. A planning authority shall, where granting permission for a development in accordance with section 34 of the Act of 2000 consisting of the provision of a waste water treatment plant, attach such conditions to the permission as may be in the opinion of the authority and having regard to the function of the Agency under Article 4 of these Regulations, necessary to ensure that the plant is so operated and maintained as to ensure that it avoids causing nuisance through odours or noise.

C45

Application of section restricted by Environmental Protection Agency Act 1992 (7/1992), s. 99F(1) and (9) as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004 and as amended (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 79, S.I. No. 475 of 2011.

Appliction 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 [or substitute consent, within the meaning of section 177A], 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.

...

(9) Without prejudice to the preceding subsections, where a licence or revised licence under this Part is granted in relation to an activity and—

(a) a permission under section 34 of the Act of 2000, or

...

has been granted in respect of the same activity or in relation to development for the purposes of it, any conditions attached to that permission or contained in that lease, as the case may be, shall, so far as they are for the purposes of the prevention, elimination, limitation, abatement or reduction of emissions to the environment, cease to have effect.

C46

Application of subss. (6) and (8) restricted by Waste Management Act 1996 (10/1996), s. 22(10B) as inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 4, commenced on enactment.

Waste management plans.

22.— ...

(10B) (a) Where a planning authority proposes to grant permission under Part III of the Planning and Development Act, 2000, for development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the authority’s functional area, but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to that area, the manager shall—

(i) publish notice of the intention of the authority to grant the permission in one or more newspapers circulating in that area,

(ii) give a copy of the notice to the applicant for permission and to any person who has made a submission or observation in writing in relation to the development to which the application relates in accordance with any regulations made under the Planning and Development Act, 2000.

(b) Any submission or observation in writing in relation to the making of a decision to grant the permission concerned which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.

(c) Following consideration of any submissions or observations received in accordance with paragraph (b), the manager of the planning authority may, subject to, and in accordance with, the provisions of the Planning and Development Act, 2000 (apart from the amendments of them effected by this section), decide to grant the permission, with or without conditions, or to refuse the permission.

(d) Section 34(6) of the Planning and Development Act, 2000, shall not apply to applications for permission referred to in paragraph (a).

(e) Notwithstanding section 34(8) of the Planning and Development Act, 2000, where a notice referred to in paragraph (a) is published in relation to an application for permission for development, the manager of the planning authority concerned shall make his or her decision in relation to the application within the period of 8 weeks beginning on the day on which the notice is first published.

...

Editorial Notes:

E154

In subs. (10), the replacement of “manager” by “chief executive” (above) is duplicated (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 50, S.I. No. 436 of 2018.

E155

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 under section is a reserved function of local authorities or municipal district members as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 2 ref. 11 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

E156

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).

E157

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

E158

Previous affecting provision: subs. (5) amended (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 8(2), S.I. No. 525 of 2006; subs. (5) substituted (17.12.2021) as per F-note above.

E159

Previous affecting provision: subs. (7) amended(1.01.2002) by Local Government Act 2001 (37/2001), s. 5(3) and sch. 4, S.I. No. 588 of 2001; deleted as per F-note above.

E160

Previous affecting provision: subs. (7)(c) amended (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(3) and sch. 4, S.I. No. 588 of 2001; deleted as per F-note above.