Planning and Development (Amendment) Act 2018


Number 16 of 2018


PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018

REVISED

Updated to 3 April 2019


This Revised Act is an administrative consolidation of the Planning and Development (Amendment) Act 2018. 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 Sea-Fisheries (Amendment) Act 2019 (9/2019), enacted 4 April 2019, and all statutory instruments up to and including Planning And Development (Amendment) Act 2018 (Commencement) Order 2019 (S.I. No. 133 of 2019), made 2 April 2019, 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 16 of 0000


PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018

REVISED

Updated to 3 April 2019


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 2018 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( European Union (Planning and Development) (Environment Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 1(2)). The Acts and Statutory Instruments 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.

Planning and Development (Amendment) Act 2017 (20/2017)

Planning and Development (Amendment) Act 2018 (16/2018), other than Part 4 and sch. 3 ref. nos. 12-18

European Union (Planning and Development) (Environment Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), Parts 2, 3, 4 and schs. 1 and 2

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 1972, 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

None

All Acts up to and including Sea-Fisheries (Amendment) Act 2019 (9/2019), enacted 4 April 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Planning And Development (Amendment) Act 2018 (Commencement) Order 2019 (S.I. No. 133 of 2019)

Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018)

European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018)

All statutory instruments up to and including Planning And Development (Amendment) Act 2018 (Commencement) Order 2019 (S.I. No. 133 of 2019), made 2 April 2019, were considered in the preparation of this revision.


Number 16 of 2018


PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018

REVISED

Updated to 3 April 2019


CONTENTS

PART 1

Preliminary and General

1. Short title, collective citation, construction and commencement

2. Interpretation

3. Expenses

PART 2

Office of the Planning Regulator

4. Office of the Planning Regulator

PART 3

Miscellaneous and Consequential Amendments to Planning and Development Acts 2000 to 2016

5. Office of the Planning Regulator and amendments to Part II of Principal Act

6. References to manager, etc., in Principal Act

7. Amendment of section 2 of Principal Act

8. Amendment of section 4 of Principal Act

9. Amendment of section 7 of Principal Act

10. Development plan to be consistent with specific planning policy requirements

11. Amendment of section 10 of Principal Act

12. Amendment of section 11 of Principal Act

13. Amendment of section 11B of Principal Act

14. Amendment of section 12 of Principal Act

15. Amendment of section 13 of Principal Act

16. Request to manager to report on proposal by members of planning authority to vary development plan

17. Amendment of section 20 of Principal Act

18. National Planning Framework

19. Publication of certain documents on website of planning authorities

20. Amendment of section 28 of Principal Act

21. Amendment of section 31 of Principal Act

22. Amendment of section 33 of Principal Act

23. Amendment of section 34 of Principal Act

24. Amendment of section 35 of Principal Act

25. Amendment of section 38 of Principal Act

26. Power to vary appropriate period, etc.

27. Revocation or modification of planning permission for certain reasons

28. Development contributions and supplementary development contribution schemes

29. Amendment of section 50B of Principal Act

30. Amendment of section 144 of Principal Act

31. Amendment of section 162 of Principal Act

32. Amendment of section 169 of Principal Act

33. Amendment of section 176A of Principal Act

34. Amendment of section 176C of Principal Act (Repealed)

35. Amendment of section 177S of Principal Act

36. Amendment of section 177T of Principal Act

37. Amendment of section 180 of Principal Act

38. Amendment of section 195 of Principal Act

39. Amendment of section 208 of Principal Act

40. Members of local authorities exempt from payment of certain fees

41. Amendment of section 246 of Principal Act

42. Exemption from fees for submissions and observations by councillors on planning applications

43. Amendment of section 247 of Principal Act

44. Amendment of section 248 of Principal Act

45. Amendment of section 255 of Principal Act

46. Amendment of First Schedule to Principal Act

47. Amendment of Fourth Schedule to Principal Act

48. Construction of Fifth Schedule to Principal Act

49. Amendment of Seventh Schedule to Principal Act

50. Amendment of section 3 of Act of 2016

51. Amendment of section 5 of Act of 2016

52. Amendment of section 6 of Act of 2016

53. Amendment of section 8 of Act of 2016

54. Amendment of section 10 of Act of 2016

55. Amendment of section 12 of Act of 2016

56. Amendment of section 13 of Act of 2016

57. Amendment of section 28 of Act of 2016

PART 4

Miscellaneous Amendments

58. Definition

59. Amendment of section 23 of Derelict Sites Act 1990

60. Amendment of section 12 of Dublin Transport Authority Act 2008

61. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011

62. Amendment of section 33 of Water Services (No. 2) Act 2013

63. Amendment of section 5 of Act of 2015

64. Vacant site levy

65. Miscellaneous amendments of Act of 2015

PART 5

Marine Spatial Plans

66. Interpretation

67. Competent authority

68. Application of Part

69. Marine spatial plans

70. Requirements of marine spatial planning

71. Public participation on marine spatial plans

72. Strategic environmental assessment and appropriate assessment

73. Laying of marine spatial plans before each House of Oireachtas

74. Compliance by public bodies

75. Directions of Minister

76. Revocation

SCHEDULE 1

Miscellaneous and Consequential Amendments to Part II of Planning and Development Act 2000

SCHEDULE 2

Amendments to Planning and Development Act 2000 Relating to Chief Executive of Local Authorities, etc.

SCHEDULE 3

National Planning Framework and References to National Spatial Strategy

SCHEDULE 4

Amendment to Planning and Development Act 2000

Publication on Website of a Planning Authority of Certain Submissions and Observations, and Reports of the Chief Executive, Relating to Planning Process



Number 16 of 2018


PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018

REVISED

Updated to 3 April 2019


An Act to amend and extend the Planning and Development Acts 2000 to 2018 and for that purpose to establish an office, to be known as the Office of the Planning Regulator, to evaluate and carry out assessments relating to planning matters and provide observations and recommendations in relation to those matters, to conduct reviews and examinations and to conduct education and training programmes and research in relation to planning matters; to provide for the organisation and staffing of that Office; to provide for a National Planning Framework; to provide for certain planning and development requirements to be taken into account by Irish Water; to make miscellaneous and consequential amendments to the Planning and Development Act 2000 and to various other Acts in so far as they relate to planning and development; to amend the Derelict Sites Act 1990; to give effect to Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 1 establishing a framework for marine spatial planning; and to provide for matters connected therewith.

[19 th July, 2018]

Be it enacted by the Oireachtas as follows: