Planning and Development Act 2000
Number 30 of 2000
PLANNING AND DEVELOPMENT ACT 2000
REVISED
Updated to 24 July 2023
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 the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Planning and Development (Amendment) (No. 2) Regulations 2023 (S.I. No. 383 of 2023), made 24 July 2023, 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 24 July 2023
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 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development and Foreshore (Amendment) Act 2022, s. 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
• Aircraft Noise (Dublin Airport) Regulation Act (12/2019), Part 3
• Residential Tenancies (Amendment) Act 2019 (14/2019), s. 38
• Local Government Rates and Other Matters Act 2019 (24/2019), ss. 23, 24
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 9
• European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), Part II (reg. 5)
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020)
• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021)
• Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021)
• Maritime Area Planning Act 2021 (50/2021), Part 8 and schs. 10-12
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), Part 2 (ss. 2-41)
• Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), Part 2 (ss. 2-14)
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 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
• Water Environment (Abstractions and Associated Impoundments) Act 2022 (48/2022)
• Planning and Development and Foreshore (Amendment) Act 2022 (47/2022)
• Development (Emergency Electricity Generation) Act 2022 (35/2022)
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022)
• Remediation of Dwellings Damaged by the use of Defective Concrete Blocks Act 2022 (28/2022)
• Institutional Burials Act 2022 (18/2022)
• Maritime Planning Act 2021 (50/2021)
• Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021)
• Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021)
• Land Development Agency Act 2021 (26/2021)
• Affordable Housing Act 2021 (25/2021)
• Planning and Development (Amendment) Act 2021 (18/2021)
• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021)
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020)
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020)
• Local Government Rates and other Matters Act 2019 (24/2019)
• Residential Tenancies (Amendment) Act 2019 (14/2019)
• Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019)
• Local Government Act 2019 (1/2019)
• Planning and Development (Amendment) Act 2018 (16/2018)
• Data Protection Act 2018 (7/2018)
• Planning and Development (Amendment) Act 2017 (20/2017)
• 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)
• Industrial Development Act 1986 (9/1986)
• Saint Stephen’s Green (Dublin) Act 1877 (40 & 41 Vict. c. 134)
All Acts up to and including Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Planning and Development (Amendment) (No. 2) Regulations 2023 (S.I. No. 383 of 2023)
• Planning and Development (Exempted Development) (No. 4) Regulations 2023 (S.I. No. 376 of 2023)
• Planning and Development Act (Amendment) Regulations 2023 (S.I. No. 273 of 2023)
• Planning and Development Act 2000 (Exempted Development) (No.2) Regulations 2023 (S.I. No. 269 of 2023)
• Planning and Development (Street Furniture Fees) Regulations 2023 (S.I. No. 256 of 2023)
• European Union (Planning and Development) (Development for Accommodation of Displaced Persons) Regulations 2023 (S.I. No. 251 of 2023)
• Planning and Development Act (Exempted Development) Regulations 2023 (S.I. No. 250 of 2023)
• Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2023 (S.I. No. 246 of 2023)
• Planning and Development (Section 181) Regulations 2023 (S.I. No. 243 of 2023)
• Planning and Development (Section 179A) Regulations 2023 (S.I. No. 101 of 2023)
• Planning and Development (Maritime Development) Regulations 2023 (S.I. No. 100 of 2023)
• European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022)
• Planning and Development act 2000 (Section 181(2)(a)) (No. 2) Order 2022 (S.I. No. 694 of 2022)
• Planning and Development Act 2000 (Exempted Development) (Number 5) Regulations 2022 (S.I. No. 664 of 2022)
• Planning and Development (Amendment) (No. 3) Regulations 2022 (S.I. No. 647 of 2022)
• Planning and Development (Exempted Development) (No. 4) Regulations 2022 (S.I. No. 605 of 2022)
• Planning and Development (Amendment) (No. 2) Regulations 2022 (S.I. No. 565 of 2022)
• Planning And Development Act 2000 (Exempted Development) (No. 3) Regulations 2022 (S.I. No. 493 of 2022)
• Planning And Development (Solar Safeguarding Zone) Regulations 2022 (S.I. No. 492 of 2022)
• Planning and Development Act 2000 (Section 181(2)(a)) Order 2022 (S.I. No. 478 of 2022)
• Planning and Development (Amendment) Regulations 2022 (S.I. No. 419 of 2022)
• European Union (Planning and Development) (Displaced Persons From Ukraine Temporary Protection) Regulations 2022 (S.I. No. 306 of 2022)
• Planning and Development (Street Furniture Fees) Regulations 2022 (S.I. No. 249 of 2022)
• Planning and Development Act 2000 (Exempted Development) (Number 2) Regulations 2022 (S.I. No. 151 of 2022)
• Planning and Development Act (Exempted Development) Regulations 2022 (S.I. No. 75 of 2022)
• Planning and Development (Large-scale Residential Development Fees) Regulations 2021 (S.I. No. 720 of 2021)
• Planning and Development (Large-scale Residential Development) Regulations 2021 (S.I. No. 716 of 2021)
• Planning and Development (Amendment) (No. 3) Regulations 2021 (S.I. No. 588 of 2021)
• Planning and Development (Amendment) (No. 3) Regulations 2021 (S.I. No. 459 of 2021)
• European Union (Planning) (Habitats, Birds and Environmental Impact) (No. 2) Regulations 2021 (S.I. No. 457 of 2021)
• European Union (Planning) (Habitats, Birds and Environmental Impact) Regulations 2021 (S.I. No. 456 of 2021)
• Planning and Development Act 2000 (Section 254 – Overground Telecommunication Cables) Regulations 2021 (S.I. No. 422 of 2021)
• Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021)
• Planning and Development (Amendment) (No. 2) Regulations 2021 (S.I. No. 210 of 2021)
• Planning and Development (Street Furniture Fees) Regulations 2021 (S.I. No. 209 of 2021)
• Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2021 (S.I. No. 208 of 2021)
• Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2021 (S.I. No. 115 of 2021)
• Planning and Development Act 2000 (Exempted Development) Regulations 2021 (S.I. No. 114 of 2021)
• Planning and Development (Amendment) Regulations 2021 (S.I. No. 9 of 2021)
• Planning and Development (Amendment) (No. 2) Regulations 2020 (S.I. No. 692 of 2020)
• Planning and Development Act 2000 (Section 181(2)(a)) (No. 3) Order 2020 (S.I. No. 371 of 2020)
• Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2020 (S.I. No. 293 of 2020)
• Planning and Development Act 2000 (Section 181(2)(a)) (No. 2) Order 2020 (S.I. No. 232 of 2020)
• Planning and Development Act 2000 (Section 181(2)(a)) Order 2020 (S.I. No. 231 of 2020)
• European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020)
• Planning and Development Act 2000 (Section 38) Regulations 2020 (S.I. No. 180 of 2020)
• Planning and Development Act 2000 (Subsection (4) of Section 251A) (No. 2) Order 2020 (S.I. No. 165 of 2020)
• Planning and Development Act 2000 (Subsection (4) of Section 251A) Order 2020 (S.I. No. 131 of 2020)
• Planning and Development Act 2000 (Subsection (3) of Section 251A) Order 2020 (S.I. No. 129 of 2020)
• Planning and Development Act 2000 (Section 181) Regulations 2020 (S.I. No. 93 of 2020)
• Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2020 (S.I. No. 92 of 2020)
• Planning and Development Act 2000 (Section 44A) Order 2020 (S.I. No. 61 of 2020)
• Planning and Development (Amendment) Regulations 2020 (S.I. No. 46 of 2020)
• Planning and Development Act 2000 (Exempted Development) Regulations 2020 (S.I. No. 45 of 2020)
• Planning and Development Act 2000 Section 181(2)(a) (No. 5) Order 2019 (S.I. No. 521 of 2019)
• European Union (Environmental Impact Assessment and Habitats) (Section 181 of the Planning and Development Act 2000) Regulations 2019 (S.I. No. 418 of 2019)
• Planning And Development Act, 2000 Section 181(2) (a) Order No. 4 2019 (S.I. No. 285 of 2019)
• Planning And Development Act, 2000 Section 181(2) (a) Order No. 3 2019 (S.I. No. 284 of 2019)
• Planning And Development Act 2000 (Exempted Development) (No. 2) Regulations 2019 (S.I. No. 235 of 2019)
• Planning And Development Act 2000 (Part IIB) (Establishment Day) Order 2019 (S.I. No. 134 of 2019)
• Planning and Development Act 2000, Section 181(2)(a) Order No. 2 2019 (S.I. No. 100 of 2019)
• Planning And Development Act, 2000 Section 181(2)(A) Order No. 1 2019 (S.I. No. 57 of 2019)
• Planning And Development Act 2000 (Exempted Development) Regulations 2019 (S.I. No. 12 of 2019)
• European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4 of 2019)
• European Union (Planning and Development) (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. No. 646 of 2018)
• Planning and Development (Fees) Regulations 2018 (S.I. No. 501 of 2018)
• European Union (Planning and Development) (Environmental Impact Assessment) (No. 2) Regulations 2018 (S.I. No. 404 of 2018)
• European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018)
• Planning and Development (Amendment) (No. 3) Regulations 2018 (S.I. No. 31 of 2018)
• Planning and Development (Amendment) (No. 2) Regulations 2018 (S.I. No. 30 of 2018)
• Planning and Development (Amendment) Regulations 2018 (S.I. No. 29 of 2018)
• Planning and Development (Amendment) Regulations 2017 (S.I. No. 342 of 2017)
• Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Section 28(2)) Order 2017 (S.I. No. 341 of 2017)
• 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 (No. 2) Regulations 2000 (S.I. No. 457 of 2000)
• 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 Planning and Development (Amendment) (No. 2) Regulations 2023 (S.I. No. 383 of 2023), made 24 July 2023, were considered in the preparation of this revision.
Number 30 of 2000
PLANNING AND DEVELOPMENT ACT 2000
REVISED
Updated to 24 July 2023
ARRANGEMENT OF SECTIONS
|
Section |
|
|
1. |
|
|
1A. |
Legal acts of the European Union given effect to by this Act. |
|
2. |
|
|
3. |
|
|
3A. |
|
|
4. |
|
|
5. |
Declaration and referral on development and exempted development. |
|
6. |
|
|
7. |
|
|
8. |
|
18. |
|
|
19. |
|
|
20. |
|
20A. |
|
|
20B. |
|
|
20C. |
Regional Spatial and Economic Strategy
|
28. |
|
|
29. |
|
|
30. |
|
|
31. |
|
|
31A. |
Ministerial directions regarding regional planning strategy. |
Office of the Planning Regulator
Preliminary and General (Part IIB)
|
31K. |
Establishment, Organisation, Staffing etc.
|
31L. |
|
|
31M. |
|
|
31N. |
|
|
31O. |
|
|
31P. |
|
|
31Q. |
|
|
31R. |
|
|
31S. |
Office to have regard to certain policies and objectives and to requirements |
|
31T. |
|
|
31U. |
|
|
31V. |
|
|
31W. |
|
|
31X. |
|
|
31Y. |
|
|
31Z. |
|
|
31AA. |
|
|
31AB. |
Membership of either House of Oireachtas, European Parliament or local authority |
|
31AC. |
|
|
31AD. |
Prohibition on disclosure of information relating to functions of Office |
|
31AE. |
Liability of Planning Regulator or member of staff for acts and omissions |
|
31AF. |
|
|
31AG. |
|
|
31AH. |
|
|
31AI. |
|
|
31AJ. |
|
|
31AK. |
|
|
31AL. |
Evaluation and assessment carried out by Office of the Planning Regulator
|
31AS. |
|
|
31AT. |
|
|
31AU. |
|
|
31AV. |
|
|
31AW. |
|
|
31AX. |
Architectural Conservation Areas and Areas of Special Planning Control
|
93. |
|
|
94. |
|
|
95. |
|
|
96. |
|
|
96A. |
Restoration of normal limit of duration for certain permissions. |
|
96B. |
Levy to be paid in consideration of restoration effected by section 96A. |
|
97. |
|
|
98. |
Allocation of affordable housing. (Repealed) |
|
99. |
Controls on resale of certain houses. (Repealed) |
|
100. |
Regulations under this Part. (Repealed) |
|
101. |
Establishment and Constitution
|
102. |
|
|
103. |
|
|
104. |
|
|
105. |
|
|
105A. |
|
|
106. |
|
|
107. |
|
|
107A. |
General power of deputy chairperson to perform functions of chairperson where office is vacant. |
|
108. |
|
109. |
|
|
110. |
Chairperson to ensure efficient discharge of business of Board, etc. |
|
111. |
|
|
112. |
|
|
112A. |
|
|
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. |
|
|
117. |
|
|
118. |
|
|
119. |
|
|
120. |
|
|
121. |
|
|
122. |
|
|
123. |
|
|
124. |
|
125. |
Appeals, referrals and applications with which the Board is concerned. |
|
126. |
Duty and objective of Board in relation to appeals and referrals. |
|
126A. |
|
|
126B. |
Consequences of non-compliance with time limits for LRD appeals. |
|
127. |
|
|
128. |
Submission of documents, etc. to Board by planning authorities. |
|
129. |
|
|
130. |
|
|
131. |
|
|
132. |
|
|
133. |
Powers of Board where notice served under section 131 or 132. |
|
134. |
|
|
134A. |
|
|
135. |
|
|
136. |
|
|
137. |
|
|
138. |
|
|
139. |
|
|
140. |
|
|
141. |
|
|
142. |
|
|
143. |
|
|
144. |
|
|
145. |
|
|
146. |
Additional powers of Board in relation to permissions, decisions, approvals, etc.
|
147. |
|
|
148. |
Requirements affecting members, etc. who have certain beneficial interests. |
|
149. |
|
|
150. |
|
151. |
|
|
152. |
|
|
153. |
|
|
154. |
|
|
155. |
|
|
156. |
|
|
157. |
|
|
158. |
|
|
159. |
|
|
160. |
|
|
161. |
|
|
162. |
|
|
163. |
Permission not required for any works required under this Part. |
|
164. |
|
|
164A. |
|
165. |
|
|
166. |
|
|
167. |
|
|
168. |
|
|
169. |
|
|
170. |
|
|
170A. |
|
|
171. |
Environmental Impact Assessment
Development by Local and State Authorities, etc.
|
183. |
|
|
184. |
|
|
185. |
|
|
186. |
|
|
187. |
|
|
188. |
|
|
189. |
Recovery by planning authority of compensation on subsequent development. |
Compensation in relation to decisions under Part III
|
190. |
|
|
191. |
|
|
192. |
|
|
193. |
Special provision for structures substantially replacing structures demolished or destroyed by fire. |
|
194. |
Restriction on assignment of compensation under section 190. |
|
195. |
Compensation in relation to sections 46, 85, 88, 182, 207 and 252
|
196. |
|
|
197. |
|
|
198. |
Compensation claim relating to area of special planning control. |
|
199. |
|
|
200. |
|
|
201. |
|
202. |
|
|
203. |
|
|
204. |
|
|
205. |
|
|
206. |
|
|
207. |
|
|
208. |
Supplemental provisions with respect to public rights of way. |
|
209. |
Repair and tidying of advertisement structures and advertisements. |
|
224. |
Definition. Repealed |
|
225. |
Obligation to obtain permission in respect of development on foreshore. |
|
226. |
|
|
227. |
|
|
228. |
|
229. |
|
|
230. |
|
|
231. |
|
|
232. |
|
|
233. |
|
|
234. |
|
|
235. |
|
|
236. |
|
|
237. |
|
|
238. |
|
|
239. |
|
|
240. |
|
|
241. |
|
242. |
|
|
243. |
|
|
244. |
|
|
245. |
|
|
246. |
|
247. |
|
|
248. |
|
|
249. |
|
|
250. |
|
|
251. |
Calculation of appropriate period and other time limits over holidays. |
|
251A. |
|
|
252. |
|
|
253. |
|
|
254. |
|
|
255. |
|
|
256. |
Amendment of Environmental Protection Agency Act, 1992. (Repealed) |
|
257. |
|
|
258. |
Limitation on connection to sanitary authority sewers. (Repealed) |
|
259. |
Limitation of section 53 of the Waterworks Clauses Act, 1847. (Repealed) |
|
260. |
|
|
261. |
|
|
261A. |
|
|
262. |
Commencement, Repeals and Continuance
|
263. |
|
|
264. |
|
|
265. |
|
|
266. |
|
|
267. |
Transitional provisions respecting compulsory acquisition of land. |
|
268. |
|
|
268A. |
Transitional provisions consequent on the Local Government Reform Act 2014. |
|
269. |
|
|
270. |
|
|
270A. |
|
271. |
|
|
272. |
Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority. |
|
273. |
|
|
274. |
|
|
275. |
|
|
276. |
|
|
277. |
|
278. |
|
|
279. |
|
|
279A. |
Certain Development in Nearshore Area
|
280. |
|
|
281. |
|
|
282. |
Consideration by planning authority of application for permission for development |
|
283. |
Other Development in Maritime Area
Manner of Application of Certain Provisions to Maritime Area
|
307. |
|
|
308. |
Disapplication of certain provisions of Act in relation to maritime area |
|
309. |
|
|
310. |
Construction of references to proper planning and sustainable development |
|
311. |
|
|
312. |
|
|
313. |
|
|
314. |
|
|
315. |
|
|
316. |
|
|
317. |
|
|
318. |
|
|
319. |
|
|
320. |
Consultation by coastal planning authority with Maritime Area Regulatory Authority |
|
321. |
Consultation by Board with Maritime Area Regulatory Authority |
Purposes for which objectives may be indicated in Development Plan
Location and Pattern of Development
Control of Areas and Structures
Rules for the Determination of the Amount of Compensation
Development in Respect of which a Refusal of Permission will not Attract Compensation
Reasons for the Refusal of Permission which Exclude Compensation
Conditions which May be Imposed, on the Granting of Permission to Develop Land, without Compensation
Infrastructure Developments for the purposes of sections 37A and 37B
Classes of Development specified for purposes of Chapter III of Part XXI
Relevant provisions for purposes of section 309
Relevant provisions for purposes of section 312
Relevant provisions for purposes of section 313
|
Acts Referred to |
||
|
Acquisition of Land (Assessment of Compensation) Act, 1919 |
9 & 10 Geo. c. 5 |
|
|
Air Pollution Act, 1987 |
||
|
Capital Acquisitions Tax Act, 1976 |
||
|
Casual Trading Act, 1995 |
||
|
City and County Management (Amendment) Act, 1955 |
||
|
Civil Service Regulation Act, 1956 |
||
|
Companies Act, 1963 |
||
|
Companies Act, 1990 |
||
|
Companies Acts, 1963 to 1999 |
||
|
County Management Acts, 1940 to 1994 |
||
|
Derelict Sites Act, 1990 |
||
|
Dublin Docklands Development Authority Act, 1997 |
||
|
Environmental Protection Agency Act, 1992 |
||
|
Ethics in Public Office Act, 1995 |
||
|
European Communities Act, 1972 |
||
|
European Parliament Elections Act, 1997 |
||
|
Foreshore Act, 1933 |
||
|
Foreshore Acts, 1933 to 1998 |
||
|
Freedom of Information Act, 1997 |
||
|
Harbours Act, 1946 |
||
|
Health Act, 1970 |
||
|
Holidays (Employees) Act, 1973 |
||
|
Housing Act, 1966 |
||
|
Housing Act, 1988 |
||
|
Housing Acts, 1966 to 1998 |
||
|
Housing (Miscellaneous Provisions) Act, 1992 |
||
|
Housing of the Working Classes Act, 1890 |
53 & 54 Vict. c. 70 |
|
|
Housing (Traveller Accommodation) Act, 1998 |
||
|
Land Reclamation Act, 1949 |
||
|
Landlord and Tenant Acts, 1967 to 1994 |
||
|
Lands Clauses Consolidation Act, 1845 |
8 Vict. c. 18 |
|
|
Local Authorities (Officers and Employees) Act, 1926 |
||
|
Local Government Act, 1925 |
||
|
Local Government Act, 1941 |
||
|
Local Government Act, 1946 |
||
|
Local Government Act, 1955 |
||
|
Local Government Act, 1991 |
||
|
Local Government Act, 1994 |
||
|
Local Government (Ireland) Act, 1898 |
61 & 62 Vict. c. 37 |
|
|
Local Government (No. 2) Act, 1960 |
||
|
Local Government (Planning and Development) Act, 1963 |
||
|
Local Government (Planning and Development) Act, 1976 |
||
|
Local Government (Planning and Development) Act, 1982 |
||
|
Local Government (Planning and Development) Act, 1983 |
||
|
Local Government (Planning and Development) Act, 1990 |
||
|
Local Government (Planning and Development) Act, 1992 |
||
|
Local Government (Planning and Development) Act, 1993 |
||
|
Local Government (Planning and Development) Act, 1998 |
||
|
Local Government (Planning and Development) Act, 1999 |
||
|
Local Government (Planning and Development) Acts, 1963 to 1999 |
||
|
Local Government (Sanitary Services) Act, 1962 |
||
|
Local Government (Sanitary Services) Act, 1964 |
||
|
Local Government (Sanitary Services) Act, 1878 to 1995 |
||
|
Local Government (Water Pollution) Act, 1977 |
||
|
Mines and Quarries Act, 1965 |
||
|
Ministers and Secretaries (Amendment) Act, 1956 |
||
|
National Monuments Acts, 1930 to 1994 |
||
|
National Monuments (Amendment) Act, 1987 |
||
|
Petty Sessions (Ireland) Act, 1851 |
14 & 15 Vict. c. 93 |
|
|
Property Values (Arbitration and Appeals) Act, 1960 |
||
|
Public Health (Ireland) Act, 1878 |
41 & 42 Vict. c. 52 |
|
|
Registration of Title Act, 1964 |
||
|
Roads Act, 1993 |
||
|
Roads Acts, 1993 and 1998 |
||
|
Roads (Amendment) Act, 1998 |
||
|
State Property Act, 1954 |
||
|
Town and Regional Planning Act, 1934 |
||
|
Urban Renewal Act, 1998 |
||
|
Vocational Education Act, 1930 |
||
|
Waste Management Act, 1996 |
||
|
Water Supplies Act, 1942 |
||
|
Waterworks Clauses Act, 1847 |
10 & 11 Vict. c. 17 |
|
|
Wildlife Act, 1976 |
||
Number 30 of 2000
PLANNING AND DEVELOPMENT ACT 2000
REVISED
Updated to 24 July 2023
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. [28th August, 2000]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of Act other than ss. 50, 50A, and 50B restricted (23.05.2023) by European Union (Planning and Development) (Development for Accommodation of Displaced Persons) Regulations 2023 (S.I. No. 251 of 2023).
3. The Act of 2000, other than sections 50, 50A, and 50B, shall not apply to the development described in the Schedule proposed to be carried out, for the purposes of providing accommodation to displaced persons, on behalf of the Minister for Children, Equality, Disability, Integration and Youth.
SCHEDULE
Part 1
Site: Columb Barracks
Address: Ashe Road, Mullingar, Co. Westmeath.
...
C2
Application of Act other than s. 181 restricted (16.05.2023) by Planning and Development (Section 181) Regulations 2023 (S.I. No. 243 of 2023).
3. The Planning and Development Act 2000 (other than section 181) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period.
SCHEDULE
Classes of development to which Planning and Development Act 2000 (other than section 181) shall not apply:
temporary weather radar station by or on behalf of the Minister for Housing, Local Government and Heritage.
C3
Application of Act restricted (11.11.2022) by Development (Emergency Electricity Generation) Act 2022 (35/2022), s. 3, S.I. No. 564 of 2022.
Disapplication of Planning and Development Act 2000 to designated development
3. None of the provisions of the Planning and Development Act 2000 shall apply to the designated development.
C4
Application of Act restricted (23.06.2022) by European Union (Planning and Development) (Displaced Persons From Ukraine Temporary Protection) Regulations 2022 (S.I. No. 306 of 2022), reg. 3 and sch.
3. (1) The Act of 2000 (other than sections 181A to 181C) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period for the purposes of providing temporary protection to displaced persons.
(2) A reference to “proposed development” in sections 181A to 181C of the Act of 2000 shall include a reference to development of a class specified in the Schedule to which section 181A(1) of the Act of 2000 would apply if it was development of a class specified in regulations made under section 181(1)(a) of the Act of 2000.
SCHEDULE
Article 3
1. Reception and integration facilities.
2. Residential accommodation, including ancillary recreational and sporting facilities.
3. Medical and other health and social care accommodation.
4. Education and childcare facilities, including ancillary recreational and sporting facilities.
5. Emergency management coordination facilities.
6. Structures or facilities ancillary to development referred to in paragraphs 1 to 5, including administration and storage facilities.
7. Infrastructure and other works ancillary to development referred to in paragraphs 1 to 6.
C5
Application of Act restricted (27.03.2020 for relevant period) by Planning and Development Act 2000 (Section 181) Regulations 2020 (S.I. No. 93 of 2020).
2. In these Regulations “relevant period” means the period commencing on the making of these Regulations and ending on the day on which Part 3 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020) ceases to have effect by virtue of subsection (3) of section 2 of that Act.
3. The Planning and Development Act 2000 (other than section 181) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period.
SCHEDULE
Classes of development to which Planning and Development Act 2000 (other than section 181) shall not apply
acute and other health and social care accommodation
self-isolation or other Covid-19 related short stay accommodation
Covid-19 and other step down accommodation
medical testing centre or laboratory
emergency management coordination facilities
mortuary facilities
ancillary and other accommodation including storage facilities
ancillary infrastructure and other works to support the above development
C6
Application of Act extended (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 20(2), S.I. No. 403 of 2019.
Noise insulation scheme
20. ...
(2) Subject to subsection (3), on and after the relevant day, a scheme shall be deemed to be a noise mitigation measure introduced by the competent authority and the provisions of this Act and the Act of 2000 shall, with all necessary modifications, apply to the scheme accordingly.
(3) On and after the relevant day, the competent authority shall ensure that the scheme applies to all homes located within the relevant noise contours.
C7
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.
...
C8
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.
...
C9
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.
...
C10
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
...]
C11
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 |
Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones. |
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. |
|
... |
... |
... |
C12
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.
...
C13
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,
...
C14
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.
C15
Provision made as to costs of proceedings under Act (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 6, 7, S.I. No. 433 of 2011, art. 2(a).
Costs of proceedings to be borne by each party in certain circumstances.
3.— (1) Notwithstanding anything contained in any other enactment or in— ...
and subject to subsections (2), (3) and (4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.
(2) The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that he or she succeeds in obtaining relief and any of those costs shall be borne by the respondent, or as the case may be, defendant or any notice party, to the extent that the acts or omissions of the respondent, or as the case may be, defendant or any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining relief.
(3) A court may award costs against a party in proceedings to which this section applies if the court considers it appropriate to do so—
(a) where the court considers that a claim or counter-claim by the party is frivolous or vexatious,
(b) by reason of the manner in which the party has conducted the proceedings, or
(c) where the party is in contempt of the court.
(4) Subsection (1) does not affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.
(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section applies, a reference to the District Court, the Circuit Court, the High Court or the Supreme Court, as may be appropriate.
C16
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).
C17
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.
...]
C18
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)))
...
C19
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
Act designated a relevant enactment for purposes of calculation of emergency periods in relation to specified periods in Act and power to make emergency period orders provided (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 5(9)(c), commenced on enactment.
E2
Functions of Board under collectively cited Planning and Development Acts 2000 to 2016 in relation to certain developments assigned to Strategic Housing Division (3.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 11(3), (8), (9) and (10), S.I. No. 270 of 2017.
E3
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).
E4
Provision made to ensure measures are taken to secure appropriate provision for the management of waste by planning authorities 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 (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26, S.I. No. 393 of 2004.
E5
Previous affecting provision: 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; repealed (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 4 and sch. 2, S.I. No. 298 of 2018.