Planning and Development Act 2000
Number 30 of 2000
PLANNING AND DEVELOPMENT ACT 2000
REVISED
Updated to 1 November 2024
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 Criminal Justice (Hate Offences) Act 2024 (41/2024), enacted 29 October 2024, and all statutory instruments up to and including the Planning and Development Act 2000 (Section 181(2)(a)) Order 2024 (Revocation) Order 2024 (S.I. No. 617 of 2024), made 1 November 2024, 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 1 November 2024
ARRANGEMENT OF SECTIONS
Section |
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1. |
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1A. |
Legal acts of the European Union given effect to by this Act. |
2. |
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3. |
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3A. |
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4. |
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5. |
Declaration and referral on development and exempted development. |
6. |
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7. |
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8. |
18. |
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19. |
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20. |
20A. |
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20B. |
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20C. |
Regional Spatial and Economic Strategy
28. |
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29. |
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30. |
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31. |
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31A. |
Ministerial directions regarding regional planning strategy. |
Office of the Planning Regulator
Preliminary and General (Part IIB)
31K. |
Establishment, Organisation, Staffing etc.
31L. |
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31M. |
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31N. |
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31O. |
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31P. |
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31Q. |
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31R. |
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31S. |
Office to have regard to certain policies and objectives and to requirements |
31T. |
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31U. |
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31V. |
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31W. |
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31X. |
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31Y. |
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31Z. |
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31AA. |
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31AB. |
Membership of either House of Oireachtas, European Parliament or local authority |
31AC. |
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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. |
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31AG. |
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31AH. |
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31AI. |
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31AJ. |
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31AK. |
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31AL. |
Evaluation and assessment carried out by Office of the Planning Regulator
31AS. |
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31AT. |
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31AU. |
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31AV. |
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31AW. |
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31AX. |
Architectural Conservation Areas and Areas of Special Planning Control
93. |
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94. |
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95. |
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96. |
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96A. |
Restoration of normal limit of duration for certain permissions. |
96B. |
Levy to be paid in consideration of restoration effected by section 96A. |
97. |
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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. |
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103. |
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104. |
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105. |
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105A. |
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106. |
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107. |
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107A. |
General power of deputy chairperson to perform functions of chairperson where office is vacant. |
108. |
109. |
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110. |
Chairperson to ensure efficient discharge of business of Board, etc. |
111. |
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112. |
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112A. |
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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. |
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117. |
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118. |
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119. |
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120. |
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121. |
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122. |
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123. |
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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. |
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126B. |
Consequences of non-compliance with time limits for LRD appeals. |
127. |
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128. |
Submission of documents, etc. to Board by planning authorities. |
129. |
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130. |
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131. |
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132. |
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133. |
Powers of Board where notice served under section 131 or 132. |
134. |
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134A. |
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135. |
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136. |
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137. |
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138. |
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139. |
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140. |
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141. |
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142. |
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143. |
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144. |
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145. |
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146. |
Additional powers of Board in relation to permissions, decisions, approvals, etc.
147. |
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148. |
Requirements affecting members, etc. who have certain beneficial interests. |
149. |
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150. |
151. |
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152. |
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153. |
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154. |
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155. |
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156. |
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157. |
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158. |
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159. |
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160. |
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161. |
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162. |
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163. |
Permission not required for any works required under this Part. |
164. |
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164A. |
165. |
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166. |
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167. |
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168. |
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169. |
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170. |
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170A. |
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171. |
Environmental Impact Assessment
177A. |
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177B. |
Application to apply for substitute consent where notice served by planning authority. (Repealed) |
177C. |
Application for leave to apply for substitute consent where notice not served by planning authority. (Repealed) |
177D. |
Decision of Board on whether to grant leave to apply for substitute consent. (Repealed) |
177E. |
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177F. |
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177G. |
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177H. |
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177I. |
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177J. |
Draft direction and direction to cease activity or operations. |
177K. |
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177L. |
Direction by Board to cease activity or operations or take remedial measures. |
177M. |
Fees and costs arising on an application for substitute consent. |
177N. |
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177O. |
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177P. |
Supplementary provisions relating to an application for substitute consent. |
177Q. |
Development by Local and State Authorities, etc.
183. |
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184. |
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185. |
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186. |
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187. |
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188. |
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189. |
Recovery by planning authority of compensation on subsequent development. |
Compensation in relation to decisions under Part III
190. |
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191. |
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192. |
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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. |
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197. |
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198. |
Compensation claim relating to area of special planning control. |
199. |
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200. |
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201. |
202. |
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203. |
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204. |
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205. |
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206. |
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207. |
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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. |
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227. |
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228. |
229. |
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230. |
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231. |
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232. |
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233. |
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234. |
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235. |
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236. |
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237. |
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238. |
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239. |
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240. |
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241. |
242. |
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243. |
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244. |
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245. |
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246. |
247. |
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248. |
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249. |
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250. |
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251. |
Calculation of appropriate period and other time limits over holidays. |
251A. |
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252. |
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253. |
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254. |
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255. |
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256. |
Amendment of Environmental Protection Agency Act, 1992. (Repealed) |
257. |
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258. |
Limitation on connection to sanitary authority sewers. (Repealed) |
259. |
Limitation of section 53 of the Waterworks Clauses Act, 1847. (Repealed) |
260. |
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261. |
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261A. |
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262. |
Commencement, Repeals and Continuance
263. |
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264. |
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265. |
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266. |
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267. |
Transitional provisions respecting compulsory acquisition of land. |
268. |
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268A. |
Transitional provisions consequent on the Local Government Reform Act 2014. |
269. |
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270. |
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270A. |
271. |
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272. |
Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority. |
273. |
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274. |
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275. |
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276. |
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277. |
278. |
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278A. |
Disapplication of Chapters II and III of Part XXI of Act of 2000 |
279. |
|
279A. |
Certain Development in Nearshore Area
280. |
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281. |
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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. |
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308. |
Disapplication of certain provisions of Act in relation to maritime area |
309. |
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310. |
Construction of references to proper planning and sustainable development |
311. |
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312. |
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313. |
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314. |
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315. |
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316. |
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317. |
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318. |
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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 |
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Air Pollution Act, 1987 |
||
Capital Acquisitions Tax Act, 1976 |
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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 |
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Ethics in Public Office Act, 1995 |
||
European Communities Act, 1972 |
||
European Parliament Elections Act, 1997 |
||
Foreshore Act, 1933 |
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Foreshore Acts, 1933 to 1998 |
||
Freedom of Information Act, 1997 |
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Harbours Act, 1946 |
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Health Act, 1970 |
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Holidays (Employees) Act, 1973 |
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Housing Act, 1966 |
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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 |
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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 1 November 2024
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
Amendments:
F1
Act repealed by Planning and Development Act 2024 (34/2024), s. 6, not commenced as of date of revision, subject to transitional provisions in ss. 9(9), 12, 14, 16, 21(6), 25(8), (9), 27, 41, 68, 69, 81, 90(10), 92, 94, 96, 116(10), 119, 129(6), (7), 133(10), 136, 137, 140, 159, 162-166, 185-188, 241, 254, 257, 263, 266(13), 269(10) 271-273, 274(4), 275(12), 276(13), 306(5), 308(8), 310(14), (15), 329, 339(10), 344, 345, 382(10), (11), 407(4), 421, 476(1), 493, 504(7), 508(3), 523(11), 528(9), 529, 530(5), 532-535, 537, 538, 550, 556, 557, 559, 567(5), 568(4), 569(2), 579, 584(22)(b), 584(21)-(23), 585(13), 590, 592, 593(11), 625-630, 632.
Modifications (not altering text):
C1
Prospective affecting provision: Act repealed by Planning and Development Act 2024 (34/2024), s. 6, not commenced as of date of revision, subject to transitional provisions in ss. 9(9), 12, 14, 16, 21(6), 25(8), (9), 27, 41, 68, 69, 81, 90(10), 92, 94, 96, 116(10), 119, 129(6), (7), 133(10), 136, 137, 140, 159, 162-166, 185-188, 241, 254, 257, 263, 266(13), 269(10) 271-273, 274(4), 275(12), 276(13), 306(5), 308(8), 310(14), (15), 329, 339(10), 344, 345, 382(10), (11), 407(4), 421, 476(1), 493, 504(7), 508(3), 523(11), 528(9), 529, 530(5), 532-535, 537, 538, 550, 556, 557, 559, 567(5), 568(4), 569(2), 579, 584(22)(b), 584(21)-(23), 585(13), 590, 592, 593(11), 625-630, 632.
F1[…]
C2
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 269(10), not commenced as of date of revision.
Creation of public rights of way compulsorily
269.— …
(10) A public right of way created under an enactment repealed by this Act or by the Act of 2000 that was in force immediately before the commencement of this section shall be deemed to have been created under this section.
C3
Prospective affecting provision: transitional arrangements on repeal made, vesting of certain functions in An Coimisiún Pleanála affirmed and references construed by Planning and Development Act 2024 (34/2024), ss. 410, 423, not commenced as of date of revision.
Continuance of vesting of certain functions
410.—(1) It is hereby declared that all the functions that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections 214, 215, 215A, 215B and 215C of that Act, namely—
(a) the functions conferred on the Minister of the Government concerned in relation to the compulsory acquisition of land by a local authority under the following enactments:
(i) the Public Health (Ireland) Act 1878;
(ii) the Local Government (Ireland) Act 1898;
(iii) the Local Government Act 1925;
(iv) the Water Supplies Act 1942;
(v) the Local Government (No. 2) Act 1960;
(vi) the Local Government (Sanitary Services) Act 1964;
(vii) the Act of 1966;
(viii) the Derelict Sites Act 1990;
(ix) the Roads Acts 1993 and 1998;
(x) the Dublin Docklands Development Authority Act 1997,
(b) the functions of the Minister of the Government concerned in relation to a scheme or proposed road development under sections 49, 50 and 51 of the Act of 1993,
(c) the functions of—
(i) any Minister of the Government, or
(ii) the Commission for Energy Regulation,
under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976 in relation to the compulsory acquisition of land in respect of a strategic gas infrastructure development,
(d) the functions of the Minister of the Government concerned under section 17 of, and the Second Schedule to, the Air Navigation and Transport (Amendment) Act 1998 in relation to the compulsory acquisition of land for the purposes set out in section 18 of that Act, and
(e) the functions of the Minister of the Government concerned under section 16 of, and the Fourth Schedule to, the Harbours Act 1996 in relation to the compulsory acquisition of land for the purposes set out in that section,
shall, on and after that repeal, continue to vest in the Commission and the enactments referred to in paragraphs (a) to (e) shall, with all necessary modifications, be construed accordingly.
(2) A reference in an enactment that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, was to be construed as a reference to An Bord Pleanála by virtue of section 214, 215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed as a reference to the Commission.
(3) In this section “local authority” includes the Dublin Docklands Authority.
...
Continuance of vesting of certain functions
423. (1) It is hereby declared that all the functions that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections 214, 215, 215A, 215B and 215C of that Act, namely—
(a) the functions conferred on the Minister of the Government concerned in relation to the compulsory acquisition of a maritime site by a local authority under the following enactments:
(i) the Public Health (Ireland) Act 1878;
(ii) the Local Government (Ireland) Act 1898;
(iii) the Local Government Act 1925;
(iv) the Water Supplies Act 1942;
(v) the Local Government (No. 2) Act 1960;
(vi) the Local Government (Sanitary Services) Act 1964;
(vii) the Act of 1966;
(viii) the Derelict Sites Act 1990;
(ix) the Roads Acts 1993 and 1998;
(x) the Dublin Docklands Development Authority Act 1997,
(b) the functions of the Minister of the Government concerned in relation to a scheme or proposed road development under sections 49, 50 and 51 of the Act of 1993,
(c) the functions of—
(i) any Minister of the Government, or
(ii) the Commission for Energy Regulation,
under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976 in relation to the compulsory acquisition of a maritime site in respect of a strategic gas infrastructure development,
(d) the functions of the Minister of the Government concerned under section 17 of, and the Second Schedule to, the Air Navigation and Transport (Amendment) Act 1998 in relation to the compulsory acquisition of a maritime site for the purposes set out in section 18 of that Act, and
(e) the functions of the Minister of the Government concerned under section 16 of, and the Fourth Schedule to, the Harbours Act 1996 in relation to the compulsory acquisition of a maritime site for the purposes set out in that section,
shall, on and after that repeal, continue to vest in the Commission and the enactments referred to in paragraphs (a) to (e) shall, with all necessary modifications, be construed accordingly.
(2) A reference in an enactment that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, was to be construed as a reference to An Bord Pleanála by virtue of section 214, 215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed as a reference to the Commission.
(3) In this section “local authority” includes the Dublin Docklands Authority.
C4
Prospective affecting provision: validity of acts done prior to repeal of Act preserved by Planning and Development Act 2024 (34/2024), s. 625, not commenced as of date of revision.
Validity of acts done under Act of 2000
625.—This Act shall not affect the validity of anything done under a provision of the Act of 2000 before the repeal of that provision by section 6.
C5
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), ss. 626, 627, not commenced as of date of revision.
Continued application of Act of 2000 for certain purposes
626.—Notwithstanding the repeal of any provision of the Act of 2000 effected by section 6, that Act shall, subject to Part 17, continue to apply and have effect in relation to—
(a) an application for permission under Part III of that Act made before the repeal of the provision concerned,
(b) an application to the High Court under subsection (6) of section 35 of the Act of 2000 made before the repeal of the provision concerned,
(c) an application under subsection (1) of section 42 of the Act of 2000 made before the repeal of the provision concerned,
(d) a notice served, or an appeal brought, under section 44 or 46 of the Act of 2000 made before the repeal of the provision concerned, and
(e) an appeal under section 37, or paragraph (b) of subsection (10) of section 48, of the Act of 2000 brought before the repeal of the provision concerned.
Continuance in operation of statutory instruments made under Act of 2000
627.—(1) Save where otherwise provided for by this Act, a statutory instrument in force immediately before the repeal by section 6 of the provision of the Act of 2000 under which it was made shall continue in force on and after that repeal as if made under such provision of this Act as, in substance, confers a power to make a statutory instrument in the same or similar terms as the first-mentioned statutory instrument, and may be amended or revoked accordingly.
(2) In this section “statutory instrument” has the meaning assigned to it by the Interpretation Act 2005.
C6
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
Number and Year (1) |
Short Title (2) |
Provision (3) |
... |
... |
... |
No. 30 of 2000 |
Planning and Development Act 2000 |
Sections 5, 7, 8, 18(3), 22, 31I(3), 31AI(4), 31AW(2), 57, 59, 60, 61, 69, 70, 71 to 79, 82, 83, 87, 88, 89, 90, 96, 96B, 97, 101, 147, 148, 170, 178, 178A, 179A, 180, 182, 206, 208, 209, 216, 217, 217B, 219, 247, 248, 249, 252, 254, 261 and 261A; Part III; Chapters III and IV of Part VI; Parts VIII, X, XA, XII, XVI, XVII and XXI. |
... |
... |
... |
C7
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.
...
C8
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.
C9
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.
C10
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.
C11
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.
...
C12
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.
...
C13
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.
...
C14
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
...]
C15
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. |
... |
... |
... |
C16
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.
...
C17
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,
...
C18
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.
C19
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.
C20
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).
C21
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.
...]
C22
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)))
...
C23
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: application of Act restricted (27.03.2020 to expiry of relevant period 31.03.2022) by Planning and Development Act 2000 (Section 181) Regulations 2020 (S.I. No. 93 of 2020); Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, Part 3 ceased on expiry of relevant period as per s. 2(3)(b) as amended (10.02.2022) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 1(a), commenced as per s. 5(2).
E6
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.
PART I
Preliminary and General
Short title.
1.—This Act may be cited as the Planning and Development Act, 2000.
F2[Legal acts of the European Union given effect to by this Act.
1A.—Effect or further effect, as the case may be, is given by this Act to an act specified in the Table to this section, adopted by an institution of the European Union or, where appropriate, to part of such an act.
TABLE
Council Directive 75/440 EEC of 16 June 19751 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States
Council Directive 79/409/EEC of 2 April 19792 on the conservation of wild birds
Environmental Impact Assessment Directive
Council Directive 91/271/EEC of 21 May 19913 concerning urban waste-water treatment
Habitats Directive
Major Accidents Directive
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20004 establishing a framework for Community action in the field of water policy
Directive 2001/42/EC of the European Parliament and of the Council of 27 June 20015 on the assessment of the effects of certain plans and programmes on the environment
Directive 2003/4/EC of the European Parliament and of the Council of 28 January 20036 on public access to environmental information and repealing Council Directive 90/313/EC
Directive 2003/35/EC of the European Parliament and of the Council of 26 May 20037 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC
Directive 2006/11/EC of the European Parliament and of the Council of 15 February 20068 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community
Birds Directive]
Annotations
Amendments:
F2
Inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 3, S.I. No. 405 of 2010.
Interpretation.
2.—(1) In this Act, except where the context otherwise requires—
F3["abstraction" has the same meaning as in the Water Environment (Abstractions and Associated Impoundments) Act 2022;]
F3["abstraction licence" means a licence granted by the Environmental Protection Agency under Part 5 of the Water Environment (Abstractions and Associated Impoundments) Act 2022;]
“acquisition of land” shall be construed in accordance with section 213(2), and cognate words shall be construed accordingly;
“the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919;
F4["Act of 1933" means the Foreshore Act 1933;]
“the Act of 1934” means the Town and Regional Planning Act, 1934;
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963;
“the Act of 1976” means the Local Government (Planning and Development) Act, 1976;
“the Act of 1982” means the Local Government (Planning and Development) Act, 1982;
“the Act of 1983” means the Local Government (Planning and Development) Act, 1983;
“the Act of 1990” means the Local Government (Planning and Development) Act, 1990;
“the Act of 1992” means the Local Government (Planning and Development) Act, 1992;
“the Act of 1993” means the Local Government (Planning and Development) Act, 1993;
“the Act of 1998” means the Local Government (Planning and Development) Act, 1998;
“the Act of 1999” means the Local Government (Planning and Development) Act, 1999;
F5["Act of 2001" means the Transport (Railway Infrastructure) Act 2001;
"Act of 2006" means the Planning and Development (Strategic Infrastructure) Act 2006;
"Act of 2007" means the Water Services Act 2007;
"Act of 2008" means the Dublin Transport Authority Act 2008;
"Act of 2010" means the Planning and Development (Amendment) Act 2010;]
F5["adaptation to climate change" means the taking of measures to manage the impacts of climate change;]
“advertisement” means any word, letter, model, balloon, inflatable structure, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction;
“advertisement structure” means any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for exhibiting advertisements or any attachment to a building or structure used for advertising purposes;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the training of horses and the rearing of bloodstock, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;
F5["allotment" means an area of land comprising not more than 1,000 square metres let or available for letting to and cultivation by one or more than one person who is a member of the local community and lives adjacent or near to the allotment, for the purpose of the production of vegetables or fruit mainly for consumption by the person or a member of his or her family;]
“alteration” includes—
(a) plastering or painting or the removal of plaster or stucco, or
(b) the replacement of a door, window or roof,
that materially alters the external appearance of a structure so as to render the appearance inconsistent with the character of the structure or neighbouring structures;
F5["anthropogenic" in relation to greenhouse gas emissions means those emissions that result from or are produced by human activity or intervention;]
“appeal” means an appeal to the Board;
F5["appropriate assessment" shall be construed in accordance with section 177R;]
“architectural conservation area” shall be construed in accordance with section 81(1);
“area of special planning control” shall be construed in accordance with section 85(8);
“attendant grounds”, in relation to a structure, includes land lying outside the curtilage of the structure;
F6["Birds Directive" means Directive 2009/147/EC9 of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;]
“Board” means An Board Pleanála;
“chairperson” means the chairperson of the Board,
F7["chief executive", in relation to a local authority, including a local authority exercising functions as a planning authority, means the chief executive appointed under Chapter 2 of Part 14 (as amended by section 54 of the Local Government Reform Act 2014) of the Local Government Act 2001;]
F4["coastal planning authority" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
“Commissioners” means the Commissioners of Public Works in Ireland;
“company”, except in section 149(5), means a company within the meaning of section 2 of the Companies Act, 1963, or a company incorporated outside the State;
F8["confirmation notice" means the confirmation notice sent pursuant to article 97B(2) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) following the entering onto the EIA portal of the information referred to in article 97A of those Regulations to which that notice relates;]
F5["core strategy" shall be construed in accordance with section 10 (inserted by section 7 of the Planning and Development (Amendment) Act 2010);]
F9[…]
“dangerous substance” has the meaning assigned to it by the Major Accidents Directive;
“deputy chairperson” means the deputy chairperson of the Board;
“development” has the meaning assigned to it by section 3, and “develop” shall be construed accordingly;
“development plan” means a development plan under section 9(1);
F10["DTA" means the body formerly known as the Dublin Transport Authority whose name was changed with effect from 1 December 2009 to the National Transport Authority pursuant to section 30 of the Public Transport Regulation Act 2009;]
F11["EIA portal" means the website referred to in section 172A;]
F5["electronic form" means information that is generated, communicated, processed, sent, received, recorded, stored or displayed by electronic means and is capable of being used to make a legible copy or reproduction of that communicated information but does not include information communicated in the form of speech and such electronic means includes electrical, digital, magnetic, optical electro-magnetic, biometric, photonic and any other form of related technology;]
“endangered” means exposed to harm, decay or damage, whether immediately or over a period of time, through neglect or through direct or indirect means;
“enforcement notice” means an enforcement notice under section 154;
F5["Environmental impact assessment" has the meaning given to it by section 171A;
F12["Environmental Impact Assessment Directive" means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20113 on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20144 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment;]]
F13["environmental impact assessment report" means a report of the effects, if any, which proposed development, if carried out, would have on the environment and shall include the information specified in Annex IV of the Environmental Impact Assessment Directive;]
F6["European site" has the meaning given to it by section 177R of Part XAB;]
F14["European Union" means European Union within the meaning of the European Communities Act 1972 (No. 27 of 1972);]
“exempted development” has the meaning specified in section 4;
“exhibit”, in relation to an advertisement, includes affix, inscribe, print, paint, illuminate and otherwise delineate;
“existing establishment” has the meaning that it has in the Major Accidents Directive;
“fence” includes a hoarding or similar structure but excludes any bank, wall or other similar structure composed wholly or mainly of earth or stone;
F5["flood risk assessment" means an assessment of the likelihood of flooding, the potential consequences arising and measures, if any, necessary to manage those consequences;]
F15["functional area" means, in relation to a planning authority, its administrative area for the purposes of the Local Government Acts 1925 to 2014;]
“functions” includes powers and duties;
F16["Greater Dublin Area" ("GDA") has the meaning assigned to it by section 3 of the Dublin Transport Authority Act 2008;]
“habitable house” means a house which—
(a) is used as a dwelling,
(b) is not in use but when last used was used, disregarding any unauthorised use, as a dwelling and is not derelict, or
(c) was provided for use as a dwelling but has not been occupied;
F6["Habitats Directive" means Council Directive 92/43/EEC10 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, amended by Corrigendum to Council Directive 92/43/EEC11 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora amended by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded12; Council Directive 97/62/EC13 of 27 October 1997 adapting to technical and scientific progress Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded14, and Council Directive 2006/105/EC15 of 20 November 2006 adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania;]
“house” means a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building;
F5["housing strategy" means a strategy included in a development plan under section 94;]
“integrated pollution control licence” means a licence under Part IV of the Environmental Protection Agency Act, 1992;
“land” includes any structure and any land covered with water (whether inland or coastal);
F5["landscape" has the same meaning as it has in Article 1 of the European Landscape Convention done at Florence on 20 October 2000;
F17["large-scale residential development" means a development that includes—
(a) the development of 100 or more houses,
(b) the development of student accommodation that includes 200 or more bed spaces,
(c) both the development of 100 or more houses and of student accommodation, or
(d) both the development of student accommodation that includes 200 or more bed spaces and of houses,
where the LRD floor space of—
(i) in the case of paragraph (a), the buildings comprising the houses,
(ii) in the case of paragraph (b), the student accommodation,
(iii) in the case of paragraphs (c) and (d), the buildings comprising the houses and the student accommodation,
is not less than 70 per cent, or such other percentage as may be prescribed, of the LRD floor space of the buildings comprising the development;]]
“local area plan” means a local area plan under section 18;
F18["local authority" means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]
F17["LRD" means large-scale residential development;]
F17["LRD appeal" means an appeal against a decision of a planning authority that relates to an application for permission to which section 32A(1) applies;]
F17["LRD meeting" means a meeting in accordance with sections 32B and 32C;]
F17["LRD opinion" has the meaning given to it by section 32D;]
F17["LRD floor space", in relation to a building or part of a building, means the area ascertained by the internal measurement of the floor space on each floor of a building or part of a building (including internal walls and partitions), disregarding any floor space provided for—
(a) the parking of vehicles by persons—
(i) occupying or using the building or the part of the building,
(ii) for a purpose incidental to the primary purpose of the building or part of the building,
and
(b) ancillary residential services, including gyms and child-care facilities;]
“major accident” has the meaning assigned to it by the Major Accidents Directive;
F6["Major Accidents Directive" means Council Directive 96/82/EC of 9 December 199616 amended by Directive 2003/105/EC of the European Parliament and Council of 16 December 200317;]
F19[…]
F4["maritime area" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F4["maritime area consent" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F4["maritime site" means a part of the maritime area, and includes—
(a) the waters of that part of the maritime area,
(b) the seabed in that part of the maritime area, and
(c) all substrata beneath the seabed in that part of the maritime area;]
F4["maritime spatial plan" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F4["maritime spatial planning" means—
(a) maritime spatial planning within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 201426, and
(b) land-sea interactions within the meaning of that Directive;]
F20[“mine” means an excavation or system of excavations made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;
“minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat;]
“Minister” means the Minister for the Environment and Local Government;
F4["National Marine Planning Framework" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F4["national newspaper" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F21["National Spatial Strategy" means the "National Spatial Strategy: 2002 – 2020" published by the Government on 28 November 2002, or any document published by the Government which amends or replaces that Strategy;]
F5["Natura 2000 network" has the meaning assigned to it by Article 3, paragraph 1 of the Habitats Directive;
"Natura impact statement" shall be construed in accordance with section 177T;
"Natura impact report" shall be construed in accordance with section 177T;]
F4["nearshore area" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
“new establishment” has the meaning that it has in the Major Accidents Directive;
F22["NTA" means the National Transport Authority, being the name to which the name of the Dublin Transport Authority was changed with effect from 1 December 2009 pursuant to section 30 of the Public Transport Regulation Act 2009;]
F4["objectives of maritime spatial planning" means—
(a) those matters to which the State is required, in accordance with paragraph 1 of Article 5 of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014, to give consideration when establishing and implementing maritime spatial planning,
(b) those matters to which the State is required, in accordance with paragraph 2 of the said Article 5, to aim to contribute through maritime spatial plans, and
(c) objectives that the State is, for the time being, seeking to pursue in accordance with the second sentence of the said paragraph 2;]
“occupier”, in relation to a protected structure or a proposed protected structure, means—
(a) any person in or entitled to immediate use or enjoyment of the structure,
(b) any person entitled to occupy the structure, and
(c) any other person having, for the time being, control of the structure;
F23["operator" in relation to a quarry means a person who at all material times is in charge of the carrying on of quarrying activities at a quarry or under whose direction such activities are carried out;]
“ordinary member” means a member of the Board other than the chairperson;
F4["outer maritime area" means that part of the maritime area that is not within the nearshore area of any coastal planning authority;]
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;
“party to an appeal or referral” means the planning authority and any of the following persons, as appropriate—
(a) the appellant,
(b) the applicant for any permission in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),
(c) in the case of a referral under section 5, the person making the referral, and any other person notified under subsection (2) of that section,
(d) in the case of a referral under section 34(5), the applicant for the permission which was granted,
(e) in the case of a referral under section 37(5), the person who made the application for permission which was returned by the planning authority,
(f) any person served or issued by a planning authority with a notice or order, or copy thereof, under sections 44, 45, 46, 88 and 207,
F24[(ff) in the case of a referral under section 57(8), the person making the referral,]
(g) in the case of a referral under section 96(5), a prospective party to an agreement under section 96(2),
(h) in the case of an appeal under section 169, the development agency,
(i) in the case of a referral under section 193, the person by whom the application for permission for erection of the new structure was made,
(j) the applicant for a licence under section 254 in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),
and “party” shall be construed accordingly;
F25["permission" means a permission granted under F26[section 34, 37G, 37N or 293], as appropriate;]
F26["permission regulations" means regulations under section 33, 37P, 172(2), 174 or 306;]
F6["planning application" means an application to a planning authority, or the Board, as the case may be, in accordance with permission regulations for permission for the development of land required by those regulations;]
F27["planning authority" means a local authority;]
“prescribed” means prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly;
“proposed protected structure” means a structure in respect of which a notice is issued under section 12(3) or under section 55 proposing to add the structure, or a specified part of it, to a record of protected structures, and, where that notice so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;
F17["prospective LRD applicant" has the meaning given to it by section 32A;]
“protected structure” means—
(a) a structure, or
(b) a specified part of a structure,
which is included in a record of protected structures, and, where that record so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;
“protection”, in relation to a structure or part of a structure, includes conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part;
“public place” means any street, road, seashore or other place to which the public have access whether as of right or by permission and whether subject to or free of charge;
“public road” has the same meaning as in the Roads Act, 1993;
F28[“quarry” means an excavation or system of excavations made for the purpose of, or in connection with, the getting of minerals (whether in their natural state or in solution or suspension) or products of minerals, being neither a mine nor merely a well or bore-hole or a well and bore-hole combined, and shall be deemed to include—
(i) any place on the surface surrounding or adjacent to the quarry occupied together with the quarry for the storage or removal of the minerals or for the purposes of a process ancillary to the getting of minerals, including the breaking, crushing, grinding, screening, washing or dressing of such minerals but, subject thereto, does not include any place at which any manufacturing process is carried on;
(ii) any place occupied by the owner of a quarry and used for depositing refuse from it but any place so used in connection with two or more quarries, and occupied by the owner of one of them, or by the owners of any two or more in common, shall be deemed to form part of such one of those quarries as the Minister may direct;
(iii) any line or siding (not being part of a railway) serving a quarry but, if serving two or more quarries shall be deemed to form part of such one of them as the Minister may direct;
(iv) a conveyor or aerial ropeway provided for the removal from a quarry of minerals or refuse.]
“record of protected structures” means the record included under section 51 in a development plan;
F29["referral" means a referral to the Board under section 5, 34(5), 37(5), 57, 96(5) or 193(2);]
F30["regional assembly" means a body established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991;]
F31["regional assemblies in respect of the GDA" means regional assemblies established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991, in respect of a region or regions which includes all or part of the Greater Dublin Area for the purposes of section 3 of the Dublin Transport Authority Act 2008;]
F32["regional spatial and economic strategy" means regional spatial and economic strategy made under Chapter III of Part II;]
“register” means the register kept under section 7;
“registering authority” means a registering authority within the meaning of the Registration of Title Act, 1964;
F33["reserved function", in relation to a local authority, shall be construed in accordance with section 131 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;]
“risk” has the meaning assigned to it by the Major Accidents Directive;
“road” has the same meaning as in the Roads Act, 1993;
“seashore” has the same meaning as in the Foreshore Act, 1933;
F5["service connection" has the meaning given to it by section 2 of the Act of 2007;
"settlement hierarchy" has the meaning given to it by section 10(2C) (inserted by section 7 of the Act of 2010); ]
“shares” includes stock and “share capital” shall be construed accordingly;
“special amenity area order” means an order confirmed under section 203;
“State authority” means—
(a) a Minister of the Government, or
(b) the Commissioners;
“statutory undertaker” means a person, for the time being, authorised by or under any enactment or instrument under an enactment to—
(a) construct or operate a railway, canal, inland navigation, dock, harbour or airport,
(b) provide, or carry out works for the provision of, gas, electricity or telecommunications services, or
(c) provide services connected with, or carry out works for the purposes of the carrying on of the activities of, any public undertaking;
F5["strategic development zone" has the meaning given to it by section 165; ]
F34["strategic downstream gas pipeline" means any proposed gas pipeline, other than an upstream gas pipeline, which is designed to operate at 16 bar or greater, and is longer than 20 kilometres in length;
F5["strategic environmental assessment" means an assessment carried out in accordance with regulations made under section 10(5), 13(12), 19(4), 23(3), or 168(3) as the case may be;]
"strategic gas infrastructure development" means any proposed development comprising or for the purposes of a strategic downstream gas pipeline or a strategic upstream gas pipeline, and associated terminals, buildings and installations, whether above or below ground, including any associated discharge pipe;
"strategic infrastructure development" means—
(a) any proposed development in respect of which a notice has been served under section 37B(4)(a),
(b) any proposed development by a local authority referred to in section 175(1) or F35[subsection (3) or (6) of section 226],
F36[(c) any proposed development referred to in section 181A(1) which has been identified as likely to have significant effects on the environment in accordance with regulations made under section 176,]
(d) any proposed development referred to in section 182A(1),
(e) any proposed strategic gas infrastructure development referred to in section 182C(1),
(f) any scheme or proposed road development referred to in section 215,
(g) any proposed railway works referred to in section 37(3) of the Transport (Railway Infrastructure) Act 2001 (as amended by the Planning and Development (Strategic Infrastructure) Act 2006), or
F37[(h) any compulsory acquisition of land referred to in section 214, 215A, 215B or 215C, being an acquisition related to development specified in any of the preceding paragraphs of this definition;]
"Strategic Infrastructure Division" means the division of the Board referred to in section 112A(1);
"strategic upstream gas pipeline" means so much of any gas pipeline proposed to be operated or constructed—
(a) as part of a gas production project, or
(b) for the purpose of conveying unprocessed natural gas from one or more than one such project to a processing plant or terminal or final coastal landing terminal,
as will be situate in the functional area or areas of a planning authority or planning authorities;]
“structure” means any building, structure, excavation, or other thing constructed or made on, in or under any land, or any part of a structure so defined, and—
(a) where the context so admits, includes the land on, in or under which the structure is situate, and
(b) in relation to a protected structure or proposed protected structure, includes—
(i) the interior of the structure,
(ii) the land lying within the curtilage of the structure,
(iii) any other structures lying within that curtilage and their interiors, and
(iv) all fixtures and features which form part of the interior or exterior of any structure or structures referred to in subparagraph (i) or (iii);
F17["student accommodation" means a building or part thereof used, or to be used, for the sole purpose (subject to paragraph (b)) of providing residential accommodation to students during academic term times, whether or not provided by a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 ), and that is not used, or to be used,—
(a) as permanent residential accommodation, or
(b) as a hotel, hostel, apart-hotel or similar type accommodation other than for the purposes of providing residential accommodation to tourists or visitors outside of academic term times;]
F5["substitute consent" has the meaning given to it by section 177A;]
“substratum of land” means any subsoil or anything beneath the surface of land required—
(a) for the purposes of a tunnel or tunnelling or anything connected therewith, or
(b) for any other purpose connected with a scheme within the meaning of the Roads Act, 1993;
F38["this Act" includes a statutory instrument made thereunder;]
“Transboundary Convention” means the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland), on 25 February, 1991;
F16["transport strategy" has the meaning assigned to it by section 12 of the Dublin Transport Authority Act 2008;]
“traveller” means a traveller within the meaning of section 2 of the Housing (Traveller Accommodation) Act, 1998;
“unauthorised development” means, in relation to land, the carrying out of any unauthorised works (including the construction, erection or making of any unauthorised structure) or the making of any unauthorised use;
“unauthorised structure” means a structure other than—
(a) a structure which was in existence on 1 October 1964, or
(b) a structure, the construction, erection or making of which was the subject of a permission for development granted under Part IV of the Act of 1963 or deemed to be such under section 92 of that Act F25[or under F26[section 34, 37G or 37N or 293] of this Act], being a permission which has not been revoked, or which exists as a result of the carrying out of exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act);
“unauthorised use” means, in relation to land, use commenced on or after 1 October 1964, being a use which is a material change in use of any structure or other land and being development other than—
(a) exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act), or
(b) development which is the subject of a permission granted under Part IV of the Act of 1963 F25[or under F26[section 34, 37G, 37N or 293] of this Act], being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject;
“unauthorised works” means any works on, in, over or under land commenced on or after 1 October 1964, being development other than—
(a) exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act), or
(b) development which is the subject of a permission granted under Part IV of the Act of 1963 F25[or under F26[section 34, 37G, 37N or 293] of this Act], being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject;
“use”, in relation to land, does not include the use of the land by the carrying out of any works thereon;
“warning letter” means a notification in writing under section 152(1);
“waste licence” means a waste licence under Part V of the Waste Management Act, 1996;
“works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal and, in relation to a protected structure or proposed protected structure, includes any act or operation involving the application or removal of plaster, paint, wallpaper, tiles or other material to or from the surfaces of the interior or exterior of a structure.
(2) In this Act—
(a) a reference to a section, Schedule, Chapter or Part is to a section, Schedule, Chapter or Part of this Act, unless it is indicated that reference to some other enactment is intended, and
(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(3) In this Act, a reference to the carrying out of development on behalf of a State authority shall, where that authority is a Minister of the Government, be construed as including a reference to the carrying out of development by the Commissioners on behalf of the Minister.
(4) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.
(5) A reference in this Act to performance of functions includes a reference to the exercise of powers and the performance of duties.
(6) A reference in this Act to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
(7) The doing of anything that is required under this Act to be done by resolution shall be a reserved function.
F39[(8) Subject to this Act, a word or expression that is used in this Act and that is also used in the Environmental Impact Assessment Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.]
Annotations
Amendments:
F3
Inserted (28.08.2024) by Water Environment (Abstractions and Associated Impoundments) Act 2022 (48/2022), s. 116(a), S.I. No. 417 of 2024.
F4
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 1, S.I. No. 488 of 2022.
F5
Inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(c), S.I. No. 405 of 2010.
F6
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(b), S.I. No. 405 of 2010.
F7
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6 and sch. 2 ref. no. 2, S.I. No. 436 of 2018.
F8
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(iii), in effect as per reg. 2(1).
F9
Deleted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(a), S.I. No. 405 of 2010.
F10
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 1, S.I. No. 214 of 2014.
F11
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(iii), in effect as per reg. 2(1).
F12
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(i), in effect as per reg. 2(1).
F13
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(ii), in effect as per reg. 2(1).
F14
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(iii), in effect as per reg. 2(1).
F15
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 2, S.I. No. 214 of 2014.
F16
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 81, S.I. No. 574 of 2009.
F17
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 2, S.I. No. 715 of 2021.
F18
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 3, S.I. No. 214 of 2014.
F19
Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6 and sch. 2 ref. no. 1, S.I. No. 436 of 2018.
F20
Inserted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 3.
F21
Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(a), S.I. No. 525 of 2006.
F22
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2, part 4 ref. 5, S.I. No. 214 of 2014.
F23
Inserted (15.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 16, S.I. No. 474 of 2011.
F24
Inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 6(a), commenced on enactment.
F25
Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 3(a).
F26
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 1, S.I. No. 488 of 2022.
F27
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 6, S.I. No. 214 of 2014.
F28
Substituted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 3.
F29
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 6(b), commenced on enactment.
F30
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 7.
F31
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4, ref. 8.
F32
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 9, S.I. No. 214 of 2014.
F33
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 10, S.I. No. 214 of 2014.
F34
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(b) and (c), S.I. No. 684 of 2006.
F35
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 7, S.I. No. 436 of 2018.
F36
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 3.
F37
Substituted (21.07.2009) by Harbours (Amendment) Act 2009 (26/2009), s. 7(2)(a), commenced on enactment.
F38
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(iii), in effect as per reg. 2(1).
F39
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(b), in effect as per reg. 2(1).
Modifications (not altering text):
C24
Subs. (1) construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 13, S.I. No. 270 of 2017.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of section 2 (interpretation) of Act of 2000 during specified period
13. Section 2 of the Act of 2000 shall have effect in subsection (1) during the specified period—
(a) as if “, or section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “or 37N” in the definition of “permission”,
(b) as if “, or section 12 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “or 174” in the definition of “permission regulations”,
(c) as if the following were inserted after subparagraph (a) in the definition of “strategic infrastructure development”:
“(aa) any proposed development referred to in section 4 (other than development in respect of which an election has been exercised under subsection (4) of that section) of the Planning and Development (Housing) and Residential Tenancies Act 2016,”,
(d) as if the following definition were inserted after the definition of “structure”:
“ ‘student accommodation’—
(a) means a building or part thereof used or to be used to accommodate students whether or not provided by a relevant provider (within the meaning of Qualifications and Quality Assurance (Education and Training) Act 2012), and that is not for use—
(i) as permanent residential accommodation, or
(ii) subject to paragraph (b), as a hotel, hostel, apart-hotel or similar type accommodation,
and
(b) includes residential accommodation that is used as tourist or visitor accommodation but only if it is so used outside of academic term times;”,
(e) as if “or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 37N of this Act,” in subparagraph (b) of the definition of “unauthorised structure”, and
(f) as if “or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 37N of this Act,” in subparagraph (b) of the definition of “unauthorised use”.
Editorial Notes:
E7
Section as in force immediately before 1 September 2018 applied to the interpretation of S.I. No. 296 of 2018 as provided (21.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(2), in effect as per reg. 2(1).
E8
Previous affecting provision: definition of "permission regulations" substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 3(b); substituted (1.01.2022) as per F-note above.
E9
Previous affecting provision: definition of “manager” substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 4, S.I. No. 214 of 2014; deleted as per F-note above.
E10
Previous affecting provision: definition of “environmental impact statement” amended (31.10.2012) by European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012), reg. 2(a)(ii); substituted by definition of “environmental impact assessment report” as per F-note above.
E11
Previous affecting provision: definition of “quarry” inserted (15.09.2011) by Environmental (Miscellaneous Provisions) Act 2011 (20/2011), s. 16, S.I. No. 474 of 2011; substituted as per F-note above.
E12
Previous affecting provision: definition of “Environmental Impact Assessment Directive” inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(c), S.I. No. 405 of 2010; amended (31.10.2012) by European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012), reg. 2(a)(i); substituted as per F-note above.
E13
Previous affecting provision: definition of “DTA” inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 81, S.I. No. 574 of 2009; substituted as per F-note above.
E14
Previous affecting provision: definition of “regional authorities within the GDA” inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 81, S.I. No. 574 of 2009; substituted as per F-note above.
E15
Previous affecting provision: definition of “permission” inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(b) and (c), S.I. No. 684 of 2006; substituted as per F-note above.
E16
Previous affecting provisions: definitions of “unauthorised structure”, “unauthorised use” and “unauthorised works” amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(d), S.I. No. 684 of 2006; substituted as per F-note above.
Development.
3.—F40[(1) In this Act, except where the context otherwise requires, "development" means—
(a) the carrying out of any works in, on, over or under land, or the making of any material change in the use of any land or structures situated on land, or
(b) development within the meaning of Part XXI (inserted by section 171 of the Maritime Area Planning Act 2021).]
(2) For the purposes of subsection (1) and without prejudice to the generality of that subsection—
(a) where any structure or other land or any tree or other object on land becomes used for the exhibition of advertisements, or
(b) where land becomes used for any of the following purposes—
(i) the placing or keeping of any vans, tents or other objects, whether or not moveable and whether or not collapsible, for the purpose of caravanning or camping or habitation or the sale of goods,
(ii) the storage of caravans or tents, or
(iii) the deposit of vehicles whether or not usable for the purpose for which they were constructed or last used, old metal, mining or industrial waste, builders’ waste, rubbish or debris,
the use of the land shall be taken as having materially changed.
(3) For the avoidance of doubt, it is hereby declared that, for the purposes of this section, the use as two or more dwellings of any house previously used as a single dwelling involves a material change in the use of the structure and of each part thereof which is so used.
Annotations
Amendments:
F40
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 2, S.I. No. 488 of 2022.
F41[Short term lettings
3A.—(1) The use of a house or part of a house situated in a rent pressure zone for short term letting purposes is a material change in use of the house or part thereof, as the case may be.
(2) For the purposes of this section, the Minister may make regulations requiring such persons as are specified in the regulations to provide a planning authority with such information as may be so specified and at such intervals as may be so specified in relation to short term lettings in the administrative area of the planning authority.
(3) A person who contravenes a provision of regulations under this section that is described in the regulations as a penal provision shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.
(4) This section shall not operate to abrogate or amend the law with regard to—
(a) lettings (including short term lettings) outside a rent pressure zone, or
(b) lettings (other than short term lettings) in a rent pressure zone.
(5) In this section—
"rent pressure zone" means—
(a) any area standing prescribed for the time being under section 24A of the Residential Tenancies Act 2004, or
(b) an administrative area deemed to be a rent pressure zone under section 24B of that Act;
"short term letting" means the letting of a house or part of a house for any period not exceeding 14 days, and includes a licence that permits the licensee to enter and reside in the house or part thereof for any such period in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor.]
Annotations
Amendments:
F41
Inserted (1.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 38, S.I. No. 286 of 2019. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.
F42
Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 3(a), not commenced as of date of revision, as provided (13.10.2022) by European Union (Planning and Development, Maritime and Valuation (Amendment) Act 2022) (Amendment) Regulations 2022 (S.I. No. 513 of 2022), reg. 3.
F43
Substituted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 3(b), not commenced as of date of revision, as provided (13.10.2022) by European Union (Planning and Development, Maritime and Valuation (Amendment) Act 2022) (Amendment) Regulations 2022 (S.I. No. 513 of 2022), reg. 3.
F44
Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 3(c), not commenced as of date of revision, as provided (13.10.2022) by European Union (Planning and Development, Maritime and Valuation (Amendment) Act 2022) (Amendment) Regulations 2022 (S.I. No. 513 of 2022), reg. 3.
Modifications (not altering text):
C25
Prospective affecting provision: subss. (1A)-(1F) inserted, subs. (2) substituted and definitions inserted into subs. (5) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 3, not commenced as of date of revision as provided (13.10.2022) by European Union (Planning and Development, Maritime and Valuation (Amendment) Act 2022) (Amendment) Regulations 2022 (S.I. No. 513 of 2022), reg. 3.
F42[(1A) A person shall not, during the relevant period, advertise or cause the advertisement of a relevant property for short term letting purposes, or enter into any arrangement in respect of a relevant property for short term letting purposes, unless the use of the relevant property for those purposes—
(a) is in accordance with a permission granted under Part III, or
(b) is exempted development for the purposes of this Act.
(1B) A person who contravenes subsection (1A) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.
(1C) A person shall be deemed not to have contravened subsection (1A) in respect of a relevant property if the person produces proof, provided by a planning authority in accordance with regulations made under subsection (2), of the matters set out in paragraphs (a) or (b) of that subsection in respect of the relevant property.
(1D) The relevant period may, by order of the Minister made before the expiry of that period, be extended for such period (being a period not exceeding 6 months) as is specified in the order.
(1E) An order under subsection (1D) shall be made by the Minister where he or she is satisfied that it is necessary in order to address an acute shortage of rental accommodation (other than for short term letting purposes) in rent pressure zones.
(1F) An order under subsection (1D) shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.]
F43[(2) For the purposes of this section, the Minister may make regulations—
(a) requiring such persons as are specified in the regulations to provide a planning authority with such information as may be specified and at such intervals as may be so specified in relation to short term lettings in the administrative area of the planning authority, and
(b) requiring a planning authority to provide to such persons as are specified in the regulations such proof of the matters set out in paragraph (a) or (b) of subsection (1A) in respect of a relevant property as may be specified in the regulations.]
...
(5) ...
F44["relevant period" means the period of 6 months commencing on the day following the commencement of section 3 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022;
"relevant property" means a house or part of a house that is not a principal private residence and is located in a rent pressure zone.]
Exempted development.
4.—(1) The following shall be exempted developments for the purposes of this Act—
(a) development consisting of the use of any land for the purpose of agriculture and development consisting of the use for that purpose of any building occupied together with land so used;
F45[(aa) development by a local authority in its functional area (other than, in the case of a local authority that is a coastal planning authority, its nearshore area);]
F46[(ab) development by a coastal planning authority that—
(i) owns the maritime site on which the development is proposed to be situated, or
(ii) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
in its nearshore area;]
F47[(ab) development consisting of the carrying out of relevant works or related activities over principal burial land, ancillary burial land or ancillary land within the meaning of the Institutional Burials Act 2022;]
(b) F48[…]
(c) F48[…]
(d) F48[…]
F49[(e) development consisting of the carrying out by a local authority of any works required for the construction of a new road or the maintenance or improvement of a road;
(f) development carried out on behalf of, or jointly or in partnership with, a local authority, pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity;]
F54[ (fa) development to which section 179A applies;]
(g) development consisting of the carrying out by any local authority or statutory undertaker of any works for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, cables, overhead wires, or other apparatus, including the excavation of any street or other land for that purpose;
(h) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures;
F50[(i) development consisting of the thinning, felling or replanting of trees, forests or woodlands or works ancillary to that development, but not including the replacement of broadleaf high forest by conifer species;]
F51[(ia) development (other than development consisting of the provision of access to a national road within the meaning of the Roads Act 1993) that consists of—
(I) the construction, maintenance or improvement of a road (other than a public road) that serves a forest or woodland, or
(II) works ancillary to such construction, maintenance or improvement;]
(j) development consisting of the use of any structure or other land within the curtilage of a house for any purpose incidental to the enjoyment of the house as such;
(k) development consisting of the use of land for the purposes of a casual trading area (within the meaning of the Casual Trading Act, 1995);
(l) development consisting of the carrying out of any of the works referred to in the Land Reclamation Act, 1949, not being works comprised in the fencing or enclosure of land which has been open to or used by the public within the ten years preceding the date on which the works are commenced F52[or works consisting of land reclamation or reclamation of estuarine marsh land and of callows, referred to in section 2 of that Act.]
F46[(1A) Subject to subsection (1B), the following classes of development shall also be exempted development for the purposes of this Act if carried out wholly in the maritime area:
(a) development for the purposes of any survey for archaeological purposes;
(b) development for the purposes, or consisting, of—
(i) the exploration for petroleum, within the meaning of Part II of the Petroleum and Other Minerals Development Act 1960, in accordance with a licence under section 8, 9 or 19 of that Act or a lease under section 13 of that Act,
(ii) the working, within such meaning, of such petroleum, in accordance with such lease or licence, or
(iii) the restoration of the area in which such exploration or working has taken place;
(c) development consisting, or for the purposes, of the construction or operation, in accordance with a consent under subsection (1) of section 40 of the Gas Act 1976, of an upstream pipeline,
(d) development for the purposes, or consisting, of dumping within the meaning of the Dumping At Sea Act 1996;
(e) development authorised under section 638 of the Merchant Shipping Act 1894 or section 3 of the Merchant Shipping (Commissioners of Irish Lights) Act 1997 by the Commissioners of Irish Lights for the purposes, or consisting, of the placement of aids to navigation;
(f) activities that are the subject of, or require, a licence under Part 5 of the Maritime Area Planning Act 2021;
(g) development consisting of the use of any land or maritime site for the purposes of—
(i) the harvesting of shellfish, or
(ii) activities relating to fishing or aquaculture.
(1B) Development referred to in paragraph paragraph (a), (d), (e) or (g) of subsection (1A) shall not be exempted development if an environmental impact assessment of the development is required.
(1C) Development referred to in paragraph (a), (d), (e) or (g) of subsection (1A) shall not be exempted development if an appropriate assessment of the development is required.]
(2) (a) The Minister may by regulations provide for any class of development to be exempted development for the purposes of this Act where he or she is of the opinion that—
(i) by reason of the size, nature or limited effect on its surroundings, of development belonging to that class, the carrying out of such development would not offend against principles of proper planning and sustainable development, or
(ii) the development is authorised, or is required to be authorised, by or under any enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) where the enactment concerned requires there to be consultation (howsoever described) with members of the public in relation to the proposed development prior to the granting of the authorisation (howsoever described).
(b) Regulations under paragraph (a) may be subject to conditions and be of general application or apply to such area or place as may be specified in the regulations.
(c) Regulations under this subsection may, in particular and without prejudice to the generality of paragraph (a), provide, in the case of structures or other land used for a purpose of any specified class, for the use thereof for any other purpose being exempted development for the purposes of this Act.
(3) A reference in this Act to exempted development shall be construed as a reference to development which is—
(a) any of the developments specified in F53[subsection (1) or (1A)], or
(b) development which, having regard to any regulations under subsection (2), is exempted development for the purposes of this Act.
F50[(4) Notwithstanding paragraphs (a), (i), (ia) and (l) of subsection (1) and any regulations under subsection (2), development shall not be exempted development if an environmental impact assessment or an appropriate assessment of the development is required.
(4A) Notwithstanding subsection (4), the Minister may make regulations prescribing development or any class of development that is—
(a) authorised, or required to be authorised by or under any statute (other than this Act) whether by means of a licence, consent, approval or otherwise, and
(b) as respects which an environmental impact assessment or an appropriate assessment is required,
to be exempted development.]
(5) Before making regulations under this section, the Minister shall consult with any other State authority where he or she or that other State authority considers that any such regulation relates to the functions of that State authority.
Annotations
Amendments:
F45
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 3, S.I. No. 488 of 2022.
F46
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 3, S.I. No. 488 of 2022.
F47
Inserted (15.07.2022) by Institutional Burials Act 2022 (18/2022), s. 97, S.I. No. 356 of 2022.
F48
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 11.
F49
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 12, S.I. No. 214 of 2014.
F50
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 17(a)(i) and (b), S.I. No. 474 of 2011, subject to transitional provision in s. 17(2).
F51
Substituted (8.02.2020) by Planning and Development (Amendment) Act 2018 (16/2018), s. 8, S.I. No. 44 of 2020.
F52
Inserted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 17(a)(iii), S.I. No. 474 of 2011, subject to transitional provision in s. 17(2).
F53
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 3, S.I. No. 488 of 2022.
F54
Inserted (8.03.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 3, S.I. No. 107 of 2023.
Modifications (not altering text):
C26
Certain developments prescribed as exempted developments (22.06.2023) by Remediation of Dwellings Damaged by the use of Defective Concrete Blocks Act 2022 (28/2022), s. 28, S.I. No. 321 of 2023.
Exempted development
28. (1) Subject to subsections (2) and (3), and section 4(4) of the Act of 2000, development consisting of the completion of an approved remediation option shall be exempted development within the meaning of, and for the purposes of, that Act.
(2) The development referred to in subsection (1) shall only be exempted development where, on its completion, it is not inconsistent with, or materially different from, the appearance and character of the relevant dwelling in respect of which the approved remediation option is to be or has been completed.
(3) Where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling and any permission granted in respect of the relevant dwelling under section 34 of the Act of 2000 is subject to conditions under that section, the conditions shall continue to apply to the relevant dwelling.
(4) In this section—
“development” has the meaning it has in the Act of 2000;
“permission” has the meaning it has in the Act of 2000.
C27
Certain developments prescribed as exempted developments (1.05.2007) by Prisons Act 2007 (10/2007), s. 28, S.I. No. 180 of 2007.
Exemptions, etc., relating to development.
28.— (1) A development—
(a) is an exempted development for the purposes of the Planning and Development Acts 2000 to 2006,
(b) is not subject to—
(i) regulations under section 181 of the Planning and Development Act 2000 ,
(ii) the European Communities (Environmental Impact Assessment) Regulations 1989 to 2005,
(iii) the said Acts of 2000 to 2006 in so far as they relate to environmental impact assessments or any regulations under those Acts relating to such assessments, or
(iv) the Building Control Act 1990 and regulations thereunder,
and
(c) subject to subsections (2) and (3), shall not require a consent or licence under the National Monuments Acts 1930 to 2004 (other than a licence under section 25 of the National Monuments Act 1930 ) or any other consent or licence.
C28
Additional developments prescribed as exempted developments by Dublin Transport Authority Act 2008 (15/2008), s. 44(14), as inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 1(b)(iv), commenced on enactment.
Functions of Authority in relation to public transport infrastructure.
44.—(1) In relation to public transport infrastructure in the GDA, the Authority shall have the following functions: ...
[(14) The carrying out by the Authority, on its behalf or at its direction of —
(a) a proposed road development (within the meaning of the Roads Act 1993) that has been approved by An Bord Pleanála under section 51 (as amended by section 9 of the Roads Act 2007) of that Act, or
(b) a proposed development that has been approved by An Bord Pleanála—
(i) under subsection (9) (inserted by section 34(c) of the Planning and Development (Strategic Infrastructure) Act 2006) of section 175 of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section, or
(ii) under subsection (8) of section 177AE (inserted by section 57 of the Planning and Development (Amendment) Act 2010) of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section,
shall be exempted developments for the purposes of the Act of 2000.]
C29
Additional developments specified as exempted developments (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 38, commenced on enactment, as substituted (1.08.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 115(6), S.I. No. 291 of 2008.
Exempted development.
[38.— (1) Each of the following shall be exempted development for the purposes of the Act of 2000:
(a) development consisting of the carrying out of railway works, including the use of the railway works or any part thereof for the purposes of the operation of a railway, authorised by the Board and specified in a railway order or of any incidental or temporary works connected with such development;
(b) development consisting of the carrying out of railway works for the maintenance, improvement or repair of a railway that has been built pursuant to a railway order. ]
Editorial Notes:
E17
Power pursuant to subs. (2) exercised (19.07.2023) by Planning and Development (Exempted Development) (No. 4) Regulations 2023 (S.I. No. 376 of 2023).
E18
Power pursuant to subs. (2) exercised (22.05.2023) by Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2023 (S.I. No. 269 of 2023).
E19
Power pursuant to subs. (2) exercised (22.05.2023) by Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2023 (S.I. No. 246 of 2023).
E20
Power pursuant to subs. (2) exercised (19.05.2023) by Planning and Development Act (Exempted Development) Regulations 2023 (S.I. No. 250 of 2023).
E21
Power pursuant to subs. (4A) exercised (14.12.2022) by Planning and Development Act 2000 (Exempted Development) (Number 5) Regulations 2022 (S.I. No. 664 of 2022), in effect as per reg. 1(3).
E22
Power pursuant to subs. (2) exercised (29.11.2022) by Planning and Development (Exempted Development) (No. 4) Regulations 2022 (S.I. No. 605 of 2022).
E23
Power pursuant to subs. (2) exercised (5.10.2022) by Planning And Development Act 2000 (Exempted Development) (No. 3) Regulations 2022 (S.I. No. 493 of 2022).
E24
Power pursuant to subs. (2) exercised (5.10.2022) by Planning And Development (Solar Safeguarding Zone) Regulations 2022 (S.I. No. 492 of 2022).
E25
Power pursuant to subs. (2) exercised (30.03.2022) by Planning and Development Act 2000 (Exempted Development) (Number 2) Regulations 2022 (S.I. No. 151 of 2022).
E26
Power pursuant to subs. (2) exercised (21.02.2022) by Planning and Development Act (Exempted Development) Regulations 2022 (S.I. No. 75 of 2022).
E27
Power pursuant to subs. (2) exercised (30.04.2021) by Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2021 (S.I. No. 208 of 2021).
E28
Power pursuant to subs. (2) exercised (16.03.2021) by Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2021 (S.I. No. 115 of 2021).
E29
Power pursuant to subs. (2) exercised (16.03.2021) by Planning and Development Act 2000 (Exempted Development) Regulations 2021 (S.I. No. 114 of 2021).
E30
Power pursuant to subs. (2) exercised (13.02.2020) by Planning and Development (Amendment) Regulations 2020 (S.I. No. 46 of 2020).
E31
Power pursuant to subs. (4A) exercised (8.02.2020) by Planning and Development Act 2000 (Exempted Development) Regulations 2020 (S.I. No. 45 of 2020), in effect as per reg. 1(3).
E32
Power pursuant to subs. (2) exercised (1.07.2019) by Planning And Development Act 2000 (Exempted Development) (No. 2) Regulations 2019 (S.I. No. 235 of 2019), in effect as per reg. 1(3).
E33
Power pursuant to subs. (4A) exercised (25.01.2019) by Planning And Development Act 2000 (Exempted Development) Regulations 2019 (S.I. No. 12 of 2019), in effect as per reg. 1(2).
E34
Power pursuant to subs. (2) exercised (8.02.2018) by Planning and Development (Amendment) (No. 3) Regulations 2018 (S.I. No. 31 of 2018).
E35
Power pursuant to subs. (2) exercised (8.02.2018) by Planning and Development (Amendment) (No. 2) Regulations 2018 (S.I. No. 30 of 2018).
E36
Power pursuant to subs. (2) exercised (8.02.2018) by Planning and Development (Amendment) Regulations 2018 (S.I. No. 29 of 2018).
E37
Power pursuant to subs. (2) exercised (17.12.2015) by Planning and Development (Amendment) (No. 4) Regulations 2015 (S.I. No. 582 of 2015).
E38
Power pursuant to section exercised (24.06.2013) by Planning and Development (Amendment) Regulations 2013 (S.I. No. 219 of 2013).
E39
Power pursuant to section exercised (8.09.2011) by Planning and Development (Amendment) (No. 2) Regulations 2011 (S.I. No. 454 of 2011).
E40
Power pursuant to section exercised (10.07.2008) by Planning and Development (Amendment) Regulations 2008 (S.I. No. 256 of 2008).
E41
Power pursuant to section exercised (2.07.2008) by Planning and Development Regulations 2008 (S.I. No. 235 of 2008).
E42
Power pursuant to subs. (2) exercised (28.02.2007) by Planning and Development Regulations 2007 (S.I. No. 83 of 2007).
E43
Power pursuant to section exercised (14.07.2005) by Planning and Development Regulations 2005 (S.I. No. 364 of 2005).
E44
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E45
Previous affecting provision: power pursuant to subs. (2) exercised (7.08.2020 for relevant period to 31.03.2022) by Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2020 (S.I. No. 293 of 2020); Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, Part 3 ceased on expiry of relevant period as per s. 2(3)(b) as amended (10.02.2022) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 1(a), commenced as per s. 5(2).
E46
Previous affecting provision: power pursuant to subs. (2) exercised (27.03.2020 for relevant period to 31.03.2022) by Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2020 (S.I. No. 92 of 2020); Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, Part 3 ceased on expiry of relevant period as per s. 2(3)(b) as amended (10.02.2022) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 1(a), commenced as per s. 5(2).
E47
Previous affecting provision: subs. (1)(aa) inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 11, S.I. No. 214 of 2014; substituted (1.10.2022) as per F-note above.
E48
Previous affecting provision: subs. (1)(ia) inserted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 17(a)(ii), S.I. No. 474 of 2011, subject to transitional provision in s. 17(2); substituted as per F-note above.
E49
Previous affecting provision: similar amendments to those made by 2011 Act made by Planning and Development (Amendment) Act 2010 (30/2010), s. 5, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
Declaration and referral on development and exempted development.
5.—(1) If any question arises as to what, in any particular case, is or is not development or is or is not exempted development within the meaning of this Act, any person may, on payment of the prescribed fee, request in writing from the relevant planning authority a declaration on that question, and that person shall provide to the planning authority any information necessary to enable the authority to make its decision on the matter.
(2) (a) Subject to F55[paragraphs (b) and (ba)], a planning authority shall issue the declaration on the question that has arisen and the main reasons and considerations on which its decision is based to the person who made the request under subsection (1), and, where appropriate, the owner and occupier of the land in question, within 4 weeks of the receipt of the request.
(b) A planning authority may require any person who made a request under subsection (1) to submit further information with regard to the request in order to enable the authority to issue the declaration on the question and, where further information is received under this paragraph, the planning authority shall issue the declaration within 3 weeks of the date of the receipt of the further information.
F56[(ba)(i) Subject to subparagraph (ii), a planning authority shall not be required to comply with paragraph (a) within the period referred to in that paragraph where it appears to the planning authority that it would not be possible or appropriate, because of the exceptional circumstances of the development or proposed development (including in relation to the nature, complexity, location or size of such development) identified in the request under subsection (1) to do so.
(ii) Where subparagraph (i) applies, the planning authority shall, by notice in writing served on—
(I) the person who made the request under subsection (1), and
(II) each person to whom a request has been made under paragraph (c),
before the expiration of the period referred to in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with that paragraph within that period and shall specify the date before which the authority intends that the declaration concerned shall be made.]
(c) A planning authority may also request persons in addition to those referred to in paragraph (b) to submit information in order to enable the authority to issue the declaration on the question.
(3) (a) Where a declaration is issued under this section, any person issued with a declaration under subsection (2)(a) may, on payment to the Board of such fee as may be prescribed, refer a declaration for review by the Board within 4 weeks of the date of the issuing of the declaration.
(b) Without prejudice to subsection (2), in the event that no declaration is issued by the planning authority, any person who made a request under subsection (1) may, on payment to the Board of such fee as may be prescribed, refer the question for decision to the Board within 4 weeks of the date that a declaration was due to be issued under subsection (2).
(4) Notwithstanding subsection (1), a planning authority may, on payment to the Board of such fee as may be prescribed, refer any question as to what, in any particular case, is or is not development or is or is not exempted development to be decided by the Board.
(5) The details of any declaration issued by a planning authority or of a decision by the Board on a referral under this section shall be entered in the register.
(6) (a) The Board shall keep a record of any decision made by it on a referral under this section and the main reasons and considerations on which its decision is based and shall make it available for purchase and inspection.
(b) The Board may charge a specified fee, not exceeding the cost of making the copy, for the purchase of a copy of the record referred to in paragraph (a).
(c) The Board shall, from time to time and at least once a year, forward to each planning authority a copy of the record referred to in paragraph (a).
(d) A copy of the said record shall, at the request of a member of a planning authority, be given to that member by the F57[chief executive] of the planning authority concerned.
(7) A planning authority, before making a declaration under this section, shall consider the record forwarded to it in accordance with subsection (6)(c).
F58[(7A) A planning authority or the Board, as the case may be, shall, in respect of a development or proposed development specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001, specify in its declaration or decision, as the case may be, whether the development or proposed development identified in the request under subsection (1) or in the referral under subsection (3) or (4), as the case may be, would be likely to have significant effects on the environment by virtue, at the least, of the nature, size or location of such development and require an environmental impact assessment.
(7B)(a) Where the planning authority issues its declaration on a request under subsection (1) or the Board makes its decision on a referral under subsection (3) or (4), as the case may be, the following documents shall, within 3 working days, be placed on the planning authority’s or Board’s, as the case may be, website for inspection and be made available for inspection and purchase by members of the public during office hours at the offices of the authority or Board, as the case may be, for at least the minimum period referred to in paragraph (b):
(i) a copy of the question arising as to what is or is not development or is or is not exempted development within the meaning of this Act and any information, particulars, evidence, written study or further information received or obtained from any of the following:
(I) the person making the request or referral, as the case may be;
(II) the owner or occupier of the land in question;
(III) any other person;
(ii) a copy of any submissions or observations in relation to the question arising as to what is or is not development or is or is not exempted development within the meaning of this Act;
(iii) a copy of any report prepared by or for the authority or the Board, as the case may be, in relation to the request or referral;
(iv) a copy of the declaration of the authority or the decision of the Board, as the case may be, in respect of the question identified in the request under subsection (1) or in the referral under subsection (3) or (4), as the case may be.
(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the issue of the declaration by the planning authority or the date of the decision of the Board, as the case may be.
(7C) For the purposes of subsection (7A), the Minister may, by regulations, provide for additional, consequential or supplementary matters as regards procedures in respect of a request under subsection (1) or a referral under subsection (3) or (4), as the case may be, in relation to—
(a) the submission of information to the planning authority or the Board for those purposes,
(b) time limits within which such information shall be so submitted,
(c) notifications to persons concerned with the declaration or decision, as the case may be, referred to in that subsection,
(d) steps to be taken (including matters which must be regarded) in the course of the making of such declaration or decision, or
(e) the publication of such declaration or decision.]
F59[(8)(a) The Minister for Arts, Heritage and the Gaeltacht may apply to the Board under this subsection, without charge, for a determination as to whether an activity requiring the consent of that Minister—
(i) F60[pursuant to a notification under Regulation 4(2) of the European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997) or pursuant to a direction under Regulation 28(1) or 29(1) of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)] or under regulations made under the European Communities Act 1972 for the purpose of giving further effect to the Birds Directive or the Habitats Directive by designating a site as a special area of conservation or as a special protection area, or
(ii) under section 19 of the Wildlife (Amendment) Act 2000,
comprises development which is not exempted development, and the Board shall make such determination as soon as may be and shall inform that Minister of its determination and the reasons for the determination.
(b) An application from the Minister for Arts, Heritage and the Gaeltacht under this subsection shall include the following:
(i) a copy of the application for consent;
(ii) any other relevant information submitted with the application for consent;
(iii) the reasons why that Minister considers that the activity may not be exempted development;
(iv) the opinion of that Minister as to whether an appropriate assessment is required, and the reasons for that opinion;
(v) the opinion of that Minister as to whether the development is likely to have significant effects on a European site or an area designated as a Natural Heritage Area under section 18 of the Wildlife (Amendment) Act 2000 and the reasons for that opinion, having regard to the purposes for which the site was designated.
(c) The Board may seek additional information from—
(i) the applicant for consent, or
(ii) the Minister for Arts, Heritage and the Gaeltacht,
and where this is not provided within the period specified, or any further period as may be specified by the Board, the Board shall not make a determination on the matter and the application of that Minister under this subsection shall be deemed to be withdrawn and the Board shall inform that Minister accordingly.
(d) In paragraph (a)(i) “special area of conservation” and “special protection area” have the same meaning as they have in section 177R.]
Annotations
Amendments:
F55
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 7(a)(i), in effect as per reg. 2(1).
F56
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 7(a)(ii), in effect as per reg. 2(1).
F57
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6 and sch. 2 ref. no. 3, S.I. No. 436 of 2018.
F58
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 7(b), in effect as per reg. 2(1).
F59
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 4.
F60
Substituted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 4.
Modifications (not altering text):
C30
Prospective affecting provision: transitional arrangments on repeal made by Planning and Development Act 2024 (34/2024), s. 12(1), (2) not commenced as of date of revision.
Saver for declarations under section 5 of Act of 2000
12.—(1) A declaration under section 5 of the Act of 2000 made before its repeal by section 6 shall have effect on and after such repeal as if made under section 10.
(2) Notwithstanding the repeal of section 5 of the Act of 2000 effected by section 6, the Act of 2000 shall, subject to Part 17, continue to apply and have effect in relation to a request, application or appeal under that section made before that repeal.
C31
Functions under subs. (8) transferred and references construed (24.06.2021) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Housing, Local Government and Heritage.
(2) References to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Local Government and Heritage.
3. (1) The functions vested in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media–
(a) by or under any of the provisions of the Acts specified in Part 1 of the Schedule,
(b) under the Regulations specified in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Housing, Local Government and Heritage.
(2) References to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Housing, Local Government and Heritage.
...
SCHEDULE
Part 1
...
Sections 5(8), 52(2), 53, 55 and 80 of the Planning and Development Act 2000 (No. 30 of 2000)
...
Editorial Notes:
E50
Previous affecting provision: subs. (8)(a)(i) inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 4, amended as per F-note above.
Power of examination, investigation and survey.
6.—A planning authority and the Board shall each have all such powers of examination, investigation and survey as may be necessary for the performance of their functions in relation to this Act or to any other Act.
Planning register.
7.—(1) A planning authority shall keep a register for the purposes of this Act in respect of all land within its functional area, and shall make all such entries and corrections therein as may be appropriate in accordance with subsection (2), and the other provisions of this Act and the regulations made under this Act.
(2) A planning authority shall enter in the register—
F61[(a) particulars of any application made to it under this Act for permission for development, for retention of development, f2or substitute consent F62[…], or for outline permission for development (including the name and address of the applicant, the date of receipt of the application and brief particulars of the development or retention forming the subject of the application),]
F61[(b) where an F63[environmental impact assessment report, remedial environmental impact assessment report], Natura impact statement or remedial Natura impact statement was submitted in respect of an application, an indication of this fact,
F64[(bb) where applicable—
(i) a screening determination for environmental impact assessment (within the meaning of section 176A(1)) and the reasons therefor, or
(ii) the outcome of screening for appropriate assessment and the reasons therefor,]]
(c) where a development, to which an application relates, comprises or is for the purposes of an activity in respect of which F65[an integrated pollution control licence, an abstraction licence] or a waste management licence is required, or a licence under the Local Government (Water Pollution) Act, 1977, is required in respect of discharges from the development, a statement as to that requirement,
(d) where the development to which the application relates would materially affect a protected structure or is situated in an area declared to be an area of special amenity under section 202, an indication of this fact,
F66[(e) the complete decision of the planning authority in respect of any such application, including any conditions imposed and the date of the decision, together with such further points of detail as are agreed, or deemed to have been agreed, under section 34(5), between the planning authority and the person carrying out the development,]
(f) the complete decision on appeal of the Board in respect of any such application, including any conditions imposed, and the date of the decision,
(g) where the requirements of section 34(6) in regard to the material contravention of the development plan have been complied with, a statement of this fact,
(h) particulars of any declaration made by a planning authority under section 5 or any decision made by the Board on a referral under that section,
(i) particulars of any application made under section 42 to extend the appropriate period of a permission,
(j) particulars of any decision to revoke or modify a permission in accordance with section 44,
(k) particulars under section 45 of any order, of any decision on appeal or of any acquisition notice for compulsory acquisition of land for open space,
(l) particulars of any notice under section 46 requiring removal or alteration of any structure, or requiring discontinuance of any use or the imposition of conditions on the continuance thereof, including the fact of its withdrawal, if appropriate,
(m) particulars of any agreement made under section 47 for the purpose of restricting or regulating the development or use of the land,
(n) particulars of any declaration issued by the planning authority under section 57, including the details of any review of the declaration,
(o) particulars of any declaration issued by the planning authority under section 87, including the details of any review of the declaration,
(p) particulars of any notice under section 88 in respect of land in an area of special planning control, including, where such notice is withdrawn, the fact of its withdrawal,
(q) particulars of any certificate granted under section 97,
(r) particulars of any warning letter issued under section 152, including the date of issue of the letter and the fact of its withdrawal, if appropriate,
(s) the complete decision made under section 153 on whether an enforcement notice should issue, including the date of the decision,
F67[(sa) particulars of any enforcement notice issued under section 177O;]
(t) particulars of any enforcement notice issued under section 154, including the date of the notice and the fact of its withdrawal or that it has been complied with, if appropriate,
F68[(tt) particulars of any development referred to in section 179(4)(b),]
(u) particulars of any statement prepared under section 188 concerning a claim for compensation under this Act,
(v) particulars of any order under section 205 requiring the preservation of any tree or trees, including the fact of any amendment or revocation of the order,
(w) particulars of any agreement under section 206 for the creation of a public right of way over land,
(x) particulars of any public right of way created by order under section 207,
F69[(xa) particulars of any decision of the Board under section 177K, or direction served under section 177J or 177L,]
(y) particulars of any information relating to the operation of a quarry provided in accordance with section 261, and
(z) any other matters as may be prescribed by the Minister.
(3) The planning authority shall make the entries and corrections as soon as may be after the receipt of any application, the making of any decision or agreement or the issue of any letter, notice or statement, as appropriate.
(4) The register shall incorporate a map for enabling a person to trace any entry in the register.
(5) The planning authority may keep the information on the register, including the map incorporated under subsection (4), in a form in which it is capable of being used to make a legible copy or reproduction of any entry in the register.
(6) (a) The register shall be kept at the offices of the planning authority and shall be available for inspection during office hours.
(b) The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of the register.
(7) Every document purporting to be a copy of an entry in a register maintained by a planning authority under this section and purporting to be certified by an officer of the planning authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was such an officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.
(8) Evidence of an entry in a register under this section may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.
(9) Where an application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him or her to the planning authority of the specified fee in respect of each entry.
Annotations
Amendments:
F61
Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 6(a) and (b), S.I. No. 475 of 2011.
F62
Deleted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 4(a), commenced on enactment.
F63
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. 1, in effect as per reg. 2(1).
F64
Substituted (1.01.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 27(a), S.I. No. 588 of 2018.
F65
Substituted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(b), S.I. No. 417 of 2024.
F66
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 9, S.I. No. 436 of 2018.
F67
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 6(c), S.I. No. 475 of 2011.
F68
Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 7, S.I. No. 525 of 2006.
F69
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 4(b), conmenced on enactment.
Modifications (not altering text):
C32
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 382(10), (11), not commenced as of date of revision.
Planning register
382.—(1) Each planning authority and the Maritime Area Regulatory Authority shall maintain a register (in this Act referred to as the “register”)—
(a) in the case of a planning authority, in respect of all land within its functional area, and
(b) in the case of the Maritime Area Regulatory Authority, in respect of the maritime area,
in which it shall enter particulars of a matter required to be entered in the register under this Act (in this section referred to as a “registrable matter”).
…
(10) The maintenance, on and after the repeal of section 7 of the Act of 2000 effected by section 6, by a planning authority of the register kept by that planning authority under the said section 7 shall constitute compliance by that planning authority with subsection (1) of this section, and a reference in this Act to the register shall, in so far as the reference relates to a planning authority, be construed accordingly.
(11) Any information that, but for the repeal of section 7 of the Act of 2000 effected by section 6, would have been required to be entered in the register kept by a planning authority under that section shall be entered in the register by that planning authority.
Editorial Notes:
E51
Previous affecting provision: subs. (2)(xa) inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 6(d), S.I. No. 475 of 2011; substituted (24.07.2022) as per F-note above.
Obligation to give information to local authority.
8.—(1) A local authority may, for any purpose arising in relation to its functions under this Act or any other enactment, by notice in writing require the occupier of any structure or other land or any person receiving, whether for himself or herself or for another, rent out of any structure or other land to state in writing to the authority, within a specified time not less than 2 weeks after being so required, particulars of the estate, interest, or right by virtue of which he or she occupies the structure or other land or receives the rent, as the case may be, and the name and address (so far as they are known to him or her) of every person who to his or her knowledge has any estate or interest in, or right over, or in respect of, the structure or other land.
(2) Every person who is required under this section to state in writing any matter or thing to a local authority and either fails so to state the matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his or her knowledge false or misleading in a material respect, shall be guilty of an offence.
Annotations
Modifications (not altering text):
C33
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 392(3), not commenced as of date of revision.
Obligation to give information to planning authority, Commission or Maritime Area Regulatory Authority
392.— ...
(3) A notice issued under section 8 of the Act of 2000 and not complied with before the repeal of that section by section 6, shall be treated as if it were a notice under this section except where proceedings for an offence under subsection (2) of the said section 8 in relation to the notice were initiated before such repeal.
PART II
Plans and Guidelines
Annotations
Modifications (not altering text):
C34
Prospective affecting provision: transitional arrangemtns on repeal made by Planning and Development Act 2024 (34/2024), s. 69, not commenced as of date of revision.
Notices under section 11 of Act of 2000
69.—Where a notice was given under section 11 of the Act of 2000 of the preparation of a new development plan before the repeal of Part II effected by section 6, that Part shall continue to apply and have effect on and after that repeal in relation to that notice, and any act done consequent upon the giving of that notice, until the making of the development plan concerned, and the development plan so made shall be deemed to have been made under and in accordance with Part 3.
Chapter I
Development Plans
Obligation to make development plan.
9.—(1) Every planning authority shall every 6 years make a development plan.
F70[(1A) Notwithstanding subsection (1), the council of the city of Cork shall make a development plan every 6 years (or such longer period, not exceeding 7 years, as the Minister may specify by order).
(1B) Notwithstanding subsection (1), the council of the county of Cork shall make a development plan every 6 years (or such longer period, not exceeding 7 years, as the Minister may specify by order).]
(2) Subject to subsection (3), a development plan shall relate to the whole functional area of the authority.
F71[(3)(a) A planning authority may, with the agreement of one or more local authorities which are adjoining local authorities, or on the direction of the Minister shall, make a single development plan for its functional area and any environs of that area which form part of any adjoining local authorities.]
(b) Where it is proposed to make a development plan under paragraph (a), the planning authorities concerned shall make whatever arrangements they see fit to prepare the plan including the carrying out of the requirements of this Chapter as a joint function of the authorities concerned (and this Chapter shall be construed accordingly) except that where decisions are reserved to the members of the planning authorities concerned the decisions must be made by the members of each authority concerned subject to any agreement which those authorities may make for the resolution of differences between any such reserved decisions.
(4) In making a development plan in accordance with this Chapter, a planning authority shall have regard to the development plans of adjoining planning authorities and shall co-ordinate the objectives in the development plan with the objectives in the plans of those authorities except where the planning authority considers it to be inappropriate or not feasible to do so.
(5) In making a development plan in accordance with this Chapter, a planning authority shall take into account any significant likely effects the implementation of the plan may have on the area of any adjoining planning authority having regard in particular to any observations or submissions made by the adjoining authority.
F72[(5A) (a) Written observations or submissions received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.
(b) Publication in accordance with paragraph (a)—
(i) does not apply where the planning authority is of the opinion that the observation or submission is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,
(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the observations or submissions concerned,
(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the observations or submissions concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or
(iv) does not apply where the observations or submissions relate to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the observations or submissions relate to matters prescribed by the Minister.]
(6) A development plan shall in so far as is practicable be consistent with such national plans, policies or strategies as the Minister determines relate to proper planning and sustainable development.
F73[(6A) Each planning authority within the GDA shall ensure that its development plan is consistent with the transport strategy of the DTA.]
(7) (a) The Minister may require 2 or more planning authorities to co-ordinate the development plans for their areas generally or in respect of specified matters and in a manner specified by the Minister.
(b) Any dispute between the planning authorities in question arising out of the requirement under paragraph (a) shall be determined by the Minister.
Annotations
Amendments:
F70
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 37(a), S.I. No. 20 of 2019.
F71
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 13, S.I. No. 214 of 2014.
F72
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. no. 1, S.I. No. 436 of 2018.
F73
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 82, S.I. No. 574 of 2009.
Editorial Notes:
E52
Making a development plan is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 69 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
F74[Modification to operation of section 9 of Act of 2000 having regard to Covid-19
9A.—(1) Notwithstanding subsections (1), (1A) and (1B) of section 9 but subject to this section, where a review of a development plan and preparation of a new development plan referred to in paragraph (a), (aa) or (ab) of section 11(1) (as may be modified by section 11(1)(b)) or section 11B, or both as the case may be, was commenced but was not completed before the date of the coming into operation of section 2 of the Planning and Development (Amendment) Act 2021 a planning authority may decide, having regard to the extraordinary circumstances arising from the risk to public health posed by the spread of Covid-19 and the disruption to the completion of the review of the development plan and the preparation of a new development plan caused by restrictions introduced in response to the Covid-19 pandemic, that a further period of up to but not exceeding one year may be necessary and appropriate to complete the review and to prepare and make a new development plan for its functional area.
(2) Notwithstanding subsections (1), (1A) and (1B) of section 9 but subject to this section, where a review of a development plan and preparation of a new development plan referred to in paragraph (a), (aa) or (ab) of section 11(1) (as may be modified by section 11(1)(b)) or section 11B, or both as the case may be, was commenced but was not completed before the date of the coming into operation of section 2 of the Planning and Development (Amendment) Act 2021 the members of a planning authority may, by simple majority, approve a resolution, having regard to the extraordinary circumstances arising from the risk to public health posed by the spread of Covid-19 and the disruption to the completion of the review of the development plan and the preparation of a new development plan caused by restrictions introduced in response to the Covid-19 pandemic, that a further period of up to but not exceeding one year may be necessary and appropriate to complete the review and to prepare and make a new development plan for its functional area and submit that resolution to the chief executive of the planning authority, together with the reasons given by the members of the authority for reaching the resolution.
(3) Notwithstanding subsections (1), (1A) and (1B) of section 9 but subject to this section and section 11D and having made a decision under section 11D(9) to extend the duration of its existing development plan or, where section 11B applies, existing development plans, the members of a planning authority may decide by resolution that a further period is necessary to complete the development plan review and to prepare and make a new development plan.
(4) At any time after making a decision under subsection (3), a planning authority may decide, in accordance with that subsection, that a further period or periods may be necessary in addition to the period specified in the decision, but the cumulative period which the authority may decide is necessary to complete the development plan review and to prepare and make a new development plan shall not exceed one year.
(5) Where a planning authority decides, in accordance with subsection (3), that a further period or periods is or are required to complete the development plan review and to prepare and make a new development plan, the planning authority concerned shall, as soon as may be after making the decision or decisions, as the case may be, notify the Office of the Planning Regulator of its decision or decisions and the planning authority shall provide to the Office of the Planning Regulator an indicative programme for the making of a new development plan within that further period or periods.
(6) In this section, "Covid-19" means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) or any variant of the disease so specified as an infectious disease in those Regulations.
(7) This section shall cease to have effect on 1 January 2024.]
Annotations
Amendments:
F74
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 2, S.I. No. 365 of 2021.
Editorial Notes:
E53
The section heading is taken from the amending section in the absence of one included in the amendment.
Content of development plans.
10.—(1) A development plan shall set out an overall strategy for the proper planning and sustainable development of the area of the development plan and shall consist of a written statement and a plan or plans indicating the development objectives for the area in question.
F75[(1A) The written statement referred to in subsection (1) shall include a core strategy which shows that the development objectives in the development plan are consistent, as far as practicable, with national and regional development objectives set out in the F76[National Planning Framework] and F77[the regional spatial and economic strategy] F78[and with specific planning policy requirements specified in guidelines under subsection (1) of section 28].
(1B) F79[…]
(1C) F79[…]
(1D) The written statement referred to in subsection (1) shall also include a separate statement which shows that the development objectives in the development plan are consistent, as far as practicable, with the conservation and protection of the environment.]
(2) Without prejudice to the generality of subsection (1), a development plan shall include objectives for—
(a) the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space or otherwise, or a mixture of those uses), where and to such extent as the proper planning and sustainable development of the area, in the opinion of the planning authority, requires the uses to be indicated;
F80[(b) the provision or facilitation of the provision of infrastructure including—
(i) transport, energy and communication facilities,
(ii) water supplies and waste water services (regard having been had to the water services strategic plan for the area made in accordance with the Water Services Act 2007),
(iii) waste recovery and disposal facilities (regard having been had to the waste management plan for the area made in accordance with the Waste Management Act 1996), and
(iv) any ancillary facilities or services;]
(c) the conservation and protection of the environment including, in particular, the archaeological and natural heritage and the conservation and protection of European sites and any other sites which may be prescribed for the purposes of this paragraph;
F75[(ca) the encouragement, pursuant to Article 10 of the Habitats Directive, of the management of features of the landscape, such as traditional field boundaries, important for the ecological coherence of the Natura 2000 network and essential for the migration, dispersal and genetic exchange of wild species;
(cb) the promotion of compliance with environmental standards and objectives established—
(i) for bodies of surface water, by the European Communities (Surface Waters) Regulations 2009;
(ii) for groundwater, by the European Communities (Groundwater) Regulations 2010;
which standards and objectives are included in river basin management plans (within the meaning of Regulation 13 of the European Communities (Water Policy) Regulations 2003);]
(d) the integration of the planning and sustainable development of the area with the social, community and cultural requirements of the area and its population;
(e) the preservation of the character of the landscape where, and to the extent that, in the opinion of the planning authority, the proper planning and sustainable development of the area requires it, including the preservation of views and prospects and the amenities of places and features of natural beauty or interest;
(f) the protection of structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest;
(g) the preservation of the character of architectural conservation areas;
F81[(h) the development and renewal of areas, identified having regard to the core strategy, that are in need of regeneration, in order to prevent—
(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,
(ii) urban blight and decay,
(iii) anti-social behaviour, or
(iv) a shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses;]
(i) the provision of accommodation for travellers, and the use of particular areas for that purpose;
(j) the preservation, improvement and extension of amenities and recreational amenities;
(k) the control, having regard to the provisions of the Major Accidents Directive and any regulations, under any enactment, giving effect to that Directive, of—
(i) siting of new establishments,
(ii) modification of existing establishments, and
(iii) development in the vicinity of such establishments,
for the purposes of reducing the risk, or limiting the consequences, of a major accident;
F82[(l) the provision, or facilitation of the provision, of services for the community including, in particular, schools, crèches and other education and childcare facilities;
(m) the protection of the linguistic and cultural heritage of the Gaeltacht including the promotion of Irish as the community language, where there is a Gaeltacht area in the area of the development plan;
(n) the promotion of sustainable settlement and transportation strategies in urban and rural areas including the promotion of measures to—
(i) reduce energy demand in response to the likelihood of increases in energy and other costs due to long-term decline in non-renewable resources,
F83[(ii) reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change, taking account of the local authority climate action plan (within the meaning of section 14B of the Climate Action and Low Carbon Development Act 2015), where such a plan has been made for the area in question;]
(iii) F84[…]
in particular, having regard to location, layout and design of new development;
(o) the preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan, and
(p) landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000.]
F75[(2A) Without prejudice to the generality of subsection (1A), a core strategy shall—
(a) provide relevant information to show that the development plan and the housing strategy are consistent with the F76[National Planning Framework] and F85[the regional spatial and economic strategy] F78[and with the specific planning policy requirements specified in guidelines under subsection (1) of section 28],
(b) take account of any policies of the Minister in relation to national and regional population targets,
(c) in respect of the area in the development plan already zoned for residential use or a mixture of residential and other uses, provide details of—
(i) the size of the area in hectares, and
(ii) the proposed number of housing units to be included in the area,
(d) in respect of the area in the development plan proposed to be zoned for residential use or a mixture of residential and other uses, provide details of—
(i) the size of the area in hectares,
(ii) how the zoning proposals accord with national policy that development of land shall take place on a phased basis,
(e) provide relevant information to show that, in setting out objectives regarding retail development contained in the development plan, the planning authority has had regard to any guidelines that relate to retail development issued by the Minister under section 28,
(f) in respect of the area of the development plan of a county council, set out a settlement hierarchy and provide details of—
(i) whether a city or town referred to in the hierarchy is designated as a gateway or hub for the purposes of the F76[National Planning Framework],
(ii) other towns referred to in the hierarchy,
(iii) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets that apply to towns and cities referred to in the hierarchy,
(iv) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets that apply to the areas or classes of areas not included in the hierarchy,
(v) projected population growth of cities and towns in the hierarchy,
(vi) aggregate projected population, other than population referred to in subparagraph (v), in—
(I) villages and smaller towns with a population of under 1,500 persons, and
(II) open countryside outside of villages and towns,
(vii) relevant roads that have been classified as national primary or secondary roads under section 10 of the Roads Act 1993 and relevant regional and local roads within the meaning of section 2 of that Act,
(viii) relevant inter-urban and commuter rail routes, and
(ix) where appropriate, rural areas in respect of which planning guidelines relating to sustainable rural housing issued by the Minister under section 28 apply,
F86[(g) in respect of the development plan of a city, provide details of—
(i) the city centre concerned,
(ii) the areas designated for significant development during the period of the development plan, particularly areas for which it is intended to prepare a local area plan,
(iii) the availability of public transport within the catchment of residential or commercial development, and
(iv) retail centres in that city,]
F87[(h) in respect of the area of the development plan of a city and county council set out a settlement hierarchy and provide details of matters referred to in paragraph (f) and (g).]
(2B) The information referred to in subparagraphs (vii) to (ix) of paragraph (f) and in paragraph (g) shall also be represented in the core strategy by a diagrammatic map or other such visual representation.
(2C) In subsection (2A)(f) " settlement hierarchy " means a rank given by a planning authority to a city or town in the area of its development plan, with a population that exceeded 1,500 persons in the census of population most recently published before the making by the planning authority of the hierarchy, and given on the basis of—
(a) its designation as a gateway city or town or as a hub town, as the case may be, under the F76[National Planning Framework],
(b) the assessment by the planning authority of—
(i) the proposed function and role of the city or town, which assessment shall be consistent with any F88[regional spatial and economic strategy] in force, and
(ii) the potential for economic and social development of the city or town, which assessment shall be in compliance with policy directives of the Minister issued under section 29, have regard to guidelines issued by the Minister under section 28, or take account of any relevant policies or objectives of the Government, the Minister or any other Minister of the Government, as the case may be. ]
(3) Without prejudice to subsection (2), a development plan may indicate objectives for any of the purposes referred to in the First Schedule.
(4) The Minister may prescribe additional objectives for the purposes of subsection (2) or for the purposes of the First Schedule.
F89[(5) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030-0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a development plan.]
F75[(5A) Where required, a strategic environmental assessment or an appropriate assessment of a draft development plan shall be carried out.]
(6) Where a planning authority proposes to include in a development plan any development objective the responsibility for the effecting of which would fall on another local authority, the planning authority shall not include that objective in the plan except after consultation with the other local authority.
(7) A development plan may indicate that specified development in a particular area will be subject to the making of a local area plan.
(8) There shall be no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) shall remain so zoned in any subsequent development plan.
F75[(9) Nothing in this section shall affect the existence or validity of any public right of way.
(10) No objective included in a development plan under this section shall be construed as affecting the power of a local authority to extinguish a public right of way under section 73 of the Roads Act 1993.]
Annotations
Amendments:
F75
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 7(a), (b)(i), (c), (d) and (e), S.I. No. 477 of 2010.
F76
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. nos. 1-3, S.I. No. 436 of 2018.
F77
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 14, S.I. No. 214 of 2014.
F78
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 10, S.I. No. 436 of 2018.
F79
Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 11, S.I. No. 436 of 2018.
F80
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 114(a), S.I. No. 846 of 2007.
F81
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 28, S.I. No. 364 of 2015.
F82
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 7(b)(ii), S.I. No. 477 of 2010.
F83
Substituted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 19(a), S.I. No. 468 of 2021.
F84
Deleted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 19(b), S.I. No. 468 of 2021.
F85
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 17, S.I. No. 214 of 2014.
F86
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 18, S.I. No. 214 of 2014.
F87
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 18, S.I. No. 214 of 2014.
F88
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 19, S.I. No. 214 of 2014.
F89
Substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 4.
Editorial Notes:
E54
Power pursuant to subs. (5) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).
E55
Power pursuant to subs. (5) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).
E56
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E57
Previous affecting provisions: subss. (1B), (1C) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 15, 16, S.I. No. 214 of 2014; subsections deleted as per F-note above.
Preparation of draft development plan.
11.—F90[(1) (a) Not later than 4 years after the making of a development plan, a planning authority shall, subject to paragraph (b), give notice of its intention to review its existing development plan and to prepare a new development plan for its area.
F91[(aa) Subject to paragraph (b) and notwithstanding paragraph (a), the council of the city of Cork shall, not later than 4 years (or such longer period, not exceeding 5 years, as the Minister may specify by order) after the making of a development plan, give notice of its intention to review its existing development plan and to prepare a new development plan for its area.
(ab) Subject to paragraph (b) and notwithstanding paragraph (a), the council of the county of Cork shall, not later than 4 years (or such longer period, not exceeding 5 years, as the Minister may specify by order) after the making of a development plan, give notice of its intention to review its existing development plan and to prepare a new development plan for its area.]
(b) For the purpose of enabling the incorporation of the National Planning Framework and a regional spatial and economic strategy into a development plan—
(i) where notice of a development plan review to be given in accordance with F92[paragraph (a), (aa) or (ab)] is prior to the making of the relevant regional spatial and economic strategy, then notice of the review shall be deferred until not later than 13 weeks after the relevant regional spatial and economic strategy has been made,
(ii) where a development plan review referred to in F92[paragraph (a), (aa) or (ab)] has commenced and a draft plan has not been submitted to the members of the planning authority concerned in accordance with subsection (5)(a) prior to the making of the relevant regional spatial and economic strategy, then the review process shall be suspended until not later than 13 weeks after the making of the relevant regional spatial and economic strategy,
(iii) where notice of a development plan review to be given in accordance with F92[paragraph (a), (aa) or (ab)] would, but for this subparagraph, be more than the period of 26 weeks after the making of the relevant regional spatial and economic strategy, then each planning authority concerned shall, within that period, either—
(I) give notice of a development plan variation in accordance with section 13, or
(II) give notice of a development plan review.]
F93[(1A) The review of the existing development plan and preparation of a new development plan under this section by the planning authority shall be strategic in nature for the purposes of developing—
(a) the objectives and policies to deliver an overall strategy for the proper planning and sustainable development of the area of the development plan, and
(b) the core strategy,
and shall take account of the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.]
(2) A notice under subsection (1) shall be given to the Minister F94[, the Office of the Planning Regulator], any prescribed authorities, any adjoining planning authorities, the Board, F95[any relevant regional assembly and any local community development committee within the functional area of the local authority] and shall be published in one or more newspapers circulating in the area to which the development plan relates and shall—
(a) state that the planning authority intends to review the existing development plan and to prepare a new development plan,
F96[(b) indicate that submissions or observations regarding objectives and policies to deliver an overall strategy for the proper planning and sustainable development of the area of the development plan may be made in writing to the planning authority within a specified period (which shall not be less than 8 weeks),
(bb) indicate that children, or groups or associations representing the interests of children, are entitled to make submissions or observations under paragraph (b),
(bc) state that the planning authority intends to review the zoning of the area of the development plan for the purposes referred to in subsection (1A)(a) and (b) and indicate that requests or proposals for zoning of particular land for any purpose shall not be considered at this stage.]
(c) indicate the time during which and the place or places where any background papers or draft proposals (if any) regarding the review of the existing plan and the preparation of the new development plan may be inspected.
(3) (a) As soon as may be after giving notice under this section of its intention to review a development plan and to prepare a new development plan, a planning authority shall take whatever additional measures it considers necessary to consult with the general public and other interested bodies.
F97[(b) Without prejudice to the generality of paragraph (a), a planning authority—
(i) shall consult with members of the public in such manner (which shall include the holding of a public meeting or an online public meeting) as it considers appropriate, and invite submissions in writing from members of the public, in relation to a proposed development plan, and
(ii) may invite oral submissions from members of the public in relation to a proposed development plan.]
(c) In addition to paragraphs (a) and (b), a planning authority shall take whatever measures it considers necessary to consult with the providers of energy, telecommunications, transport and any other relevant infrastructure and of education, health, policing and other services in order to ascertain any long-term plans for the provision of the infrastructure and services in the area of the planning authority and the providers shall furnish the necessary information to the planning authority.
F98[(3A) (a) Written submissions or observations received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.
(b) Publication in accordance with paragraph (a)—
(i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,
(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,
(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or
(iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.]
(4) (a) Not later than 16 weeks after giving notice under subsection (1), the F99[chief executive] of a planning authority shall prepare a report on any submissions or observations received under subsection (2) or (3) and the matters arising out of any consultations under subsection (3).
F98[(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following its preparation.]
(b) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section as well as any persons or bodies consulted by the authority,
F96[(ii) summarise the issues raised in the submissions and during the consultations, where appropriate, but shall not refer to a submission relating to a request or proposal for zoning of particular land for any purpose.]
(iii) give the opinion of the F99[chief executive] to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, and
(iv) state the F99[chief executive’s recommendations] on the policies to be included in the draft development plan.
F100[(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31B and outline the recommendations of the F99[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the draft development plan.]
F93[(bc) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F101[regional assembly] in a report prepared in accordance with section 27A (inserted by section 17 of the Act of 2010) and outline the recommendations of the F99[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the draft development plan.]
(c) A report under paragraph (a) shall be submitted to the members of the planning authority, or to a committee of the planning authority, as may be decided by the members of the authority, for their consideration.
(d) Following the consideration of a report under paragraph (c), the members of the planning authority or of the committee, as the case may be, may issue directions to the F99[chief executive] regarding the preparation of the draft development plan, F96[and any such directions shall be strategic in nature, consistent with the draft core strategy, and shall take account of] the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, and the F99[chief executive] shall comply with any such directions.
(e) Directions under paragraph (d) shall be issued not later than 10 weeks after the submission of a report in accordance with paragraph (c).
(f) In issuing directions under paragraph (d), the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates.
(5) (a) The F99[chief executive] shall, not later than 12 weeks following the receipt of any directions under subsection (4)(d), prepare a draft development plan and submit it to the members of the planning authority for their consideration.
(b) The members of a planning authority shall, as soon as may be, consider the draft development plan submitted by the F99[chief executive] in accordance with paragraph (a).
(c) Where the draft development plan has been considered in accordance with paragraph (b), it shall be deemed to be the draft development plan, unless, within 8 weeks of the submission of the draft development plan under paragraph (a), the planning authority, by resolution, amends that draft development plan.
Annotations
Amendments:
F90
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 12, S.I. No. 436 of 2018.
F91
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 37(b), S.I. No. 20 of 2019.
F92
Substituted (15.07.2019) by Local Government Rates and Other Matters Act 2019 (24/2019), s. 24, S.I. No. 355 of 2019.
F93
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 8(a) and (c)(ii), S.I. No. 477 of 2010.
F94
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 1, S.I. No. 133 of 2019, art. 2(b).
F95
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 20, S.I. No. 214 of 2014.
F96
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 8(b), (c)(i) and (iii), S.I. No. 477 of 2010.
F97
Substituted (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 4, commenced on enactment.
F98
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 2, 3, S.I. No. 436 of 2018.
F99
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 4-9, S.I. No. 436 of 2018.
F100
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 83, S.I. No. 574 of 2009.
F101
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 21, S.I. No. 214 of 2014.
Modifications (not altering text):
C35
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 69, not commenced as of date of revision.
Notices under section 11 of Act of 2000
69.—Where a notice was given under section 11 of the Act of 2000 of the preparation of a new development plan before the repeal of Part II effected by section 6, that Part shall continue to apply and have effect on and after that repeal in relation to that notice, and any act done consequent upon the giving of that notice, until the making of the development plan concerned, and the development plan so made shall be deemed to have been made under and in accordance with Part 3.
Editorial Notes:
E58
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E59
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E60
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E61
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E62
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).
E63
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E64
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
F102[Extension of certain development plans and restriction of section 11
11A.—(1) In this section—
"specified planning authority" means—
(a) in respect of its administrative area, a town council, or
(b) in respect of its administrative area, North Tipperary County Council, South Tipperary County Council, Limerick County Council, Limerick City Council, Waterford County Council or Waterford City Council;
"town council" means the town council of a town set out in Part 1 of Schedule 6 to the Local Government Act 2001 and to which section 11(4) of that Act relates.
(2) Except as provided for by section 11B(2), subsection (1) of section 11 shall not apply to a specified planning authority—
(a) where the specified planning authority decides not to review its development plan, or
(b) where a notice of intention to review its development plan has been given by the specified planning authority under that subsection and it decides by virtue of this section not to review, or not to continue to review, that plan,
and, accordingly, the development plan shall continue to have effect until such time as a development plan that includes the administrative area of the specified planning authority is made for the purposes of section 11B.
(3) A decision by a specified planning authority under subsection (2) shall not have effect unless notice of the making of the decision—
(a) is given in writing to the Minister,
(b) where the planning authority is a town council, is given in writing to the council of the county in which the town council is situated, and
(c) is published in a newspaper circulating in the area to which the development plan concerned relates.
(4) A notice of the making of a decision by a specified planning authority under subsection (2) may be published by it on the internet.]
Annotations
Amendments:
F102
Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.
F103[Development plans for new administrative areas to be provided fo
11B.—Where after the passing of the Electoral, Local Government and Planning and Development Act 2013 provision is made by law which has the effect of amalgamating the administrative areas of—
(a) North Tipperary County Council and South Tipperary County Council,
(b) Limerick County Council and Limerick City Council, or
(c) Waterford County Council and Waterford City Council,
then, the council for each of the areas so amalgamated shall be its planning authority and shall, within 12 months of the making of regional planning guidelines that take into account the amalgamation of the administrative areas concerned, commence the preparation of a development plan for its administrative area.
F104[(1A) Where a planning authority to which subsection (1) relates has not commenced the preparation of a development plan in accordance with this section before the initial making of the relevant regional spatial and economic strategy, then the reference in that subsection to "within 12 months of the making of regional planning guidelines that take into account the amalgamation of the administrative areas concerned" shall be read as a reference to "no later than 26 weeks after the making of the initial regional spatial and economic strategy that takes into account the amalgamation of the administrative areas concerned".]
(2) For the purposes of subsection (1) and the preparation of a development plan referred to in that subsection, this Chapter shall have effect—
(a) as if the reference to 6 years in section 9(1) were a reference to not more than 3 years after the making of the regional planning guidelines referred to in subsection (1), and
(b) as if the reference to 4 years in section 11(1) were a reference to within the period of 12 months referred to in subsection (1).
(3) Pending the making, by a planning authority to which subsection (1) relates, of its development plan consequent on the preparation of that plan, the development plans within the planning authority’s administrative area (including any development plan to which section 11C relates) shall continue to apply to the extent provided for by each of those plans.
(4) After the making of a development plan in accordance with this section by a planning authority referred to in subsection (1), the obligation under section 9 to make a development plan every 6 years, together with the prior compliance with the requirements of section 11, shall apply to the authority.]
Annotations
Amendments:
F103
Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.
F104
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 13, S.I. No. 436 of 2018.
F105[Development plans and dissolution of certain planning authorities
11C.—Where after the passing of the Electoral, Local Government and Planning and Development Act 2013 provision is made by law for the dissolution of town councils (being town councils within the meaning of section 11A(1)) then, irrespective of whether or not any relevant decision was made pursuant to section 11A(2)—
(a) the development plan for the administrative area of such a town council (in this section referred to as the "dissolved administrative area") shall continue to have effect to the extent provided for by that plan and be read together with the development plan for the administrative area within which the dissolved administrative area is situated, and
(b) a development plan as so read in accordance with paragraph (a) shall, except where section 11B(2) applies, be reviewed in accordance with the requirements of section 9 as that section applies to the development plan for the administrative area within which the dissolved administrative area is situated.]
Annotations
Amendments:
F105
Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.
F106[Modification to operation of sections 11 and 11B of Act of 2000 having regard to Covid-19
11D.—(1) Notwithstanding paragraphs (a), (aa) and (ab) of subsection (1) of section 11 (as may be modified by section 11(1)(b)) and subsections (2), (3) and (4) of section 11B but subject to subsections (2) to (9), where a planning authority decides in accordance with section 9A(1) or members of the planning authority approve a resolution under section 9A(2) that it may be necessary to extend the period to complete the review of the existing development plan and to prepare a new development plan for its functional area pending the making by a planning authority of its new development plan, the planning authority may decide to extend the duration of the existing development plan for its area for a further period or periods which shall not exceed one year.
(2) Before making a decision under subsection (9), the planning authority shall be satisfied that—
(a) the effect of the proposed extension of the duration of the existing development plan for the area, when considered alone or, as appropriate, in combination with any previous extension of that plan, is not likely to have significant effects on the environment or to have a significant effect on a European site, or both, or
(b) a strategic environmental assessment or an appropriate assessment or both such assessments, as necessary, has or have been carried out in respect of the effect of the proposed extension of the duration of the existing development plan for the area, when considered alone or, as appropriate, in combination with any previous extension of that plan.
(3) Where a planning authority proposes to extend the duration of an existing development plan, it shall—
(a) give notice to the Minister, the Office of the Planning Regulator, the Board, the relevant regional assembly, and where appropriate, to any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan, and
(b) publish notice of the proposed extension of the duration of the existing development plan in one or more newspapers circulating in that area.
(4) A notice under subsection (3) shall—
(a) state that the planning authority proposes to extend the duration of the existing development plan in order to provide a further period of time, the period of time being specified in the notice but not exceeding a period of one year, to complete the development plan review and to prepare and make a new development plan,
(b) state that a copy of any relevant assessment referred to in subsection (2) may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that the copy will be kept for inspection accordingly), and
(c) indicate that a submission or observation with respect to the proposed extension of the duration of the existing development plan made to the planning authority within a specified period which shall be not less than 4 weeks from the date of the notice, will be taken into consideration before a decision is made as to whether or not to extend the duration of the existing development plan.
(5) (a) Not later than 8 weeks after giving notice under subsection (3), the chief executive of a planning authority shall prepare a report on any submissions or observations received under that subsection and shall submit the report to the members of the authority for their consideration.
(b) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under that paragraph.
(c) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section,
(ii) provide a summary of the issues raised in the submissions and observations made in relation to the proposal to extend the duration of the existing development plan in accordance with this section, and
(iii) give the response of the chief executive to the issues raised.
(6) In considering whether to extend the duration of the existing development plan, the members of a planning authority shall be restricted to considering—
(a) the reasons referred to in subsection (1) or (2) of section 9A for considering that a further period may be necessary to complete the development plan review and to prepare and make a new development plan, and
(b) whether the effect of the proposed extension of the duration of the existing development plan, when considered alone or, as appropriate, in combination with any previous extension of that plan, is likely to have—
(i) significant effects on the environment or a significant effect on a European site, or both, or
(ii) adverse effects on the integrity of a European site.
(7) For the purposes of subsection (2)(a), in considering whether or not the extension of the duration of the existing development plan, when considered alone or, as appropriate, in combination with any previous extension of that plan, would have a significant effect on a European site, a planning authority shall carry out a screening for appropriate assessment in accordance with section 177U.
(8) For the purposes of subsection (2)(b), where necessary, a planning authority shall carry out an appropriate assessment in respect of the extension of the duration of the existing development plan, when considered alone or, as appropriate, in combination with any previous extension of that plan, in accordance with Part XAB.
(9) (a) The members of a planning authority shall consider the proposed extension of the duration of the existing development plan and the report of the chief executive under subsection (5).
(b) The members of the authority, having considered the proposed extension of the duration of the existing development plan and the chief executive’s report may decide, by a vote in favour of the resolution by a simple majority of the members of the planning authority concerned present at an ordinary or special meeting, to extend the duration of the existing development plan for a period not exceeding one year.
(10) (a) Where a planning authority extends the duration of the existing development plan under this section, it shall—
(i) publish a notice to this effect in at least one newspaper circulating in its area, and
(ii) notify the Minister, the Office of the Planning Regulator, the Board, the relevant regional assembly, and where appropriate, any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan.
(b) A notice under this subsection shall state that a copy of the development plan as extended is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).
(11) A person shall not question the validity of the extension of the duration of a development plan by reason only that the procedures required by this section were not completed within the time required.
(12) Where the duration of an existing development plan is extended under this section, that development plan shall continue to have effect until a new development plan takes effect under section 12, at which time the existing development plan shall cease to have effect.
(13) Where a planning authority decides under section 9A(3) that a further period or periods is or are necessary to complete the review of the existing development plan and to prepare and make a new development plan, it may make a further decision in accordance with this section to extend the duration of the existing development plan but the cumulative period of any further extension or extensions of the duration of such plan shall not exceed one year.
(14) In this section, a reference to an existing development plan shall include, where section 11B applies, a reference to existing development plans.
(15) This section shall cease to have effect on 1 January 2024.]
Annotations
Amendments:
F106
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 3, S.I. No. 365 of 2021.
Editorial Notes:
E65
The section heading is taken from the amending section in the absence of one included in the amendment.
Making of development plan.
12.—(1) Where the draft development plan has been prepared in accordance with section 11, the planning authority shall within 2 weeks of the period referred to in section 11(5)(c)—
F107[(a) send notice and a copy of the draft development plan to the Minister F108[, the Office of the Planning Regulator], the Board, the relevant regional assembly, the prescribed authorities and any local community development committee in the area, and]
(b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.
(2) A notice under subsection (1) shall state that—
(a) a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and
(b) written submissions or observations with respect to the draft made to the planning authority within the stated period will be taken into consideration before the making of the plan.
F109[(2A) The Minister or the Office of the Planning Regulator may, in relation to a draft development plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate.]
(3) (a) Where the draft includes any provision relating to any addition to or deletion from the record of protected structures, the planning authority shall serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion, including the particulars.
(b) A notice under paragraph (a) shall state—
(i) that a copy of the proposed addition or deletion may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly),
(ii) that written submissions or observations with respect to the proposed addition or deletion made to the planning authority within the stated period will be taken into consideration before the making of the addition or deletion,
(iii) whether or not the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, and
(iv) that, if the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward to that Minister for his or her observations a copy of any submission or observation made under subparagraph (ii) (and any such observations shall be taken into consideration accordingly).
(4) (a) Not later than 22 weeks after giving notice under subsection (1) and, if appropriate, subsection (3), the F110[chief executive] of a planning authority shall prepare a report on any submissions or observations received under subsection (2) or (3) and submit the report to the members of the authority for their consideration.
F111[(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).]
(b) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section,
F112[(ii) provide a summary of—
(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and
(III) the submissions and observations made by any other persons,
in relation to the draft development plan in accordance with this section,]
(iii) give the response of the F110[chief executive] to the issues raised, taking account of any directions of the members of the authority or the committee under section 11(4), the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives of the Government or of any Minister of the Government and, if appropriate, any observations made by the Minister for Arts, Heritage, Gaeltacht and the Islands under subsection (3)(b)(iv).
F109[(ba) A report prepared and submitted in accordance with paragraph (a) shall contain a summary of the observations, submissions and recommendations made by the Office of the Planning Regulator under section 31AM to the planning authority concerned.]
F113[(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31C and outline the recommendations of the F110[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the development plan.]
F114[(bc) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F115[regional assembly] in its written submission prepared in accordance with section 27B (inserted by section 18 of the Act of 2010) and outline the recommendations of the F110[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the development plan.]
(5) (a) The members of a planning authority shall consider the draft plan and the report of the F110[chief executive] under subsection (4).
F114[(aa) Following consideration of the draft plan and the report of the F110[chief executive] under paragraph (a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister made to the authority under this section F109[or from the Office of the Planning Regulator made to that planning authority under section 31AM] or from a F115[regional assembly] made to the authority under section 27B, decides not to comply with any recommendation made in the draft plan and report, it shall so inform F109[the Office of the Planning Regulator and] the Minister or F115[regional assembly], as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.]
(b) The consideration of a draft plan and the F110[chief executive’s report] under paragraph (a) shall be completed within 12 weeks of the submission of the F110[chief executive’s report] to the members of the authority.
(6) Where, following the consideration of the draft development plan and the F110[chief executive’s report], it appears to the members of the authority that the draft should be accepted or amended, subject to subsection (7), they may, by resolution, accept or amend the draft and make the development plan accordingly.
F116[(7) (a) Subject to paragraphs (aa) and (ae) in a case where the proposed amendment would, if made, be a material alteration of the draft concerned, the planning authority shall, not later than 3 weeks after the passing of a resolution under subsection (6), publish notice of the proposed amendment in at least one newspaper circulating in its area and send notice and a copy of the proposed amendment to the Minister, F108[the Office of the Planning Regulator,] the Board and the prescribed authorities.]
F114[(aa) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material alteration of the draft development plan.
(ab) The F110[chief executive], not later than 2 weeks after a determination under paragraph (aa) shall specify such period as he or she considers necessary following the passing of a resolution under subsection (6) as being required to facilitate an assessment referred to in paragraph (aa).
(ac) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (aa) is required, in at least one newspaper circulating in its area.
(ad) The notice referred to in paragraph (ac) shall state—
(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (aa) is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and
(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (aa) and made to the planning authority within a stated period shall be taken into account by the authority before the development plan is made.
(ae) The planning authority shall carry out an assessment referred to in paragraph (aa) of the proposed material alteration of the draft development plan within the period specified by the F110[chief executive].]
F116[(b) A notice under paragraph (a) or (ac) (inserted by section 9 of the Act of 2010)] shall state that—
(i) a copy of the proposed amendment of the draft development plan may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and
(ii) written submissions or observations with respect to the proposed amendment of the draft made to the planning authority within the stated period shall be taken into consideration before the making of any amendment.
(8) (a) Not later than 8 weeks after giving notice under subsection (7), the F110[chief executive] of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration.
F111[(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).]
(b) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section,
F112[(ii) provide a summary of—
(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and
(III) the submissions and observations made by any other persons,
in relation to the draft development plan in accordance with this section,]
(iii) give the response of the F110[chief executive] to the issues raised, taking account of the directions of the members of the authority or the committee under section 11(4), the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
F111[(8A) (a) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.
(b) Publication in accordance with paragraph (a)—
(i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,
(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,
(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or
(iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.]
(9) (a) The members of a planning authority shall consider the amendment and the report of the F110[chief executive] under subsection (8).
(b) The consideration of the amendment and the F110[chief executive’s report] under paragraph (a) shall be completed not later than 6 weeks after the submission of the F110[chief executive’s report] to the members of the authority.
F116[(10) (a) The members of the authority shall, by resolution, having considered the F110[chief executive’s report], make the plan with or without the proposed amendment that would, if made, be a material alteration, except that where they decide to accept the amendment they may do so subject to any modifications to the amendments as they consider appropriate, which may include the making of a further modification to the alteration and paragraph (c) shall apply in relation to any further modification.]
(b) The requirements of subsections (7) to (9) shall not apply in relation to modifications made in accordance with paragraph (a).
F114[(c) A further modification to the alteration—
(i) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site,
(ii) shall not be made where it relates to—
(I) an increase in the area of land zoned for any purpose, or
(II) an addition to or deletion from the record of protected structures.]
(11) In making the development plan under subsection (6) or (10), the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.
(12) (a) Where a planning authority makes a development plan, it shall publish a notice of the making of the plan in at least one newspaper circulating in its area.
(b) A notice under this subsection shall state that a copy of the plan is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).
(c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the development plan to the Minister, F108[the Office of the Planning Regulator,] the prescribed authorities, any adjoining planning authorities, the Board, F117[and any local community development committee] within its area.
(13) As soon as may be after making an addition to or a deletion from the record of protected structures under this section, a planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.
F116[(14) (a) Notwithstanding any other provision of this Part, where a planning authority fails to make a development plan within a period referred to in paragraph (b), the F110[chief executive] shall make the plan provided that so much of the plan as had been agreed by the members of the planning authority shall be included as part of the plan as made by the F110[chief executive].
(b) The period referred to in paragraph (a) is—
(i) not more than 2 years from the giving of notice under section 11(1), or
(ii) where subsection (7)(aa) (inserted by section 9 of the Act of 2010) applies—
(I) not more than 2 years and 4 weeks, or
(II) if appropriate in the circumstances, such longer period than 2 years and 4 weeks as is specified under subsection (7)(ab) (inserted by section 9 of the Act of 2010) by the F110[chief executive] as being required to facilitate an assessment referred to in subsection (7)(aa).]
F118[(14A) During the period beginning on the date on which section 4 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023, notwithstanding the expiration of the period referred to in subsection (14), the chief executive shall not make the development plan under subsection (14)(a) if, in a case where section 9A applies, the planning authority makes the plan during any period extended in accordance with that section 9A.]
(15) When considering the draft development plan, or amendments thereto, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding such plan or amendment.
(16) A person shall not question the validity of the development plan by reason only that the procedures as set out under subsections (3) to (5) of section 11 and F119[subsections (1), (4), (5), (6), (7), (8) and (9)] of this section were not completed within the time required under the relevant subsection.
(17) A development plan made under this section shall have effect F120[6 weeks] from the day that it is made.
F121[(18) In this section "statutory obligations" includes—
(a) in relation to a local authority, the obligation to ensure that the development plan is consistent with—
(i) the national and regional development objectives specified in—
(I) the National Planning Framework, and
(II) the regional spatial and economic strategy, and
(ii) specific planning policy requirements specified in guidelines under subsection (1) of section 28, and
(b) in relation to a local authority that is a coastal planning authority, the obligation to ensure that the development plan is, in addition to being consistent with the obligation referred to in paragraph (a), consistent with the National Marine Planning Framework.]
Annotations
Amendments:
F107
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 22, S.I. No. 214 of 2014.
F108
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 2, 7, 8, S.I. No. 133 of 2019, art. 2(b).
F109
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 14(a), (b)(ii), (c), S.I. No. 436 of 2018.
F110
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 10-23, S.I. No. 436 of 2018.
F111
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 4-6, S.I. No. 436 of 2018.
F112
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 14(b)(i), (d), S.I. No. 436 of 2018.
F113
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 84, S.I. No. 574 of 2009.
F114
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(b)(ii), (c), (d)(ii), (d)(iii) and (e)(ii), S.I. No. 477 of 2010.
F115
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 23, 24, S.I. No. 214 of 2014.
F116
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(a), (b)(i), (d)(i), (e)(i) and (f), S.I. No. 477 of 2010.
F117
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 25, S.I. No. 214 of 2014.
F118
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 4, S.I. No. 365 of 2021.
F119
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 7, commenced on enactment.
F120
Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 9, S.I. No. 133 of 2019, reg. 2(b).
F121
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 4, S.I. No. 488 of 2022.
F122
Inserted by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 4-6, not commenced as of date of revision.
Modifications (not altering text):
C36
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), ss. 68, 242(12), not commenced as of date of revision.
Continuation in force of pre-commencement development plan
68.—(1) Notwithstanding the repeal of section 12 of the Act of 2000 effected by section 6, a development plan made under that section that was in force in respect of the functional area of a planning authority immediately before such repeal shall, subject to subsection (3) and sections 61 and 62, continue in force on and after that repeal—
(a) for the remainder of the period of 6 years from the coming into effect of the development plan concerned, or
(b) until a new development plan has been made under this Chapter in respect of the functional area to which the plan relates,
whichever is the shorter period.
(2) A development plan continued in force under subsection (1) shall have effect as if it were a development plan made under this Chapter.
(3) The Minister may, by order, for the purposes of ensuring the effective operation of this Part, vary for such period as he or she considers appropriate, the period for which a development plan continued in force under subsection (1) is to remain in force.
...
Housing strategy
242.— …
(12) A housing strategy within the meaning of Part V of the Act of 2000 included in a development plan under Part II of that Act and continued in force by virtue of section 68 shall, until the replacement of that development plan in accordance with Part 3, constitute the housing strategy of the planning authority in respect of whose functional area the development plan applies.
C37
Prospective affecting provision: subs. (18) substituted by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 4, not commenced as of date of revision.
F121[(18) In this section "statutory obligations" includes—
(a) in relation to a local authority, the obligation to ensure that the development plan is consistent with—
(i) the national and regional development objectives specified in—
(I) the National Planning Framework, and
(II) the regional spatial and economic strategy, and
(ii) specific planning policy requirements specified in guidelines under subsection (1) of section 28, and
(b) in relation to a local authority that is a coastal planning authority, the obligation to ensure that the development plan is, in addition to being consistent with the obligation referred to in paragraph (a), consistent with the National Marine Planning Framework.]
C38
Prospective affecting provisions: section amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 3-6, not commenced as of date of revision. Note that the minor amendments in sch. 1 ref. nos. 3, 4 are rendered redundant as the provision affected, subs. (4)(b)(ii), has been substituted as per F-note above.
12.— ...
(4) ...
(b) ...
F112[(ii) provide a summary of—
(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
F122[(IA) issues raised by the Office of the Planning Regulator, and]
...]
(5) ...
F114[(aa) Following consideration of the draft plan and the report of the manager under paragraph (a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister F122[, or from the Office of the Planning Regulator,] made to the authority under this section F109[or from the Office of the Planning Regulator made to that planning authority under section 31AM] or from a F115[regional assembly] made to the authority under section 27B, decides not to comply with any recommendation made in the draft plan and report, it shall so inform F109[the Office of the Planning Regulator and] the Minister F122[, the Office of the Planning Regulator] or F115[regional assembly], as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.]
...
C39
Functions transferred and references construed (24.06.2021) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021), art. 3(1)(c), (2), in effect as per art. 1(2).
3. (1) The functions vested in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media–
...
(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies and to make observations to which section 12(3)(b)(iv) of that Act applies, are transferred to the Minister for Housing, Local Government and Heritage.
(2) References to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Housing, Local Government and Heritage.
C40
Functions in relation to making a recommendation to which subs. (3)(b)(iii) applies, and to making observations to which subs. (3)(b)(iv) applies, transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch. Note that name of Department of and Minister for Tourism, Culture and Sport changed to Department of and Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).
2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.
(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.
3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—
(a) by or under any of the Acts mentioned in Part 1 of the Schedule,
(b) under the Regulations mentioned in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Tourism, Culture and Sport.
(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.
...
Schedule Part 1
Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53, 55, 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).
Part 2
Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001);
...
Editorial Notes:
E66
Making a development plan is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 69 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E67
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E68
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E69
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E70
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E71
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).
E72
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E73
Previous affecting provision: subs. (18) inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 14(e), S.I. No. 436 of 2018; substituted (1.10.2022) as per F-note above.
E74
Previous affecting provision: subs. (4)(b)(ii) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(b)(i), S.I. No. 477 of 2010; substituted as per F-note above.
E75
Previous affecting provision: functions and powers in relation to National Monuments (Amendment) Act 1994 (17/1994), ss. 5(5) and 6(2) transferred to Department of and Minister for Arts, Sport and Tourism (10.07.2002) by National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002).
E76
Previous affecting provision: name of Department of and Minister for Arts, Heritage, Gaeltacht and the Islands changed to Department of and Minister for Community, Rural and Gaeltacht Affairs (19.06.2002) by Arts, Heritage, Gaeltacht and The Islands (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 308 of 2002).
E77
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
E78
Previous affecting provision: subs. (1)(a) amended (2.10.2010, 9.10.2001) by Planning and Development (Amendement) Act 2010 (30/2010), s. 9(a), S.I. No. 77 of 2010 and Local Government Act 2001 (37/2001), s. 247(a), S.I. No. 458 of 2001; substituted as per F-note above.
Variation of development plan.
13.—(1) A planning authority may at any time, for stated reasons, decide to make a variation of a development plan which for the time being is in force.
F123[(1A) (a) The members of a planning authority may at any time, for stated reasons, submit a resolution to the manager of the planning authority requesting him or her to prepare a report on a proposal by them to initiate a process to consider the variation of the development plan which for the time being is in force where three quarters of the members of that authority have approved such a resolution.
(b) The manager of a planning authority shall submit a report further to a request under paragraph (a) to the elected members within four weeks of the adoption of the resolution.]
(2) Where a planning authority proposes to make a variation in a development plan, it shall—
F124[(a) send notice and copies of the proposed variation of the development plan F125[to the Minister, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media], F126[the Office of the Planning Regulator,] the Board, the relevant regional assembly, and, where appropriate, to any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan,]
(b) publish notice of the proposed variation of the development plan in one or more newspapers circulating in that area.
(3) A notice under subsection (2) shall state—
(a) the reason or reasons for the proposed variation,
(b) that a copy of the proposed variation may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks (and the copy of the draft variation shall be kept available for inspection accordingly), and
(c) that written submissions or observations with respect to the proposed variation made to the planning authority within the said period will be taken into consideration before the making of the variation.
F127[(3A) The Minister or the Office of the Planning Regulator may, in relation to a proposed variation of a development plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate.]
F128[(3A) (a) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.
(b) Publication in accordance with paragraph (a)—
(i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,
(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,
(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or
(iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.]
(4) (a) Not later than 8 weeks after giving notice under subsection (2)(b), the F129[chief executive] of a planning authority shall prepare a report on any submissions or observations received under that subsection and shall submit the report to the members of the authority for their consideration.
F128[(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).]
(b) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section,
F130[(ii) provide a summary of—
(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and
(III) the submissions and observations made by any other persons,
in relation to the draft development plan in accordance with this section,]
(iii) give the response of the F129[chief executive] to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
F131[(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31D and outline the recommendations of the F129[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the proposed variation.]
F132[(bc) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F133[regional assembly] in its written submission prepared in accordance with section 27C (inserted by section 19 of the Act of 2010) and outline the recommendations of the F129[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the development plan.]
(5) (a) The members of a planning authority shall consider the proposed variation and the report of the F129[chief executive] under subsection (4).
F132[(aa) Following consideration of the proposed variation and the report of the manager under paragraph (a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister F126[, or from the Office of the Planning Regulator,] made to the authority under this section or from a F133[regional assembly] made to the authority under section 27C, decides not to comply with any recommendation made in the proposed variation and report, it shall so inform the Minister F126[, the Office of the Planning Regulator] or F133[regional assembly], as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.]
(b) The consideration of the variation and the F129[chief executive’s report] under paragraph (a) shall be completed not later than 6 weeks after the submission of the F129[chief executive’s report] to the members of the authority.
F134[(6) (a) Subject to paragraphs (aa) and (ae), the members of the authority, having considered the proposed variation and F129[chief executive’s report] may, as they consider appropriate, by resolution, make the variation which would, if made, be a material alteration, with or without further modification or they may refuse to make it and paragraph (c) shall apply in relation to any further modification.
(aa) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed modification that would, if made, be a material alteration of the variation of the development plan.
(ab) The F129[chief executive] shall, not later than 2 weeks after a determination under paragraph (aa), specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph (aa).
(ac) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (aa) is required, in at least one newspaper circulating in its area.
(ad) The notice referred to in paragraph (ac) shall state—
(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (aa) is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and
(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (aa) and made to the planning authority within a stated period shall be taken into account by the authority before the variation of the development plan is made.
(ae) The planning authority shall carry out an assessment referred to in paragraph (aa) of the proposed material alteration of the draft development plan within the period specified by the F129[chief executive].]
(b) The requirements of subsections (2) to (5) shall not apply in relation to modifications made in accordance with paragraph (a).
F132[(c) A further modification to the variation—
(i) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site,
(ii) shall not be made where it refers to—
(I) an increase in the area of land zoned for any purpose, or
(II) an addition to or deletion from the record of protected structures.]
(7) In making a variation under this section, the members of the authority shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.
(8) (a) Where a planning authority makes a variation in a development plan, it shall publish a notice of the making of the variation in at least one newspaper circulating in its area.
(b) A notice under this subsection shall state that a copy of the development plan as varied is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).
F135[(c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the variation F125[to the Minister, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media], F126[the Office of the Planning Regulator,] the Board, the relevant regional assembly and, where appropriate, to the prescribed authorities, any adjoining planning authorities and any local community development committee within its area.]
(9) When considering a variation of a development plan in accordance with this section, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding the variation.
(10) A person shall not question the validity of a variation in a development plan by reason only that the procedures as set out in this section were not completed within the time required.
(11) A variation made to a development plan shall have effect from the day that the variation is made.
F136[(12) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030 - 0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a variation of a development plan.]
F137[(13) An appropriate assessment of a draft variation of a development plan shall be carried out in accordance with Part XAB.]
F138[(14) In this section "statutory obligations" includes—
(a) in relation to a local authority, the obligation to ensure that the development plan is consistent with—
(i) the national and regional development objectives specified in—
(I) the National Planning Framework, and
(II) the regional spatial and economic strategy, and
(ii) specific planning policy requirements specified in guidelines under subsection (1) of section 28, and
(b) in relation to a local authority that is a coastal planning authority, the obligation to ensure that the development plan is, in addition to being consistent with the obligation referred to in paragraph (a), consistent with the National Marine Planning Framework.]
Annotations
Amendments:
F123
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 16, S.I. No. 436 of 2018.
F124
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 26, S.I. No. 214 of 2014.
F125
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 4(a), (b), S.I. No. 279 of 2021.
F126
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 10, 13-15, S.I. No. 133 of 2019, art. 2(b).
F127
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 15(a), (c), S.I. No. 436 of 2018.
F128
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 7, 8, S.I. No. 436 of 2018.
F129
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 24-29, S.I. No. 436 of 2018.
F130
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 15(b), S.I. No. 436 of 2018.
F131
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 85, S.I. No. 574 of 2009.
F132
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(b)(ii), (c) and (d)(ii), S.I. No. 477 of 2010.
F133
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 27, 28, S.I. No. 214 of 2014.
F134
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(a), (b)(i), (d)(i) and (e), S.I. No. 477 of 2010.
F135
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 29, S.I. No. 214 of 2014.
F136
Inserted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 5.
F137
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(f), S.I. No. 475 of 2011.
F138
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 5, S.I. No. 488 of 2022.
Modifications (not altering text):
C41
Prospective affecting provisions: section amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 11, 12, 16, not commenced as of date of revision. Note that the minor amendments in sch. 1 ref. nos. 11, 12 are rendered redundant as the provision affected, subs. (4)(b)(ii), has been substituted as per F-note above. The amendment made by ref. no. 16 cannot be made as the words to be substituted do not exist in subs. (11).
Editorial Notes:
E79
Varying a development plan is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 69 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E80
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E81
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E82
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E83
Power pursuant to subs. (12) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).
E84
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E85
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).
E86
Power pursuant to subs. (12) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).
E87
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E88
Previous affecting provision: subs. (14) inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 15(c), S.I. No. 436 of 2018; substituted (1.10.2022) as per F-note above.
E89
Previous affecting provision: subs. (2)(a) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 18, S.I. No. 474 of 2011; substituted as per F-note above.
E90
Previous affecting provision: subs. (8)(c) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 18, S.I. No. 474 of 2011; substituted as per F-note above.
E91
Previous affecting provision: subs. (2)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(a), S.I. No. 477 of 2010; substituted as per F-note above.
E92
Previous affecting provision: subs. (4)(b)(ii) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(b)(i), S.I. No. 477 of 2010; substituted as per F-note above.
E93
Previous affecting provision: subs. (8)(c) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(e), S.I. No. 477 of 2010; substituted as per F-note above.
E94
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
Public rights of way in development plans.
14.—(1) Where a planning authority proposes to include, for the first time, a provision in a development plan relating to the preservation of a specific public right of way, it shall serve notice (which shall include particulars of the provision and a map indicating the right of way) of its intention to do so on any owner and occupier of the land over which the right of way exists.
(2) A notice served under subsection (1) shall state that—
(a) the planning authority proposes to include a provision in the development plan relating to the preservation of the public right of way,
(b) written submissions or observations regarding the proposal may be made to the planning authority within a stated period of not less than 6 weeks and that the submissions or observations will be taken into consideration by the planning authority, and
(c) where, following consideration of any submissions or observations received under paragraph (b), the planning authority considers that the provision should be adopted, or adopted subject to modifications, a right of appeal to the Circuit Court exists in relation to such provision.
(3) The members of a planning authority, having considered the proposal and any submissions or observations made in respect of it, may, by resolution as they consider appropriate, recommend the inclusion of the provision in the development plan, with or without modifications, or may recommend against its inclusion and any person on whom notice has been served under subsection (1) shall be notified of the recommendation accordingly and a copy of such notice shall be published in at least one newspaper circulating in the area.
(4) Any person who has been notified of the recommendation of the planning authority under subsection (3) may, before the expiration of the 21 days next following the notification, appeal to the Circuit Court against the inclusion in the development plan of the proposed provision, and the Court, if satisfied that no public right of way exists, shall so declare and the provision shall accordingly not be included.
(5) (a) The taking of an appeal under subsection (4) shall not prejudice the making of a development plan under section 12 except in regard to the inclusion of the proposed provision which is before the Court.
(b) Where a development plan has been made under section 12 and the Court, having considered an appeal under subsection (4), decides that the public right of way exists, the proposed provision under this section shall be deemed to be part of the development plan.
(6) Where any existing development plan contains any provision relating to the preservation of a public right of way, the provision may be included in any subsequent development plan without the necessity to comply with this section.
(7) (a) Nothing in this section shall affect the existence or validity of any public right of way which is not included in the development plan.
(b) The inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown.
General duty of planning authority to secure objectives of development plan.
15.—(1) It shall be the duty of a planning authority to take such steps within its powers as may be necessary for securing the objectives of the development plan.
(2) The F139[chief executive] of a planning authority shall, not more than 2 years after the making of a development plan, give a report to the members of the authority on the progress achieved in securing the objectives referred to in subsection (1).
Annotations
Amendments:
F139
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 30, S.I. No. 436 of 2018.
Copies of development plans.
16.—(1) A planning authority shall make available for inspection and purchase by members of the public copies of a development plan and of variations of a development plan and extracts therefrom.
(2) A planning authority shall make available for inspection and purchase by members of the public copies of a report of a F140[chief executive] of a planning authority prepared under sections 11(4), 12(4) and (8) and 13(4) and extracts therefrom.
(3) Copies of the development plan and of variations of a development plan and reports of the F140[chief executive] referred to in subsection (2) and extracts therefrom shall be made available for purchase on payment of a specified fee not exceeding the reasonable cost of making a copy.
Annotations
Amendments:
F140
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 31, 32, S.I. No. 436 of 2018.
Evidence of development plans.
17.—(1) A document purporting to be a copy of a part or all of a development plan and to be certified by an officer of a planning authority as a correct copy shall be evidence of the plan or part, unless the contrary is shown, and it shall not be necessary to prove the signature of the officer or that he or she was in fact such an officer.
(2) Evidence of all or part of a development plan may be given by production of a copy thereof certified in accordance with this subsection and it shall not be necessary to produce the plan itself.
Chapter II
Local Area Plans
Local area plans.
18.—(1) F141[Subject to section 19(2B) (inserted by section 12 of the Act of 2010) a planning authority may at any time], and for any particular area within its functional area, prepare a local area plan in respect of that area.
(2) Two or more planning authorities may co-operate in preparing a local area plan in respect of any area which lies within the combined functional area of the authorities concerned.
(3) (a) When considering an application for permission under section 34, a planning authority, or the Board on appeal, shall have regard to the provisions of any local area plan prepared for the area to which the application relates, and the authority or the Board may also consider any relevant draft local plan which has been prepared but not yet made in accordance with section 20.
(b) When considering an application for permission, a planning authority, or the Board on appeal, shall also have regard to any integrated area plan (within the meaning of the Urban Renewal Act, 1998) for the area to which the application relates.
(4) (a) A local area plan prepared under this section shall indicate the period for which the plan is to remain in force.
(b) A local area plan may remain in force in accordance with paragraph (a) notwithstanding the variation of a development plan or the making of a new development plan affecting the area to which the local area plan relates except that, where any provision of a local area plan conflicts with the provisions of the development plan as varied or the new development plan, the provision of the local area plan shall cease to have any effect.
(5) F141[Subject to section 19(2B) (inserted by section 12 of the Act of 2010) a planning authority may at any time] amend or revoke a local area plan.
(6) A planning authority may enter into an arrangement with any suitably qualified person or local community group for the preparation, or the carrying out of any aspect of the preparation, of a local area plan.
Annotations
Amendments:
F141
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 11, S.I. No. 477 of 2010.
Application and content of local area plans.
19.—(1) (a) A local area plan may be prepared in respect of any area, including a Gaeltacht area, or an existing suburb of an urban area, which the planning authority considers suitable and, in particular, for those areas which require economic, physical and social renewal and for areas likely to be subject to large scale development within the lifetime of the plan.
F142[(b) A local area plan shall be made, except for an area where a development plan of a former town council continues to have effect, in respect of an area which—
(i) is designated as a town in the most recent census of population, other than a town designated as a suburb or environs in that census,
(ii) has a population in excess of 5,000, and
(iii) is situated within the functional area of a planning authority which is a city and county council or a county council.]
F143[(bb) Notwithstanding paragraph (b), a local area plan shall be made in respect of a town with a population that exceeded 1,500 persons (in the census of population most recently published before a planning authority makes its decision under subparagraph (i)) except where—
(i) the planning authority decides to indicate objectives for the area of the town in its development plan under section 10(2), or
(ii) a local area plan has already been made in respect of the area of the town or objectives for that area have already been indicated in the development plan under section 10(2).]
F144[(c) Subject to paragraphs (d) and (e), notwithstanding section 18(5), a planning authority shall send a notice under section 20(3)(a)(i) of a proposal to make, amend or revoke a local area plan and publish a notice of the proposal under section 20(3)(a)(ii) at least every 6 years after the making of the previous local area plan.
(d) Subject to paragraph (e), not more than 5 years after the making of the previous local area plan, a planning authority may, as they consider appropriate, by resolution defer the sending of a notice under section 20(3)(a)(i) and publishing a notice under section 20(3)(a)(ii) for a further period not exceeding 5 years.
(e) No resolution shall be passed by the planning authority until such time as the members of the authority have:
(i) notified the F145[chief executive] of the decision of the authority to defer the sending and publishing of the notices, giving reasons therefor, and
(ii) sought and obtained from the F145[chief executive]—
(I) an opinion that the local area plan remains consistent with the objectives and core strategy of the relevant development plan,
(II) an opinion that the objectives of the local area plan have not been substantially secured, and
(III) confirmation that the sending and publishing of the notices may be deferred and the period for which they may be deferred.
(f) Notification of a resolution under paragraph (d) shall be published by the planning authority in a newspaper circulating in the area of the local area plan not later than 2 weeks after the resolution is passed and notice of the resolution shall be made available for inspection by members of the public during office hours of the planning authority and made available in electronic form including by placing the notice on the authority’s website.]
F146[(2) A local area plan shall be consistent with the objectives of the development plan F143[, its core strategy, and any F147[regional spatial and economic strategy] that apply to the area of the plan] and shall consist of a written statement and a plan or plans which may include—
(a) objectives for the zoning of land for the use solely or primarily of particular areas for particular purposes, or
(b) such other objectives in such detail as may be determined by the planning authority for the proper planning and sustainable development of the area to which it applies, including F143[the objective of development of land on a phased basis and,] detail on community facilities and amenities and on standards for the design of developments and structures.]
F148[(2A) Each planning authority within the GDA shall ensure that its local area plans are consistent with the transport strategy of the DTA.]
F143[(2B) Where any objective of a local area plan is no longer consistent with the objectives of a development plan for the area, the planning authority shall as soon as may be (and in any event not later than one year following the making of the development plan) amend the local area plan so that its objectives are consistent with the objectives of the development plan.]
(3) The Minister may provide in regulations that local area plans shall be prepared in respect of certain classes of areas or in certain circumstances and a planning authority shall comply with any such regulations.
F149[(4) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030 - 0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a local area plan.]
F150[(5) An appropriate assessment of a draft local area plan shall be carried out in accordance with Part XAB.
(6) There shall be no presumption in law that any land zoned in a particular local area plan shall remain so zoned in any subsequent local area plan.]
Annotations
Amendments:
F142
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 30, S.I. No. 214 of 2014.
F143
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(a)(ii), (b) and (c), S.I. No. 477 of 2010.
F144
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(a)(i) and (iii), S.I. No. 477 of 2010.
F145
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 33, S.I. No. 436 of 2018.
F146
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 8, commenced on enactment.
F147
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 31, S.I. No. 214 of 2014.
F148
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 86, S.I. No. 574 of 2009.
F149
Substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 6.
F150
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(d), S.I. No. 475 of 2011.
Editorial Notes:
E95
Power pursuant to subs. (4) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).
E96
Power pursuant to subs. (4) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).
Consultation and adoption of local area plans.
20.—(1) A planning authority shall take whatever steps it considers necessary to F151[consult the Minister F152[, the Office of the Planning Regulator] and the public before] preparing, amending or revoking a local area plan including consultations with any local residents, public sector agencies, non-governmental agencies, local community groups and commercial and business interests within the area.
F153[(1A) The Minister or the Office of the Planning Regulator may, in relation to a local area plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate.]
(2) A planning authority shall consult údarás na Gaeltachta before making, amending or revoking a local area plan under subsection (3) for an area which includes a Gaeltacht area.
(3) (a) The planning authority shall, as soon as may be after consideration of any matters arising out of consultations under subsections (1) or (2) but before making, amending or revoking a local area plan—
(i) send notice of the proposal to make, amend or revoke a local area F151[plan to the Minister, F152[the Office of the Planning Regulator,] the Board] and to the prescribed authorities (and, where applicable, it shall enclose a copy of the proposed plan or amended plan),
(ii) publish a notice of the proposal in one or more newspapers circulating in its area.
(b) A notice under paragraph (a) shall state—
(i) that the planning authority proposes to make, amend or revoke a local area plan,
(ii) that a copy of the proposal to make, amend or revoke the local area plan and (where appropriate) the proposed local area plan, or proposed amended plan, may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not less than 6 weeks),
(iii) that submissions or observations in respect of the proposal made to the planning authority during such period will be taken into consideration in deciding upon the proposal.
F154[(iv) that children, or groups or associations representing the interests of children, are entitled to make submissions or observations under subparagraph (iii).]
(c) (i) Not later than 12 weeks after giving notice under paragraph (b), the F155[chief executive] of a planning authority shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and shall submit the report to the members of the planning authority for their consideration.
F156[(ia) A chief executive’s report prepared for the purposes of subparagraph (i) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under subparagraph (i).]
(ii) A report under subparagraph (i) shall—
(I) list the persons who made submissions or observations,
F157[(II) provide a summary of—
(A) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
(B) the recommendations, submissions and observations made by the Office of the Planning Regulator, and
(C) the submissions and observations made by any other persons,
in relation to the draft local area plan in accordance with this section,]
(III) contain the opinion of the F155[chief executive] in relation to the issues raised, and his or her recommendations in relation to the proposed local area plan, amendment to a local area plan or revocation of a local area plan, as the case may be, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
F158[(cc) In the case of each planning authority within the GDA, a report under subparagraph (c)(i) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31E and outline the recommendations of the F155[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the proposed local area plan.]
F159[(d) (i) The members of a planning authority shall consider the proposal to make, amend or revoke a local area plan and the report of the F155[chief executive] under paragraph (c).
(ii) Following consideration of the manager’s report under subparagraph (i), the local area plan shall be deemed to be made, amended or revoked, as appropriate, in accordance with the recommendations of the F155[chief executive] as set out in his or her report, 6 weeks after the furnishing of the report to all the members of the authority, unless the planning authority, by resolution—
F151[(I) subject to paragraphs (e) to (r), decides to make or amend the plan otherwise than as recommended in the F155[chief executive’s report], or]
(II) decides not to make, amend or revoke, as the case may be, the plan.
F151[(e) Where, following consideration of the F155[chief executive’s report], it appears to the members of the authority that the draft local area plan should be altered, and the proposed alteration would, if made be a material alteration of the draft local area plan concerned, subject to paragraphs (f) and (j), the planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (d)(ii) (inserted by section 9 of the Act of 2002), publish notice of the proposed material alteration in one or more newspapers circulating in its area, and send notice of the proposed material alteration to the Minister, F152[the Office of the Planning Regulator,] the Board and the prescribed authorities (enclosing where the authority considers it appropriate a copy of the proposed material alteration).
(f) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material alteration of the draft local area plan.
(g) The F155[chief executive] shall, not later than 2 weeks after a determination under paragraph (f) specify such period as he or she considers necessary following the passing of a resolution under paragraph (d)(ii) as being required to facilitate an assessment referred to in paragraph (f).
(h) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (f) is required, in at least one newspaper circulating in its area.
(i) The planning authority shall cause an assessment referred to in paragraph (f) to be carried out of the proposed alteration of the local area plan within the period specified by the F155[chief executive].
(j) A notice under paragraph (e) or (h) as the case may be shall state that—
(i) a copy of the proposed material alteration of the draft local area plan may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and
(ii) written submissions or observations with respect to the proposed material alteration of the draft local area plan may be made to the planning authority within the stated period and shall be taken into consideration before the making of any material alteration.
F156[(ja) (i) Written submissions or observations received by a planning authority under this subsection shall, subject to subparagraph (ii), be published on the website of the authority within 10 working days of its receipt by that authority.
(ii) Publication in accordance with subparagraph (i)—
(I) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,
(II) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in subparagraph (i), legal advice to the effect that it should not publish under that subparagraph or should cease to so publish, as the case may be, the submission or observation concerned,
(III) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in subparagraph (i), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or
(IV) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.]
(k) Not later than 8 weeks after publishing a notice under paragraph (e) or (h) as the case may be, or such period as may be specified by the F155[chief executive] under paragraph (g), the F155[chief executive] shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and submit the report to the members of the authority for their consideration.
F156[(ka) A chief executive’s report prepared for the purposes of paragraph (k) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (k).]
(l) A report under paragraph (k) shall—
(i) list the persons who made submissions or observations under paragraph (j)(ii),
F157[(ii) provide a summary of—
(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and
(III) the submissions and observations made by any other persons,
in relation to the draft local area plan in accordance with this section,]
(iii) contain the opinion of the F155[chief executive] in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration to the draft local area plan, including any change to the proposed material alteration as he or she considers appropriate, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
(m) The members of the authority shall consider the proposed material alteration of the draft local area plan and the report of the F155[chief executive] under paragraph (k).
(n) Following consideration of the F155[chief executive’s report] under paragraph (m), the local area plan shall be made or amended as appropriate by the planning authority by resolution no later than a period of 6 weeks after the report has been furnished to all the members of the authority with all, some or none of the material alterations as published in accordance with paragraph (e) or (h) as the case may be.
(o) Where the planning authority decides to make or amend the local area plan or change the material alteration of the plan by resolution as provided in paragraph (n)—
(i) paragraph (p) shall apply in relation to the making of the resolution, and
(ii) paragraph (q) shall apply in relation to any change to the material alteration proposed.
(p) It shall be necessary for the passing of the resolution referred to in paragraph (n) that it shall be passed by not less than half of the members of the planning authority and the requirements of this paragraph are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution.
(q) A further modification to the material alteration—
(i) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site,
(ii) shall not be made where it refers to—
(I) an increase in the area of land zoned for any purpose, or
(II) an addition to or deletion from the record of protected structures.
(r) When performing their functions under this subsection, the members of the planning authority shall be restricted to considering the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.]]
(4) The Minister may make regulations or issue guidelines in relation to the preparation of local area plans.
F154[(4A) A local area plan made under this section shall have effect F160[6 weeks] from the day that it is made.]
(5) A planning authority shall send a copy of any local area plan made under this Chapter to any bodies consulted under subsection (1), (2) or (3), the Board and, where appropriate, any prescribed body.
F153[(5) In this section "statutory obligations" includes, in relation to a local authority, the obligation to ensure that the local area plan is consistent with—
(a) the objectives of the development plan,
(b) the national and regional development objectives specified in—
(i) the National Planning Framework, and
(ii) the regional spatial and economic strategy,
and
(c) specific planning policy requirements specified in guidelines under subsection (1) of section 28.]
Annotations
Amendments:
F151
Substituted and inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 13(a), (b)(i), (iii) and (iv), S.I. No. 477 of 2010.
F152
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 17-19, S.I. No. 133 of 2019, art. 2(b).
F153
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 17(a), (c), S.I. No. 436 of 2018.
F154
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 13(b)(ii) and (c), S.I. No. 477 of 2010.
F155
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 34-42, S.I. No. 436 of 2018.
F156
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 9-11, S.I. No. 436 of 2018.
F157
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 17(b)(i), (ii), S.I. No. 436 of 2018.
F158
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 87, S.I. No. 574 of 2009.
F159
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 9, commenced on enactment.
F160
Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 20, S.I. No. 133 of 2019, art. 2(b).
Modifications (not altering text):
C42
Prospective affecting provision: transitional arrangments on repeal made by Planning and Development Act 2024 (34/2024), s. 81, not commenced as of date of revision.
Continuation in force of pre-commencement local area plans
81.—(1) Notwithstanding the repeal of section 20 of the Act of 2000 effected by section 6, a local area plan made under that section that was in force in respect of any particular area within the functional area of a planning authority immediately before such repeal shall continue in force on and after that repeal—
(a) for the remainder of the period stated in the plan for which it is to remain in force, or
(b) until a new development plan has been made under Chapter 5 in respect of the functional area to which the plan relates,
whichever is the shorter period.
(2) The members of a planning authority may, by resolution for the purposes of ensuring the effective operation of this Part, extend for such period as they consider appropriate, the period for which a local area plan continued in force under subsection (1) is to remain in force provided that a new development plan has not been made under Chapter 5 in respect of the functional area to which the plan relates.
...
Editorial Notes:
E97
Making a decision in relation to the making, amendment or revocation of a local area plan 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 item 12 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E98
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E99
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E100
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E101
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).
E102
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E103
Previous affecting provision: subs. (3)(d)(ii)(I) substituted and subs. (3)(e)-(i) inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 9, commenced on enactment; substituted as per F-note above.
E104
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
F161[Chapter IIA
National Planning Framework]
Annotations
Amendments:
F161
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(1), S.I. No. 436 of 2018.
F162[National Planning Framework
20A.—The National Spatial Strategy, as amended having regard to the provisions of this Chapter including any document published by the Government which amends or replaces that Strategy or such subsequent document, shall be known as the National Planning Framework.]
Annotations
Amendments:
F162
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(1), S.I. No. 436 of 2018.
Modifications (not altering text):
C43
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 21(6), not commenced as of date of revision.
National Planning Framework
21.—(1) The Government shall prepare and publish a document to be known as the National Planning Framework.
…
(6) Notwithstanding subsections (2) and (3) and the repeal of section 20A of the Act of 2000 effected by section 6, the National Planning Framework under that section that was in force immediately before such repeal shall—
(a) continue in force for the period that it would have continued in force but for such repeal,
(b) be deemed to be the first National Planning Framework made under subsection (1), and
(c) be reviewed in accordance with section 22.
F163[Objective of National Planning Framework
20B.—The objectives of the National Planning Framework are—
(a) to establish a broad national plan for the Government in relation to the strategic planning and sustainable development of urban and rural areas,
(b) to secure balanced regional development by maximising the potential of the regions, and support proper planning and sustainable development, and
(c) to secure the co-ordination of regional spatial and economic strategies and city and county development plans.]
Annotations
Amendments:
F163
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(1), S.I. No. 436 of 2018.
F164[Matters to be addressed in National Planning Framework
20C.—(1) Any document, published after the commencement of this Chapter, that amends or replaces the National Spatial Strategy or thereafter revises or replaces the National Planning Framework shall address the matters set out in subsection (2)—
(a) for the purposes of the objectives of the National Planning Framework, and
(b) in respect of a period that is not less than 10 years nor more than 20 years after such publication or in any revision or replacement of the National Planning Framework.
(2) The matters referred to in subsection (1) are as follows:
(a) the identification of nationally strategic development requirements as respects cities, towns and rural areas in relation to employment, future population change, and associated housing and commercial development requirements;
(b) the indication of national infrastructure priorities to address the strategic development requirements referred to in paragraph (a) as regards transportation (including public transportation), water services, waste management, energy and communications networks and the provision of educational, health care, retail, cultural and recreational facilities;
(c) the promotion of co-ordination of development between the terrestrial and marine sectors, having regard to Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning4, and of any measures taken by the State to give effect to that Directive;
(d) the conservation of the environment and its amenities, including the landscape and archaeological, architectural and natural heritage;
(e) the promotion of sustainable settlement and transportation strategies in urban and rural areas including the promotion of measures to reduce anthropogenic greenhouse gas emissions and to address the necessity of adaptation to climate change;
(f) the documents to which subsection (3) relates.
(3) The National Planning Framework shall—
(a) have regard to the document entitled “EDSP - European Spatial Development Perspective Towards Balanced and Sustainable Development of the Territory of the European Union” which was adopted on 11 May 1999 at Potsdam at the close of an Informal Council of EU Ministers responsible for spatial planning in Member States at Potsdam, 10 and 11 May 1999, and
(b) shall take account of the provisions of the Regional Development Strategy 2035 published by the Northern Ireland Department for Regional Development and any document that amends or replaces a document to which this paragraph relates.
(4) The Government shall prepare and publish the National Planning Framework and keep its implementation under review.
(5) Every 6 years after the date of publication of the National Planning Framework, the Government shall either—
(a) revise the Framework or replace it with a new one, or
(b) publish a statement explaining why the Government has decided not to revise the Framework and include in the statement an indication of a date by which it will be revised or a new National Planning Framework will be published.
(6) Provision shall be made by the Minister for public consultation in the preparation of a new or revised National Planning Framework including arrangements for consultation with—
(a) regional assemblies,
(b) local authorities,
(c) the Board,
(d) bodies prescribed under planning regulations for the purposes of public consultation on plan-making, and
(e) the Northern Ireland Department for Regional Development, where that Department agrees to such consultation being undertaken with it.
(7) The preparation of the National Planning Framework shall be subject to the provisions of relevant EU Environmental Directives including the Strategic Environmental Assessment (SEA) and Habitats (Appropriate Assessment) Directive.
(8) The Government shall submit the draft of the revised or new National Planning Framework, together with the Environmental Report and Appropriate Assessment Report for the approval of each House of the Oireachtas before it is published.
(9) In preparing or revising the National Planning Framework, the Government shall have regard to any resolution or report of, or of any committee of, the Oireachtas that is made, during the period for consideration, as regards the proposed strategy or, as the case may be, the Framework as proposed to be revised.]
Annotations
Amendments:
F164
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(1), S.I. No. 436 of 2018.
F165[Chapter III
Regional Spatial and Economic Strategy]
Annotations
Amendments:
F165
Chapter substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
Annotations
Editorial Notes:
E105
Functions and powers of a regional assembly under Chapter specified (1.01.2015) by Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 (S.I. No. 573 of 2014), arts. 20-40, in effect as per art. 3.
F166[Power to make regional spatial and economic strategy
21.—(1) A regional assembly—
(a) may make a regional spatial and economic strategy—
(i) after consultation with the planning authorities within its region, or
(ii) in the case of the regional assemblies in respect of the GDA, after consultation with the planning authorities within their regions and the NTA,
or
(b) shall make a regional spatial and economic strategy, at the direction of the Minister.
(2) A regional spatial and economic strategy may be made for a whole region or for one or more parts of a region, but where there are regional assemblies in respect of the GDA shall, in the case of the GDA, be made jointly by such regional assemblies.
(3) (a) The Minister may direct one or more regional assemblies to make a regional spatial and economic strategy in respect of the combined area of the regional assemblies involved or in respect of any particular part or parts of the area which lie within the area of those regional assemblies.
(b) Where it is proposed to make a regional spatial and economic strategy pursuant to a direction under paragraph (a), the regional assemblies concerned shall make whatever arrangements they see fit to prepare such strategy, including the carrying out of their functions under this Chapter as a joint function of the assemblies concerned, and this Chapter shall be construed accordingly.
(4) Notwithstanding any other provision of this Act, the regional planning guidelines prepared by a dissolved regional authority and published in respect of the period 2010 to 2022, shall continue to have effect as if made under this Part until a regional spatial and economic strategy is prepared and adopted by the regional assembly concerned.
(5) The Minister may make regulations concerning the making of regional spatial and economic strategies and related matters.]
Annotations
Amendments:
F166
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
Modifications (not altering text):
C44
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 41, not commenced as of date of revision.
Continuation in force of pre-commencement regional spatial and economic strategies
41.—(1) Notwithstanding the repeal of section 21 of the Act of 2000 effected by section 6, any regional spatial and economic strategy made under that section that was in force in respect of the region of a regional assembly immediately before such repeal shall, subject to subsection (3) and sections 36 and 37, continue in force on and after that repeal—
(2) A regional spatial and economic strategy continued in force under subsection (1) shall have effect as it if were a regional spatial and economic strategy made under this Chapter.
(3) The Minister may, by order, for the purposes of ensuring the effective operation of this Part and subject to subsection (4) of section 40, vary for such period as he or she considers appropriate, the period for which a regional spatial and economic strategy continued in force under subsection (1) is to remain in force.
...
Editorial Notes:
E106
Power pursuant to section exercised (25.03.2009) by Planning and Development (Regional Planning Guidelines) Regulations 2009 (S.I. No. 100 of 2009).
E107
Power pursuant to section exercised (1.05.2003) by Planning and Development (Regional Planning Guidelines) Regulations 2003 (S.I. No. 175 of 2003).
E108
Previous affecting provision: subss.(1) and (2) substituted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 88, S.I. No. 574 of 2009; substituted as per F-note above.
F167[Co-operation of planning authorities with regional assembly
22.—(1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24, or to review an existing strategy under section 26, it shall, as soon as may be, consult with all the planning authorities within the region (or part thereof, as the case may be) in order to make the necessary arrangements for making the strategy.
(2) (a) A planning authority shall assist and co-operate with a regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.
(b) The provision of assistance under paragraph (a) shall include the provision of financial assistance, the services of staff and the provision of accommodation, where necessary, and the regional assembly and planning authorities concerned shall agree on the provision of such assistance based on the proportion of the population of the area for which the regional spatial and economic strategies are prepared who are resident in the functional areas of the planning authorities concerned.
(c) In the absence of agreement under paragraph (b), a regional assembly may request the relevant planning authorities to provide assistance under this section, and the request shall be based on the proportion of the population of the area for which the regional spatial and economic strategies is prepared resident in the functional areas of the planning authorities concerned, and a planning authority shall not refuse a reasonable request for assistance.]
Annotations
Amendments:
F167
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F168[Co-operation of public bodies with regional assemblies
22A.—(1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24, or to review an existing strategy under section 26, it shall, as soon as may be, consult with—
(a) each public body, and
(b) any body or bodies under the aegis of a public body in respect of which, in the opinion of the regional assembly, consultation with is of relevance for the purpose of making the regional spatial and economic strategy or reviewing an existing strategy.
(2) The public body shall assist and co-operate as far as practicable with the regional assembly in the preparation of the strategy and thereafter supporting its implementation.
(3) Each public body shall consult with the regional assemblies, as appropriate, when preparing its own strategies, plans and programmes and so as to ensure that they are consistent, as far as practicable, with national and regional objectives set out in the F169[National Planning Framework] and regional spatial and economic strategies.
(4) Where the Minister is of the opinion that consultation between a regional assembly and a body under the aegis of a public body would be of relevance—
(a) for the purpose of making, by the regional assembly, of the regional spatial and economic strategy or reviewing an existing strategy, or
(b) for the purpose of subsection (3), were the body a public body,
then the Minister may so declare such body to be a public body for the purposes of consultation under this section and regulations may be made either generally or in respect of one or more than one regional assembly.
(5) In this section "public body" means—
(a) the Minister,
(b) the Minister for Finance,
(c) the Minister for Public Expenditure and Reform,
(d) the Minister for Jobs, Enterprise and Innovation,
(e) the Minister for Communications, Energy and Natural Resources,
(f) the Minister for Agriculture, Food and the Marine,
(g) the Minister for Transport, Tourism and Sport,
(h) the Minister for Health,
(i) the Minister for Education and Skills,
(j) the Minister for Foreign Affairs and Trade,
(k) a body under the aegis of a public body (including a public body pursuant to this paragraph) to which subsection (4) relates.]
Annotations
Amendments:
F168
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F169
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. no. 4, S.I. No. 436 of 2018.
F170[Content and objectives of regional spatial and economic strategy
23.—(1) (a) The objective of regional spatial and economic strategies shall be to support the implementation of the F171[National Planning Framework] and the economic policies and objectives of the Government by providing a long-term strategic planning and economic framework for the development of the region for which the strategies are prepared which shall be consistent with the F171[National Planning Framework] and the economic policies or objectives of the Government.
(b) The planning and economic framework referred to in paragraph (a) shall consider the future development of the region for which the strategy is prepared for a period of not less than 12 years and not more than 20 years.
(2) The regional spatial and economic strategy shall, for the whole of the region to which the strategy relates and in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government, address the following matters:
(a) any policies or objectives for the time being of the Government or any Minister of the Government, or any policies contained in the F171[National Planning Framework] in relation to national and regional population targets;
(b) in respect of regional economic strategy—
(i) enabling the conditions for creating and sustaining jobs,
(ii) enhancing overall regional economic performance by identifying regional strengths and opportunities having regard to economic and employment trends and the means of maintaining and augmenting regional economic performance,
(iii) proposals for augmenting the economic performance of the region across all relevant economic sectors including, in particular, the foreign direct investment, indigenous industry, small and medium enterprise, tourism, agriculture, forestry, marine and other natural resource sectors,
iv) enhancing regional innovation capacity, including investment in research and development capacity, technology transfer between third level education and enterprise, and up-skilling and re-skilling,
(v) identifying the regional attributes that are essential to enhancing regional economic performance, including—
(I) the quality of the environment,
(II) the qualities of cities, towns and rural areas,
(III) the physical infrastructure, and
(IV) the social, community and cultural facilities,
and
(vi) proposals to maintain or augment, or both, the attributes referred to in subparagraph (v) in such manner as will be implemented under the strategy through the activities of relevant public bodies, private sector investment and the community;
(c) in respect of regional spatial strategy and taking account of the economic dimension of the strategy—
(i) the location of employment, industrial and commercial development,
(ii) the location of retail development,
(iii) the location of housing,
(iv) the provision of transportation, including public transportation, water services, energy and communications networks and waste management facilities,
(v) the provision of educational, healthcare, sports and community facilities,
(vi) the preservation and protection of the environment and its amenities, including the archaeological, architectural and natural heritage,
(vii) landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000, and
(viii) the promotion of sustainable settlement and transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change;
(d) in respect of the evaluation and reporting of the regional spatial and economic strategy, the monitoring and reporting arrangements required to measure progress in addressing the matters referred to in this subsection.
(3) In preparing its regional spatial and economic strategy a regional assembly shall—
(a) ensure that the strategy is, in particular, consistent with—
(i) this Chapter and any regulations made under it,
(ii) national economic policy as set out in relevant government strategies,
(iii) national planning policy as set out in the F171[National Planning Framework],
F172[(iiia) the National Marine Planning Framework, in circumstances where the strategy is likely to affect the maritime area,]
(iv) any relevant directives, policies or guidelines issued by the Minister under the Planning and Development Acts 2000 to 2014,
(v) any direction by the Minister in respect of such programmes, policies and guidelines of any Minister of the Government (including the Minister) requiring a regional assembly to have regard to, and
(vi) the relevant plans and strategies of public bodies to which section 22A relates and of any other body prescribed by the Minister for the purposes of this section,
(b) consult with the public bodies to which section 22A relates in such manner and to such extent as the Minister may direct in writing, and
(c) co-ordinate the development of its regional spatial and economic strategy in a manner that is, to the greatest extent possible, consistent with the policies of the public bodies to which section 22A relates.
(4) Where the Minister is of the opinion that the adoption of any provision of a draft regional spatial and economic strategy would be inconsistent with Government policy, then the Minister may, after consultation with such other Minister of the Government (if any) as the Minister considers necessary in the circumstances, direct a regional assembly not to adopt the draft strategy with those provisions in it or incorporate appropriate amendments to ensure consistency with the policies and objective of the Government, and the regional assembly concerned shall act accordingly.
(5) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment 1, by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing regional spatial and economic strategies.
(6) An appropriate assessment of a draft regional spatial and economic strategy shall be carried out in accordance with Part XAB.
(7) (a) When making a regional spatial and economic strategy the regional assembly shall take account of the proper planning and sustainable development of the whole of the region to which the strategy relates, the statutory obligations of any local authority in the region and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic economic and planning policies.
(b) When making a regional spatial and economic strategy which affects the Gaeltacht, the regional assembly shall have regard to the need to protect the linguistic and cultural heritage of the Gaeltacht.
(c) When making a regional spatial and economic strategy the regional assemblies in respect of the GDA shall ensure that the strategy is consistent with the transport strategy of the NTA.
(8) Without prejudice to the generality of subsections (2) and (3), the Minister may issue guidelines on the content of regional spatial and economic strategies and regional assemblies shall have regard to those guidelines.]
Annotations
Amendments:
F170
Substituted (1.06.2014) by Local Government Reform Act 2014, s. 63(1), S.I. No. 214 of 2014.
F171
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. nos. 5-7, S.I. No. 436 of 2018.
F172
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 6, S.I. No. 488 of 2022.
Modifications (not altering text):
C45
“National Spatial Strategy: 2002—2020” declared to be of relevance to the determination of strategic planning policies under subs. (4)(a) (1.05.2003) by Planning and Development (Regional Planning Guidelines) Regulations 2003 (S.I. No. 175 of 2003), reg. 4.
Specification of National Spatial Strategy as being of relevance to strategic planning policies.
4. In accordance with the provisions of section 23 (4)(a) of the Act, the “National Spatial Strategy: 2002 — 2020” published by Government on 28 November 2002 is hereby specified to be of relevance to the determination of strategic planning policies.
Editorial Notes:
E109
Power pursuant to subs. (3) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).
E110
Power pursuant to section exercised (25.03.2009) by Planning and Development (Regional Planning Guidelines) Regulations 2009 (S.I. No. 100 of 2009).
E111
Power pursuant to subs. (3) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).
E112
Power pursuant to section exercised (1.05.2003) by Planning and Development (Regional Planning Guidelines) Regulations 2003 (S.I. No. 175 of 2003).
E113
Previous affecting provision: subs. (1)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(a) and (b), S.I. No. 477 of 2010; substituted as per F-note above.
E114
Previous affecting provision: subs. (2)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(a) and (b), S.I. No. 477 of 2010; substituted as per F-note above.
E115
Previous affecting provision: paras. (2)(j)(k)(l) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(a) and (b), S.I. No. 477 of 2010; substituted as per F-note above.
E116
Previous affecting provision: subs. (3) substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 7; substituted as per F-note above.
E117
Previous affecting provision: subs. (3A) inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(c), S.I. No. 475 of 2011; substituted as per F-note above.
E118
Previous affecting provision: para (4)(c) inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 89, S.I. No. 574 of 2009; substituted as pe F-note above.
F173[Consultation regarding regional spatial and economic strategy
24.—(1) As soon as may be after agreeing any necessary arrangements under section 21, a regional assembly shall give notice of its intention to make the regional spatial and economic strategy.
(2) A notice under subsection (1) shall be given to the Minister, F174[the Office of the Planning Regulator,] the Board, the prescribed authorities in the area and shall be published in one or more newspapers circulating in the region for which the regional spatial and economic strategy is prepared and shall—
(a) state that the regional assembly intends to make a regional spatial and economic strategy,
(b) indicate the matters to be considered in the regional spatial and economic strategy, having regard to section 23,
(c) indicate that submissions regarding the making of the regional spatial and economic strategy may be made in writing to the regional assembly within a specified period (which shall not be less than 8 weeks).
(3) A regional assembly shall consider any submissions received under subsection (2) before preparing the draft regional spatial and economic strategy.
(4) When a regional assembly prepares the draft of the regional spatial and economic strategy it shall, as soon as may be—
(a) send notice and copies of the draft strategy to the Minister, F174[the Office of the Planning Regulator,] the Board, the prescribed authorities in its area, and
(b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.
(5) A notice under subsection (4) shall state—
(a) that a copy of the draft strategy may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and
(b) that written submissions or observations with respect to the draft made to the regional assembly within the stated period will be taken into consideration before the regional spatial and economic strategy is adopted.
(6) When the regional assemblies in respect of the GDA prepare the draft of the regional spatial and economic strategy they shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31F, and
(b) where the regional assemblies do not propose to address, or propose to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31F, a statement of the reasons for that course of action.
(7) When a regional assembly (other than the regional assemblies in respect of the GDA) prepares the draft of the regional spatial and economic strategy it shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31FF, and
(b) where it does not propose to address, or proposes to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31FF, a statement of the reasons for that course of action.
(8) (a) Subject to paragraphs (b) and (e), following consideration of submissions or observations under subsection (5), and subject to section 25, the regional assembly shall, subject to any amendments that it considers necessary, make the regional spatial and economic strategy.
(b) The regional assembly shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material amendment of the draft regional spatial and economic strategy.
(c) The director of the regional assembly, not later than 2 weeks after a determination under paragraph (b) shall specify such period as he or she considers necessary as being required to facilitate an assessment referred to in paragraph (b).
(d) The regional assembly shall publish notice of any proposed material amendment, and where appropriate in the circumstances, the making of a determination that a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required, in at least one newspaper circulating in its area.
(e) The notice referred to in paragraph (d) shall state—
(i) that a copy of any proposed material amendment and of any determination by the regional assembly that an assessment referred to in paragraph (b) is required may be inspected at a stated place or places and at stated times, and on the assembly’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and
(ii) that written submissions or observations with respect to the proposed material amendment or an assessment referred to in paragraph (b) and made to the regional assembly within a stated period shall be taken into account by the assembly before the regional spatial and economic strategy is adopted.
(f) The regional assembly shall carry out an assessment referred to in paragraph (b) of the proposed material amendment of the draft regional spatial and economic strategy within the period specified by the director of the regional assembly.
(9) Following the consideration of submissions or observations under subsection (8), and subject to section 25, the regional assembly shall make the regional spatial and economic strategy with or without the proposed material amendments, subject to any minor modifications considered necessary.
(10) A minor modification referred to in subsection (9) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site.
(11) (a) Where a regional assembly makes a regional spatial and economic strategy, it shall publish a notice of the making of the strategy in at least one newspaper circulating in the functional area of each planning authority in the region for which the strategy is prepared.
(b) A notice under this subsection shall state that a copy of the regional spatial and economic strategy is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).]
Annotations
Amendments:
F173
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F174
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 21, 22, S.I. No. 133 of 2019, art. 2(b).
Editorial Notes:
E119
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E120
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E121
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E122
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E123
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).
E124
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E125
Previous affecting provision: subs. (5A) inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 90, S.I. No. 574 of 2009; substituted as per F-note above.
E126
Previous affecting provision: subs. (5B) inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), s. 44(1)(a), S.I. No. 575 of 2009; substituted as per F-note above.
E127
Subs. (6) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 15, S.I. No. 477 of 2010; substituted as per F-note above.
E128
Subss. (6A) and (6B) inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 15, S.I. No. 477 of 2010; substituted as per F-note above.
E129
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
F175[Procedure for making regional spatial and economic strategy
25.—(1) As part of the consultation between a regional assembly and the relevant planning authorities under section 22, the regional assembly and the planning authorities concerned shall agree on a procedure for preparing and making the regional spatial and economic strategy under section 24.
(2) Matters to be considered under subsection (1) shall include the establishment of committees to oversee and consider preparation of the strategy.
(3) The authorities and assemblies concerned shall agree on the membership of the committees under subsection (2) and shall also agree on the roles of those committees in preparing the draft regional spatial and economic strategy, considering submissions or observations under section 24, and drawing up reports in respect of the strategy.
(4) When the regional assemblies in respect of the GDA make a regional spatial and economic strategy they shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31G, and
(b) where the regional assemblies do not propose to address, or propose only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31G, a statement of the reasons for that course of action.
(5) When a regional assembly (other than the regional assemblies in respect of the GDA) makes a regional spatial and economic strategy it shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31GG, and
(b) where it does not propose to address, or proposes only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31GG, a statement of the reasons for that course of action.
(6) The making of a regional spatial and economic strategy under section 24(8) shall be a matter for the members of the regional assembly concerned, following the consideration of any report or reports from the committees referred to in subsection (2).]
Annotations
Amendments:
F175
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
Editorial Notes:
E130
Previous affecting provision: subs. (3A) inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 91, S.I. No. 574 of 2009; substituted as per F-note above.
E131
Previous affecting provision: subs. (3B) inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), ss. 44(1)(b), S.I. No. 575 of 2009; substituted as per F-note above.
F176[Reports on regional spatial and economic strategy
25A.—(1) In respect of the regional spatial and economic strategy of a regional assembly, the public bodies to which section 22A relate and each local authority within the regional assembly area shall, every 2 years, prepare and submit a report to the assembly setting out progress made in supporting objectives, relevant to that body, of the strategy.
(2) Each regional assembly shall, every 2 years, prepare a report (in this section referred to as a monitoring report) monitoring progress made in implementing the regional spatial and economic strategy.
(3) The monitoring report shall specify the progress made in securing the overall objectives of the regional spatial and economic strategy, including any specific actions and outcomes, including actions specific to the public bodies to which section 22A relates.
(4) The regional assembly concerned shall submit its monitoring report to the National Oversight and Audit Commission.
(5) The National Oversight and Audit Commission shall consider the monitoring report of each regional assembly and may make recommendations to the Minister in relation to relevant measures to further support the implementation of the regional spatial and economic strategy concerned.]
Annotations
Amendments:
F176
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F177[Review of regional spatial and economic strategy
26.—(1) Where a regional assembly has made a regional spatial and economic strategy, it shall, not later than 6 years after the making of such a strategy and not less than once in every period of 6 years thereafter, review such strategy and when so reviewing, it may revoke the strategy or make a new regional spatial and economic strategy.
(2) Before a regional assembly revokes a strategy referred to in subsection (1) (other than for the purpose of making a new regional spatial and economic strategy), it shall consult with the planning authorities within its region.
(3) Where the regional assembly makes a new regional spatial and economic strategy, it shall follow the procedures laid down in sections 22, 24 and 25.
(4) Where a new strategy is made under subsection (1), it shall supersede any previous regional spatial and economic strategy.]
Annotations
Amendments:
F177
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1). S.I. No. 214 of 2014.
F178[Regional spatial and economic strategy and development plans
27.—(1) A planning authority shall ensure, when making a development plan or a local area plan, that the plan is consistent with any regional spatial and economic strategy in force for its area.
(2) The Minister may, by order, determine that planning authorities shall comply with any regional spatial and economic strategy in force for their area, or any part thereof, when preparing and making a development plan, or may require in accordance with section 31 that an existing development plan comply with any regional spatial and economic strategy in force for the area.
(3) An order under subsection (2) may relate—
(a) generally to every regional spatial and economic strategy,
(b) to one or more than one specified strategy, or
(c) to specific elements of each strategy.
(4) Following the making of a regional spatial and economic strategy for its area, each planning authority shall review the existing development plan and consider whether any variation of the development plan is necessary in order to achieve the objectives of the regional spatial and economic strategy.
(5) For the purposes of this section, a planning authority may have, but shall not be obliged to have, regard to any regional spatial and economic strategy after 6 years from the making of such strategy.
(6) The Minister may make regulations concerning matters of procedure and administration to be adopted by a regional assembly in the performance of its functions relating to the preparation of a draft development plan, making of a development plan or variation of a development plan, as the case may be.]
Annotations
Amendments:
F178
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
Editorial Notes:
E132
Previous affecting provision: subs. (1) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 16(a), S.I. No. 477 of 2010; substituted as per F-note above.
E133
Previous affecting provision: subs. (6) inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 16(b), S.I. No. 477 of 2010; substituted as per F-note above.
F179[Report of regional assembly for preparation of draft development plan
27A.—(1) Where a regional assembly receives a notice from a planning authority under section 11(1) it shall prepare submissions or observations for the purposes of section 11(2).
(2) Submissions or observations made by a regional assembly under section 11(2) shall contain a report on matters that, in the opinion of the regional assembly, require consideration by the planning authority concerned in making the development plan.
(3) The submissions or observations and report of the regional assembly shall include, but shall not be limited to, recommendations regarding each of the following matters as respects the area to which the development plan relates:
(a) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets, and the best distribution of residential development and related employment development with a view to—
(i) promoting consistency as far as possible, between housing, settlement and economic objectives in the draft development plan and core strategy and the regional spatial and economic strategy, and
(ii) assisting in drafting the core strategy of the draft development plan;
(b) the objectives of providing physical, economic or social infrastructure in a manner that promotes F180[regional development through maximising the potential of the regions];
(c) planning for the best use of land having regard to location, scale and density of new development to benefit from investment of public funds in transport infrastructure and public transport services; and
(d) collaboration between the planning authority and the regional assembly in respect of integrated planning for transport and land use, in particular in relation to large scale developments and the promotion of sustainable transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change.
(4) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.]
F181[(5) A regional assembly shall send a copy of any report under this section to the Office of the Planning Regulator.]
Annotations
Amendments:
F179
Substituted (1.06.2014) by Local Government Reform Act (1/2014), s. 63(1), S.I. No. 214 of 2014.
F180
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. no. 8, S.I. No. 436 of 2018.
F181
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 23, S.I. No. 133 of 2019, art. 2(b).
Editorial Notes:
E134
Previous affecting provision: section inserted (30.11.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 17, S.I. No. 477 of 2010; substituted as per F-note above.
F182[Role of regional assembly in making of development plan
27B.—(1) Where a regional assembly receives a notice from a planning authority under section 12(1) it shall prepare submissions and observations for the purposes of section 12(2).
(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.
(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the draft development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions, observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the draft development plan and its core strategy are so consistent.
(4) The regional assembly shall send a copy of the submission or observations and the report to the Minister F183[and the Office of the Planning Regulator].
(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.]
Annotations
Amendments:
F182
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F183
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 24, S.I. No. 133 of 2019, art. 2(b).
Editorial Notes:
E135
Previous affecting provision: section inserted (30.11.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 18, S.I. No. 477 of 2010; substituted as per F-note above.
F184[Role of regional assembly in variation of development plan
27C.—(1) Where a regional assembly receives a notice from a planning authority under section 13(1) it shall prepare submissions and observations for the purposes of section 13(2).
(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft variation of the development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.
(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the proposed variation of the development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions and observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the proposed variation to the development plan and its core strategy are so consistent.
(4) The regional assembly shall send a copy of the report to the Minister F185[and the Office of the Planning Regulator].
(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.]
Annotations
Amendments:
F184
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F185
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 25, S.I. No. 133 of 2019, art. 2(b).
Editorial Notes:
E136
Previous affecting provision: section inserted (30.11.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 19, S.I. No. 477 of 2010; substituted as per F-note above.
F186[Modification of role of regional assembly having regard to Covid-19
27D.—(1) Where a regional assembly receives a notice from a planning authority under section 11D(3) it shall prepare submissions and observations for the purposes of that provision.
(2) The regional assembly shall send a copy of the submissions and observations to the planning authority concerned, the Minister and the Office of the Planning Regulator.
(3) This section shall cease to have effect on 1 January 2024.]
Annotations
Amendments:
F186
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 5, S.I. No. 365 of 2021.
Editorial Notes:
E137
The section heading is taken from the amending section in the absence of one included in the amendment.
Chapter IV
Guidelines and Directives
Ministerial guidelines.
28.—(1) The Minister may, at any time, issue guidelines to planning authorities regarding any of their functions under this Act and planning authorities shall have regard to those guidelines in the performance of their functions.
F187[(1A) Without prejudice to the generality of subsection (1) and for the purposes of that subsection a planning authority in having regard to the guidelines issued by the Minister under that subsection, shall—
(a) consider the policies and objectives of the Minister contained in the guidelines when preparing and making the draft development plan and the development plan, and
(b) append a statement to the draft development plan and the development plan which shall include the information referred to in subsection (1B).
(1B) The statement which the planning authority shall append to the draft development plan and the development plan under subsection (1A) shall include information which demonstrates—
(a) how the planning authority has implemented the policies and objectives of the Minister contained in the guidelines when considering their application to the area or part of the area of the draft development plan and the development plan, or
(b) if applicable, that the planning authority has formed the opinion that it is not possible, because of the nature and characteristics of the area or part of the area of the development plan, to implement certain policies and objectives of the Minister contained in the guidelines when considering the application of those policies in the area or part of the area of the draft development plan or the development plan and shall give reasons for the forming of the opinion and why the policies and objectives of the Minister have not been so implemented.]
F188[(1C) Without prejudice to the generality of subsection (1), guidelines under that subsection may contain specific planning policy requirements with which planning authorities, regional assemblies and the Board shall, in the performance of their functions, comply.]
F189[(1D) A strategic environmental assessment or an appropriate assessment shall, as the case may require, be conducted in relation to a draft of guidelines proposed to be issued under subsection (1).]
(2) Where applicable, the Board shall have regard to any guidelines issued to planning authorities under subsection (1) in the performance of its functions.
(3) Any planning guidelines made by the Minister and any general policy directives issued under section 7 of the Act of 1982 prior to the commencement of this Part and still in force immediately before such commencement shall be deemed to be guidelines under this section.
(4) The Minister may revoke or amend guidelines issued under this section.
(5) The Minister shall cause a copy of any guidelines issued under this section and of any amendment or revocation of those guidelines to be laid before each House of the Oireachtas.
(6) A planning authority shall make available for inspection by members of the public any guidelines issued to it under this section.
(7) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, guidelines issued under this section.
Annotations
Amendments:
F187
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 20, S.I. No. 477 of 2010.
F188
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 20(a), S.I. No. 436 of 2018.
F189
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 20(b), S.I. No. 436 of 2018.
Modifications (not altering text):
C46
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 27, not commenced as of date of revision.
Continuation in force of pre-commencement Ministerial guidelines
27.—(1) Notwithstanding the repeal of section 28 of the Act of 2000 effected by section 6, any guideline issued under the said section 28 that was in force immediately before that repeal shall continue in force on and after that repeal until—
(a) revoked by the Minister under subsection (3), or
(b) a National Planning Statement is issued under this Chapter with which the guideline conflicts.
(2) Any guidelines continued in force under subsection (1) shall be deemed to be National Planning Policy Guidance issued under this Chapter.
(3) The Minister may revoke any guidelines continued in force under subsection (1).
...
Editorial Notes:
E138
Power pursuant to section exercised (2.01.2001) by Local Government (Planning and Development) General Policy Directive (Shopping) 1998 (Revocation Order) 2001 (S.I. No. 1 of 2001).
E139
Previous affecting provision: subs. (1C) inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 2, commenced on enactment; substituted as per F-note above.
Ministerial policy directives.
29.—(1) The Minister may, from time to time, issue policy directives to planning authorities regarding any of their functions under this Act and planning authorities shall comply with any such directives in the performance of their functions.
(2) Where applicable, the Board shall also comply with any policy directives issued to planning authorities under subsection (1) in the performance of its functions.
(3) The Minister may revoke or amend a policy directive issued under this section.
(4) Where the Minister proposes to issue, amend or revoke a policy directive under this section, a draft of the directive, amendment or revocation shall be laid before both Houses of the Oireachtas and the policy directive shall not be issued, amended or revoked, as the case may be, until a resolution approving the issuing, amending or revocation of the policy directive has been passed by each House.
(5) The Minister shall cause a copy of any policy directive issued under this section to be laid before each House of the Oireachtas.
(6) A planning authority shall make available for inspection by members of the public any policy directive issued to it under this section.
(7) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, policy directives issued under this section.
Limitation on Ministerial power.
F190[30.—(1) Notwithstanding section 28 or 29 and subject to subsection (2), the Minister shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned F191[save as provided for by sections 177X, 177Y, 177AB and 177AC].
F192[(2) Subsection (1) shall not affect the performance by the Minister of functions transferred to him or her by the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020) or transferred (whether before or after the coming into operation of section 5 of the Planning and Development, Heritage and Broadcasting (Amendment) Act 2021) to him or her from the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by an order under section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939.]]
Annotations
Amendments:
F190
Substituted (3.07.2002) by Minister For the Environment and Local Government (Performance of Certain Functions) Act 2002 (24/2002), s. 1, commenced on enactment.
F191
Inserted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 19, S.I. No. 474 of 2011.
F192
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 5, S.I. No. 279 of 2021.
Modifications (not altering text):
C47
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)))
...
Ministerial directions regarding development plans.
F193[31.—(1) Where the Minister is of the opinion that—
F194[(a) a planning authority, in making a development plan, a variation of a development plan, a local area plan or an amendment to a local area plan (in this section referred to as a "plan") has failed to—
(i) implement a recommendation made to the planning authority by—
(I) the Minister under section 12, 13 or 20, or
(II) the Office of the Planning Regulator under section 31AM or 31AO,
or
(ii) take account of any submission or observation made to the planning authority by—
(I) the Minister under section 12, 13 or 20, or
(II) the Office of the Planning Regulator under section 31AM or 31AO,]
(b) in the case of a plan, the plan fails to set out an overall strategy for the proper planning and sustainable development of the area,
F195[(ba) a plan is not consistent with—
(i) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy, F196[…]
F197[(ia) the National Marine Planning Framework, or]
(ii) specific planning policy requirements specified in guidelines issued by the Minister under subsection (1) of section 28,]
(c) the plan is not in compliance with the requirements of this Act, or
(d) if applicable, having received a submission prepared under section 31C or 31D (inserted by section 95 of the Act of 2008) that a plan of a planning authority in the Greater Dublin Area (GDA) is not consistent with the transport strategy of the National Transport Authority,
F198[then, subject to compliance with the relevant provisions of sections 31AM and 31AN or sections 31AO and 31AP, as the case may be, the Minister may] in accordance with this section, for stated reasons, direct a planning authority to take such specified measures as he or she may require in relation to that plan.
(2) Where the Minister issues a direction under this section the planning authority, notwithstanding anything contained in Chapter I or II of this Part, shall comply with that direction and the F199[chief executive] or elected members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.
F198[(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a plan is made, issue a notice in writing to a planning authority consequent on a recommendation being made to him or her by the Office of the Planning Regulator under F200[section 31AM(8) or 31AO(7)], as the case may be.]
(4) The notice referred to in subsection (3) shall, for stated reasons, inform the planning authority of—
(a) the forming of the opinion referred to in subsection (1),
(b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the planning authority to take certain measures specified in the notice in order to ensure that the plan is in compliance with the requirements of this Act and F201[…] sets out an overall strategy for the proper planning and sustainable development of the area,
(c) those parts of the plan that by virtue of the issuing of the notice under this subsection shall be taken not to have come into effect, been made or amended under subsection (6), and
(d) if applicable, requiring the planning authority to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the Dublin Transport Authority.
F198[(5) The Minister shall furnish a copy of the notice referred to in subsection (3)—
(a) to the chief executive and to the Cathaoirleach of the planning authority concerned,
(b) where there is a regional spatial and economic strategy in force for the area of the planning authority, to the director of the regional assembly concerned,
(c) where it concerns any matter to which Part IIB relates, to the Office of the Planning Regulator, and
(d) where relevant, to the National Transport Authority.]
(6) (a) Notwithstanding section 12(17), 13(11) or 20(4A), a plan shall not have effect in accordance with those sections in relation to a matter contained in the plan which is referred to in a notice under subsection (3).
(b) If a part of a plan proposed to be replaced under section 12, 13 or 20 contains a matter that corresponds to any matter contained in that plan which is referred to in a notice under subsection (3), that part shall not, save where subsection (17) applies, cease to have effect in respect of that matter.
(7) No later than 2 weeks after receipt of the notice issued by the Minister under subsection (3), the F199[chief executive] of the planning authority shall publish notice of the draft direction in at least one newspaper circulating in the area of the development plan or local area plan, as the case may be, which shall state—
(a) the reasons for the draft direction,
(b) that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and
F198[(c) that written submissions or observations in respect of the draft direction may be made to the planning authority during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.]
F198[(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the chief executive shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the elected members of the planning authority, the Office of the Planning Regulator F202[, the Minister and, where relevant, the regional assembly concerned].]
(9) The report referred to in subsection (8) shall—
(a) summarise the views of any person who made submissions or observations to the planning authority,
(b) summarise the views of and recommendations (if any) made by the elected members of the planning authority,
(c) summarise the views of and recommendations (if any) made by the F203[regional assembly],
(d) make recommendations in relation to the best manner in which to give effect to the draft direction.
F198[(10) In relation to the notice issued by the Minister under subsection (3), the elected members of the planning authority—
(a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and
(b) where so submitted, shall send a copy of it to the Minister.]
(11) F204[…]
(12) F204[…]
(13) F204[…]
(14) F204[…]
(15) F204[…]
F205[(16) Where paragraph (a) of section 31AN(4A), paragraph (a) or (c) of section 31AN(9), paragraph (a) of section 31AP(4A) or paragraph (a) or (c) of section 31AP(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.]
(17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the plan, or, if appropriate, to constitute the plan.
(18) The Minister shall cause a copy of a direction issued under subsection (16) to be laid before each House of the Oireachtas.
(19) As soon as may be after a direction is issued to a planning authority under subsection (16), the planning authority shall make the direction so issued available for inspection by members of the public, during office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the authority’s website or otherwise in electronic form.
F198[(20) The Minister shall—
(a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and
(b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).]]
Annotations
Amendments:
F193
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 21, S.I. No. 477 of 2010.
F194
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 21(a), S.I. No. 436 of 2018.
F195
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 21(b), S.I. No. 436 of 2018.
F196
Deleted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 7, S.I. No. 488 of 2022.
F197
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 7, S.I. No. 488 of 2022.
F198
Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 27-32, 35, S.I. No. 133 of 2019, art. 2(b).
F199
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 43-48, S.I. No. 436 of 2018.
F200
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 5(a), commenced on enactment.
F201
Deleted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 5(b), commenced on enactment.
F202
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 5(c), commenced on enactment, subject to transitional provision in s. 41(1), not commenced as of date of revision.
F203
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 34-36, S.I. No. 214 of 2014.
F204
Deleted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 33, S.I. No. 133 of 2019, art. 2(b).
F205
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 5(d), commenced on enactment.
F206
Substituted by Planning and Development (Amendment) Act 2018 (16/2018), s. 21(c), not commenced as of date of revision.
Modifications (not altering text):
C48
Prospective affecting provision: subs. (3) substituted by Planning and Development (Amendment) Act 2018 (16/2018), s. 21(c), not commenced as of date of revision.
F206[(3) (a) The Minister may, following the making of a recommendation by the Office of the Planning Regulator under subsection (9) of section 31AN or subsection (9) of section 31AP, give a direction under this section to a planning authority in relation to a plan.
(b) The Minister shall, before giving a direction under this section to a planning authority, issue a notice in writing to the planning authority of his or her intention to give such direction and such notice shall not be issued after the expiration of 4 weeks from the making of a plan by the planning authority.]
Editorial Notes:
E140
Previous affecting provision: subs. (16) substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 34, S.I. No. 133 of 2019, art. 2(b); substituted (24.07.2022) as per F-note above.
E141
Previous affecting provision: subss. (5), (8) amended (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 44, 46, S.I. No. 436 of 2018; subsections substituted as per F-note above.
E142
Previous affecting provision: subs. (13)(b), (14) amended (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 47, 48, S.I. No. 436 of 2018; subsections deleted as per F-note above.
E143
Previous affecting provision: subs. (5) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 32, 33, S.I. No. 214 of 2014; subsection substituted as per F-note above.
E144
Previous affecting provision: subs. (13)(c), (14) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 35, 36, S.I. No. 214 of 2014; subsections deleted as per F-note above.
E145
Previous affecting provision: subs. (1A) inserted and subs. (4) substituted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 92, S.I. No. 574 of 2009; substituted as per F-note above.
F207[Ministerial directions regarding regional planning strategy.
31A.—(1) Where the Minister is of the opinion that—
(a) a F208[regional assembly], F208[or assemblies], as the case may be, in making the F209[regional spatial and economic strategy] has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the F208[regional assembly] F208[ or assemblies] under section 24 or 26,
F210[(b) the regional spatial and economic strategy fails to provide a long-term strategic planning and economic framework for the development of the region or regions, as the case may be, in respect of which it is made, in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government,]
(c) the F211[regional spatial and economic strategy is] not in compliance with the requirements of this Act, or
(d) if applicable, in relation to a F212[regional assembly or assemblies] whose regional area or part thereof is in the Greater Dublin Area (GDA) that the guidelines are not consistent with the transport strategy of the National Transport Authority,
F213[(e) the Office of the Planning Regulator has issued a notice to the Minister pursuant to section 31AQ(7) in respect of a regional assembly or assemblies, as the case may be,]
F214[then, subject to compliance with the relevant provisions of sections 31AQ and 31AR, the Minister may], in accordance with this section, for stated reasons F215[direct a regional assembly or assemblies], as the case may be, to take such specified measures as he or she may require in relation to that plan.
(2) Where the Minister issues a direction under this section the F216[regional assembly or regional assemblies], as the case may be, notwithstanding anything contained in Chapter III of this Part, shall comply with that direction and the F217[chief executive] or members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.
F214[(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a regional spatial and economic strategy is made, issue a notice in writing to a regional assembly or regional assemblies, as the case may be, consequent on a recommendation being made to him or her by the Office of the Planning Regulator under section 31AR(9).]
(4) The notice referred to in subsection (3) shall, for stated reasons, inform the F216[regional assembly or regional assemblies], as the case may be, of—
(a) the forming of the opinion referred to in subsection (1),
F218[(b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the regional assembly, or assemblies, as the case may be, to take certain measures specified in the notice in order to ensure that the regional spatial and economic strategy is in compliance with the requirements of this Act and to provide a long-term strategic planning and economic framework for the development of the region, or regions, as the case may be, in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government,]
(c) the part of the F219[regional spatial and economic strategy] that by virtue of the issuing of the notice shall be taken not to have come into effect, and
(d) if applicable, requiring the F219[regional assembly or assemblies], as the case may be, to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the National Transport Authority.
F220[(5) The Minister shall furnish a copy of the notice referred to in subsection (3)—
(a) to the regional assembly or regional assemblies concerned, as the case may be,
(b) to the Office of the Planning Regulator, and
(c) to the National Transport Authority.]
(6) (a) Notwithstanding anything contained in Chapter III, or any matter prescribed thereunder, F221[a regional spatial and economic strategy] shall not have effect in accordance with that Chapter in relation to a matter contained in F221[the strategy] which is referred to in a notice under subsection (3).
(b) If a part of F221[the strategy proposed] to be replaced under section 26 contains a matter that corresponds to any matter contained in F221[the strategy which is] referred to in a notice under subsection (3), that part shall not, save where subsection (17) applies, cease to have effect in respect of that matter.
(7) No later than 2 weeks after receipt of the notice issued by the Minister under subsection (3), the director of the F222[regional assembly, or assemblies,] as the case may be, shall publish notice of the draft direction in at least one newspaper circulating in the area of the F222[regional assembly, or assemblies,] as the case may be, which shall state—
(a) the reasons for the draft direction,
(b) that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and
F214[(c) that written submissions or observations in respect of the draft direction may be made to the regional assembly or regional assemblies, as the case may be, during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.]
F214[(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the director shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the members of the regional assembly or regional assemblies, as the case may be, the Office of the Planning Regulator and the Minister.]
(9) The report referred to in subsection (8) shall—
(a) summarise the views of any person who made submissions or observations to the F222[regional assembly, or assemblies,] as the case may be,
(b) summarise the views of and recommendations (if any) made by the members of the F222[regional assembly, or assemblies,] as the case may be,
(c) make recommendations in relation to the best manner in which to give effect to the draft direction.
F214[(10) In relation to the notice issued by the Minister under subsection (3), the members of the regional assembly, or assemblies, as the case may be—
(a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and
(b) where so submitted, shall send a copy of it to the Minister.]
(11) F223[…]
(12) F223[…]
(13) F223[…]
(14) F223[…]
(15) F223[…]
F214[(16) Where paragraph (a) or (c) of section 31AR(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.]
F224[(17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the regional spatial and economic strategy, or, if appropriate, to constitute the strategy.]
(18) The Minister shall cause a copy of a direction issued under subsection (16) to be laid before each House of the Oireachtas.
(19) As soon as may be after a direction is issued to a F222[regional assembly or assemblies], as the case may be, the authority or authorities shall make the direction so issued available for inspection by members of the public, during office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the authority’s website or otherwise in electronic form.
F214[(20) The Minister shall—
(a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and
(b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).]]
Annotations
Amendments:
F207
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 22, S.I. No. 477 of 2010.
F208
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 37, S.I. No. 214 of 2014.
F209
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 38, S.I. No. 214 of 2014.
F210
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 39, S.I. No. 214 of 2014.
F211
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 40, S.I. No. 214 of 2014.
F212
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2, part 4 ref. 41, S.I. No. 214 of 2014.
F213
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 36, S.I. No. 133 of 2019, art. 2(b).
F214
Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 37-42, 44, 45, S.I. No. 133 of 2019, art. 2(b).
F215
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 42, S.I. No. 214 of 2014.
F216
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 43-46, S.I. No. 214 of 2014.
F217
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 49, S.I. No. 436 of 2018.
F218
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 47, S.I. No. 214 of 2014.
F219
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 48, 49, S.I. No. 214 of 2014.
F220
Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 39, S.I. No. 133 of 2019.
F221
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 51-54, S.I. No. 214 of 2014.
F222
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 55-60, 62, S.I. No. 214 of 2014.
F223
Deleted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 43, S.I. No. 133 of 2019, art. 2(b).
F224
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 61, S.I. No. 214 of 2014.
Modifications (not altering text):
C49
Application of section restricted (15.07.2019) by Local Government Rates and Other Matters Act 2019 (24/2019), s. 23(2), S.I. No. 355 of 2019.
Certain regional spatial and economic strategies
23. ...
(2) Section 31A (as, by virtue of subsection (1), it is deemed to operate in relation to a relevant instrument) of the Act of 2000 is amended, in so far only as it applies in relation to a relevant instrument, by—
(a) the substitution, in subsection (3), of “6 weeks” for “4 weeks”,
(b) the substitution—
(i) in paragraph (a) of subsection (10), of “Minister” for “Office of the Planning Regulator”, and
(ii) in paragraph (b) of subsection (10), of “Office of the Planning Regulator” for “Minister”,
(c) in subsection (19), by the substitution of—
(i) “assembly” for “authority” in each place that it occurs,
(ii) “assemblies” for “authorities”, and
(iii) “assembly’s” for “authority’s”, and
(d) the insertion of the following subsection:
“(21) The Minister may, at any time, request the Office of the Planning Regulator to—
(a) advise him or her in relation to any matter in connection with a regional spatial and economic strategy or any report under this section, or
(b) prepare, and submit to the Minister, a report in relation to any such matter, and the Office of the Planning Regulator shall, within such period as the Minister shall specify, comply with that request.”,
and the said section 31A as so amended in relation to a relevant instrument is set out in the Table to this section.
(3) In this section—
“Act of 2000” means the Planning and Development Act 2000;
“Act of 2018” means the Planning and Development (Amendment) Act 2018;
“relevant instrument” means—
(a) a notice in respect of which the functions under subsection (2) of section 24 of the Act of 2000 were performed (in whole or in part) by a regional assembly before 3 April 2019,
(b) a notice or draft regional spatial and economic strategy in respect of which the functions under subsection (4) of the said section 24 were performed (in whole or in part) by a regional assembly before that date, or
(c) any regional spatial and economic strategy made before that date;
“specified amendment” means the amendment of section 31A of the Act of 2000 specified in column (3) of Schedule 1 of the Act of 2018 opposite reference numbers 36, 37, 38, 39, 40, 43, 44 and 45 specified in column (1) of that Schedule.
TABLE
31A. (1) Where the Minister is of the opinion that—
(a) a regional assembly, or assemblies, as the case may be, in making the regional spatial and economic strategy has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the regional assembly or assemblies under section 24 or 26,
(b) the regional spatial and economic strategy fails to provide a long-term strategic planning and economic framework for the development of the region or regions, as the case may be, in respect of which it is made, in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government,
(c) the regional spatial and economic strategy is not in compliance with the requirements of this Act, or
(d) if applicable, in relation to a regional assembly or assemblies whose regional area or part thereof is in the Greater Dublin Area (GDA) that the guidelines are not consistent with the transport strategy of the National Transport Authority,
the Minister may, in accordance with this section, for stated reasons direct a regional assembly or assemblies, as the case may be, to take such specified measures as he or she may require in relation to that plan.
(2) Where the Minister issues a direction under this section the regional assembly or regional assemblies, as the case may be, notwithstanding anything contained in Chapter III of this Part, shall comply with that direction and the chief executive or members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.
(3) Before he or she issues a direction under this section, the Minister shall issue a notice in writing to a regional assembly or regional assemblies, as the case may be, no later than 6 weeks after the strategy or strategies are made.
(4) The notice referred to in subsection (3) shall, for stated reasons, inform the regional assembly or regional assemblies, as the case may be, of—
(a) the forming of the opinion referred to in subsection (1),
(b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the regional assembly, or assemblies, as the case may be, to take certain measures specified in the notice in order to ensure that the regional spatial and economic strategy is in compliance with the requirements of this Act and to provide a long-term strategic planning and economic framework for the development of the region, or regions, as the case may be, in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government,
(c) the part of the regional spatial and economic strategy that by virtue of the issuing of the notice shall be taken not to have come into effect, and
(d) if applicable, requiring the regional assembly or assemblies, as the case may be, to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the National Transport Authority.
(5) The Minister shall furnish a copy of the notice referred to in subsection (3) to the regional assembly, or assemblies, as the case may be, and the National Transport Authority.
(6) (a) Notwithstanding anything contained in Chapter III, or any matter prescribed thereunder, a regional spatial and economic strategy shall not have effect in accordance with that Chapter in relation to a matter contained in the strategy which is referred to in a notice under subsection (3).
(b) If a part of the strategy proposed to be replaced under section 26 contains a matter that corresponds to any matter contained in the strategy which is referred to in a notice under subsection (3), that part shall not, save where subsection (17) applies, cease to have effect in respect of that matter.
(7) No later than 2 weeks after receipt of the notice issued by the Minister under subsection (3), the director of the regional assembly, or assemblies, as the case may be, shall publish notice of the draft direction in at least one newspaper circulating in the area of the regional assembly, or assemblies, as the case may be, which shall state—
(a) the reasons for the draft direction,
(b) that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and
(c) that written submissions or observations in respect of the draft direction may be made to the regional assembly, or assemblies, as the case may be, during such period and shall be taken into consideration by the Minister before he or she directs the regional assembly, or assemblies, as the case may be, pursuant to this section.
(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the director shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the Minister and the members of the regional assembly, or assemblies, as the case may be.
(9) The report referred to in subsection (8) shall—
(a) summarise the views of any person who made submissions or observations to the regional assembly, or assemblies, as the case may be,
(b) summarise the views of and recommendations (if any) made by the members of the regional assembly, or assemblies, as the case may be,
(c) make recommendations in relation to the best manner in which to give effect to the draft direction.
(10) In relation to the notice issued by the Minister under subsection (3), the members of the regional assembly, or assemblies, as the case may be—
(a) may make a submission to the Minister at any time up to the expiry of the period of time referred to in subsection (7)(b), and
(b) where so submitted, shall send a copy of it to the Office of the Planning Regulator.
(11) The Minister shall consider the report furnished under subsection (8) and any submissions made to him or her under subsection (10) and—
(a) where he or she believes that no material amendment to the draft direction is required, or that further investigation is not necessary in order to clarify any aspect of the report or submissions, he or she may decide, no later than 3 weeks after the date of receipt of the report under subsection (8), for stated reasons—
(i) to issue the direction referred to in subsection (4)(b) with or without minor amendments, or
(ii) not to issue the direction referred to in subsection (4)(b), or
(b) where he or she believes that—
(i) a material amendment to the draft direction may be required, or
(ii) further investigation is necessary in order to clarify any aspect of the report furnished under subsection (8) or submissions made under subsection (10), or
(iii) it is necessary for any other reason,
he or she may, for stated reasons, appoint an inspector no later than 3 weeks after the date of receipt of the report under subsection (8).
(12) The inspector appointed under subsection (11)(b) shall be a person who, in the opinion of the Minister, has satisfactory experience and competence to perform the functions required of him or her pursuant to this section and shall be independent in the performance of his or her functions.
(13) The inspector appointed under subsection (11)(b) having regard to the stated reasons for his or her appointment—
(a) shall review the draft direction, the report furnished under subsection (8) and submissions made under subsection (10),
(b) shall consult with the regional assembly, or assemblies, as the case may be,
(c) may consult with persons who made submissions under subsection (7)(c), and
(d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Minister.
(14) Copies of the report of the inspector referred to in subsection (13)(d) shall be furnished as quickly as possible by the Minister to the regional assembly, or assemblies, as the case may be, and persons who made submissions under subsection (7)(c).
(15) The persons who have been furnished with the report of the inspector referred to in subsection (13)(d) may make a submission to the Minister in relation to any matter referred to in the report no later than 10 days after the receipt by them of the report.
(16) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Minister may direct) after receipt of the report of the inspector referred to in subsection (13)(d), or any submissions made to him or her under subsection (15), the Minister, having considered the report, recommendations or submissions, as the case may be, shall decide for stated reasons—
(a) to issue the direction referred to in subsection (4)(b),
(b) not to issue the direction referred to in subsection (4)(b), or
(c) to issue the direction referred to in subsection (4)(b), which has been amended by the Minister to take account of any of the matters referred to in subparagraphs (i) or (ii) as the Minister considers appropriate:
(i) recommendations contained in the report of the inspector referred to in subsection (13)(d); or
(ii) any submissions made pursuant to subsection (15).
(17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the regional spatial and economic strategy, or, if appropriate, to constitute the strategy.
(18) The Minister shall cause a copy of a direction issued under subsection (16) to be laid before each House of the Oireachtas.
(19) As soon as may be after a direction is issued to a regional assembly or assemblies, as the case may be, the assembly or assemblies shall make the direction so issued available for inspection by members of the public, during office hours of the assembly, at the offices of the assembly, and may also make the direction available by placing it on the assembly’s website or otherwise in electronic form.
(20) The Minister shall publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).
(21) The Minister may, at any time, request the Office of the Planning Regulator to—
(a) advise him or her in relation to any matter in connection with a regional spatial and economic strategy or any report under this section, or
(b) prepare, and submit to the Minister, a report in relation to any such matter,
and the Office of the Planning Regulator shall, within such period as the Minister shall specify, comply with that request.
Editorial Notes:
E146
The section heading is taken from the text of the section in the absence of one included in the amendment.
E147
Previous affecting provision: subss. (1), (3), (5), (7)(c), (8), (10) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 47, 48, S.I. No. 214 of 2014; deleted as per F-note above.
E148
Previous affecting provision: subss. (13)(b), (14) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 42, 44, 45, 50, 55, 56, 58, S.I. No. 214 of 2014; substituted as per F-note above.
E149
Previous affecting provision: section amended (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), s. 44(1)(c), S.I. No. 575 of 2009; substituted as per F-note above.
E150
Previous affecting provision: section inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 93, S.I. No. 574 of 2009; substituted as per F-note above.
PART IIA
DTA and Land Use Provisions.
DTA role in preparation of draft development plan.
31B.—(1) Where a notice is received by the DTA under section 11(2) it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in the review of its existing development plan and the preparation of a new development plan.
(2) The report under subsection (1) shall address, but shall not be limited to—
(a) the transport investment priorities for the period of the development plan,
(b) the scope, if any, to maximise the performance of the transport system by effective land use planning,
(c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and
(d) recommendations on the matters to be addressed in the development plan to ensure the effective integration of transport and land use planning. ]
Annotations
Amendments:
F225
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F226[ DTA role in making of development plan.
31C.—(1) Where a notice is received by the DTA under section 12(1) it shall, as part of any written submission on the draft development plan, state whether, in its view, the draft development plan is—
(a) consistent with its transport strategy, or
(b) not consistent with its transport strategy and in such case what amendments to the draft plan it considers necessary to achieve such consistency.
(2) The DTA shall send copies of a submission prepared under this section to the Minister and the Minister for Transport. ]
Annotations
Amendments:
F226
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F227[ DTA role in variation of development plan.
31D.—(1) Where a notice is received by the DTA under section 13(2) it shall, as part of any written submission on the proposed variation, state whether, in its view, the proposed variation is—
(a) consistent with its transport strategy, or
(b) not consistent with its transport strategy and in such case what amendments to the proposed variation it considers necessary to achieve such consistency.
(2) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport. ]
Annotations
Amendments:
F227
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F228[DTA role in the making, amending or revoking of local area plans by planning authorities.
31E.—(1) Where a notice is received by the DTA under section 20(3)(a)(i), it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in making, amending or revoking a local area plan.
(2) The report under subsection (1) shall address, but shall not be limited to—
(a) the transport investment priorities for the period of the local area plan,
(b) the scope, if any, to maximise the performance of the transport system by effective land use planning,
(c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and
(d) recommendations on the matters to be addressed in the local area plan to ensure the effective integration of transport and land use planning.]
Annotations
Amendments:
F228
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F229[Co-operation of DTA with regional authorities.
31F.—F230[(1) Where the regional assemblies in respect of the GDA intend to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, they shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.]
F231[(2) The NTA shall assist and co-operate with the regional assemblies in respect of the GDA in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.]
F232[(3) (a) In carrying out its function under subsection (2), the NTA shall prepare and submit to the regional assemblies, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional assemblies in making a regional spatial and economic strategy.]
(b) The report prepared under paragraph (a) shall address, but shall not be limited to—
(i) the transport investment priorities for the period of the F233[regional spatial and economic strategy],
(ii) the scope, if any, to maximise the performance of the transport system by effective land use planning,
(iii) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and
(iv) recommendations on the matters to be addressed in the F233[regional spatial and economic strategy] to ensure effective integration of transport and land use planning. ]
Annotations
Amendments:
F229
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F230
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 63, S.I. No. 214 of 2014.
F231
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 64, S.I. No. 214 of 2014.
F232
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 65, S.I. No. 214 of 2014.
F233
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 66, 67, S.I. No. 214 of 2014.
F234[Co-operation and further provisions relating to regional spatial and economic strategy
31FF.—(1) Where a regional assembly (other than the regional assemblies in respect of the GDA) intends to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, it shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.
(2) The NTA shall assist and co-operate with the regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.
(3) In carrying out its functions under subsection (2), the NTA shall prepare and submit to the regional assembly, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional assembly in making a regional spatial and economic strategy.]
Annotations
Amendments:
F234
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(2), S.I. No. 214 of 2014.
Editorial Notes:
E151
Previous affecting provision: section inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), s. 44(1)(d), S.I. No. 575 of 2005; substituted as per F-note above.
F235[ DTA role in preparation of draft regional planning guidelines.
31G.—F236[(1) Where a notice is received by the NTA under section 24(4) it shall, as part of any written submission on the draft regional spatial and economic strategy, state whether, in its view, the draft regional spatial and economic strategy is—
(a) consistent with its transport strategy, or
(b) not consistent with its transport strategy and in such case what amendments to the draft regional spatial and economic strategy it considers necessary to achieve such consistency.]
(2) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport. ]
Annotations
Amendments:
F235
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F236
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 68, S.I. No. 214 of 2014.
F237[NTA submission
31GG.—F238[(1) Where a notice is received by the NTA under section 24(4) from a regional assembly (other than the regional assemblies in respect of the GDA) the NTA shall, as part of any written submission on the draft regional spatial and economic strategy, state whether, in its view, the matters raised by it in its report under section 31FF are—
(a) satisfactorily addressed in the draft regional spatial and economic strategy, or
(b) not satisfactorily addressed in the draft regional spatial and economic strategy.]
F239[(2) Where in the context of subsection (1) (b) the NTA makes a submission, it shall indicate what amendments to the draft regional spatial and economic strategy it considers should be made to ensure effective integration of transport and land use planning.]
(3) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport.]
Annotations
Amendments:
F237
Inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), s. 44(1)(e), S.I. No. 575 of 2009.
F238
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 69, S.I. No. 214 of 2014.
F239
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 70, S.I. No. 214 of 2014.
Editorial Notes:
E152
The section heading is taken from the text of the section in the absence of one included in the amendment.
F240[Request by DTA for Minister to issue guidelines or policy directives.
31H.—The DTA may, in relation to its functions, request the Minister to issue guidelines under section 28 or a policy directive under section 29 to a planning authority within the GDA.]
Annotations
Amendments:
F240
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F241[Requirement for transport impact assessment for certain classes of development.
31I.— (1) The Minister may, in respect of the GDA and following consultation with the DTA, make regulations specifying—
(a) classes of development, including strategic infrastructure development, requiring the submission of a transport impact assessment in respect of applications for development, and
(b) the format and content of a transport impact assessment.
(2) Regulations under subsection (1) may require that a transport impact assessment demonstrate that the proposed development in respect of which the assessment has been prepared would be consistent with the transport strategy of the DTA.
(3) Before granting permission for a development which requires a transport impact assessment under regulations made under subsection (1), a planning authority shall satisfy itself that the applicant has demonstrated that the proposed development would be consistent with the transport strategy of the DTA.
(4) In this section "transport impact assessment" means a report outlining what additional transport impacts a particular proposed development will generate and how it will integrate into existing transport patterns.]
Annotations
Amendments:
F241
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F242[Transport strategy and planning process.
31J.—In any case in the GDA where—
F243[(a) a planning or local authority, a regional assembly, State authority or An Bord Pleanála is carrying out any relevant function under or transferred by Part II, X, XI or XIV, or]
(b) a planning authority or An Bord Pleanála is carrying out any relevant function under any other Act,
the transport strategy of the DTA shall be a consideration material to the proper planning and sustainable development of the area or areas in question.]
Annotations
Amendments:
F242
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F243
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 71, S.I. No. 214 of 2014.
F244[PART IIB
Office of the Planning Regulator]
Annotations
Amendments:
F244
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F245[Chapter I
Preliminary and General (Part IIB)]
Annotations
Amendments:
F245
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F246[Definitions (Part IIB)
31K.—In this Part—
"establishment day" means the day appointed by order under section 31L to be the establishment day for the purposes of this Part;
"Office" means the Office of the Planning Regulator established under Chapter II;
"Planning Regulator" means the person appointed under section 31N as the Planning Regulator.]
Annotations
Amendments:
F246
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F247[Chapter II
Establishment, Organisation, Staffing etc.]
Annotations
Amendments:
F247
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Annotations
Modifications (not altering text):
C50
F248[Establishment of Office of the Planning Regulator
31L.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Part.]
Annotations
Amendments:
F248
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Editorial Notes:
E153
Power pursuant to section exercised (3.04.2019) by Planning And Development Act 2000 (Part IIB) (Establishment Day) Order 2019 (S.I. No. 134 of 2019).
F249[Office of the Planning Regulator
31M.—(1) There is established on the establishment day a body to be known as Oifig an Rialaitheoir Pleanáil or, in the English language, Office of the Planning Regulator, to perform the functions conferred on it by this Part.
(2) The Office of the Planning Regulator shall have all such powers as are necessary for or incidental to the performance of the functions of the Office under this Act.]
Annotations
Amendments:
F249
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C51
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 537, not commenced as of date of revision.
Continuance of Office of Planning Regulator
537.—(1) Notwithstanding the repeal of section 31M of the Act of 2000 effected by section 6—
(a) the body known as the Office of the Planning Regulator shall continue in being in accordance with this Act, and
(b) anything commenced, but not completed, by the Office before such repeal may be carried on and completed by the Office on and after the repeal as if that enactment had not been repealed.
(2) The Office shall have all such powers as are necessary for or incidental to the performance of the functions of the Office under this Act or any other enactment.
F250[Planning Regulator
31N.—(1) There shall be appointed in accordance with section 31W a chief executive of the Office, to be known as the Planning Regulator, who shall be a corporation sole with perpetual succession and an official seal and with power—
(a) to sue and be sued,
(b) to acquire, hold and dispose of land or an interest in land, and
(c) to acquire, hold and dispose of any other property.
(2) The Planning Regulator shall—
(a) perform such functions as are specified in this Part to be functions of the Office,
(b) be responsible for the performance by the Office of its functions under this Part, and
(c) otherwise carry out, manage and control generally the administration and business of the Office for the purposes of this Part.]
Annotations
Amendments:
F250
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C52
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 538(2), not commenced as of date of revision.
Planning Regulator
538.— …
(2) Notwithstanding the repeal of sections 31N and 31W of the Act of 2000 effected by section 6, the person who immediately before such repeal stood appointed as the Planning Regulator shall continue in office as the Planning Regulator in accordance with the terms and conditions of his or her appointment.
...
F251[Seal of Planning Regulator
31O.—(1) The seal of the Planning Regulator (in this section referred to as the ‘seal’) shall be authenticated by either—
(a) the signature of the Planning Regulator, or
(b) the signatures of 2 members of the staff of the Office, at least one of whom shall be a director of the Office, and both of whom have been authorised by the Office to act in that behalf.
(2) Judicial notice shall be taken of the seal and every document purporting to be an instrument made by the Office and to be sealed with the seal (purporting to be authenticated in accordance with subsection (1)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.
(3) Any contract or instrument which, if entered into or executed by an individual, would not be required to be under seal may be entered into or executed on behalf of the Office by a member of the staff of the Office or a person generally or specially authorised by the Office for that purpose.]
Annotations
Amendments:
F251
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F252[Functions of Office
31P.—(1) The functions of the Office are—
(a) to evaluate and assess—
(i) development plans, including draft development plans,
(ii) variations of development plans, including proposed variations,
(iii) local area plans, including the amendment or revocation of such plans, and
(iv) regional spatial and economic strategies,
during their preparation and making under Chapters I to III of Part II in order for the Office to provide observations and recommendations to planning authorities and regional assemblies, as appropriate, on those plans and strategies,
(b) in respect of any plan or strategy to which paragraph (a) relates, to inform the Minister if, in the opinion of the Office, any such plan or strategy is not consistent with its observations and recommendations, especially where, in its opinion, failure to be so consistent would affect the overall strategy for proper planning and sustainable development of the area concerned,
(c) to conduct research, including research at the request of the Minister, as to what constitutes proper planning and sustainable development,
(d) to conduct education and training programmes and research as provided for by section 31Q,
(e) to conduct reviews under Chapter IV of the performance by the Board and by planning authorities of their respective functions,
(f) to oversee the delivery of effective planning services to the public by planning authorities including having regard to—
(i) any relevant indicator (within the meaning of Part 12A of the Local Government Act 2001) identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1) of that Act, or
(ii) regulations made by the Minister under section 134A(7) of the Local Government Act 2001,
(g) to prepare an annual report in accordance with section 31AH on the performance of its own functions,
(h) to prepare a strategy statement for the Office in accordance with section 31T,
(i) to make such observations as it considers appropriate to the Minister, or in its annual reports or otherwise, in relation to planning legislation, including:
(i) development plans, local area plans and regional spatial and economic strategies under Part II;
(ii) guidelines under section 28;
(iii) directions under section 31;
(iv) codes of conduct under section 31AL; and
(v) in so far as relates to planning matters to which paragraph (f) relates,
and
(j) to evaluate and assess strategic transport plans made by the National Transport Authority in accordance with section 12 of the Dublin Transport Authority Act 2008 and to issue a notice as provided for by subsection (10) of that section.
(2) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on the Office such additional functions connected with the functions for the time being of the Office as the Minister determines, subject to such conditions (if any) as may be specified in the order.
(b) An order under paragraph (a) may contain such incidental, supplementary and additional provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.
(3) In performing its functions, the Office shall take account of the objective of contributing to proper planning and sustainable development and the optimal functioning of planning under the Planning and Development Acts 2000 to 2018.]
Annotations
Amendments:
F252
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F253[Education, training and research functions
31Q.—(1) The Office shall conduct education and training programmes—
(a) for members of planning authorities and of regional assemblies in respect of—
(i) the role of such authorities, assemblies and their members under the Planning and Development Acts 2000 to 2018, including ministerial guidelines and policy directives under Chapter IV of Part II,
F254[(ia) the role of such members, authorities and assemblies in relation to guidelines under section 7 of the Maritime Area Planning Act 2021 and directives under section 8 of that Act,]
(ii) such matters relating to proper planning and sustainable development as the Minister may request, and
(iii) such other matters as the Office considers are of relevance to its functions, in particular, the functions relating to proper planning and sustainable development,
(b) for members of the staff of local authorities or regional assemblies in respect of—
F255[(i) such matters as the Minister may specify relating to—
(I) proper planning and sustainable development, and
(II) maritime spatial planning, and]
(ii) such other matters as the Office considers are of relevance to its functions, in particular, the functions relating to proper planning and sustainable development.
(2) The Office shall conduct research in relation to matters relevant to its functions as well as such other matters as may be requested of the Office by the Minister.
(3) The Office may enter into arrangements with any person or body that the Office considers to be suitably qualified, including any professional, educational or research organisation, to undertake the provision of such services that the Office sees fit to which paragraph (a) or (b) of subsection (1) or subsection (2) relates and that are relevant to its functions.
(4) The Office shall include in its annual report to the Minister under section 31AH a report on—
(a) education and training activities, and
(b) research activities,
undertaken by it in respect of the year to which that report relates.]
Annotations
Amendments:
F253
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F254
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 8(a), S.I. No. 488 of 2022.
F255
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 8(b), S.I. No. 488 of 2022.
F256[Performance of functions by Office
31R.—(1) Subject to this Part, the Office is independent in the performance of its functions.
(2) Subject to section 31O, the Office may perform any of its functions through any member of the staff of the Office duly authorised in that behalf—
(a) by the Planning Regulator, or
(b) to the extent provided for by the Planning Regulator under paragraph (a), by a director of the Office.]
Annotations
Amendments:
F256
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F257[Office to have regard to certain policies and objectives and to requirements
31S.—(1) The Office shall, in performing its functions, have regard to—
(a) the policies and objectives for the time being of the Government, a State authority (including Ministerial guidelines, policy directives and directions issued under Chapter IV of Part II), F258[or section 7 or 8 of the Maritime Area Planning Act 2021,] planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns, villages or other areas, whether urban or rural, F258[or maritime spatial planning,]
(b) the public interest and any effect the performance of the Office’s functions may have on issues of strategic, economic or social importance to the State,
(c) the National Planning Framework (or, where appropriate, the National Spatial Strategy) F258[, the National Marine Planning Framework] and any regional spatial and economic strategy for the time being in force, and
(d) the requirements of relevant acts of the European Union, in particular, those relating to—
(i) the Environmental Impact Assessment Directive,
(ii) Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment2,
(iii) the Habitats Directive, and
(iv) the Birds Directives,
in so far as those requirements relate to planning authorities by virtue of being designated as competent authorities for the purposes of those acts.
(2) In this section "public authority" means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section.]
Annotations
Amendments:
F257
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F258
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 9, S.I. No. 488 of 2022.
F259[Corporate strategy of Office
31T.—(1) The Planning Regulator shall prepare a strategy statement for the Office within 6 months of its establishment and thereafter not earlier than 6 months before and not later than the expiration of each subsequent period of 6 years following the establishment day.
(2) The strategy statement shall be prepared on the basis of an organisational wide strategic approach encompassing the functions and principal activities of the Office and shall include:
(a) a statement setting out the approach taken in respect of each of the Office’s functions referred to in section 31P;
(b) a statement of the principal activities of the Office;
(c) the objectives and priorities for each of the principal activities and strategies for achieving those objectives;
(d) the manner in which the Office proposes to assess its performance in respect of each such activity, taking account of indicators which shall be identified by the Office and of the need to work towards best practice in service delivery and in the general operation of the Office;
(e) human resources activities (including training and development) to be undertaken for the staff of the Office;
(f) the organisational structure of the Office, including corporate support and information technology and the improvements proposed to promote efficiency of operation and customer service and in general to support the strategy statement; and
(g) such other matters as the Planning Regulator considers necessary.
(3) Within 3 months of the preparation of the statement of strategy for the purposes of subsection (1), the Office shall cause copies of it to be submitted to the Minister and laid before each House of the Oireachtas.
(4) In this section "principal activities" includes the following:
(a) any observations and recommendations issued in respect of—
(i) the review of development plans,
(ii) variations of development plans,
(iii) the preparation and amendment of local area plans, and
(iv) the preparation of regional spatial and economic strategies;
(b) any plans and strategies made in a manner consistent with the observations and recommendations referred to in paragraph (a);
(c) any recommendations issued by the Office to the Minister that the Minister uses his or her powers of direction under section 31 or 31A as regards—
(i) the review of a development plan,
(ii) variations of development plans,
(iii) the preparation and amendment of local area plans, and
(iv) the preparation of a regional spatial and economic strategy;
(d) any directions issued in a manner consistent with the recommendations of the Planning Regulator;
(e) the research, education and training conducted;
(f) the reviews undertaken of the performance of planning functions of planning authorities and the Board.]
Annotations
Amendments:
F259
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C53
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 550(2), not commenced as of date of revision.
Corporate strategy
550.—(1) The Planning Regulator shall prepare a strategy statement for the Office within 6 months of the commencement of this section and thereafter not earlier than 6 months before and not later than the expiration of each subsequent period of 6 years following such commencement.
(2) Notwithstanding the repeal of section 31T of the Act of 2000 effected by section 6, a strategy statement prepared under that section that was in force immediately before such repeal shall remain in force after the commencement of this section pending the preparation of a strategy in accordance with subsection (1).
...
F260[Monitoring of performance of Office
31U.—(1) The Office shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and of the systems and procedures used by it in relation to the performance of its functions.
(2) The Minister may direct the Office in respect of matters referred to under subsection (5) where the Minister has requested information.
(3) Where the Minister gives a direction under subsection (2), the Office shall—
(a) report to the Minister the results of the review conducted pursuant to the direction, and
(b) comply with any direction the Minister may give in relation to all or any of the matters which were the subject of the review.
(4) The Office may make observations or submissions to the Minister as regards any matter pertaining to its functions.
(5) The Minister may consult with the Office as regards any matter pertaining to the performance of—
(a) the functions of the Office, or
(b) the functions assigned to the Minister by or under—
(i) the Planning and Development Acts 2000 to 2018, or
(ii) any other enactment in so far as those functions or the exercise of those functions relate or could relate to functions of the Office.]
Annotations
Amendments:
F260
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F261[Consultation between Minister and Planning Regulator
31V.—The Minister and the Planning Regulator shall, from time to time, consult with each other on matters relating to the functions of the Office and of the Planning Regulator.]
Annotations
Amendments:
F261
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F262[Appointment and term of office of Planning Regulator
31W.—(1) Subject to this section, the Planning Regulator shall be appointed by the Minister and shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as the Minister may determine with the consent of the Minister for Public Expenditure and Reform.
(2) A person shall not be appointed as the Planning Regulator unless—
(a) except where subsection (3) applies, the Public Appointments Service have, following holding a competition on behalf of the Office, selected him or her for nomination by the Minister to the Government for the purpose of approving his or her appointment as the Planning Regulator, and
(b) his or her appointment has upon nomination by the Minister been approved by the Government.
(3) Subsection (2)(a) does not apply to a person who would, if appointed, be serving a second consecutive term as the Planning Regulator.
(4) The Planning Regulator—
(a) shall be appointed in a wholetime capacity,
(b) shall be appointed for a term of office of 5 years or such shorter period where subsection (6)(b) applies, and
(c) shall not, at any time while holding office, hold any other office or employment in respect of which emoluments are made.
(5) A person shall not be appointed for a term of office as Planning Regulator more than twice, subject to any provision provided for by law relating to retirement that would apply to the person, but nothing in this paragraph shall be read as preventing a former planning regulator from being a member of the staff or, subject to the consent of the Minister for Public Expenditure and Reform where relevant, otherwise being employed by the Office.
(6) (a) The term of office of a person as Planning Regulator shall, except where paragraph (b) applies, be for the period of 5 years referred to in subsection (4)(b).
(b) Where, within the period of 5 years from the date of appointment as Planning Regulator, the person concerned would attain the age of 65 years and he or she is neither—
(i) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed having been previously appointed to a position in the public service (within that meaning) on or after 1 April 2004, nor
(ii) a Scheme member within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012,
then his or her term of office as Planning Regulator shall be such so that the term ceases upon his or her attaining the age of 65 years.
(7) As soon as practical after the appointment of a person as the Planning Regulator, the Minister shall cause a notice of the appointment to be published in Iris Oifigiúil.]
Annotations
Amendments:
F262
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C54
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 538(2), not commenced as of date of revision.
Planning Regulator
538.— …
(2) Notwithstanding the repeal of sections 31N and 31W of the Act of 2000 effected by section 6, the person who immediately before such repeal stood appointed as the Planning Regulator shall continue in office as the Planning Regulator in accordance with the terms and conditions of his or her appointment.
...
F263[Transitional provisions relating to Office
31X.—(1) Before the establishment day the Minister may request the Public Appointments Service to hold a competition for the purpose of having selected a person to be nominated to the Government for its approval of the appointment of the person by the Minister as the Planning Regulator and, accordingly—
(a) section 31W(2)(a) shall be deemed to have been complied with, whether or not any steps taken pursuant to that request occur on or after the establishment day, and
(b) where a person has been duly selected by the Public Appointments Service before the establishment day, then—
(i) the Service shall advise the Minister accordingly, and
(ii) the Minister may before, on or after that day nominate the person to the Government for its approval of the appointment of that person by the Minister and the appointment shall take effect on whichever of the following is the last to occur:
(I) the establishment day;
(II) the date the appointment is made.
(2) If with effect from the establishment day there is no Planning Regulator then the Minister may, on an interim basis and pending the appointment, appoint in writing a person to perform some or all of the functions of the Planning Regulator.
(3) Where the Minister has appointed a person in accordance with subsection (2) to perform functions of the Planning Regulator and the functions performable include the function of appointing a director under section 31Z, then, notwithstanding section 31Z(1), not more than one person shall at any time stand appointed as a director unless the Minister approves any further appointments.]
Annotations
Amendments:
F263
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F264[Resignation and removal of Regulator
31Y.—(1) A Planning Regulator may at any time resign his or her office by giving notice in writing to the Minister of his or her intention to resign and any such resignation shall take effect as of the date upon which the Minister receives notice of the resignation.
(2) The Planning Regulator may be removed from office by the Government if—
(a) in the opinion of the Government, the Regulator has become incapable through ill-health of effectively performing his or her functions,
(b) in the opinion of the Government, the Planning Regulator has committed stated misbehaviour,
(c) the Planning Regulator has been convicted on indictment by a court of competent jurisdiction and sentenced to imprisonment,
(d) the Planning Regulator is convicted of an offence involving fraud or dishonesty,
(e) the Planning Regulator is adjudicated bankrupt in the State or another jurisdiction and if so adjudicated, has not obtained a certificate of discharge from the bankruptcy in the State or that other jurisdiction, as appropriate, or
(f) the removal of the Planning Regulator appears to the Government to be necessary for the effective performance by the Office of its functions.
(3) Where the Planning Regulator is removed from office under this section, the Government shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.]
Annotations
Amendments:
F264
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F265[Directors
31Z.—(1) For the purpose of supporting the Planning Regulator and the Office in carrying out functions under this Part, the Planning Regulator—
(a) may appoint up to 3 persons but shall appoint at least one person,
(b) subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, may appoint such number of additional persons as may be specified,
each to be a director of the Office (in this section referred to as ‘director’) to perform such functions as are duly assigned to each of them.
(2) A director shall be a member of staff of the Office.
(3) The Planning Regulator shall designate one director to be deputy Planning Regulator. The deputy Planning Regulator shall perform and carry out the functions of the Planning Regulator in the absence of the Planning Regulator or when there is no Planning Regulator and references to the Planning Regulator shall be read accordingly.
(4) A director, on ceasing to be a member of the staff of the Office, shall be deemed to have vacated the position of director.]
Annotations
Amendments:
F265
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C55
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 557(6), not commenced as of date of revision.
Directors of Office
557.— …
(4) A director, on ceasing to be a member of the staff of the Office, shall be deemed to have vacated the position of director.
…
(6) Subject to subsection (4), a person who, immediately before the repeal of section 31Z of the Act of 2000, was a director of the Office shall, on and after such repeal, continue to be a director of the Office.
F266[Staff of Office
31AA.—The Planning Regulator shall appoint such and so many persons to be staff of the Office as the Planning Regulator, subject to the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform, as to the number —and grade of those staff, from time to time may determine, having regard to the need to ensure that an adequate number of staff are competent in the Irish language so as to enable the Office to provide service through Irish as well as English.]
Annotations
Amendments:
F266
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C56
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 559, not commenced as of date of revision.
Existing staff of Office
559.—Notwithstanding the repeal of section 31AA of the Act of 2000 effected by section 6, a person who was a member of staff of the Office appointed under that section immediately before such repeal shall be deemed to be a member of the staff of the Office—
(a) as if, on the commencement of this section, the Planning Regulator had appointed under section 558 the person to be a member of the staff of the Office for the remaining period of the person’s appointment under section 31AA of the Act of 2000, and
(b) on the same conditions (including those relating to termination of appointment) as those on which the person held office as such member of staff immediately before such repeal,
and this Act shall be construed accordingly.
F267[Membership of either House of Oireachtas, European Parliament or local authority
31AB.—(1) Where the Planning Regulator or a member of the staff of the Office—
(a) accepts a nomination as a member of Seanad Éireann,
(b) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament,
(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, or
(d) is elected or co-opted as a member of a local authority,
he or she shall thereupon—
(i) in the case of the Regulator, cease to be the Regulator, and
(ii) in the case of any member of the staff of the Office, stand seconded from employment by the Office and not be paid by, or be entitled to receive from, the Office any remuneration or allowances for expenses in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected or on such election or co-option, and ending when he or she ceases to be a member of either such House, a member of such Parliament or a member of the local authority.
(2) Without prejudice to the generality of subsection (1), that subsection shall be construed as prohibiting the reckoning of a period therein mentioned as service with the Office for the purpose of any superannuation benefits payable.
(3) A person who is for the time being—
(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,
(b) a member of the European Parliament, or
(c) entitled under the Standing Orders of a local authority to sit as a member thereof,
shall, while he or she is so entitled under paragraph (a) or (c) or is such a member under paragraph (b), be disqualified for being the Planning Regulator or a member of the staff of the Office.]
Annotations
Amendments:
F267
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F268[Members of staff of Office to be civil servants
31AC.—A member of the staff of the Office of the Planning Regulator shall be a civil servant (within the meaning of the Civil Service Regulation Act 1956) in the Civil Service of the State.]
Annotations
Amendments:
F268
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F269[Prohibition on disclosure of information relating to functions of Office
31AD.—(1) No person shall, without the consent of the Planning Regulator (which may be given to the person, subject to or without conditions, as regards any information, any particular information or any information of a particular class or description), disclose—
(a) any information obtained by him or her while serving as a member of the staff of, or consultant or adviser to, the Office or as a person whose services are availed of by the Office by virtue of section 31AI or 31AJ, or
(b) any information so obtained relative to the business of the Office or to the performance of its functions.
(2) A person who contravenes subsection (1) commits an offence.
(3) Nothing in subsection (1) shall prevent—
(a) disclosure of information in a report made to the Office or in a report made by or on behalf of the Office to the Minister,
(b) disclosure of information by any person in the course of and in accordance with the functions of his or her office,
(c) disclosure of information in accordance with the Freedom of Information Act 2014, or
(d) disclosure of information in accordance with the European Communities Act, 1972 (Access to Information on the Environment) Regulations 1998 (S.I. No. 125 of 1998), and any regulations amending or replacing those regulations.]
Annotations
Amendments:
F269
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F270[Liability of Planning Regulator or member of staff for acts and omissions
31AE.—Neither—
(a) the Planning Regulator or a former Planning Regulator, nor
(b) a present or former member of the staff of the Office,
is liable for damages for anything done, anything purported to be done or anything omitted to be done by him or her in performing a function under this Act, unless the act or omission is shown to have been done in bad faith.]
Annotations
Amendments:
F270
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F271[Grants to Office
31AF.—There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Office in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Public Expenditure and Reform and after consultation with the Office in relation to its programme of expenditure for that year, may fix.]
Annotations
Amendments:
F271
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F272[Accounts and audits of Office
31AG.—(1) The Office shall—
(a) submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be specified by the Minister, and
(b) provide to the Minister any information which the Minister may require regarding those estimates and also regarding the proposals and plans of the Office in respect of a period specified by the Minister.
(2) The Office shall keep, in such form and in respect of such accounting periods as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts of moneys received and spent by the Office, including an income and expenditure account and a balance sheet.
(3) (a) The Planning Regulator and any relevant member of the staff of the Office shall, whenever so required by the Minister, permit any person appointed by the Minister to examine the accounts of the Office in respect of any financial year or other period and shall facilitate any such examination, and the Office shall pay to the Minister such fee for the examination as may be fixed by the Minister.
(b) In this subsection ‘relevant member of the staff’ means a member of the staff of the Office to whom duties relating to those accounts have been duly assigned.
(4) (a) The accounts of the Office shall be approved by the Planning Regulator as soon as is practicable (but not later than 3 months after the end of the accounting period to which they relate) and submitted by it to the Comptroller and Auditor General for audit.
(b) A copy of the accounts and the report of the Comptroller and Auditor General on them shall be presented to the Planning Regulator and the Minister as soon as is practicable, and the Minister shall cause a copy of the accounts and report to be laid before each House of the Oireachtas.]
Annotations
Amendments:
F272
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F273[Annual report of Office
31AH.—(1) The Office shall, not later than the 30th day of June in each year, prepare an annual report, which shall include information on the performance of its functions and its principal activities during the preceding year, including any matter to which section 31Q relates, and such other matters as the Minister may specify to the Office in writing.
(2) The Planning Regulator shall cause a copy of the annual report to be laid before each House of the Oireachtas and shall cause a copy to be sent to the relevant Oireachtas Committee.
(3) The Planning Regulator shall, at the request in writing of the relevant Oireachtas Committee, attend before it to account for matters in relation to its annual report.
(4) In this section "relevant Oireachtas Committee" means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas to which has been duly assigned the role of examining matters relating to environment and planning (other than the Committee of Public Accounts or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a sub-committee of such a relevant Oireachtas Committee.]
Annotations
Amendments:
F273
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F274[Provision of services and resources by Minister to Office
31AI.—(1) For the purposes of enabling the Office to perform its functions, the Minister may provide services (including services of staff either on secondment or a permanent basis) to the Office on such terms and conditions (including payment for such services) as may be agreed, after consultation with the Minister for Public Expenditure and Reform, and the Office may avail of such services.
(2) The Office may provide services (including services of staff) to the Minister on such terms and conditions (including payment for such services) as may be agreed, after consultation with the Minister for Public Expenditure and Reform, and the Minister may avail of such services.
(3) Without prejudice to the generality of subsection (1), the Minister may make available or cause to be made available to the Office, on a request being made by the Planning Regulator, premises, equipment, services and other resources for the purpose of the performance by the Office of its functions as the Office may determine from time to time in consultation with the Minister and the Minister for Public Expenditure and Reform.
(4) The Minister may, subject to the agreement with the relevant chief executive (by whatever name called) of any public body under the Minister’s aegis, including any local authority, provide for the provision of services under subsection (3).]
Annotations
Amendments:
F274
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C57
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 567(5), not commenced as of date of revision.
Reciprocal provision of services and resources by Minister and Office
567.— …
(5) Notwithstanding the repeal of section 31AI of the Act of 2000 effected by section 6, services and resources provided to—
(a) the Office by the Minister under that section and available to the Office immediately before such repeal, or
(b) the Minister by the Office and available to the Minister immediately before such repeal,
shall continue to be available to the Office or the Minister, as the case may be, without the requirement for a new grant of such services or resources under this section.
F275[Service providers
31AJ.—(1) The Office may from time to time engage such consultants or advisers as it considers necessary for the performance of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Office out of moneys at its disposal.
(2) The Office shall include in each report made under section 31AH a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.]
Annotations
Amendments:
F275
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F276[Fees payable to Office
31AK.—(1) The Office of the Planning Regulator may determine fees that may be charged in relation to any matter referred to in subsection (2), subject to the approval of the Minister, and a fee as so determined shall be payable to the Office by any person concerned as appropriate, and different fees may be provided for in respect of different matters.
(2) The matters in relation to which the Office of the Planning Regulator may determine fees under subsection (1) are in respect of reasonable costs for the provision or undertaking of—
(a) education and training programmes,
(b) research programmes, and
(c) any other services, subject to the approval of the Minister.
(3) Notwithstanding subsection (2), the Office may, subject to the approval of the Minister, provide for the payment of different fees in relation to different matters referred to in subsection (2), for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances.]
Annotations
Amendments:
F276
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C58
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 568(4), not commenced as of date of revision.
Fees payable to Office
568.— …
(4) Notwithstanding the repeal of section 31AK of the Act of 2000 effected by section 6, fees determined to be payable under that section immediately before such repeal shall remain the fees payable for the matters concerned upon the commencement of this section pending the determination of new fees under subsection (1).
F277[Code of conduct
31AL.—(1) (a) The Office shall adopt a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business which is required to be followed by those persons referred to in subsection (3).
(b) A code of conduct under this section shall be subject to the approval of the Minister and be adopted within one year of the establishment day.
(2) A code of conduct shall consist of a written statement setting out the policy of the Office on at least the following matters:
(a) disclosure of interests and relationships where the interests and relationships are of relevance to the work of the Office, as appropriate;
(b) membership of other organisations, associations and bodies, professional or otherwise;
(c) membership of, or other financial interests in, companies, partnerships or other bodies;
(d) undertaking work, not being work on behalf of the Office both during and after any period of employment with the Office, whether as a consultant, adviser or otherwise;
(e) acceptance of gifts, sponsorship, considerations or favours;
(f) disclosure of information concerning matters pertaining to the work of the Office, as appropriate;
(g) following of best practice to be adopted in relation to the functions of the Office including the procedures for the provision of observations, submissions or recommendations in accordance with this Act in relation to—
(i) the review, making and variation of development plans,
(ii) the review, making and amendment of local area plans,
(iii) the review, making and amendment of regional spatial and economic strategies, and
(iv) the disclosure by the Planning Regulator, staff of the Office or persons to whom section 31AJ relate of any representations relating to the work or functions of the Office made to the Planning Regulator, to any such staff member or person, whether in writing or otherwise in relation to those matters.
(3) The code of conduct adopted by the Office applies—
(a) to the Planning Regulator,
(b) to a member of the staff of the Office, or
(c) to the extent indicated in the code of conduct, to any person or class or classes of persons to whom section 31AJ relates,
and the code of conduct shall be complied with by each person to the extent that it relates to him or her or has been duly applied to him or her.]
Annotations
Amendments:
F277
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C59
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 569(2), not commenced as of date of revision
Code of conduct
569. …
(2) Notwithstanding the repeal of section 31AL of the Act of 2000 effected by section 6, a code of conduct prepared under that section that was in force immediately before the commencement of this section shall remain in force after the commencement of this section pending the preparation of a code in accordance with subsection (1).
...
F278[Chapter III
Evaluation and assessment carried out by Office of the Planning Regulator]
Annotations
Amendments:
F278
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F279[Evaluation and assessment by Office of matters relating to development plans
31AM.—(1) The Office shall evaluate and assess, at least at a strategic level—
(a) a notice given under subsection (2) of section 11 by a planning authority to the Office for the purposes of that section of the intention of the planning authority to review its existing development plan,
(b) a notice and a copy of the draft development plan sent to the Office under subsection (1)(a) of section 12 by the planning authority concerned for the purpose of that section,
(c) a notice given under section 12(5)(aa) by the planning authority concerned to the Office in respect of a draft development plan,
(d) a notice given to the Office by a planning authority under section 12(7)(a), together with the proposed amendment that would, if made, be a material alteration of the draft development plan concerned,
(e) a notice sent together with the copy of any proposed variation of the development plan concerned sent to the Office under subsection (2)(a) of section 13 by the planning authority concerned for the purpose of that section,
(f) a notice given under section 13(5)(aa) by the planning authority concerned to the Office in respect of a proposed variation of a development plan,
and the Office may make such observations or submissions for the purposes of the relevant provision.
(2) In assessing and evaluating any requirement to which subsection (1) relates, the Office shall endeavour to ensure that, where appropriate, it addresses the legislative and policy matters relating to development plans as follows:
(a) matters generally within the scope of section 10 and, in particular, subsection (2)(n) of that section in relation to climate change;
(b) F280[consistency of the development plan with the National Planning Framework] (or, where appropriate, the National Spatial Strategy) F281[and the National Marine Planning Framework] and regional spatial and economic strategies;
(c) relevant guidelines for planning authorities made under section 28, including the consistency of development plans with any specific planning policy requirements specified in those guidelines;
(d) policy directives issued under section 29;
(e) such other legislative and policy matters as the Minister may communicate to the Office in writing, the effect of which shall be published on the website of the Office.
(3) In making observations or submissions for the purposes of the provisions referred to in subsection (1), or observations or submissions in respect of any evaluation or assessment to which subsection (2) relates, the Office shall—
(a) make to the relevant planning authority such recommendations in relation to the Office’s evaluation and assessments as it considers necessary to ensure effective co-ordination of national, regional and local planning requirements by the relevant planning authority in the discharge of its development planning functions, and
(b) send to the Minister a copy of any such observations or submissions, together with any recommendations made.
(4) The report of the chief executive of the planning authority prepared for the elected members under—
(a) section 11(4), in respect of the preparation of a new development plan,
(b) subsection (4) or (8) of section 12 in respect of a draft development plan, or
(c) section 13(4) in respect of a variation of a development plan,
shall—
(i) summarise the issues raised in the observations or submissions, including recommendations, made by the Office in relation to the Office’s evaluation and assessments under subsection (1),
(ii) outline the recommendations of the chief executive in relation to the manner in which those issues and recommendations should be addressed, taking account of the proper planning and sustainable development of the area, and
(iii) make the report available on the website of the planning authority as soon as practicable following submission to the members of the authority.
(5) A regional assembly shall send to the Office, a copy of—
(a) any observation or submissions, including recommendations, it makes to a planning authority under section 27A(1) in respect of the review of an existing development plan,
(b) any observation or submissions, including recommendations, it makes to a planning authority under section 27B(1) in respect of a draft development plan,
(c) any observation or submissions, including recommendations, it makes to a planning authority under section 27C(1) in respect of a proposed variation F280[of a development plan].
(6) A planning authority shall notify the Office within 5 working days of the making of a development plan or a variation to a development plan and send a copy of the written statement and maps as duly made and where the planning authority—
(a) decides not to comply with any recommendations made in the relevant report of the Office, or
(b) otherwise make the plan in such a manner as to be inconsistent with any recommendation made by the Office,
then the chief executive shall inform the Office accordingly in writing, which notice shall state reasons for the decision of the planning authority.
(7) Where paragraph (a) or (b) of subsection (6) applies, the Office shall consider whether or not the development plan as made, or the variation of it, by the planning authority is, in the Office’s opinion, consistent with any recommendations made by the Office.
(8) Where subsequent to any consideration for the purposes of subsection (7), the Office is of the opinion that—
(a) the development plan or the variation of it, as the case may be, has not been made in a manner consistent with the recommendations of the Office,
(b) that the decision of the planning authority concerned results in the making of a development plan, or its variation, in a manner that fails to set out an overall strategy for the proper planning and sustainable development of the area concerned, and
(c) as a consequence of paragraphs (a) and (b), the use by the Minister of his or her functions to issue a direction under section 31 would be merited,
then the Office shall issue, no later than 4 weeks after the development plan or the variation to the development plan is made, a notice to the Minister containing—
(i) recommendations that the Minister exercise his or her function to take such steps as to rectify the matter in a manner that, in the opinion of the Office, will ensure that the development plan, or the development plan as varied by the planning authority, sets out an overall strategy for proper planning and sustainable development, and
(ii) a proposed draft of a direction to which paragraph (c) would relate.
(9) A copy of the notice issued to the Minister under subsection (8) shall be made available by the Office on its website.]
F282[(9A) During the period beginning on the date on which section 6 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023—
(a) subsection (1) shall be construed and have effect as if the following paragraph were inserted after paragraph (a):
"(aa) a notice given under section 11D(3) by a planning authority to the Office for the purposes of that section of the intention of the planning authority to extend the duration of its existing development plan,",
(b) subsection (4) shall be construed and have effect as if the following paragraph were inserted after paragraph (a):
"(aa) section 11D(5), in respect of an extension of the duration of an existing development plan,", and
(c) subsection (5) shall be construed and have effect as if the following paragraph were inserted after paragraph (c):
"(d) any observations or submissions it makes to a planning authority under section 27D(2) in respect of the extension of the duration of an existing development plan.".]
Annotations
Amendments:
F279
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F280
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 6(a), (b), commenced on enactment.
F281
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 10, S.I. No. 488 of 2022.
F282
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 6, S.I. No. 365 of 2021.
F283[Consequential provisions to section 31AM
31AN.—(1) The Minister shall consider the recommendations of the Office in the notice issued under section 31AM and—
(a) where the Minister agrees with that notice, then the Minister shall proceed, pursuant to section 31, to issue a notice for the purposes of subsections (3) and (4) of that section having taken account of the proposed draft direction submitted by the Office, or
(b) where the Minister does not so agree with the Office, then the Minister shall—
(i) prepare a statement in writing of his or her reasons for not agreeing,
(ii) cause that statement to be laid before each House of the Oireachtas, and
(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning and Local Government.
F284[(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]
(3) Where the Minister issues a notice under section 31 for the purposes of subsections (3) and (4) of that section—
(a) the notice shall specify that the report of the chief executive on the submissions on the draft direction shall be made to the Office, and
(b) the chief executive shall act accordingly.
F284[(4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall, no later than 3 weeks after receipt of that report—
(a) recommend to the Minister that he or she issue the direction with or without minor amendments, or
(b) for stated reasons, where the Office is of the opinion that—
(i) a material amendment to the draft direction may be required,
(ii) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or
(iii) it is necessary for any other reason,
appoint a person to be an inspector.]
F285[(4A) The Minister shall consider a recommendation of the Office under subsection (4)(a) that he or she issue a direction with or without minor amendments and—
(a) where the Minister agrees with the recommendation, the Minister shall, no later than 6 weeks after receipt of the recommendation, subject to subsection (16), issue the direction under section 31 with or without minor amendments, or
(b) where the Minister does not so agree with the recommendation, then the Minister shall—
(i) prepare a statement in writing of his or her reasons for not agreeing,
(ii) cause that statement to be laid before each House of the Oireachtas, and
(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.
(4B) As soon as practicable after a statement has been prepared under subsection (4A)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]
(5) An inspector appointed under subsection (4) shall—
(a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and
(b) be independent in the performance of those functions.
(6) The inspector—
(a) shall review the draft direction, the report of the chief executive furnished and any submissions made,
(b) shall consult with the chief executive and elected members of the planning authority,
(c) may consult with the regional assembly and persons who made submissions, and
(d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office.
(7) Copies of the report of the inspector under subsection (6) shall—
(a) be furnished without delay by the Office to the chief executive F286[and the Cathaoirleach of the planning authority] and, where relevant, to the regional assembly, and
(b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions.
(8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after—
(a) where subsection (7)(a) applies, the report was furnished to him or her, or
(b) where subsection (7)(b) applies, the report was made available to him or her.
(9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons—
(a) to issue the direction,
(b) not to issue the direction, or
(c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate:
(i) recommendations contained in the report of the inspector;
(ii) any submissions made,
and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31 with or without minor amendments.
F286[(9A) Where the Minister does not agree with a recommendation of the Office under subsection (9) where paragraph (a) or (c) of that subsection applies, then the Minister shall—
(a) prepare a statement in writing of his or her reasons for not agreeing,
(b) cause that statement to be laid before each House of the Oireachtas, and
(c) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.
(9B) As soon as practicable after a statement has been prepared under subsection (9A), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]
(10) A copy of the recommendations to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant planning authority.
(11) From the adoption of a development plan—
(a) such provisions as—
(i) are required to be included in a development plan by virtue of a direction issued by the Minister under section 31, and
(ii) are not so included,
shall be deemed to be included in that development plan, and
(b) such provisions of the development plan as do not comply with a direction so issued shall be deemed not to be included in that development plan.
(12) F287[…]
(13) F287[…]
(14) A copy of the direction issued by the Minister under section 31 shall be copied to the Office and made available on its website.
(15) F287[…]
(16) (a) Where the giving of a direction by the Minister in accordance with F288[subsection (4A) or (9)] would require the making of a material alteration to a development plan, the Minister shall, not later than 3 weeks after the making of the recommendation by the Office under that subsection—
(i) publish a notice of the material alteration that would be so required in at least one newspaper circulating in the administrative area of the local authority that prepared the development plan, and
(ii) send a copy of that notice to the planning authority concerned, the regional assembly concerned, the Office, the Board and the prescribed authorities.
(b) The Minister shall, before giving a direction in accordance with F288[subsection (4A) or (9)]), determine—
(i) whether or not a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a development plan that would be required in order to comply with the direction, and
(ii) where he or she determines that a strategic environmental assessment or an appropriate assessment is so required, the period that it would take to carry out such strategic environmental assessment or appropriate assessment.
(c) Where the Minister makes a determination under paragraph (b) that a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a development plan that would be required in order to comply with the direction, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative area of the local authority that prepared the development plan concerned.
(d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the development plan concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection—
(i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and
(ii) on the internet website of the Minister and the internet website of the planning authority concerned.
(e) A notice to which paragraph (c) applies shall—
(i) state that a determination under paragraph (b) has been made for the purposes of giving a direction in accordance with F288[subsection (4A) or (9)],
(ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the development plan concerned will be made available for inspection by members of the public,
(iii) state that such copies will be available for inspection on the internet website of the Minister and the internet website of the planning authority concerned,
(iv) invite written submissions or observations with respect to the proposed material alteration or a strategic environmental assessment or appropriate assessment required to be carried out by virtue of the said determination to be made to the Minister before the expiration of such period as specified in the notice, and
(v) that any such submissions or observations shall be taken into account by the Minister in giving a direction in accordance with F288[subsection (4A) or (9)].
(f) The Minister shall carry out a strategic environmental assessment, appropriate assessment, or both, of the proposed material alteration of the development plan within the period determined by the Minister in accordance with paragraph (b).
(g) The Minister shall, not later than 8 weeks after the publication of a notice under paragraph (c), prepare a report on any submissions or observations received in accordance with that notice.
(h) A report under paragraph (g) shall—
(i) specify the persons who made submissions or observations in accordance with the notice under paragraph (c),
(ii) provide a summary of those submissions and observations, and
(iii) set out the response of the Minister to those submissions and observations.
(i) The Minister shall, in setting out his or her response to submissions or observations in accordance with the notice under paragraph (c), take account of the following:
(i) the proper planning and sustainable development of the area to which the proposed development plan is intended to apply,
(ii) the duties under statute of the local authority within whose administrative area the proposed development plan is intended to apply,
(iii) the necessity of ensuring that the proposed development plan will be consistent with—
(I) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy,
(II) specific planning policy requirements specified in guidelines under section 28(1), and
(III) policies or objectives for the time being of the Government or of any Minister of the Government.]
Annotations
Amendments:
F283
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F284
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 7(a), (b), commenced on enactment, subject to transitional provision in s. 41(2), not commenced as of date of revision.
F285
Inserted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 7(c), commenced on enactment, subject to transitional provision in s. 41(3), not commenced as of date of revision.
F286
Inserted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 7(d), (e), commenced on enactment, subject to transitional provision in s. 41(4), not commenced as of date of revision.
F287
Deleted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 7(f), commenced on enactment.
F288
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 7(g), commenced on enactment.
F289[Evaluation and assessment by Office of matters relating to local area plans
31AO.—(1) The Office shall evaluate and assess, at least at a strategic level—
(a) a notice given under subsection (3)(a)(i) of section 20 by a planning authority to that Office of a proposal to make, amend or revoke a local area plan for the purposes of that section,
(b) a notice sent to that Office under subsection (3)(e) of section 20 by a planning authority relating to a material alteration to a local area plan (including, where sent, a copy of the proposed material alteration) for the purposes of that section,
and the Office may make such submissions or observations, recommendations or reports as provided for by the relevant provision.
(2) In assessing and evaluating any requirement to which subsection (1) relates, the Office shall endeavour to ensure that, where appropriate, it addresses the legislative and policy matters relating to the following:
(a) matters generally within the scope of section 19;
(b) consistency with the objectives of the relevant development plan, its core strategy, any regional spatial and economic strategy that applies to the area and the transport strategy of the National Transport Authority;
(c) relevant guidelines for planning authorities made under section 28;
(d) policy directives issued under section 29;
(e) such other matters as the Minister may prescribe under section 262 or otherwise prescribe.
(3) In making observations or submissions for the purposes of the provisions referred to in subsection (1), or observations or submissions in respect of any evaluation or assessment to which subsection (2) relates, the Office shall—
(a) make to the relevant planning authority such recommendations in relation to the Office’s evaluation and assessments as it considers necessary to ensure effective co-ordination of national, regional and local planning requirements by the relevant planning authority in the discharge of its development planning functions, and
(b) send to the Minister a copy of any such observations or submissions, together with any recommendations made.
(4) The report of the chief executive of the planning authority prepared for the elected members under section 20, in respect of the preparation, amendment or revocation of a local area plan, shall—
(a) summarise the issues raised in the submissions or observations, including recommendations, made by the Office in relation to the Office’s evaluation and assessments under subsection (1),
(b) outline the recommendations of the chief executive in relation to the manner in which those issues and recommendations should be addressed, taking account of the proper planning and sustainable development of the area, and
(c) make the report available on the website of the planning authority following the decision of the elected members.
(5) A planning authority shall notify the Office within 5 working days of the making of a local area plan or an amendment to a local area plan and send a copy of the written statement and maps as made and where the planning authority—
(a) decides not to comply with any recommendations made in the relevant report of the Office, or
(b) otherwise make the plan in such a manner as to be inconsistent with any recommendation made by the Office,
then the chief executive shall inform the Office accordingly in writing, which notice shall state reasons for the decision of the planning authority.
(6) Where paragraph (a) or (b) of subsection (5) applies, the Office shall consider whether or not the local area plan as made, amended or revoked by the planning authority is, in the opinion of the Office, consistent with any recommendations made by the Office.
(7) Where subsequent to any consideration for the purposes of subsection (6), the Office is of the opinion that—
(a) the local area plan has not been made, amended or revoked, as the case may be, in a manner consistent with the recommendations of the Office,
(b) that the decision of the planning authority concerned results in the making of a local area plan, or its amendment or revocation, as the case may be, in a manner that is inconsistent with the development plan of the area concerned, and
(c) as a consequence of paragraphs (a) and (b), the use by the Minister of his or her functions to issue a direction under section 31 would be merited,
then the Office shall issue, no later than 4 weeks after the local area plan has been made, amended or revoked, as the case may be, a notice to the Minister containing—
(i) recommendations that the Minister exercise his or her function to take such steps as to rectify the matter in a manner that, in the opinion of the Office, will ensure that the local area plan, or the local area plan F290[as amended by the planning authority], sets out an overall strategy for proper planning and sustainable development, and
(ii) a proposed draft of a direction to which paragraph (c) would relate.
(8) A copy of the notice issued to the Minister under subsection (7) shall be made available by the Office on its website.]
Annotations
Amendments:
F289
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F290
Substituted (4.11.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 8, S.I. No. 550 of 2022.
F291[Consequential provisions to section 31AO
31AP.—(1) The Minister shall consider the recommendations of the Office in the notice issued under section 31AO, and—
(a) where the Minister agrees with that notice then the Minister shall proceed, pursuant to section 31, to issue a notice for the purposes of subsections (3) and (4) of that section having taken account of the proposed draft direction submitted by the Office, or
(b) where the Minister does not so agree with the Office, then the Minister shall—
(i) prepare a statement in writing of his or her reasons for not agreeing,
(ii) cause that statement to be laid before each House of the Oireachtas, and
(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning and Local Government.
(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office and to the planning authority concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.
(3) Where the Minister issues a notice under section 31 for the purposes of subsections (3) and (4) of that section—
(a) the notice shall specify that the chief executive’s report on the submissions on the draft direction shall be made to the Office, and
(b) the chief executive shall act accordingly.
F292[(4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall, no later than 3 weeks after receipt of that report—
(a) recommend to the Minister that he or she issue the direction with or without minor amendments, or
(b) for stated reasons, where the Office is of the opinion that—
(i) a material amendment to the draft direction may be required,
(ii) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or
(iii) it is necessary for any other reason,
appoint a person to be an inspector.]
F293[(4A) The Minister shall consider a recommendation of the Office under subsection (4)(a) that he or she issue a direction with or without minor amendments and—
(a) where the Minister agrees with the recommendation, then the Minister shall, no later than 6 weeks after receipt of the recommendation, subject to subsection (16), issue the direction under section 31 with or without minor amendments, or
(b) where the Minister does not so agree with the recommendation, then the Minister shall—
(i) prepare a statement in writing of his or her reasons for not agreeing,
(ii) cause that statement to be laid before each House of the Oireachtas, and
(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.
(4B) As soon as practicable after a statement has been prepared under subsection (4A)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]
(5) An inspector appointed under subsection (4) shall—
(a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and
(b) be independent in the performance of those functions.
(6) The inspector—
(a) shall review the draft direction, the report of the chief executive furnished and any submissions made,
(b) shall consult with the chief executive and elected members of the planning authority,
(c) may consult with the regional assembly and persons who made submissions, and
(d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office.
(7) Copies of the report of the inspector under subsection (6) shall—
(a) without delay be furnished by the Office to the chief executive F294[and the Cathaoirleach of the planning authority] and, where relevant, to the regional assembly, and
(b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions.
(8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after—
(a) where subsection (7)(a) applies, the report was furnished to him or her, or
(b) where subsection (7)(b) applies, the report was made available to him or her.
(9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons—
(a) to issue the direction,
(b) not to issue the direction, or
(c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate:
(i) recommendations contained in the report of the inspector;
(ii) any submissions made,
and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31 with or without minor amendments.
F295[(9A) Where the Minister does not agree with a recommendation of the Office under subsection (9) where paragraph (a) or (c) of that subsection applies, then the Minister shall—
(a) prepare a statement in writing of his or her reasons for not agreeing,
(b) cause that statement to be laid before each House of the Oireachtas, and
(c) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.
(9B) As soon as practicable after a statement has been prepared under subsection (9A), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]
(10) A copy of the recommendations to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant planning authority.
(11) From the adoption of a local area plan—
(a) such provisions as—
(i) are required to be included in the local area plan by virtue of a direction issued by the Minister under section 31, and
(ii) are not so included,
shall be deemed to be included in that local area plan, and
(b) such provisions of the local area plan as do not comply with a direction so issued shall be deemed not to be included in that local area plan.
(12) F296[…]
(13) F296[…]
(14) A copy of the direction issued by the Minister under section 31 shall be copied to the Office and made available on its website.
(15) F296[…]
(16) (a) Where the giving of a direction by the Minister in accordance with F297[subsection (4A) or (9)] would require the making of a material alteration to a local area plan, the Minister shall, not later than 3 weeks after the making of the recommendation by the Office under that subsection—
(i) publish a notice of the material alteration that would be so required in at least one newspaper circulating in the administrative area of the local authority that prepared the local area plan, and
(ii) send a copy of that notice to the planning authority concerned, the regional assembly, the Office, the Board and the prescribed authorities.
(b) The Minister shall, before giving a direction in accordance with F297[subsection (4A) or (9)], determine—
(i) whether or not a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a local area plan that would be required in order to comply with the direction, and
(ii) where he or she determines that a strategic environmental assessment or an appropriate assessment is so required, the period that it would take to carry out such strategic environmental assessment or appropriate assessment.
(c) Where the Minister makes a determination under paragraph (b) that a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a local area plan that would be required in order to comply with the direction, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative area of the local authority that prepared the local area plan concerned.
(d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the local area plan concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection—
(i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and
(ii) on the internet website of the Minister and the internet website of the planning authority concerned.
(e) A notice to which paragraph (c) applies shall—
(i) state that a determination under paragraph (b) has been made for the purposes of giving a direction in accordance with F297[subsection (4A) or (9)],
(ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the local area plan concerned will be made available for inspection by members of the public,
(iii) state that such copies will be available for inspection on the internet website of the Minister and the internet website of the planning authority concerned,
(iv) invite written submissions or observations with respect to the proposed material alteration or a strategic environmental assessment or appropriate assessment required to be carried out by virtue of the said determination to be made to the Minister before the expiration of such period as specified in the notice, and
(v) that any such submissions or observations shall be taken into account by the Minister in giving a direction in accordance with F297[subsection (4A) or (9)].
(f) The Minister shall carry out a strategic environmental assessment, appropriate assessment, or both, of the proposed material alteration of the local area plan within the period determined by the Minister in accordance with paragraph (b).
(g) The Minister shall, not later than 8 weeks after the publication of a notice under paragraph (c), prepare a report on any submissions or observations received in accordance with that notice.
(h) A report under paragraph (g) shall—
(i) specify the persons who made submissions or observations in accordance with the notice under paragraph (c),
(ii) provide a summary of those submissions and observations, and
(iii) set out the response of the Minister to those submissions and observations.
(i) The Minister shall, in setting out his or her response to submissions or observations in accordance with the notice under paragraph (c), take account of the following:
(i) the proper planning and sustainable development of the area to which the proposed local area plan is intended to apply,
(ii) the duties under statute of the local authority within whose administrative area the proposed local area plan is intended to apply,
(iii) the necessity of ensuring that the proposed local area plan will be consistent with—
(I) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy,
(II) specific planning policy requirements specified in guidelines under section 28(1), and
(III) policies or objectives for the time being of the Government or of any Minister of the Government.]
Annotations
Amendments:
F291
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F292
Substituted (4.11.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 9(a), S.I. No. 550 of 2022, subject to transitional provision in s. 41(5), not commenced as of date of revision.
F293
Inserted (4.11.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 9(b), S.I. No. 550 of 2022, subject to transitional provisions in s. 41(6), (7), not commenced as of date of revision.
F294
Inserted (4.11.32022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 9(c), S.I. No. 550 of 2022.
F295
Inserted (4.11.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 9(d), S.I. No. 550 of 2022.
F296
Deleted (4.11.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 9(e), S.I. No. 550 of 2022.
F297
Substituted (4.11.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 9(f), S.I. No. 550 of 2022.
F298[Evaluation and assessment by Office of matters relating to regional spatial and economic strategies
31AQ.—(1) The Office shall evaluate and assess, at a strategic level—
(a) a notice given under subsection (2) of section 24 by a regional assembly to that Office for the purposes of that section of the intention of the regional assembly to make a regional spatial and economic strategy,
(b) a notice and a copy of the draft of the regional spatial and economic strategy sent to the Office under subsection (4)(a) of section 24 by the regional assembly concerned for the purpose of that section,
and the Office may make such submissions or observations as provided for by section 24.
(2) In assessing and evaluating any requirement to which subsection (1) relates, the Office shall endeavour to ensure that, where appropriate, it addresses the legislative and policy matters relating to the following:
(a) matters generally within the scope of section 23 and, in particular, subsection (2)(c)(viii) of that section in relation to climate change;
(b) consistency with the regional spatial and economic strategies and the National Planning Framework (or, where appropriate, the National Spatial Strategy) F299[and the National Marine Planning Framework] and the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which they are made, in accordance with the principles of proper planning and sustainable development;
(c) relevant guidelines for planning authorities made under section 28;
(d) policy directives issued under section 29;
(e) in respect of a regional assembly or local authorities to which the Greater Dublin Area (GDA) relates, consistency with regional spatial and economic strategies and the transport strategy of the National Transport Authority;
(f) such other matters as the Minister may prescribe under section 262 or otherwise prescribe.
(3) In making observations or submissions for the purposes of the provisions referred to in subsection (1), or observations or submissions in respect of any evaluation or assessment to which subsection (2) relates, the Office shall—
(a) make observations and recommendations to the regional assembly concerned in relation to the Office’s evaluation and assessments as it considers necessary to ensure effective co-ordination of national, regional and local planning requirements by the relevant regional assembly, and
(b) send to the Minister a copy of any such observations or submissions, together with any recommendations made.
(4) The report of the director of the regional assembly prepared for the members of the regional assembly under Chapter III of Part II shall, in so far as it relates to the preparation of the draft regional spatial and economic strategy—
(a) summarise the issues raised in the submissions or observations, including recommendations, made by the Office in relation to the Office’s evaluation and assessments under subsection (1),
(b) outline the recommendations of the director of the regional assembly in relation to the manner in which those issues and recommendations should be addressed, taking account of—
(i) the National Planning Framework (or, where appropriate, the National Spatial Strategy) and the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which it is made, and
(ii) the principles of proper planning and sustainable development,
and
(c) make the report available on the website of the regional assembly.
(5) A regional assembly shall notify the Office within 5 working days of the making of a regional spatial and economic strategy and send a copy of the strategy where the regional assembly—
(a) decides not to comply with any recommendations made in the relevant report of the Office, or
(b) otherwise make the strategy in such a manner as to be inconsistent with any recommendations made by the Office,
then the director of the regional assembly shall inform the Office accordingly in writing, which notice shall state the reasons for the decision of the regional assembly.
(6) Where paragraph (a) or (b) of subsection (5) applies, the Office shall consider whether or not the strategy as made by the regional assembly is, in its opinion, consistent with any recommendations made by the Office.
(7) Where subsequent to any consideration for the purposes of subsection (6), the Office is of the opinion that—
(a) the regional and spatial economic strategy has not been made in a manner consistent with the recommendations of the Office,
(b) that the decision of the regional assembly concerned results in the making of a regional spatial and economic strategy that is inconsistent with the National Planning Framework (or, where appropriate, the National Spatial Strategy) and the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which it is made, and not in accordance with the principles of proper planning and sustainable development, and
(c) as a consequence of paragraphs (a) and (b), the use by the Minister of his or her functions under section 31 would be merited,
then the Office shall issue, no later than 4 weeks after the regional spatial and economic strategy is made, a notice to the Minister containing—
(i) recommendations that the Minister exercise his or her function to take such steps as to rectify the matter in a manner that, in the opinion of the Office, will ensure the strategy is made consistent with—
(I) the National Planning Framework (or, where appropriate, the National Spatial Strategy), and
(II) the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which it is made,
and is in accordance with the principles of proper planning and sustainable development, and
(ii) a proposed draft of a direction to which paragraph (c) would relate.
(8) A copy of the notice issued to the Minister under subsection (7) shall be made available by the Office on its website.]
Annotations
Amendments:
F298
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F299
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 11, S.I. No. 488 of 2022.
Modifications (not altering text):
C60
Application of section restricted (15.07.2019) by Local Government Rates and Other Matters Act 2019 (24/2019), s. 23(1), S.I. No. 355 of 2019.
Certain regional spatial and economic strategies
23. (1) Notwithstanding paragraphs (a) and (b) of Article 2 of the Planning and Development (Amendment) Act 2018 (Commencement) Order 2019 (S.I. No. 133 of 2019)—
(a) sections 31AQ and 31AR (inserted by section 4 of the Act of 2018) of the Act of 2000, and
(b) the specified amendment,
shall, in so far only as they apply in relation to a relevant instrument, be deemed never to have come into operation.
...
(3) In this section—
“Act of 2000” means the Planning and Development Act 2000;
“Act of 2018” means the Planning and Development (Amendment) Act 2018;
“relevant instrument” means—
(a) a notice in respect of which the functions under subsection (2) of section 24 of the Act of 2000 were performed (in whole or in part) by a regional assembly before 3 April 2019,
(b) a notice or draft regional spatial and economic strategy in respect of which the functions under subsection (4) of the said section 24 were performed (in whole or in part) by a regional assembly before that date, or
(c) any regional spatial and economic strategy made before that date;
“specified amendment” means the amendment of section 31A of the Act of 2000 specified in column (3) of Schedule 1 of the Act of 2018 opposite reference numbers 36, 37, 38, 39, 40, 43, 44 and 45 specified in column (1) of that Schedule.
F300[Consequential provisions to section 31AQ
31AR.—(1) The Minister shall consider the recommendations of the Office in the notice under section 31AQ and—
(a) where the Minister agrees with the opinion of the Office as expressed in the notice issued under section 31AQ(7), then the Minister shall proceed, pursuant to section 31A, to issue a notice for the purposes of subsections (3) and (4) of that section, or
(b) where the Minister does not so agree with the Office, then the Minister shall—
(i) prepare a statement in writing of his or her reasons for not agreeing,
(ii) cause that statement to be laid before each House of the Oireachtas,
(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning, and Local Government.
(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office and to the regional assembly concerned and the Office and that regional assembly shall, as soon as practicable thereafter, make it available on their respective websites.
(3) Where the Minister issues a notice under section 31A for the purposes of subsection (3) or (4) of that section—
(a) the notice shall specify that the report of the director of the regional assembly concerned on the submissions on the draft direction shall be made to the Office, and
(b) the director of the regional assembly shall act accordingly.
(4) The Office shall consider the report of the director of the regional assembly concerned on the submissions, together with any submission made under section 31A(10) and shall recommend to the Minister that he or she issue the direction with or without minor amendments or where the Office believes that—
(a) a material amendment to the draft direction may be required,
(b) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or
(c) it is necessary for any other reason,
then the Office may, for stated reasons, appoint a person to be an inspector no later than 3 weeks after the date of receipt of the director’s report.
(5) The inspector appointed, under subsection (4), shall—
(a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and
(b) be independent in the performance of those functions.
(6) The inspector—
(a) shall review the draft direction, the report of the director of the regional assembly furnished and any submissions made,
(b) shall consult with the director and members of the regional assembly,
(c) any persons who made submissions, and
(d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office.
(7) Copies of the report of the inspector under subsection (6) shall—
(a) be furnished without delay by the Office to the director of the regional assembly concerned, and
(b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions.
(8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after—
(a) where subsection (7)(a) applies, the report was furnished to him or her, or
(b) where subsection (7)(b) applies, the report was made available to him or her.
(9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons—
(a) to issue the direction,
(b) not to issue the direction, or
(c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate:
(i) recommendations contained in the report of the inspector;
(ii) any submissions made,
and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31A with or without minor amendments.
(10) A copy of the recommendations issued to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant regional assembly.
(11) From the adoption of a regional spatial and economic strategy—
(a) such provisions as—
(i) are required to be included in the regional spatial and economic strategy by virtue of a direction issued by the Minister under section 31A, and
(ii) are not so included,
shall be deemed to be included in that regional spatial and economic strategy, and
(b) such provisions of the regional spatial and economic strategy as do not comply with a direction so issued shall be deemed not to be included in that regional spatial and economic strategy.
(12) The Minister shall cause a copy of a direction issued to be laid before each House of the Oireachtas.
(13) As soon as may be after a direction is issued to a regional assembly under this section, the regional assembly shall make the direction so issued available by placing it on the website of the assembly.
(14) A copy of the direction issued by the Minister under section 31A shall be copied to the Office and made available on its website.
(15) The Minister shall publish a copy of the direction issued under section 31A on the website of the Department of Housing, Planning and Local Government.
(16) (a) Where the giving of a direction by the Minister in accordance with subsection (9) would require the making of a material alteration to a regional spatial and economic strategy, the Minister shall, not later than 3 weeks after the making of the recommendation by the Office under that subsection—
(i) publish a notice of the material alteration that would be so required in at least one newspaper circulating in the administrative areas of the local authorities to which the regional spatial and economic strategy applies, and
(ii) send a copy of that notice to the planning authorities concerned, the regional assembly concerned, the Office, the Board and the prescribed authorities.
(b) The Minister shall, before giving a direction in accordance with subsection (9), determine—
(i) whether or not a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a regional spatial and economic strategy that would be required in order to comply with the direction, and
(ii) where he or she determines that a strategic environmental assessment or an appropriate assessment is so required, the period that it would take to carry out such strategic environmental assessment or appropriate assessment.
(c) Where the Minister makes a determination under paragraph (b) that a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a regional spatial and economic strategy that would be required in order to comply with the direction, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative areas of the local authorities to which the proposed regional spatial and economic strategy is intended to apply.
(d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the regional spatial and economic strategy concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection—
(i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and
(ii) on the internet website of the Minister, the internet website of the regional assembly concerned and the internet websites of the planning authorities to which the proposed regional spatial and economic strategy concerned is intended to apply.
(e) A notice to which paragraph (c) applies shall—
(i) state that a determination under paragraph (b) has been made for the purposes of giving direction in accordance with subsection (9),
(ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the regional spatial and economic strategy concerned will be made available for inspection by members of the public,
(iii) state that such copies will be available for inspection on the internet website of the Minister and the internet website of the planning authorities to which the proposed regional spatial and economic strategy concerned is intended to apply,
(iv) invite written submissions or observations with respect to the proposed material alteration or a strategic environmental assessment or appropriate assessment required to be carried out by virtue of the said determination to be made to the Minister before the expiration of such period as specified in the notice, and
(v) that any such submissions or observations shall be taken into account by the Minister in giving a direction in accordance with subsection (9).
(f) The Minister shall carry out a strategic environmental assessment, appropriate assessment, or both, of the proposed material alteration of the regional spatial and economic strategy within the period determined by the Minister in accordance with paragraph (b).
(g) The Minister shall, not later than 8 weeks after the publication of a notice under paragraph (c), prepare a report on any submissions or observations received in accordance with that notice.
(h) A report under paragraph (h) shall—
(i) specify the persons who made submissions or observations in accordance with the notice under paragraph (c),
(ii) provide a summary of those submissions and observations, and
(iii) set out the response of the Minister to those submissions and observations.
(i) The Minister shall, in setting out his or her response to submissions or observations in accordance with the notice under paragraph (c), take account of the following:
(i) the proper planning and sustainable development of the administrative areas of the local authorities to which the proposed regional spatial and economic strategy is intended to apply,
(ii) the duties under statute of the local authorities within whose administrative areas the proposed regional spatial and economic strategy is intended to apply,
(iii) the necessity of ensuring that the proposed regional spatial and economic strategy will be consistent with—
(I) the national and regional development objectives set out in the National Planning Framework,
(II) specific planning policy requirements specified in guidelines under section 28(1), and
(III) policies or objectives for the time being of the Government or of any Minister of the Government.]
Annotations
Amendments:
F300
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C61
Application of section restricted (15.07.2019) by Local Government Rates and Other Matters Act 2019 (24/2019), s. 23(1), S.I. No. 355 of 2019.
Certain regional spatial and economic strategies
23. (1) Notwithstanding paragraphs (a) and (b) of Article 2 of the Planning and Development (Amendment) Act 2018 (Commencement) Order 2019 (S.I. No. 133 of 2019)—
(a) sections 31AQ and 31AR (inserted by section 4 of the Act of 2018) of the Act of 2000, and
(b) the specified amendment,
shall, in so far only as they apply in relation to a relevant instrument, be deemed never to have come into operation.
...
(3) In this section—
“Act of 2000” means the Planning and Development Act 2000;
“Act of 2018” means the Planning and Development (Amendment) Act 2018;
“relevant instrument” means—
(a) a notice in respect of which the functions under subsection (2) of section 24 of the Act of 2000 were performed (in whole or in part) by a regional assembly before 3 April 2019,
(b) a notice or draft regional spatial and economic strategy in respect of which the functions under subsection (4) of the said section 24 were performed (in whole or in part) by a regional assembly before that date, or
(c) any regional spatial and economic strategy made before that date;
“specified amendment” means the amendment of section 31A of the Act of 2000 specified in column (3) of Schedule 1 of the Act of 2018 opposite reference numbers 36, 37, 38, 39, 40, 43, 44 and 45 specified in column (1) of that Schedule.
F301[Chapter IV
Review of Planning Functions]
Annotations
Amendments:
F301
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
F302[Review at instigation of Office
31AS.—(1) Where the Office considers it necessary or appropriate in the circumstances, the Office may conduct a review of a planning authority or the Board in respect of the systems and procedures used by such authority or the Board in relation to the performance of its functions under this Act.
(2) An authorised person may be appointed under section 31AW for the purposes of a review under this section.
(3) Where a review under this section is being conducted and, before it is completed, a request is made by the Minister to the Office under section 31AT to conduct a review under that section and such a review would include the matters to which the review under this section relates, then, where appropriate—
(a) any steps taken by the Office for the purpose of the review under this section may be regarded as steps taken for the purposes of the request of the Minister under section 31AT,
(b) the appointment by virtue of subsection (2) of an authorised person may be deemed to be an appointment under section 31AW for the purposes of a review under section 31AT, and
(c) it shall not be necessary to complete the review under this section.
(4) Where a review conducted for the purposes of this section is completed, then the Office shall send a draft of the proposed report on the review together with any recommendations it makes to the planning authority concerned, the Board and the Minister, as appropriate.
(5) Within such period of time as the Office shall specify, having regard to the nature, size and complexity of a draft report and any issue of urgency associated with its finalisation, the planning authority concerned, the Board or the Minister, as the case may be, may make submissions or observations to the Office on the draft report.
(6) The Office shall review any submissions or observations made for the purposes of subsection (5) before finalising the report, including any recommendations, and the Office—
(a) shall send a copy of the report to any person to whom the draft report was sent under subsection (4),
(b) shall publish, or cause to be published, the report on the Office’s website, and
(c) may send a copy of the report to such other persons as it considers appropriate in the circumstances.
(7) A recommendation by the Office relating to a planning authority, which is included in a draft of a proposed report under subsection (4) or in a report under subsection (6), may, where appropriate and without prejudice to making any other recommendation, include a recommendation that the Minister consider exercising his or her functions under any of the following:
(a) section 28 to issue guidelines;
(b) section 29 to issue policy directives;
(c) subsection (2) of section 255 to give a directive under that subsection;
(d) subsection (4) of section 255 to appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority concerned.]
Annotations
Amendments:
F302
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C62
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 556(1), not commenced as of date of revision.
Continued application of sections 31AS, 31AT and 31AU of Act of 2000 for certain purposes
556.—(1) Notwithstanding the repeal of section 31AS of the Act of 2000, effected by section 6, the said section 31AS shall, on and after that repeal, continue to apply and have effect in relation to any review under the said section 31AS commenced before that repeal.
...
F303[Review by Office at instigation of Minister
31AT.—(1) Where the Minister has formed the opinion that a planning authority—
(a) may not be carrying out its functions in accordance with the requirements of or under this Act,
(b) is not in compliance with guidelines issued under section 28, a policy directive issued under section 29, a direction issued under section 31 or a directive issued under section 255(2),
(c) may not be exercising its enforcement functions under Part VIII appropriately to ensure compliance in its administrative area with the Planning and Development Acts 2000 to 2018, including enforcement consequent on the issue to it of any policy directive under section 29 for the purpose of such compliance,
(d) may be applying inappropriate standards of administrative practice or otherwise acting contrary to fair or sound administration in the conduct of its functions,
(e) may be applying systemic discrimination in the conduct of its functions,
(f) may be operating in a manner whereby there is impropriety or risks of corruption in the conduct of its functions, or
(g) may be operating in a manner whereby there are serious diseconomies or inefficiencies in the conduct of its functions,
then the Minister may request the Office to conduct a review of the organisation and the systems and procedures used in relation to the performance of functions under this Act by—
(i) the planning authority concerned, or
(ii) where relevant, the planning authority concerned and, in so far as it relates to that authority, the Board.
(2) Where a request has been made by the Minister to the Office under subsection (1), the Office shall conduct a review under this Chapter and, for that purpose, an authorised person may be appointed under section 31AW.
(3) Where a review conducted for the purposes of this section is completed, then the Office shall send a draft of the proposed report on the review together with any recommendations it makes to the planning authority concerned, the Board and the Minister, as appropriate.
(4) Within such period of time as the Office shall specify, having regard to the nature, size and complexity of a draft report and any issue of urgency associated with its finalisation, the planning authority concerned, the Board or the Minister, as the case may be, may make submissions or observations to the Office on the draft report.
(5) The Office shall review any submissions or observations made for the purposes of subsection (4) before finalising the report, including any recommendations, and the Office—
(a) shall send a copy of the report to any person to whom the draft report was sent under subsection (4),
(b) shall publish, or cause to be published, the report on the Office’s website, and
(c) may send a copy of the report to such other persons as it considers appropriate to send it to in the circumstances.
(6) A recommendation by the Office relating to a planning authority, which is included in a draft of a proposed report under subsection (3) or in a report under subsection (5), may, where appropriate and without prejudice to making any other recommendation, include a recommendation that the Minister consider exercising his or her functions under any of the following:
(a) section 28 to issue guidelines;
(b) section 29 to issue policy directives;
(c) subsection (2) of section 255 to give a directive under that subsection;
(d) subsection (4) of section 255 to appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority concerned.]
Annotations
Amendments:
F303
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C63
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 556(2), not commenced as of date of revision.
Continued application of sections 31AS, 31AT and 31AU of Act of 2000 for certain purposes
556.— …
(2) Notwithstanding the repeal of section 31AT of the Act of 2000, effected by section 6, the said section 31AT shall, on and after that repeal, continue to apply and have effect in relation to any request of the Minister under the said section 31AT made before that repeal.
...
F304[Complaint to Office in respect of planning authority
31AU.—(1) The Office may examine—
(a) complaints made by any person to the Office, or
(b) where requested by the Minister, complaints made by a person to the Minister,
in respect of a planning authority where such complaint relates to the organisation of the authority and of the systems and procedures used by it in relation to the performance of its functions under this Act.
(2) Where in respect of a complaint to which subsection (1) relates the Office has formed the opinion, having carried out a preliminary examination of the complaint and having regard to any relevant information, records or documents available to it, that an examination into the complaint would be warranted and that the planning authority concerned—
(a) may not be carrying out its functions in accordance with the requirements of or under this Act,
(b) is not in compliance with guidelines issued under section 28, a directive issued under section 29, or a direction issued under section 31,
(c) may be applying inappropriate standards of administrative practice or otherwise acting contrary to fair or sound administration in the conduct of its functions,
(d) may be applying systemic discrimination in the conduct of its functions,
(e) may be operating in a manner whereby there is impropriety or the risk of corruption in the conduct of its functions, or
(f) may be operating in a manner whereby there are serious diseconomies or inefficiencies in the conduct of its functions,
then the Office shall decide to undertake an examination or to prepare a report on the preliminary examination (including any recommendations) and, where an examination is undertaken, prepare a report on the examination (including any recommendations) and, accordingly, the Office shall as it considers it appropriate in the circumstances—
(i) submit the report concerned to the planning authority or the Minister or to both, or
(ii) submit the report concerned or complaint, including any relevant information, records or documents available to one or more of the following:
(I) the Ombudsman;
(II) the Standards in Public Office Commission;
(III) the Garda Síochána;
(IV) such other State authority as may be prescribed.
(3) A recommendation by the Office relating to a planning authority, which is included in a report under subsection (2) may include a recommendation that the Minister consider exercising his or her functions under any of the following:
(a) section 28 to issue guidelines;
(b) section 29 to issue policy directives;
(c) subsection (2) of section 255 to give a directive under that subsection;
(d) subsection (4) of section 255 to appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority concerned.
(4) Where upon a preliminary examination of a complaint, the Office is of the opinion that a complaint received by it is not one to which subsection (1) relates, then it shall cease to examine it for the purposes of the other provisions of this section but may, if the Office considers it appropriate in the circumstances, refer it to, or refer the complainant to, the Minister or a body to which subsection (2)(ii) relates.
(5) The Office may—
(a) having carried out a preliminary examination of a complaint to which subsection (1) relates, decide not to carry out an examination under this section into any matter in respect of which a complaint is made, or
(b) decide not to conduct a preliminary examination, or to discontinue a preliminary examination, under this section into such matter if the Office forms the opinion that—
(i) the complaint cannot be substantiated or appears to the Office to be trivial or vexatious in nature,
(ii) the person making the complaint, or the person in respect of whom the complaint was made, does not appear to have any interest in the subject matter to which the complaint was made,
(iii) the person making the complaint has not taken reasonable steps to pursue the subject matter of the complaint with the planning authority concerned,
(iv) the person making the complaint has not exhausted any appeal or review procedures open to him or her in respect of the subject matter of the complaint, or
(v) legal proceedings have been instituted in respect of the subject matter of the complaint.
(6) Where the Office makes a decision under subsection (5) it shall in writing inform the person who made the complaint of the reasons for the Office’s decision.
(7) In determining whether to initiate, continue or discontinue a review or examination under this section, the Office of the Planning Regulator shall be subject to the provisions of this section.
(8) An examination by the Office of the Planning Regulator shall not, of itself, affect the validity of the matter examined or any power or duty of the performance of the function of the planning authority or the Board under this Act to exercise further functions of the planning authority or the Board under this Act with respect to any matters the subject of the examination.
(9) The Office shall not exercise any of its functions in relation to any particular case with which a planning authority or the Board is either involved or could be involved.]
Annotations
Amendments:
F304
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C64
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), ss. 556(3), (4), not commenced as of date of revision.
Continued application of sections 31AS, 31AT and 31AU of Act of 2000 for certain purposes
556.— …
(3) Notwithstanding the repeal of section 31AU of the Act of 2000, effected by section 6, the said section 31AU shall, on and after that repeal, continue to apply and have effect in relation to any examination under the said section 31AU commenced before that repeal.
(4) Notwithstanding the repeal of section 31AU of the Act of 2000, effected by section 6, the said section 31AU shall, on and after that repeal, continue to apply and have effect in relation to any request of the Minister under the said section 31AU made before that repeal.
F305[Information and records to be made available to Office
31AV.—(1) The Office as part of its review or examination may request from a planning authority or the Board access to such information, records or documents relating to the performance by the planning authority or the Board of its functions.
(2) Where the Office conducts a review or examination, the planning authority or the Board shall co-operate and comply with any request of the Office in relation to all or any of the matters which are the subject of the review or examination.
(3) It is the duty of each member of a planning authority or the Board, and each member of its staff, to co-operate with the Office.
(4) A public body may, for the purposes of a review or examination under section 31AS, 31AT or 31AU, disclose information, records or documents (including personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20163) in its possession to the Office relating to matters that are the subject of that review or examination.
(5) In this section—
"company" has the meaning assigned to it by the Companies Act 2014;
"public body" means—
(a) a Department of State,
(b) the Office of the Comptroller and Auditor General,
(c) the Office of the Ombudsman,
(d) a local authority (within the meaning of the Local Government Act 1941),
(e) a body (other than a company) established by or under statute,
(f) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by—
(i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or
(ii) the issue of shares held by or on behalf of a Minister of the Government,
or
(g) a company, a majority of the shares in which are held by or on behalf of a Minister of the Government.]
Annotations
Amendments:
F305
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C65
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 556(5), not commenced as of date of revision.
Continued application of sections 31AS, 31AT and 31AU of Act of 2000 for certain purposes
556.— …
(5) Notwithstanding the repeal of sections 31AV and 31AW of the Act of 2000 by section 6, the said sections 31AV and 31AW shall, on and after their repeal, continue to apply and have effect in relation to—
(a) any review under section 31AS commenced before that repeal,
(b) any review pursuant to a request under section 31AT made before that repeal,
(c) any examination under section 31AU commenced before that repeal, and
(d) any examination pursuant to a request under section 31AU made before that repeal.
F306[Access to information (Part IIB)
31AW.—(1) The Office may appoint any person (in this section referred to as an "authorised person") to carry out a review or examination authorised by this Chapter.
(2) The planning authority or the Board shall supply the authorised person with such information, records, or documents relating to the performance by the planning authority or the Board of its functions as the authorised person may from time to time request.
(3) An authorised person appointed for the purposes of this section, accompanied by such other persons as he or she considers appropriate in the circumstances, is entitled at all reasonable times to enter and inspect any land or premises or structure (other than a dwelling) which is owned, used, controlled or managed by a planning authority or the Board and shall be afforded every facility and co-operation by the planning authority (its chief executive and staff) or the Board including the giving of information which he or she reasonably requires and shall have access to all documents, records, or other information which he or she may reasonably require and shall be afforded facilities to make notes from, or to take copies of, any such documents or records.]
Annotations
Amendments:
F306
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Modifications (not altering text):
C66
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 556(5), not commenced as of date of revision.
Continued application of sections 31AS, 31AT and 31AU of Act of 2000 for certain purposes
556.— …
(5) Notwithstanding the repeal of sections 31AV and 31AW of the Act of 2000 by section 6, the said sections 31AV and 31AW shall, on and after their repeal, continue to apply and have effect in relation to—
(a) any review under section 31AS commenced before that repeal,
(b) any review pursuant to a request under section 31AT made before that repeal,
(c) any examination under section 31AU commenced before that repeal, and
(d) any examination pursuant to a request under section 31AU made before that repeal.
F307[Offences (Part IIB)
31AX.—(1) Any person who—
(a) commits an offence under section 31AD, or
(b) obstructs or impedes or, without reasonable excuse, fails to comply with a request of—
(i) the Planning Regulator or a member of the staff of the Office, or
(ii) an authorised person, including any other person to whom section 31AW(3) relates,
acting in the exercise of functions to which section 31AW(2) relates commits an offence,
and is liable on summary conviction to a Class C fine or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.
(2) Summary proceedings for an offence under this section may be brought and prosecuted by the Planning Regulator.]
Annotations
Amendments:
F307
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).
Editorial Notes:
E154
A Class C fine means a fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), s. 3, S.I. No. 662 of 2010.
PART III
Control of Development
Annotations
Modifications (not altering text):
C67
C68
Application of Part III restricted (7.02.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 33(10), S.I. No. 76 of 2014.
Water services strategic plan.
33.— ...
(10) An application for permission under Part III of the Act of 2000 shall not be refused by a planning authority or An Bord Pleanála solely on the ground that the development to which the application relates is not referred to in the water services strategic plan for the time being in force, provided that the planning authority or An Bord Pleanála, as the case may be, considers that the development will facilitate the achievement of the objectives of that plan.
...
C69
Application of Part III extended (31.12.2007) by Water Services Act 2007 (30/2007), s. 55(4) and 61(5), S.I. No. 846 of 2007.
Connection to a water supply.
55.— ...
(4) Without prejudice to subsection (5), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waterworks for the purposes of this section, subject to such conditions as the water services authority may require, consistent with its functions under this section.
...
Waste water connections.
61.— ...
(5) Without prejudice to subsection (6), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waste water works for the purposes of this section, subject to such conditions as the water services authority may require consistent with its powers under this section.
...
C70
Provision for consideration of waste management under Part made by Waste Management Act 1996 (10/1996), s. 22(10D) as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(d), S.I. No. 393 of 2004.
Waste management plans.
22.— ...
(10D) (a) In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000, planning authorities and An Bord Pleanála shall ensure that such measures as are reasonably necessary are taken to secure appropriate provision for the management of waste (and, in particular, recyclable materials) within developments, including the provision of facilities for the storage, separation and collection of such waste (and, in particular, such materials) and the preparation by the appropriate persons of suitable plans for the operation of such facilities.
(b) The Minister may issue guidelines as to the steps that may be taken to comply with this subsection.
C71
Application of Part restricted by Environmental Protection Agency Act 1992 (7/1992), s. 86(11) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Conditions attached to a licence.
86.— ...
(8) Where a permission under section 34 of the Act of 2000 has been granted or an application has been made for such permission in relation to development comprising or for the purposes of an activity, the Agency—
(a) may consult with the planning authority in whose functional area the activity is or will be situate in relation to any development which is necessary to give effect to any conditions to be attached to a licence or revised licence and which the Agency considers is not the subject of a permission or an application for a permission under section 34 of the Act of 2000, and
(b) may attach to the licence or revised licence such conditions related to the above-mentioned development as may be specified by the planning authority for the purposes of the proper planning and sustainable development of the area or stricter conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of emissions.
...
(11) Notwithstanding the requirements of Part III of the Act of 2000, works consisting of, or incidental to, the carrying out of development referred to in paragraph (a) of subsection (8) in respect of which conditions have been attached under paragraph (b) of that subsection to the licence or revised licence concerned shall be exempted development within the meaning, and for the purposes, of the Act of 2000.
C72
Provision for consideration of development plan under Part made (8.07.2003) by Digital Hub Development Agency Act 2003 (23/2003), s. 9(5), commenced on enactment.
Development plan.
9.— ...
(5) Dublin City Council and An Bord Pleanála shall, in deciding any application or in determining any application on appeal for permission under Part III of the Planning and Development Act 2000 in respect of development in the digital hub area, consider anything relevant contained in the development plan.
...
Editorial Notes:
E155
Application of Part III restricted by Water Services Act 2007 (30/2007), s. 36(20), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 4(1), S.I. No. 575 of 2013.
General obligation to obtain permission.
32.—(1) Subject to the other provisions of this Act, permission shall be required under this Part—
(a) in respect of any development of land, not being exempted development, and
(b) in the case of development which is unauthorised, for the retention of that unauthorised development.
(2) A person shall not carry out any development in respect of which permission is required by subsection (1), except under and in accordance with a permission granted under this Part.
F308[Person to seek opinion of planning authority prior to application for LRD.
32A.—(1) A person who intends to apply for permission under this Part—
(a) for large-scale residential development,
(b) on land—
(i) that is not located in a strategic development zone, and
(ii) the zoning of which facilitates its use for the purposes proposed in the application,
(referred to in this Act as a "prospective LRD applicant") shall not make the application unless at that time he or she holds an LRD opinion, or written confirmation referred to in section 247(7), in relation to the proposed LRD provided not more than 6 months before the date of the application.
(2) A planning authority shall refuse to consider an application for permission—
(a) for large-scale residential development,
(b) on land—
(i) that is not located in a strategic development zone, and
(ii) the zoning of which facilitates its use for the purposes proposed in the application,
unless it is satisfied that the applicant holds an LRD opinion, or written confirmation referred to in section 247(7), in relation to the proposed LRD provided not more than 6 months before the date of the application.
(3) Where a planning authority refuses to consider an application for permission under subsection (2), 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.]
Annotations
Amendments:
F308
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
Modifications (not altering text):
C73
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 92(7), not commenced as of date of revision.
LRD opinion
92.— …
(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6, each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.
F309[Request for LRD meeting.
32B.—(1) A prospective LRD applicant may, once he or she has consulted the appropriate planning authority or authorities in whose area or areas the proposed LRD would be situated in accordance with section 247, request an LRD meeting with that planning authority or authorities.
(2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—
(a) the name and address of the prospective LRD applicant,
(b) a site location map sufficient to identify the land on which the proposed development would be situated,
(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,
(d) a draft layout plan of the proposed development,
(e) a brief description of any proposals to provide for water services infrastructure, including, in the case where it is proposed to connect the proposed development to a public water or wastewater network or both, evidence that Irish Water has confirmed that it is feasible to provide the appropriate service or services and that the relevant network or networks have the capacity to service the proposed development,
(f) details of any consultations that have taken place with prescribed bodies or the public,
(g) such other information, drawings or representations as the prospective LRD applicant may wish to provide or make available,
(ga) a statement setting out how the proposed LRD has had regard to the relevant objectives of the development plan or local area plan in whose area or areas the proposed LRD would be situated, and
(h) such further information as may be prescribed.
(3) Without prejudice to the generality of subsection (2)(h), the Minister may, in particular, for the purposes of that paragraph, prescribe information regarding the following matters:
(a) the proposed types of houses and student accommodation units and their design, including proposed internal floor areas, housing density, plot ratio, site coverage, building heights, proposed layout and aspect;
(b) the provision of public and private open spaces, landscaping, play facilities, pedestrian permeability, vehicular access and parking provision, where relevant;
(c) the provision of ancillary services, where required, including child care facilities;
(d) any proposals to address or, where relevant, integrate the proposed development with surrounding land uses;
(e) road infrastructure;
(f) any proposals to provide for services infrastructure (including water, wastewater and cabling, including broadband provision), and any phasing proposals;
(g) proposals under Part V, where relevant;
(h) details of protected structures and archaeological monuments included in the Record of Monuments and Places, where relevant;
(i) any aspect of the proposed development likely to have significant effects on the environment or significant effects on a European site.
(4) The planning authority may, prior to the LRD meeting taking place, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the LRD meeting in relation to a proposed development.
(5) Where a planning authority consults with a person under subsection (4), a written record shall be taken of such a consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.]
F310[(6) A request by a prospective LRD applicant under subsection (1) may include a request that the LRD meeting be treated as a meeting for the purposes of section 32I and such request shall comply with section 32H(2).]
Annotations
Amendments:
F309
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
F310
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 10, S.I. No. 645 of 2023.
Modifications (not altering text):
C74
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 92(7), not commenced as of date of revision.
LRD opinion
92.— …
(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6, each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.
Editorial Notes:
E156
Power pursuant to section exercised (17.12.2021) by Planning and Development (Large-scale Residential Development) Regulations 2021 (S.I. No. 716 of 2021), in effect as per reg. 2.
F311[LRD meeting.
32C.—(1) Where the prospective LRD applicant submits a request in accordance with section 32B, the planning authority shall convene an LRD meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.
(2) The following persons shall attend an LRD meeting convened under subsection (1):
(a) the planning authority;
(b) the prospective LRD applicant, one or more persons on his or her behalf, or both.
(3) The planning authority shall ensure that planning authority officials attending the LRD meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.
(4) The planning authority shall keep a record in writing of any LRD meeting including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided under section 32C(7) or 32D(4), and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.
(5) A record kept by a planning authority under subsection (4) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.
(6) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding an LRD meeting, including—
(a) matters that are required to be considered at the LRD meeting,
(b) matters that may be considered at the LRD meeting, and
(c) the manner in which the LRD meeting is to be conducted.
(7) Where, on the expiry of the period specified in subsection (1), the LRD meeting has not taken place, the planning authority shall proceed to convene the LRD meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why the LRD meeting did not take place in the specified period.]
Annotations
Amendments:
F311
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
Modifications (not altering text):
C75
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 92(7), not commenced as of date of revision.
LRD opinion
92.— …
(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6, each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.
Editorial Notes:
E157
Power pursuant to section exercised (17.12.2021) by Planning and Development (Large-scale Residential Development) Regulations 2021 (S.I. No. 716 of 2021), in effect as per reg. 2.
F312[LRD Opinion.
32D.—(1) The planning authority shall provide an opinion (referred to in this Act as an "LRD opinion") to the prospective LRD applicant, within the period of 4 weeks beginning on the date on which the LRD meeting takes place, as to whether or not the documents submitted for the purposes of the meeting constitute a reasonable basis on which to make an application for permission for the proposed LRD.
(2) Where the opinion of the planning authority is that the documents submitted for the purposes of the meeting do not constitute a reasonable basis on which to make an application for permission for the proposed LRD it shall specify in the LRD opinion—
(a) the areas, or the issues, in respect of which the documents submitted do not constitute a reasonable basis on which to make the application, and
(b) any issues that, if addressed by the relevant documents, could result in the documents constituting a reasonable basis on which to make the application.
(2A) The LRD opinion issued by a planning authority under subsection (1) shall be made public when a planning application in respect of the proposed development is made in accordance with section 34.
(3) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the planning authority providing an LRD opinion, including the form of the LRD opinion.
(4) Where, on the expiry of the period specified in subsection (1), the planning authority has failed to provide an LRD opinion, the planning authority shall proceed to do so as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why it failed to provide the LRD opinion in the specified period.]
Annotations
Amendments:
F312
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
Modifications (not altering text):
C76
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 92(7), not commenced as of date of revision.
LRD opinion
92.— …
(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6, each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.
F313[LRD procedure without prejudice to performance by the planning authority of other functions.
32E.—Neither the taking place of an LRD meeting nor the provision of an LRD opinion shall prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.]
Annotations
Amendments:
F313
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
Modifications (not altering text):
C77
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 92(7), not commenced as of date of revision.
LRD opinion
92.— …
(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6, each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.
F314[Effect of steps not being completed within the time period.
32F.—A person shall not question the validity of any steps taken by a planning authority by reason only that the procedures set out in section 32C(1) or 32D(1), as the case may be, were not completed within the time referred to in the subsection concerned.]
Annotations
Amendments:
F314
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
Modifications (not altering text):
C78
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 92(7), not commenced as of date of revision.
LRD opinion
92.— …
(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6, each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.
F315[Offence of taking payment, etc. in connection with LRD procedure.
32G.—A member or official of a planning authority who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an LRD opinion commits an offence.]
Annotations
Amendments:
F315
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
Modifications (not altering text):
C79
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 92(7), not commenced as of date of revision.
LRD opinion
92.— …
(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6, each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.
F316[Application for opinion under section 32I.
32H.—(1) A person who intends to apply for permission under section 34 (referred to in this section and section 32I as a "prospective applicant") may, before making such an application (referred to in this section and section 32I as the "proposed application"), request a meeting for the purposes of section 32I with the planning authority or authorities in whose functional area or areas the proposed development would be situated.
(2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—
(a) the name and address of the prospective applicant,
(b) a site location map sufficient to identify the land on which the proposed development would be situated,
(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,
(d) a draft layout plan of the proposed development,
(e) a description of—
(i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and
(ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided, before the prospective applicant has confirmed the details referred to in subparagraph (i) including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,
(f) an undertaking to provide with the proposed application, either—
(i) two or more options, in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided,
(ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made and decided, or
(iii) a combination of subparagraphs (i) and (ii),
(g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and
(h) such other information as may be prescribed.
(3) A planning authority that receives a request under subsection (1) or section 32B(1) may, prior to a meeting taking place under section 32I, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the meeting in relation to a proposed development.
(4) Where a planning authority consults with a person under subsection (3), a written record shall be taken of such a consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.
(5) Where a prospective applicant submits a request in accordance with subsection (1) or section 32B(1), the planning authority shall convene a meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.
(6) The following persons shall attend a meeting convened under subsection (5):
(a) the planning authority;
(b) the prospective applicant, one or more persons on his or her behalf, or both.
(7) The planning authority shall ensure that planning authority officials attending the meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.
(8) The planning authority shall keep a record in writing of any meeting convened under subsection (5), including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided under subsection (11) or section 32I(7) and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.
(9) A record kept by a planning authority under subsection (8) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.
(10) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened under subsection (5), including—
(a) matters that are required to be considered at the meeting,
(b) matters that may be considered at the meeting, and
(c) the manner in which the meeting is to be conducted.
(11) Where, on the expiry of the period specified in subsection (5), the meeting has not taken place, the planning authority shall proceed to convene the meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why the meeting did not take place in the specified period.]
Annotations
Amendments:
F316
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, S.I. No. 645 of 2023.
Editorial Notes:
E158
Power pursuant to subs. (10) exercised (16.12.2023) by Planning and Development (Amendment) (No. 3) Regulations 2023 (S.I. No. 655 of 2023).
F317[Opinion as to flexibility with regard to application for permission.
32I.—(1) The planning authority shall, within the period of 4 weeks beginning on the date on which the meeting convened under section 32H(5) takes place, consider—
(a) the information included in the request for the meeting under section 32H, and
(b) any other relevant information that is made available at the meeting,
and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application.
(2) Where the planning authority determines that it is satisfied in accordance with subsection (1) it shall provide an opinion to that effect to the prospective applicant.
(3) Where the planning authority determines that it is not satisfied in accordance with subsection (1) it shall notify the prospective applicant to that effect.
(4) An opinion under subsection (2) shall specify—
(a) the details, or groups of details, of the proposed development as proposed by the prospective applicant that may be confirmed after the proposed application has been made and decided,
(b) the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in paragraph (a), and
(c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act, be accompanied by the information referred to in section 32H(2)(f).
(5) An opinion issued by a planning authority under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.
(6) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the planning authority providing an opinion under subsection (2), including the form of the opinion.
(7) Where, on the expiry of the period specified in subsection (1), the planning authority has failed to provide an opinion or notification, the planning authority shall proceed to do so as soon as practicable, notwithstanding that the period has expired, and provide the prospective applicant with a written explanation why it failed to provide the opinion or notification in the specified period.]
Annotations
Amendments:
F317
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, S.I. No. 645 of 2023.
Modifications (not altering text):
C80
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 94(6), (7), not commenced as of date of revision.
Opinion with regard to making of application where certain aspects of proposed development not confirmed
94.— …
(6) An opinion under subsection (2) of section 32I of the Act of 2000 shall operate as if it were an opinion under paragraph (a) of subsection (1).
(7) A notification under subsection (3) of section 32I of the Act of 2000 shall operate as if it were a notification under paragraph (b) of subsection (1).
Editorial Notes:
E159
Power pursuant to subs. (6) exercised (16.12.2023) by Planning and Development (Amendment) (No. 3) Regulations 2023 (S.I. No. 655 of 2023).
F318[Procedure without prejudice to performance by the planning authority of other functions.
32J.—Neither the taking place of a meeting under section 32H nor the provision of an opinion or notification under section 32I shall prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.]
Annotations
Amendments:
F318
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, S.I. No. 645 of 2023.
F319[Effect of steps not being completed within the time period.
32K.—A person shall not question the validity of any steps taken by a planning authority by reason only that the procedures set out in sections 32H and 32I, were not completed within the time referred to in the sections concerned.]
Annotations
Amendments:
F319
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, S.I. No. 645 of 2023.
F320[Offence of taking payment, etc. in connection with section 32H procedure.
32L.—A member or official of a planning authority who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an opinion or notification under section 32I commits an offence.]
Annotations
Amendments:
F320
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, S.I. No. 645 of 2023.
Regulations regarding applications for permission.
33.—(1) The Minister shall by regulations provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for permission for the development of land.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for the following—
(a) requiring the submission of information in respect of applications for permission for the development of land;
(b) requiring any applicants to publish any specified notices with respect to their applications;
(c) enabling persons to make submissions or observations on payment of the prescribed fee and within a prescribed period;
F321[(ca) providing for the waiving or reduction of a fee to which paragraph (c) would relate, or the payment of a different fee, in respect of submissions or observations made by a person in his or her capacity as a member of a local authority;]
(d) requiring planning authorities to acknowledge in writing the receipt of submissions or observations;
(e) requiring any applicants to furnish to any specified persons any specified information with respect to their applications;
(f) requiring planning authorities to—
(i) (I) notify prescribed authorities of such proposed development or classes of development as may be prescribed, or
(II) consult with them in respect thereof,
and
(ii) give to them such documents, particulars, plans or other information in respect thereof as may be prescribed;
(g) requiring any applicants to submit any further information with respect to their applications (including any information as to any estate or interest in or right over land) or information regarding any effect on the environment which the development may have;
F322[(ga) enabling planning authorities to request applicants to submit further information with respect to their applications, for the purposes of paragraph (g), and providing for, in respect of different classes or descriptions of development, the information or type of information which may be requested and the number of requests that may be made;]
(h) enabling planning authorities to invite an applicant to submit to them revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the application relates and, in case the plans, drawings or particulars are submitted to a planning authority in response to such an invitation, enabling the authority in deciding the application to grant a permission for the relevant development as modified by all or any of the plans, drawings or particulars;
(i) requiring the production of any evidence to verify any particulars of information given by any applicants;
(j) requiring planning authorities to furnish to the Minister and to any other specified persons any specified information with respect to applications and the manner in which they have been dealt with;
(k) requiring planning authorities to publish or give notice of their decisions in respect of applications for permission, including the giving of notice thereof to prescribed bodies and to persons who made submissions or observations in respect of such applications;
F321[(ka) facilitating the making and processing by electronic means of—
(i) planning applications, appeals, referrals, applications for approval, submissions and consents under this Act, and
(ii) the payment of fees, the issuing of decisions and setting out of requirements to which subparagraph (i) relates;
(kb) requiring the inputting of data by planning authorities into such databases or national planning systems as may be prescribed by the Minister;]
(l) requiring an applicant to submit specified information to the planning authority with respect to development, or any class of development, carried out by a person to whom section 35(7) applies pursuant to a permission granted to the applicant or to any other person under this Part or under Part IV of the Act of 1963.
(3) (a) Regulations under this section may, for the purposes of securing the attainment of an objective included in a development plan pursuant to section 10(2)(m), require any applicant for permission to provide the planning authority with such information, in respect of development (including development of a particular class) that the applicant proposes to carry out in a Gaeltacht area, as it may specify.
(b) A requirement to which paragraph (a) applies may relate to development belonging to a particular class.
(c) Before making regulations containing a requirement to which paragraph (a) applies the Minister shall consult with the Minister for Arts, Heritage, Gaeltacht and the Islands.
(4) Regulations under this section may make additional or separate provisions in regard to applications for outline permission within the meaning of section 36.
F323[(5) Regulations under this section may make different provision with respect to applications for permission for development made by the Central Bank of Ireland in cases where the disclosure of information in relation to the application concerned might prejudice the security, externally or internally, of the development or the land concerned or facilitate any unauthorised access to or from the land by any person, and such regulations may make provision modifying the operation of section 38 in relation to applications in those cases. ]
Annotations
Amendments:
F321
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 22(a), (b), S.I. No. 436 of 2018.
F322
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 4, S.I. No. 715 of 2021.
F323
Inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 90(a), S.I. No. 287 of 2013.
Modifications (not altering text):
C81
Functions under subs. (3)(c) and regulations transferred (1.06.2011) by Irish Language, Gaeltacht and the Islands (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 216 of 2011), regs. 2 and 3.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Tourism, Culture and Sport.
(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.
3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs under—
(a) section 33 (3)(c) of the Planning and Development Act 2000 (No. 30 of 2000), and
(b) the Planning and Development Regulations 2001 (S.I. No. 600 of 2001),
are transferred to the Minister for Tourism, Culture and Sport.
Editorial Notes:
E160
Power pursuant to section exercised (16.12.2023) by Planning and Development (Amendment) (No. 3) Regulations 2023 (S.I. No. 655 of 2023).
E161
Power pursuant to section exercsied (9.11.2022) by Planning and Development (Amendment) (No. 2) Regulations 2022 (S.I. No. 565 of 2022).
E162
Power pursuant to section exercsied (17.12.2021) by Planning and Development (Large-scale Residential Development) Regulations 2021 (S.I. No. 716 of 2021), in effect as per reg. 2.
E163
Power pursuant to section exercised (4.11.2021) by Planning and Development (Amendment) (No. 3) Regulations 2021 (S.I. No. 588 of 2021).
E164
Power pursuant to section exercised (15.01.2021) by Planning and Development (Amendment) Regulations 2021 (S.I. No. 9 of 2021).
E165
Power pursuant to section exercised (16.11.2018) by Planning and Development (Fees) Regulations 2018 (S.I. No. 501 of 2018).
E166
Power pursuant to section exercised (10.09.2015) by Planning and Development (Amendment) (No. 3) Regulations 2015 (S.I. No. 387 of 2015).
E167
Power pursuant to section exercised (16.07.2015) by Planning and Development (Amendment) (No. 2) Regulations 2015 (S.I. No. 310 of 2015), in effect as per reg. 2.
E168
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E169
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E170
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E171
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).
E172
Power pursuant to section exercised (11.03.2002) by Planning and Development Regulations 2002 (S.I. No. 70 of 2002).
E173
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Permission for development.
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.
F324[(1A) Where an application to a planning authority is required to have been accompanied by an F325[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.]
F326[(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,
F327[(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), F328[…]
F329[(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.
F327[(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).
F327[(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) F330[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.
F331[(ca) Where an application under this section relates to development which comprises or is for the purposes of an activity for which an abstraction licence is required, a planning authority shall take into consideration that the control of abstractions is a function of the Environmental Protection Agency.]
F327[(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 F332[the applicant, and]
F333[(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).]
F327[(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.]
F326[(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—
F334[(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 F332[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.
F335[(4A) Notwithstanding subsection (1), where a planning authority grants permission for a development on foot of an application accompanied by an opinion provided by the planning authority under section 32I(2) the permission shall include a condition in respect of any detail of the development that was not confirmed at the time of the application requiring—
(a) the actual detail of the development to fall within specified options, parameters or a combination of options and parameters, and
(b) the applicant to notify the planning authority in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.]
F336[(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 F337[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 F329[or local area plan, as the case may be,] would be materially contravened by granting this permission,
F337[(ii) copies of the notice shall be given to each of the following—
(I) the applicant,
F329[(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 F337[authority]
F338[(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.
F339[(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) F340[…]
(d) F340[…]
(7) F340[…]
(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.
F341[(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) F342[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 F343[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) F342[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,]
F344[(ca) F345[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 F346[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 F347[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 F348[to the environmental impact assessment report] or Natura impact statement, as the case may be—
(I) F349[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) F342[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, F350[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.
F351[(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) F352[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 F353[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.
F354[(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.
F337[F355[(12) A planning authority shall refuse to consider an application to retain unauthorised development of land where it decides that either or both of the following was required or is required in respect of the development:
(a) an environmental impact assessment;
(b) an appropriate assessment.]
(12A) For the purposes of subsection (12), F356[an application in respect of the following development shall be deemed not to have required, and not to require, a determination as to whether an environmental impact assessment is required]:
(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:
F324
Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 10(a).
F325
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).
F326
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.
F327
Inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (61/2015), s. 3(a)-(e), commenced on enactment.
F328
Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(1), S.I. No. 436 of 2018.
F329
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.
F330
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 61, S.I. No. 393 of 2004.
F331
Inserted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(c), S.I. No. 417 of 2024.
F332
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(2), (3), S.I. No. 436 of 2018.
F333
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(2), S.I. No. 436 of 2018.
F334
Substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 8(1), S.I. No. 525 of 2006.
F335
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 12(a), S.I. No. 645 of 2023.
F336
Substituted (17.12.2021) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(4), S.I. No. 714 of 2021.
F337
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.
F338
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.
F339
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).
F340
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.
F341
Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 23(b)(i), S.I. No. 475 of 2011.
F342
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.
F343
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).
F344
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 5.
F345
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).
F346
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).
F347
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).
F348
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).
F349
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).
F350
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).
F351
Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 23(b)(ii), S.I. No. 475 of 2011.
F352
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).
F353
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(6), S.I. No. 436 of 2018.
F354
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).
F355
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 12(b), S.I. No. 645 of 2023, subject to transitional provision in s. 41(8).
F356
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 12(c), S.I. No. 645 of 2023, subject to transitional provision in s. 41(8).
Modifications (not altering text):
C82
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 118(1), not commenced as of date of revision.
Status of permission, consent, approval granted under Act of 2000
188.— (1) A permission granted under section 34 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 98.
C83
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.
…
C84
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.
...
C85
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.
C86
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.
...
C87
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.
...
C88
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.
...
C89
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).
C90
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.
C91
Application of section restricted by Environmental Protection Agency Act 1992 (7/1992), s. 99F(1), (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.
C92
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:
E174
Power pursuant to subs. (4A)(b) exercised (16.12.2023) by Planning and Development (Amendment) (No. 3) Regulations 2023 (S.I. No. 655 of 2023).
E175
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.
E176
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.
E177
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).
E178
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E179
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.
E180
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.
E181
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.
F357[Interpretation - sections 34B, 34C, 37R and 37S
34A.—(1) Section 2 (other than section 2 (3) (b)) of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall apply to the interpretation of this section and sections 34B, 34C, 37R and 37S, paragraph 20C of the Fourth Schedule, and paragraph 17A of the Fifth Schedule, as such section 2 applies to the interpretation of that Act.
(2) In sections 34B and 34C, "noise mitigation measures" includes land-use planning and management measures, measures to reduce noise at source and noise abatement operational measures (other than operating restrictions) that do not restrict the capacity of the airport.]
Annotations
Amendments:
F357
Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 11, S.I. No. 403 of 2019.
F358[Supplementary provisions relating to proposed development at Dublin Airport
34B.—(1)(a)(i) Where the planning authority receives an application under section 34 for development at the airport, it shall, as soon as is practicable after such receipt—
(I) give a copy of the application to the competent authority, and
(II) enter into consultations with the competent authority for the purposes of giving such assistance as the competent authority may require in order to enable the competent authority, within 4 weeks of the competent authority receiving such copy, to either form the opinion referred to in subparagraph (iii) or to conclude that it is not of that opinion.
(ii) The competent authority shall, where it concludes that it is not of the opinion referred to in subparagraph (iii), as soon as is practicable after it so concludes, give notice in writing of that conclusion to the planning authority.
(iii) The following provisions of this section apply where the competent authority, in considering the application, forms the opinion that the development—
(I) contains a proposal requiring the assessment for the need for a noise-related action, or
(II) indicates that a new operating restriction may be required.
(b) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to the performance by the competent authority of its functions under this section.
(c) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions referred to in this section as those subsections apply to measures and restrictions referred to in those subsections.
(2) The competent authority shall, as soon as is practicable after it forms the opinion referred to in subsection (1)(a)(iii), give notice in writing to the planning authority of that opinion and the planning authority shall, as soon as is practicable after receiving the notice, consult with the competent authority in relation to, as appropriate, one or more of the following matters:
(a) any aspect of the development relating to noise that may arise in the operation of the development if it is carried out (including any such aspect relating to appropriate assessment or environmental impact assessment);
(b) any noise problem that would arise from the carrying out of the development as proposed, taking account of any noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the application and any further information subsequently sought by the relevant authority from the applicant in relation to those matters and given by the applicant to the planning authority and the competent authority;
(c) where a noise problem would arise from the carrying out of the development as proposed—
(i) any information on the application of the Balanced Approach to the consideration of the inclusion of noise mitigation measures or operating restrictions (if any), or any combination thereof, in the application and any further information subsequently sought by the relevant authority from the applicant in relation to those matters and given by the applicant to the planning authority and the competent authority,
(ii) whether noise mitigation measures or operating restrictions (if any), or any combination thereof, not proposed in the application are or is required and any information or plans subsequently sought by the relevant authority from the applicant in relation to such measures or restrictions, or combination thereof, as the case may be, and given by the applicant to the planning authority and the competent authority,
(iii) any information subsequently sought by the relevant authority from the applicant in relation to the application of the Balanced Approach to the noise mitigation measures or operating restrictions, or combination thereof, referred to in subparagraph (ii) and given by the applicant to the planning authority and the competent authority, and
(iv) subject to subsection (4), whether permission could, in so far as noise-related issues are concerned, be granted for the development subject to conditions specified by the competent authority relating to noise mitigation measures or operating restrictions (if any), or any combination thereof.
(3) (a) In subsection (2) and paragraph (b), ‘relevant authority’ means the planning authority or the competent authority.
(b) Where the applicant gives any information or plans referred to in subsection (2) to one relevant authority, the applicant shall, on the same date (or as soon as is practicable thereafter), give copies of such information or plans, as the case may be, to the other relevant authority.
(4) Notwithstanding any other provision of this Act, the planning authority shall neither decide to refuse permission for the development nor decide to grant such permission subject to or without conditions until it receives a notice under subsection (5) or (14)(a)(ii) from the competent authority in respect of the application.
(5) (a) Paragraph (b) applies where the competent authority is satisfied that permission should not be granted for the development for the reason that inadequate provision has been made in the application (or in any plans or further information, or both, subsequently given by the applicant to the planning authority and the competent authority) to deal with the noise problem that would arise from the carrying out of the development as proposed.
(b) The competent authority shall, as soon as is practicable after it is so satisfied, give a notice in writing to the planning authority, stating the competent authority’s reasons why it is so satisfied, and directing the planning authority to refuse permission for the development.
(c) The planning authority shall comply with a direction given to it under paragraph (b) as soon as is practicable after it receives the notice concerned referred to in that paragraph and shall incorporate such notice in its decision to refuse permission for the development.
(d) Notwithstanding that a refusal referred to in paragraph (c) arises from a direction given by the competent authority to the planning authority, such refusal and the reasons for it shall, for the purposes of section 37 as read with section 37S, be treated as the decision, or part of the decision, as appropriate, of the planning authority on the application, and the other provisions of this Act shall be construed accordingly.
(6) Subsection (7) applies where the competent authority has applied the Balanced Approach to the noise problem referred to in subsection (2) and, in accordance with the Balanced Approach, assessed the noise mitigation measures or operating restrictions (if any), or any combination thereof, that may be required to be introduced as part of the development, and whether or not such measures or restrictions, or combination thereof, as the case may be, are or is in addition to, or in replacement of, one or more—
(a) noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the application, or
(b) existing noise mitigation measures or operating restrictions (if any), or any combination thereof.
(7) The competent authority shall, as soon as it is practicable for it to do so, by notice in writing given to the applicant and copied to the planning authority—
(a) inform the applicant of the noise mitigation measures or operating restrictions (if any), or combination thereof, proposed to be required in a decision (if any) to grant permission for the development and its reasons for so proposing, and
(b) stating that the applicant may, within the period specified in the notice (being a period of not less than 4 weeks), make submissions or observations on such noise mitigation measures or operating restrictions (if any), or combination thereof, as the case may be, and on such reasons, including counterproposals, by notice in writing given to the competent authority and copied to the planning authority.
(8) The competent authority shall apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant before the expiration of the period specified in the notice under subsection (7) concerned.
(9) Subject to subsection (10), the competent authority shall, as soon as is practicable after it complies with subsection (7) and, if applicable, subsection (8) and (at its discretion) having consulted with the applicant or any other person that it wishes to, in accordance with the Aircraft Noise Regulation and the Aircraft Noise (Dublin Airport) Regulation Act 2019, make, and publish on its website, a draft regulatory decision—
(i) on the noise mitigation measures or operating restrictions (if any), or combination thereof, that it proposes to direct the planning authority to include as conditions of the planning authority’s decision (if any) to grant permission for the development, or
(ii) that no such conditions are required to be included in the planning authority’s decision (if any) to grant permission for the development.
(10) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the competent authority’s reasons for such decision and include therein, as appropriate:
(a) a summary of the data examined (including any data relating to appropriate assessment or environmental impact assessment);
(b) the noise abatement objective;
(c) the measures considered to address any noise problem;
(d) an evaluation of the cost-effectiveness of the various measures considered;
(e) the application of the Balanced Approach;
(f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered;
(g) particulars of any proposed noise mitigation measures and operating restrictions (if any) to be introduced;
(h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any);
(i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any) to be introduced;
(j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i).
(11) The competent authority shall, as soon as is practicable after it complies with subsections (9) and (10), publish, in a national newspaper, a notice—
(a) stating that the competent authority has—
(i) made a draft regulatory decision under subsection (9), and
(ii) prepared the related report under subsection (10),
(b) stating particulars of how persons may view or otherwise have access to the draft regulatory decision and related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours),
(c) inviting persons to make submissions or observations in writing (and to provide a return address with such submissions or observations) in the specified form (if any) on the draft regulatory decision or related report, or both, before the expiration of 14 weeks beginning on the date of publication of the notice in the national newspaper, and
(d) stating particulars of the addresses (which shall include an electronic address) to which such submissions or observations may be sent.
(12) (a) The competent authority shall, as soon as is practicable after it complies with subsections (9) and (10), give each of the applicant, the airport authority and the planning authority copies of the draft regulatory decision that it made under subsection (9) and the related report that it prepared under subsection (10).
(b) For the avoidance of doubt, it is hereby declared that the applicant, the airport authority and the planning authority may each make submissions or observations referred to in subsection (11)(c) in accordance with that subsection.
(13) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in subsection (11)(c) and having regard to the submissions and observations (if any) referred to in that subsection received by it within such 14 weeks—
(a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (9) without any amendments or with such amendments as it considers appropriate, and
(b) revise the related report prepared under subsection (11) to take into account such submissions and observations (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision.
(14) The competent authority shall—
(a) as soon as is practicable after it complies with subsection (13)—
(i) publish on its website the regulatory decision it has adopted under subsection (13)(a) and the related report it has revised under subsection (13)(b), and
(ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published), to the applicant, the airport authority, the planning authority, the elected members of FCC, the elected members of Dáil Éireann in whose constituencies the airport is located and the return addresses of the persons who have made submissions or observations referred to in subsection (11)(c) in accordance with that subsection on the draft regulatory decision or related report concerned,
and
(b) as soon as is practicable after it complies with paragraph (a)(i), publish, in a national newspaper, a notice stating—
(i) that the competent authority has adopted a regulatory decision under subsection (13)(a),
(ii) that the competent authority has revised the related report under subsection (13)(b),
(iii) particulars of how persons may view or otherwise have access to such regulatory decision and such related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours), and
(iv) that a right of appeal to the Board against the regulatory decision exists under section 37 as read with section 37R.
(15) (a) The planning authority shall incorporate the competent authority’s regulatory decision under subsection (13)(a), the subject of the notice given to the planning authority under subsection (14)(a)(ii), and the competent authority’s reasons for such decision in the planning authority’s decision on the application and shall do so regardless of whether the planning authority’s decision is to refuse permission for the development or to grant permission for the development.
(b) Notwithstanding that a regulatory decision referred to in paragraph (a) is made by the competent authority, such decision and the reasons for it shall, for the purposes of section 37 as read with section 37R, be treated as the decision, or part of the decision, as appropriate, of the planning authority on the application, and the other provisions of this Act shall be construed accordingly.
(c) The planning authority shall make its decision on the application as soon as is practicable after it receives, pursuant to subsection (14)(a)(ii), a copy of the competent authority’s regulatory decision under subsection (13)(a).
(16) Subject to subsection (17), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under subsection (13)(a) shall—
(a) if no appeal under section 37 as read with section 37R is made, within the appropriate period referred to in section 37(1), against the planning authority’s decision on the application, come into effect on the expiration of such appropriate period, and
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.
(17) The competent authority may, by notice published on its website on the same date as the regulatory decision adopted under subsection (13)(a) is, pursuant to subsection (14)(a), also so published—
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and
(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.
(18) Subject to section 26 (b) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under subsection (13)(a), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.
(19) Subject to subsection (20), an operating restriction referred to in subsection (18) shall—
(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.
(20) The competent authority may, by notice published on its website at any time before the day first-mentioned in subsection (19)(a)—
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (18), and
(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.
(21) Subsection (6) of section 34 shall not apply where the competent authority forms the opinion that a noise problem that would arise from the carrying out of the development as proposed would contravene materially the development plan or local area plan.]
Annotations
Amendments:
F358
Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 11, S.I. No. 403 of 2019.
F359[Supplementary provisions relating to operating restriction included in planning permission
34C.—(1) (a) The person in whose favour a relevant permission operates may, by virtue of this subsection and notwithstanding any other provision of this Act (including section 34), make an application under section 34 to the planning authority where the application is only for a relevant action to be taken.
(b) Section 34 and the other provisions of this Act shall be read with all necessary modifications to take account of the relevant application.
(c) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions referred to in this section as those subsections apply to measures and restrictions referred to in those subsections.
(2) The planning authority shall give the competent authority a copy of the relevant application and consult with the competent authority in relation to, as appropriate, one or more of the following matters:
(a) any noise problem that would arise from taking the relevant action as proposed (including any implications that would arise therefrom in relation to appropriate assessment or environmental impact assessment matters) and any further information subsequently sought by the relevant authority from the applicant in relation to such action and given by the applicant to the planning authority and the competent authority;
(b) where a noise problem would arise from taking the relevant action as proposed—
(i) any information in the relevant application on the application of the Balanced Approach to the relevant action and any further information or plans subsequently sought by the relevant authority from the applicant in relation to the relevant action or Balanced Approach and given by the applicant to the planning authority and the competent authority,
(ii) whether noise mitigation measures or operating restrictions (if any), or any combination thereof, not proposed in the relevant application are or is required and any information or plans subsequently sought by the relevant authority from the applicant in relation to such measures or restrictions, or combination thereof, as the case may be, and given by the applicant to the planning authority and the competent authority,
(iii) any information subsequently sought by the relevant authority from the applicant in relation to the application of the Balanced Approach to the noise mitigation measures or operating restrictions, or combination thereof, referred to in subparagraph (ii) and given by the applicant to the planning authority and the competent authority, and
(iv) subject to subsection (4), whether permission could be granted for the taking of the relevant action subject to conditions specified by the competent authority relating to noise mitigation measures or operating restrictions (if any), or any combination thereof.
(3) (a) In subsection (2) and paragraph (b), ‘relevant authority’ means the planning authority or the competent authority.
(b) Where the applicant gives any information or plans referred to in subsection (2) to one relevant authority, it shall, on the same date (or as soon as is practicable thereafter), give copies of such information or plans, as the case may be, to the other relevant authority.
(4) Where this section applies and notwithstanding any other provision of this Act, the planning authority shall neither decide to refuse the relevant application nor grant the relevant application subject to or without conditions until it receives a notice under subsection (5) or (15)(a)(ii) from the competent authority in respect of the relevant application.
(5) (a) Paragraph (b) applies where the competent authority is satisfied that permission should not be granted for the relevant application for the reason that inadequate provision has been made in the application (or in any plans or further information, or both, subsequently given by the applicant to the planning authority and the competent authority) to deal with the noise problem that would arise from the carrying out of the relevant action as proposed.
(b) The competent authority shall, as soon as is practicable after it is so satisfied, give a notice in writing to the planning authority, stating the competent authority’s reasons why it is so satisfied, and directing the planning authority to refuse the relevant application.
(c) The planning authority shall comply with a direction given to it under paragraph (b) as soon as is practicable after it receives the notice referred to in that paragraph and shall incorporate such notice in its decision to refuse the relevant application.
(d) Notwithstanding that a refusal referred to in paragraph (c) arises from a direction given by the competent authority to the planning authority, such refusal and the reasons for it shall, for the purposes of section 37 as read with section 37S, be treated as the decision of the planning authority on the relevant application, and the other provisions of this Act shall be construed accordingly.
(6) The planning authority shall, in determining the relevant application, consider whether taking the relevant action requires the reconsideration of any other aspect of the relevant permission and, after having consulted with the competent authority, may, in accordance with regulations made under section 33, request and consider further information from the applicant in that regard.
(7) Subsection (8) applies where the competent authority has applied the Balanced Approach to the noise problem referred to in subsection (2) and, in accordance with the Balanced Approach, assessed the noise mitigation measures or operating restrictions (if any), or any combination thereof, that may be required to be introduced, and whether or not such measures or restrictions, or combination thereof, as the case may be, are or is in addition to, or in replacement of, one or more—
(a) noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the relevant action, or
(b) existing noise mitigation measures or operating restrictions, or combination thereof.
(8) The competent authority shall, as soon as it is practicable for it to do so, by notice in writing given to the applicant and copied to the planning authority—
(a) inform the applicant of the noise mitigation measures or operating restrictions (if any), or combination thereof, proposed to be required in a decision (if any) to grant the relevant application and its reasons for so proposing, and
(b) stating that the applicant may, within the period specified in the notice (being a period of not less than 4 weeks), make submissions or observations on such noise mitigation measures or operating restrictions (if any), or combination thereof, as the case may be, and on such reasons, including counterproposals, by notice in writing given to the competent authority and copied to the planning authority.
(9) The competent authority shall apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant before the expiration of the period specified in the notice under subsection (8) concerned.
(10) Subject to subsection (11), the competent authority shall, as soon as is practicable after it complies with subsection (8) and, if applicable, subsection (9) and (at its discretion) having consulted with the applicant or any other person that it wishes to, in accordance with the Aircraft Noise Regulation and the Aircraft Noise (Dublin Airport) Regulation Act 2019, make, and publish on its website, a draft regulatory decision—
(i) on the noise mitigation measures or operating restrictions (if any), or combination thereof, that it proposes to direct the planning authority to include as conditions of the planning authority’s decision (if any) to grant the relevant application, or
(ii) that no such conditions are required to be included in the planning authority’s decision (if any) to grant the relevant application.
(11) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the planning authority’s reasons for such decision and include therein, as appropriate:
(a) a summary of the data examined (including any data relating to appropriate assessment or environmental impact assessment);
(b) the noise abatement objective;
(c) the measures considered to address any noise problem;
(d) an evaluation of the cost-effectiveness of the various measures considered;
(e) the application of the Balanced Approach;
(f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered;
(g) particulars of any proposed noise mitigation measures and operating restrictions (if any);
(h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any);
(i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any);
(j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i).
(12) The competent authority shall, as soon as is practicable after it complies with subsections (10) and (11), publish, in a national newspaper, a notice—
(a) stating that the competent authority has—
(i) made a draft regulatory decision under subsection (10), and
(ii) prepared the related report under subsection (11),
(b) stating particulars of how persons may view or otherwise have access to the draft regulatory decision and related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours),
(c) inviting persons to make submissions or observations in writing (and to provide a return address with such submissions or observations) in the specified form (if any) on the draft regulatory decision or related report, or both, before the expiration of 14 weeks beginning on the date of publication of the notice in the national newspaper, and
(d) stating particulars of the addresses (which shall include an electronic address) to which such submissions or observations may be sent.
(13) (a) The competent authority shall, as soon as is practicable after it complies with subsections (10) and (11), give each of the applicant, the airport authority and the planning authority copies of the draft regulatory decision that it made under subsection (10) and the related report that it prepared under subsection (11).
(b) For the avoidance of doubt, it is hereby declared that the applicant, the airport authority and the planning authority may each make submissions or observations referred to in subsection (12)(c) in accordance with that subsection.
(14) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in subsection (12)(c) and having regard to the submissions and observations (if any) referred to in that subsection received by it within such 14 weeks—
(a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (10) without any amendments or with such amendments as it considers appropriate, and
(b) revise the related report prepared under subsection (11) to take into account such submissions and observations (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision.
(15) The competent authority shall—
(a) as soon as is practicable after it complies with subsection (14)—
(i) publish on its website the regulatory decision it has adopted under subsection (14)(a) and the related report it has revised under subsection (14)(b), and
(ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published), to the applicant, the airport authority, the planning authority, the elected members of FCC, the elected members of Dáil Éireann in whose constituencies the airport is located and the return addresses of the persons who have made submissions or observations referred to in subsection (12)(c) in accordance with that subsection on the draft regulatory decision or related report concerned,
and
(b) as soon as is practicable after it complies with paragraph (a)(i), publish, in a national newspaper, a notice stating—
(i) that the competent authority has adopted a regulatory decision under subsection (14)(a),
(ii) that the competent authority has revised the related report under subsection (14)(b),
(iii) particulars of how persons may view or otherwise have access to such regulatory decision and such related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours), and
(iv) that a right to appeal to the Board against the regulatory decision exists under section 37 as read with section 37R.
(16) (a) The planning authority shall—
(i) incorporate the competent authority’s regulatory decision under subsection (14)(a), the subject of the notice given to the planning authority under subsection (15)(a)(ii), and the competent authority’s reasons for such decision in the planning authority’s decision on the application and shall do so regardless of whether the planning authority’s decision is to refuse the relevant application or to grant the relevant application, and
(ii) notwithstanding any other provision of this Act, if necessary, revoke, revoke and replace, or amend the terms of, a condition of the relevant permission in order to make the relevant permission compatible with that regulatory decision.
(b) Notwithstanding that a regulatory decision referred to in paragraph (a) is a decision made by the competent authority, such decision and the reasons for it shall, for the purposes of section 37 as read with section 37R, be treated as the decision of the planning authority on the relevant application, and the other provisions of this Act shall be construed accordingly.
(c) The planning authority shall make its decision on the application as soon as is practicable after it receives, pursuant to subsection (15)(a)(ii), a copy of the competent authority’s regulatory decision under subsection (14)(a).
(17) Subject to subsection (18), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under subsection (14)(a) shall—
(a) if no appeal under section 37 as read with section 37R is made, within the appropriate period referred to in section 37(1), against the planning authority’s decision on the application, come into effect on the expiration of such appropriate period, and
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.
(18) The competent authority may, by notice published on its website on the same date as the regulatory decision adopted under subsection (14)(a) is, pursuant to subsection (15)(a), also so published—
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and
(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.
(19) Subject to section 26 (b) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under subsection (14)(a), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.
(20) Subject to subsection (21), an operating restriction referred to in subsection (19) shall—
(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.
(21) The competent authority may, by notice published on its website at any time before the day first-mentioned in subsection (20)(a)—
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (19), and
(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.
(22) In this Part, health aspects shall be assessed in accordance with Environmental Noise Directive and the European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018).
(23) In this section—
"relevant action", in relation to a relevant operating restriction the subject of a relevant application, means—
(a) to revoke the operating restriction,
(b) to amend the terms of the operating restriction in the manner specified in the application,
(c) to replace the operating restriction with the alternative operating restriction specified in the application,
(d) to take an action referred to in paragraph (a), (b) or (c) together with introducing new noise mitigation measures or revoking, revoking and replacing, or amending the terms of, existing noise mitigation measures, or a combination thereof,
(e) if the relevant application relates to 2 or more relevant operating restrictions, to take any combination of any of the actions referred to in paragraphs (a) to (d), or
(f) to take an action referred to in paragraph (a), (b), (c), (d) or (e) together with revoking, revoking and replacing, or amending the terms of, a condition of the relevant permission;
"relevant application" means an application referred to in subsection (1)(a);
"relevant operating restriction", in relation to a relevant permission, means an operating restriction included in that permission;
"relevant permission" means a permission granted under section 34—
(a) for development at the airport, and
(b) that includes an operating restriction.]
Annotations
Amendments:
F359
Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 11, S.I. No. 403 of 2019.
Refusal of planning permission for past failures to comply.
F360[35.—(1) Where, having regard to—
(a) any information furnished pursuant to regulations made under section 33(2)(l),
(b) any information available to the planning authority concerning development carried out by a person to whom this section applies pursuant to a permission (in this section referred to as a "previous permission") granted to the applicant or to any other person under this Part or Part IV of the Act of 1963,
(c) any information otherwise available to the planning authority concerning a substantial unauthorised development, or
(d) any information concerning a conviction for an offence under this Act,
the planning authority is satisfied that a person to whom this section applies is not in compliance with a previous permission or with a condition to which the previous permission is subject, has carried out a substantial unauthorised development, or has been convicted of an offence under this Act, the authority may form the opinion—
(i) that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with such permission if granted or with a condition to which such permission if granted would be subject, and
(ii) that accordingly planning permission should not be granted to the applicant concerned in respect of that development. ]
(2) In forming its opinion under subsection (1), the planning authority shall only consider those failures to comply with any previous permission, or with any condition to which that permission is subject, that are of a substantial nature.
(3) An opinion under this subsection shall not be a decision on an application for permission for the purposes of this Part.
F361[F360[(4) If the planning authority considers that there are good grounds for its being able to form the opinion under subsection (1) in relation to an application for permission in respect of the development concerned and, accordingly, to exercise the power under subsection (5) to refuse that permission, it shall serve a notice in writing on the applicant to that effect and that notice shall—
(a) specify the non compliance with a previous permission or condition of a previous permission, substantial unauthorised development, or conviction for an offence under this Act, as the case may be, that the authority intends to take into consideration with regard to the proposed exercise of that power, and
(b) invite the applicant to make submissions to the authority within a period specified in the notice as to why the applicant considers that the authority should not exercise that power (whether because the applicant contends that the views of the authority in relation to the failure to comply by the applicant or any other person to whom this section applies with any previous permission, or any condition to which it is subject, the carrying out of substantial unauthorised development or conviction for an offence under this Act, as the case may be, are incorrect or that there are not good grounds for forming the opinion under subsection (1)).]
(5) If the planning authority, having considered any submissions made to it in accordance with a notice under subsection (4), proceeds to form the opinion under subsection (1) in relation to the application concerned it shall decide to refuse to grant the permission concerned and notify the applicant accordingly.
(6) The applicant may, within 8 weeks from the receipt of that notification, notwithstanding sections 50 and 50A, apply, by motion on notice to the planning authority, to the High Court for an order annulling the planning authority’s decision and, on the hearing of such application, the High Court may, as it considers appropriate, confirm the decision of the authority, annul the decision and direct the authority to consider the applicant’s application for planning permission without reference to the provisions of this section or make such other order as it thinks fit.
(6A) If, in pursuance of subsection (6), the High Court directs the planning authority to consider the applicant’s application for planning permission without reference to the provisions of this section, the planning authority shall make its decision on the application within the period of 8 weeks from the date the order of the High Court in the matter is perfected but this subsection is subject to the provisions of section 34(8) as applied to the foregoing case by subsection (6B).
(6B) For the purposes of the foregoing case the provisions of section 34(8) shall apply with the following modifications:
(a) in paragraph (a) of section 34(8), after “paragraphs (b), (c), (d) and (e)”, there shall be inserted “and section 35(6A)”;
(b) for the reference in paragraph (b) of section 34(8) to “8 weeks of the receipt of a planning application” there shall be substituted “8 weeks of the date the order of the High Court in the matter is perfected”;
(c) in paragraph (f) of section 34(8), after “paragraph (a), (b), (c), (d) or (e)”, there shall be inserted “, the period specified in section 35(6A) or, as the case may be, the period specified in paragraph (b), (c), (d) or (e) as that paragraph is applied by virtue of section 35(6B)”; and
(d) any other necessary modifications.
(6C) No appeal shall lie to the Board from a decision of a planning authority to refuse to grant planning permission under subsection (5).]
(7) In this section, “a person to whom this section applies” means—
(a) the applicant for the permission concerned,
(b) any information available to the planning authority concerning development carried out by a person to whom this section applies pursuant to a permission (in this section referred to as a "previous permission") granted to the applicant or to any other person under F362[this Part or Chapter III of Part XXI,] or Part IV of the Act of 1963,
F363[(ba) a registered society under the Industrial and Provident Societies Acts 1893 to 2014 that—
(i) carried out a development pursuant to a previous permission,
(ii) carried out a substantial unauthorised development, or
(iii) has been convicted of an offence under this Act,
or, during any period to which subparagraph (i) or (ii) relates or to which any conviction under subparagraph (iii) relates, the registered society was, during that period, controlled by the applicant—
(I) where, pursuant to section 15 of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014, ‘control’ has the same meaning as in section 220(5) of the Companies Act 2014, or
(II) as a shadow director within the meaning of section 2(1) of the Companies Act 2014,]
(c) in the case where the applicant for permission is a company—
(i) the company concerned is related to a company (within the meaning of section 140(5) of the Companies Act, 1990) which F360[carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,] or
(ii) the company concerned is under the same control as a company which carried out a development referred to in subsection (1)(b), where “control” has the same meaning as in section 26(3) of the Companies Act, 1990,
or
(d) a company which F360[carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,] which company is controlled by the applicant—
(i) where “control” has the same meaning as in section 26(3) of the Companies Act, 1990, or
(ii) as a shadow director within the meaning of section 27(1) of the Companies Act, 1990.
Annotations
Amendments:
F360
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 24(a), (b), S.I. No. 477 of 2010.
F361
Substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 9, S.I. No. 525 of 2006.
F362
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 12, S.I. No. 488 of 2022.
F363
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 24, S.I. No. 436 of 2018.
Editorial Notes:
E182
Previous affecting provision: subs. (1)(b) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 24, S.I. No. 477 of 2010; substituted (1.10.2022) as per F-note above.
E183
Previous affecting provision: subs. (4) inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 9, S.I. No. 525 of 2006, substituted as per F-note above.
Outline permission.
36.—(1) An application under section 34 may be made to a planning authority in accordance with the permission regulations for outline permission for the development of land.
(2) Where outline permission is granted under section 34, that permission shall not operate to authorise the carrying out of any development to which the outline permission relates until a subsequent permission has been granted under that section.
(3) (a) Where outline permission has been granted by a planning authority, any subsequent application for permission must be made not later than 3 years beginning on the date of the grant of outline permission, or such longer period, not exceeding 5 years, as may be specified by the planning authority.
(b) The outline permission shall cease to have effect at the end of the period referred to in paragraph (a) unless the subsequent application for permission is made within that period.
(c) Sections 40, 41 and 42 shall not apply to the grant of an outline permission.
(4) Where an application for permission is made to a planning authority consequent on the grant of outline permission, the planning authority shall not refuse to grant permission on the basis of any matter which had been decided in the grant of outline permission, provided that the authority is satisfied that the proposed development is within the terms of the outline permission.
(5) No appeal may be brought to the Board under section 37 against a decision of a planning authority to grant permission consequent on the grant of outline permission in respect of any aspect of the proposed development which was decided in the grant of outline permission.
(6) In this section, “outline permission” means permission granted in principle under section 34 for the development of land subject to a subsequent detailed application for permission under that section.
Annotations
Modifications (not altering text):
C93
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 96(10), not commenced as of date of revision.
Outline permission
96.— …
(10) Outline permission granted under section 36 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be outline permission granted under this section, and accordingly this section (other than subsection (1)) shall apply in respect of that outline permission.
...
Appeal to Board.
37.—(1) (a) An applicant for permission and any person who made submissions or observations in writing in relation to the planning application to the planning authority in accordance with the permission regulations and on payment of the appropriate fee, may, at any time before the expiration of the appropriate period, appeal to the Board against a decision of a planning authority under section 34.
(b) Subject to paragraphs (c) and (d), where an appeal is brought against a decision of a planning authority and is not withdrawn, the Board shall determine the application as if it had been made to the Board in the first instance and the decision of the Board shall operate to annul the decision of the planning authority as from the time when it was given; and subsections (1), (2), F364[(3), (4), and (4A)] of section 34 shall apply, subject to any necessary modifications, in relation to the determination of an application by the Board on appeal under this subsection as they apply in relation to the determination under that section of an application by a planning authority.
(c) Paragraph (b) shall be construed and have effect subject to sections 133, 138 and 139.
(d) In paragraph (a) and subsection (6), “the appropriate period” means the period of four weeks beginning on the day of the decision of the planning authority.
(2) (a) Subject to paragraph (b), the Board may in determining an appeal under this section decide to grant a permission even if the proposed development contravenes materially the development plan relating to the area of the planning authority to whose decision the appeal relates.
(b) Where a planning authority has decided to refuse permission on the grounds that a proposed development materially contravenes the development plan, the Board may only grant permission in accordance with paragraph (a) where it considers that—
(i) the proposed development is of strategic or national importance,
(ii) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned, or
(iii) permission for the proposed development should be granted having regard to F365[regional spatial and economic strategy] for the area, guidelines under section 28, policy directives under section 29, the statutory obligations of any local authority in the area, and any relevant policy of the Government, the Minister or any Minister of the Government, or
(iv) permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the making of the development plan.
(c) Where the Board grants a permission in accordance with paragraph (b), the Board shall, in addition to the requirements of section 34(10), indicate in its decision the main reasons and considerations for contravening materially the development plan.
(3) Subject to section 141(2), the provisions of subsection (1) authorising appeals to be made before the expiration of the appropriate period within the meaning of that subsection shall be construed as including a provision that an appeal received by the Board after the expiration of the appropriate period shall be invalid as not having been made in time.
(4) (a) Notwithstanding subsection (1), where in accordance with the permission regulations any prescribed body is entitled to be given notice of any planning application, that body shall be entitled to appeal to the Board before the expiration of the appropriate period within the meaning of that subsection where the body had not been sent notice in accordance with the regulations.
(b) The Board may dismiss any appeal made under paragraph (a) where it considers the body concerned was not entitled to be sent notice of the planning application in accordance with the permission regulations.
F366[(c) Notwithstanding subsection (1), a body or organisation referred to in paragraph (d) shall be entitled to appeal to the Board against a decision by a planning authority on an application for development (being development in respect of which an F367[environmental impact assessment report] was required to be submitted to the planning authority in accordance with section 172) before the expiration of the appropriate period within the meaning of that subsection.
(d) The body or organisation mentioned in paragraph (c) is a body or organisation (not being a State authority, a public authority or a governmental body or agency)—
(i) the aims or objectives of which relate to the promotion of environmental protection,
(ii) which has, during the period of 12 months preceding the making of the appeal, pursued those aims or objectives, and
(iii) which satisfies such additional requirements (if any) as are prescribed under paragraph (e).
(e) The Minister may prescribe additional requirements which a body or organisation of the foregoing kind must satisfy in order to make an appeal under paragraph (c), being requirements of a general nature and for the purposes of promoting transparency and accountability in the operation of such organisations, including requirements—
(i) in relation to its membership,
(ii) that the pursuit of its aims or objectives be otherwise than for profit,
(iii) in relation to the possession of a specified legal personality and the possession of a constitution or rules,
(iv) that the area of environmental protection to which its aims or objectives relate is relevant to the class of matter into which the decision, the subject of the appeal, falls.
(f) The Board may dismiss any appeal made under paragraph (c) where it considers that the body or organisation concerned does not satisfy the requirements of paragraph (d)(i), (ii) or (iii).]
(5) (a) No application for permission for the same development or for development of the same description as an application for permission for development which is the subject of an appeal to the Board under this section shall be made before—
(i) the Board has made its decision on the appeal,
(ii) the appeal is withdrawn, or
(iii) the appeal is dismissed by the Board pursuant to section 133 or 138.
(b) Where an application for permission referred to in paragraph (a) is made to a planning authority, the planning authority shall notify the applicant that the application cannot be considered by the planning authority and return the application and any other information submitted with the application in accordance with the permission regulations, and any fee paid.
(c) A dispute as to whether an application for permission is for the same development or is for development of the same description as an application for permission which is the subject of an appeal to the Board may be referred to the Board for determination.
(6) (a) Notwithstanding subsection (1)(a), a person who has an interest in land adjoining land F368[in respect of which a decision to grant permission has been made] may, within the appropriate period and on payment of the appropriate fee, apply to the Board for leave to appeal against a decision of the planning authority under section 34.
(b) An application under paragraph (a) shall state the name and address of the person making the application, the grounds upon which the application is made, and a description of the person’s interest in the land.
(c) The Board shall, within one week from the receipt of an application under paragraph (a), require, by notice in writing, the planning authority concerned to submit to the Board copies of the materials referred to in subparagraph (i) of section 128(a), the report referred to in subparagraph (ii) of that section, and the decision and notification referred to in subparagraph (iii) of that section and the planning authority shall comply with such requirement within one week from the date of receiving the notice.
(d) The Board, or any member or employee of the Board duly authorised by the Board in that behalf, shall, where an applicant under this subsection shows that—
(i) the development F368[in respect of which a decision to grant permission has been made] will differ materially from the development as set out in the application for permission by reason of conditions imposed by the planning authority to which the grant is subject, and
(ii) that the imposition of such conditions will materially affect the applicant’s enjoyment of the land or reduce the value of the land,
within 4 weeks from the receipt of the application grant the applicant leave to appeal against the decision of the planning authority under subsection (1).
(e) The Board shall notify in writing the applicant and the planning authority of a decision to grant or refuse an application under this subsection within 3 days from its making.
(f) A person to whom leave to appeal has been granted under this subsection shall bring the appeal within 2 weeks from the receipt of the notification under paragraph (e).
(g) Notwithstanding section 34(11)(a)(i), where an application is made under this subsection a planning authority shall not make a grant of permission unless the application is refused.
(h) Where leave to appeal is granted under this subsection, subsection (2) of section 126 shall apply subject to the modification that the reference therein to 18 weeks shall be construed as a reference to 14 weeks.
(i) Where leave to appeal is granted under this section, a planning authority that has complied with paragraph (c) shall, in respect of the appeal, be deemed to have complied with the requirements of section 128.
F369[(7) Subject to the modification referred to in subsection (8), and any other necessary modifications, subsections (12) and (12A) of section 34 apply to the consideration by the Board of an application on appeal under subsection (1) against a decision of the planning authority.
(8) The modification is that the reference in section 34(12) to the planning authority shall be construed as a reference to the Board.
(9) Where the Board refuses under section 34(12), as applied by subsection (7), to consider an application on appeal—
(a) it shall give the reasons for the refusal to the person who made the appeal,
(b) the application on appeal shall be deemed to have been withdrawn by the applicant for permission, and
(c) the refusal shall operate to annul the decision of the planning authority as from the time when that decision was given.]
Annotations
Amendments:
F364
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 13(a), S.I. No. 645 of 2023.
F365
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 75, S.I. No. 214 of 2014.
F366
Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 10, S.I. No. 525 of 2006.
F367
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. 8, in effect as per reg. 2(1).
F368
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 10, commenced on enactment.
F369
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 13(b), S.I. No. 645 of 2023.
Modifications (not altering text):
C94
Prospective affecting provision: application of section extended by Planning and Development Act 2024 (34/2024), s. 118(2), not commenced as of date of revision.
Status of permission, consent, approval granted under Act of 2000
188.— …
(2) A permission granted under section 37 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 109.
C95
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.
...
C96
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.
...
F370[Board’s jurisdiction in relation to certain planning applications.
37A.—(1) F371[Subject to Part XXI, an application for permission] for any development specified in the Seventh Schedule (inserted by the Planning and Development (Strategic Infrastructure) Act 2006) shall, if the following condition is satisfied, be made to the Board under section 37E and not to a planning authority.
(2) That condition is that, following consultations under section 37B, the Board serves on the prospective applicant a notice in writing under that section stating that, in the opinion of the Board, the proposed development would, if carried out, fall within one or more of the following paragraphs, namely—
(a) the development would be of strategic economic or social importance to the State or the region in which it would be situate,
(b) the development would contribute substantially to the fulfilment of any of the objectives in the F372[National Planning Framework] or in any F373[regional spatial and economic strategy] in force in respect of the area or areas in which it would be situate,
(c) the development would have a significant effect on the area of more than one planning authority.
(3) In subsection (2) "prospective applicant" means the person referred to in section 37B(1).]
F374[(4) (a) Notwithstanding subsection (1), where an application for permission is being made in relation to a development specified in the Seventh Schedule that is located in a strategic development zone, the applicant may elect to make the application to the planning authority under section 34 and regulations made thereunder.
(b) Section 170 shall apply to an application made under paragraph (a).
(c) Section 37B shall not apply to an application made under paragraph (a).]
Annotations
Amendments:
F370
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
F371
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 13, S.I. No. 488 of 2022.
F372
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. no. 9, S.I. No. 436 of 2018.
F373
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 76, S.I. No. 214 of 2014.
F374
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 25, S.I. No. 477 of 2010.
F375[Discussions with Board before making of application.
37B.—(1) A person who proposes to apply for permission for any development specified in the Seventh Schedule shall, before making the application, enter into consultations with the Board in relation to the proposed development.
(2) Such a person is referred to subsequently in this section and in sections 37C and 37D as a "prospective applicant".
(3) In any consultations under subsection (1), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding—
(a) whether the proposed development would, if carried out, fall within one or more of paragraphs (a) to (c) of section 37A(2),
(b) the procedures involved in making a planning application and in considering such an application, and
(c) what considerations, related to proper planning and sustainable development or the environment, may, in the opinion of the Board, have a bearing on its decision in relation to the application.
(4) Where, following consultations under this section, the Board is of the opinion that the proposed development would, if carried out—
(a) fall within one or more of paragraphs (a) to (c) of section 37A(2), it shall serve a notice in writing on the prospective applicant stating that it is of that opinion, or
(b) not fall within any of those paragraphs, it shall serve a notice in writing on the prospective applicant stating that it is of that opinion.
(5) A notice under subsection (4)(b) shall include a statement that the prospective applicant’s application for permission, if it is proceeded with, must be made to the appropriate planning authority (and such an application, if it is proceeded with, shall be made to that planning authority accordingly).
(6) The Board shall serve a copy of a notice under subsection (4)(a) or (b), as the case may be, on the appropriate planning authority.
(7) No application for permission in respect of a development referred to in subsection (1) shall be made to a planning authority unless or until a notice is served under subsection (4)(b) in relation to the development.
(8) In this section "appropriate planning authority" means whichever planning authority would, but for the enactment of section 3 of the Planning and Development (Strategic Infrastructure) Act 2006, be the appropriate planning authority to deal with the application referred to in subsection (1).]
Annotations
Amendments:
F375
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
Modifications (not altering text):
C97
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 116(10), not commenced as of date of revision.
Pre-application consultation
116.— …
(10) Where a person is served with a notice under paragraph (a) of subsection (4) of section 37B of the Act of 2000 but does not make an application under section 37E of that Act before the repeal of the said section 37E by section 6, the notice shall be deemed to be a Chapter 4 PAC notification.
C98
Application of section restricted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 18(2)-(4), S.I. No. 403 of 2019.
Amendment of Seventh Schedule to Act of 2000 and related transitional provisions
18. ...
(2) Where, before the relevant day, a person has entered into consultations with the Board under section 37B of the Act of 2000 in relation to a relevant development but no notice under subsection (4)(a) of that section has been served on such person following such consultations, such consultations shall, on and after the relevant day and by virtue of this subsection, cease and, on an after the relevant day, no such notice shall be served on such person.
(3) (a) Paragraphs (b) and (c) apply where, before the relevant day, a notice has been served on a person under section 37B(4)(a) of the Act of 2000 in relation to a relevant development on a person but no related application has been made under section 37E of that Act.
(b) On and after the relevant day, the notice that has been served under section 37B(4)(a) of the Act of 2000 shall, by virtue of this subsection, be deemed to be withdrawn by the Board and—
(i) accordingly, the related application may not be made under section 37E of that Act or, if made, the Board shall refuse to deal with it, and
(ii) the Board shall, as soon as is practicable on or after the relevant day, give notice in writing to the person on whom such notice was served that he or she may not make the related application under section 37E of that Act and the reasons for that.
(c) This subsection shall not be construed as preventing the related application from being proceeded with by way of being made to the appropriate planning authority.
(4) (a) Paragraphs (b) and (c) apply where, before the relevant day, an application has been made under section 37E of the Act of 2000 in relation to a relevant development, but has not yet been determined by, the Board.
(b) On and after the relevant day, the notice that has been served under section 37B(4)(a) of the Act of 2000 that gave rise to the application shall, by virtue of this subsection, be deemed to be withdrawn by the Board and—
(i) accordingly, the Board shall refuse to further deal with the application,
(ii) the Board shall return the application to the person who made it together with any fee that accompanied the application, and
(iii) the Board shall, as soon as is practicable on or after the relevant day, give notice in writing to the person who made the application, and any other person who has made submissions or observations on the application, that the Board will no longer deal with the application and the reasons for that.
(c) This subsection shall not be construed as preventing the application from being proceeded with by way of being made to the appropriate planning authority.
(5) Sections 146B and 146C of the Act of 2000 shall, on and after the relevant day, cease to apply to a decision of the Board to grant permission under section 37G of that Act to a relevant development.
(6) In this section—
“planning authority” means a local authority within the meaning of section 2 of the Act of 2001;
“relevant day” means the day on which subsection (1) comes into operation;
“relevant development” means the development deleted, by subsection (1), from paragraph 2 of the Seventh Schedule to the Act of 2000.
F376[Section 37B: supplemental provisions.
37C.—(1) A prospective applicant shall, for the purposes of consultations under section 37B, supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development.
(2) The holding of consultations under section 37B shall not prejudice the performance by the Board of any other of its functions under this Act or regulations under this Act and cannot be relied upon in the formal planning process or in legal proceedings.
(3) The Board shall keep a record in writing of any consultations under section 37B in relation to a proposed development, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any planning application in respect of the proposed development relates.
(4) The Board may consult with any person who may, in the opinion of the Board, have information which is relevant for the purposes of consultations under section 37B in relation to a proposed development.]
Annotations
Amendments:
F376
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
F377[Application for opinion under section 37CD
37CC.—(1) A person who proposes to apply for permission for any development specified in the Seventh Schedule (referred to in this section and section 37CD as a "prospective applicant") may request a meeting with the Board for the purposes of section 37CD as part of consultations referred to in section 37B(1).
(2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—
(a) the name and address of the prospective applicant,
(b) a site location map sufficient to identify the land on which the proposed development would be situated,
(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,
(d) a draft layout plan of the proposed development,
(e) a description of—
(i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and
(ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided, before the prospective applicant has confirmed the details referred to in subparagraph (i) including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,
(f) an undertaking to provide with the proposed application, either—
(i) two or more options, in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided,
(ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made and decided, or
(iii) a combination of subparagraphs (i) and (ii),
(g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and
(h) such other information as may be prescribed.
(3) Where a prospective applicant submits a request in accordance with subsection (1) the Board shall convene a meeting for the purposes of section 37CD.
(4) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened under subsection (3), including—
(a) matters that are required to be considered at the meeting,
(b) matters that may be considered at the meeting, and
(c) the manner in which the meeting is to be conducted.]
Annotations
Amendments:
F377
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 14, S.I. No. 645 of 2023.
Editorial Notes:
E184
Power pursuant to subs. (4) exercised (16.12.2023) by Planning and Development (Amendment) (No. 3) Regulations 2023 (S.I. No. 655 of 2023).
F378[Opinion as to flexibility with regard to certain applications
37CD.—(1) The Board shall, as soon as practicable after a meeting convened under section 37CC(3) takes place, consider—
(a) the information included in the request for the meeting under section 37CC, and
(b) any other relevant information that is made available at the meeting,
and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application.
(2) Where the Board serves a notice under section 37B(4)(a) it shall, where it determines that it is satisfied in accordance with subsection (1), serve an opinion to that effect with such notice.
(3) Where the Board serves a notice under section 37B(4)(a) it shall, where it determines that it is not satisfied in accordance with subsection (1), notify the prospective applicant to that effect.
(4) An opinion under subsection (2) shall specify—
(a) the details, or groups of details, of the proposed development that may be confirmed after the proposed application has been made and decided,
(b) the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in paragraph (a), and
(c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act, be accompanied by the information referred to in section 37CC(2)(f).
(5) A meeting held, and any opinion issued, for the purposes of this section shall be part of consultations held under section 37B.
(6) An opinion issued by the Board under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 37E.
(7) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the Board providing an opinion under subsection (2), including the form of the opinion.]
Annotations
Amendments:
F378
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 14, S.I. No. 645 of 2023.
Modifications (not altering text):
C99
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 119(6), (7), not commenced as of date of revision.
Opinion with regard to making of application where certain aspects of proposed development not confirmed
119.— …
(6) An opinion under subsection (2) of section 37CD or subsection (2) of section 287B of the Act of 2000 shall operate as if it were an opinion under paragraph (a) of subsection (1).
(7) A notification under subsection (3) of section 37CD or subsection (3) of section 287B of the Act of 2000 shall operate as if it were a notification under paragraph (b) of subsection (1).
Editorial Notes:
E185
Power pursuant to subs. (7) exercised (16.12.2023) by Planning and Development (Amendment) (No. 3) Regulations 2023 (S.I. No. 655 of 2023).
F379[Offence of taking payment, etc. in connection with section 37CD procedure
37CE.—A member or official of the Board who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an opinion or notification under section 37CD commits an offence.]
Annotations
Amendments:
F379
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 14, S.I. No. 645 of 2023.
F380[Opinion by Board on information to be contained in environmental impact statement.
37D.—(1) Where a notice has been served under section 37B(4)(a) in relation to proposed development, a prospective applicant may request the Board to give to him or her an opinion in writing prepared by the Board on F381[the scope and level of detail of the information to be included] in an F382[environmental impact assessment report] in relation to the development.
(2) On receipt of such a request the Board shall—
(a) consult with the requester and such bodies as may be specified by the Minister for the purpose, and
(b) F383[after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment,] comply with the request as soon as is practicable.
(3) A prospective applicant shall, for the purposes of the Board’s complying with a request under this section, supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development.
F384[(3A) Where an opinion referred to in subsection (2) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]
(4) The provision of an opinion under this section shall not prejudice the performance by the Board of any other of its functions under this Act or regulations under this Act and cannot be relied upon in the formal planning process or in legal proceedings.]
Annotations
Amendments:
F380
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
F381
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 9(a), in effect as per reg. 2(1).
F382
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. 9, in effect as per reg. 2(1).
F383
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 9(b), in effect as per reg. 2(1).
F384
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 9(c), in effect as per reg. 2(1).
Modifications (not altering text):
C100
Transitional arrangements provided (21.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(1)(b)(i), in effect as per reg. 2(1).
Transitional arrangements
3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases: ...
(b) a request has been made, before 16 May 2017—
(i) under section 37D (1), 173(2)(a) or (3)(a), 181C(3)(b) or 182E(3) of the Act of 2000, as so in force, for an opinion to be given or provided by the planning authority or the Board, as the case may be, on the information required to be contained in an environmental impact statement relating to such development, or
...
(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.
(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.
(4) In this Regulation—
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Regulations of 2001” means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Editorial Notes:
E186
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E187
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).
F385[Application to Board.
37E.—(1) An application for permission for development in respect of which a notice has been served under section 37B(4)(a) shall be made to the Board and shall be accompanied by an F386[environmental impact assessment report] in respect of the proposed development.
(2) The Board may refuse to deal with any application made to it under this section where it considers that the application for permission or the F387[environmental impact assessment report] is inadequate or incomplete, having regard in particular to the permission regulations and any regulations made under section 177 or to any consultations held under section 37B.
(3) Before a person applies for permission to the Board under this section, he or she shall—
(a) publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—
(i) stating that—
(I) the person proposes to make an application to the Board for permission for the proposed development,
(II) an F388[environmental impact assessment report] has been prepared in respect of the proposed development, and
(III) where relevant, the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or other party to the Transboundary Convention,
(ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the application and the F389[environmental impact assessment report] may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),
(iii) inviting the making, during such period, of submissions and observations to the Board relating to—
(I) the implications of the proposed development for proper planning and sustainable development, and
(II) the likely effects on the environment of the proposed development,
if carried out, and
(iv) specifying the types of decision the Board may make, under section 37G, in relation to the application,
(b) send a prescribed number of copies of the application and the F390[environmental impact assessment report] to the planning authority or authorities in whose area or areas the proposed development would be situated,
(c) send a prescribed number of copies of the application and the F391[environmental impact assessment report] to any prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—
(i) the implications of the proposed development for proper planning and sustainable development, and
(ii) the likely effects on the environment of the proposed development,
if carried out, and
(d) where the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or a state which is a party to the Transboundary Convention, send a prescribed number of copies of the application and the F392[environmental impact assessment report] to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board.
(4) The planning authority for the area (or, as the case may be, each planning authority for the areas) in which the proposed development would be situated shall, within 10 weeks from the making of the application to the Board under this section (or such longer period as may be specified by the Board), prepare and submit to the Board a report setting out the views of the authority on the effects of the proposed development on the environment and the proper planning and sustainable development of the area of the authority, having regard in particular to the matters specified in section 34(2).
(5) The F393[chief executive] of a planning authority shall, before submitting any report in relation to a proposed development to the Board under subsection (4), submit the report to the members of the authority and seek the views of the members on the proposed development.
(6) The members of the planning authority may, by resolution, decide to attach recommendations specified in the resolution to the report of the authority; where the members so decide those recommendations (together with the meetings administrator’s record) shall be attached to the report submitted to the Board under subsection (4).
(7) In subsection (6) ‘the meetings adminis trator’s record’ means a record prepared by the meetings administrator (within the meaning of section 46 of the Local Government Act 2001) of the views expressed by the members on the proposed development.
(8) In addition to the report referred to in subsection (4), the Board may, where it considers it necessary to do so, require the planning authority or authorities referred to in that subsection or any planning authority or authorities on whose area or areas it would have a significant effect to furnish to the Board such information in relation to the effects of the proposed development on the proper planning and sustainable development of the area concerned and on the environment as the Board may specify.]
Annotations
Amendments:
F385
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
F386
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. 10, in effect as per reg. 2(1).
F387
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. 11, in effect as per reg. 2(1).
F388
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. 12, in effect as per reg. 2(1).
F389
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. 13, in effect as per reg. 2(1).
F390
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. 14, in effect as per reg. 2(1).
F391
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. 15, in effect as per reg. 2(1).
F392
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. 16, in effect as per reg. 2(1).
F393
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 51, S.I. No. 436 of 2018.
Modifications (not altering text):
C101
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.
...
Editorial Notes:
E188
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E189
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).
F394[Section 37E: supplemental provisions.
37F.—(1) Before determining any application for permission under section 37E the Board may, at its absolute discretion and at any time—
(a) require the applicant for permission to submit further information, including a revised F395[environmental impact assessment report],
(b) indicate that it is considering granting permission, subject to the applicant for permission submitting revised particulars, plans or drawings in relation to the development,
(c) request further submissions or observations from the applicant for permission, any person who made submissions or observations, or any other person who may, in the opinion of the Board, have information which is relevant to the determination of the application,
(d) without prejudice to subsections (2) and (3), make any information relating to the application available for inspection, notify any person or the public that the information is so available and, if it considers appropriate, invite further submissions or observations to be made to it within such period as it may specify, or
(e) hold meetings with the applicant for permission or any other person—
(i) where it appears to the Board to be expedient for the purpose of determining the application, or
(ii) where it appears to the Board to be necessary or expedient for the purpose of resolving any issue with the applicant for permission or any disagreement between the applicant and any other party, including resolving any issue or disagreement in advance of an oral hearing.
(2) Where an applicant submits a revised F396[environmental impact assessment report] to the Board in accordance with subsection (1)(a) or otherwise submits further information or revised particulars, plans or drawings in accordance with subsection (1), which, in the opinion of the Board, contain significant additional information on the effect of the proposed development on the environment to that already submitted, the Board shall—
(a) make the information, particulars, plans or drawings, as appropriate, available for inspection,
(b) give notice that the information, particulars, plans or drawings are so available, and
(c) invite further submissions or observations to be made to it within such period as it may specify.
(3) Where the Board holds a meeting in accordance with subsection (1)(e), it shall keep a written record of the meeting and make that record available for inspection.
(4) The Board, or an employee of the Board duly authorised by the Board, may appoint any person to hold a meeting referred to in subsection (1)(e).
(5) Before making a decision under section 37G in respect of proposed development comprising or for the purposes of an activity for which F397[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development.
(6) When making its decision under section 37G on the application the Board shall have regard to the observations, if any, received from the Environmental Protection Agency within the period specified under subsection (5).
(7) The Board may, at any time after the expiration of the period specified in a notice under section 37E(3)(a) for making submissions or observations, make its decision under section 37G on the application.
(8) The making of observations by the Environmental Protection Agency under this section shall not prejudice any other function of the Agency.]
Annotations
Amendments:
F394
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
F395
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. 17, in effect as per reg. 2(1).
F396
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. 18, in effect as per reg. 2(1).
F397
Substituted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(d), S.I. No. 417 of 2024.
F398[Decision by Board on application under section 37E.
37G.—(1) When making a decision in respect of a proposed development for which an application is made under section 37E, the Board may consider any relevant information before it or any other matter to which, by virtue of this Act, it can have regard.
(2) Without prejudice to the generality of subsection (1), the Board shall consider—
(a) the F399[environmental impact assessment report] submitted under section 37E(1), any submissions or observations made, in response to the invitation referred to in section 37E(3), within the period referred to in that provision, the report (and the recommendations and record, if any, attached to it) submitted by a planning authority in accordance with section 37E(4), any information furnished in accordance with section 37F(1) and any other relevant information before it relating to—
(i) the likely consequences of the proposed development for proper planning and sustainable development in the area in which it is proposed to situate the development, and
(ii) the likely effects on the environment of the proposed development,
(b) any report or recommendation prepared in relation to the application in accordance with section 146, including the report of the person conducting any oral hearing of the proposed development and the written record of any meeting referred to in section 37F(3),
(c) the provisions of the development plan or plans for the area,
(d) the provisions of any special amenity area order relating to the area,
(e) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,
(f) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact,
(g) the matters referred to in section 143,
(h) any relevant provisions of this Act and of any regulations made under this Act.
(3) The Board may, in respect of an application under section 37E for permission—
(a) decide—
(i) to grant the permission, or
(ii) to make such modifications to the proposed development as it specifies in its decision and grant permission in respect of the proposed development as so modified, or
(iii) to grant permission in respect of part of the proposed development (with or without specified modifications of it of the foregoing kind),
or
(b) decide to refuse to grant the permission,
and a decision to grant permission under paragraph (a)(i), (ii) or (iii) may be subject to or without conditions.
(4) Where an application under section 37E relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not, where it decides to grant permission, subject that permission to conditions which are for the purposes of—
(a) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or
(b) controlling emissions related to or following the cessation of the operation or the activity.
F400[(4A) Where an application under section 37E relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to grant permission, subject that permission to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.]
(5) Where an application under section 37E relates to proposed development which comprises or is for the purposes of an activity for which F401[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may, in respect of that development, decide to refuse a grant of permission under this section, where the Board considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development will be situated.
(6) The Board may decide to grant a permission for development, or any part of a development, under this section even if the proposed development, or part thereof, contravenes materially the development plan relating to any area in which it is proposed to situate the development.
(7) Without prejudice to the generality of the Board’s powers to attach conditions under subsection (3) the Board may attach to a permission for development under this section—
(a) a condition with regard to any of the matters specified in section 34(4),
(b) a condition requiring the payment of a contribution or contributions of the same kind as the appropriate planning authority could require to be paid under section 48 or 49 (or both) were that authority to grant the permission (and the scheme or schemes referred to in section 48 or 49, as appropriate, made by that authority shall apply to the determination of such contribution or contributions),
(c) a condition requiring the applicant to submit further information to it or any other local or state authority, as the Board may specify before commencing development, or
(d) a condition requiring—
(i) the construction or the financing, in whole or in part, of the construction of a facility, or
(ii) the provision or the financing, in whole or in part, of the provision of a service,
in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.
F402[(7A) Notwithstanding subsection (3), where the Board grants permission for a development on foot of an application accompanied by an opinion issued by the Board under section 37CD(2) the permission shall include a condition in respect of any detail of the development that was not confirmed at the time of the application requiring—
(a) the actual detail to fall within specified options, parameters or a combination of options and parameters, and
(b) the applicant to notify the planning authority in whose functional area or areas the development is situated in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.]
(8) A condition attached pursuant to subsection (7)(d) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the permission operates of the benefits likely to accrue from the grant of the permission.
(9) In subsection (7)(b) ‘appropriate planning authority ’means whichever planning authority would, but for the enactment of section 3 of the Planning and Development (Strategic Infrastructure) Act 2006, be the appropriate planning authority to grant the permission referred to in this section.
(10) The conditions attached under this section to a permission may provide that points of detail relating to the grant of the permission may be agreed between the planning authority or authorities in whose functional area or areas the development will be situate and the person carrying out the development; if that authority or those authorities and that person cannot agree on the matter the matter may be referred to the Board for determination.
(11) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section or sections 37H to 37J to the area in which the proposed development would be situated includes, if the context admits, a reference to the 2 or more areas in which the proposed development would be situated and cognate references shall be construed accordingly.]
Annotations
Amendments:
F398
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
F399
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. 19, in effect as per reg. 2(1).
F400
Inserted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(e)(i), S.I. No. 417 of 2024.
F401
Substituted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(e)(ii), S.I. No. 417 of 2024.
F402
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 15, S.I. No. 645 of 2023.
Modifications (not altering text):
C102
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 118(3), not commenced as of date of revision.
Status of permission, consent, approval granted under Act of 2000
188.— …
(3) A permission granted under section 37G, 37N or 293 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.
Editorial Notes:
E190
Power pursuant to subs. (7A)(b) exercised (16.12.2023) by Planning and Development (Amendment) (No. 3) Regulations 2023 (S.I. No. 655 of 2023).
F403[Section 37G: supplemental provisions.
37H.—(1) The Board shall send a copy of a decision under section 37G to the applicant, to any planning authority in whose area the development would be situated and to any person who made submissions or observations on the application for permission.
F404[(1A) (a) The Board shall cause to be published F405[as soon as may be] in one or more newspapers circulated in the area a notice informing the public of a decision under section 37G.
(b) The notice shall state that a person may question the validity of any such decision 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.
(c) The notice shall identify where practical information on the review mechanism can be found.]
(2) A decision given under section 37G and the notification of the decision shall state—
(a) F406[subject to paragraph (ba),] the main reasons and considerations on which the decision is based,
(b) F407[subject to paragraph (bb),] where conditions are imposed in relation to the grant of any permission, the main reasons for the imposition of any such conditions, F408[…]
F409[(ba) in relation to the granting or refusal of any permission, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to grant or refuse permission is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to grant or refuse permission,
(bb) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to the grant of any permission is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,
(bc) in relation to the granting or refusal of any permission, subject to or without conditions, that the Board 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]
F410[(c) the sum due to be paid to the Board towards the costs incurred by the Board of—
(i) conducting consultations entered into by an applicant under section 37B,
(ii) compliance by the Board with a request by an applicant for an opinion of the Board under section 37D, or
(iii) determining an application under section 37E,
and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of the sum to any planning authority that incurred costs during the course of consideration of that application and to any other person as a contribution to the costs incurred by that person during the course of consideration of that application (each of which sums the Board may, by virtue of this subsection, require to be paid).]
F411[(2A) A decision given under section 37G and the notification of the decision 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.]
(3) A reference to costs in subsection (2)(c) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.
(4) A grant of permission under section 37G shall be made as soon as may be after the making of the relevant decision but shall not become operative until any requirement made under subsection (2)(c) in relation to the payment by the applicant of a sum in respect of costs has been complied with.
(5) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement made under subsection (2)(c) the Board, the authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.
(6) A person shall not be entitled solely by reason of a permission under section 37G to carry out any development.]
Annotations
Amendments:
F403
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
F404
Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 10(b).
F405
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(a), in effect as per reg. 2(1).
F406
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(b)(i), in effect as per reg. 2(1).
F407
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(b)(ii)(I), in effect as per reg. 2(1).
F408
Deleted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(b)(ii)(II), in effect as per reg. 2(1).
F409
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(b)(iii), in effect as per reg. 2(1).
F410
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 26, S.I. No. 405 of 2010.
F411
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(c), in effect as per reg. 2(1).
Editorial Notes:
E191
Previous affecting provision: subs. (2)(c) inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006; substituted (19.08.2010) as per F-note above.
F412[Regulations.
37I.—(1) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of—
(a) consultations under section 37B,
(b) the giving of an opinion under section 37D,
(c) applications for permission under section 37E F413[including applications accompanied by an opinion under section 37CD(2)], and
(d) decisions under section 37G.
(2) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) make provision for matters of procedure in relation to the making of an application under section 37E, including the giving of public notice and the making of applications in electronic form, and
(b) make provision for matters of procedure relating to the making of observations by the Environmental Protection Agency under section 37F(5) and matters connected therewith.]
Annotations
Amendments:
F412
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
F413
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 16, S.I. No. 645 of 2023.
Editorial Notes:
E192
Power pursuant to subs. (1)(c) exercised (16.12.2023) by Planning and Development (Amendment) (No. 3) Regulations 2023 (S.I. No. 655 of 2023).
E193
Power pursuant to section exercised (4.11.2021) by Planning and Development (Amendment) (No. 3) Regulations 2021 (S.I. No. 588 of 2021).
E194
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E195
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E196
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E197
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).
F414[Objective of the Board in relation to applications under section 37E.
37J.—(1) It shall be the duty of the Board, having regard to the special importance of applications relating to development that may fall within section 37A(2), to ensure that—
(a) consultations held on foot of a request under section 37B are completed, and
(b) a decision under section 37G on an application made under section 37E is made,
as expeditiously as is consistent with proper planning and sustainable development and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the holding of those consultations or the making of that decision.
(2) Without prejudice to the generality of subsection (1) and subject to subsections (3) to (6), it shall be the objective of the Board to ensure that a decision under section 37G on an application made under section 37E is made—
(a) within a period of 18 weeks beginning on the last day for making submissions or observations in accordance with the notice referred to in section 37E(3)(a), or
(b) within such other period as the Minister may prescribe either generally or in respect of a particular class or classes of matter.
(3) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of the matter with which the Board is concerned, to determine the matter within the period referred to in paragraph (a) or (b) of subsection (2) as the case may be, the Board shall, by notice in writing served on the applicant for permission, any planning authority involved and any other person who submitted submissions or observations in relation to the matter before the expiration of that period, inform the authority and those persons of the reasons why it would not be possible or appropriate to determine the matter within that period and shall specify the date before which the Board intends that the matter shall be determined.
(4) Where a notice has been served under subsection (3), the Board shall take all such steps as are open to it to ensure that the matter is determined before the date specified in the notice.
(5) The Minister may by regulations vary the period referred to in subsection (2)(a) either generally or in respect of a particular class or classes of applications referred to in section 37E, where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as the regulations are in force, this section shall be construed and have effect in accordance therewith.
(6) Where the Minister considers it to be necessary or expedient that a certain class or classes of application under section 37E that are of special strategic, economic or social importance to the State be determined as expeditiously as is consistent with proper planning and sustainable development, he or she may give a direction to the Board that priority be given to the determination of applications of the class or classes concerned, and the Board shall comply with such a direction.
(7) The Board shall include in each report made under section 118 a statement of the number of matters which the Board has determined within a period referred to in paragraph (a) or (b) of subsection (2) and such other information as to the time taken to determine such matters as the Minister may direct.]
Annotations
Amendments:
F414
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
F415[Nuclear installations: no development in respect of them authorised.
37K.—Nothing in this Act shall be construed as enabling the authorisation of development consisting of an installation for the generation of electricity by nuclear fission.]
Annotations
Amendments:
F415
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.
F416[Quarry substitute consent applications — Board’s jurisdiction in relation to simultaneous applications for further development
37L.—F417[(1) Where a person applies for substitute consent in respect of development of land under section 177E, the person may also apply for permission for the following:
(a) development of the land the subject of the application for substitute consent;
(b) development of land adjoining the land the subject of the application for substitute consent.]
(2) An application for permission F418[…] under subsection (1) shall be made to the Board.
F417[(3) Development referred to in paragraph (a) or (b) of subsection (1) is not required to be the same as, or of the same description as, the development the subject of the application for substitute consent referred to in that subsection.]
(4) Subject to subsections (5) and (6), an application under subsection (1) may be made not later than 6 weeks after the date of receipt by the Board of the application for substitute consent.
F417[(5) Where prior to the date of the coming into operation of section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022 an application for substitute consent has been made under section 177E, but no decision has been made by the Board in respect of that application prior to or on that date, an application for permission may be made under subsection (1) as substituted by that section 17, within 6 months of that date.]
F417[(6) An application may not be made under subsection (1), as substituted by section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, where a decision has been made by the Board in respect of the application for substitute consent referred to in subsection (1) as so substituted, prior to or on the date of the coming into operation of that section 17.]
F417[(7) Where—
(a) subsection (5), as substituted by section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, applies, and
(b) the applicant for substitute consent informs the Board by notice in writing prior to it making its decision in respect of the application for substitute consent, in this subsection referred to as the "first application", that he or she intends to submit an application for permission under subsection (1), as substituted by that section 17, in this subsection referred to as the "second application",
the Board shall, notwithstanding section 177P(1), not make its decision on the first application prior to—
(i) the date that is 6 months after the date of the coming into operation of that section 17,
(ii) the date the second application is received by the Board, or
(iii) the date the applicant for substitute consent informs the Board by notice in writing that he or she no longer intends to submit a second application,
whichever is the earlier.]
(8) Where the Board receives an application for permission under subsection (1) F418[…], it shall consider that application in conjunction with the application for substitute consent F419[referred to in subsection (1)] and it shall be the duty of the Board to take all such steps as are open to it to ensure that the decision under section 37N is made as soon as possible after the decision on the application for substitute consent.
(9) The Board, at its own discretion and at the request of a person intending to make an application under subsection (1), may enter into consultations with the person before that person makes an application under subsection (1).
(10) On receipt of an application under subsection (1), the Board shall send a copy of the application and, where relevant, any F419[environmental impact assessment report] or Natura impact statement to the planning authority or authorities in whose functional area or areas the proposed development would be situated.
(11) Where the Board considers that the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state which is a party to the Transboundary Convention, it shall send a copy of the application and, where relevant, any F419[environmental impact assessment report] or Natura impact statement to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may be made in writing to the Board within the period specified in that notice.
(12)(a) Where requested to do so by the Board, the planning authority for the functional area (or, as the case may be, each planning authority for the functional areas) in which the proposed development would be situated shall, within 6 weeks from the making of the request, prepare and submit to the Board a report setting out the views of the authority on the effects of the proposed development on the environment and the proper planning and sustainable development of the functional area of the authority, having regard in particular to the matters specified in section 34(2) to which a planning authority is to have regard.
(b) The Board may agree to extend the period specified in F419[paragraph (a)], provided that such period of extension shall not exceed 6 weeks.
(c) The Board may make a decision under section 37N(3) notwithstanding that a planning authority has failed to submit a report requested under paragraph (a) within the time specified in that paragraph or within such period of extension as may have been agreed under paragraph (b).
(13) In addition to the report referred to in subsection (12), the Board may, where it considers it necessary to do so, require the planning authority or authorities referred to in that subsection or any planning authority or authorities on whose functional area or areas the proposed development would have a significant effect to furnish to the Board such information in relation to the effects of the proposed development on the proper planning and sustainable development of the functional area concerned and on the environment as the Board may specify.]
Annotations
Amendments:
F416
Inserted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 4.
F417
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 17(a), (c)-(f), S.I. No. 645 of 2023, subject to transitional provision in s. 41(9).
F418
Deleted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 17(b), (g)(i), S.I. No. 645 of 2023, subject to transitional provision in s. 41(9).
F419
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 17(g)(ii), (h)-(j), S.I. No. 645 of 2023.
Modifications (not altering text):
C103
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 129(6), not commenced as of date of revision.
Applications for retrospective consent
129.— …
(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal—
(a) the said section 37L,
(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and
(c) regulations under section 37P of the Act of 2000,
shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.
F420[Section 37L: supplemental provisions
37M.—(1) Before making a decision in relation to an application for permission under section 37L the Board may, at its absolute discretion and at any time—
(a) require the applicant for permission to submit further information, including a revised F421[environmental impact assessment report] or Natura impact statement,
(b) indicate that it is considering granting permission, subject to the applicant for permission submitting revised particulars, plans or drawings in relation to the development,
(c) request submissions or observations from the applicant for permission, any person who made written submissions or observations concerning the proposed development to it in accordance with the permission regulations, or any other person who may, in the opinion of the Board, have information which is relevant to the making of the decision in relation to the application, or
(d) make any information relating to the application available for inspection, notify any person or the public that the information is so available and, if it considers appropriate, invite further submissions or observations to be made to it within such period as it may specify.
(2) The Board may, at any time after the expiration of the period specified in a notice issued under the permission regulations for making submissions or observations, make its decision under section 37N on the application.]
Annotations
Amendments:
F420
Inserted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 4.
F421
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 18, S.I. No. 645 of 2023.
Modifications (not altering text):
C104
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 129(6), not commenced as of date of revision.
Applications for retrospective consent
129.— …
(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal—
(a) the said section 37L,
(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and
(c) regulations under section 37P of the Act of 2000,
shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.
F422[Decision by Board on application under section 37L
37N.—(1) When making a decision in relation to an application under section 37L, the Board shall consider all information relating to the application provided to it under this Act and any matter to which, by virtue of this Act, it can have regard.
(2) Without prejudice to the generality of subsection (1), the Board shall consider—
(a)(i) any F423[environmental impact assessment report] or Natura impact statement submitted,
(ii) any submissions or observations made to it,
(iii) any report submitted by a planning authority in accordance with section 37L(12),
(iv) any information furnished in accordance with section 37L(13),
(v) any information furnished in accordance with section 37M(1), and
(vi) any other relevant information before it relating to—
(I) the likely consequences of the proposed development for proper planning and sustainable development in the area in which it is proposed to situate the development, and
(II) the likely effects on the environment of the proposed development,
(b) any report or recommendation prepared in relation to the application in accordance with section 146, including any report of a person conducting an oral hearing of the proposed development,
(c) the provisions of the development plan or plans for the area,
(d) the provisions of any special amenity area order relating to the area,
(e) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,
(f) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact, and
(g) the matters referred to in section 143.
(3) The Board may, in respect of an application under section 37L for permission, decide to grant the permission, subject to or without conditions, or to refuse it.
(4) The Board may decide to grant a permission for development, or any part of a development, under this section even if the proposed development, or part thereof, contravenes materially the development plan relating to any area in which it is proposed to situate the development where it considers that—
(a) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned, or
(b) permission for the proposed development should be granted having regard to guidelines under section 28 or any relevant policy of the Government, the Minister or any Minister of the Government.
(5) Where the Board grants a permission in accordance with subsection (4)(b), the Board shall, in addition to the requirements of section 37O(4), indicate in its decision the main reasons and considerations for contravening materially the development plan.
(6) Without prejudice to the generality of the Board’s powers to attach conditions under subsection (3) the Board may attach to a permission for development under this section—
(a) a condition with regard to any of the matters specified in section 34(4),
(b) a condition requiring the payment of a contribution or contributions of the same kind as the appropriate planning authority could require to be paid under section 48 or 49 (or both) were that authority to grant the permission (and the scheme or schemes referred to in section 48 or 49, as appropriate, made by that authority shall apply to the determination of such contribution or contributions in the same way as if the authority were to impose the condition), or
(c) a condition requiring the applicant to submit further information to it or any other local or state authority, as the Board may specify before commencing development.
(7) In subsection (6)(b) ‘appropriate planning authority’ means whichever planning authority would, but for the operation of section 37L, be the appropriate planning authority to grant the permission referred to in this section or, where the development is situated in the functional area of more than one planning authority, the planning authority in whose functional area the largest portion of the development, as determined by the Board by reference to area, is situated.
(8) The conditions attached under this section to a permission may provide that points of detail relating to the grant of the permission may be agreed between the planning authority or authorities in whose functional area or areas the development will be situate and the person carrying out the development; if that authority or those authorities and that person cannot agree on the point of detail, the point of detail may be referred to the Board for determination.
(9) The Board shall not grant a permission in respect of an application under section 37L that—
(a) is not made in accordance with, or
(b) does not comply with the requirements of,
the permission regulations.]
Annotations
Amendments:
F422
Inserted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 4.
F423
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 19, S.I. No. 645 of 2023.
Modifications (not altering text):
C105
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 129(6), not commenced as of date of revision.
Applications for retrospective consent
129.— …
(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal—
(a) the said section 37L,
(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and
(c) regulations under section 37P of the Act of 2000,
shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.
C106
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 118(3), not commenced as of date of revision.
Status of permission, consent, approval granted under Act of 2000
188.— …
(3) A permission granted under section 37G, 37N or 293 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.
F424[Section 37N: supplemental provisions
37O.—(1) The Board shall send a copy of a decision under section 37N, as soon as may be after the making of the decision, to—
(a) the applicant,
(b) any planning authority in whose functional area the development would be situated, and
(c) any person who made submissions or observations on the application for permission under section 37L to which the decision relates.
(2) A planning authority referred to in subsection (1) shall enter the details of the decision under section 37N in the register.
(3)(a) Where an F425[environmental impact assessment report] was submitted with the application for permission under section 37L to which the decision relates, the Board shall cause to be published on its website a notice informing the public of the decision under section 37N.
(b) The notice under paragraph (a) shall state that a person may question the validity of the decision by the Board to which the notice relates 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.
(c) The notice under paragraph (a) shall identify where practical information on the review mechanism can be found.
(4) A decision given under section 37N and a notice of the decision required to be given under subsection (3) shall state—
(a) the main reasons and considerations on which the decision is based,
(b) where conditions are imposed in relation to the grant of any permission, the main reasons for the imposition of any such conditions, F426[…]
F427[(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of an environmental impact assessment report) is materially different, in relation to the terms of the condition, from a recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting or for varying the recommendation in relation to such condition,
(bb) in relation to the grant or refusal of any permission, subject to or without conditions, that the Board is satisfied, where an environmental impact assessment was carried out, 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,
(bc) in summary form, 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 how those results have been incorporated into the decision or otherwise addressed, and]
(c) where a decision by the Board under section 37N F427[(being a decision which arises from the consideration of the environmental impact assessment report concerned)] to grant or to refuse permission is different, in relation to the granting or refusal of permission, from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the report to grant or refuse permission.
(5) A grant of permission under section 37N shall be made as soon as may be after the making of the relevant decision.
(6) A person shall not be entitled solely by reason of a permission under section 37N to carry out any development.]
Annotations
Amendments:
F424
Inserted (14.07.2015) by European Union (Environmental@newline@Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2014), reg. 4.
F425
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 20(a), S.I. No. 645 of 2023.
F426
Deleted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 20(b)(i), S.I. No. 645 of 2023.
F427
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 20(b)(ii), (iii), S.I. No. 645 of 2023.
Modifications (not altering text):
C107
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 129(6), not commenced as of date of revision.
Applications for retrospective consent
129.— …
(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal—
(a) the said section 37L,
(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and
(c) regulations under section 37P of the Act of 2000,
shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.
F428[Regulations
37P.—F429[(1) The Minister shall make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for permission under section 37L and decisions under section 37N.
(2) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) make provision for the payment of fees to the Board, and
(b) make provision for matters of procedure in relation to the making of an application under section 37L, including the giving of public notice and the making of applications in electronic form.]]
Annotations
Amendments:
F428
Inserted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 4.
F429
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 21(1), S.I. No. 645 of 2023, subject to transitional provisions in subss. (2)-(4).
Modifications (not altering text):
C108
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 129(6), not commenced as of date of revision.
Applications for retrospective consent
129.— …
(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal—
(a) the said section 37L,
(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and
(c) regulations under section 37P of the Act of 2000,
shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.
C109
SIs made under section continued in force (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 21(2)-(4), S.I. No. 645 of 2023.
(2) All regulations made under section 37P of the Principal Act and in force immediately before the date of the coming into operation of subsection (1) shall be deemed on and after that date to have been made under section 37P of the Principal Act as amended by subsection (1).
(3) Every act done, or purporting to have been done, under the regulations referred to in subsection (2) before the date of the coming into operation of subsection (1) shall on and after that date be, and be deemed always to have been, valid and effectual for all purposes.
(4) If subsection (2) or (3) would, but for this subsection, conflict with a constitutional right of any person, the operation of the subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall be otherwise of full force and effect.
Editorial Notes:
E198
Power pursuant to subs. (1) exercised (16.12.2023) by Planning and Development (Amendment) (No. 4) Regulations 2023 (S.I. No. 648 of 2023).
E199
Power pursuant to section exercised (10.09.2015) by Planning and Development (Amendment) (No. 3) Regulations 2015 (S.I. No. 387 of 2015).
E200
Power pursuant to section exercised (16.07.2015) by Planning and Development (Amendment) (No. 2) Regulations 2015 (S.I. No. 310 of 2015), in effect as per reg. 2.
F430[Objective of the Board in relation to applications under section 37L
37Q.—(1) It shall be the duty of the Board to ensure that a decision under section 37N on an application made under section 37L is made as expeditiously as is consistent with proper planning and sustainable development and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the making of that decision.
(2) Without prejudice to the generality of subsection (1) and subject to subsections (3) to (5), it shall be the objective of the Board to ensure that a decision under section 37N on an application made under section 37L is made within a period of 18 weeks beginning on the later of—
(a) the date of receipt of the application, or
(b) where a report requested under section 37L(12)(a) is received within the time specified in that paragraph or within such period of extension as may have been agreed under section 37L(12)(b), the date of receipt of that report.
(3) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of the matter with which the Board is concerned, to determine the matter within the period referred to in subsection (2), the Board shall, by notice in writing served on the applicant for permission, any planning authority involved and any other person who submitted submissions or observations in relation to the matter before the expiration of that period, inform the authority and those persons of the reasons why it would not be possible or appropriate to determine the matter within that period and shall specify the date before which the Board intends that the matter shall be determined.
(4) Where a notice has been served under subsection (3), the Board shall take all such steps as are open to it to ensure that the matter is determined before the date specified in the notice.
(5) The Board shall include in each report made under section 118 a statement of the number of matters which the Board has determined within the period referred to in subsection (2) and such other information as to the time taken to determine such matters as the Minister may direct.]
Annotations
Amendments:
F430
Inserted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 4.
Modifications (not altering text):
C110
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 129(6), not commenced as of date of revision.
Applications for retrospective consent
129.— …
(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal—
(a) the said section 37L,
(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and
(c) regulations under section 37P of the Act of 2000,
shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.
F431[Supplementary provisions relating to decisions on applications referred to in section 34B(1) or 34C(1) which were not refused by virtue of section 34B(5) or 34C(5)
37R.—(1) (a) This section applies in addition to section 37 in the case of an appeal under section 37 against a decision of the planning authority under section 34 where, pursuant to section 34B(15) or 34C(16), that decision incorporates a regulatory decision of the competent authority under section 34B(13)(a) or 34C(14)(a), as the case may be.
(b) The competent authority shall be a party to the appeal notwithstanding section 34B(15)(b) or 34C(16)(b).
(2) For the purposes of a relevant appeal, the reference in section 37(1) to ‘any person who made submissions or observations in writing in relation to the planning application to the planning authority’ includes any person who made submissions or observations in writing referred to in section 34B(11)(c) or 34C(12)(c) to the competent authority in relation to the draft regulatory decision or related report referred to in section 34B(9) or (10), as the case may be, or section 34C(10) or (11), as the case may be.
(3) (a) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to the Board’s consideration of the relevant appeal as if any reference to the competent authority in those subsections were a reference to the Board.
(b) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions forming part of the Board’s consideration of the relevant appeal as those subsections apply to measures and restrictions referred to in those subsections.
(c) The Board may, in its decision on the relevant appeal and its related report (subsection (7)(a)), accept or reject all or any part of either or both—
(i) the relevant regulatory decision the subject of the appeal, or
(ii) the report prepared under section 34B(10) and revised under section 34B(13)(b), or prepared under section 34C(11) and revised under section 34C(14)(b), as appropriate, which relates to such relevant regulatory decision.
(4) (a) Paragraphs (b) and (c) apply where the Board is considering, in its determination of the relevant appeal in so far as the appeal relates to the relevant regulatory decision, adopting noise mitigation measures or operating restrictions (if any), or a combination thereof, which were not, during the process that gave rise to the relevant regulatory decision, the subject of previous consultation conducted by the competent authority pursuant to section 34B or 34C, as the case may be.
(b) Subsection (12) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to the Board and the decision it is minded to make on the relevant appeal as if any reference to the competent authority in that subsection were a reference to the Board and as if any reference in that subsection to the draft regulatory decision were a reference to the decision that the Board is minded to make on the relevant appeal.
(c) The Board shall—
(i) publish on its website a draft of the decision it is minded to make on the relevant appeal in so far as the decision relates to the relevant regulatory decision—
(I) identifying all the noise mitigation measures and operating restrictions (if any) proposed to be adopted by the Board and not just such measures and restrictions (if any) referred to in paragraph (a), and
(II) stating, at a minimum, the Board’s reasons for the draft decision and having annexed to it the related report (subsection (4)(b)),
and
(ii) on the same date as complying with subparagraph (i) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper—
(I) stating that the Board has made a draft decision under paragraph (c)(i) on the relevant appeal in so far as the appeal relates to the relevant regulatory decision and prepared the related report (subsection (4)(b)),
(II) stating particulars of how persons may view or otherwise have access to the draft decision and related report (subsection (4)(b)) (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the Board during office hours),
(III) inviting persons to make submissions or observations in writing (and to provide a return address with such submissions or observations) in the specified form (if any) on the draft decision (including any annex thereto) before the expiration of 14 weeks beginning on the date on which the notice was so published in the national newspaper, and
(IV) stating particulars of the addresses (which shall include an electronic address) to which such submissions or observations may be sent.
(5) (a) The Board shall, as soon as is practicable after it complies with subsection (4), give each of the appellant and the other parties to the relevant appeal a copy of the draft decision referred to in subsection (4)(c)(i).
(b) For the avoidance of doubt, it is hereby declared that the appellant and the other parties to the relevant appeal may each make submissions or observations referred to in subsection (4)(c)(ii)(II) in accordance with that subsection.
(6) (a) Where subsection (4) applies, the Board shall, as soon as is practicable after it complies with paragraph (c) of that subsection, by notice in writing direct the airport authority to—
(i) engage in discussions with the Irish Aviation Authority and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft decision referred to in subsection (4)(c)(i), and
(ii) inform the Board of the outcome of those discussions before the expiration of the 14 weeks referred to in subsection (4)(c)(ii)(II).
(b) The airport authority shall comply with a direction given to it under paragraph (a).
(7) The Board shall, as soon as is practicable after it makes a decision on the relevant appeal in so far as the appeal relates to the relevant regulatory decision—
(a) publish on its website the first-mentioned decision, in so far as it so relates, to which is annexed a report prepared by the Board in relation to such decision stating the Board’s reasons for such decision and including therein—
(i) such of the matters referred to in paragraphs (a) to (j) of subsection (10) of section 34B or paragraphs (a) to (j) of subsection (11) of section 34C, as the case may be, as are appropriate (which inclusion may be achieved, at the Board’s discretion, by the adoption by it of any part of the report concerned referred to in subsection (3)(c)(ii)), and
(ii) if subsection (4) applies, the related report (subsection (4)(b)) revised by the Board to take into account all documents, submissions or observations (if any), and such other information, given to it pursuant to a provision of this section and to take into account the first-mentioned decision in so far as it so relates,
(b) on the same date as complying with paragraph (a) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper stating—
(i) that it has made a decision on the relevant appeal in so far as the appeal relates to the relevant regulatory decision,
(ii) particulars of how persons may view or otherwise have access to such decision (including any annex thereto) in so far as it so relates (which shall include being able to view the decision, or purchase a copy of the decision at a reasonable cost, at the offices of the Board during office hours), and
(iii) that a person may question the validity of the Board’s decision on the relevant appeal (including such decision in so far as it relates to the relevant regulatory decision) 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,
(c) send a copy of such decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the appellant, the other parties to the relevant appeal and (if the airport authority is neither the appellant nor another party to the relevant appeal) the airport authority, and
(d) if subsection (4) applied, send a copy of such decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the return addresses of the persons who have made submissions or observations referred to in subsection (4)(c)(ii)(II) in accordance with that subsection on the draft decision concerned.
(8) Where the Board has failed to make a decision under section 37 as read with this section in relation to the relevant appeal within the period it is required to do so by a provision of this Act and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Board shall nevertheless proceed to make such decision and the decision so made shall be considered to have been made under section 37 notwithstanding such failure.
(9) Subject to subsection (10), a noise mitigation measure to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision shall—
(a) come into effect on the day immediately following the day on which, pursuant to subsection (7), that first-mentioned decision is published on the website of the Board, and
(b) after coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the Board.
(10) The Board may, by notice published on its website on the same date as the decision first-mentioned in subsection (9) is, pursuant to subsection (7), also so published—
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and
(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.
(11) Subject to section 26 (b) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, the Board shall, in relation to an operating restriction to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision, take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.
(12) Subject to subsection (13), an operating restriction to which subsection (11) applies shall—
(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.
(13) The Board may, by notice published on its website at any time before the day first-mentioned in subsection (12)(a)—
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction to which subsection (12) applies, and
(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.
(14) In this section—
"related report (subsection (4)(b))" means the report (if any) prepared by the Board pursuant to subsection (4)(b);
"related report (subsection (7)(a))" means the report prepared by the Board pursuant to subsection (7)(a);
"relevant appeal" means an appeal referred to in subsection (1)(a);
"relevant regulatory decision", in relation to a relevant appeal, means the relevant regulatory decision referred to in subsection (1) which is incorporated into the planning authority’s decision under section 34 that is the subject of the relevant appeal.]
Annotations
Amendments:
F431
Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 12, S.I. No. 403 of 2019.
F432[Supplementary provisions relating to decisions on applications referred to in section 34B(1) or 34C(1)
37S.—(1) (a) This section applies in addition to section 37 in the case of an appeal under section 37 against a decision of the planning authority under section 34 where—
(i) pursuant to section 34B(1)(a), the competent authority concludes that it is not of the opinion referred to in section 34B(1)(a)(iii), or
(ii) pursuant to section 34B(5) or 34C(5), that decision is to refuse the application concerned.
(b) The competent authority shall be a party to the appeal notwithstanding section 34B(5)(d) or 34C(5)(d).
(2) Without prejudice to the generality of the Board’s powers under section 37, or under section 37 as read with any other provision of this Act, the Board shall, in determining the appeal—
(a) where subsection (1)(a)(i) applies, take into account such of the provisions of section 34B following subsection (1) of such section 34B, and of section 26 (b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal,
(b) where the refusal referred to in subsection (1)(a)(ii) arises from the operation of section 34B(5), take account of such of the provisions of section 34B following subsection (5) of such section 34B, and of section 26(b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal, or
(c) where the refusal referred to in subsection (1)(a)(ii) arises from the operation of section 34C(5), take account of such of the provisions of section 34C following subsection (5) of such section 34C, and of section 26(b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal.
(3) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to—
(a) the Board’s consideration of the appeal in so far as such consideration relates to—
(i) a conclusion referred to in subsection (1)(a)(i), or
(ii) a refusal referred to in subsection (1)(a)(ii),
and
(b) the Board’s determination of the appeal in so far as it so relates as referred to in paragraph (a),
as if any reference to the competent authority in those subsections (1) to (3) of that section 9 were a reference to the Board.
(4) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions forming part of the Board’s consideration of the appeal as those subsections apply to measures and restrictions referred to in those subsections.
(5) Subsection (12) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to—
(a) the Board and the decision it is minded to make on the appeal in so far as such decision relates to—
(i) a conclusion referred to in subsection (1)(a)(i), or
(ii) a refusal referred to in subsection (1)(a)(ii),
and
(b) the Board’s determination of the appeal in so far as it so relates as referred to in paragraph (a),
as if any reference to the competent authority in such subsection (12) were a reference to the Board and as if any reference in such subsection (12) to the draft regulatory decision were a reference to the decision that the Board is minded to make on such appeal.]
Annotations
Amendments:
F432
Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 12, S.I. No. 403 of 2019.
Availability of documents relating to planning applications.
38.—F433[(1) Where a planning authority gives its decision in respect of a planning application the following documents shall be made available by the authority within 3 working days by placing the documents on its website, and may also make available such documents both in electronic form and for inspection and purchase by members of the public during office hours:]
(a) a copy of the planning application and of any particulars, evidence, F434[environmental impact assessment report], other written study or further information received or obtained by the authority from the applicant in accordance with regulations under this Act;
(b) a copy of any submissions or observations in relation to the planning application which have been received by the authority;
(c) a copy of any report prepared by or for the authority in relation to the planning application;
(d) a copy of the decision of the authority in respect of the planning application and a copy of the notification of the decision given to the applicant; and
(e) a copy of any documents relating to a contribution or other matter referred to in section 34 (5).
F435[(1A) Details of any telephone numbers of the applicant or addresses for communication with the applicant in electronic form provided by or on behalf of the applicant shall be taken not to be part of the planning application and shall not be made available by a planning authority to members of the public.]
(2) Without prejudice to the Freedom of Information Act, 1997, and the European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998 (S.I. No. 125 of 1998), and any regulations amending those regulations, F436[…] the documents referred to under subsection (1) shall be available for inspection for a period of not less than 7 years after the making of the decision by the authority.
F437[(3)(a) Where a planning application is not accompanied by an environmental impact assessment report, any other document referred to in subsection (1)(a) or (b) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority by placing the document on the authority’s website for inspection or in other electronic form.
(b) Where a planning application is accompanied by an environmental impact assessment report—
(i) a document referred to in subsection (1)(a) which is received or obtained by a planning authority shall be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document and may also be made available for inspection by the authority in other electronic form,
(ii) a document referred to in subsection (1)(b) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority for inspection by placing the document on the authority’s website or in other electronic form, and
(iii) a document referred to in subsection (1)(c), (d) or (e) which is received or obtained by a planning authority shall be placed on its website for inspection within 3 working days of the giving of the decision in respect of the application.]
F438[(3A) Without prejudice to the Freedom of Information Act 2014, and the European Communities (Access to Information on the Environment) Regulations 2007 to 2014, and any regulations amending those regulations, and the Data Protection Acts 1988 to 2018, the documents placed on the planning authority’s website pursuant to subsection (3)(b) shall be maintained and available for inspection thereon in perpetuity.]
(4) Copies of documents under this section shall be available for purchase on payment of a specified fee not exceeding the reasonable cost of making such a copy.
(5) At the end of the period for the availability of documents referred to in subsection (2), a planning authority shall retain at least one original copy of each of those documents in a local archive in accordance with section 65 of the Local Government Act, 1994.
(6) The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of documents relating to planning applications.
(7) This section shall apply in respect of any application made to a planning authority after the commencement of this section.
Annotations
Amendments:
F433
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 25, S.I. No. 436 of 2018.
F434
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. 20, in effect as per reg. 2(1).
F435
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 27(b), S.I. No. 477 of 2010.
F436
Deleted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 191, S.I. No. 174 of 2018.
F437
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 11(b), in effect as per reg. 2(1).
F438
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 11(b), in effect as per reg. 2(1).
Modifications (not altering text):
C111
Application of section and regulations made thereunder restricted (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 4(2)(a).
Scope
4. (1) These Regulations apply to environmental information other than, subject to sub-article (2), information that, under any statutory provision apart from these Regulations, is required to be made available to the public, whether for inspection or otherwise.
(2) Notwithstanding—
(a) section 38 of the Planning and Development Act 2000 (No. 30 of 2000) and any regulations made thereunder,
...
environmental information held by, or on behalf of, a public authority shall be made available in accordance with these Regulations.
Editorial Notes:
E201
Power pursuant to subs. (6) exercised (22.05.2020) by Planning and Development Act 2000 (Section 38) Regulations 2020 (S.I. No. 180 of 2020).
E202
Previous affecting provision: subs. (1) amended (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 11(a), in effect as per reg. 2(1); subsection substituted as per F-note above.
E203
Previous affecting provision: subs. (1) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 27(a), S.I. No. 477 of 2010; substituted as per F-note above.
E204
Previous affecting provision: subs. (2) amended (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 11, S.I. No. 525 of 2006; amendment deleted as per F-note above.
Supplemental provisions as to grant of permission.
39.—(1) Where permission to develop land or for the retention of development is granted under this Part, then, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land and of all persons for the time being interested therein.
(2) Where permission is granted under this Part for a structure, the grant of permission may specify the purposes for which the structure may or may not be used, and in case the grant specifies use as a dwelling as a purpose for which the structure may be used, the permission may also be granted subject to a condition specifying that the use as a dwelling shall be restricted to use by persons of a particular class or description and that provision to that effect shall be embodied in an agreement under section 47.
(3) (a) Where permission to develop land is granted under this Part for a limited period only, nothing in this Part shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.
(b) In determining for the purposes of this subsection the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land begun in contravention of this Part.
(4) Notwithstanding anything in this Part, permission shall not be required under this Part, in the case of land which, on 1 October, 1964, was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for any other purpose, for the use of the land for that other purpose on similar occasions after 1 October, 1964.
Limit of duration of permission.
40.—(1) Subject to subsection (2), a permission granted under F440[this Part or Part XXI], shall on the expiration of the appropriate period (but without prejudice to the validity of anything done pursuant thereto prior to the expiration of that period) cease to have effect as regards—
(a) in case the development to which the permission relates is not commenced during that period, the entire development, and
(b) in case the development is commenced during that period, so much of the development as is not completed within that period.
(2) (a) Subsection (1) shall not apply—
(i) to any permission for the retention on land of any structure,
(ii) to any permission granted either for a limited period only or subject to a condition which is of a kind described in section 34(4)(n),
(iii) in the case of a house, shop, office or other building which itself has been completed, in relation to the provision of any structure or works included in the relevant permission and which are either necessary for or ancillary or incidental to the use of the building in accordance with that permission, or
(iv) in the case of a development comprising a number of buildings of which only some have been completed, in relation to the provision of roads, services and open spaces included in the relevant permission and which are necessary for or ancillary or incidental to the completed buildings.
(b) Subsection (1) shall not affect—
(i) the continuance of any use, in accordance with a permission, of land,
(ii) where a development has been completed (whether to an extent described in paragraph (a) or otherwise), the obligation of any person to comply with any condition attached to the relevant permission whereby something is required either to be done or not to be done.
(3) F439[In this section and sections 42 and 42A,], “the appropriate period” means—
(a) in case in relation to the permission a period is specified pursuant to section 41, that period, and
(b) in any other case, the period of five years beginning on the date of the grant of permission.
Annotations
Amendments:
F439
Substituted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 238 and sch. 3, part 8, item 1, S.I. No. 545 of 2009.
F440
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 14, S.I. No. 488 of 2022.
F441[Power to vary appropriate period.
41.—(1) Without prejudice to the powers conferred on them by F442[this Part and Part XXI] to grant a permission to develop land for a limited period only, in deciding to grant a permission under F442[section 34, 37, 37G, 37N or 293], a planning authority or the Board, as may be appropriate, may, having regard to the nature and extent of the relevant development and any other material consideration, specify the period during which the permission is to have effect, being a period—
(a) in the case of all development requiring permission, of not less than 2 years, and
(b) in the case of residential development requiring permission, of not more than 10 years,
and where the planning authority or the Board exercises, or refuses to exercise, the power conferred on it by this section, the exercise or refusal shall be regarded as forming part of the relevant decision of the authority or the Board under F442[section 34, 37, 37G, 37N or 293].
(2) Where an application for permission relates to a residential development comprising 10 or more houses—
(a) material considerations in subsection (1) may include 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
(b) 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).]
Annotations
Amendments:
F441
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 26(1), S.I. No. 436 of 2018.
F442
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 15, S.I. No. 488 of 2022.
Modifications (not altering text):
C112
Section construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 14, S.I. No. 270 of 2017.
Definitions (Chapter 1)
3. In this Chapter— …
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of section 41 (power to vary appropriate period) of Act of 2000 during specified period
14. Section 41 of the Act of 2000 has effect during the specified period—
(a) as if “or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 37N,” where it first occurs, and
(b) as if “, or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “or 37N” where it last occurs.
Editorial Notes:
E205
Previous affecting provision: section amended (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 5; section substituted as per F-note above.
E206
Previous affecting provision: section amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 12(a), S.I. No. 684 of 2006; substituted as per F-note above.
E207
Previous affecting provision: section amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 12(b), S.I. No. 684 of 2006; section substituted as per F-note above.
Power to extend appropriate period.
F443[42.—(1) F444[On application to it in that behalf, but subject to subsection (8),] a planning authority shall, as regards a particular permission, extend the appropriate period by such additional period not exceeding 5 years as the authority considers requisite to enable the development to which the permission relates to be completed provided that each of the following requirements is complied with:
F445[(a) (i) the authority is satisfied that—
(I) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,
(II) F446[…]
(III) substantial works were carried out pursuant to the permission during that period, and
(IV) the development will be completed within a reasonable time,]
(b) the application is in accordance with such regulations under this Act as apply to it,
(c) any requirements of, or made under those regulations are complied with as regards the application, and
(d) the application is duly made prior to the end of the appropriate period.
(2) In extending the appropriate period under subsection (1) a planning authority may attach conditions requiring the giving of adequate security for the satisfactory completion of the proposed development, and/or may add to or vary any conditions to which the permission is already subject under section 34(4)(g).
(3) (a) Where an application is duly made under this section to a planning authority and any requirements of, or made under, regulations under section 43 are complied with as regards the application, the planning authority shall make its decision on the application as expeditiously as possible.
(b) Without prejudice to the generality of paragraph (a), it shall be the objective of the planning authority to ensure that it shall give notice of its decision on an application under this section within the period of 8 weeks beginning on—
(i) in case all of the requirements referred to in paragraph (a) are complied with on or before the day of receipt by the planning authority of the application, that day, and
(ii) in any other case, the day on which all of those requirements stand complied with.
F445[(4) A decision to extend the appropriate period of a permission shall be made not more than twice under this section and a planning authority shall not further extend the appropriate period. Where a second decision to extend an appropriate period is made under this section, the combined duration of the 2 extensions of the appropriate period shall not exceed 5 years.]
(5) Particulars of any application made to a planning authority under this section and of the decision of the planning authority in respect of the application shall be recorded on the relevant entry in the register.
(6) Where a decision to extend is made under this section, section 40 shall, in relation to the permission to which the decision relates, be construed and have effect, subject to, and in accordance with, the terms of the decision.
(7) Notwithstanding subsection (1) or (4), where a decision to extend an appropriate period has been made by a planning authority prior to the coming into operation of this section, the planning authority, where an application is made to it in that behalf prior to the expiration of the period by which the appropriate period was extended, may further extend the appropriate period provided that each of the following requirements is complied with—
(i) an application is made in that behalf in accordance with regulations under section 43,
(ii) any requirements of, or made under, the regulations are complied with as regards the application, and
(iii) the authority is satisfied that the relevant development has not been completed due to circumstances beyond the control of the person carrying out the development.]
F448[(8) A planning authority shall not extend the appropriate period under this section in relation to a permission if an environmental impact assessment or an appropriate assessment would be required in relation to the proposed extension concerned.]
Annotations
Amendments:
F443
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 28, S.I. No. 405 of 2010.
F444
Substituted (9.09.2021) by European Union (Planning) (Habitats, Birds and Environmental Impact) Regulations 2021 (S.I. No. 456 of 2021), reg. 2(a)(i), in effect as per reg. 1(2).
F445
Substituted (9.09.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 28(1), S.I. No. 455 of 2021, as substituted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 57(1), commenced on enactment as per subs. (2).
F446
Deleted (9.09.2021) by European Union (Planning) (Habitats, Birds and Environmental Impact) Regulations 2021 (S.I. No. 456 of 2021), reg. 2(a)(ii), in effect as per reg. 1(2).
F447
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 77, S.I. No. 214 of 2014.
F448
Inserted (9.09.2021) by European Union (Planning) (Habitats, Birds and Environmental Impact) Regulations 2021 (S.I. No. 456 of 2021), reg. 2(c), in effect as per reg. 1(2).
F449
Inserted (9.09.2021) by European Union (Planning) (Habitats, Birds and Environmental Impact) Regulations 2021 (S.I. No. 456 of 2021), reg. 2(b)(i), (ii), in effect as per reg. 1(2).
Modifications (not altering text):
C113
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 140(13), (14), not commenced as of date of revision.
Request for alteration or extension of permission
140.— …
(13) Where an application under section 42 of the Act of 2000 was made before the repeal of that section by section 6 but—
(a) the planning authority did not make a decision in relation to the application before such repeal, or
(b) on appeal from a decision of a planning authority under the said section 42, the Board did not make a decision in relation to the appeal before such repeal,
the said section 42 and section 43 of that Act shall, on and after that repeal, continue to apply and have effect in relation to the application.
(14) Notwithstanding the repeal of section 42 of the Act of 2000, effected by section 6, the said section 42 and section 43 of the Act of 2000 shall, during the period of 3 years commencing on the passing of this Act, continue to apply and have effect in relation to—
(a) a permission granted under the Act of 2000, and
(b) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016.
C114
Section construed (23.12.2016 (date of enactment) for period to 31.12.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 28(2)(a), S.I. No. 341 of 2017, as substituted (19.07.2017) by Planning and Development (Amendment) Act 2017 (20/2017), s. 1, commenced on enactment; and further construed (23.12.2016 (date of enactment) for period to 31.12.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 28(2)(b), (c), S.I. No. 341 of 2017.
Amendment, etc., of section 42 (power to extend appropriate period) of Act of 2000
28. ...
(2) During the period from the passing of this Act until 31 December 2021, section 42 of the Act of 2000 has effect—
[(a) as if the following subsection were inserted after subsection (1):
‘(1A) (a) "F449[Notwithstanding anything to the contrary in subsection (1) or (4) but subject to subsection (8)” for “Notwithstanding anything to the contrary in subsection (1) or (4)], a planning authority shall—
F449[(i) in relation to permission for development consisting of the construction of not less than 20 houses,]
(ii) upon application being duly made to the authority setting out the reasons why the development cannot be reasonably completed within the appropriate period,
further extend the appropriate period by such additional period not exceeding 5 years, or until 31 December 2021, whichever first occurs, but the authority shall only so extend that period where the authority—
(I) considers it requisite to enable the development to which the permission relates to be completed,
(II) is satisfied that the application is in accordance with such regulations under the Planning and Development Acts 2000 to 2016 as apply to the application,
(III) is satisfied that any requirements of, or made under those regulations are complied with as regards the application,
(IV) is satisfied that the development to which the permission relates was—
(A) commenced, and
(B) substantial works were carried out,
before the expiration of the appropriate period or any extension of that period, and
(V) is satisfied that in the case of a permission—
(A) where the expiry of the appropriate period as extended occurred or occurs during the period from 19 July 2016 to the day preceding the day that section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 comes into operation, the application is duly made within 6 months of the said commencement date, or
(B) where the appropriate period as extended expires on or after the date of commencement of section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016, the application is duly made within the period prescribed for the purposes of section 43(2).’]
(b) as if in subsection (2) there were substituted “subsection (1) or (1A)” for “subsection (1)”, and
(c) as if in subsection (4) there were substituted “Except where subsection (1A) applies, a decision” for “A decision”.
Editorial Notes:
E208
Previous affecting provision: subs. (1)(a)(ii)(II) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 77, S.I. No. 214 of 2014; substituted as per F-note above.
F450[Power to extend appropriate period on application of NAMA.
42A.—F451[…]]
Annotations
Amendments:
F450
Inserted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 238 and sch. 3 part 8 item 2, S.I. No. 545 of 2009.
F451
Repealed (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 26(2), S.I. No. 436 of 2018.
Editorial Notes:
E209
Previous affecting provision: subs. (1) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 78, S.I. No. 214 of 2014; section repealed as per F-note above.
E210
Previous affecting provision: subss. (1), (2) substituted and subs. (8) inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 29(a)- (c), S.I. No. 405 of 2010; section repealed as per F-note above.
E211
Previous affecting provision: subss. (1) and (2) substituted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 238 and sch. 3, part 8, item 2, S.I. No. 545 of 2009; substituted as per E-note above.
F452[Modification to operation of section 42 of Act of 2000 having regard to Covid-19
42B.—During the period beginning on the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023, section 42 shall be construed and have effect—
(a) as if the following subsection were inserted after subsection (1A):
"(1B) Notwithstanding anything to the contrary in subsection (1), (1A) or (4) a planning authority shall—
(a) as regards a particular permission in respect of a development, and
(b) upon application being duly made to the authority setting out the reasons why the development cannot be reasonably completed within the appropriate period,
further extend the appropriate period, as extended or further extended, by such additional period not exceeding 2 years or until 31 December 2023, whichever first occurs, but the authority shall only so extend that period where the authority—
(i) is satisfied that an environmental impact assessment or an appropriate assessment would not be required in relation to the proposed extension of the appropriate period,
(ii) considers that the extension is required to enable the development to which the permission relates to be completed,
(iii) is satisfied that the application is in accordance with such regulations under the Planning and Development Acts 2000 to 2021 as apply to the application,
(iv) is satisfied that any requirements of, or made under, those regulations are complied with as regards the application,
(v) is satisfied that the development to which the permission relates was—
(I) commenced, and
(II) substantial works were carried out, before the expiration of the appropriate period, as extended or further extended, and
(vi) is satisfied that in the case of a permission—
(I) where the expiry of the appropriate period as extended or further extended occurred or occurs during the period beginning on 8 January 2021 and ending on the day before the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation, the application is duly made within 6 months of the date on which the said section 7 comes into operation, or
(II) where the appropriate period, as extended or further extended, expires on or after the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation, the application is duly made within the period prescribed for the purposes of section 43(2).",
(b) as if in subsection (2)—
(i) during the period beginning on the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on the date on which the amendments to section 42 effected by section 28 (2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted "subsection (1), (1A) or (1B)" for "subsection (1) or (1A)", and
(ii) during the period beginning on the date that is the day after the date on which the amendments to section 42 effected by section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted "subsection (1) or (1B)" for "subsection (1)", and
(c) as if in subsection (4)—
(i) during the period beginning on the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on the date on which the amendments to section 42 effected by section 28 (2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted "Except where subsection (1A) or (1B) applies, a decision" for "Except where subsection (1A) applies, a decision", and
(ii) during the period beginning on the date that is the day after the date on which the amendments to section 42 effected by section 28 (2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted "Except where subsection (1B) applies, a decision" for "A decision".]
Annotations
Amendments:
F452
Inserted (9.09.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 7, S.I. No. 458 of 2021.
Regulations regarding sections 40, 41 and 42.
43.—(1) The Minister may make regulations providing for any matter of procedure in relation to applications under section 42 and making such incidental, consequential or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of section 40, 41 or 42.
(2) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) specify the time at which applications under section 42 may be made, the manner in which those applications shall be made and the particulars they shall contain,
(b) require applicants to furnish to the planning authority any specified information with respect to their applications (including any information regarding any estate or interest in or right over land),
(c) require applicants to submit to a planning authority any further information relevant to their applications (including any information as to any such estate, interest or right),
(d) require the production of any evidence to verify any particulars or information given by any applicant, and
(e) require the notification (in a prescribed manner) by planning authorities of decisions on applications.
Annotations
Modifications (not altering text):
C115
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 140(13), (14), not commenced as of date of revision.
Request for alteration or extension of permission
140.— …
(13) Where an application under section 42 of the Act of 2000 was made before the repeal of that section by section 6 but—
(a) the planning authority did not make a decision in relation to the application before such repeal, or
(b) on appeal from a decision of a planning authority under the said section 42, the Board did not make a decision in relation to the appeal before such repeal,
the said section 42 and section 43 of that Act shall, on and after that repeal, continue to apply and have effect in relation to the application.
(14) Notwithstanding the repeal of section 42 of the Act of 2000, effected by section 6, the said section 42 and section 43 of the Act of 2000 shall, during the period of 3 years commencing on the passing of this Act, continue to apply and have effect in relation to—
(a) a permission granted under the Act of 2000, and
(b) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016.
Editorial Notes:
E212
Power pursuant to section exercised (9.09.2021 to 31.12.2021) by Planning and Development (Amendment) (No. 3) Regulations 2021 (S.I. No. 459 of 2021), in effect as per reg. 2(1), (2).
E213
Power pursuant to section exercised (9.08.2017) by Planning and Development (Amendment) Regulations 2017 (S.I. No. 342 of 2017), in effect as per reg. 2(1).
E214
Power pursuant to section exercised (19.08.2010) by Planning and Development Regulations 2010 (S.I. No. 406 of 2010).
E215
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Revocation or modification of permission.
44.—(1) If the planning authority considers that it is expedient that any permission to develop land granted under F453[this Part or Part XXI] should be revoked or modified, it may serve a notice in accordance with subsection (3) on the applicant and on any other person who, in its opinion, will be materially affected by the revocation or modification.
(2) A planning authority shall neither revoke nor modify a permission under this section unless the development to which the permission relates no longer conforms with the provisions of the development plan.
(3) The notice referred to in subsection (1) shall—
(a) refer to the permission concerned,
(b) specify the provisions of the development plan to which the permission no longer conforms, and
(c) invite the person or persons served with the notice to make written submissions or observations to the planning authority within the period specified in the notice (being not less than 4 weeks from the service of the notice) concerning the proposed revocation or modification.
(4) A planning authority may decide to revoke or modify a permission and, when making its decision, shall have regard to any submissions or observations made under subsection (3) (c).
(5) Where a planning authority decides to revoke or modify a permission under subsection (4), it shall specify in the decision the provisions of the development plan to which the permission no longer conforms, and the main reasons and considerations on which the decision is based.
(6) A person served with a notice under subsection (1) may, at any time within 4 weeks of the date of the decision, appeal to the Board against the decision.
(7) Where an appeal is brought under this section against a decision, the Board may confirm the decision with or without modifications, or annul the decision, and it shall specify the main reasons and considerations for its decision.
(8) The power conferred by this section to revoke or modify permission to develop land may be exercised—
(a) where the permission relates to the carrying out of works, at any time before those works have been commenced or, in the case of works which have been commenced and which, consequent on the making of a variation in the development plan, will contravene the plan, at any time before those works have been completed,
(b) where the permission relates to a change of the use of any land, at any time before the change has taken place,
but the revocation or modification of permission for the carrying out of works shall not affect so much of the works as have been previously carried out.
(9) A planning authority may at any time, for stated reasons, by notice in writing withdraw a notice served under this section.
(10) Particulars of a decision made under this section shall be entered in the register.
(11) The revocation or modification under this section of a permission shall be a reserved function.
Annotations
Amendments:
F453
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 16, S.I. No. 488 of 2022.
Editorial Notes:
E216
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 is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 70 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
F454[Revocation or modification of planning permission for certain reasons
44A.—(1) The Minister may, upon the request of the Minister for Justice and Equality, the Minister for Foreign Affairs and Trade or the Minister for Defence and with the approval of the Government, make an order revoking or modifying a grant of permission under this Act if he or she is satisfied that—
(a) the carrying out of the development to which the grant of permission relates is likely to be harmful to—
(i) the security or defence of the State, or
(ii) the State’s relations with other states,
and
(b) the revocation or modification concerned is necessary in the public interest.
(2) The Minister may, before making an order under this section, consult with—
(a) the planning authority that granted the permission concerned,
(b) the person to whom the permission was granted, or
(c) any other person who, in the opinion of the Minister, is likely to be materially affected by the making of such order,
but shall not so consult if he or she considers that to do so would be harmful to the security or defence of the State or to the State’s relations with other states.
(3) This section shall apply to permissions whether granted before, on or after the passing of the Planning and Development (Amendment) Act 2018.
(4) Where an order is made under this section, the planning authority that granted the permission to which the order relates shall, within such period as may be specified in the order, serve—
(a) a notice in writing on—
(i) the person to whom the permission concerned was granted, and
(ii) any other person specified in the order,
informing him or her of the revocation or modification effected by the order, and
(b) a notice in writing—
(i) in the case of development commenced but not completed, on any person carrying out the development in respect of which the permission was granted, or on whose behalf such development is being carried out, requiring him or her to cease the development and restore the land, on which the development concerned is being carried out, to the condition it was in before the development commenced, or
(ii) in the case of development completed, on any person who carried out the development, or on whose behalf the development was carried out, requiring him or her to restore the land, on which the development concerned was carried out, to the condition it was in before the development was commenced.
(5) A person on whom a notice is served under paragraph (b) of subsection (4) shall comply with the notice.
(6) (a) The Minister shall, as soon as practicable after the making of an order under this section, give a copy of the order to the planning authority that granted the permission to which the order relates.
(b) A planning authority shall, as soon as practicable after the copy of an order has been given to it in accordance with paragraph (a), give a copy of the order to—
(i) the person to whom the permission to which the order applies was granted, and
(ii) any other person the Minister may direct.
(7) A permission to which an order under this section applies shall, upon the making of the order, stand revoked or modified, as may be appropriate, in accordance with the order.
(8) Any development carried out in contravention of an order under this section shall be an unauthorised development.
(9) Where the Minister makes an order revoking an order under this section—
(a) the second-mentioned order shall, for all purposes, be deemed never to have been made, and the register shall be amended accordingly, and
(b) the period between the making of the second-mentioned order and the first-mentioned order shall not be reckonable for the purpose of calculating the period since the granting of the permission.
(10) The Minister shall not, in relation to a permission, make an order under this section if the period since the grant of the permission exceeds 5 years.
(11) The making of an order under this section shall be recorded in the register as soon as may be after it is made.
(12) (a) Any proceedings before a court relating to an order under this section shall be heard in camera.
(b) A court before which proceedings relating to an order under this section are heard shall take all reasonable precautions to prevent the disclosure—
(i) to the public, or
(ii) where the court considers it appropriate, to any party to the proceedings,
of any evidence given or document submitted for the purposes of the proceedings, the disclosure of which, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.
(c) Without prejudice to the generality of paragraph (b), precautions referred to in that paragraph may include—
(i) the prohibition of the disclosure of such evidence or documentation as the Court may determine, and
(ii) the hearing, in the absence of any person or persons including any party to the proceedings, of any evidence or the examination of any witness or document that, in the opinion of the Court, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.]
Annotations
Amendments:
F454
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 27, S.I. No. 436 of 2018.
Editorial Notes:
E217
The section heading is taken from the amending section in the absence of one included in the amendment.
Acquisition of land for open spaces.
45.—(1) Where—
(a) development is being or has been carried out pursuant to a permission under section 34,
(b) (i) a condition requiring the provision or maintenance of land as open space, being open space to which this section applies, was attached to the permission, or
(ii) it was either explicit or implicit in the application for the permission that land would be provided or maintained as such open space,
(c) the planning authority has served on the owner of the land a written request that, within a period specified in the request (being a period of not less than 8 weeks commencing on the date of the request), he or she will provide, level, plant or otherwise adapt or maintain the land in a manner so specified, being a manner which in its opinion would make it suitable for the purpose for which the open space was to be provided, and
(d) the owner fails to comply or to secure compliance with the request within the period so specified,
the planning authority may, if it thinks fit, publish in a newspaper circulating in the district a notice (an “acquisition notice”) of its intention to acquire the land by order under this section and the acquisition notice shall specify a period (being a period of not less than 4 weeks commencing on the date on which the notice is published) within which an appeal may be made under this section.
(2) Where a planning authority publishes an acquisition notice, it shall serve a copy of the notice on the owner of the land to which the notice relates not later than 10 days after the date of the publication.
(3) Any person having an interest in the land to which an acquisition notice relates may within the period specified in the notice appeal to the Board.
(4) Where an appeal is brought under this section the Board may—
(a) annul the acquisition notice to which the appeal relates, or
(b) confirm the acquisition notice, with or without modification, in respect of all or such part of the relevant land as the Board considers reasonable.
(5) If a planning authority publishes an acquisition notice and either—
(a) the period for appealing against the notice has expired and no appeal has been taken, or
(b) an appeal has been taken against the notice and the appeal has been withdrawn or the notice has been confirmed whether unconditionally or subject to modifications,
the planning authority may make an order in the prescribed form which order shall be expressed and shall operate to vest the land to which the acquisition notice, or, where appropriate, the acquisition notice as confirmed, relates in the planning authority on a specified date for all the estate, term or interest for which immediately before the date of the order the land was held by the owner together with all rights and liabilities which, immediately before that date, were enjoyed or incurred in connection therewith by the owner together with an obligation to comply with the request made under subsection (1)(c).
(6) Where a planning authority has acquired by an order under this section land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Minister for Agriculture. Food and Rural Development or to the Commissioners, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to that Minister or to the Commissioners, as the case may be, of the annual sum or such portion thereof as shall be apportioned by that Minister or by the Commissioners, on the land as if the land had been transferred to the authority by the owner thereof on that date.
(7) When a planning authority makes an order under this section in relation to any land, it shall send the order to the registering authority under the Registration of Title Act, 1964, and thereupon the registering authority shall cause the planning authority to be registered as owner of the land in accordance with the order.
(8) Where a claim is made for compensation in respect of land to which an order under this section relates, the claim shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award and to the following provisions:
(a) the arbitrator shall make a nil award, unless it is shown by or on behalf of the owner that an amount equal to the value of the land to which the relevant permission under section 34 relates, being that value at the time when the application for the permission was made, as a result of the development has not been recovered and as a further such result will not in the future be recoverable by disposing of the land which is land to which the permission relates and which is not land to which the order relates, and
(b) in the assessment of the value of the land to which the order relates, no regard shall be had to its value for use other than as open space and a deduction shall be made in respect of the cost of carrying out such works as may be necessary to comply with the request made pursuant to subsection (1)(c).
(9) A planning authority shall enter in the register—
(a) particulars of any acquisition notice published by it,
(b) the date and effect of any decision on appeal in relation to any such notice, and
(c) particulars of any order made under this section,
and every entry shall be made within the period of 7 days commencing on the day of publication, receipt of notification of the decision or the making of the order, as may be appropriate.
(10) This section applies to any form of open space (whether referred to as open space or by any other description in the relevant application for a permission or in a condition attached to the relevant permission), being land which is not described in the application or condition either as private open space or in terms indicating that it is not intended that members of the public are to have resort thereto without restriction.
Annotations
Modifications (not altering text):
C116
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 185, not commenced as of date of revision.
Continued application of section 45 of Act of 2000 for certain purposes
185.—Notwithstanding section 6—
(a) section 45 of the Act of 2000 shall continue to apply and have effect—
(i) in relation to a request made under paragraph (c) of subsection (1) of the said section 45 before the repeal of that section by section 6,
(ii) in relation to, and for the purposes of, a notice published under the said section 45 before that repeal,
(iii) in relation to an appeal brought under subsection (3) of section 45 before that repeal, and
(iv) in relation to land to which an order referred to in paragraph (b) applies,
and
(b) an order under subsection (5) of the said section 45 in force immediately before the repeal of that section by section 6 shall remain in force and have effect on and after that repeal.
Editorial Notes:
E218
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Requiring removal or alteration of structure or discontinuance of use.
46.—(1) If a planning authority decides that, in exceptional circumstances—
(a) any structure should be demolished, removed, altered or replaced,
(b) any use should be discontinued, or
(c) any conditions should be imposed on the continuance of a use,
the planning authority may serve a notice on the owner and on the occupier of the structure or land concerned and on any other person who, in its opinion, will be affected by the notice.
(2) Subsection (1) shall not apply to any unauthorised development unless the notice under this section is served after seven years from the commencement of the unauthorised development.
(3) A notice referred to in subsection (1) shall—
(a) specify the location of the structure or land concerned,
(b) specify the steps that will be required to be taken within a specified period, including, where appropriate—
(i) the demolition, removal, alteration or replacement of any structure, or
(ii) the discontinuance of any use or the continuance of any use subject to conditions,
and
(c) invite any person served with the notice to make written submissions or observations to the planning authority in respect of the matters referred to in the notice within a specified period (being not less than 4 weeks from the date of service of the notice).
(4) A planning authority may, having regard to any submissions or observations made in accordance with subsection (3) (c), decide to confirm the notice, with or without modifications, or not to confirm the notice.
(5) A planning authority, in deciding whether to confirm a notice pursuant to this section, shall consider—
(a) the proper planning and sustainable development of the area,
(b) the provisions of the development plan,
(c) the provisions of any special amenity area order, any European site or other area designated for the purposes of section 10(2) (c) relating to the area, and
(d) any other relevant provision of this Act and any regulations made thereunder.
(6) Where a notice is confirmed by a planning authority under subsection (4), any person served with the notice may, within 8 weeks of the date of service of the notice, appeal to the Board against the notice.
(7) Where an appeal is brought under this section against a notice, the Board may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (5) shall apply, subject to any necessary modifications, to the deciding of an appeal under this subsection by the Board, as they apply to the making of a decision by the planning authority.
(8) A notice under this section (other than a notice which is annulled) shall take effect—
(a) in case no appeal against it is taken, on the expiration of the period for taking an appeal, or
(b) in case an appeal or appeals are taken against it and not withdrawn, when the appeal or appeals have been either withdrawn or decided.
(9) If, within the period specified in a notice under this section, or within such extended period as the planning authority may allow, any demolition, removal, alteration or replacement required by the notice has not been effected, the planning authority may enter the structure and may effect such demolition, removal, alteration or replacement as is specified in the notice.
(10) Where a notice under this section is complied with, the planning authority shall pay to the person complying with the notice the expenses reasonably incurred by the person in carrying out the demolition, removal, alteration or replacement specified in the notice, less the value of any salvageable materials.
(11) Where any person served with a notice under this section fails to comply with the requirements of the notice, or causes or permits the failure to comply with the requirements, he or she shall be guilty of an offence.
(12) Particulars of a notice served or confirmed under this section shall be entered in the register.
(13) (a) A planning authority may, for stated reasons, by notice in writing withdraw a notice served under this section.
(b) Where a notice is withdrawn pursuant to this subsection by a planning authority, the fact that the notice was withdrawn shall be recorded by the authority in the register.
Agreements regulating development or use of land.
47.—(1) A planning authority may enter into an agreement with any person interested in land in their area, for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be specified by the agreement, and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the planning authority to be necessary or expedient for the purposes of the agreement.
(2) A planning authority in entering into an agreement under this section may join with any body which is a prescribed authority for the purposes of section 11.
(3) An agreement made under this section with any person interested in land may be enforced by the planning authority, or any body joined with it, against persons deriving title under that person in respect of that land as if the planning authority or body, as may be appropriate, were possessed of adjacent land, and as if the agreement had been expressed to be made for the benefit of that land.
(4) Nothing in this section, or in any agreement made thereunder, shall be construed as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by the Minister, the Board or the planning authority under this Act, so long as those powers are not exercised so as to contravene materially the provisions of the development plan, or as requiring the exercise of any such powers so as to contravene materially those provisions.
(5) Particulars of an agreement made under this section shall be entered in the register.
Annotations
Modifications (not altering text):
C117
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 257(13), (14), not commenced as of date of revision.
Agreements restricting or regulating development or use of land
257.— …
(13) An agreement under section 47 of the Act of 2000 or section 38 of the Local Government (Planning and Development) Act 1963 that was—
(a) made for the purpose of restricting or regulating the development of land, and
(b) in force immediately before the repeal of the said section 47 by section 6,
shall, on and after that repeal, be deemed to be an agreement made under this section, and accordingly this section shall apply to that agreement.
(14) An agreement under section 47 of the Act of 2000 or section 38 of the Local Government (Planning and Development) Act 1963 that was—
(a) made for the purpose of restricting or regulating the development of a maritime site, and
(b) in force immediately before the repeal of the said section 47 by section 6,
shall, on and after that repeal, be deemed to be an agreement made under this section, and accordingly, for the purposes of the application of this section to that agreement—
(i) references in this section to land shall be construed as including references to a maritime site, and
(ii) references in this section to the land shall be construed as including references to the maritime site.
Development contributions.
48.—(1) A planning authority may, when granting a permission under section 34, include conditions for requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority and that is provided, or that it is intended will be provided, by or on behalf of a local authority (regardless of other sources of funding for the infrastructure and facilities).
(2) (a) Subject to paragraph (c), the basis for the determination of a contribution under subsection (1) shall be set out in a development contribution scheme made under this section, and a planning authority may make one or more schemes in respect of different parts of its functional area.
(b) A scheme may make provision for payment of different contributions in respect of different classes or descriptions of development.
(c) A planning authority may, in addition to the terms of a scheme, require the payment of a special contribution in respect of a particular development where specific exceptional costs not covered by a scheme are incurred by any local authority in respect of public infrastructure and facilities which benefit the proposed development.
(3) (a) A scheme shall state the basis for determining the contributions to be paid in respect of public infrastructure and facilities, in accordance with the terms of the scheme.
(b) In stating the basis for determining the contributions in accordance with paragraph (a), the scheme shall indicate the contribution to be paid in respect of the different classes of public infrastructure and facilities which are provided or to be provided by any local authority and the planning authority shall have regard to the actual estimated cost of providing the classes of public infrastructure and facilities, except that any benefit which accrues in respect of existing development may not be included in any such determination.
(c) A scheme may allow for the payment of a reduced contribution or no contribution in certain circumstances, in accordance with the provisions of the scheme.
F455[(3A) Where a permission which includes conditions referred to in subsection (1) has been granted under section 34 in respect of a development and the basis for the determination of the contribution under subsection (1) has changed—
(a) where the development is one to which Part II of the Building Control Regulations 1997 (S.I. No. 496 of 1997) applies and a commencement notice within the meaning of that Part in respect of the development has not been lodged, or
F456[(b) where the development comprises houses and one or more of those houses has not been rented, leased, occupied or sold,]
the planning authority shall apply that change to the conditions of the permission where to do so would reduce the amount of the contribution payable.
F456[(3B) Where a development referred to in subsection (3A) comprises houses one or more of which has not been rented, leased, occupied or sold the planning authority shall apply the change in the basis for the determination of the contribution referred to in that subsection only in respect of any house or houses that have not been rented, leased, occupied or sold.]
(3C) Where the planning authority applies a change in the basis for the determination of a development contribution under subsection (3A) it may amend a condition referred to in subsection (1) in order to reflect the change.]
(4) Where a planning authority proposes to make a scheme under this section, it shall publish in one or more newspapers circulating in the area to which the scheme relates, a notice—
(a) stating that a draft scheme has been prepared,
(b) giving details of the proposed contributions under the draft scheme,
(c) indicating the times at which, the period (which shall be not less than 6 weeks) during which, and the place where, a copy of the draft scheme may be inspected, and
(d) stating that submissions or observations may be made in writing to the planning authority in relation to the draft scheme, before the end of the period for inspection.
(5) (a) In addition to the requirements of subsection (4), a planning authority shall send a copy of the draft scheme to the Minister.
(b) The Minister may make recommendations to the planning authority regarding the terms of the draft scheme, within 6 weeks of being sent the scheme.
(6) (a) Not later than 4 weeks after the expiration of the period for making submissions or observations under subsection (4), the F457[chief executive] of a planning authority shall prepare a report on any submissions or observations received under that subsection, and submit the report to the members of the authority for their consideration.
(b) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section,
(ii) summarise the issues raised by the persons or bodies in the submissions or observations, and
(iii) give the response of the F457[chief executive] to the issues raised, taking account of the proper planning and sustainable development of the area.
(7) The members of the planning authority shall consider the draft scheme and the report of the F457[chief executive] under subsection (6), and shall have regard to any recommendations made by the Minister under subsection (5).
(8) (a) Following the consideration of the F457[chief executive’s report], and having had regard to any recommendations made by the Minister, the planning authority shall make the scheme, unless it decides, by resolution, to vary or modify the scheme, otherwise than as recommended in the F457[chief executive’s report], or otherwise decides not to make the scheme.
(b) A resolution under paragraph (a) must be passed not later than 6 weeks after receipt of the F457[chief executive’s report].
(9) (a) Where a planning authority makes a scheme in accordance with subsection (8), the authority shall publish notice of the making, or approving, of the scheme, as the case may be, in at least one newspaper circulating in its area.
(b) A notice under paragraph (a) shall—
(i) give the date of the decision of the planning authority in respect of the draft scheme,
(ii) state the nature of the decision, and
(iii) contain such other information as may be prescribed.
(10) (a) Subject to paragraph (b), no appeal shall lie to the Board in relation to a condition requiring a contribution to be paid in accordance with a scheme made under this section.
(b) An appeal may be brought to the Board where an applicant for permission under section 34 considers that the terms of the scheme have not been properly applied in respect of any condition laid down by the planning authority.
(c) Notwithstanding section 34(11), where an appeal is brought in accordance with paragraph (b), and no other appeal of the decision of a planning authority is brought by any other person under section 37, the authority shall make the grant of permission as soon as may be after the expiration of the period for the taking of an appeal. provided that the person who takes the appeal in accordance with paragraph (b) furnishes to the planning authority security for payment of the full amount of the contribution as specified in the condition.
(11) Where an appeal is brought to the Board in respect of a refusal to grant permission under this Part, and where the Board decides to grant permission, it shall, where appropriate, apply as a condition to the permission the provisions of the contribution scheme for the time being in force in the area of the proposed development.
(12) Where payment of a special contribution is required in accordance with subsection (2) (c), the following provisions shall apply—
(a) the condition shall specify the particular works carried out, or proposed to be carried out, by any local authority to which the contribution relates,
(b) where the works in question—
F458[(i) are not commenced within 5 years of the date of payment to the authority of the contribution (or final instalment thereof, if paid by phased payment under subsection (15)(a)),
(ii) have commenced, but have not been completed within 7 years of the date of payment to the authority of the contribution (or final instalment thereof, if paid by phased payment under subsection (15)(a)), or]
(iii) where the local authority decides not to proceed with the proposed works or part thereof.
the contribution shall, subject to paragraph (c), be refunded to the applicant together with any interest that may have accrued over the period while held by the local authority,
(c) where under subparagraph (ii) or (iii) of paragraph (b), any local authority has incurred expenditure within the required period in respect of a proportion of the works proposed to be carried out, any refund shall be in proportion to those proposed works which have not been carried out.
(13) (a) Notwithstanding sections 37 and 139, where an appeal received by the Board after the commencement of this section relates solely to a condition dealing with a special contribution, and no appeal is brought by any other person under section 37 of the decision of the planning authority under that section, the Board shall not determine the relevant application as if it had been made to it in the first instance, but shall determine only the matters under appeal.
(b) Notwithstanding section 34(11), where an appeal referred to in paragraph (a) is received by the Board, and no appeal is brought by any other person under section 37, the authority shall make the grant of permission as soon as may be after the expiration of the period for the taking of an appeal, provided that the person who takes the appeal furnishes to the planning authority, pending the decision of the Board, security for payment of the full amount of the special contribution as specified in the condition referred to in paragraph (a).
(14) (a) Money accruing to a local authority under this section shall be accounted for in a separate account, and shall only be applied as capital for public infrastructure and facilities.
(b) A report of a local authority under section 50 of the Local Government Act, 1991, shall contain details of monies paid or owing to it under this section and shall indicate how such monies paid to it have been expended by any local authority.
(15) (a) A planning authority may facilitate the phased payment of contributions under this section, and may require the giving of security to ensure payment of contributions.
(b) Where a contribution is not paid in accordance with the terms of the condition laid down by the planning authority, any outstanding amounts due to the planning authority shall be paid together with interest that may have accrued over the period while withheld by the person required to pay the contribution.
(c) A planning authority may recover, as a simple contract debt in a court of competent jurisdiction, any contribution or interest due to the planning authority under this section.
(16) (a) A planning authority shall make a scheme or schemes under this section within 2 years of the commencement of this section.
(b) Notwithstanding the repeal of any enactment by this Act, the provisions of section 26 of the Act of 1963, in relation to requiring contributions in respect of expenditure by local authorities on works which facilitate development, shall continue to apply pending the making of a scheme under this section, but shall not apply after two years from the commencement of this section.
(17) In this section—
“public infrastructure and facilities” means—
(a) the acquisition of land,
(b) the provision of open spaces, recreational and community facilities and amenities and landscaping works,
F456[(c) the provision of roads, car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure,]
(d) the provision of bus corridors and lanes, bus interchange facilities (including car parks for those facilities), infrastructure to facilitate public transport, cycle and pedestrian facilities, and traffic calming measures,
F458[F456[(e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, surface water sewers, flood relief work and ancillary infrastructure,]
(f) the provision of high-capacity telecommunications infrastructure, such as broadband,
(g) the provision of school sites, and
(h) any matters ancillary to paragraphs (a) to (g).]
“scheme” means a development contribution scheme made under this section;
“special contribution” means a special contribution referred to in subsection (2)(c).
Annotations
Amendments:
F455
Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 29, S.I. No. 364 of 2015.
F456
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 28(1), (2)(a), (b), S.I. No. 436 of 2018.
F457
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 52-54, S.I. No. 436 of 2018.
F458
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 30, S.I. No. 477 of 2010.
Modifications (not altering text):
C118
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 584(21), (22), (23), not commenced as of date of revision.
Development contributions
584.— …
(21) Where, immediately before the commencement of this section, a development contribution scheme was in force under section 48 of the Act of 2000, that scheme shall, on and after that commencement and as in force immediately before that commencement (including, in that respect, the unexpired period left to run, immediately before that commencement, for the scheme to remain in force), be deemed to be made under this section, and this section shall, with all necessary modifications, be construed accordingly.
(22) (a) A requirement under paragraph (c) of subsection (2) of section 48 of the Act of 2000 to pay a special contribution shall be deemed to be a requirement to pay a special contribution in accordance with subsection (10).
(b) Notwithstanding the repeal of section 48 of the Act of 2000 by section 6, subsection (12) of the said section 48 shall continue to apply and have effect on and after that repeal in relation to a requirement to which paragraph (a) applies.
(23) Where, before the repeal of section 48 of the Act of 2000 by section 6, a planning authority published a notice under subsection (4) of the said section 48 in relation to a draft scheme but did not perform the functions under subsection (8) of the said section 48 in relation to the draft scheme, that notice shall be deemed to be a notice published in accordance with subsection (3) and the draft scheme shall be deemed to be a draft scheme prepared under this section.
C119
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.
...
Editorial Notes:
E219
Making a development contribution scheme is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 71 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E220
Previous affecting provision: subs. (17)(c) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 30, S.I. No. 477 of 2010; substituted as per F-note above.
Supplementary development contribution schemes.
49.—F459[(1) A planning authority may, when granting a permission under section 34, include conditions requiring the payment of a contribution in respect of any public infrastructure service or project—
(a) specified in a scheme made by the planning authority (in this section referred to as a "supplementary development contribution scheme"),
(b) provided or carried out or proposed to be provided or carried out—
(i) by a planning authority,
(ii) where the provision of the infrastructure concerned is an objective in the development plan of a planning authority, or of a planning scheme of the Dublin Docklands Development Authority under section 25 of the Dublin Docklands Development Act 1997, by a public authority, or, pursuant to an agreement entered into by a public authority with any other person, by that person, or
(iii) pursuant to an agreement entered into by a local authority with any other person, by that person,
and
(c) that will benefit the development to which the permission relates when carried out.
(1A) In this section, "public authority" means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section. ]
(2) (a) The amount, and manner of payment, of a contribution under subsection (1) shall be determined in accordance with a supplementary development contribution scheme.
(b) A supplementary development contribution scheme shall specify—
(i) the area or areas within the functional area of the planning authority, and
(ii) the public infrastructure project or service,
to which it relates, and more than one such scheme may be made in respect of a particular area.
(c) A supplementary development contribution scheme may make provision for the payment of different contributions in respect of different classes or descriptions of development.
(3) Subsections (3), (4), (5), (6), (7), (8), (9), (10), (11) and (15) of section 48 shall apply to a scheme subject to—
(a) the modification that references in those subsections to a scheme shall be construed as references to a supplementary development contribution scheme,
(b) any other necessary modifications, and
(c) the provisions of this section.
F460[(3A) Notwithstanding subsection (3) and section 48(10), the Board shall consider an appeal brought to it by an applicant for permission under section 34, in relation to a condition requiring the payment of a contribution in respect of a public infrastructure service or project specified in a supplementary development contribution scheme, where the applicant considers that the service or project will not benefit the development to which the permission relates and section 48(13) shall apply to such an appeal.]
F461[(3AA) Subsections (3A), (3B) and (3C) of section 48 shall apply where the basis for the determination of a contribution under subsection (1) has changed subject to—
(a) the modification that references in those subsections to a contribution shall be construed as references to a contribution to a supplementary development contribution scheme,
(b) any other necessary modifications, and
(c) the provisions of this section.]
(4) (a) A planning authority may enter into an agreement with any person in relation to the carrying out, or the provision, as may be appropriate, of a public infrastructure project or service.
(b) Without prejudice to the generality of paragraph (a), an agreement may make provision for—
(i) the manner in which the service or project is to be provided or carried out, as the case may be, including provision relating to construction or maintenance of any infrastructure or operation of any service or facility,
(ii) arrangements regarding the financing of the project or service and the manner in which contributions paid or owed to a planning authority pursuant to a condition under subsection (1) may be applied in respect of that project or service,
(iii) the entry into such further agreements as may be necessary with any other person regarding the financing and provision of such service or carrying out of such project,
(iv) the entry into force, duration and monitoring of the agreement (including the resolution of disputes).
(5) A planning authority shall not, pursuant to a condition under subsection (1), require the payment of a contribution in respect of a public infrastructure project or service where the person concerned has made a contribution under section 48 in respect of public infrastructure and facilities of which the said public infrastructure project or service constituted a part.
(6) A planning authority may, at any time, by resolution, amend a supplementary development contribution scheme for the purpose of modifying the manner of determining a contribution pursuant to a condition under subsection (1) where the cost of carrying out or providing, as the case may be, the public infrastructure project or service is less than the cost that was estimated when the planning authority first determined the amount of the contribution.
(7) In this section, “public infrastructure project or service” means—
(a) the provision of particular rail, light rail or other public transport infrastructure, including car parks and other ancillary development,
(b) the provision of particular new roads,
F462[(c) the provision of new surface water sewers and ancillary infrastructure,]
F459[(d) the provision of new schools and ancillary infrastructure.]
Annotations
Amendments:
F459
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 31(a), (c), S.I. No. 477 of 2010.
F460
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 31(b), S.I. No. 477 of 2010.
F461
Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 30, S.I. No. 364 of 2015.
F462
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 28(3), S.I. No. 436 of 2018.
Modifications (not altering text):
C120
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 585(13), not commenced as of date of revision.
Supplementary development contribution schemes
585.— …
(13) Where, immediately before the commencement of this section, a supplementary development contribution scheme was in force under section 49 of the Act of 2000, that scheme shall, on and after that commencement and as in force immediately before that commencement, be deemed to be made under this section, and this section shall, with all necessary modifications, be construed accordingly.
C121
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.
...
C122
Dublin Docklands Authority construed (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 7(2), commenced on enactment, S.I. No. 114 of 2016. The Council referred to is Dublin City Council (see s. 2).
Transfer of functions
7. (1) All functions that, immediately before the dissolution day, were vested in the Authority under subsections (1) (with the exception of functions vested under subparagraphs (i), (ii) and (iii) of paragraph (b)), (2), (3), (5) and (6) of section 18 of the Act of 1997 shall on that day stand transferred to the Council.
(2) References in any enactment (other than this Act) or instrument under an enactment to the Authority shall, to the extent that such references relate to a function transferred to the Council under this section, on and after the dissolution day, be construed as references to the Council.
Editorial Notes:
E221
Making or amending a supplementary development contribution scheme is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 72 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E222
Previous affecting provision: subs. (7)(c) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 31(a) and (c), S.I. No. 477 of 2010; substituted as per F-note above.
E223
Previous affecting provision: subs. (7)(c) amended (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 11, commenced on enactment; substituted as per E-note above.
F463[ Judicial review of applications, appeals, referrals and other matters.
50.—(1) Where a question of law arises on any matter with which the Board is concerned, the Board may refer the question to the High Court for decision.
(2) A person shall not question the validity of any decision made or other act done by—
(a) a planning authority, a local authority or the Board in the performance or purported performance of a function under this Act,
(b) the Board in the performance or purported performance of a function transferred under F464[Part XIV,]
(c) a local authority in the performance or purported performance of a function conferred by an enactment specified in section 214 relating to the compulsory acquisition of F464[land, or]
F465[(d) without prejudice to the right of appeal referred to in section 37 as read with section 37R—
(i) the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019), or
(ii) the Board in its capacity as the appeal body from decisions of such competent authority,]
otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) (the "Order").
(3) Subsection (2)(a) does not apply to an approval or consent referred to in Chapter I or II of Part VI.
(4) A planning authority, a local authority or the Board may, at any time after the bringing of an application for leave to apply for judicial review of any decision or other act to which subsection (2) applies and which relates to a matter for the time being before the authority or the Board, as the case may be, apply to the High Court to stay the proceedings pending the making of a decision by the authority or the Board in relation to the matter concerned.
(5) On the making of such an application, the High Court may, where it considers that the matter before the authority or the Board is within the jurisdiction of the authority or the Board, make an order staying the proceedings concerned on such terms as it thinks fit.
(6) Subject to subsection (8), an application for leave to apply for judicial review under the Order in respect of a decision or other act to which subsection (2)(a) applies shall be made within the period of 8 weeks beginning on the date of the decision or, as the case may be, the date of the doing of the act by the planning authority, the local authority or the Board, as appropriate.
(7) Subject to subsection (8), an application for leave to apply for judicial review under the Order in respect of a decision or other act to which subsection (2)(b) or (c) applies shall be made within the period of 8 weeks beginning on the date on which notice of the decision or act was first sent (or as may be the requirement under the relevant enactment, functions under which are transferred under Part XIV or which is specified in section 214, was first published).
(8) The High Court may extend the period provided for in subsection (6) or (7) within which an application for leave referred to in that subsection may be made but shall only do so if it is satisfied that—
(a) there is good and sufficient reason for doing so, and
(b) the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension.
(9) References in this section to the Order shall be construed as including references to the Order as amended or replaced (with or without modification) by rules of court.]
Annotations
Amendments:
F463
Substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 13, S.I. No. 525 of 2006.
F464
Substituted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 13(a), (b), S.I. No. 403 of 2019.
F465
Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 13(c), S.I. No. 403 of 2019.
F466
Substituted by Planning and Development Act 2024 (34/2024), s. 304(1), not commenced as of date of revision.
Modifications (not altering text):
C123
Prospective affecting provision: subs. (2)(d) substituted by Planning and Development Act 2024 (34/2024), s. 304(1), not commenced as of date of revision.
F466[(d) the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019 ) in the performance or purported performance of any of its functions or the Commission in the performance or purported performance of its functions as the body to which an appeal from a decision of the said competent authority may be brought,]
C124
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 303(1), (4), not commenced as of date of revision. Note that Part 9 chapter 1 referred to in subs. (4) refers to ss. 278-290 (Part 9 judicial review).
Continued application of sections 50, 50A and 50B of Act of 2000 for limited period
303. (1) Section 50 of the Act of 2000 shall apply and have effect in relation to a decision or an act of a planning authority or the Commission under this Act, or that vests in the planning authority or the Commission by virtue of this Act, subject to the following modifications:
(a) references to the Act of 2000 shall be construed as including references to this Act,
(b) the reference, in paragraph (b) of subsection (2), to a function transferred under Part XIV of the Act of 2000 shall be construed as including a reference to a function vested in the Commission under or by virtue of Part 14 of this Act,
(c) the reference, in paragraph (c) of subsection (2), to section 214 of the Act of 2000 shall be construed as including a reference to section 410 of this Act,
(d) the reference, in subsection (3), to Chapter I or II of Part VI of the Act of 2000 shall be construed as including a reference to Part 17 of this Act,
(e) in subsection (7)—
(i) the reference to functions transferred under Part XIV of the Act of 2000 shall be construed as including a reference to functions vested under or by virtue of Part 14 of this Act, and
(ii) the reference to section 214 of the Act of 2000 shall be construed as including a reference to section 410 of this Act,
and
(f) references to the Board shall be construed as references to the Commission.
…
(4) This section shall cease to have effect upon the commencement of Chapter 1 of Part 9.
C125
Application of section extended (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 10(17), S.I. No. 403 of 2019.
Appeal to Board against relevant regulatory decision
10. ...
(17) Sections 50, 50A and 50B of the Act of 2000 shall, with all necessary modifications, apply to a decision of the Board under subsection (8) (a) on the appeal as those sections apply to a decision of the Board under section 37 of that Act on an appeal referred to in section 37R(1) of that Act.
...
C126
Section applied with modifications by Industrial Development Act 1986 (9/1986), s. 16D(2)(b) as inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 7, S.I. No. 361 of 2018.
[Functions of Bord Pleanála
16D. (1) The Board shall have the same functions in relation to a compulsory purchase order made by IDA by virtue of subsection (2) of section 16C as it has under Part XIV of the Act of 2000 in relation to a compulsory acquisition of land by a local authority under the Act of 1966, and for that purpose, a reference (howsoever expressed) in the Act of 2000 to the functions transferred to the Board under that Part shall include a reference to the performance of those functions by the Board in relation to such an order.
(2) Without prejudice to the generality of subsection (1)—
(a) sections 216(1), 217(3), (5), (6), (6A) and (7), 217A, 217C(1), 218(1), (3) and (4), 219 and 221(1), (2), (3), (5), (7) and (8) of the Act of 2000 shall, with any necessary modifications, apply in relation to a compulsory purchase order made by virtue of subsection (2) of section 16C as if references in that Act to a local authority were to IDA, and
(b) sections 50 and 50A of the Act of 2000 shall, with any necessary modifications, apply in respect of the performance by the Board of its functions under subsection (1) in the same manner as those sections apply in respect of the performance by the Board of a function transferred under Part XIV of that Act.
(3) In this section—
"Act of 2000" means the Planning and Development Act 2000 ;
"Board" means An Bord Pleanála.]
Editorial Notes:
E224
Previous affecting provision: section amended (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 12, commenced on enactment; substituted as per F-note above.
F467[Section 50: supplemental provisions.
50A.—(1) In this section—
"Court", where used without qualification, means the High Court (but this definition shall not be construed as meaning that subsections (2) to (6) and (9) do not extend to and govern the exercise by the Supreme Court of jurisdiction on any appeal that may be made);
"Order" shall be construed in accordance with section 50;
"section 50 leave" means leave to apply for judicial review under the Order in respect of a decision or other act to which section 50(2) applies.
F468[(2) (a) An application for section 50 leave shall be made by motion ex parte and shall be grounded in the manner specified in the Order in respect of an ex parte motion for leave.
(b) The Court hearing the ex parte application for leave may decide, having regard to the issues arising, the likely impact of the proceedings on the respondent or another party, or for other good and sufficient reason, that the application for leave should be conducted on an inter partes basis and may adjourn the application on such terms as it may direct in order that a notice may be served on that person.
(c) If the Court directs that the leave hearing is to be conducted on an inter partes basis it shall be by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave)—
(i) if the application relates to a decision made or other act done by a planning authority or local authority in the performance or purported performance of a function under this Act, to the authority concerned and, in the case of a decision made or other act done by a planning authority on an application for permission, to the applicant for the permission where he or she is not the applicant for leave,
(ii) if the application relates to a decision made or other act done by the Board on an appeal or referral, to the Board and each party or each other party, as the case may be, to the appeal or referral,
(iii) if the application relates to a decision made or other act done by the Board on an application for permission or approval, to the Board and to the applicant for the permission or approval where he or she is not the applicant for leave,
(iv) if the application relates to a decision made or other act done by the Board or a local authority in the performance or purported performance of a function referred to in section 50(2)(b) or (c), to the Board or the local authority concerned, and
(v) to any other person specified for that purpose by order of the High Court.
(d) The Court may—
(i) on the consent of all of the parties, or
(ii) where there is good and sufficient reason for so doing and it is just and equitable in all the circumstances,
treat the application for leave as if it were the hearing of the application for judicial review and may for that purpose adjourn the hearing on such terms as it may direct.]
(3) The Court shall not grant section 50 leave unless it is satisfied that—
(a) there are substantial grounds for contending that the decision or act concerned is invalid or ought to be F469[quashed,]
(b) (i) the applicant has a F470[sufficient interest] in the matter which is the subject of the application, or
(ii) where the decision or act concerned relates to a development identified in or under regulations made under section 176, for the time being in force, as being development which may have significant effects on the environment, the applicant—
(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection,
(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives, and
(III) satisfies such requirements (if any) as a body or organisation, if it were to make an appeal under section 37(4)(c), would have to satisfy by virtue of section 37(4)(d)(iii) (and, for this purpose, any requirement prescribed under section 37(4)(e)(iv) shall apply as if the reference in it to the class of matter into which the decision, the subject of the appeal, falls were a reference to the class of matter into which the decision or act, the subject of the application for section 50 leave, F469[falls), and]
F471[(c) the applicant has exhausted any available appeal procedures or any other administrative remedy available to him or her in respect of the decision or act concerned.]
(4) A F470[sufficient interest] for the purposes of subsection (3)(b)(i) is not limited to an interest in land or other financial interest.
(5) If the court grants section 50 leave, no grounds shall be relied upon in the application for judicial review under the Order other than those determined by the Court to be substantial under subsection (3)(a).
(6) The Court may, as a condition for granting section 50 leave, require the applicant for such leave to give an undertaking as to damages.
(7) The determination of the Court of an application for section 50 leave or of an application for judicial review on foot of such leave shall be final and no appeal shall lie from the decision of the Court to the Supreme Court in either case save with leave of the Court which leave shall only be granted where the Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.
(8) Subsection (7) shall not apply to a determination of the Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.
(9) If an application is made for judicial review under the Order in respect of part only of a decision or other act to which section 50(2) applies, the Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring invalid or quashing the remainder of the decision or other act or part of the decision or other act, and if the Court does so, it may make any consequential amendments to the remainder of the decision or other act or the part thereof that it considers appropriate.
F471[(9A) If, on an application for judicial review under the Order, the Court decides to quash a decision or other act to which section 50(2) applies, made or done on an application for permission or approval, the Court shall, if requested by the applicant for permission or approval, remit the matter to the planning authority, the local authority or the Board, as may be appropriate, for reconsideration, subject to such directions as the Court considers appropriate, unless the Court considers, having regard to the circumstances of the case, that it would not be lawful to do so.]
(10) The Court shall, in determining F472[an application for section 50 leave, an application for judicial review on foot of such leave or an application for leave under subsection (7)], act as expeditiously as possible consistent with the administration of justice.
(11) On an appeal from a determination of the Court in respect of an application referred to in subsection (10), the Supreme Court shall—
(a) have jurisdiction to determine only the point of law certified by the Court under subsection (7) (and to make only such order in the proceedings as follows from such determination), and
(b) in determining the appeal, act as expeditiously as possible consistent with the administration of justice.
(12) Rules of court may make provision for the expeditious hearing of applications for section 50 leave and applications for judicial review on foot of such leave.]
F473[(13) For the avoidance of doubt, where—
(a) the Court has granted leave to appeal its decision in accordance with subsection (7), or
(b) an appeal has been brought to the Court of Appeal in accordance with subsection (8),
any party to the appeal may, at any time thereafter prior to the determination of such appeal, without any prior application to the Court of Appeal, apply to the Supreme Court under Article 34.5.4° of the Constitution to determine the appeal.
(14) Where the Supreme Court grants an application referred to in subsection (13), the Court of Appeal shall, in respect of the proceedings before it in relation to the appeal, provide by order for the discontinuance of those proceedings, which order of discontinuance shall be confined to the grounds upon which the Supreme Court granted leave to appeal, whether or not any application in relation to the appeal has been made to the Court of Appeal.
(15) The Supreme Court shall act as expeditiously as possible consistent with the administration of justice in determining any application referred to in subsection (13) and, where the Supreme Court grants the application, any appeal.]
Annotations
Amendments:
F467
Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 13, S.I. No. 525 of 2006.
F468
Substituted (28.09.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 32, S.I. No. 451 of 2010.
F469
Substituted (20.10.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 22(a)(i), (ii), S.I. No. 523 of 2022.
F470
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 20, S.I. No. 433 of 2011.
F471
Inserted (20.10.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 22(a)(iii), (b), S.I. No. 523 of 2022.
F472
Substituted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 6(a), S.I. No. 715 of 2021.
F473
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 6(b), S.I. No. 715 of 2021.
Modifications (not altering text):
C127
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 303(2), (4) not commenced as of date of revision. Note that Part 9 chapter 1 referred to in subs. (4) refers to ss. 278-290 (Part 9 judicial review).
Continued application of sections 50, 50A and 50B of Act of 2000 for limited period
303.— …
(2) Section 50A of the Act of 2000 shall apply and have effect in relation to a decision or an act of a planning authority or the Commission under this Act as they apply and have effect in relation to a decision or an act of a planning authority or the Commission under the Act of 2000, subject to the following modifications:
(a) references to the Act of 2000 shall be construed as including references to this Act,
(b) the reference, in subparagraph (ii) of paragraph (b) of subsection (3), to section 176 of the Act of 2000 shall be construed as including a reference to section 225 of this Act,
(c) in subparagraph (ii) of paragraph (b) of subsection (3)—
(i) the reference to section 37(4)(c) of the Act of 2000 shall be construed as including a reference to paragraph (b) of subsection (2) of section 102,
the reference to section 37(4)(d)(iii) of the Act of 2000 shall be construed as including a reference to subparagraph (ix) of paragraph (f) of subsection (2) of section 183, and
(iii) the reference to section 37(4)(e)(iv) of the Act of 2000 shall be construed as including a reference to clause (IV) of subparagraph (ix) of paragraph (f) of subsection (2) of section 183,
and
(d) references to the Board shall be construed as references to the Commission.
…
(4) This section shall cease to have effect upon the commencement of Chapter 1 of Part 9.
C128
Application of section extended (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 10(17), S.I. No. 403 of 2019.
Appeal to Board against relevant regulatory decision
10. ...
(17) Sections 50, 50A and 50B of the Act of 2000 shall, with all necessary modifications, apply to a decision of the Board under subsection (8) (a) on the appeal as those sections apply to a decision of the Board under section 37 of that Act on an appeal referred to in section 37R(1) of that Act.
...
C129
Section applied with modifications by Industrial Development Act 1986 (9/1986), s. 16D(2)(b) as inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 7, S.I. No. 361 of 2018.
Functions of Bord Pleanála
16D. (1) The Board shall have the same functions in relation to a compulsory purchase order made by IDA by virtue of subsection (2) of section 16C as it has under Part XIV of the Act of 2000 in relation to a compulsory acquisition of land by a local authority under the Act of 1966, and for that purpose, a reference (howsoever expressed) in the Act of 2000 to the functions transferred to the Board under that Part shall include a reference to the performance of those functions by the Board in relation to such an order.
(2) Without prejudice to the generality of subsection (1)—
(a) sections 216(1), 217(3), (5), (6), (6A) and (7), 217A, 217C(1), 218(1), (3) and (4), 219 and 221(1), (2), (3), (5), (7) and (8) of the Act of 2000 shall, with any necessary modifications, apply in relation to a compulsory purchase order made by virtue of subsection (2) of section 16C as if references in that Act to a local authority were to IDA, and
(b) sections 50 and 50A of the Act of 2000 shall, with any necessary modifications, apply in respect of the performance by the Board of its functions under subsection (1) in the same manner as those sections apply in respect of the performance by the Board of a function transferred under Part XIV of that Act.
(3) In this section—
"Act of 2000" means the Planning and Development Act 2000 ;
"Board" means An Bord Pleanála.
F474[Costs in environmental matters.
50B.—(1) This section applies to proceedings of the following kinds:
(a) proceedings in the High Court by way of judicial review, or of seeking leave to apply for judicial review, of—
(i) any decision or purported decision made or purportedly made,
(ii) any action taken or purportedly taken, F475[…]
(iii) any failure to take any action,
pursuant to a F476[statutory provision] that gives effect to—
(I) a provision of Council Directive 85/337/EEC of 27 June 1985 to which Article 10a (inserted by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directive 85/337/EEC and 96/61/EC) of that Council Directive applies,
(II) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, or
(III) a provision of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control to which Article 16 of that Directive F476[applies, or]
F477[(IV) paragraph 3 or 4 of Article 6 of the Habitats Directive; or]
(b) an appeal (including an appeal by way of case stated) to the Supreme Court from a decision of the High Court in a proceeding referred to in paragraph (a);
(c) proceedings in the High Court or the Supreme Court for interim or interlocutory relief in relation to a proceeding referred to in paragraph (a) or (b).
F478[(2) Notwithstanding anything contained in Order 99 of the Rules of the Superior Courts (S.I. No. 15 of 1986) and subject to subsections (2A), (3) and (4), in proceedings to which this section applies, each party to the proceedings (including any notice party) shall bear its own costs.]
F479[(2A) The costs of proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant to the extent that the applicant succeeds in obtaining relief and any of those costs shall be borne by the respondent or notice party, or both of them, to the extent that the actions or omissions of the respondent or notice party, or both of them, contributed to the applicant obtaining relief.]
(3) The Court may award costs against a party in proceedings to which this section applies if the Court considers it appropriate to do so—
(a) because the Court considers that a claim or counterclaim by the party is frivolous or vexatious,
(b) because of the manner in which the party has conducted the proceedings, or
(c) where the party is in contempt of the Court.
(4) Subsection (2) 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 "the Court" shall be construed as, in relation to particular proceedings to which this section applies, a reference to the High Court or the Supreme Court, as may be appropriate.]
F477[(6) In this section "statutory provision" means a provision of an enactment or instrument under an enactment.]
Annotations
Amendments:
F474
Inserted (28.09.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 33, S.I. No. 451 of 2010.
F475
Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 29(a)(ii), S.I. No. 436 of 2018.
F476
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 29(a)(i), (iii), S.I. No. 436 of 2018.
F477
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 29(a)(iv), (b), S.I. No. 436 of 2018.
F478
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 21(a), S.I. No. 433 of 2011.
F479
Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 21(b), S.I. No. 433 of 2011.
F480
Substituted by Planning and Development Act 2024 (34/2024), s. 304(2)(a)-(d), not commenced as of date of revision.
Modifications (not altering text):
C130
Prospective affecting provision: subs. (1)(a)(I), (III), (IV) substituted, (II) amended by Planning and Development Act 2024 (34/2024), s. 304(2)(a)-(d), not commenced as of date of revision.
F480[(I) a provision of the Environmental Impact Assessment Directive (within the meaning of the Planning and Development Act 2024) to which, by virtue of paragraph 1 of Article 11 of that Directive, the said Article 11 is subject,]
(II) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the F480[environment,]
F480[(III) a provision of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 201020 on industrial emissions (integrated pollution prevention and control) to which, by virtue of paragraph 1 of Article 25 of that Directive, Article 24 of that Directive is subject, or]
F480[(IV) paragraph 3 or 4 of Article 6 of the Habitats Directive (within the meaning of the Planning and Development Act 2024);]
C131
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 303(3), not commenced as of date of revision. Note that Part 9 chapter 1 referred to in subs. (4) refers to ss. 278-290 (Part 9 judicial review).
Continued application of sections 50, 50A and 50B of Act of 2000 for limited period
303.— …
(3) Section 50B of the Act of 2000 shall apply and have effect in relation to a decision or an act of a planning authority or the Commission under this Act as they apply and have effect in relation to a decision or an act of a planning authority or the Commission under the Act of 2000.
(4) This section shall cease to have effect upon the commencement of Chapter 1 of Part 9.
C132
Prospective affecting provision: section applied with modifications by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 41(6), not commenced as of date of revision.
Judicial review
41. ...
(6) The provisions of section 50B of the Act of 2000 shall, with all necessary modifications, apply to the questioning of a decision, act or omission referred to in this section which has been subjected to an EIA or an AA or both an EIA and an AA.
...
C133
Section applied with modifications (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 10(17), S.I. No. 403 of 2019.
Appeal to Board against relevant regulatory decision
10. ...
(17) Sections 50, 50A and 50B of the Act of 2000 shall, with all necessary modifications, apply to a decision of the Board under subsection (8) (a) on the appeal as those sections apply to a decision of the Board under section 37 of that Act on an appeal referred to in section 37R(1) of that Act.
...
C134
Section applied with modifications (8.09.2011) by European Communities (Environmental Impact Assessment) (Agriculture) Regulations 2011 (S.I. No. 456 of 2011), reg. 22.
Costs in certain civil proceedings
22. Section 50B (inserted by section 33 of the Planning and Development (Amendment) Act 2010 (No. 30 of 2010)) as amended by section 21 of the Environmental Miscellaneous Provisions Act 2011 (No. 20 of 2011) of the Planning and Development Act 2000 applies mutatis mutandi to these Regulations.
Editorial Notes:
E225
Previous affecting provision: application of section extended (14.10.2010) by European Communities (Forest Consent and Assessment) Regulations 2010 (S.I. No. 558 of 2010), reg. 22; revoked (24.05.2017) by Forestry Regulations 2017 (S.I. No. 191 of 2017), reg. 23(1)(a), in effect as per reg. 1(2).
E226
Previous affecting provision: subs. (2) substituted (28.09.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 33, S.I. No. 451 of 2010; substituted as per F-note above.
PART IV
Architectural Heritage
Annotations
Modifications (not altering text):
C135
Application of Part restricted with retrospective effect by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 38(2), as inserted (1.08.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 115(6), S.I. No. 291 of 2008.
Exempted development.
[38.—(1) Each of the following shall be exempted development for the purposes of the Act of 2000:
(a) development consisting of the carrying out of railway works, including the use of the railway works or any part thereof for the purposes of the operation of a railway, authorised by the Board and specified in a railway order or of any incidental or temporary works connected with such development;
(b) development consisting of the carrying out of railway works for the maintenance, improvement or repair of a railway that has been built pursuant to a railway order.
(2) Part IV of the Act of 2000 does not apply and is deemed never to have applied to developments specified in subsection (1).]
Chapter I
Protected Structures
Record of protected structures.
51.—(1) For the purpose of protecting structures, or parts of structures, which form part of the architectural heritage and which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, every development plan shall include a record of protected structures, and shall include in that record every structure which is, in the opinion of the planning authority, of such interest within its functional area.
F481[(2) The Minister shall prescribe the form of a record of protected structures.]
(3) Subject to any additions or deletions made to the record, either under this Part or in the course of a review of the development plan under Part II, a record of protected structures shall continue to be part of that plan or any variation or replacement of the plan.
Annotations
Amendments:
F481
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 6, S.I. No. 279 of 2021.
Modifications (not altering text):
C136
Functions in relation to section transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch. Note that name of Department of and Minister for Tourism, Culture and Sport changed to Department of and Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).
2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.
(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.
3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—
(a) by or under any of the Acts mentioned in Part 1 of the Schedule,
(b) under the Regulations mentioned in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12 (3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Tourism, Culture and Sport.
(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.
...
Schedule Part 1
Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53, 55, 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).
Part 2
Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 );
...
Editorial Notes:
E227
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E228
Previous affecting provision: functions and powers in relation to National Monuments (Amendment) Act 1994 (17/1994), ss. 5(5) and 6(2) transferred to Department of and Minister for Arts, Sport and Tourism (10.07.2002) by National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002).
E229
Previous affecting provision: name of Department of and Minister for Arts, Heritage, Gaeltacht and the Islands changed to Department of and Minister for Community, Rural and Gaeltacht Affairs (19.06.2002) by Arts, Heritage, Gaeltacht and The Islands (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 308 of 2002).
Guidelines by Minister for Arts, Heritage, Gaeltacht and the Islands.
52.—F482[(1) The Minister shall issue guidelines to planning authorities concerning development objectives—
(a) for protecting structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, and
(b) for preserving the character of architectural conservation areas,
and any such guidelines shall include the criteria to be applied when selecting proposed protected structures for inclusion in the record of protected structures.]
(2) The Minister for Arts, Heritage, Gaeltacht and the Islands may, after consulting with the authorities of any religious denominations which he or she considers necessary, issue guidelines to planning authorities concerning—
(a) the issue of declarations under section 57 in respect of protected structures which are regularly used as places of public worship, and
(b) the consideration by planning authorities of applications for development affecting the interior of such protected structures.
(3) In considering development objectives, a planning authority shall have regard to any guidelines issued under this section.
(4) In this section, “development objective” means an objective which, under section 10, a planning authority proposes to include in its development plan.
Annotations
Amendments:
F482
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 7(1), S.I. No. 279 of 2021, with provision in subs. (2) for continuation in force of any existing guidelines.
Modifications (not altering text):
C137
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 25(8), (9), not commenced as of date of revision.
National Planning Statement
25. ...
(8) Notwithstanding the repeal of section 52 of the Act of 2000 effected by section 6, any guideline issued under the said section 52 that was in force immediately before that repeal shall continue in force on and after that repeal until—
(a) revoked by the Minister under subsection (9), or
(b) a National Planning Statement is issued under this Chapter with which the guideline conflicts.
(9) The Minister may revoke guidelines under section 52 of the Act of 2000 that, by virtue of subsection (8), continue in force on and after the repeal of that section by section 6.
C138
Functions under subs. (2) transferred and references construed (24.06.2021) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Housing, Local Government and Heritage.
(2) References to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Local Government and Heritage.
3. (1) The functions vested in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media–
(a) by or under any of the provisions of the Acts specified in Part 1 of the Schedule,
(b) under the Regulations specified in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Housing, Local Government and Heritage.
(2) References to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Housing, Local Government and Heritage.
...
SCHEDULE
Part 1
...
Sections 5(8), 52(2), 53, 55 and 80 of the Planning and Development Act 2000 (No. 30 of 2000)
...
C139
Functions in relation to section transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch. Note that name of Department of and Minister for Tourism, Culture and Sport changed to Department of and Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).
2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.
(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.
3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—
(a) by or under any of the Acts mentioned in Part 1 of the Schedule,
(b) under the Regulations mentioned in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12 (3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Tourism, Culture and Sport.
(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.
...
Schedule Part 1
Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53, 55, 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).
Part 2
Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 );
...
Editorial Notes:
E230
Previous affecting provision: functions and powers in relation to National Monuments (Amendment) Act 1994 (17/1994), ss. 5(5) and 6(2) transferred to Department of and Minister for Arts, Sport and Tourism (10.07.2002) by National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002).
E231
Previous affecting provision: name of Department of and Minister for Arts, Heritage, Gaeltacht and the Islands changed to Department of and Minister for Community, Rural and Gaeltacht Affairs (19.06.2002) by Arts, Heritage, Gaeltacht and The Islands (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 308 of 2002).
Recommendations to planning authorities concerning specific structures.
53.—(1) The Minister for Arts, Heritage, Gaeltacht and the Islands may, in writing, make recommendations to a planning authority concerning the inclusion in its record of protected structures of any or all of the following—
(a) particular structures;
(b) specific parts of particular structures;
(c) specific features within the attendant grounds of particular structures.
(2) A planning authority shall have regard to any recommendations made to it under this section.
(3) A planning authority which, after considering a recommendation made to it under this section, decides not to comply with the recommendation, shall inform the Minister for Arts, Heritage, Gaeltacht and the Islands in writing of the reason for its decision.
Annotations
Modifications (not altering text):
C140
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 308(8), not commenced as of date of revision.
Recommendations to planning authorities concerning specific structures
308. …
(8) Section 53 of the Act of 2000 shall continue to apply and have effect, on and after the repeal of that section by section 6, in relation to a recommendation under the said section 53.
C141
Functions under section transferred and references construed (24.06.2021) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Housing, Local Government and Heritage.
(2) References to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Local Government and Heritage.
3. (1) The functions vested in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media–
(a) by or under any of the provisions of the Acts specified in Part 1 of the Schedule,
(b) under the Regulations specified in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Housing, Local Government and Heritage.
(2) References to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Housing, Local Government and Heritage.
...
SCHEDULE
Part 1
...
Sections 5(8), 52(2), 53, 55 and 80 of the Planning and Development Act 2000 (No. 30 of 2000)
...
C142
Functions in relation to section transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch. Note that name of Department of and Minister for Tourism, Culture and Sport changed to Department of and Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).
2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.
(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.
3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—
(a) by or under any of the Acts mentioned in Part 1 of the Schedule,
(b) under the Regulations mentioned in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12 (3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Tourism, Culture and Sport.
(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.
...
Schedule Part 1
Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53, 55, 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).
Part 2
Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 );
...
Editorial Notes:
E232
Previous affecting provision: functions and powers in relation to National Monuments (Amendment) Act 1994 (17/1994), ss. 5(5) and 6(2) transferred to Department of and Minister for Arts, Sport and Tourism (10.07.2002) by National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002).
E233
Previous affecting provision: name of Department of and Minister for Arts, Heritage, Gaeltacht and the Islands changed to Department of and Minister for Community, Rural and Gaeltacht Affairs (19.06.2002) by Arts, Heritage, Gaeltacht and The Islands (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 308 of 2002).
Additions to and deletions from record of protected structures.
54.—(1) A planning authority may add to or delete from its record of protected structures a structure, a specified part of a structure or a specified feature of the attendant grounds of a structure, where—
(a) the authority considers that—
(i) in the case of an addition, the addition is necessary or desirable in order to protect a structure, or part of a structure, of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, whether or not a recommendation has been made under section 53, or
(ii) in the case of a deletion, the protection of the structure or part is no longer warranted,
and
(b) the addition or deletion is made when making a development plan under Part II or in accordance with section 55.
(2) The making of an addition to, or a deletion from, a record of protected structures shall be a reserved function.
Annotations
Modifications (not altering text):
C143
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 306(5), not commenced as of date of revision.
Record of protected structures
306.— …
(5) Sections 54 and 55 of the Act of 2000 shall continue to apply and have effect in relation to a record of protected structures included in a development plan—
(a) under that Act, and
(b) that, by virtue of section 68, remains in force after the repeal of those sections by section 6.
Editorial Notes:
E234
Making an addition to, or a deletion from, a record of protected structures is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 2 item 13 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
Procedure for making additions for deletions.
55.—(1) A planning authority which proposes, at any time other than in the course of making its development plan under Part II, to make an addition to or a deletion from its record of protected structures shall—
(a) serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion, including the particulars,
(b) send particulars of the proposed addition or deletion to the Minister for Arts, Heritage, Gaeltacht and the Islands and to any other prescribed bodies, and
(c) cause notice of the proposed addition or deletion to be published in at least one newspaper circulating in its functional area.
(2) A notice under paragraph (a) or (c) of subsection (1) shall state the following—
(a) that particulars of the proposed addition or deletion may be inspected at a specified place, during a specified period of not less than 6 weeks;
(b) that, during such period, any person may make written submissions or observations, with respect to the proposed addition or deletion, to the planning authority, and that any such submissions or observations will be taken into consideration before the making of the addition or deletion concerned;
(c) whether or not the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands;
(d) that, if the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward to that Minister for his or her observations a copy of any submission or observation made under paragraph (b).
(3) Before making the proposed addition or deletion, the planning authority shall—
(a) consider any written submissions or observations received under subsection (2) (b), and
(b) have regard to any observations received from the Minister for Arts, Heritage, Gaeltacht and the Islands, concerning those submissions or observations, within 4 weeks after the receipt by that Minister of a copy of the submissions or observations.
(4) Within 12 weeks after the end of the period allowed under subsection (2)(a) for inspection, the planning authority shall decide whether or not the proposed addition or deletion should be made.
(5) Within 2 weeks after making an addition to or a deletion from the record of protected structures, a planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.
Annotations
Modifications (not altering text):
C144
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 306(5), not commenced as of date of revision.
Record of protected structures
306.— …
(5) Sections 54 and 55 of the Act of 2000 shall continue to apply and have effect in relation to a record of protected structures included in a development plan—
(a) under that Act, and
(b) that, by virtue of section 68, remains in force after the repeal of those sections by section 6.
C145
Functions under section transferred and references construed (24.06.2021) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Housing, Local Government and Heritage.
(2) References to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Local Government and Heritage.
3. (1) The functions vested in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media–
(a) by or under any of the provisions of the Acts specified in Part 1 of the Schedule,
(b) under the Regulations specified in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Housing, Local Government and Heritage.
(2) References to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Housing, Local Government and Heritage.
...
SCHEDULE
Part 1
...
Sections 5(8), 52(2), 53, 55 and 80 of the Planning and Development Act 2000 (No. 30 of 2000)
...
C146
Functions in relation to section transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch. Note that name of Department of and Minister for Tourism, Culture and Sport changed to Department of and Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).
2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.
(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.
3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—
(a) by or under any of the Acts mentioned in Part 1 of the Schedule,
(b) under the Regulations mentioned in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12 (3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Tourism, Culture and Sport.
(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.
...
Schedule Part 1
Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53, 55, 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).
Part 2
Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 );
...
Editorial Notes:
E235
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).
E236
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E237
Previous affecting provision: functions and powers in relation to National Monuments (Amendment) Act 1994 (17/1994), ss. 5(5) and 6(2) transferred to Department of and Minister for Arts, Sport and Tourism (10.07.2002) by National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002).
E238
Previous affecting provision: name of Department of and Minister for Arts, Heritage, Gaeltacht and the Islands changed to Department of and Minister for Community, Rural and Gaeltacht Affairs (19.06.2002) by Arts, Heritage, Gaeltacht and The Islands (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 308 of 2002).
Registration under Registration of Title Act, 1964.
56.—Where a structure, a specified part of a structure or a specified feature within the attendant grounds of a structure is included in the record of protected structures, its inclusion may be registered under the Registration of Title Act, 1964, in the appropriate register maintained under that Act, as a burden affecting registered land (within the meaning of that Act).
Works affecting character of protected structures or proposed protected structures.
57.—(1) F483[Notwithstanding section 4(1)(a), (h), (i), F484[(ia)] (j), (k), or (l) and any regulations made under section 4(2),] the carrying out of works to a protected structure, or a proposed protected structure, shall be exempted development only if those works would not materially affect the character of—
(a) the structure, or
(b) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.
(2) An owner or occupier of a protected structure may make a written request to the planning authority, within whose functional area that structure is situated, to issue a declaration as to the type of works which it considers would or would not materially affect the character of the structure or of any element, referred to in subsection (1)(b), of that structure.
(3) Within 12 weeks after receiving a request under subsection (2), or within such other period as may be prescribed, a planning authority shall issue a declaration under this section to the person who made the request.
(4) Before issuing a declaration under this section, a planning authority F485[or the Board] shall have regard to—
(a) any guidelines issued under section 52, and
(b) any recommendations made to the authority under section 53.
(5) If the declaration relates to a protected structure that is regularly used as a place of public worship, the planning authority F485[or the Board]
(a) in addition to having regard to the guidelines and recommendations referred to in subsection (4), shall respect liturgical requirements, and
(b) for the purpose of ascertaining those requirements shall—
(i) comply with any guidelines concerning consultation which may be issued by the Minister for Arts, Heritage, Gaeltacht and the Islands, or
(ii) if no such guidelines are issued, consult with such person or body as the planning authority F485[or the Board] considers appropriate.
(6) When considering an application for permission for the development of land under section 34 which—
(a) relates to the interior of a protected structure, and
(b) is regularly used as a place of public worship,
the planning authority, and the Board on appeal, shall, in addition to any other requirements of the Act, respect liturgical requirements.
(7) A planning authority may at any time review a declaration issued under this section but the review shall not affect any works carried out in reliance on the declaration prior to the review.
F486[(8) Any person to whom a declaration under subsection (3), or a declaration reviewed under subsection (7) has been issued, may, on payment to the Board of such fee as may be prescribed, refer the declaration for review by the Board within 4 weeks from the date of the issuing of the declaration, or the declaration as reviewed, as the case may be.
(9) A planning authority shall cause—
(a) the details of any declaration issued by that authority, or of a decision by the Board on a referral, to be entered on the register kept by the authority under section 7, and
(b) a copy of the declaration or decision, as appropriate, to be made available for inspection by members of the public, during office hours, at the office of the authority, following the issue of the declaration or decision.]
(10) (a) For the avoidance of doubt, it is hereby declared that a planning authority or the Board on appeal—
(i) in considering any application for permission in relation to a protected structure, shall have regard to the protected status of the structure, or
(ii) in considering any application for permission in relation to a proposed protected structure, shall have regard to the fact that it is proposed to add the structure to a record of protected structures.
(b) A planning authority, or the Board on appeal, shall not grant permission for the demolition of a protected structure or proposed protected structure, save in exceptional circumstances.
Annotations
Amendments:
F483
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 34, S.I. No. 477 of 2010.
F484
Inserted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 22(1), S.I. No. 474 of 2011, subject to transitional provision in subs. (2).
F485
Inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s.13(a) and (b), commenced on enactment.
F486
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s.13(c), commenced on enactment.
Modifications (not altering text):
C147
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 310(14), (15), not commenced as of date of revision.
Declarations relevant to works relating to protected structures or proposed protected structures
310.— …
(14) A declaration under section 57 of the Act of 2000 made before its repeal by section 6 shall have effect on and after such repeal as if made under this section.
(15) Notwithstanding the repeal of section 57 of the Act of 2000 effected by section 6, the Act of 2000 shall, subject to Part 17, continue to apply and have effect in relation to a request or appeal under that section made before that repeal.
...
Duty of owners and occupiers to protect structures from endangerment.
58.—(1) Each owner and each occupier shall, to the extent consistent with the rights and obligations arising out of their respective interests in a protected structure or a proposed protected structure, ensure that the structure, or any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, is not endangered.
(2) The duty imposed by subsection (1) in relation to a proposed protected structure arises at the time the owner or occupier is notified, under section 55 or under Part II, of the proposal to add the structure to the record of protected structures.
(3) Neither of the following shall be considered to be a breach of the duty imposed on each owner and each occupier under this section—
(a) development in respect of which permission under section 34 has been granted;
(b) development consisting only of works of a type which, in a declaration issued under section 57(3) to that owner or occupier, a planning authority has declared would not materially affect the character of the protected structure or any element, referred to in subsection (1) of this section, of that structure.
(4) Any person who, without lawful authority, causes damage to a protected structure or a proposed protected structure shall be guilty of an offence.
(5) Without prejudice to any other defence that may be available, it shall be a good defence in any proceedings for an offence under subsection (4) to prove that the damage to the structure resulted from works which were—
(a) urgently required in order to secure the preservation of the structure or any part of it,
(b) undertaken in good faith solely for the purpose of temporarily safeguarding the structure, and
(c) unlikely to permanently alter the structure or any element of it referred to in subsection (1).
Notice to require works to be carried out in relation to endangerment of protected structures.
59.—(1) Where, in the opinion of the planning authority, it is necessary to do so in order to prevent a protected structure situated within its functional area from becoming or continuing to be endangered, the authority shall serve on each person who is the owner or occupier of the protected structure a notice—
(a) specifying the works which the planning authority considers necessary in order to prevent the protected structure from becoming or continuing to be endangered, and
(b) requiring the person on whom the notice is being served to carry out those works within a specified period of not less than 8 weeks from the date the notice comes into effect under section 62.
(2) After serving notice under subsection (1) on a person, a planning authority may—
(a) at its discretion, assist the person in carrying out the works required under the notice, and
(b) provide such assistance in any form it considers appropriate, including advice, financial aid, materials, equipment and the services of the authority’s staff.
(3) Any person on whom a notice under subsection (1) has been served may, within 4 weeks from the date of service of the notice, make written representations to the planning authority concerning—
(a) the terms of the notice,
(b) the provision of assistance under subsection (2), and
(c) any other material considerations.
(4) After considering any representations made under subsection (3), the planning authority may confirm, amend or revoke the notice, and shall notify the person who made the representations of its decision.
(5) Particulars of a notice served under this section shall be entered in the register.
Annotations
Modifications (not altering text):
C148
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 9(9), (10), not commenced as of date of revision.
Exempted development
9. ...
(9) Development in accordance with a notice under subsection (1) of section 59, or subsection (2) of section 60, of the Act of 2000 commenced on or after the repeal of that section by section 6 shall be exempted development for the purposes of this Act.
(10) Development to which—
(a) a declaration under subsection (4) or (4A) of section 181B of the Act of 2000 applies, or
(b) a declaration under subparagraph (i) of paragraph (ba) of subsection (2A) of section 181 of the Act of 2000 applies,
shall be exempted development for the purposes of this Act.
C149
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329(1), not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
...
Notice to require restoration of character of protected structures and other places.
60.—(1) In this section, “works”, in relation to a structure or any element of a structure, includes the removal, alteration or replacement of any specified part of the structure or element, and the removal or alteration of any advertisement structure.
(2) A planning authority may serve a notice that complies with subsection (3) on each person who is the owner or occupier of a structure situated within its functional area, if—
(a) the structure is a protected structure and, in the opinion of the planning authority, the character of the structure or of any of its elements ought to be restored, or
(b) the structure is in an architectural conservation area and, in the opinion of the planning authority, it is necessary, in order to preserve the character of the area, that the structure be restored.
(3) A notice under subsection (2) shall—
(a) specify the works required to be carried out for the purposes of restoring the structure or element referred to in the notice,
(b) state that the person on whom the notice is served may, within a specified period of not less than 8 weeks from the date of the service of the notice, make written representations to the planning authority concerning the notice,
(c) invite that person to enter into discussions with the planning authority, within a specified period of not less than 8 weeks from the date of the service of the notice, concerning the notice and in particular concerning—
(i) the provision by the planning authority of advice, materials, equipment, the services of the authority’s staff or other assistance in carrying out the works specified in the notice, and
(ii) the period within which the works are to be carried out,
(d) specify the period within which, unless otherwise agreed in the discussions under paragraph (c), the works shall be carried out, being a period of not less than 8 weeks from the end of the period allowed for entering into discussions, and
(e) state that the planning authority shall pay any expenses that are reasonably incurred by that person in carrying out the works in accordance with the notice, other than works that relate to an unauthorised structure which has been constructed, erected or made 7 years or less prior to the service of the notice.
(4) In deciding whether to serve a notice under this section, a planning authority shall have regard to any guidelines issued under section 52 and any recommendations made under section 53.
(5) If the invitation under subsection (3)(c) to enter into discussions is accepted, the planning authority shall facilitate the holding of those discussions.
(6) After considering any representations made under subsection (3)(b) and any discussions held under subsection (5), the planning authority may confirm, amend or revoke the notice and shall notify the person who made the representations of its decision.
(7) Particulars of a notice served under this section shall be entered in the register.
Annotations
Modifications (not altering text):
C150
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 9(9), (10), not commenced as of date of revision.
Exempted development
9. ...
(9) Development in accordance with a notice under subsection (1) of section 59, or subsection (2) of section 60, of the Act of 2000 commenced on or after the repeal of that section by section 6 shall be exempted development for the purposes of this Act.
(10) Development to which—
(a) a declaration under subsection (4) or (4A) of section 181B of the Act of 2000 applies, or
(b) a declaration under subparagraph (i) of paragraph (ba) of subsection (2A) of section 181 of the Act of 2000 applies,
shall be exempted development for the purposes of this Act.
C151
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329(2), not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.— …
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Appeals against notices.
61.—(1) Within 2 weeks after being notified under section 59(4) or 60(6) of the confirmation or amendment of a notice, any person who made representations in relation to the notice may appeal against the notice to the District Court, on any one or more of the following grounds:
(a) that the person is not the owner or occupier of the structure in respect of which the notice has been served;
(b) that, in the case of a notice under section 59(1), compliance with the requirements of the notice would involve unreasonable expense, and that the person had stated in representations made to the planning authority under section 59(3) that he or she did not have the means to pay;
(c) that the person has already taken all reasonable steps to—
(i) in the case of a notice under section 59(1), prevent the structure from becoming, or continuing to be endangered,
(ii) in the case of a notice under section 60(2) in relation to a protected structure, restore the character of the structure or the element, or
(iii) in the case of a notice under section 60(2) in relation to a structure that forms part of a place, area, group of structures or townscape referred to in paragraph (b) of that subsection, assist in restoring the character of that place, area, group of structures or townscape, as the case may be;
(d) that the time for complying with the notice is unreasonably short.
(2) Notice of an appeal under subsection (1) shall be given to the planning authority, and it shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
(3) On the hearing of the appeal, the District Court may, as it thinks proper—
(a) confirm the notice unconditionally,
(b) confirm the notice subject to such modifications or additions as the Court thinks reasonable, or
(c) annual the notice.
(4) Where the notice is confirmed under subsection (3)(b) subject to modifications or additions, the notice shall have effect subject to those modifications or additions.
Annotations
Modifications (not altering text):
C152
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329, not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Effective date of notices.
62.—A notice under section 59(1) or 60(2) shall not have effect until the expiry of 4 weeks from the date of service of the notice, subject to the following exceptions—
(a) if any representations have been made under section 59 or 60 in relation to the notice, and no appeal is taken within the period allowed under section 61(1), the notice has effect on the expiry of the appeal period;
(b) if an appeal is taken under section 61(1) and the notice is confirmed, the notice has effect on the date on which the decision of the District Court is pronounced, or the date on which that order is expressed to take effect, whichever is later;
(c) if an application is made to the District Court under section 65(1) and an order is made under section 65(2)(a), the notice has effect on the date on which the decision of the Court is pronounced, or the date on which that order is expressed to take effect, whichever is later.
Annotations
Modifications (not altering text):
C153
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329, not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Offence relating to endangerment of protected structures.
63.—A person who fails to comply with a notice served on him or her under section 59(1) shall be guilty of an offence.
Annotations
Modifications (not altering text):
C154
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329, not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Owners’ powers in relation to notices concerning endangerment or restoration of structures.
64.—Any person who is the owner of the land or structure in respect of which a notice under section 59(1) or 60(2) has been served, and his or her servants or agents, may enter that land or structure and carry out the works required under the notice.
Annotations
Modifications (not altering text):
C155
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329(1), (2) not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Application to District Court for necessary consent.
65.—(1) A person served with a notice under section 59(1) or 60(2) may apply to the District Court for an order under subsection (2) of this section if—
(a) that person is unable, without the consent of another person, to carry out the works required under the notice, and
(b) the other person withholds consent to the carrying out of those works.
(2) If, on hearing an application under subsection (1), the District Court determines that the other person’s consent has been unreasonably withheld—
(a) the Court may, at its discretion, deem that consent to have been given, and
(b) in that case, the person making the application shall be entitled to carry out the works required under the notice.
Annotations
Modifications (not altering text):
C156
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329, not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Jurisdiction of District Court.
66.—The jurisdiction conferred on the District Court—
(a) by section 61 in relation to an appeal against a notice, or
(b) by section 65 in relation to an application for an order deeming consent to have been given,
shall be exercised by a judge of that Court having jurisdiction in the district in which the structure that is the subject of the appeal or application is situated.
Annotations
Modifications (not altering text):
C157
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329, not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Application to court for contribution to cost of carrying out works on endangered structures.
67.—(1) A person who has been served with a notice under section 59(1), and who has carried out the works required under the notice, may apply to a court of competent jurisdiction for an order directing that all, or such part as may be specified in the order, of the cost of those works be borne by some other person who has an interest in the structure concerned.
(2) On the hearing of an application under subsection (1), the court shall make such order as it considers just, having regard to all the circumstances of the case.
Annotations
Modifications (not altering text):
C158
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329(1), (2) not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Carrying out of certain works to be exempted development.
68.—The carrying out of any works specified in a notice under section 59(1) or 60(2) shall be exempted development.
Annotations
Modifications (not altering text):
C159
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329, not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Planning authority’s power to carry out works to protected structures and other places.
69.—Where a person on whom a planning authority has served a notice under section 59(1) or 60(2) fails to comply with the notice, the planning authority may take such steps as it considers reasonable and necessary to give effect to the terms of the notice including—
(a) entry on land by authorised persons in accordance with section 252, and
(b) the carrying out, or arranging the carrying out, of the works specified in the notice.
Annotations
Modifications (not altering text):
C160
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329, not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Recovery by planning authority of expenses for carrying out works on endangered structures.
70.—A planning authority which serves a notice under section 59(1) in respect of a protected structure may—
(a) recover (whether as a simple contract debt in a court of competent jurisdiction or otherwise), from the owner or occupier, any expenses reasonably incurred by the authority under section 69, including any assistance provided under section 59(2), and
(b) secure those expenses by—
(i) charging the protected structure under the Registration of Title Act, 1964, or
(ii) an instrument vesting any interest in the protected structure in the authority subject to a right of redemption by the owner or occupier.
Annotations
Modifications (not altering text):
C161
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329, not commenced as of date of revision.
Notices under sections 59 and 60 of Act of 2000
329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
(2) A notice under subsection (2) of section 60 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.
Power to acquire protected structure.
71.—(1) A planning authority may acquire, by agreement or compulsorily, any protected structure situated within its functional area if—
(a) it appears to the planning authority that it is necessary to do so for the protection of the structure, and
(b) in the case of a compulsory acquisition, the structure is not lawfully occupied as a dwelling house by any person other than a person employed as a caretaker.
(2) In this section and sections 72 to 77, a reference to a protected structure shall be construed to include a reference to any land which—
(a) forms part of the attendant ground of that structure, and
(b) is, in the planning authority’s opinion, necessary to secure the protection of that structure,
whether or not the land lies within the curtilage of the structure or is specified as a feature in the record of protected structures.
Notice of intention to acquire protected structure compulsorily.
72.—(1) A planning authority intending to acquire any protected structure compulsorily under this Part shall—
(a) publish in one or more newspapers circulating in its functional area a notice—
(i) stating its intention to acquire the protected structure compulsorily under this Part,
(ii) describing the structure to which the notice relates,
(iii) naming the place where a map showing the location of the protected structure is deposited and the times during which it may be inspected, and
(iv) specifying the time within which (not being less than 4 weeks), and the manner in which, objections to the acquisition of the structure may be made to the planning authority,
and
(b) serve on every owner, lessee and occupier (except tenants for one month or a period less than one month) of the structure a notice which complies with paragraph (a).
(2) In this section, “owner”, in relation to a protected structure, means—
(a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the protected structure, and
(b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the protected structure.
Objection to compulsory acquisition of protected structure.
73.—(1) Any person, on whom a notice of the proposed compulsory acquisition of a protected structure has been served under section 72(1)(b), may, within the time and in the manner specified in the notice, submit to the planning authority concerned an objection to the proposed compulsory acquisition referred to in the notice.
(2) A person who has submitted an objection under subsection (1) may withdraw the objection by notice in writing sent to the planning authority concerned.
(3) Where an objection submitted to a planning authority under subsection (1) is not withdrawn, the planning authority shall not acquire the protected structure compulsorily without the consent of the Board.
(4) An application for the Board’s consent to the compulsory acquisition of a protected structure shall be made within 4 weeks after the expiry of the time allowed, under subsection (1), for submitting an objection to that acquisition, and shall be accompanied by the following—
(a) the relevant map,
(b) a copy of the objection made under subsection (1) to the planning authority,
(c) the planning authority’s comments (if any) on the objection, and
(d) such other documents and particulars as may be prescribed.
(5) On receipt of the planning authority’s comments (if any) on the objection, the Board shall, by notice served on the person who made the objection, send a copy of the comments to that person who may, within 3 weeks from the date of the service of the notice, make observations to the Board in relation to the comments.
(6) On application under subsection (4), the Board may, as it thinks fit, grant or refuse to grant consent to the compulsory acquisition of all or part of a protected structure referred to in a notice published under section 72.
Annotations
Editorial Notes:
E239
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), in effect as per reg. 2.
E240
Previous affecting provision: power pursuant to section exercised (1.01.2001) by Planning and Development (No. 2) Regulations 2000 (S.I. No. 457 of 2000), in effect as per reg. 2; revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1, in effect as per reg. 2(1).
Vesting order for protected structures.
74.—(1) After complying with section 73, a planning authority may, by vesting order, acquire a protected structure if—
(a) no objection is submitted to the planning authority under section 73,
(b) any objection submitted under section 73, is subsequently withdrawn, or
(c) the Board consents to the compulsory acquisition of the structure by the planning authority.
(2) Where a planning authority becomes aware, before making a vesting order in respect of a protected structure, that the structure is subject (whether alone or in conjunction with other land) to—
(a) any annuity or other payment to the Minister for Agriculture, Food and Rural Development or to the Commissioners, or
(b) any charge payable to the Revenue Commissioners on the death of any person,
the planning authority shall forthwith inform the Minister for Agriculture, Food and Rural Development, the Commissioners or the Revenue Commissioners, as the case may be, of its intention to make the vesting order.
(3) Within 2 weeks after making a vesting order, a planning authority shall—
(a) publish, in one or more newspapers circulating within its functional area, a notice—
(i) stating that the order has been made,
(ii) describing the protected structure to which it relates, and
(iii) naming a place where a copy of the order and the attached map may be seen during office hours at the offices of the authority,
and
(b) serve on every person appearing to the authority to have an interest in the protected structure to which the order relates, a notice stating that the order has been made and the effect of the order.
Form and effect of vesting order.
75.—(1) A vesting order by which a planning authority acquires a protected structure under this Part shall be in the prescribed form, and shall have attached to it a map showing the location of the protected structure.
(2) A vesting order shall be expressed and shall operate to vest the protected structure to which it relates in the planning authority in fee simple, free from encumbrances and all estates, rights, titles and interests of whatsoever kind on a specified date (in this section referred to as the vesting date) not earlier than 3 weeks after the making of the order.
(3) Notwithstanding subsection (2), where a planning authority has acquired by a vesting order a protected structure which is subject, either alone or in conjunction with other land, to an annual sum payable to the Minister for Agriculture, Food and Rural Development or the Commissioners, the planning authority shall become and be liable, as from the vesting date, for the payment to that Minister or those Commissioners, as the case may be, of—
(a) that annual sum, or
(b) such portion of it as shall be apportioned by the Minister or the Commissioners, as the case may be,
as if the protected structure had been transferred to the authority by the owner on that date.
(4) For the purposes of subsection (3), an “annual sum” means a purchase annuity, a payment in lieu of rent, or any other annual sum that is not merely a rent under a contract of tenancy.
Annotations
Editorial Notes:
E241
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), in effect as per reg. 2.
E242
Previous affecting provision: power pursuant to section exercised (1.01.2001) by Planning and Development (No. 2) Regulations 2000 (S.I. No. 457 of 2000), in effect as per reg. 2; revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1, in effect as per reg. 2(1).
Registration of acquired title and amendment of vesting order.
76.—(1) On making a vesting order in relation to a protected structure, a planning authority shall send the order to the registering authority which, on receipt of the order, shall immediately cause the planning authority to be registered as owner of the land in accordance with the order.
(2) On the application of any person, a planning authority may amend a vesting order made by the authority if—
(a) the authority is satisfied that the vesting order contains an error, whether occasioned by it or otherwise, and
(b) the error may be rectified without injustice to any person.
(3) Where a copy of an order under subsection (2), amending a vesting order, is lodged with the registering authority, that authority shall rectify its register in such manner as may be necessary to make the register conform with the amending order.
Compensation for interest in protected structure.
77.—(1) Any person who, immediately before a vesting order is made, has any estate or interest in, or any right in respect of, the protected structure acquired by the order, may apply to the planning authority within one year (or such other period as the High Court, on application to it, may allow) after the making of the order for compensation in respect of the estate, interest or right.
(2) On application under subsection (1), the planning authority shall, subject to subsection (4), pay to the applicant by way of compensation an amount equal to the value (if any) of the estate, interest or right.
(3) The compensation to be paid by the planning authority under this section in relation to any estate, interest or right in respect of the protected structure shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
(4) Where, after a planning authority makes a vesting order in relation to a protected structure, any sum (including a sum for costs) remains due to the authority by any person under an order of a court for payment of an amount due (whether under this Act or any other Act, or whether remaining due after deducting expenses reasonably incurred by the authority under this Act in relation to the structure), the amount of any compensation payable to that person under this section shall be reduced by the amount of that sum.
(5) Section 69 to 79 of the Lands Clauses Consolidation Act, 1845, as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890, or any other Act, shall apply in relation to compensation to be paid by a planning authority under this section as if such compensation were a price or compensation under that Act as so amended.
(6) Where money is paid into court by the planning authority under section 69 of the Lands Clauses Consolidation Act, 1845, as applied by this section, no costs shall be payable by that authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such money.
Use of protected structure acquired by planning authority.
78.—A planning authority may—
(a) use a protected structure acquired by it under this Act or any other enactment for any purpose connected with its functions, or
(b) sell, let, transfer or exchange all or any part of that protected structure,
and in so doing shall have regard to its protected status.
Annotations
Modifications (not altering text):
C162
References to “Sanitary Authority” construed (1.01.2014) as “Irish Water” 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.
...
Obligations of sanitary authorities in respect of protected structures.
79.—(1) Before issuing a notice under section 3(1) of the Local Government (Sanitary Services) Act, 1964, in respect of a protected structure or a proposed protected structure, a sanitary authority shall consider—
(a) the protected status of the structure, and
(b) whether, instead of a notice under section 3(1) of that Act, a notice should be issued under section 59(1) or section 11 of the Derelict Sites Act, 1990.
(2) As soon as practicable after serving or proposing to serve a notice in accordance with section 3(1) of the Local Government (Sanitary Services) Act, 1964, in respect of a protected structure or a proposed protected structure, a sanitary authority shall inform the Minister for Arts, Heritage, Gaeltacht and the Islands of the particulars of the notice if he or she recommended that the structure be protected.
(3) A sanitary authority which carries out works on a protected structure, or a proposed protected structure, under section 3(2) of the Local Government (Sanitary Services) Act, 1964, shall as far as possible preserve that structure (or elements of that structure which may be of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest), in as much as the preservation of that structure is not likely to cause a danger to any person or property.
(4) When carrying out works in accordance with section 3(2) of the Local Government (Sanitary Services) Act, 1964, on a protected structure or a proposed protected structure, a sanitary authority shall, as soon as practicable, inform the Minister for Arts, Heritage, Gaeltacht and the Islands of the works if he or she recommended that the structure be protected.
Annotations
Modifications (not altering text):
C163
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.
...
Grants to planning authorities in respect of functions under this Part.
80.—With the consent of the Minister for Finance, the Minister may, out of moneys provided by the Oireachtas, make grants to planning authorities in respect of any or all of their functions under this Part, including grants for the purpose of defraying all or part of the expenditure incurred by them in—
(a) assisting persons on whom notice is served under section 59(1) or 60(2) in carrying out works in accordance with the notice, and
(b) assisting any other person in carrying out works to protected structures in accordance with such conditions as may be specified by a planning authority for the receipt of such assistance.
Annotations
Modifications (not altering text):
C164
Functions under section transferred and references construed (24.06.2021) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Housing, Local Government and Heritage.
(2) References to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Local Government and Heritage.
3. (1) The functions vested in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media–
(a) by or under any of the provisions of the Acts specified in Part 1 of the Schedule,
(b) under the Regulations specified in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Housing, Local Government and Heritage.
(2) References to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Housing, Local Government and Heritage.
...
SCHEDULE
Part 1
...
Sections 5(8), 52(2), 53, 55 and 80 of the Planning and Development Act 2000 (No. 30 of 2000)
...
C165
Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
Schedule 1 Enactments
... |
||
No. 30 of 2000 |
Planning and Development Act 2000 |
Sections 80, 116, 117, 120(2) and 181 |
... |
C166
Functions in relation to section transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch. Note that name of Department of and Minister for Tourism, Culture and Sport changed to Department of and Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).
2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.
(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.
3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—
(a) by or under any of the Acts mentioned in Part 1 of the Schedule,
(b) under the Regulations mentioned in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12 (3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Tourism, Culture and Sport.
(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.
...
Schedule Part 1
Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53, 55, 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).
Part 2
Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
...
Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001);
...
Chapter II
Architectural Conservation Areas and Areas of Special Planning Control
Architectural conservation areas.
81.—(1) A development plan shall include an objective to preserve the character of a place, area, group of structures or townscape, taking account of building lines and heights, that—
(a) is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value, or
(b) contributes to the appreciation of protected structures,
if the planning authority is of the opinion that its inclusion is necessary for the preservation of the character of the place, area, group of structures or townscape concerned and any such place, area, group of structures or townscape shall be known as and is in this Act referred to as an “architectural conservation area”.
(2) Where a development plan includes an objective referred to in subsection (1), any development plan that replaces the first-mentioned development plan shall, subject to any variation thereof under section 13, also include that objective.
Development in architectural conservation areas.
82.—(1) F487[Notwithstanding paragraph (a), (h), (i), (ia), (j), (k) or (l) of section 4(1), or any regulations made under section 4(2),] the carrying out of works to the exterior of a structure located in an architectural conservation area shall be exempted development only if those works would not materially affect the character of the area.
(2) In considering an application for permission for development in relation to land situated in an architectural conservation area, a planning authority, or the Board on appeal, shall take into account the material effect (if any) that the proposed development would be likely to have on the character of the architectural conservation area.
Annotations
Amendments:
F487
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 23, S.I. No. 474 of 2011, subject to transitional provision in subs. (2).
Editorial Notes:
E243
Previous affecting provision: subs. (1) amended by Planning and Development (Amendment) Act 2010 (30/2010), s. 35, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
Power to acquire structure or other land in architectural conservation area.
83.—(1) A planning authority may acquire, by agreement or compulsorily, any land situated within an architectural conservation area if the planning authority is of the opinion—
(a) that it is necessary to so do in order to preserve the character of the architectural conservation area, and
(b) (i) the condition of the land, or the use to which the land or any structure on the land is being put, detracts, or is likely to detract, to a material degree from the character or appearance of the architectural conservation area, or
(ii) the acquisition of the land is necessary for the development or renewal of the architectural conservation area or for the provision of amenities in the area.
(2) A planning authority shall not compulsorily acquire any land under subsection (1) that is lawfully occupied as a dwelling house by any person other than a person employed therein as a caretaker.
(3) Sections 71(2) to 78 of this Act shall, subject to any necessary modifications, apply to acquisitions under subsection (1) and references in those provisions to a protected structure shall, for the purposes of this section, be construed as references to a structure or other land situated within an architectural conservation area.
Area of special planning control.
84.—(1) A planning authority may, if it considers that all or part of an architectural conservation area is of special importance to, or as respects, the civic life or the architectural, historical, cultural or social character of a city or town in which it is situated, prepare a scheme setting out development objectives for the preservation and enhancement of that area, or part of that area, and providing for matters connected therewith.
(2) Without prejudice to the generality of subsection (1), a scheme prepared under that subsection may include objectives (and provisions for the furtherance or attainment of those objectives) for—
(a) the promotion of a high standard of civic amenity and civic design;
(b) the preservation and protection of the environment, including the architectural, archaeological and natural heritage;
(c) the renewal, preservation, conservation, restoration, development or redevelopment of the streetscape, layout and building pattern, including the co-ordination and upgrading of shop frontages;
(d) the control of the layout of areas, density, building lines and height of structures and the treatment of spaces around and between structures;
(e) the control of the design, colour and materials of structures, in particular the type or quality of building materials used in structures;
(f) the promotion of the maintenance, repair or cleaning of structures;
(g) the promotion of an appropriate mix of uses of structures or other land;
(h) the control of any new or existing uses of structures or other land;
(i) the promotion of the development or redevelopment of derelict sites or vacant sites; or
(j) the regulation, restriction or control of the erection of advertisement structures and the exhibition of advertisements.
(3) A scheme prepared under subsection (1) shall be in writing and shall be consistent with the objectives of the relevant development plan and any local area plan or integrated area plan (within the meaning of the Urban Renewal Act, 1998) in force relating to the area to which the scheme relates.
(4) (a) A scheme prepared under subsection (1) shall indicate the period for which the scheme is to remain in force.
(b) A scheme may indicate the order in which it is proposed that the objectives of the scheme or provisions for their furtherance or attainment will be implemented.
(5) A scheme shall contain information, including information of such class or classes as may be prescribed by the Minister, on the likely significant effects on the environment of implementing the scheme.
F488[(6) In this section, and sections 85 and 86—
"city" means—
(a) the administrative area of a city council,
(b) a municipal district that includes the area of a city to which subsection (6) of section 10 (inserted by the Local Government Reform Act 2014) of the Local Government Act 2001 relates;
"municipal district" has the meaning given to it by section 22A (inserted by the Local Government Reform Act 2014) of the Local Government Act 2001;
"town" means a municipal district with a population in excess of 2,000 that is not a municipal district to which paragraph (b) of the definition of "city" relates.]
Annotations
Amendments:
F488
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 79, S.I. No. 214 of 2014.
Modifications (not altering text):
C167
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 345, not commenced as of date of revision.
Draft scheme under section 84 of Act of 2000
345.—A scheme prepared under section 84 of the Act of 2000 in respect of which there has been compliance with any one or more of the provisions of section 85 (other than subsection (7)) of that Act before the repeal of those sections by section 6 shall be deemed to be a draft special planning control scheme within the meaning of Chapter 2 of Part 10.
Special planning control scheme.
85.—(1) Subsection (2), (3), (4), (5) and (6) shall, upon the passing of a resolution by the planning authority concerned, be complied with in relation to the scheme specified in the resolution.
(2) The planning authority shall, as soon as may be after the passing of a resolution under subsection (1)—
(a) notify in writing the Minister, the Board and such other persons as may be prescribed, of the preparation of the scheme,
(b) send copies of the scheme to each of the persons referred to in paragraph (a), and
(c) publish a notice of the preparation of the scheme in one or more newspapers circulating in the city or town concerned.
(3) A notice under subsection (2) shall—
(a) indicate the place or places at which, and the period (being not less than 8 weeks) during and times at which, a copy of the scheme may be inspected (and a copy of the scheme shall be kept available for inspection accordingly), and
(b) invite submissions or observations in relation to the scheme within such period (being not less than 8 weeks) as is specified in the notice.
(4) (a) Where the scheme prepared under subsection (1) includes an objective or provision relating to—
(i) the co-ordination, upgrading or changing of specified shop frontages,
(ii) the control of the layout of specified areas, the density, building lines and height of specified structures and the treatment of spaces around and between specified structures,
(iii) the control of the design, colour and materials of specified structures,
(iv) the promotion of the maintenance, repair or cleaning of specified structures,
(v) the control of the use or uses of any specified structure or other land in the area,
(vi) the discontinuance of the existing use of any specified structure or other land,
(vii) the development or redevelopment of specified derelict or vacant sites, or
(viii) the control of specified advertisement structures or of the exhibition of specified advertisements,
the planning authority shall, as soon as may be after the making of a resolution under subsection (1), notify in writing each person who is the owner or occupier of land thereby affected, of the objective or provision concerned.
(b) A notice under paragraph (a) shall refer to the land concerned and shall—
(i) specify the measures that are required to be undertaken in respect of the structure or other land to ensure compliance with the proposed objective or objectives,
(ii) indicate the place or places at which, and the period (being not less than 8 weeks) during and times at which, a copy of the scheme may be inspected (and the copy shall be kept available for inspection accordingly), and
(iii) invite submissions or observations in relation to the proposed objective or provision within such period (being not less than 8 weeks) as is specified in the notice.
(5) (a) Not later than 12 weeks after giving notice under subsection (2) and, where appropriate, a notification under subsection (4), whichever occurs later, the F489[chief executive] of a planning authority shall prepare a report on any submissions or observations received in relation to a scheme prepared under subsection (1) and shall submit the report to the members of the authority for their consideration.
(b) A report under paragraph (a) shall—
(i) list the persons who made submissions or observations in relation to the scheme,
(ii) give a summary of the matters raised in those submissions or observations, and
(iii) include the response of the F489[chief executive] to the submissions or observations.
(6) In responding to submissions or observations made in relation to a scheme prepared under subsection (1), the F489[chief executive] of a planning authority shall take account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives of the Government or of any Minister of the Government.
(7) A planning authority may, after considering a scheme prepared under subsection (1) and the report of the F489[chief executive] under subsection (5), by resolution, approve the scheme with or without modifications, or refuse to so approve, and a scheme so approved shall be known as and is referred to in this Part as an “approved scheme”.
(8) An architectural conservation area, or that part of an architectural conservation area, to which a scheme approved by a planning authority under subsection (7) applies shall be known as and is referred to in this Act as an “area of special planning control”.
(9) (a) Where a planning authority approves a scheme under subsection (7), it shall publish a notice thereof in one or more newspapers circulating in the city or town concerned.
(b) A notice under paragraph (a) shall indicate the place or places at which, and times during which, an approved scheme may be inspected (and a copy thereof shall be kept available for inspection accordingly).
(c) A planning authority shall send a copy of the scheme to the Minister, the Board and such other persons as may be prescribed.
Annotations
Amendments:
F489
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 55-57, S.I. No. 436 of 2018.
Modifications (not altering text):
C168
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 344, not commenced as of date of revision.
Scheme under section 85 of Act of 2000
344.—A scheme approved under section 85 of the Act of 2000 in operation immediately before the repeal of that section by section 6, shall—
(a) continue to apply and have effect on and after such repeal, and
(b) be deemed to be a special planning control scheme,
and accordingly references in this Act to area of special planning control shall be construed as including an architectural conservation area, or part of an architectural conservation area, to which that scheme applies.
Editorial Notes:
E244
Approving, amending or revoking a special planning control scheme 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 item 14 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E245
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).
E246
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Variation and review of scheme.
86.—(1) A planning authority shall, from time to time as circumstances require and in any case not later than 6 years after—
(a) its approval under section 85(7), or
(b) it has most recently been reviewed,
review an approved scheme and may by resolution, amend or revoke the scheme.
(2) Where a planning authority proposes to amend an approved scheme under this section, section 85 shall, subject to any necessary modifications, apply as respects any such amendment.
(3) Notice of the revocation of an approved scheme under this section shall be given in one or more newspapers circulating in the city or town concerned.
(4) The amendment or revocation of an approved scheme shall be without prejudice to the validity of anything previously done thereunder.
Annotations
Editorial Notes:
E247
Approving, amending or revoking a special planning control scheme 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 item 14 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
Development in special planning control area.
87.—(1) F490[Notwithstanding paragraph (a), (h), (i), (ia), (j), (k) or (l) of section 4(1), or any regulations made under section 4(2),] any development within an area of special planning control shall not be exempted development where it contravenes an approved scheme applying to that area.
(2) When considering an application for permission in relation to land situated in an area of special planning control, a planning authority, or the Board on appeal, shall, in addition to the matters set out in section 34, have regard to the provisions of an approved scheme.
(3) An owner or occupier of land situated in an area of special planning control may make a written request to the planning authority, within whose functional area the area of special planning control is situated, for a declaration as to—
(a) those developments or classes of development that it considers would be contrary or would not be contrary, as the case may be, to the approved scheme concerned,
(b) the objectives or provisions of the approved scheme that apply to the land, or
(c) the measures that will be required to be undertaken in respect of the land to ensure compliance with such objectives or provisions.
(4) Within 12 weeks of receipt by a planning authority of a request under subsection (3), or within such other period as may be prescribed by regulations of the Minister, a planning authority shall issue a declaration under this section to the person who made the request.
(5) A planning authority may at any time rescind or vary a declaration under this section.
(6) The rescission or variation of a declaration under subsection (5) shall not affect any development commenced prior thereto in reliance on the declaration concerned and that the planning authority has indicated, in accordance with paragraph (a) of subsection (3), would not be contrary to an approved scheme.
(7) A declaration under this section is without prejudice to the application of section 5.
(8) A planning authority shall cause—
(a) the particulars of any declaration issued by that authority under this section to be entered on the register kept by the authority under section 7, and
(b) a copy of the declaration to be made available for inspection by members of the public during office hours, at the principal office of the authority, following the issue of the declaration.
Annotations
Amendments:
F490
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 24, S.I. No. 474 of 2011, subject to transitional provision in subs. (2).
Editorial Notes:
E248
Previous affecting provision: subs. (1) amended by Planning and Development (Amendment) Act 2010 (30/2010), s. 36, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
Service of notice relating to structures or other land in an area of special planning control.
88.—(1) A planning authority may serve a notice that complies with subsection (2) on each person who is the owner or occupier of land to which an objective or provision of an approved scheme applies.
(2) A notice under subsection (1) shall—
(a) refer to the structure or land concerned,
(b) specify the date on which the notice shall come into force,
(c) specify the measures required to be undertaken on the coming into force of the notice including, as appropriate, measures for—
(i) the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning of any structure, or
(ii) the discontinuance of any use or the continuance of any use subject to conditions,
(d) invite the person on whom the notice is served, within such period as is specified in the notice (being not less than 8 weeks from the date of service of the notice) to make written representations to the planning authority concerning the notice,
(e) invite the person to enter into discussions with the planning authority, within such period as is specified in the notice (being not less than 8 weeks from the date of service of the notice) concerning the matters to which the notice refers and in particular concerning—
(i) the period within which the measures specified in the notice are to be carried out, and
(ii) the provision by the planning authority of advice, materials, equipment, the services of the authority’s staff or other assistance required to carry out the measures specified in the notice,
(f) specify the period within which, unless otherwise agreed in the discussions entered into pursuant to an invitation in the notice in accordance with paragraph (e), the measures specified in the notice shall be carried out, being a period of not less than 8 weeks from the date of the coming into force of the notice,
(g) state that the planning authority shall pay any expenses that are reasonably incurred by that person in carrying out the steps specified in the notice, other than expenses that relate to unauthorised development carried out not more than 7 years prior to the service of the notice, and
(h) state that the planning authority shall, by way of compensation, pay, to any person who shows that as a result of complying with the notice—
(i) the value of an interest he or she has in the land or part thereof existing at the time of the notice has been reduced, or
(ii) he or she, having an interest in the land at that time, has suffered damage by being disturbed in his or her enjoyment of the structure or other land,
a sum equal to the amount of such reduction in value or a sum in respect of the damage suffered.
(3) If the invitation in a notice in accordance with subsection (2)(d) to enter into discussions is accepted, the planning authority shall take all such measures as may be necessary to enable the discussions concerned to take place.
(4) After considering any representations made and any discussions held pursuant to invitations in a notice under subsection (2), the planning authority may confirm, amend or revoke the notice and shall notify in writing the person to whom the notice is addressed.
(5) Any person served with a notice under subsection (1) may, within 8 weeks from the date of notification of the confirmation or amendment of the notice under subsection (4), appeal to the Board against the notice.
(6) Where an appeal is brought under subsection (5) against a notice, the Board may, after taking into account—
(a) the proper planning and sustainable development of the area,
(b) the provisions of the development plan for the area,
(c) any local area plan or integrated area plan (within the meaning of the Urban Renewal Act, 1998) in force relating to the area to which the scheme relates, and
(d) the provisions of the approved scheme concerned,
confirm with or without modification, or annul, the notice.
(7) A notice served by a planning authority under subsection (1) may, for stated reasons, by notice in writing, be withdrawn.
(8) A notice under this section (other than a notice that has been withdrawn) shall not come into force—
(a) until the expiry of any period within which an appeal against the notice may be brought, or
(b) where an appeal is taken against the notice, when the appeal has been withdrawn or decided,
as may be appropriate.
Annotations
Modifications (not altering text):
C169
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 339(10), not commenced as of date of revision.
Notice relating to structures or other land in area of special planning control
339.— …
(10) A notice under section 88 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall continue in force on and after such repeal and be deemed to be a notice served under this section.
Implementation of the notice under section 88.
89.—If, within 8 weeks from the date of the coming into force of the notice or such longer period as may be agreed by the planning authority and the person to whom the notice is addressed, the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning required by the notice has not been effected, the planning authority may, subject to section 252, enter the structure or land and may effect such restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning as is specified in the notice.
Court may compel compliance with notice under section 88.
90.—(1) Where a person served with a notice under section 88 fails to comply with a requirement of the notice, or causes or permits a person to fail to comply with such a requirement, the High Court or the Circuit Court may, on the application of the planning authority, order any person to comply with the notice or to do, or refrain from doing or continuing to do, anything that the Court considers necessary or expedient to ensure compliance with the terms of the said notice.
(2) An order under subsection (1) may, without prejudice to that subsection, require such person as is specified in the order to carry out any works, including the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning of any structure or other feature, or the discontinuance of any use, or continuance thereof subject to such conditions as are specified in the order.
(3) (a) An application to the High Court or the Circuit Court for an order under subsection (1) shall be by motion and the Court when considering the matter may make such interim or interlocutory order, if any, as it considers appropriate.
(b) The order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.
(4) Rules of Court made in respect of section 27 of the Act of 1976 (inserted by section 19 of the Act of 1992) shall apply with any necessary modifications to an application under this section.
(5) (a) An application under subsection (1) to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land the subject of the application is situated.
(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the F491[market value] of the land the subject of the application does not exceed F491[€3,000,000].
(c) Where the F491[market value] of any land the subject of the application under this section exceeds F491[€3,000,000], the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by order of the High Court.
F492[(d) In this subsection "market value" means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]
Annotations
Amendments:
F491
Substituted (11.01.2017) by Civil Liability and Courts Act 2004 (31/2004), s. 53(1)(a), S.I. No. 2 of 2017.
F492
Inserted (11.01.2017) by Civil Liability and Courts Act 2004 (31/2004), s. 53(1)(b), S.I. No. 2 of 2017.
Offence to fail to comply with notice under section 88.
91.—Where a person served with a notice under section 88 fails to comply with a requirement of the notice, or causes or permits a person to fail to comply with such a requirement, he or she shall be guilty of an offence.
Permission not required for any development required under this Chapter.
92.—Notwithstanding Part III, permission shall not be required in respect of a development required by a notice under section 88 or an order under section 90.
PART V
Housing Supply
Annotations
Modifications (not altering text):
C170
Application of Part extended (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 5(2)(b), S.I. No. 270 of 2017.
Request for consultations before making application under section 4
5. ...
(2) ...
(b) those consultations shall have regard to so much of Part V of the Act of 2000 as would be relevant to the proposed strategic housing development.
...
Editorial Notes:
E249
Arrangements in relation to the purchase of affordable dwellings provided for (18.06.2018 in part) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), Part 5 (ss. 78-96), S.I. No. 206 of 2018.
E250
Arrangements in relation to the purchase of houses by tenants provided for (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), ss. 21-34, S.I. No. 482 of 2015.
Interpretation.
93.—(1) In this Part—
F493["cost rental housing" means housing comprising cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021;]
F494["housing strategy" means a strategy included in a development plan in accordance with section 94(1);
F495["market value"—
(a) in relation to a house, means the price which the unencumbered fee simple of the house would fetch if sold on the open market, and
(b) in relation to land in respect of which planning permission is granted, means the price which the unencumbered fee simple of the land would have fetched if it had been sold on the open market on the date of the grant of planning permission;]
“mortgage” means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house.]
(2) F496[…]
(3) F496[…]
(4) For the avoidance of doubt, it is hereby declared that, in respect of any planning application or appeal, compliance with the housing strategy and any related objective in the development plan shall be a consideration material to the proper planning and sustainable development of the area.
Annotations
Amendments:
F493
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 43(a), S.I. No. 450 of 2021.
F494
Substituted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 1(a), S.I. No. 350 of 2018.
F495
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 43(b), S.I. No. 450 of 2021.
F496
Deleted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 1(b), S.I. No. 350 of 2018.
Editorial Notes:
E251
Previous affecting provision: definition of “housing strategy” deleted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 37, S.I. No. 405 of 2010; substituted as per F-note above.
Housing strategies.
94.—(1) (a) Each planning authority shall include in any development plan it makes in accordance with section 12 a strategy for the purpose of ensuring that the proper planning and sustainable development of the area of the development plan provides for the housing of the existing and future population of the area in the manner set out in the strategy.
(b) (i) Subject to subparagraph (ii), any development plan made by a planning authority after the commencement of this section shall include a housing strategy in respect of the area of the development plan.
(ii) Where before the commencement of this section a planning authority has given notice under section 21A(2) (inserted by the Act of 1976) of the Act of 1963 of a proposed amendment of a draft development plan, it may proceed in accordance with section 266 without complying with subparagraph (i), but where a development plan is so made, the planning authority shall take such actions as are necessary to ensure that, as soon as possible and in any event within a period of 9 months from the commencement of this section, a housing strategy is prepared in respect of the area of the development plan and the procedures under section 13 are commenced to vary the development plan in order to insert the strategy in the plan and to make such other changes as are necessary arising from the insertion of the strategy in the plan pursuant to this Part.
(c) A planning authority shall take such actions as are necessary to ensure that, as soon as possible and in any event within a period of 9 months from the commencement of this section, a housing strategy is prepared in respect of the area of the development plan and the procedures under section 13 are commenced to vary the development plan in order to insert the strategy in the plan and to make such other changes as are necessary arising from the insertion of the strategy in the plan pursuant to this Part.
(d) A housing strategy shall relate to the period of the development plan or, in the case of a strategy prepared under paragraph (b)(ii) or paragraph (c), to the remaining period of the existing development plan.
(e) A housing strategy under this section may, or pursuant to the direction of the Minister shall, be prepared jointly by 2 or more planning authorities in respect of the combined area of their development plans and such a joint strategy shall be included in any development plan that relates to the whole or any part of the area covered by the strategy and the provisions of this Part shall apply accordingly.
F497[(2) In preparing a housing strategy, a planning authority shall—
(a) have regard to the most recent summary of social housing assessments prepared under section 21(a) of the Housing (Miscellaneous Provisions) Act 2009 that relate to the area of the development plan,
(b) consult with any body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 in its functional area, and
(c) have regard to relevant policies or objectives for the time being of the Government or any Minister of the Government that relate to housing and, in particular, social integration in the provision of housing services.]
(3) A housing strategy shall take into account—
(a) the existing need and the likely future need for housing to which subsection (4)(a) applies,
(b) the need to ensure that housing is available for persons who have different levels of income,
(c) the need to ensure that a mixture of house types and sizes is developed to reasonably match the requirements of the different categories of households, as may be determined by the planning authority, and including the special requirements of elderly persons and persons with disabilities, F498[…]
(d) the need to counteract undue segregation in housing between persons of different social backgrounds F499[, and]
F500[(e) the existing need and the likely future need for housing, in particular houses and duplexes, for purchase by intending owner-occupiers.]
(4) (a) A housing strategy shall include an estimate of the amount of—
F501[(i) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, F502[…]]
F504[(ii) housing for eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021, and]
F505[(iii) cost rental housing,]
required in the area of the development plan during the period of the development plan and the estimate may state the different requirements for different areas within the area of the development plan.
(b) F506[…]
F504[(c) Subject to paragraph (d), a housing strategy shall provide that as a general policy a specified percentage, not being more than 20 per cent, of—
(i) the land zoned for residential use, or for a mixture of residential and other uses, and
(ii) any land which is not zoned for residential use, or for a mixture of residential and other uses, but in respect of which permission for the development of houses is granted,
shall be reserved under this Part for the provision of housing for the purposes of one or more of subparagraphs (i), (ii) and (iii) of paragraph (a).]
F504[(d) Paragraph (c) shall not operate to prevent any person (including a local authority) from using more than 20 per cent of land in respect of which permission for the development of houses is granted for the provision of housing to which paragraph (a) applies.]
(5) (a) When making an estimate under subsection (4)(a)(ii), the planning authority shall have regard to the following:
(i) the supply of and demand for houses generally, or houses of a particular class or classes, in the whole or part of the area of the development plan;
(ii) the price of houses generally, or houses of a particular class or classes, in the whole or part of the area of the development plan;
(iii) the income of persons generally or of a particular class or classes of person who require houses in the area of the development plan;
(iv) the rates of interest on mortgages for house purchase;
(v) the relationship between the price of housing under subparagraph (ii), incomes under subparagraph (iii) and rates of interest under subparagraph (iv) for the purpose of establishing the affordability of houses in the area of the development plan;
F507[(va) F508[…]]
(vi) such other matters as the planning authority considers appropriate or as may be prescribed for the purposes of this subsection.
(b) Regulations made for the purposes of this subsection shall not affect any housing strategy or the objectives of any development plan made before those regulations come into operation.
F509[(6) (a) When making an estimate under subsection (4)(a)(iii), the planning authority shall have regard to the following:
(i) the supply of and demand for houses for rent in the whole or part of the area of the development plan;
(ii) the cost of rents applicable to houses generally, or to houses of a particular class or classes, in the whole or part of the area of the development plan;
(iii) the income of persons generally, or of a particular class or classes of person, who require houses for rent in the area of the development plan;
(iv) the relationship between the cost of rents referred to in subparagraph (ii) and incomes referred to in subparagraph (iii) for the purpose of establishing the affordability of housing for rent in the area of the development plan;
(v) such other matters as the planning authority considers appropriate or as may be prescribed for the purposes of this subsection.
(b) Regulations made for the purposes of this subsection shall not affect any housing strategy or the objectives of any development plan made before those regulations come into operation.
(7) Where on the date on which this subsection comes into operation a development plan includes a housing strategy—
(a) the chief executive of the planning authority shall, for the purpose of the performance by a planning authority of its functions under this Part, make an estimate of the amount of housing referred to in subparagraphs (ii) and (iii) of subsection (4)(a) required in the area of the development plan during the period of the development plan,
(b) such estimate may state the different requirements for housing for different areas within the area of the development plan, and
(c) such estimate shall be deemed to be included in the housing strategy concerned.]
F500[(8) Where on the date on which this subsection comes into operation a development plan includes a housing strategy—
(a) the chief executive of the planning authority shall, for the purpose of the performance by a planning authority of its functions under this Part, make an estimate of the amount of housing referred to in subsection (3)(e) required in the area of the development plan during the period of the development plan,
(b) such estimate may state the different requirements for housing for different areas within the area of the development plan, and
(c) such estimate shall be deemed to be included in the housing strategy concerned.]
Annotations
Amendments:
F497
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 31, S.I. No. 364 of 2015.
F498
Deleted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(a)(i)(I), S.I. No. 715 of 2021.
F499
Substituted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(a)(i)(II), S.I. No. 715 of 2021.
F500
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(a)(i)(III), (ii), S.I. No. 715 of 2021.
F501
Substituted (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2, part 7, item no. 2(a) and (b)(i), S.I. No. 83 of 2011.
F502
Deleted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(a)(i)(I), (b), S.I. No. 450 of 2021.
F503
Substituted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 2(b)(i), S.I. No. 350 of 2018.
F504
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(a)(i)(II), (ii), (iii), S.I. No. 450 of 2021.
F505
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(a)(i)(III), S.I. No. 450 of 2021.
F506
Deleted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 2(b)(ii), S.I. No. 350 of 2018.
F507
Inserted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item no. 2(c), S.I. No. 350 of 2018.
F508
Deleted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(b), S.I. No. 450 of 2021.
F509
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(c), S.I. No. 450 of 2021.
Editorial Notes:
E252
Previous affecting provision: subs. (4)(a)(ii) subsituted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 2(b)(i), S.I. No. 350 of 2018; substituted as per F-note above.
E253
Previous affecting provision: subs. (4)(c), (d) amended (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 31, S.I. No. 364 of 2015; substituted as per F-note above.
E254
Previous affecting provision: subs. (2) amended (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2, part 7 item no. 2(a), S.I. No. 83 of 2011; substituted as per F-note above.
Housing strategies and development plans.
95.—(1) (a) In conjunction with the inclusion of the housing strategy in its development plan, a planning authority shall F510[, having regard to the overall strategy for the proper planning and sustainable development of the area of the development plan referred to in section 10,] ensure that sufficient and suitable land is zoned for residential use, or for a mixture of residential and other uses, to meet the requirements of the housing strategy and to ensure that a scarcity of such land does not occur at any time during the period of the development plan.
(b) A planning authority shall include objectives in the development plan in order to secure the implementation of the housing strategy, in particular, any of the matters referred to in section 94(3), including objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses, be made available for the provision of housing referred to in F511[section 94(3)(e) and] section 94(4)(a).
(c) Specific objectives as referred to in paragraph (b) may be indicated in respect of each area zoned for residential use, or for a mixture of residential and other uses, and, where required by local circumstances relating to the amount of housing required as estimated in the housing strategy under section 94(4)(a), different specific objectives may be indicated in respect of different areas, subject to the specified percentage referred to in section 94(4)(c) not being exceeded.
(d) In order to counteract undue segregation in housing between persons of different social backgrounds, the planning authority may indicate in respect of any particular area referred to in paragraph (c) that there is no requirement for housing referred to in section 94(4)(a) in respect of that area, or that a lower percentage than that specified in the housing strategy may instead be required.
F512[(2) Nothing in subsection (1) or section 96 shall prevent any land being developed exclusively for housing referred to in section 94(4)(a)(i) or (ii).]
(3) (a) The report of the F513[chief executive] under section 15(2) shall include a review of the progress achieved in implementing the housing strategy and, where the report indicates that new or revised housing needs have been identified, the F513[chief executive] may recommend that the housing strategy be adjusted and the development plan be varied accordingly.
(b) The F513[chief executive] of a planning authority shall, where he or she considers that there has been a change in the housing market, or in the regulations made by the Minister under section 100, that significantly affects the housing strategy, give a report on the matter to the members of the authority and, where he or she considers it necessary, the F513[chief executive] may recommend that the housing strategy be adjusted and the development plan be varied accordingly.
Annotations
Amendments:
F510
Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 32, S.I. No. 364 of 2015.
F511
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(b), S.I. No. 715 of 2021.
F512
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 45, S.I. No. 450 of 2021.
F513
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 58, S.I. No. 436 of 2018.
Editorial Notes:
E255
Variation of housing services plan in context of adjustment of a housing strategy pursuant to subs. (3) provided for by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 17(1), not commenced as of date of revision.
F514[Provision of social and affordable housing, etc.
96.—(1) Subject to subsection (13) and section 97, F515[the provisions of this section shall apply to an application for permission for the development of houses on land], or where an application relates to a mixture of developments, to that part of the application which relates to the development of houses on such land, in addition to the provisions of section 34 F516[and, where applicable, Part 9 of the Land Development Agency Act 2021].
(2) A planning authority, or the Board on appeal, shall require as a condition of a grant of permission that the applicant, or any other person with an interest in the land to which the application relates, F517[prior to the lodgement of a commencement notice within the meaning of Part II of the Building Control Regulations 1997,] enter into an agreement under this section with the planning authority, providing, in accordance with this section, for the matters referred to in paragraph (a) or (b) of subsection (3).
(3) F515[(a) Subject to paragraphs (b) and (j), an agreement under this section shall provide for the transfer to the planning authority of the ownership of 20 per cent of the land that is subject to the application for permission for the provision of housing referred to in section 94(4)(a).]
(b) Instead of the transfer of land referred to in paragraph (a) and subject to paragraph (c) and the other provisions of this section, an agreement under this section may provide for—
(i) the building and transfer, on completion, to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part, of houses on the land which is subject to the application for permission of such number and description as may be specified in the agreement,
(ii) F518[…]
(iii) F518[…]
F519[(iv) the transfer to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part, of houses on any other land within the functional area of the planning authority of such number and description as may be specified in the agreement,]
F517[(iva) the grant to the planning authority F520[, or persons nominated by the authority in accordance with this Part,] of a lease under the Housing Acts 1966 to 2014 of houses on the land which is subject to the application for permission, or on any other land within the functional area of the planning authority, of such number and description as may be specified in the agreement,]
(v) F518[…]
(vi) F518[…]
(vii) a combination of a transfer of land referred to in paragraph (a) (but involving a lesser amount of such land than if the agreement solely provided for a transfer under that paragraph) and the doing of one or more of the things referred to in the preceding subparagraphs,
F521[(viii) a combination of the doing of 2 or more of the things referred to in subparagraphs (i) to (iva),]
F521[but, subject, in every case, to the provision that is made under this paragraph resulting in the aggregate of the net monetary value of the property transferred, or the reduction in rent payable over the term of a lease referred to in F515[subparagraph (iva)] (excluding any reduction for maintenance, management and void periods specified in such lease), by virtue of the agreement being equivalent to the net monetary value, that is to say, the open market value less the existing use value, of the land that the planning authority would receive if the agreement solely provided for a transfer of land under paragraph (a).]
F520[(bb) Where property is transferred to a planning authority under paragraph (a) or (b) or there is a reduction in rent payable over the term of a lease referred to in paragraph (b)(iva) (excluding any reduction for maintenance, management and void periods specified in such lease), the planning authority shall use at least half of the aggregate of the net monetary value of that property and of any reduction in rent calculated in accordance with paragraph (b) for the provision of housing referred to in section 94(4)(a)(i).]
(c) In considering whether to enter into an agreement under paragraph (b), the planning authority shall consider each of the following:
(i) whether such an agreement will contribute effectively and efficiently to the achievement of the objectives of the housing strategy;
(ii) whether such an agreement will constitute the best use of the resources available to it to ensure an adequate supply of housing and any financial implications of the agreement for its functions as a housing authority;
(iii) the need to counteract undue segregation in housing between persons of different social background in the area of the authority;
(iv) whether such an agreement is in accordance with the provisions of the development plan;
(v) the time within which housing referred to in section 94(4)(a) is likely to be provided as a consequence of the agreement.
F521[(d) Where houses are to be transferred to the planning authority F520[or persons nominated by the authority] in accordance with an agreement under paragraph (b), the price of such houses shall be determined on the basis of—
(i) the site cost of the houses (calculated in accordance with subsection (6)), and
(ii) the costs, including normal construction and development costs and profit on those costs, calculated at open market rates that would have been incurred by the planning authority had it retained an independent builder to undertake the works, including the appropriate share of any common development works, as agreed between the authority and the developer.]
(e) Where an agreement under this section provides for the transfer of F521[land or houses], F521[the houses] or the land, whether in one or more parts, shall be identified in the agreement.
(f) In so far as it is known at the time of the agreement, the planning authority shall indicate to the applicant its intention in relation to the provision of housing, including a description of the proposed houses, on the land F518[…] to be transferred F522[, or to be the subject of a lease,] in accordance with paragraph (a) or (b).
(g) Nothing in this subsection shall be construed as requiring the applicant or any other person (other than the planning authority) to enter into an agreement under paragraph (b) instead of an agreement under paragraph (a).
(h) For the purposes of an agreement under this subsection, the planning authority shall consider—
(i) the proper planning and sustainable development of the area to which the application relates,
(ii) the housing strategy and the specific objectives of the development plan which relate to the implementation of the strategy,
(iii) the need to ensure the overall coherence of the development to which the application relates, where appropriate, and
(iv) the views of the applicant in relation to the impact of the agreement on the development.
(i) Government guidelines on public procurement shall not apply to an agreement made under paragraph (a) or (b) except in the case of an agreement which is subject to the requirements of Council Directive No. 93/37/EEC1 on the co-ordination of procedures relating to the award of Public Works Contracts and any directive amending or replacing that directive.
F520[(j) Where—
(i) the permission is granted before 1 August 2021, or
(ii) the permission is granted during the period beginning on 1 August 2021 and ending on 31 July 2026 and the land to which the application for permission relates was purchased by the applicant, or the person on whose behalf the application is made, during the period beginning on 1 September 2015 and ending on 31 July 2021,
the reference to “20 per cent of the land” in paragraph (a) shall be read as “10 per cent of the land” and the reference in paragraph (bb) to “at least half of the aggregate of the net monetary value” shall be read as “all of the aggregate of the net monetary value.]
(4) An applicant for permission shall, when making an application to which this section applies, specify the manner in which he or she would propose to comply with a condition to which subsection (2) relates, were the planning authority to attach such a condition to any permission granted on foot of such application, and where the planning authority grants permission to the applicant subject to any such condition it shall have regard to any proposals so specified.
(5) In the case of a dispute in relation to any matter which may be the subject of an agreement under this section, other than a dispute relating to a matter that falls within subsection (7), the matter may be referred by the planning authority or any other prospective party to the agreement to the Board for determination.
(6) Where ownership of land is transferred to a planning authority pursuant to subsection (3), the planning authority shall, by way of compensation, pay to the owner of the land a sum equal to—
(a) (i) in the case of—
(I) land purchased by the applicant before 25 August 1999, or
(II) land purchased by the applicant pursuant to a legally enforceable agreement entered into before that date or in exercise of an option in writing to purchase the land granted or acquired before that date,
the price paid for the land, or the price agreed to be paid for the land pursuant to the agreement or option, together with such sum in respect of interest thereon (including, in circumstances where there is a mortgage on the land, interest paid in respect of the mortgage) as may be determined by the property arbitrator,
(ii) in the case of land the ownership of which was acquired by the applicant by way of a gift or inheritance taken (within the meaning of the Capital Acquisitions Tax Act, 1976) before 25 August 1999, a sum equal to the market value of the land on the valuation date (within the meaning of that Act) estimated in accordance with section 15 of that Act,
(iii) in the case of—
(I) land purchased before 25 August 1999, or
(II) land purchased pursuant to a legally enforceable agreement to purchase the land entered into before that date, or in exercise of an option, in writing, to purchase the land granted or acquired before that date,
(where the applicant for permission is a mortgagee in possession of the land) the price paid for the land, or the price agreed to be paid for the land pursuant to the agreement or option, together with such sum in respect of interest thereon calculated from that date (including any interest accruing and not paid in respect of the mortgage) as may be determined by the property arbitrator,
or
(b) the value of the land calculated by reference to its existing use F521[on the date on which the permission referred to in subsection (2) is granted] on the basis that on that date it would have been, and would thereafter have continued to be, unlawful to carry out any development in relation to that land other than exempted development,
whichever is the greater.
(7) (a) Subject to paragraph (b), a property arbitrator appointed under section 2 of the Property Values (Arbitration and Appeals) Act, 1960, shall (in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919), in default of agreement, fix the following where appropriate:
(i) the number and price of houses to be transferred under subsection (3)(b)(i), (iv), (vii) or (viii);
F517[(ia) in the case of an agreement referred to in subsection (3)(b)(iva), the number of houses and the rent payable under such an agreement;]
(ii) F518[…]
(iii) the compensation payable under subsection (6) by a planning authority to the owner of land;
(iv) the payment of an amount to the planning authority under subsection (3)(b)(vi), (vii) or (viii); and
(v) the allowance to be made under section 99(3)(d)(i).
(b) For the purposes of paragraph (a), section 2(2) of the Acquisition of Land (Assessment of Compensation) Act, 1919, shall not apply and the value of the land shall be calculated on the assumption that it was at that time and would remain unlawful to carry out any development in relation to the land other than exempted development.
(c) Section 187 shall apply to compensation payable under subsection (6).
(8) Where it is a condition of the grant of permission that an agreement be entered into in accordance with subsection (2) and, because of a dispute in respect of any matter relating to the terms of such an agreement, F523[parties are unable to reach an agreement], F517[the planning authority,] the applicant or any other person with an interest in the land to which the application relates may—
(a) if the dispute relates to a matter falling within subsection (5), refer the dispute under that subsection to the Board, or
(b) if the dispute relates to a matter falling within subsection (7), refer the dispute under that subsection to the property arbitrator,
and the Board or the property arbitrator, as may be appropriate, shall determine the matter as soon as practicable.
(9) (a) Where ownership of land F518[…] is transferred to a planning authority in accordance with subsection (3), the authority may—
(i) provide, or arrange for F523[the provision on the land of, housing of the type] referred to in section 94(4)(a),
(ii) make land F518[…] available to F523[persons eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 or eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021] for the development of houses by them for their own occupation, or
(iii) make land F518[…] available to a body approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992, for the F523[provision on the land of housing of the type] referred to in section 94(4)(a).
(b) Pending the provision of houses or sites in accordance with paragraph (a)(i), or the making available of land or sites in accordance with paragraph (a)(ii) or (iii), the planning authority shall maintain the land or sites in a manner which does not detract, and is not likely to detract, to a material degree from the amenity, character or appearance of land or houses in the neighbourhood of the land or sites.
(10) (a) Where a house is transferred to a planning authority or its nominees under subsection (3)(b), it shall be used for the housing of F523[persons eligible under regulations under section 31 (3) of the Affordable Housing Act 2021 to be tenants of cost rental dwellings, persons eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 or eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021].
F523[(b) A nominee of a planning authority may be a person eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 , an eligible applicant within the meaning of Part 2 of the Affordable Housing Act 2021 or a body approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 for the provision of housing of the type referred to in section 94(4)(a).]
F516[(10A) A dwelling that is the subject of an agreement referred to in section 75 of the Land Development Agency Act 2021 shall not be reckoned in determining whether or not the condition imposed by this section has been complied with.]
(11) Notwithstanding any provision of this or any other enactment, if a planning authority becomes satisfied that land, a site or a house transferred to it under subsection (3) is no longer required for the purposes specified in subsection (9) or (10), it may use the land, site or house for another purpose connected with its functions or sell it for the best price reasonably obtainable and, in either case, it shall pay an amount equal to the market value of the land, site or house or the proceeds of the sale, as the case may be, into the separate account referred to in subsection (12).
F524[(12) Any amount referred to in subsection (11) and any amount paid to a planning authority in accordance with subsection (3)(b)(vi), (vii) or (viii) shall be accounted for in a separate account and shall only be applied as capital for its functions in relation to the provision of housing under the Housing Acts 1966 to 2009 F525[…].]
(13) This section shall not apply to applications for permission for—
(a) development consisting of the provision of F526[cost rental housing or] houses by a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992, for the provision of housing F527[required for households assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support], where such houses are to be made available for letting or sale,
(b) the conversion of an existing building or the reconstruction of a building to create one or more dwellings, provided that 50 per cent or more of the existing external fabric of the building is retained,
(c) the carrying out of works to an existing house, or
(d) development of houses pursuant to an agreement under this section.
(14) A planning authority may, for the purposes of an agreement under this section, agree to sell, lease or exchange any land within its ownership to the applicant for permission, in accordance with section 211.
(15) In this section, "owner" means—
(a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the land, and
(b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the land.]
Annotations
Amendments:
F514
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 3, commenced on enactment.
F515
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 46(a), (b)(i), (iii), S.I. No. 450 of 2021.
F516
Inserted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 78(a)(i), (ii), S.I. No. 143 of 2022.
F517
Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(a), (b)(iii), (g)(i) and (h), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3).
F518
Deleted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(b)(i), (iv), (g)(ii) and (i), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3).
F519
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(b)(ii), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3).
F520
Inserted (9.09.2021) by Affordable Housing Act 2021 (25/2021), s. 46(b)(ii), (iv), (v), (vi), S.I. No. 450 fo 2021.
F521
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(b)(v), (c), (d) and (f), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3).
F522
Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(e), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3).
F523
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 46(c),(d)(i)-(iii), (e)(i), (ii), S.I. No. 450 of 2021.
F524
Inserted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item no. 3(a), S.I. No. 350 of 2018 art. 3(b)(iii)(III).
F525
Deleted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 46(f), S.I. No. 450 of 2021.
F526
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 46(g), S.I. No. 450 of 2021.
F527
Substituted (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2, part 7, item no. 3(b), S.I. No. 83 of 2011.
F528
Inserted by Urban Regeneration and Housing Act 2015 (33/2015), s. 34(1)(a), (d) and (e), not commenced as of date of revision, subject to transitional provisions in subss. (2) and (3).
F529
Substituted by Urban Regeneration and Housing Act 2015 (33/2015), s. 34(1)(b) and (c), not commenced as of date of revision, subject to transitional provisions in subss. (2) and (3).
F530
Inserted by Planning and Development (Amendment) Act 2010 (30/2010), s. 38(a)(i) and (iii), (b), not commenced as of date of revision.
F531
Substituted by Planning and Development (Amendment) Act 2010 (30/2010), s. 38(a)(ii) and (c), not commenced as of date of revision.
Modifications (not altering text):
C171
Prospective affecting provisions: subss. (3)(b)(ivb) inserted and (3)(b)(viii), (3)(b), (3)(f) and (7)(a)(ia) amended by Urban Regeneration and Housing Act 2015 (33/2015), s. 34(1), not commenced as of date of revision, subject to transitional provisions in subss. (2) and (3).
(3) ...
(b) Instead of the transfer of land referred to in paragraph (a) and subject to paragraph (c) and the other provisions of this section, an agreement under this section may provide for—
(i) the building and transfer, on completion, to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part, of houses on the land which is subject to the application for permission of such number and description as may be specified in the agreement,
(ii) F518[…]
(iii) F518[…]
F519[(iv) the transfer to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part, of houses on any other land within the functional area of the planning authority of such number and description as may be specified in the agreement,]
F517[(iva) the grant to the planning authority of a lease under the Housing Acts 1966 to 2014 of houses on the land which is subject to the application for permission, or on any other land within the functional area of the planning authority, of such number and description as may be specified in the agreement,]
F528[(ivb) the entry into a rental accommodation availability agreement (which term shall, in this section, have the meaning given to it by section 2 of the Housing (Miscellaneous Provisions) Act 2009) with the planning authority, under Part 2 of that Act, in respect of houses on the land which is subject to the application for permission, or on any other land within the functional area of the planning authority, of such number and description as may be specified in the agreement,]
(v) F518[…]
(vi) F518[…]
(vii) a combination of a transfer of land referred to in paragraph (a) (but involving a lesser amount of such land than if the agreement solely provided for a transfer under that paragraph) and the doing of one or more of the things referred to in the preceding subparagraphs,
F521[(viii) a combination of the doing of 2 or more of the things referred to in subparagraphs (i) to F529[(ivb)],]
F521[but, subject, in every case, to the provision that is made under this paragraph resulting in the aggregate of the net monetary value of the property transferred, or the reduction in rent payable over the term of a lease referred to in paragraph (iva) F529[or of an agreement referred to in paragraph (ivb) (excluding any reduction for maintenance, management and void periods specified in such lease or such agreement)], by virtue of the agreement being equivalent to the net monetary value, that is to say, the open market value less the existing use value, of the land that the planning authority would receive if the agreement solely provided for a transfer of land under paragraph (a).]
...
(f) In so far as it is known at the time of the agreement, the planning authority shall indicate to the applicant its intention in relation to the provision of housing, including a description of the proposed houses, on the land F518[…] to be transferred F522[, or to be the subject of a lease F528[or rental accommodation availability agreement],] in accordance with paragraph (a) or (b).
...
(7) (a) Subject to paragraph (b), a property arbitrator appointed under section 2 of the Property Values (Arbitration and Appeals) Act, 1960, shall (in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919), in default of agreement, fix the following where appropriate:
(i) the number and price of houses to be transferred under subsection (3)(b)(i), (iv), (vii) or (viii);
F517[(ia) in the case of an agreement referred to in subsection (3)(b)(iva) F528[or (ivb)], the number of houses and the rent payable under such an agreement;]
C172
Prospective affecting provisions: subs. (3)(b)(viii) and (8) amended and subss. (3)(b)(via), (da) and (7)(a)(iia) inserted by Planning and Development (Amendment) Act 2010 (30/2010), s. 38, not commenced as of date of revision.
Provision of social and affordable housing, etc.
F514[96.— ...
(3) ...
(b) Instead of the transfer of land referred to in paragraph (a) and subject to paragraph (c) and the other provisions of this section, an agreement under this section may provide for— ...
(vi) a payment of such an amount as specified in the agreement to the planning authority,
F530[(via) one of the following—
(I) the entry into a rental accommodation availability agreement (which term shall, in this section, have the meaning given to it by section 2 of the Housing (Miscellaneous Provisions) Act 2009) with the planning authority, under Part 2 of that Act, in respect of, or
(II) a grant of a lease to the planning authority of,
houses on the land which is subject to the application for permission, or any other land within the functional area of the planning authority of such number and description as may be specified in the agreement,]
(vii) a combination of a transfer of land referred to in paragraph (a) (but involving a lesser amount of such land than if the agreement solely provided for a transfer under that paragraph) and the doing of one or more of the things referred to in the preceding subparagraphs,
(viii) a combination of the doing of 2 or more of the things referred to in F531[in subparagraphs (i) to (via)],
but, subject, in every case, to the provision that is made under this paragraph resulting in the aggregate monetary value of the property or amounts or both, as the case may be, transferred or paid by virtue of the agreement being equivalent to the monetary value of the land that the planning authority would receive if the agreement solely provided for a transfer of land under paragraph (a).
...
F530[(da) Where a planning authority proposes to enter into a rental accommodation availability agreement or to take a lease in accordance with an agreement under paragraph (b), then, to the extent as may be appropriate the payment to be made, or the rent payable by the planning authority as the case may be shall be reduced (without prejudice to any other relevant discount or allowance) by such amount as may be agreed or in default of agreement as may be prescribed by the Minister as takes account of the obligations imposed by this section and in particular the attribution to the site cost of the houses of a value calculated in accordance with subsection (6).]
...
(7) (a) Subject to paragraph (b), a property arbitrator appointed under section 2 of the Property Values (Arbitration and Appeals) Act, 1960, shall (in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919), in default of agreement, fix the following where appropriate:
(i) the number and price of houses to be transferred under subsection (3)(b)(i), (iv), (vii) or (viii);
(ii) the number and price of sites to be transferred under subsection (3)(b)(ii), (v), (vii) or (viii);
F530[(iia) the number of houses, and the amount to be paid, or rent payable, therefor under a rental accommodation availability agreement or a lease under subsection (3)(b)(via)]
(iii) the compensation payable under subsection (6) by a planning authority to the owner of land;
(iv) the payment of an amount to the planning authority under subsection (3)(b)(vi), (vii) or (viii); and
(v) the allowance to be made under section 99(3)(d)(i).
(b) For the purposes of paragraph (a), section 2(2) of the Acquisition of Land (Assessment of Compensation) Act, 1919, shall not apply and the value of the land shall be calculated on the assumption that it was at that time and would remain unlawful to carry out any development in relation to the land other than exempted development.
(c) Section 187 shall apply to compensation payable under subsection (6).
(8) Where it is a condition of the grant of permission that an agreement be entered into in accordance with subsection (2) and, because of a dispute in respect of any matter relating to the terms of such an agreement, the agreement is not entered into before the expiration of 8 weeks from the date of the grant of permission, F531[the planning authority, applicant or any other person] with an interest in the land to which the application relates may—
(a) if the dispute relates to a matter falling within subsection (5), refer the dispute under that subsection to the Board, or
(b) if the dispute relates to a matter falling within subsection (7), refer the dispute under that subsection to the property arbitrator,
and the Board or the property arbitrator, as may be appropriate, shall determine the matter as soon as practicable.
(9) ...]
C173
Section construed during specified period (3.07.2017 to 31.12.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 15, S.I. No. 270 of 2017 and S.I. No. 598 of 2019.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of section 96 (provision of social and affordable housing, etc.) of Act of 2000 during specified period
15. Section 96 of the Act of 2000 has effect during the specified period—
(a) as if in subsection (1) there were substituted “section 34, or section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” for “section 34”, and
(b) as if in subsection (4) there were substituted “the planning authority or the Board, as the case may be,” for “the planning authority” in both places where it occurs.
Editorial Notes:
E256
Previous affecting provision: subs. (8)(a)(i), (ii) amended (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 33(1)(b)(i), (iv), (g)(ii) and (i), S.I. No. 364 of 2015, subject to transitional provisions in subss. (2) and (3); substituted as per F-note above.
E257
Sale of house transferred to housing authority in accordance with agreement under section restricted (1.01.2016) by Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), reg. 4(e), in effect as per reg. 2.
F532[Restoration of normal limit of duration for certain permissions.
96A.—Sections 40 to 42 shall apply to permissions granted under Part IV of the Act of 1963 or under Part III of this Act pursuant to an application made after 25 August 1999 and to which this Part would have applied if the application for permission had been made after the inclusion of a housing strategy in the development plan under section 94(1).]
Annotations
Amendments:
F532
Inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 4, commenced on enactment.
F533[Levy to be paid in consideration of restoration effected by section 96A.
96B.—(1) In this section—
"house" means—
(a) a building or part of a building which has been built for use as a dwelling, and
(b) in the case of a block of apartments or other building or part of a building comprising 2 or more dwellings, each of those dwellings;
"market value", in relation to a house, means the price which the house might reasonably be expected to fetch on a sale in the open market;
"relevant house" means a house, permission for which would have ceased to have effect or expired but for section 4 of the Planning and Development (Amendment) Act, 2002.
(2) There shall be deemed to be attached to a permission referred to in section 96A a condition providing that there shall, in accordance with subsections (3) to (5), be paid to the planning authority an amount in respect of—
(a) unless paragraph (b) applies as respects the particular house, the first disposal of each relevant house built on foot of that permission,
(b) if, as respects a particular relevant house—
(i) it is built on foot of that permission by a person for his or her own occupation, or
(ii) it is built on foot of that permission for a person (‘the first-mentioned person’) by another for the first-mentioned person’s occupation and that other person is not the person from whom the first-mentioned person acquires his or her interest in the land on which the house is built,
the completion of the building of that relevant house on foot of that permission.
(3) In subsection (2) ‘first disposal’, in relation to a relevant house, means whichever of the following first occurs after the house is built—
(a) the sale, at arm’s length, of the house (whether the agreement for that sale is entered into before or after the building of the house is completed),
(b) the granting of a tenancy or lease in respect of the house for the purpose of the grantee of the tenancy or lease occupying the house, or
(c) the sale, otherwise than at arm’s length, of the house (whether the agreement for that sale is entered into before or after the building of the house is completed) or the transfer of the beneficial interest in the house.
(4) The amount of the payment referred to in subsection (2) shall be—
(a) where the disposal of the house concerned falls within subsection (3)(a)—
(i) if the consideration paid to the vendor by the purchaser equals or exceeds €270,000, an amount equal to 1 per cent of the consideration so paid,
(ii) if the consideration paid to the vendor by the purchaser is less than €270,000, an amount equal to 0.5 per cent of the consideration so paid,
(b) where either—
(i) the disposal of the house concerned falls within subsection (3)(b) or (c), or
(ii) subsection (2)(b) applies as respects the house concerned,
an amount equal to—
(I) if the market value of the house at the time of the disposal or upon the completion of its building, equals or exceeds €270,000, 1 per cent of the market value of the house at the time of that disposal or upon that completion,
(II) if the market value of the house at the time of the disposal or upon such completion is less than €270,000, 0.5 per cent of the market value of the house at the time of that disposal or upon such completion.
(5) The payment referred to in subsection (2) shall be made at such time as the planning authority specifies (and the time that is so specified may be before the date on which the disposal concerned of the relevant house is effected).
(6) Any amount paid to a planning authority in accordance with this section shall be accounted for in a separate account and shall only be applied as capital for its functions under this Part or by a housing authority for its functions in relation to the provision of housing under the Housing Acts, 1966 to 2002.
(7) (a) The planning authority shall issue, in respect of the payment to it of an amount (being the amount required to be paid under this section in a particular case), a receipt, in the prescribed form, to the payer stating that the liability for payment of that amount in the case concerned has been discharged.
(b) A document purporting to be a receipt issued under this subsection by the planning authority shall be prima facie evidence that the liability for the payment of the amount to which it relates has been discharged.
(8) Any of the following—
(a) a provision of a contract of sale of a house,
(b) a provision of a contract for the building for a person of a house for his or her occupation,
(c) a covenant or other provision of a conveyance of an interest in a house,
(d) a covenant or other provision of a lease or tenancy agreement in respect of a house,
(e) a provision of any other agreement (whether oral or in writing),
which purports to require the purchaser, the person referred to in paragraph (b), the grantee of the interest or the grantee of the lease or tenancy, as the case may be, to pay the amount referred to in subsection (2) or to indemnify another in respect of that other’s paying or liability to pay that amount shall be void.
(9) Any amount paid by the purchaser, person referred to in subsection (8)(b) or grantee of an interest or a lease or tenancy, pursuant to a provision or covenant referred to in subsection (8), may be recovered by him or her from the person to whom it is paid as a simple contract debt in any court of competent jurisdiction.
(10) This section shall not apply to permissions for development consisting of the provision of 4 or less houses, or for housing on land of 0.1 hectares or less.
(11) For the avoidance of doubt, in this section "sale", in relation to a house, includes any transaction or series of transactions whereby the vesting by the builder in another person of the interest in the land on which the house is built by the builder is effected separately from the conclusion of the arrangements under which the house is built for that other person by the builder.]
Annotations
Amendments:
F533
Inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 4, commenced on enactment.
Editorial Notes:
E258
Power pursuant to section exercised (6.03.2003) by Planning and Development Regulations 2003 (S.I. No. 90 of 2003).
Development to which section 96 shall not apply.
97.—(1) In this section—
“applicant” includes a person on whose behalf a person applies for a certificate;
“the court” other than in subsections (19) and (21), means the Circuit Court for the circuit in which all or part of the development, to which the application under subsection (3) relates, is situated.
(2) For the purposes of this section—
(a) 2 or more persons shall be deemed to be acting in concert if, pursuant to an agreement, arrangement or understanding, one of them makes an application under subsection (3) or causes such an application to be made, and
(b) land in the immediate vicinity of other land shall be deemed in any particular case not to include land that is more than 400 metres from the land second-mentioned in this subsection.
(3) A person may, before applying for permission in respect of a development—
(a) consisting of the provision of F535[4 or fewer] houses, or
(b) for housing on land of F536[0.1 hectares] or less,
apply to the planning authority concerned for a certificate stating that section 96 shall not apply to a grant of permission in respect of the development concerned (in this section referred to as a “certificate”), and accordingly, where the planning authority grants a certificate, section 96 shall not apply to a grant of permission in respect of the development concerned.
(4) Subject to—
(a) subsections (6) and (12), and
(b) compliance by the applicant for a certificate with subsection (8),
a planning authority to which an application has been made under and in accordance with this section may grant a certificate to the applicant.
(5) An application for a certificate shall be accompanied by a statutory declaration made by the applicant—
(a) giving, in respect of the period of 5 years preceding the application, such particulars of the legal and beneficial ownership of the land, on which it is proposed to carry out the development to which the application relates, as are within the applicant’s knowledge or procurement,
(b) identifying any persons with whom the applicant is acting in concert,
(c) giving particulars of—
(i) any interest that the applicant has, or had at any time during the said period, in any land in the immediate vicinity of the land on which it is proposed to carry out such development, and
(ii) any interest that any person with whom the applicant is acting in concert has, or had at any time during the said period, in any land in the said immediate vicinity, of which the applicant has knowledge,
(d) stating that the applicant is not aware of any facts or circumstances that would constitute grounds under subsection (12) for the refusal by the planning authority to grant a certificate,
(e) giving such other information as may be prescribed.
(6) (a) A planning authority may require an applicant for a certificate to provide it with such further information or documentation as is reasonably necessary to enable it to perform its functions under this section.
(b) Where an applicant refuses to comply with a requirement under paragraph (a), or fails, within a period of 8 weeks from the date of the making of the requirement, to so comply, the planning authority concerned shall refuse to grant the applicant a certificate.
(7) A planning authority may, for the purpose of performing its functions under this section, make such further inquiries as it considers appropriate.
(8) It shall be the duty of the applicant for a certificate, at all times, to provide the planning authority concerned with such information as it may reasonably require to enable it to perform its functions under this section.
(9) The Minister may make regulations in relation to the making of an application under this section.
(10) Where a planning authority fails within the period of 4 weeks from—
(a) the making of an application to it under this section, or
(b) (in the case of a requirement under subsection (6)) the date of receipt by it of any information or documentation to which the requirement relates,
to grant, or refuse to grant a certificate, the planning authority shall on the expiry of that period be deemed to have granted a certificate to the applicant concerned.
(11) Particulars of a certificate granted under this section shall be entered on the register.
(12) A planning authority shall not grant a certificate in relation to a development if the applicant for such certificate, or any person with whom the applicant is acting in concert—
(a) has been granted, not earlier than 5 years before the date of the application, a certificate in respect of a development F537[on the land on which it is proposed to carry out the first-mentioned development or land in its immediate vicinity], and the certificate at the time of the application remains in force, or
(b) has carried out, or has been granted permission to carry out, a development referred to in subsection (3), not earlier than—
(i) 5 years before the date of the application, and
(ii) one year after the coming into operation of this section,
in respect of the land on which it is proposed to carry out the first-mentioned development, or land in its immediate vicinity, unless—
(I) the aggregate of any development to which paragraph (a) or (b) relates and the first-mentioned development would not, if carried out, exceed 4 houses, or
(II) (in circumstances where the said aggregate would exceed 4 houses) the aggregate of the land on which any development to which paragraph (a) or (b) relates, and the land on which it is proposed to carry out the first-mentioned development, does not exceed F538[0.1 hectares].
(13) Where a planning authority refuses to grant a certificate, it shall by notice in writing inform the applicant of the reasons for its so refusing.
(14) (a) Where a planning authority to which an application has been made under subsection (3) refuses to grant a certificate to the applicant, he or she may, not later than 3 weeks from the date on which the applicant receives notification of the refusal by the planning authority to grant the certificate, or such later date as may be permitted by the court, appeal to the court for an order directing the planning authority to grant to the applicant a certificate in respect of the development.
(b) The court may at the hearing of an appeal under paragraph (a)—
(i) dismiss the appeal and affirm the refusal of the planning authority to grant the certificate, or
(ii) allow the appeal and direct the planning authority to grant the applicant a certificate in respect of the development concerned.
(15) A planning authority shall comply with a direction of the court under this section.
(16) (a) Subject to paragraph (b), a planning authority shall revoke a certificate, upon application in that behalf being made to it by the owner of land to which the certificate related, or by any other person acting with the permission of such owner.
(b) A planning authority shall not revoke a certificate under this subsection where permission has been granted in respect of the development to which the certificate relates.
(17) A person who, knowingly or recklessly—
(a) makes a statutory declaration under subsection (5), or
(b) in purported compliance with a requirement under subsection (6), provides a planning authority with information or documentation,
that is false or misleading in a material respect, or who believes any such statutory declaration made, or information or documentation provided in purported compliance with such requirement, by him or her not to be true, shall be guilty of an offence and shall be liable—
(i) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months, or to both, or
(ii) on conviction on indictment to a fine not exceeding £500,000 or to imprisonment for a term not exceeding 5 years, or to both.
(18) A person who—
(a) forges, or utters, knowing it to be forged, a certificate purporting to have been granted under this section (hereafter in this subsection referred to as a “forged certificate”),
(b) alters with intent to deceive or defraud, or utters, knowing it to be so altered, a certificate (hereafter in this subsection referred to as an “altered certificate”), or
(c) without lawful authority or other reasonable excuse, has in his or her possession a forged certificate or an altered certificate,
shall be guilty of an offence and shall be liable—
(i) on summary conviction to a fine not exceeding £1,500 or imprisonment for a term not exceeding 6 months, or to both, or
(ii) on conviction on indictment to a fine not exceeding £500,000 or imprisonment for a term not exceeding 5 years, or to both.
(19) Where a person is convicted on indictment of an offence under subsection (17) or (18), the court may in addition to any fine or term of imprisonment imposed by the court under that subsection order the payment into court by the person of an amount that in the opinion of the court is equal to the amount of any gain accruing to that person by reason of the grant of a certificate on foot of the statutory declaration, information or documentation, as the case may be, to which the offence relates, and such sum shall, when paid in accordance with such order, stand forfeited.
(20) All sums that stand forfeited under subsection (19) shall be paid to the planning authority that granted the certificate concerned and shall be accounted for in the account referred to in section 96(13) and be applied only for the purposes specified in that section.
(21) Where a person is convicted of an offence under subsection (17), the court may revoke a certificate granted on foot of a statutory declaration, information or documentation to which the offence relates, upon application being made to it in that behalf by the planning authority that granted the certificate.
(22) A person shall not, solely by reason of having been granted a certificate, be entitled to a grant of permission in respect of the development to which the certificate relates.
Annotations
Amendments:
F534
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 36, S.I. No. 364 of 2015.
F535
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 47(a), S.I. No. 450 of 2021.
F536
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 5, commenced on enactment.
F537
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 47(b), S.I. No. 450 of 2021.
F538
Inserted (2.06.2003) by Local Government (No. 2) Act 2003 (17/2003), s. 5, commenced on enactment.
Modifications (not altering text):
C174
Prospective affecting provision: transitional arrangments on repeal made by Planning and Development Act 2024 (34/2024), s. 254(18), not commenced as of date of revision.
Certification of development to which this Chapter does not apply
254.— …
(18) A certificate under section 97 of the Act of 2000 granted before the repeal of that section by section 6 shall have effect on and after that repeal as if granted under this section.
Editorial Notes:
E259
Power pursuant to section exercised (4.11.2021) by Planning and Development (Amendment) (No. 3) Regulations 2021 (S.I. No. 588 of 2021).
E260
Power pursuant to section exercised (10.09.2015) by Planning and Development (Amendment) (No. 3) Regulations 2015 (S.I. No. 387 of 2015).
E261
Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.3007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E262
Power pursuant to section exercised (6.03.2003) by Planning and Development Regulations 2003 (S.I. No. 90 of 2003).
E263
Power pursuant to section exercised (11.03.2002) by Planning and Development Regulations 2002 (S.I. No. 70 of 2002).
E264
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E265
Previous affecting provision: subs. (3)(a) amended (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 36, S.I. No. 364 of 2015; substituted as per F-note above.
Allocation of affordable housing.
98.—F539[…]
Annotations
Amendments:
F539
Repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 4, S.I. No. 350 of 2018, subject to transitional provision in s. 96(6).
Modifications (not altering text):
C175
Scheme under section preserved for period (18.06.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 85(7), S.I. No. 206 of 2018.
Scheme of priority for affordable dwelling purchase arrangements.
85.— ...
(7) Notwithstanding the repeal by this Act of section 98 of the Planning and Development Act 2000 and section 8 of the Act of 2002, a scheme established under the said section 98 or the said section 8, as the case may be, and in force immediately before the coming into operation of this Part continues to have effect after such coming into operation and is deemed to have been made under this section until a scheme of priority made under this section comes into force.
...
Editorial Notes:
E266
Previous affecting provision: making and amending of a scheme which determines the order of priority for allocation of affordable houses is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 52 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014; section repealed as per F-note above.
Controls on resale of certain houses.
99.—F540[…]
Annotations
Amendments:
F540
Repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 4, S.I. No. 350 of 2018, subject to transitional provision in s. 96(6).
Editorial Notes:
E267
Previous affecting provision: subs. (3A) inserted (21.12.2004) by Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2, commenced on enactment; section repealed as per F-note above.
E268
Previous affecting provision: subs. (3A)(c) amended (1.12.2009) by Land And Conveyancing Law Reform Act 2009 (27/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009; section repealed as per F-note above.
Regulations under this Part.
100.—F541[…]
Annotations
Amendments:
F541
Repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 4, S.I. No. 350 of 2018, subject to transitional provision in s. 96(6).
Editorial Notes:
E269
Power pursuant to section exercised (6.03.2003) by Planning and Development Regulations 2003 (S.I. No. 90 of 2003).
E270
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E271
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
Housing and planning authority functions.
101.—(1) Where a planning authority performing any function under this Part is not the housing authority for the area of the function, the planning authority shall consult with the housing authority for the area with respect to the performance of that function.
(2) In this section, a reference to a “housing authority” means a housing authority as defined pursuant to section 23(2) of the Housing (Miscellaneous Provisions) Act, 1992.
PART VI
An Bord Pleanála
Chapter I
Establishment and Constitution
Continuation of Bord Pleanála.
102.—(1) An Bord Pleanála shall continue in being notwithstanding the repeal of any enactment effected by this Act.
(2) The Board shall perform the functions assigned to it by this Act.
(3) The chairman, deputy chairman and any other member of the Board in office immediately prior to the coming into force of this section under an enactment repealed by this Act shall continue in office as chairperson, deputy chairperson and other member, respectively, for a term ending on the day on which his or her appointment would have expired under the repealed enactment.
Board to be body corporate, etc.
103.—(1) The Board shall be a body corporate with perpetual succession and a seal and power to sue and be used in its corporate name and to acquire, hold and dispose of land.
(2) The seal of the Board shall be authenticated by the signature of the chairperson or of some other member, or of an employee of the Board or of a person whose services are availed of by the Board by virtue of section 122, who is authorised by the Board to act in that behalf.
(3) Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with subsection (2)) of the Board shall be received in evidence and be deemed to be such an instrument without proof unless the contrary is shown.
Board to consist of chairperson and 7 other members.
104.—F542[(1) Subject to subsection (2), the Board shall consist of a chairperson and such number of ordinary members, up to a maximum of 14, as the Minister may appoint having regard to the number and nature of applications, appeals, referrals or other matters with which the Board is concerned.]
(2) The Minister may by order increase the number of ordinary members where he or she is of the opinion that the F543[number of applications, appeals], referrals or other matters with which the Board is concerned is at such a level so as to necessitate the appointment of one or more additional Board members to enable the Board fulfil its duty and objective F543[under section 37J, 126, F544[126A,] F545[…] 177E or 221, or section 47E of the Act of 2001].
F546[(2A) Subject to section 108(1), and notwithstanding section 106(5), the Minister shall not fill one or more than one vacancy that arises in relation to an ordinary member, for such period as he or she considers appropriate, where he or she is of the opinion that the number of applications, appeals, referrals or other functions conferred on the Board by or under this Act is at such a level so as to necessitate that the vacancy is not filled and that the Board shall, notwithstanding the reduction in the number of Board members be able to fulfil its duty and objective under section 37J, 126, F544[126A,] F545[…] 177E or 221, or section 47E of the Act of 2001 or otherwise satisfactorily perform the functions so conferred.]
(3) F547[…]
(4) F542[(a) Notwithstanding subsection (2), where the Minister is of the opinion that one, or more than one, additional ordinary member should be appointed as a matter of urgency due to the number of applications, appeals, referrals or other matters with which the Board is concerned, the Minister may, subject to paragraphs (b) and (c), appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, one, or more than one person, who is, in the opinion of the Minister, a suitably qualified person on a temporary basis,]
(b) A person shall not be appointed to be an ordinary member under this subsection for a term in excess of F543[12 months].
F546[(c) The Minister shall appoint not more than 3 persons under this subsection at any one time F547[…].]
(5) An order made under subsection (2) shall have effect for such a period not exceeding 5 years as shall be specified therein.
Annotations
Amendments:
F542
Substituted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 4(a), (b), (d)(i), S.I. No. 1 of 2023.
F543
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 39(c)(ii), S.I. No. 477 of 2010.
F544
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 9(a), (b), S.I. No. 715 of 2021.
F545
Deleted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 23(a), (b), S.I. No. 645 of 2023.
F546
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 39(b) and (c)(iii), S.I. No. 477 of 2010.
F547
Deleted (1.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 4(c), (d)(ii), S.I. No. 1 of 2023.
Modifications (not altering text):
C176
Section construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 16, S.I. No. 270 of 2017.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of section 104 (Board to consist of chairperson and 7 other members) of Act of 2000 during specified period
16. Section 104 of the Act of 2000 has effect during the specified period as if—
(a) in subsection (2), “, or Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “of the Act of 2001”, and
(b) in subsection (2A), “, or Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “of the Act of 2001”.
Editorial Notes:
E272
Power pursuant to section exercised (20.08.2024 to 1.01.2025) by Planning and Development (Increase in maximum number of Ordinary Board Members of An Bord Pleanála) Order 2024 (S.I. No. 414 of 2024).
E273
Previous affecting provision: subs. (1) amended (5.11.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 14, S.I. No. 553 of 2006; subsection substituted (10.01.2023) as per F-note above.
E274
Previous affecting provision: subss. (2), (4)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 39(a), (c)(i), S.I. No. 477 of 2010; subsection substituted (10.01.2023) as per F-note above.
E275
Previous affecting provision: subs. (2) amended (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 9(a), S.I. No. 715 of 2021.; subsection substituted (10.01.2023) as per F-note above.
Appointment of chairperson.
105.—(1) The chairperson shall be appointed by the Government.
(2) There shall be a committee (“the committee”) consisting of—
(a) the President of the High Court,
(b) the Cathaoirleach of the General Council of County Councils,
(c) the Secretary-General of the Department of the Environment and Local Government,
(d) the Chairperson of the Council of An Taisce — the National Trust for Ireland,
(e) the President of the Construction Industry Federation,
(f) the President of the Executive Council of the Irish Congress of Trade Unions, and
(g) the Chairperson of the National Women’s Council of Ireland.
(3) Where—
(a) any of the persons referred to in subsection (2) signifies at any time his or her unwillingness or inability to act for any period as a member of the committee, or
(b) any of the persons referred to in subsection (2) is through ill-health or otherwise unable so to act for any period,
the Minister may, when making a request under subsection (7), appoint another person to be a member of the committee in his or her place and that person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.
(4) Where the Minister makes a request under subsection (7) and at the time of making the request any of the offices referred to in subsection (2) is vacant, the Minister may appoint a person to be a member of the committee and that person shall remain a member of the committee until such time as the selection of the committee pursuant to the request is made.
(5) Where, pursuant to subsection (3) or (4), the Minister appoints a person to be a member of the committee, he or she shall, as soon as may be, cause a notice of the appointment to be published in Iris Oifigiúil.
(6) (a) The Minister may by order amend subsection (2).
(b) The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph).
(c) Where an order under this subsection is proposed to be made, the Minister shall cause a draft thereof to be laid before both Houses of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.
(d) Where an order under this subsection is in force, subsection (2) shall be construed and have effect subject to the terms of the order.
(7) (a) The committee shall, whenever so requested by the Minister, select 3 candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the chairperson and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected and of the reasons why, in the opinion of the committee, they are or he or she is suitable for the appointment.
(b) In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications or personal qualities which the committee considers appropriate to enable a person effectively to perform the functions of the chairperson.
(8) Except in the case of F548[an appointment under section 105A or] a re-appointment under subsection (12), the Government shall not appoint a person to be the chairperson unless the person was selected by the committee under subsection (7) in relation to that appointment but—
(9) The Minister may make regulations as regards—
(a) the publication of the notice that a request has been received by the committee under subsection (7),
(b) applications for selection by the committee, and
(c) any other matter which the Minister considers expedient for the purposes of this section.
(10) A person who is, for the time being—
(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,
(b) a member of the European Parliament, or
(c) a member of a local authority,
shall be disqualified from being appointed as the chairperson.
(11) The chairperson shall be appointed in a wholetime capacity and shall not at any time during his or her term of office hold any other office or employment in respect of which emoluments are payable.
(12) Subject to the other provisions of this section, the chairperson F548[(other than a chairperson appointed on an interim basis under section 105A)] shall hold office for a term of 7 years and may be re-appointed by the Government for a second or subsequent term of office, provided that a person shall not be re-appointed under this subsection unless, at the time of his or her re-appointment, he or she is or was the outgoing chairperson.
(13) (a) The chairperson may resign his or her office as chairperson by letter addressed to the Minister and the resignation shall take effect on and from the date of the receipt of the letter by the Minister.
F549[(b) The chairperson shall vacate the office of chairperson on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]
(c) A person shall cease to be the chairperson if he or she—
(i) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas or to the European Parliament,
(ii) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to that Parliament to fill a vacancy, or
(iii) becomes a member of a local authority.
(d) A person shall cease to be the chairperson if he or she—
(i) is adjudicated bankrupt,
(ii) makes a composition or arrangement with creditors,
(iii) is convicted of any indictable offence in relation to a company,
(iv) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,
(v) is sentenced by a court of competent jurisdiction to a term of imprisonment,
(vi) is the subject of an order under section 160 of the Companies Act, 1990, or
(vii) ceases to be resident in the State.
F550[(14) Subject to the provisions of this section, the chairperson shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.]
(15) The chairperson may be removed from office by the Government if he or she has become incapable through ill-health of effectively performing his or her functions, or if he or she has committed stated misbehaviour, or if his or her removal appears to the Government to be necessary for the effective performance by the Board of its functions, and in case the chairperson is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.
Annotations
Amendments:
F548
Inserted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 5(a), (b), S.I. No. 1 of 2023.
F549
Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.
F550
Substituted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 14, S.I. No. 683 of 2011.
Editorial Notes:
E276
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E277
Previous affecting provision: subs. (13)(b) amended (25.03.2004) by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3 and sch. 2 part 2, commenced on enactment; substituted as per F-note above.
E278
Previous affecting provision: power pursuant to section exercised (20.07.2001) by Planning and Development (Appointment of Chairperson and Ordinary Members of an Board Pleanála) Regulations 2001 (S.I. No. 336 of 2000); revoked (21.02.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
E279
Previous affecting provision: subs. (13)(b) substituted (28.07.2012) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 58(a), commenced on enactment; substituted as per F-note above.
F551[Appointment of chairperson on interim basis
105A.—(1) Where no chairperson stands appointed under section 105 the Government may, subject to subsections (2) and (3), appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, a person who is, in the opinion of the Government, a suitably qualified person, to be the chairperson for a period of not more than 12 months.
(2) Notwithstanding subsections (1) and (3), a person appointed to be the chairperson under this section shall cease to hold office on the appointment of a chairperson by the Government under section 105.
(3) Subsections (11), (13), (14) and (15) of section 105 shall apply to a chairperson appointed under subsection (1).
(4) A person appointed to be the chairperson under this section who ceases to hold office in accordance with subsection (1) or (2) may be re-appointed by the Government for a second term under subsection (1) or appointed by the Government in accordance with section 105.]
Annotations
Amendments:
F551
Inserted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 6, S.I. No. 1 of 2023.
Editorial Notes:
E280
The section heading is taken from the amending section in the absence of one included in the amendment.
Appointment of ordinary members.
106.—F552[(1) The Minister shall ensure, in so far as is practicable, that—
(a) the ordinary members of the Board are persons who, in the opinion of the Minister, have satisfactory experience of, or a satisfactory mix of experience and knowledge of, infrastructure delivery, housing, physical planning, sustainable development, architecture, heritage, community affairs, social affairs, planning, the environment, the marine, climate change, law and corporate governance, and
(b) there is an equitable balance among the ordinary members between men and women.]
F552[(2) The Minister shall establish a suitable, independent, objective, and transparent procedure (which may include the establishment of a committee), in accordance with which recommendations may be made to the Minister in relation to the appointment of ordinary members of the Board.]
F552[(3) The Minister may make regulations providing for such matters as the Minister considers necessary for the purpose of establishing the procedure referred to in subsection (2) including, where a committee is established under that section, regulations pertaining to the membership of the committee.]
F552[(4) The procedure provided for under subsection (2) shall require that—
(a) applications be invited from suitably qualified persons for appointment as an ordinary member of the Board,
(b) a panel of candidates suitable for appointment as an ordinary member be prepared having regard to the knowledge, experience, qualifications and personal qualities appropriate to enable a person to perform the functions of an ordinary member effectively,
(c) the Minister be informed of the names of the candidates on the panel and the reasons why such candidates are suitable for the appointment, and
(d) a recommendation be made to the Minister regarding which candidate on the panel the Minister should appoint as an ordinary member.]
F552[(5) Except in the case of a re-appointment under subsection (12) and subject to section 104(4) and section 108(4), the Minister shall not appoint a person to be an ordinary member other than a person recommended in accordance with the procedure established under subsection (2).]
(6) F553[…]
(7) F553[…]
(8) F553[…]
F552[(9) The Minister may make regulations as regards any matter which the Minister considers expedient for the purposes of this section.]
(10) A person who is for the time being—
(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,
(b) a member of the European Parliament, or
(c) a member of a local authority,
shall be disqualified from being appointed as an ordinary member.
(11) Each of the ordinary members shall be appointed in a whole-time capacity and shall not at any time during his or her term of office hold any other office or employment in respect of which emoluments are payable.
(12) Subject to section 108(4)(b), an ordinary member shall hold office for such term (not exceeding 5 years) as shall be specified by the Minister when appointing him or her to office and may be re-appointed by the Minister for a second or subsequent term of office provided that a person shall not be re-appointed under this subsection unless, at the time of his or her re-appointment, he or she is or was an outgoing member of the Board.
(13) (a) An ordinary member may resign his or her membership by letter addressed to the Minister and the resignation shall take effect on and from the date of the receipt of the letter by the Minister.
F554[(b) A person shall vacate the office of ordinary member on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]
(c) A person shall cease to be an ordinary member if he or she—
(i) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas or to the European Parliament,
(ii) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to that Parliament to fill a vacancy, or
(iii) becomes a member of a local authority.
(d) A person shall cease to be an ordinary member of the Board if he or she—
(i) is adjudicated bankrupt,
(ii) makes a composition or arrangement with creditors,
(iii) is convicted of any indictable offence in relation to a company,
(iv) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,
(v) is sentenced by a court of competent jurisdiction to a term of imprisonment,
(vi) is the subject of an order under section 160 of the Companies Act, 1990, or
(vii) ceases to be resident in the State.
(14) (a) There shall be paid by the Board to each ordinary member such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.
(b) Subject to the other provisions of this section, an ordinary member shall hold office on such terms and conditions as the Minister, with the consent of the Minister for Finance, determines.
(15) An ordinary member may be removed from office by the Minister if he or she has become incapable through ill-health of effectively performing his or her functions, or if he or she has committed stated misbehaviour, or if his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions, and in case an ordinary member is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.
Annotations
Amendments:
F552
Substituted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 7(a)-(e), (g), S.I. No. 1 of 2023, subject to transitional provision in s. 8.
F553
Deleted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 7(f), S.I. No. 1 of 2023.
F554
Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.
Modifications (not altering text):
C177
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 508(3), not commenced as of date of revision.
Recommendation of candidates for appointment to be Planning Commissioners
508.— …
(3) Notwithstanding the repeal of section 106 of the Act of 2000 by section 6, a panel of candidates prepared under that section of the Act of 2000 immediately before the repeal shall be considered, after the repeal, to be a panel for the purpose of paragraph (b) of subsection (2).
Editorial Notes:
E281
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).
E282
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E283
Previous affecting provision: subs. (13)(b) substituted (28.07.2012) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 58(b), commenced on enactment; substituted as per F-note above.
E284
Previous affecting provision: subs. (1)(e) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 40, S.I. No. 477 of 2010; subsection substituted (10.01.2023) as per F-note above.
E285
Previous affecting provision: subss. (1), (2) substituted and subss. (4), (5) amended (5.11.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 15(a), (b), (c), S.I. No. 553 of 2006; subsections substituted (10.01.2023) as per F-note above.
E286
Previous affecting provision: subs. (13)(b) amended (25.03.2004) by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3 and sch. 2 part 2, commenced on enactment; substituted as per F-note above.
E287
Previous affecting provision: subs. (3)(a), (b) amended (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(b)(i), (ii), S.I. No. 458 of 2001; subsection substituted (10.01.2023) as per F-note above.
E288
Previous affecting provision: power pursuant to section exercised (20.07.2001) by Planning and Development (Appointment of Chairperson and Ordinary Members of an Board Pleanála) Regulations 2001 (S.I. No. 336 of 2000); revoked (21.02.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
Appointment of deputy chairperson.
107.—(1) The Minister shall appoint from among the ordinary members a person to be the deputy chairperson and the appointment shall be for such period as shall be specified in the appointment.
(2) If at any time the deputy chairperson ceases to be an ordinary member of the Board, he or she shall thereupon cease to be the deputy chairperson.
(3) The deputy chairperson shall, in addition to his or her remuneration as an ordinary member, be paid by the Board such additional remuneration (if any) as the Minister, with the consent of the Minister for Finance, determines.
(4) The deputy chairperson may resign his or her office as deputy chairperson by letter addressed to the Minister and the resignation shall take effect on and from the date of the receipt of the letter by the Minister.
F555[General power of deputy chairperson to perform functions of chairperson where office is vacant
107A.—Where the office of chairperson is vacant the deputy chairperson may perform any function of the chairperson.]
Annotations
Amendments:
F555
Inserted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 9, S.I. No. 1 of 2023.
Editorial Notes:
E289
The section heading is taken from the amending section in the absence of one included in the amendment.
Board’s quorum, vacancies, etc.
108.—F556[(1) F557[A quorum] for a meeting of the Board shall be 3.]
F558[(1A) F559[…]
(1B) F559[…]
(1C) F559[…]
(1D) F559[…]]
(2) Subject to subsection (1), the Board may act notwithstanding a vacancy in the office of chairperson or deputy chairperson or among the ordinary members.
(3) Where a vacancy occurs or is due to occur in the office of chairperson or deputy chairperson or among the ordinary members, the Minister shall, as soon as may be, take steps to fill the vacancy.
(4) F557[(a) Where, owing to the illness of the chairperson or of an ordinary member, or for any other reason, a sufficient number of members of the Board is not available to enable the Board effectively to perform its functions, the Minister may, as an interim measure, appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, one or more than one person who is, in the opinion of the Minister, a suitably qualified person, to be an ordinary member.]
(b) A person shall not be appointed to be an ordinary member under this subsection for a term in excess of one year.
Annotations
Amendments:
F556
Substituted (23.03.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 41(a), S.I. No. 132 of 2011.
F557
Substituted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 10(a), (c), S.I. No. 1 of 2023.
F558
Inserted (23.03.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 41(b), S.I. No. 132 of 2011.
F559
Deleted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 10(b), S.I. No. 1 of 2023.
Editorial Notes:
E290
Previous affecting provision: subs. (4)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 41(c), S.I. No. 477 of 2010; para. (a) substituted (10.01.2023) as per F-note above.
E291
Previous affecting provision: subs. (4)(a) amended (5.11.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 16, S.I. No. 553 of 2006; substituted as per F-note above.
Chapter II
Organisation, Staffing, etc.
Performance of Board.
109.—(1) The Board shall supply the Minister with such information relating to the performance of its functions as he or she may from time to time request.
(2) (a) The Board shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and of the systems and procedures used by it in relation to appeals and referrals.
(b) Where the Minister gives a direction under this section, the Board shall report to the Minister the results of the review conducted pursuant to the direction and shall comply with any directive which the Minister may, after consultation with the Board as regards those results, give in relation to all or any of the matters which were the subject of the review.
(3) The Board may make submissions to the Minister as regards any matter pertaining to its functions.
(4) The Minister may consult with the Board as regards any matter pertaining to the performance of—
(a) the functions of the Board, or
(b) the functions assigned to the Minister by or under this Act or by any other enactment or by any order, regulation or other instrument thereunder.
Annotations
Modifications (not altering text):
C178
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 504(7), not commenced as of date of revision.
Review of performance of Commission by Governing Board
504.— …
(7) A direction given under subsection (2) of section 109 of the Act of 2000 that, immediately before the repeal of that subsection by section 6, had not yet been complied with shall be deemed to have been given under subsection (2).
Chairperson to ensure efficient discharge of business of Board, etc.
110.—F560[(1) The chairperson and, subject to the overall direction of the chairperson or where subsection (1A) applies, the deputy chairperson shall each have the function of—
(a) ensuring the efficient discharge of the business of the Board, and
(b) arranging the distribution of the business of the Board among its members.
(1A) The functions referred to in subsection (1) shall also fall to be performed by the deputy chairperson where the chairperson is not available or where the office of chairperson is vacant.
(1B) The chairperson may assign to any ordinary member any function necessary to ensure the best or most efficient discharge of the business of the Board.
(1C) The chairperson, or the deputy chairperson where the chairperson is not available or where the office of chairperson is vacant, shall take all practical steps to ensure that the organisation and disposition of the staff and resources of the Board are such as to enable the Strategic Infrastructure Division to discharge its business expeditiously.]
F561[(2) Where the chairperson considers, on foot of a complaint or otherwise, that an ordinary member may have failed to comply with a code of conduct adopted by the Board under section 150 or that the conduct of an ordinary member may have been such as to bring the Board into disrepute or may have been prejudicial to the effective performance by the Board of all or any one or more of its functions, he or she may in his or her absolute discretion—
(a) require the member of the Board to attend for interview and there interview the member privately, or
(b) where he or she considers it appropriate to do so, otherwise investigate the matter,
and, if he or she considers it appropriate to do so, report to the Minister the result of the interview or investigation.]
F562[(3) Where the Minister considers that the conduct of an ordinary member may have been such as to bring the Board into disrepute or may have been prejudicial to the effective performance by the Board of all or any one or more of its functions, he or she may request the chairperson to—
(a) conduct an interview with the board member privately, or
(b) otherwise investigate the matter,
and report to the Minister the result of the interview or investigation.]
Annotations
Amendments:
F560
Substituted and inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 17, S.I. No. 684 of 2006.
F561
Substituted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 11(a), S.I. No. 1 of 2023.
F562
Inserted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 11(b), S.I. No. 1 of 2023.
Modifications (not altering text):
C179
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 532, not commenced as of date of revision.
Continued application of section 110 of Act of 2000 for certain purposes
532.—(1) Notwithstanding the repeal of subsection (2) of section 110 of the Act of 2000 effected by section 6, the said section 110 shall continue to apply and have effect in relation to a requirement made, or investigation commenced, under that subsection before that repeal.
(2) Notwithstanding the repeal of subsection (3) of section 110 of the Act of 2000 effected by section 6, the said section 110 shall continue to apply and have effect in relation to a request made, or investigation commenced, under that subsection before that repeal.
Meetings and procedure of Board.
111.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.
(2) The chairperson and each ordinary member at a meeting of the Board shall have a vote.
(3) At a meeting of the Board—
(a) the chairperson shall, if present, be chairperson of the meeting,
(b) if the chairperson is not present the deputy chairperson shall, if present, be chairperson of the meeting, and
(c) if neither the chairperson nor the deputy chairperson is present, the ordinary members who are present shall choose one of their number to be chairperson of the meeting.
(4) Every question at a meeting of the Board relating to the performance of its functions shall be determined by a majority of votes of the members present and, in the event that voting is equally divided, the person who is chairperson of the meeting shall have a casting vote.
(5) (a) Subject to this Act, and to any regulations made thereunder, and subject also to any other enactment or order, regulation or other instrument thereunder, which regulates or otherwise affects the procedure of the Board, the Board shall regulate its own procedure and business.
(b) The Minister may require the Board to keep him or her informed of the arrangements made under this subsection for the regulation of its procedure and business.
(6) (a) Subject to paragraph (b) and (c), the Board may perform any of its functions through or by any member of the Board or other person who has been duly authorised by the Board in that behalf.
(b) Paragraph (a) shall be construed as enabling a member of the Board finally to determine points of detail relating to a decision on a particular case if the case to which an authorisation under that paragraph relates has been considered at a meeting of the Board prior to the giving of the authorisation and that determination shall conform to the terms of that authorisation.
(c) Paragraph (a) shall not be construed as enabling the Board to authorise a person who is not a member of the Board finally to determine any particular case with which the Board is concerned.
(7) The Board shall arrange to keep a written record of all its decisions including the names of those present at a meeting of the Board and the number of those persons who vote for or against those decisions.
F563[(8) Notwithstanding any provision of this Act, a meeting of An Bord Pleanála, including a division of the board, may take place using remote video or telephone conferencing facilities or by any means of communication by which all of the board members and other persons participating in different locations can hear and be heard at the same time.
(9) In subsection (8), "meeting" includes any meeting for the purpose of making any decision in relation to any appeal, referral or application.]
Annotations
Amendments:
F563
Inserted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 12, S.I. No. 1 of 2023.
Divisions of Board.
112.—(1) Whenever the Minister or the chairperson considers that, for the speedy dispatch of the business of the Board, it is expedient that the Board should act by divisions, he or she may direct accordingly, and until that direction is revoked—
(a) the chairperson shall assign to each division the business to be transacted by it, and
(b) for the purpose of the business so assigned to it, each division shall have all the function of the Board.
(2) A division of the Board shall consist of not less than 3 members of the Board.
(3) The chairperson, or in his or her absence, a person acting as chairperson of a meeting of a division of the Board, may at any stage before a decision is made, transfer the consideration of any appeal or referral from the division to a meeting of all available members of the Board, where the chairperson considers the appeal or referral to be of particular complexity or significance.
F564[(4) This section is without prejudice to section 112A.]
Annotations
Amendments:
F564
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 18, S.I. No. 684 of 2006.
F565[Strategic Infrastructure Division.
112A.—(1) A division of the Board which shall be known as the Strategic Infrastructure Division is established on the commencement of section 19 of the Planning and Development (Strategic Infrastructure) Act 2006.
(2) That division is in addition to any division for the time being constituted under section 112.
(3) The Strategic Infrastructure Division—
(a) shall, subject to subsections (8) and (9), determine any matter falling to be determined by the Board under this Act in relation to strategic infrastructure development, and
(b) shall determine any other matter falling to be determined by the Board under this or any other enactment, including any class of appeals or referrals, that the chairperson or the deputy chairperson may from time to time assign to it.
(4) For the purpose of business of either of the foregoing kinds, the Strategic Infrastructure Division shall have all the functions of the Board.
(5) The Strategic Infrastructure Division shall consist of the chairperson and the deputy chairperson and 3 other ordinary members nominated by the chairperson to be, for the time being, members of the Division.
(6) The chairperson may authorise any other ordinary member to act in place of any member of the Strategic Infrastructure Division referred to in subsection (5) where the latter member is absent.
(7) The quorum for a meeting of the Strategic Infrastructure Division shall be 3.
(8) Either—
(a) the chairperson or, in his or her absence, the deputy chairperson, or
(b) a person acting as chairperson of a meeting of the Division,
may, at any stage before a decision is made by the Division, transfer the consideration of any matter from the Strategic Infrastructure Division to a meeting of all available members of the Board where he or she considers the matter to be of particular complexity or significance.
(9) The chairperson may, if he or she considers that the issues arising in respect of any particular case of strategic infrastructure development, or any particular class or classes of such case, are not of sufficient complexity or significance as to warrant that case, or that class or those classes of case, being dealt with by the Strategic Infrastructure Division, transfer the consideration of that case, or that class or those classes of case, to another division or part of the Board.]
Annotations
Amendments:
F565
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 19, S.I. No. 684 of 2006.
Prohibition on disclosure of information relating to functions of Board.
113.—(1) No person shall, without the consent of the Board (which may be given to the person, subject to or without conditions, as regards any information, as regards particular information or as regards information of a particular class or description), disclose—
(a) any information obtained by him or her while serving as a member or employee of, or consultant or adviser to, the Board or as a person whose services are availed of by the Board by virtue of section 120(2) or 122, or
(b) any information so obtained relative to the business of the Board or to the performance of its functions.
(2) A person who contravenes subsection (1) shall be guilty of an offence.
(3) Nothing in subsection (1) shall prevent—
(a) disclosure of information in a report made to the Board or in a report made by or on behalf of the Board to the Minister,
(b) disclosure of information by any person in the course of and in accordance with the functions of his or her office,
(c) disclosure of information in accordance with the Freedom of Information Act, 1997, or
(d) disclosure of information in accordance with the European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998, and any regulations amending or replacing those regulations.
Prohibition of certain communications in relation to appeals, etc.
114.—(1) Any person who communicates with the chairperson, an ordinary member, an employee of, or consultant or adviser to, the Board or a person whose services are availed of by the Board by virtue of section 120(2) or 122 for the purpose of influencing improperly the consideration of an appeal or referral or a decision of the Board as regards any matter shall be guilty of an offence.
(2) If the chairperson or an ordinary member or an employee of, or consultant or adviser to, the Board or a person whose services are availed of by the Board by virtue of section 120(2) or 122, becomes of the opinion that a communication is in contravention of subsection (1), it shall be his or her duty not to entertain the communication further and shall disclose the communication to the Board.
Indemnification of members and employees of Board and other persons.
115.—Where the Board is satisfied that a member of the Board, an employee of the Board or a person whose services are provided to the Board under section 120(2), 122 or 124(1) has discharged his or her duties in relation to the functions of the Board in a bona fide manner, it shall indemnify the member, employee or person against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.
Annotations
Modifications (not altering text):
C180
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 533, not commenced as of date of revision.
Effect of repeal of section 115 of Act of 2000
533.—The repeal of section 115 of the Act of 2000 by section 6 shall not affect the obligation of the Commission under that section in relation to a duty discharged before the repeal of that section.
Grants to Board.
116.—There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Board in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance and after consultation with the Board in relation to its programme of expenditure for that year, may fix.
Annotations
Modifications (not altering text):
C181
Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
Schedule 1 Enactments
... |
||
No. 30 of 2000 |
Planning and Development Act 2000 |
Sections 80, 116, 117, 120(2) and 181 |
... |
Accounts and audits of Board.
117.—(1) The Board shall keep in such form as may be approved by the Minister, after consultation with the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.
(2) Accounts kept under this section shall be submitted by the Board to the Comptroller and Auditor General for audit at such times as the Minister shall direct and, when audited shall, together with the report of the Comptroller and Auditor General, be presented to the Minister who shall cause copies to be laid before each House of the Oireachtas.
Annotations
Modifications (not altering text):
C182
Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
Schedule 1 Enactments
... |
||
No. 30 of 2000 |
Planning and Development Act 2000 |
Sections 80, 116, 117, 120(2) and 181 |
... |
Annual report and information to Minister.
118.—The Board shall, not later than the 30th day of June in each year, make a report to the Minister of its proceedings during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.
Annotations
Modifications (not altering text):
C183
Additional information for purposes of reports under section prescribed (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 9(12), S.I. No. 270 of 2017.
Decisions by Board on applications under section 4
9. ...
(12) The Board shall include in each report made under section 118 of the Act of 2000 a statement of—
(a) the number of matters which the Board has determined within each of the periods referred to in paragraphs (a) and (b) of subsection (9), and
(b) the number and the aggregate amount of all sums paid (if any) by the Board under subsection (13) ,
together with such other information as to the time taken to determine such matters as the Minister may direct.
...
Superannuation of members of Board.
119.—(1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of pensions, gratuities or other allowances to or in respect of the chairperson and ordinary members ceasing to hold office.
(2) A scheme under this section may provide that the termination of the appointment of the chairperson or of an ordinary member during that person’s term of office shall not preclude the award to him or her under the scheme of a pension, gratuity or other allowance.
(3) The Minister may, with the consent of the Minister for Finance, amend a scheme made by him or her under this section.
(4) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity, or allowance payable in pursuance of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.
(5) A scheme under this section shall be carried out by the Board in accordance with its terms.
(6) No pension, gratuity or other allowance shall be granted by the Board to or in respect of any person referred to in subsection (1) ceasing to hold office otherwise than in accordance with a scheme under this section.
(7) Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House, within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Modifications (not altering text):
C184
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 534, not commenced as of date of revision.
Scheme under section 119 of Act of 2000
534.—A scheme under section 119 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall continue in force and have effect after that repeal as if made under section 526.
Editorial Notes:
E292
Schemes established under section excluded from application of Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993), art. 6 and sch. C, as substituted (12.02.2019) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2019 (S.I. No. 39 of 2019), reg. 2.
Employees of Board.
120.—(1) The Board shall appoint such and so many persons to be employees of the Board as the Board, subject to the approval of the Minister, given with the consent of the Minister for Finance, as to the number and kind of those employees, from time to time considers appropriate, having regard to the need to ensure that an adequate number of staff are competent in the Irish language so as to be able to provide service through Irish as well as English.
(2) The Board may employ a person in a part-time capacity to be remunerated by the payment of fees in such amounts as the Board may, with the approval of the Minister, given with the consent of the Minister for Finance, from time to time determine.
(3) An employee of the Board shall hold his or her employment on such terms and conditions as the Board, subject to the approval of the Minister, from time to time determines.
(4) There shall be paid by the Board to its employees out of moneys at its disposal such remuneration and allowances as the Board, subject to the approval of the Minister, with the consent of the Minister for Finance, from time to time determines.
Annotations
Modifications (not altering text):
C185
Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
Schedule 1 Enactments
... |
||
No. 30 of 2000 |
Planning and Development Act 2000 |
Sections 80, 116, 117, 120(2) and 181 |
... |
Superannuation of employees of Board.
121.—(1) The Board shall prepare and submit to the Minister for his or her approval, a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such whole-time employees of the Board as it considers appropriate.
(2) The Board may, at any time, prepare and submit to the Minister a scheme amending a scheme under this section.
(3) Where a scheme is submitted to the Minister pursuant to this section, the Minister may, with the consent of the Minister for Finance, approve the scheme without modification or with such modification (whether by way of addition, omission or variation) as the Minister shall, with such consent, think proper.
(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister, with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms.
(5) A scheme approved of under this section shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or other allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(6) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or other allowance payable in pursuance of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.
(7) Every scheme approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Modifications (not altering text):
C186
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 528(9), not commenced as of date of revision.
Superannuation of staff of Commission
528.— …
(9) A scheme under section 121 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall continue in force and have effect on and after that repeal as if made under this section.
Editorial Notes:
E293
Schemes established under section excluded from application of Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993), art. 6 and sch. C, as substituted (12.02.2019) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2019 (S.I. No. 39 of 2019), reg. 2.
Provision of services by Minister to Board.
122.—(1) For the purposes of enabling the Board to perform its functions, the Minister may provide services (including services of staff) to the Board on such terms and conditions (including payment for such services) as may be agreed and the Board may avail of such services.
(2) The Board may provide services (including services of staff) to the Minister on such terms and conditions (including payment for such services) as may be agreed and the Minister may avail of such services.
Annotations
Modifications (not altering text):
C187
Prospective affecting provision: tranitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 530(5), not commenced as of date of revision.
Provision of services and resources by Minister to Commission or by Commission to Minister
530.— …
(5) The repeal of section 122 of the Act of 2000 by section 6 shall not affect any arrangement for the provision of a service under that section made before that repeal.
Membership of either House of the Oireachtas, etc.
123.—(1) Where a person who is an employee of the Board is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas or the European Parliament, or is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to that Parliament to fill a vacancy, or becomes a member of a local authority, he or she shall stand seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board any remuneration or allowances—
(a) in case he or she is nominated as a member of Seanad Éireann in respect of the period commencing on his or her acceptance of the nomination and ending when he or she ceases to be a member of that House,
(b) in case he or she is nominated for election to either such House or to the European Parliament, or is regarded as having been elected to the European Parliament, in respect of the period commencing on his or her nomination or appointment and ending when he or she ceases to be a member of that House or Parliament or fails to be elected or withdraws his or her candidature, as may be appropriate, or
(c) in case he or she becomes a member of a local authority, in respect of the period commencing on his or her becoming a member of the local authority and ending when he or she ceases to be a member of that authority.
(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming an employee of the Board.
(3) A person who is for the time being a member of a local authority shall, while holding office as such member, be disqualified from becoming an employee of the Board.
Consultants and advisers to Board.
124.—(1) The Board may from time to time engage such consultants or advisers as it considers necessary for the performance of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Board out of moneys at its disposal.
(2) The Board shall include in each report made under section 118 a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.
Chapter III
Appeal Procedures, etc.
Annotations
Modifications (not altering text):
C188
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 535(1), not commenced as of date of revision.
Continued application of Chapter III of Part VI of Act of 2000 for certain purposes
535.—(1) Notwithstanding the repeal of Chapter III of Part VI of the Act of 2000 effected by section 6, that Chapter shall, to the extent that it applied to an application, appeal, referral or request immediately before that repeal, continue to apply and have effect in relation to each such—
(a) application, appeal or referral pending immediately before that repeal, and
(b) request made (but not fully complied with) before that repeal.
...
F566[Appeals, referrals and applications with which the Board is concerned.
125.—F567[(1)] This Chapter shall apply—
(a) to appeals and referrals to the Board, and
(b) to the extent provided, to applications made to the Board F568[under section 37E or section 37L] and any other matter with which the Board may be concerned,
but shall not apply to appeals under section 182(4)(b).]
F567[(2) This Chapter (other than sections 126, 127, 128, 129, 130, 131, 132, 133 and 134) shall apply to—
(a) applications under section 291, and
(b) requests under section 297.]
Annotations
Amendments:
F566
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 20, S.I. No. 684 of 2006.
F567
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 17, S.I. No. 488 of 2022.
F568
Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 6.
Modifications (not altering text):
C189
Para. (b) construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 17, S.I. No. 270 of 2017.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of section 125 (appeals, referrals and applications with which the Board is concerned) of Act of 2000 during specified period
17. Section 125 of the Act of 2000 has effect during the specified period as if the following were substituted for paragraph (b):
“(b) (i) to the extent provided, to applications made to the Board under section 37E or section 37L,
(ii) except where otherwise provided for by the Planning and Development (Housing) and Residential Tenancies Act 2016, to applications made to the Board under section 4 of that Act, and
(iii) to any other matter with which the Board may be concerned,”.
Duty and objective of Board in relation to appeals and referrals.
126.—(1) It shall be the duty of the Board to ensure that appeals and referrals are disposed of as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the determination of appeals and referrals.
(2) Without prejudice to the generality of subsection (1) and subject to subsections (3), (4) and (5), it shall be the objective of the Board to ensure that every appeal or referral is determined within—
(a) a period of 18 weeks beginning on the date of receipt by the Board of the appeal or referral, or
(b) such other period as the Minister may prescribe in accordance with subsection (4), either generally or in respect of a particular class or classes of appeals or referrals.
(3) (a) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of an appeal or referral or because of the number of appeals and referrals which have been submitted to the Board, to determine the appeal or referral within the period referred to in paragraph (a) or (b) of subsection (2), as the case may be, the Board shall, by notice in writing served on the parties to the appeal or referral before the expiration of that period, inform those parties of the reasons why it would not be possible or appropriate to determine the appeal or referral within that period and shall specify the date before which the Board intends that the appeal or referral shall be determined, and shall also serve such notice on each person who has made submissions or observations to the Board in relation to the appeal or referral.
(b) Where a notice has been served under paragraph (a), the Board shall take all such steps as are open to it to ensure that the appeal or referral is determined before the date specified in the notice.
(4) The Minister may by regulations vary the period referred to in subsection (2)(a) either generally or in respect of a particular class or classes of appeals or referrals where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and for so long as such regulations are in force this section shall be construed and have effect in accordance therewith.
(5) Where the Minister considers it to be necessary or expedient that—
(a) appeals from decisions (of a specified class or classes) of planning authorities under section 34, or
(b) referrals of a specified class or classes,
relating to development of a class or classes of special strategic, economic or social importance to the State, be determined as expeditiously as is consistent with proper planning and sustainable development, the Minister may give a direction to the Board to give priority to the class or classes of appeals or referrals concerned, and the Board shall comply with such direction.
(6) The Board shall include in each report made under section 118 a statement of the number of appeals and referrals that it has determined within a period referred to in paragraph (a) or (b) of subsection (2) and such other information as to the time taken to determine appeals and referrals as the Minister may direct.
F569[Time limits for LRD appeals
126A.—(1) Notwithstanding section 126(2), and subject to subsections (3), (4) and (5), the Board shall determine an LRD appeal—
(a) where no oral hearing is held, within 16 weeks of the receipt by the Board of the appeal, or within such other period as may be prescribed under subsection (2),
(b) where an oral hearing is held, within such period as may be prescribed.
(2) The Minister may by regulations extend the period of 16 weeks referred to in subsection (1)(a), either generally or with reference to any particular category of LRD appeals, where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as the regulations are in force, this section shall be construed and have effect in accordance therewith.
(3) Where the Board, within 16 weeks of the receipt of the LRD appeal, serves notice in accordance with regulations under section 142 requiring the applicant to give to the Board further information or to produce evidence in respect of the LRD appeal (referred to in this section as an "FI notice"), the Board shall make its decision on the appeal as follows:
(a) within 4 weeks of the FI notice being complied with; or
(b) if, within the period specified in paragraph (a), having considered the further information given or evidence produced in compliance with the FI notice, the Board—
(i) considers that it contains significant additional data which should be notified to the parties to the appeal, and
(ii) gives notice accordingly in writing to the parties to the appeal,
within 4 weeks beginning on the day on which that notice is given by the Board to the parties to the appeal.
(4) Where, in the case of an LRD appeal of a planning application accompanied by an environmental impact assessment report or a Natura impact statement, the Board serves an FI notice, the Board shall make its decision as follows:
(a) within 8 weeks of the FI notice being complied with; or
(b) if, within the period specified in paragraph (a), having considered the further information given or evidence produced in compliance with the FI notice, the Board—
(i) considers that it contains significant additional data which should be notified to the parties to the appeal, and
(ii) gives notice accordingly in writing to the parties to the appeal, within 8 weeks beginning on the day on which that notice is given by the Board to the parties to the appeal.
(5) Where an environmental impact assessment report is submitted to the Board under section 172(1C), or where a Natura impact statement is submitted to the Board under section 177T(5), the Board shall make its decision on the LRD appeal as follows:
(a) within 8 weeks commencing on the date on which the 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 Board; or
(b) where the Board, within 8 weeks of the receipt of an 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 section 142 requiring the applicant to give to the Board further information in relation to the environmental impact assessment report or Natura impact statement, as the case may be—
(i) 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) if, within the period specified in subparagraph (i), having considered the further information given in compliance with the FI notice, the Board considers that it contains significant additional data which should be notified to the parties to the appeal, and gives notice accordingly in writing to the parties to the appeal, 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 that notice is given by the Board to the parties to the appeal.
(6) A person shall not question the validity of the determination of an LRD appeal by reason only that the appeal was not determined within the time periods specified in, or prescribed under, this section.]
Annotations
Amendments:
F569
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 8, S.I. No. 715 of 2021.
Editorial Notes:
E294
Power pursuant to section exercsied (17.12.2021) by Planning and Development (Large-scale Residential Development) Regulations 2021 (S.I. No. 716 of 2021), in effect as per reg. 2.
F570[Consequences of non-compliance with time limits for LRD appeals
126B.—(1) Where on the expiry of a period specified in section 126A or prescribed under that section, as may be the case, in relation to an LRD appeal the Board has failed to determine the appeal and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Board shall proceed to determine the appeal notwithstanding that the period has expired.
(2) Where it appears to the Board that it would not be possible, because of the particular circumstances of an LRD appeal or because of the number of LRD appeals which have been submitted to the Board, to determine the appeal within the period specified in section 126A or prescribed under that section, as may be the case, in relation to the LRD appeal the Board shall, by notice in writing served on the parties to the appeal before the expiration of that period, inform those parties of the reasons why it would not be possible to determine the appeal within that period and shall specify the date before which the Board intends that the appeal shall be determined, and shall also serve such notice on each person who has made submissions or observations to the Board in relation to the appeal.
(3) Where a notice has been served under subsection (2), the Board shall take all such steps as are open to it to ensure that the appeal is determined before the date specified in the notice.
(4) Where the period specified in subsection (1)(a), (3), (4) or (5), or prescribed under subsection (1)(b) or (2), of section 126A applies to an LRD appeal and the Board fails to determine the appeal within that period it shall pay €10,000 to the applicant for permission.
(5) Any sum payable under this section shall be paid as soon as may be and in any event not later than 4 weeks after it becomes due.
(6) The Board shall include in each report made under section 118 a statement of—
(a) the number of LRD appeals which the Board has determined within each of the time periods referred to in section 126A, and
(b) the number and the aggregate amount of all sums paid (if any) by the Board under subsection (4),
together with such other information as to the time taken to determine LRD appeals as the Minister may direct.]
Annotations
Amendments:
F570
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 8, S.I. No. 715 of 2021.
Provisions as to making of appeals and referrals.
127.—(1) An appeal or referral shall—
(a) be made in writing,
(b) state the name and address of the appellant or person making the referral and of the person, if any, acting on his or her behalf,
(c) state the subject matter of the appeal or referral,
(d) state in full the grounds of appeal or referral and the reasons, considerations and arguments on which they are based,
(e) in the case of an appeal under section 37 by a person who made submissions or observations in accordance with the permission regulations, be accompanied by the acknowledgement by the planning authority of receipt of the submissions or observations,
(f) be accompanied by such fee (if any) as may be payable in respect of such appeal or referral in accordance with section 144, and
(g) be made within the period specified for making the appeal or referral.
(2) (a) An appeal or referral which does not comply with the requirements of subsection (1) shall be invalid.
(b) The requirement of subsection (1)(d) shall apply whether or not the appellant or person making the referral requests, or proposes to request, in accordance with section 134, an oral hearing of the appeal or referral.
(3) Without prejudice to section 131 or 134, an appellant or person making the referral shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of appeal or referral stated in the appeal or referral or to submit further grounds of appeal or referral and any such elaboration, submissions or further grounds of appeal or referral that is or are received by the Board shall not be considered by it.
(4) (a) An appeal or referral shall be accompanied by such documents, particulars or other information relating to the appeal or referral as the appellant or person making the referral considers necessary or appropriate.
(b) Without prejudice to section 132, the Board shall not consider any documents, particulars or other information submitted by an appellant or person making the referral other than the documents, particulars or other information which accompanied the appeal or referral.
(5) An appeal or referral shall be made—
(a) by sending the appeal or referral by prepaid post to the Board,
(b) by leaving the appeal or referral with an employee of the Board at the offices of the Board during office hours (as determined by the Board), or
(c) by such other means as may be prescribed.
F571[Submission of documents, etc. to Board by planning authorities.
128.—(1) Where an appeal or referral is made to the Board the planning authority concerned shall, within a period of 2 weeks beginning on the day on which a copy of the appeal or referral is sent to it by the Board, submit to the Board—
(a) in the case of an appeal under section 37—
(i) a copy of the planning application concerned and of any drawings, maps, particulars, evidence, F572[environmental impact assessment report], other written study or further information received or obtained by it from the applicant in accordance with regulations under this Act,
(ii) a copy of any submission or observation made in accordance with regulations under this Act in respect of the planning application,
(iii) a copy of any report prepared by or for the planning authority in relation to the planning application, and
(iv) a copy of the decision of the planning authority in respect of the planning application and a copy of the notification of the decision given to the applicant,
(b) in the case of any other appeal or referral, any information or documents in its possession which is or are relevant to that matter.
(2) The Board, in determining an appeal or referral, may take into account any fact, submission or observation mentioned, made or comprised in any document or other information submitted under subsection (1).]
Annotations
Amendments:
F571
Substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 21, S.I. No. 525 of 2006.
F572
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. 21, in effect as per reg. 2(1).
Submissions or observations by other parties.
129.—(1) The Board shall, as soon as may be after receipt of an appeal or referral, give a copy thereof to each other party.
(2) (a) Each other party may make submissions or observations in writing to the Board in relation to the appeal or referral within a period of 4 weeks beginning on the day on which a copy of the appeal or referral is sent to that party by the Board.
(b) Any submissions or observations received by the Board after the expiration of the period referred to in paragraph (a) shall not be considered by the Board.
(3) Where no submissions or observations have been received from a party within the period referred to in subsection (2), the Board may without further notice to that party determine the appeal or referral.
(4) Without prejudice to section 131 or 134, a party shall not be entitled to elaborate in writing upon any submissions or observations made in accordance with subsection (2) or make any further submissions or observations in writing in relation to the appeal or referral and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.
Submissions or observations by persons other than parties.
130.—(1) (a) Any person other than a party may make submissions or observations in writing to the Board in relation to an appeal or referral, other than a referral under section 96(5).
(b) Without prejudice to subsection (4), submissions or observations may be made within the period specified in subsection (3) and any submissions or observations received by the Board after the expiration of that period shall not be considered by the Board.
(c) A submission or observation shall—
(i) be made in writing,
(ii) state the name and address of the person making the submission or observation and the name and address of any person acting on his or her behalf,
(iii) state the subject matter of the submission or observation,
(iv) state in full the reasons, considerations and arguments on which the submission or observation is based, and
(v) be accompanied by such fee (if any) as may be payable in accordance with section 144.
(2) Submissions or observations which do not comply with subsection (1) shall be invalid.
(3) The period referred to in subsection (1)(b) is—
(a) where notice of receipt of an F573[environmental impact assessment report] is published in accordance with regulations under section 172(5), the period of 4 weeks beginning on the day of publication of any notice required under those regulations,
(b) where notice is required by the Board to be given under section 142(4), the period of 4 weeks beginning on the day of publication of the required notice,
(c) in any other appeal under this Act, the period of 4 weeks beginning on the day of receipt of the appeal by the Board or, where there is more than one appeal against the decision of the planning authority, on the day on which the Board last receives an appeal, or
(d) in the case of a referral, the period of 4 weeks beginning on the day of receipt by the Board of the referral.
(4) Without prejudice to section 131 or 134, a person who makes submissions or observations to the Board in accordance with this section shall not be entitled to elaborate in writing upon the submissions or observations or make further submissions or observations in writing in relation to the appeal or other matter and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.
F574[(5) Subsections (1)(b) and (4) shall not apply to submissions or observations made by a Member State or another state which is a party to the Transboundary Convention, arising from consultation in accordance with the Environmental Impact Assessment Directive or the Transboundary Convention, as the case may be, in relation to the effects on the environment of the development to which the appeal under section 37 relates.]
Annotations
Amendments:
F573
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. 22, in effect as per reg. 2(1).
F574
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 25, S.I. No. 474 of 2011.
Editorial Notes:
E295
Previous affecting provision: subs. (5) amended (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 42, S.I. No. 405 of 2010; substituted as per F-note above.
Power of Board to request submissions or observations.
131.—Where the Board is of opinion that, in the particular circumstances of an appeal or referral, it is appropriate in the interests of justice to request—
(a) any party to the appeal or referral,
(b) any person who has made submissions or observations to the Board in relation to the appeal or referral, or
(c) any other person or body,
to make submissions or observations in relation to any matter which has arisen in relation to the appeal or referral, the Board may, in its discretion, notwithstanding section 127(3), 129(4), 130(4) or 137(4)(b), serve on any such person F575[, other than the applicant for permission in the case of an LRD appeal,] a notice under this section—
(i) requesting that person, within a period specified in the notice (not being less than 2 weeks or more than 4 weeks beginning on the date of service of the notice) to submit to the Board submissions or observations in relation to the matter in question, and
(ii) stating that, if submissions or observations are not received before the expiration of the period specified in the notice, the Board will, after the expiration of that period and without further notice to the person, pursuant to section 133, determine the appeal or referral.
Annotations
Amendments:
F575
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 10(a), S.I. No. 715 of 2021.
Power of Board to require submission of documents, etc.
132.—(1) Where the Board is of opinion that any document, particulars or other information may be necessary for the purpose of enabling it to determine an appeal or referral, the Board may, in its absolute discretion, serve on any party, or on any person who has made submissions or observations to the Board in relation to the appeal or referral, as appropriate, F576[, other than the applicant for permission in the case of an LRD appeal,] a notice under this section—
(a) requiring that person, within a period specified in the notice (being a period of not less than 2 weeks beginning on the date of service of the notice) to submit to the Board such document, particulars or other information as is specified in the notice, and
(b) stating that, in default of compliance with the requirements of the notice, the Board will, after the expiration of the period so specified and without further notice to the person, pursuant to section 133, dismiss or otherwise determine the appeal or referral.
(2) Nothing in this section shall be construed as affecting any other power conferred on the Board under this Act to require the submission of further or additional information or documents.
Annotations
Amendments:
F576
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 10(b), S.I. No. 715 of 2021.
Powers of Board where notice served under section 131 or 132.
133.—Where a notice has been served under section 131 or 132, the Board, at any time after the expiration of the period specified in the notice, may, having considered any submissions or observations or document, particulars or other information submitted by the person on whom the notice has been served, without further notice to that person determine or, in the case of a notice served under section 132, dismiss the appeal or referral.
F577[Oral hearings of appeals, referrals and applications.
134.—(1) The Board may in its absolute discretion, hold an oral hearing of an appeal, a referral under section 5 or an application under section 37E.
(2) (a) A party to an appeal or a referral under section 5 or an applicant under section 37E or any person who makes a submission or observation under section 37E may request an oral hearing of the appeal, referral or application, as appropriate.
(b) (i) A request for an oral hearing of an appeal, referral or application shall be made in writing to the Board and shall be accompanied by such fee (if any) as may be payable in respect of the request in accordance with section 144.
(ii) A request for an oral hearing of an appeal, referral or application which is not accompanied by such fee (if any) as may be payable in respect of the request shall not be considered by the Board.
(c) (i) A request by an appellant for an oral hearing of an appeal under section 37 shall be made within the appropriate period referred to in that section and any request received by the Board after the expiration of that period shall not be considered by the Board.
(ii) Where a provision of this Act, other than sections 37 and 254(6), authorising an appeal to the Board enables the appeal only to be made within, or before the expiration of, a specified period or before a specified day, a request by an appellant for an oral hearing of an appeal may only be made within, or before the expiration of, the specified period or before the specified day and any request for an oral hearing not so received by the Board shall not be considered by the Board.
(iii) A request by a person making a referral, by an applicant under section 37E or by an appellant under section 254(6) for an oral hearing of the referral, application or appeal, as the case may be, shall accompany the referral, application or appeal, and any request for an oral hearing received by the Board, other than a request which accompanies the referral, application or appeal, shall not be considered by the Board.
(d) A request by a party to an appeal or referral other than the appellant, or by a person who makes a submission or observation in relation to an application under section 37E, for an oral hearing shall be made—
(i) in respect of an appeal or referral, within the period referred to in section 129(2)(a) within which the party may make submissions or observations to the Board in relation to the appeal or referral,
(ii) in respect of an application under section 37E, within the period specified in a notice under that section within which the person may make submissions or observations to the Board in relation to the application,
and any such request received by the Board after the expiration of that period shall not be considered by the Board.
(3) Where the Board is requested to hold an oral hearing of an appeal, referral or application and decides to determine the appeal, referral or application without an oral hearing, the Board shall serve notice of its decision on—
(a) the person who requested the hearing and on each other party to the appeal or referral or, as appropriate, (unless he or she was the requester) the applicant under section 37E, and
(b) each person who has made submissions or observations to the Board in relation to the appeal, referral or application (not being the person who was the requester).
(4) (a) A request for an oral hearing may be withdrawn at any time.
(b) Where, following a withdrawal of a request for an oral hearing under paragraph (a), the appeal, referral or application falls to be determined without an oral hearing, the Board shall give notice that it falls to be so determined—
(i) to each other party to the appeal or referral or, as appropriate, (unless he or she was the person who withdrew the request) the applicant under section 37E, and
(ii) to each person who has made submissions or observations to the Board in relation to the appeal, referral or application (not being the person who withdrew the request).]
Annotations
Amendments:
F577
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 22, S.I. No. 684 of 2006.
Modifications (not altering text):
C190
Section construed during specified period (3.07.2017 to 31.12.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 18, S.I. No. 270 of 2017 and S.I. No. 598 of 2019.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of section 134 (oral hearings of appeals, referrals and applications) of Act of 2000 during specified period
18. Section 134 of the Act of 2000 has effect during the specified period—
(a) as if the following were substituted for subsection (1):
“(1) (a) The Board may in its absolute discretion, hold an oral hearing of an appeal, a referral under section 5, an application under section 37E or, subject to paragraph (b), an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016.
(b) Before deciding if an oral hearing for an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016 should be held, the Board—
(i) shall have regard to the exceptional circumstances requiring the urgent delivery of housing as set out in the Action Plan for Housing and Homelessness, and
(ii) shall only hold an oral hearing if it decides, having regard to the particular circumstances of the application, that there is a compelling case for such a hearing.
(c) In paragraph (b) ‘Action Plan for Housing and Homelessness’ means the document entitled ‘Rebuilding Ireland - Action Plan for Housing and Homelessness’ published by the Government on 19 July 2016.”,
(b) as if in subsection (2)(a) “, or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 37E” where it first occurs,
(c) as if in subsection (2)(a) “or under the said section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E” where it last occurs,
(d) as if in subsection (2)(c)(iii) “, or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 254(6) ”,
(e) as if in subsection (2)(d) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E” where it first occurs,
(f) as if in subsection (2)(d) there were inserted the following after subparagraph (ii):
“(iii) in respect of an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016, within the period specified in a notice under section 8 of that Act within which the person may make submissions or observations to the Board in relation to the application,”,
(g) as if in subsection (3)(a) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E”, and
(h) as if in subsection (4)(b)(i) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E”.
Editorial Notes:
E296
Previous affecting provision: subsection inserted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(c), S.I. No. 458 of 2001; substituted as per F-note above.
F578[ Further power to hold oral hearings.
134A.—(1) Where the Board considers it necessary or expedient for the purposes of making a determination in respect of any of its functions under this Act or any other enactment, it may, in its absolute discretion, hold an oral hearing and shall, in addition to any other requirements under this Act or other enactment, as appropriate, consider the report and any recommendations of the person holding the oral hearing before making such determination.
(2) Section 135 shall apply to any oral hearing held in accordance with subsection (1) and that section shall be construed accordingly.
(3) This section is in addition to section 134.]
Annotations
Amendments:
F578
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 22, S.I. No. 684 of 2006.
Supplemental provisions relating to oral hearings.
135.—F579[(1) The Board or an employee of the Board duly authorised by the Board may assign a person to conduct an oral hearing of an appeal, referral or application on behalf of the Board.
(2) The person conducting an oral hearing of an appeal, referral or application shall have discretion as to the conduct of the hearing and shall conduct the hearing expeditiously and without undue formality (but subject to any direction F580[given by the Board under subsection (2A) or (2AB))].
(2A) The Board may give a direction to the person conducting an oral hearing that he or she shall require persons intending to appear at the hearing to submit to him or her, in writing and in advance of the hearing, the points or a summary of the arguments they propose to make at the hearing; where such a direction is given that person shall comply with it (and, accordingly, is enabled to make such a requirement).
F581[(2AB) The Board may in its absolute discretion, following a recommendation in relation to the matter from a person assigned to make a written report under section 146, give a direction to a person assigned to conduct an oral hearing that he or she shall allow points or arguments in relation to specified matters only during the oral hearing.
(2AC) Where a direction is given by the Board under subsection (2AB) the person to whom it is given shall comply with the direction unless that person forms the opinion that it is necessary, in the interests of observing fair procedures, to allow a point or an argument to be made during the oral hearing in relation to matters not specified in the direction.
(2AD) The Board shall give a notice of its direction under subsection (2AB) to—
(a) each party, in the case of an appeal or referral,
(b) the applicant and planning authority in the case of an application—
(i) under this Act,
(ii) for a railway order under the Act of 2001, or
(iii) for approval under section 51 of the Roads Act 1993, and
(c) each person who has made objections, submissions or observations to the Board in the case of an appeal, referral or application.
(2AE) The points or summary of the arguments that a person intending to appear at the oral hearing shall submit to the person conducting the hearing, where a direction has been given under subsection (2A) or (2AB), shall be limited to points or arguments in relation to matters specified in the direction under subsection (2AB).]
(2B) Subject to the foregoing provisions, the person conducting the oral hearing—
(a) shall decide the order of appearance of persons at the hearing,
(b) shall permit any person to appear in person or to be represented by another person,
(c) may limit the time within which each person may make points or arguments (including arguments in refutation of arguments made by others at the hearing), or question the evidence of others, at the hearing,
(d) may refuse to allow the making of a point or an argument if—
(i) the point or a summary of the argument has not been submitted in advance to the person in accordance with a requirement made pursuant to a direction given under subsection (2A),
(ii) the point or argument is not relevant to the subject matter of the hearing, or
(iii) it is considered necessary so as to avoid undue repetition of the same point or argument,
F581[(dd) may refuse to allow the making of a point or an argument in relation to any matter where—
(i) a direction has been given under subsection (2AB) and the matter is not specified in the direction, and
(ii) he or she has not formed the opinion referred to in subsection (2AC).]
(e) may hear a person other than a person who has made submissions or observations to the Board in relation to the subject matter of the hearing if it is considered appropriate in the interests of justice to allow the person to be heard.
(3) A person conducting an oral hearing of any appeal, application or referral may require any officer of a planning authority or a local authority to give to him or her any information in relation to the appeal, application or referral which he or she reasonably requires for the purposes of the appeal, application or referral, and it shall be the duty of the officer to comply with the requirement.]
(4) A person conducting an oral hearing of any F579[appeal, referral or application] may take evidence on oath or affirmation and for that purpose may administer oaths or affirmations, and a person giving evidence at any such hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.
(5) (a) Subject to paragraph (b), the Board in relation to an oral hearing of any F579[appeal, referral or application] may, by giving notice in that behalf in writing to any person, require that person to do either or both of the following:
(i) to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing;
(ii) to produce any books, deeds, contracts, accounts, vouchers, maps, plans, documents or other information in his or her possession, custody or control which relate to any such matter.
(b) Where a person is given a notice under paragraph (a):
(i) the Board shall pay or tender to any person whose attendance is required such reasonable subsistence and travelling expenses to be determined by the Board in accordance with the rates for the time being applicable to senior planning authority officials;
(ii) any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him or her, be paid those expenses by the Board, and those expenses shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
(6) Every person to whom a notice under subsection (5) has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any document or other information to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document or other information to which the notice relates shall be guilty of an offence.
(7) Where any person—
(a) wilfully gives evidence which is material to the oral hearing and which he or she knows to be false or does not believe to be true,
(b) by act or omission, obstructs or hinders the person conducting the oral hearing in the performance of his or her functions,
(c) refuses to take an oath or to make an affirmation when legally required to do so by a person holding the oral hearing.
(d) refuses to answer any question to which the person conducting an oral hearing may legally require an answer, or
(e) does or omits to do any other thing which, if the inquiry had been by the High Court, would have been contempt of that court,
the person shall be guilty of an offence.
(8) (a) An oral hearing may be conducted through the medium of the Irish or the English language.
(b) Where an oral hearing relates to development within the Gaeltacht, the hearing shall be conducted through the medium of the Irish language, unless the parties to the F579[appeal, referral or application] to which the hearing relates agree that the hearing should be conducted in English.
(c) Where an oral hearing relates to development outside the Gaeltacht, the hearing shall be conducted through the medium of the English language, unless the parties to the F579[appeal, referral or application] to which the hearing relates agree that the hearing should be conducted in the Irish language.
Annotations
Amendments:
F579
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 23, S.I. No. 684 of 2006.
F580
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 26(a), S.I. No. 474 of 2011.
F581
Inserted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 26(b) and (c), S.I. No. 474 of 2011.
Editorial Notes:
E297
Previous affecting provision: section amended by Planning and Development (Amendment) Act 2010 (30/2010), s. 43, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
E298
Previous affecting provision: original version of subs. (2) substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 23, S.I. No. 684 of 2006; substituted as per F-note above.
Convening of meetings on referrals.
136.—(1) Where it appears to the Board to be expedient or convenient for the purposes of determining a referral under section 34(5), 96(5) or 193(2), the Board may, in its absolute discretion, convene a meeting of the parties.
(2) The Board shall keep a record in writing of a meeting convened in accordance with this section and a copy of the record shall be placed and kept with the documents to which the referral concerned relates and, where the referral is connected with an appeal, with the documents to which the appeal concerned relates.
Matters other than those raised by parties.
137.—(1) The Board in determining an appeal or referral may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in relation to the appeal or referral if the matters are matters to which, by virtue of this Act, the Board may have regard.
(2) The Board shall give notice in writing to each of the parties and to each of the persons who have made submissions or observations in relation to the appeal or referral of the matters that it proposes to take into account under subsection (1) and shall indicate in that notice—
(a) in a case where the Board proposes to hold an oral hearing of the appeal or referral, or where an oral hearing of the appeal or referral has been concluded and the Board considers it expedient to re-open the hearing, that submissions in relation to the matters may be made to the person conducting the hearing, or
(b) in a case where the Board does not propose to hold an oral hearing of the appeal or referral, or where an oral hearing of the appeal or referral has been concluded and the Board does not consider it expedient to re-open the hearing, that submissions or observations in relation to the matters may be made to the Board in writing within a period specified in the notice (being a period of not less than 2 weeks or more than 4 weeks beginning on the date of service of the notice).
(3) Where the Board has given notice, in accordance with subsection (2)(a), the parties and any other person who is given notice shall be permitted, if present at the oral hearing, to make submissions to the Board in relation to the matters which were the subject of the notice or which, in the opinion of the person conducting the hearing, are of relevance to the appeal or referral.
(4) (a) Submissions or observations that are received by the Board after the expiration of the period referred to in subsection (2)(b) shall not be considered by the Board.
(b) Subject to section 131, where a party or a person referred to in subsection (1) makes submissions or observations to the Board in accordance with subsection (2)(b), that party or person shall not be entitled to elaborate in writing upon those submissions or observations or make further submissions or observations in writing in relation to the matters referred to in subsection (1) and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.
Board may dismiss appeals or referrals if vexatious, etc.
138.—(1) The Board shall have an absolute discretion to dismiss an appeal or referral—
F582[(a) where, having considered the grounds of appeal or referral or any other matter to which, by virtue of this Act, the Board may have regard in dealing with or determining the appeal or referral, the Board is of the opinion that the appeal or referral—
(i) is vexatious, frivolous or without substance or foundation, or
(ii) is made with the sole intention of delaying the development or the intention of securing the payment of money, gifts, consideration or other inducement by any person,]
or
(b) where, the Board is satisfied that, in the particular circumstances, the appeal or referral should not be further considered by it having regard to—
(i) the nature of the appeal (including any question which in the Board’s opinion is raised by the appeal or referral), or
(ii) any previous permission which in its opinion is relevant.
(2) A decision made under this section shall state the main reasons and considerations on which the decision is based.
(3) The Board may, in its absolute discretion, hold an oral hearing under section 134 to determine whether an appeal or referral is made with an intention referred to in subsection (1)(a)(ii).
Annotations
Amendments:
F582
Substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 24, S.I. No. 525 of 2006.
Appeals against conditions.
139.—(1) Where—
(a) an appeal is brought against a decision of a planning authority to grant a permission,
(b) the appeal relates only to a condition or conditions that the decision provides that the permission shall be subject to, and
(c) the Board is satisfied, having regard to the nature of the condition or conditions, that the determination by the Board of the relevant application as if it had been made to it in the first instance would not be warranted,
then, subject to compliance by the Board with subsection (2), the Board may, in its absolute discretion, give to the relevant planning authority such directions as it considers appropriate relating to the attachment, amendment or removal by that authority either of the condition or conditions to which the appeal relates or of other conditions.
(2) In exercising the power conferred on it by subsection (1), apart from considering the condition or conditions to which the relevant appeal relates, the Board shall be restricted to considering—
F583[(a) the matters to which a planning authority shall have regard specified in paragraph (a) of subsection (2) of section 34,]
F584[(aa) in the case of the appeal of a decision of a planning authority in respect of development to which Chapter II of Part XXI applies or proposed such development, the matters referred to in paragraph (a) and the matters to which a planning authority shall have regard specified in subsection (2) of section 282,]
(b) the terms of any previous permission considered by the Board to be relevant.
Annotations
Amendments:
F583
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 18, S.I. No. 488 of 2022.
F584
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 18, S.I. No. 488 of 2022.
Withdrawal of appeals, applications and referrals.
140.—F585[F586[(1) (a)A person who has made—
(i) an appeal,
(ii) a planning application to which an appeal relates,
(iii) a referral,
(iv) an application for permission or approval (as may be appropriate) in respect of a strategic infrastructure development, or
(v) an application for permission under section 37L F587[or 291],
may withdraw, in writing, the appeal, application or referral at any time before that appeal, application, or referral is determined by the Board.]
(b) As soon as maybe after receipt of a withdrawal, the Board shall notify each other party or person who has made submissions or observations on the appeal, application or referral of the withdrawal.]
(2) (a) Without prejudice to subsection (1), where the Board is of the opinion that an appeal or a planning application to which an appeal relates, F588[an application for permission or approval (as may be appropriate) F586[in respect of a strategic infrastructure development, an application for permission under section 37L] F587[or 291],] or a referral has been abandoned, the Board may serve on the person who made the appeal, application or referral, as appropriate, a notice stating that opinion and requiring that person, within a period specified in the notice (being a period of not less than two weeks or more than four weeks beginning on the date of service of the notice) to make to the Board a submission in writing as to why the appeal, application or referral should not be regarded as having been withdrawn.
(b) Where a notice has been served under paragraph (a), the Board may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Board pursuant to the notice, declare that the appeal, application or referral, as appropriate, shall be regarded as having been withdrawn.
(3) Where, pursuant to this section, a person withdraws a planning application to which an appeal relates, or the Board declares that an application is to be regarded as having been withdrawn, the following provisions shall apply as regards the application:
(a) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board, and
(b) notwithstanding any previous decision under section 34 by a planning authority as regards the application, no permission shall be granted under that section by the authority on foot of the application.
Annotations
Amendments:
F585
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 25(a), S.I. No. 684 of 2006.
F586
Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 7.
F587
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 19, S.I. No. 488 of 2022.
F588
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 25(b), S.I. No. 684 of 2006.
Time for decisions and appeals, etc.
141.—(1) Where a requirement of or under this Act requires a planning authority or the Board to give a decision within a specified period and the last day of that period is a public holiday (within the meaning of the F589[Organisation of Working Time Act, 1997]) or any other day on which the offices of the planning authority or the Board are closed, the decision shall be valid if given on the next following day on which the offices of the planning authority or Board, as the case may be, are open.
(2) Where the last day of the period specified for making an appeal or referral is a Saturday, a Sunday, a public holiday (within the meaning of the F589[Organisation of Working Time Act, 1997]) or any other day on which the offices of the Board are closed, an appeal or referral shall (notwithstanding any other provision of this Act) be valid as having been made in time if received by the Board on the next following day on which the offices of the Board are open.
(3) Where a requirement of or under this Act requires submissions, observations or a request to be made, or documents, particulars or other information to be submitted, to the Board within a specified period and the last day of that period is a public holiday (within the meaning of the F589[Organisation of Working Time Act, 1997]) or any other day on which the offices of the Board are closed, the submissions, observations or request of documents, particulars or other information (as the case may be) shall be regarded as having been received before the expiration of that period if received by the Board on the next following day on which the offices of the Board are open.
Annotations
Amendments:
F589
Substituted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(d), S.I. No. 458 of 2001.
Regulations regarding appeals and referrals.
142.—(1) The Minister may by regulations—
(a) provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of appeals as appear to the Minister to be necessary or expedient, and
(b) make such provision as regards procedure in respect of referrals as appear to the Minister to be necessary or expedient.
(2) Without prejudice to the generality of subsection (1), regulations under this section may enable the Board where it is determining an appeal under section 37 to invite an applicant and enable an applicant so invited to submit to the Board revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the appeal relates.
(3) Where plans, drawings or particulars referred to in subsection (2) are submitted to the Board in accordance with regulations under this section, the Board may, in determining the appeal, grant a permission for the relevant development as modified by all or any of the plans, drawings or particulars.
(4) Without prejudice to the generality of subsection (1), the Board may require any party to an appeal or referral to give such public notice in relation thereto as the Board may specify and, in particular, may require notice to be given at the site or by publication in a newspaper circulating in the district in which the land or structure to which the appeal or referral relates is situate.
F590[(6) Regulations under this section may make different provision with respect to appeals in relation to applications for permission for development made by the Central Bank of Ireland in the cases referred to in section 33(5), and such regulations may make provision modifying the operation of sections 132 and 146 in relation to such appeals.]
F591[(7) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) provide that the Board, where it is determining an LRD appeal, may, generally or in specified circumstances, serve a notice on the applicant for permission, requesting the applicant to submit such further information, or type of information, with respect to the appeal as may be prescribed in the regulations, within such time as may be specified in the notice, and
(b) require such applicant to submit further information in accordance such a request.]
Annotations
Amendments:
F590
Inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 90(b), S.I. No. 287 of 2013.
F591
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 11, S.I. No. 715 of 2021.
Modifications (not altering text):
C191
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 535(2), not commenced as of date of revision.
Continued application of Chapter III of Part VI of Act of 2000 for certain purposes
535.—(1) Notwithstanding the repeal of Chapter III of Part VI of the Act of 2000 effected by section 6, that Chapter shall, to the extent that it applied to an application, appeal, referral or request immediately before that repeal, continue to apply and have effect in relation to each such—
(a) application, appeal or referral pending immediately before that repeal, and
(b) request made (but not fully complied with) before that repeal.
(2) Regulations under section 142 of the Act of 2000 shall, to such extent only as is necessary for the purposes of subsection (1), continue in force and have effect on and after the repeal of that section by section 6.
Editorial Notes:
E299
There is no subs. (5) in the Act as enacted or amended.
E300
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E301
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
F592[Board to have regard to certain policies and objectives.
143.—(1) F593[The Board shall, in the performance of its functions (other than functions conferred by Chapter III of Part XXI), have regard to]—
(a) the policies and objectives for the time being of the Government, a State authority, the Minister, planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas, whether urban or rural,
(b) the national interest and any effect the performance of the Board’s functions may have on issues of strategic economic or social importance to the State, and
(c) the F594[National Planning Framework] and any F595[regional spatial and economic strategy] for the time being in force.
(2) In this section "public authority" means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section.]
Annotations
Amendments:
F592
Substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 26, S.I. No. 525 of 2006.
F593
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 20, S.I. No. 488 of 2022.
F594
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. no. 10, S.I. No. 436 of 2018.
F595
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 80, S.I. No. 214 of 2014.
Fees payable to Board.
144.—F596[(1) The Board may determine fees that may be charged, subject to the approval of the Minister, in relation to any matter referred to in subsection (1A) and a fee as so determined shall be payable to the Board by any person concerned as appropriate.
(1A) The matters in relation to which the Board may determine fees under subsection (1) are:
(a) an appeal or referral;
F597[(aa) an appeal to the Board under Part 2 of the Urban Regeneration and Housing Act 2015;]
(b) an application to the Board for any strategic infrastructure development or an application for leave to appeal under section 37(6)(a);
F598[(bb) an application under section 291 or a request under section 297;]
(c) an application for a consultation under section 37B, 181C, or 182E or under section 47B of the Act of 2001;
F599[(cc) the provision of an opinion or notification under section 37CD or 182G,]
F600[(cd) the provision of an opinion or notification under section 287B,]
(d) a request under section 146B;
(e) a request for a written opinion on the information to be contained in an environmental impact assessment under section 173(3), under section 39 of the Act of 2001 or under section 50 of the Roads Act 1993;
(f) F601[…] an application for substitute consent under Part XA;
(g) submission of an F602[environmental impact assessment report] in accordance with a request by the Board to furnish same;
(h) submission of a Natura impact statement in accordance with a request by the Board to furnish same;
F603[(ha) a determination review or an application referral under section 176C;]
(i) request for an oral hearing under section 134 or 177Q; and
(j) making a submission or observation under section 37E, 37F, 130, 135(2B)(e), 146B, 146C, 146D, 175, 181A, 182A, 182C, 217B, or 226, F598[or pursuant to a notice under section 291 or 297 or an invitation under section 292, or under] section 51 of the Roads Act 1993, section 40 (other than by persons required to be served with a notice under section 40(1)(d)), section 41, or section 47D of the Act of 2001 or making an objection under section 48 of the Roads Act 1993 (other than by persons on whom notice is served under F604[section 48(b));]
F605[(k) an appeal under section 10 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 against a relevant regulatory decision within the meaning of that section.]
(1B) The Board may, subject to the approval of the Minister, provide for the payment of different fees in relation to different classes or descriptions of matters referred to in subsection (1A)(a) to (j), for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances.]
(2) The Board shall review the fees determined under subsection (1) from time to time, but at least every three years, having regard to any change in the consumer price index since the determination of the fees for the time being in force, and may amend the fees to reflect the results of that review, without the necessity of the Minister’s approval under subsection (1).
(3) For the purposes of this section, “change in the consumer price index” means the difference between the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the determination under this section and the said number last published before the date of the review under subsection (2), expressed as a percentage of the last-mentioned number.
(4) Where the Board determines or amends fees in accordance with this section, it shall give notice of the fees in at least one newspaper circulating in the State, not less than 8 weeks before the fees come into effect.
(5) Fees determined in accordance with regulations under section 10(1)(b) of the Act of 1982 shall continue to be payable to the Board in accordance with those regulations until such time as the Board determines fees in accordance with this section.
(6) The Board shall specify fees for the making of copies under section 5(6)(a), not exceeding the cost of making the copies.
Annotations
Amendments:
F596
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 44, S.I. No. 477 of 2010.
F597
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 30, S.I. No. 436 of 2018.
F598
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 21, S.I. No. 488 of 2022.
F599
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 24(a), S.I. No. 645 of 2023.
F600
Inserted (1.10.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 71, S.I. No. 487 of 2022.
F601
Deleted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 24(b), S.I. No. 645 of 2023.
F602
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. 23, in effect as per reg. 2(1).
F603
Inserted (1.01.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 27(b), S.I. No. 588 of 2018.
F604
Substituted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 14(a), S.I. No. 403 of 2019.
F605
Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 14(b), S.I. No. 403 of 2019.
Modifications (not altering text):
C192
Subs. (1A) construed in relation to fees payable relating to proposed strategic housing developments (2.02.2017) and during specified period (3.07.2017 to 31.12.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 19, S.I. No. 31 of 2017, S.I. No. 270 of 2017 and S.I. No. 598 of 2019.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of section 144 (fees payable to Board) of Act of 2000 during specified period
19. Subsection (1A) of section 144 of the Act of 2000 has effect during the specified period—
(a) as if in paragraph (b) “or for any strategic housing development (within the meaning of section 3 of the Planning and Development (Housing) and Residential Tenancies Act 2016)” were inserted after “for any strategic infrastructure development”,
(b) as if in paragraph (c) “or a request for a consultation under section 5 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “the Act of 2001”,
(c) as if there were inserted the following after paragraph (d):
“(da) a request for a determination under section 7(1)(a) of the Planning and Development (Housing) and Residential Tenancies Act 2016;”,
(d) as if in paragraph (e) “or under section 7(1)(b) of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 173(3),”,
(e) as if there were inserted the following after paragraph (e):
“(ea) a request for an opinion in writing on what information will be required to be contained in a Natura impact statement under section 7(1)(b) of the Planning and Development (Housing) and Residential Tenancies Act 2016;”,
and
(f) as if in paragraph (j) “section 8 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 226,”.
Editorial Notes:
E302
Previous affecting provision: subs. (1) amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 27, S.I. No. 684 of 2006; substituted as per F-note above.
Expenses of appeal or referral.
145.—(1) Where an appeal or referral is made to the Board—
(a) the Board, if it so thinks proper and irrespective of the result of the appeal or referral, may direct the planning authority to pay—
(i) to the appellant or person making the referral, such sum as the Board, in its absolute discretion, specifies as compensation for the expense occasioned to him or her in relation to the appeal or referral, and
(ii) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the appeal or referral,
and
F606[(b) in case—
(i) the decision of the planning authority in relation to an appeal or referral is confirmed or varied and the Board, in determining the appeal or referral, does not accede in substance to the grounds of appeal or referral, or
(ii) the appeal or referral is decided, dismissed under section 138 or withdrawn under section 140 and the Board, in any of those cases, considers that the appeal or referral was made with the intention of delaying the development or securing a monetary gain by a party to the appeal or referral or any other person,
the Board may, if it so thinks proper, direct the appellant or person making the referral to pay—
(I) to the planning authority, such sum as the Board, in its absolute discretion, specifies as compensation to the planning authority for the expense occasioned to it in relation to the appeal or referral,
(II) to any of the other parties to the appeal or referral, such sum as the Board, in its absolute discretion, specifies as compensation to the party for the expense occasioned to him or her in relation to the appeal or referral, and
(III) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the appeal or referral.]
(2) Any sum directed under this section to be paid shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
Annotations
Amendments:
F606
Substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 28, S.I. No. 525 of 2006.
Reports and documents of the Board.
146.—(1) The Board or an employee of the Board duly authorised by the Board may in connection with the performance of any of the Board’s functions under this Act, assign a person to report on any matter on behalf of the Board.
(2) A person assigned in accordance with subsection (1) shall make a written report on the matter to the Board, which shall include a recommendation, and the Board shall consider the report and recommendation before determining the matter.
F607[(3) Where, during the consideration by it of any matter falling to be decided by it in performance of a function under or transferred by this Act or any other enactment, the Board either—
(a) is required by or under this Act or that other enactment to supply to any person documents, maps, particulars or other information in relation to the matter, or
(b) considers it appropriate, in the exercise of its discretion, to supply to any person such documents, maps, particulars or information ("relevant material or information"),
subsection (4) applies as regards compliance with that requirement or such supply in the exercise of that discretion.
F608[(4) It shall be sufficient compliance with the requirement referred to in subsection (3) for the Board—
(a) where an environmental impact assessment report or a remedial environmental impact assessment report (as construed in accordance with section 177F), or both such reports, is or are, as the case may be, submitted with an application or request, or any such report is received by the Board in the course of considering an application, request or appeal, to place on its website for inspection and make available for inspection and purchase by members of the public at the offices of the Board from as soon as may be after receipt of such report—
(i) the application, request or appeal, as the case may be,
(ii) the environmental impact assessment report or remedial environmental impact assessment report, or both such reports, as the case may be,
(iii) the notice or notices, as the case may be, published in one or more newspapers circulating in the area in which it is proposed to carry out the development, or in which the development is located, indicating the nature and location of the proposed development or development, as the case may be,
(iv) any further information furnished by, or alterations to the terms of the development made by, or a revised environmental impact assessment report or a revised remedial environmental impact assessment report (as construed in accordance with section 177F), or both such reports, as the case may be, furnished by, the person who is proposing to carry out or who has carried out the development, as the case may be, and
(v) any other relevant material or information, or
(b) in any other case, to do both of the following (or, as appropriate, the Board, in the exercise of the discretion referred to in subsection (3), may do both of the following):
(i) make the relevant material or information available for inspection—
(I) at the offices of the Board or any other place, or
(II) by electronic means; and
(ii) notify the person concerned that the relevant material or information is so available for inspection.]
(5) Within 3 days following the making of a decision on any matter falling to be decided by it in performance of a function under or transferred by this Act or under any other enactment, the documents relating to the matter—
(a) shall be made available by the Board for inspection at the offices of the Board by members of the public, and
(b) may be made available by the Board for such inspection—
(i) at any other place, or
(ii) by electronic means,
as the Board considers appropriate.
(6) Copies of the documents referred to in subsection (5) and of extracts from such documents shall be made available for purchase at the offices of the Board, or such other places as the Board may determine, for a fee not exceeding the reasonable cost of making the copy.
F609[(7) The documents referred to in subsection (5) shall—
(a) where an environmental impact assessment was carried out, be made available for inspection on the Board’s website in perpetuity beginning on the third day following the making by the Board of the decision on the matter concerned, or
(b) where no environmental impact assessment was carried out, be made available by the means referred to in subsection (5)(b) for a period of at least 5 years beginning on the third day following the making by the Board of the decision on the matter concerned.]]
Annotations
Amendments:
F607
Substituted and inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 29, S.I. No. 684 of 2006.
F608
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 12(a), in effect as per reg. 2(1).
F609
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 12(b), in effect as per reg. 2(1).
Chapter IV
Additional powers of Board in relation to permissions, decisions, approvals, etc.
Amendments of permissions, etc. of clerical or technical nature.
146A.—(1) Subject to subsection (2)—
(a) a planning authority or the Board, as may be appropriate, may amend a planning permission granted by it, or
(b) the Board may amend any decision made by it in performance of a function under or transferred by this Act or under any other enactment,
for the purposes of—
(i) correcting any clerical error therein,
(ii) facilitating the doing of any thing pursuant to the permission or decision where the doing of that thing may reasonably be regarded as having been contemplated by a particular provision of the permission or decision or the terms of the permission or decision taken as a whole but which was not expressly provided for in the permission or decision, or
(iii) otherwise facilitating the operation of the permission or decision.
(2) A planning authority or the Board shall not exercise the powers under subsection (1) if to do so would, in its opinion, result in a material alteration of the terms of the development, the subject of the permission or decision concerned.
(3) A planning authority or the Board, before it decides whether to exercise the powers under subsection (1) in a particular case, may invite submissions in relation to the matter to be made to it by any person who made submissions or observations to the planning authority or the Board in relation to the permission or other matter concerned, and shall have regard to any submissions made to it on foot of that invitation.
(4) In this section "term" includes a condition.]
Annotations
Amendments:
F610
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 30, S.I. No. 684 of 2006.
F611[Alteration by Board of strategic infrastructure development on request made of it.
146B.—(1) Subject to subsections (2) to (8) and section 146C, the Board may, on the request of any person who is carrying out or intending to carry out a strategic infrastructure development, alter the terms of the development the subject of a planning permission F612[other than a development for which permission was granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016], approval or other consent granted under this Act.
(2) (a) As soon as practicable after the making of such a request, the Board shall make a decision as to whether the making of the alteration to which the request relates would constitute the making of a material alteration of the terms of the development concerned.
(b) Before making a decision under this subsection, the Board may invite submissions in relation to the matter to be made to it by such person or class of person as the Board considers appropriate (which class may comprise the public if, in the particular case, the Board determines that it shall do so); the Board shall have regard to any submissions made to it on foot of that invitation.
F613[(3)(a) If the Board decides that the making of the alteration would not constitute the making of a material alteration of the terms of the development concerned, it shall alter the planning permission, approval or other consent accordingly and notify the person who made the request under this section, and the planning authority or each planning authority for the area or areas concerned, of the alteration.
(b) If the Board decides that the making of the alteration would constitute the making of such a material alteration, it shall—
(i) by notice in writing served on the requester, require the requester to submit to the Board the information specified in Schedule 7A to the Planning and Development Regulations 2001 in respect of that alteration, or in respect of the alternative alteration being considered by it under subparagraph (ii)(II), unless the requester has already provided such information, or an environmental impact assessment report on such alteration or alternative alteration, as the case may be, to the Board, and
(ii) following the receipt of such information or report, as the case may be, determine whether to—
(I) make the alteration,
(II) make an alteration of the terms of the development concerned, being an alteration that would be different from that to which the request relates (but which would not, in the opinion of the Board, represent, overall, a more significant change to the terms of the development than that which would be represented by the latter alteration), or
(III) refuse to make the alteration.]
F614[(3A) Where the requester is submitting to the Board the information referred to in subsection (3)(b)(i), that information shall be accompanied by any further relevant information on the characteristics of the alteration under consideration and its likely significant effects on the environment including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.
(3B) Where the requester is submitting to the Board the information referred to in subsection (3)(b)(i), that information may be accompanied by a description of the features, if any, of the alteration under consideration and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the alteration.]
(4) Before making a F615[determination under subsection (3)(b)(ii)], the Board shall determine whether the extent and character of—
(a) the alteration requested under subsection (1), and
(b) any alternative alteration it is considering under F616[subsection (3)(b)(ii)(II)]
are such that the alteration, were it to be made, would be likely to have significant effects on the environment (and, for this purpose, the Board shall have reached a final decision as to what is the extent and character of any alternative alteration the making of which it is so considering).
F617[(4A)(a) Subject to paragraph (b), within 8 weeks of receipt of the information referred to in subsection (3)(b)(i), the Board shall make its determination under subsection (4).
(b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period referred to in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the alteration under consideration (including in relation to the nature, complexity, location or size of such alteration) to do so.
(c) Where paragraph (b) applies, the Board shall, by notice in writing served on the requester before the expiration of the period referred to in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the Board intends that the determination concerned shall be made.]
(5) If the Board determines that the making of either kind of alteration referred to in F618[in subsection (3)(b)(ii)]—
(a) is not likely to have significant effects on the environment, it shall proceed to make a determination under F619[subsection (3)(b)(ii)], or
(b) is likely to have such effects, the provisions of section 146C shall apply.
(6) If, in a case to which subsection (5)(a) applies, the Board makes a determination to make an alteration of either kind referred to in F620[subsection (3)(b)(ii)], it shall alter the planning permission, approval or other consent accordingly and notify the person who made the request under this section, and the planning authority or each planning authority for the area or areas concerned, of the alteration.
F621[(7)(a) In making a determination under subsection (4), the Board shall have regard to—
(i) the criteria for the purposes of determining which classes of development are likely to have significant effects on the environment set out in any regulations made under section 176,
(ii) the criteria set out in Schedule 7 to the Planning and Development Regulations 2001,
(iii) the information submitted pursuant to Schedule 7A to the Planning and Development Regulations 2001,
(iv) the further relevant information, if any, referred to in subsection (3A) and the description, if any, referred to in subsection (3B),
(v) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and
(vi) in respect of an alteration under consideration which would be located on, or in, or have the potential to impact on—
(I) a European site,
(II) an area the subject of a notice under section 16(2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),
(III) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000,
(IV) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),
(V) land designated as a refuge for flora or a refuge for fauna under section 17 of the Wildlife Act 1976,
(VI) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or
(VII) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,
the likely significant effects of such alteration on such site, area, land, place or feature, as appropriate.
(b) The Board shall include, or refer to, in its determination under subsection (4) the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination is based.]
F622[(7A) Where the determination of the Board under subsection (4) is that the alteration under consideration would not be likely to have significant effects on the environment and the applicant has, under subsection (3B), provided a description of the features, if any, of the alteration concerned and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the alteration concerned, the Board shall specify such features, if any, and such measures, if any, in the determination.]
(8) (a) Before making a determination under F623[a determination under subsection (3)(b)(ii)] or (4), the Board shall—
(i) make, or require the person who made the request concerned under subsection (1) to make, such information relating to that request available for inspection for such period,
(ii) notify, or require that person to notify, such person, such class of person or the public (as the Board considers appropriate) that the information is so available, and
(iii) invite, or require that person to invite, submissions or observations (from any foregoing person or, as appropriate, members of the public) to be made to it in relation to that request within such period,
as the Board determines and, in the case of a requirement under any of the preceding subparagraphs, specifies in the requirement; such a requirement may specify the means by which the thing to which it relates is to be done.
(b) The Board shall have regard to any submissions or observations made to it in accordance with an invitation referred to in paragraph (a).
(c) The Board shall notify any person who made a submission or observation to it in accordance with that invitation of its determination under F624[subsection (3)(b)(ii)] or (4).
(9) In this section "term" has the same meaning as it has in section 146A.]
Annotations
Amendments:
F611
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 30, S.I. No. 684 of 2006.
F612
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 12, S.I. No. 715 of 2021.
F613
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(a), in effect as per reg. 2(1).
F614
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(b), in effect as per reg. 2(1).
F615
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(c)(i), in effect as per reg. 2(1).
F616
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(c)(ii), in effect as per reg. 2(1).
F617
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(d), in effect as per reg. 2(1).
F618
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(e)(i), in effect as per reg. 2(1).
F619
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(e)(ii), in effect as per reg. 2(1).
F620
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(f), in effect as per reg. 2(1).
F621
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(g), in effect as per reg. 2(1).
F622
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(g), in effect as per reg. 2(1).
F623
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(h)(i), in effect as per 2(1).
F624
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 13(h)(ii), in effect as per 2(1).
Modifications (not altering text):
C193
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 136, not commenced as of date of revision.
Continued application of section 146B of Act of 2000 for certain purposes
136.—Where a request under section 146B of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the request before that repeal, the said section 146B and sections 146C, 146CA and 146D of that Act shall, on and after that repeal, continue to apply and have effect in relation to the request.
C194
Application of section restricted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 18(5), S.I. No. 403 of 2019.
Amendment of Seventh Schedule to Act of 2000 and related transitional provisions
18. ...
(5) Sections 146B and 146C of the Act of 2000 shall, on and after the relevant day, cease to apply to a decision of the Board to grant permission under section 37G of that Act to a relevant development.
(6) In this section—
“planning authority” means a local authority within the meaning of section 2 of the Act of 2001;
“relevant day” means the day on which subsection (1) comes into operation;
“relevant development” means the development deleted, by subsection (1), from paragraph 2 of the Seventh Schedule to the Act of 2000.
F625[Preparation of environmental impact statement for purposes of section 146B.
146C.—(1) This section applies to a case where the determination of the Board under section 146B(4) is that the making of either kind of alteration referred to in F626[section 146B(3)(b)(ii)] is likely to have significant effects on the environment.
(2) In a case to which this section applies, the Board shall require the person who made the request under section 146B ("the requester") to prepare an F627[environmental impact assessment report] in relation to the proposed alteration of the terms of the development concerned and, in this subsection and the following subsections of this section, "proposed alteration of the terms of the development concerned" means—
(a) the alteration referred to in F628[subsection (3)(b)(ii)(I) of that section], and
(b) any alternative alteration under F629[subsection (3)(b)(ii)(II) of that section] the making of which the Board is considering (and particulars of any such alternative alteration the making of which is being so considered shall be furnished, for the purposes of this subsection, by the Board to the requester).
(3) F630[An environmental impact assessment report] under this section shall contain—
(a) any information that any regulations made under section 177 require to be contained in F631[environmental impact assessment reports] generally under this Act, and
(b) any other information prescribed in any regulations made under section 177 to the extent that—
(i) such information is relevant to—
(I) the given stage of the consent procedure and to the specific characteristics of the development or type of development concerned, and
(II) the environmental features likely to be affected,
F632[…]
(ii) F633[…]
and
(c) a summary, in non-technical language, of the information referred to in paragraphs (a) and (b).
(4) F634[When an environmental impact assessment report] under this section is prepared, the requester shall as soon as may be—
(a) submit a copy of the F635[report] F636[and one electronic copy of the report (which shall be searchable by electronic means as far as practicable)] to the Board, together with either—
(i) a copy of the published notice referred to in paragraph (c), or
(ii) a copy of the notice proposed to be published in accordance with paragraph (c) together with details of its proposed publication and date,
F637[(aa) submit a copy of the confirmation notice to the Board,]
(b) publish a notice, in the prescribed form, in one or more newspapers circulating in the area in which the development concerned is proposed to be, or is being, carried out—
(i) stating that an F638[environmental impact assessment report] has been submitted to the Board in relation to the proposed alteration of the terms of the development concerned,
(ii) indicating the times at which, the period (which shall not be less than 4 weeks) during which and the place or places where a copy of the F639[environmental impact assessment report] may be inspected,
(iii) stating that a copy of the F640[environmental impact assessment report] may be purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy), and
(iv) stating that submissions or observations may be made in writing to the Board before a specified date (which date shall not be less than F641[30 days] after the notice was first published) in relation to the likely effects on the environment of the proposed alteration of the foregoing terms,
(c) send a copy of the F642[environmental impact assessment report] together with a notice in the prescribed form to the local authority or each local authority in whose functional area the proposed development would be situate and to any prescribed body or person stating that—
(i) the F643[report] has been submitted to the Board in relation to the proposed alteration of the terms of the development concerned,
(ii) before a specified date (which date shall be the same as provided or proposed to be provided for by the notice under paragraph (b)) submissions or observations may be made in writing to the Board in relation to the likely effects on the environment of the proposed alteration of the foregoing terms,
(d) send a copy of the F644[environmental impact assessment report], together with a notice in the prescribed form, to a Member State of the European Communities or a state which is a party to the Transboundary Convention where, in the Board’s opinion, the proposed alteration of the terms of the development concerned is likely to have significant effects on the environment in that state, together with a notice (in the prescribed form, if any) stating that—
(i) the F645[report] has been submitted to the Board in relation to the likely effects on the environment of the proposed alteration of the foregoing terms,
(ii) before a specified date (which date shall be the same as provided or proposed to be provided for by the notice under paragraph (b)) submissions or observations may be made in writing to the Board in relation to the likely effects on the environment in that state of the proposed alteration of those terms,
and the Board may, at its discretion and from time to time, extend any time limits provided for by this subsection.
(5) On the preceding subsections having been complied with, the Board shall, subject to subsections (6) and (7), proceed to make a determination under F646[section 146B(3)(b)(ii)] in relation to the matter.
(6) In making that determination, the Board shall, to the extent that they appear to the Board to be relevant, have regard to the following:
(a) the F647[environmental impact assessment report] submitted pursuant to subsection (4)(a), any submissions or observations made in response to the invitation referred to in subsection (4)(b) or (c) before the date specified in the notice concerned for that purpose and any other relevant information before it relating to the likely effects on the environment of the proposed alteration of the terms of the development concerned;
(b) where such alteration is likely to have significant effects on the environment in another Member State of the European Communities, or a state which is a party to the Transboundary Convention, the views of such Member State or party;
(c) the development plan or plans for the area in which the development concerned is proposed to be, or is being, carried out (referred to subsequently in this subsection as "the area");
(d) the provisions of any special amenity area order relating to the area;
(e) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact;
(f) if the development concerned (were it to be carried out in the terms as they are proposed to be altered) would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact;
(g) the matters referred to in section 143;
(h) any social or economic benefit that would accrue to the State, a region of the State or the area were the development concerned to be carried out in the terms as they are proposed to be altered;
(i) commitments entered into and the stage at which the development concerned has progressed under the permission, approval or other consent in the terms as originally granted; and
(j) any relevant provisions of this Act and of any regulations made under this Act.
(7) The Board shall not make a determination under F648[section 146B(3)(b)(ii)] in a case to which this section applies at any time prior to the date specified, pursuant to subparagraph (iv) of subsection (4)(b), in the notice under subsection (4)(b).
(8) Where the Board makes a determination under F649[section 146B(3)(b)(ii)] in a case to which this section applies—
F650[(a) it shall—
(i) give public notice of the determination (including notice in the area in which the development concerned is proposed to be, or is being, carried out),
(ii) inform the prescribed bodies or persons sent a copy of the environmental impact assessment report in accordance with subsection (4)(c), and
(iii) inform any state to which an environmental impact assessment report has been sent under subsection (4)(d) of the determination, including, if the determination is of the kind referred to in paragraph (b), particulars of the determination, and]
(b) if the determination is a determination to make an alteration of either kind referred to in F651[section 146B(3)(b)(ii)], it shall alter the planning permission, approval or other consent accordingly and notify the requester of the alteration.
F652[(8A) Where the Board makes a determination under section 146B(3)(b)(ii) in a case to which this section applies, the determination shall—
(a) state the reasoned conclusion, in relation to the significant effects on the environment of the proposed alteration, on which the determination is based,
(b) where the determination (being a determination which arises from the consideration of the environmental impact assessment report concerned) by the Board to make an alteration of either kind referred to in section 146B(3)(b)(ii), or to refuse to make an alteration, is different from the recommendation in a report of a person assigned to report on the request on behalf of the Board, state the main reasons for not accepting the recommendation in the last-mentioned report, and
(c) 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 determination or otherwise addressed.
(8B) Where the Board makes a determination under section 146B(3)(b)(ii), in a case to which this section applies, to make an alteration of either kind referred to in that section and imposes a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to the determination which is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the request on behalf of the Board, the determination shall indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition.
(8C) Where the Board makes a determination under section 146B(3)(b)(ii), in a case to which this section applies, to make an alteration of either kind referred to in that section, the determination shall be accompanied by a statement that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the alteration was up to date at the time of the making of the determination.]
(9) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section to the area in which the proposed development would be situated includes, if the context admits, a reference to the 2 or more areas in which the proposed development would be situated and cognate references shall be construed accordingly.]
Annotations
Amendments:
F625
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 30, S.I. No. 684 of 2006.
F626
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018) reg. 14(a), in effect as per reg. 2(1).
F627
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. 24, in effect as per reg. 2(1).
F628
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018) reg. 14(b)(i), in effect as per reg. 2(1).
F629
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018) reg. 14(b)(ii), in effect as per reg. 2(1).
F630
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. 25, in effect as per reg. 2(1).
F631
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. 26, in effect as per reg. 2(1).
F632
Deleted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018) reg. 14(c)(i), in effect as per reg. 2(1).
F633
Deleted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018) reg. 14(c)(ii), in effect as per reg. 2(1).
F634
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. 27, in effect as per reg. 2(1).
F635
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. 28, in effect as per reg. 2(1).
F636
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018) reg. 14(d)(i), in effect as per reg. 2(1).
F637
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 14(d)(ii), in effect as per reg. 2(1).
F638
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. 29, in effect as per reg. 2(1).
F639
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. 30, in effect as per reg. 2(1).
F640
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. 31, in effect as per reg. 2(1).
F641
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 14(d)(iii), in effect as per reg. 2(1).
F642
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. 32, in effect as per reg. 2(1).
F643
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. 33, in effect as per reg. 2(1).
F644
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. 34, in effect as per reg. 2(1).
F645
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. 35, in effect as per reg. 2(1).
F646
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 14(e), in effect as per reg. 2(1).
F647
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. 36, in effect as per reg. 2(1).
F648
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 14(f), in effect as per reg. 2(1).
F649
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 14(g)(i), in effect as per reg. 2(1).
F650
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 14(g)(ii), in effect as per reg. 2(1).
F651
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 14(g)(iii), in effect as per reg. 2(1).
F652
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 14(h), in effect as per reg. 2(1).
Modifications (not altering text):
C195
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 136, not commenced as of date of revision.
Continued application of section 146B of Act of 2000 for certain purposes
136.—Where a request under section 146B of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the request before that repeal, the said section 146B and sections 146C, 146CA and 146D of that Act shall, on and after that repeal, continue to apply and have effect in relation to the request.
C196
Application of section restricted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 18(5), S.I. No. 403 of 2019.
Amendment of Seventh Schedule to Act of 2000 and related transitional provisions
18. ...
(5) Sections 146B and 146C of the Act of 2000 shall, on and after the relevant day, cease to apply to a decision of the Board to grant permission under section 37G of that Act to a relevant development.
(6) In this section—
“planning authority” means a local authority within the meaning of section 2 of the Act of 2001;
“relevant day” means the day on which subsection (1) comes into operation;
“relevant development” means the development deleted, by subsection (1), from paragraph 2 of the Seventh Schedule to the Act of 2000.
Editorial Notes:
E303
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
F653[Provisions supplementary to sections 146B and 146C
146CA.—(1) (a) Paragraph (b) applies where a person—
(i) is carrying out or intending to carry out strategic infrastructure development and intends to make a request under section 146B(1), accompanied by an environmental impact assessment report, to the Board to alter the terms of the development, or
(ii) is required by the Board pursuant to section 146C to submit an environmental impact assessment report to the Board.
(b)(i) Subparagraph (ii) applies where, before a person submits an environmental impact assessment report to the Board, he or she requests the Board to give him or her an opinion in writing on the scope and level of detail of the information required to be included in the report.
(ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the person referred to in subparagraph (i), in particular on the specific characteristics of the proposed alteration, including its location and technical capacity, and its likely impact on the environment, give an opinion in writing on the scope and level of detail of the information to be included in an environmental impact assessment report, subject to any prescribed consultations to be carried out by the Board in relation to such opinion.
(iii) The Board shall give the opinion before the submission by the person referred to in subparagraph (i) of the environmental impact assessment report.
(2) Where an opinion referred to in subsection (1) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed alteration of the terms of the development, taking into account current knowledge and methods of assessment.]
Annotations
Amendments:
F653
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 15, in effect as per reg. 2(1).
Modifications (not altering text):
C197
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 136, not commenced as of date of revision.
Continued application of section 146B of Act of 2000 for certain purposes
136.—Where a request under section 146B of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the request before that repeal, the said section 146B and sections 146C, 146CA and 146D of that Act shall, on and after that repeal, continue to apply and have effect in relation to the request.
Editorial Notes:
E304
The section heading is taken from the amending regulation in the absence of one included in the amendment.
F654[Application of sections 146A to 146C to railway orders.
146D.—Sections 146A to 146C shall apply to a railway order under the Transport (Railway Infrastructure) Act 2001 (whether made before or after the amendment of that Act by the Planning and Development (Strategic Infrastructure) Act 2006) as they apply to a permission, decision or approval referred to in them with the following modifications:
(a) a reference in those sections to the terms of the development shall be construed as a reference to the terms of the railway works, the subject of the railway order;
(b) a reference in those sections to altering the terms of the development shall be construed as a reference to amending, by order, the railway order with respect to the terms of the railway works, the subject of the railway order; and
(c) a reference in section 146A to submissions or observations made to the Board in relation to the permission or other matter concerned shall be construed as a reference to submissions made to the Minister for Transport or the Board, as the case may be, under the Transport (Railway Infrastructure) Act 2001 in relation to the railway order.]
Annotations
Amendments:
F654
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 30, S.I. No. 684 of 2006.
Modifications (not altering text):
C198
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 136, not commenced as of date of revision.
Continued application of section 146B of Act of 2000 for certain purposes
136.—Where a request under section 146B of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the request before that repeal, the said section 146B and sections 146C, 146CA and 146D of that Act shall, on and after that repeal, continue to apply and have effect in relation to the request.
PART VII
Disclosure of Interests, etc.
Annotations
Modifications (not altering text):
C199
Continued application of Part VIII of Act of 2000 for certain purposes
628. Notwithstanding the repeal of Part VIII of the Act of 2000 effected by section 6, the said Part VIII shall, for the purposes of—
(a) any warning letter or enforcement notice served under that Part before that repeal, or
(b) the performance, before, on or after that repeal, of any function under that Part consequent upon the service of that warning letter or enforcement notice,
continue to apply and have effect.
C200
Application of Part VII restricted (1.01.2003) by Local Government Act 2001 (37/2001), s. 167(5)(a), S.I. No. 218 of 2002, subject to transitional provision in subs. (5)(b).
Application (Part 15).
167.— ...
(5) (a) Part VII of the Act of 2000 shall cease to apply to—
(i) a member of a planning authority,
(ii) a member of a committee of a planning authority, and
(iii) an officer of a planning authority.
(b) A declaration given in accordance with section 147 of the Act of 2000 by—
(i) a member of a planning authority, or
(ii) an officer of a planning authority,
shall continue to apply and have effect until replaced by a declaration furnished to the ethics registrar under section 171 of this Act.
Declaration by members, etc. of certain interests.
147.—(1) It shall be the duty of a person to whom this section applies to give to the relevant body a declaration in the prescribed form, signed by him or her and containing particulars of every interest of his or hers which is an interest to which this section applies and for so long as he or she continues to be a person to whom this section applies it shall be his or her duty where there is a change regarding an interest particulars of which are contained in the declaration or where he or she acquires any other interest to which this section applies, to give to the relevant body a fresh declaration.
(2) A declaration under this section shall be given at least once a year.
(3) (a) This section applies to the following persons:
(i) a member of the Board;
(ii) a member of a planning authority;
(iii) an employee of the Board or any other person—
(I) whose services are availed of by the Board, and
(II) who is of a class, description or grade prescribed for the purposes of this section;
(iv) an officer of a planning authority who is the holder of an office which is of a class, description or grade so prescribed.
(b) This section applies to the following interests:
(i) any estate or interest which a person to whom this section applies has in any land, but excluding any interest in land consisting of any private home within the meaning of paragraph 1(4) of the Second Schedule to the Ethics in Public Office Act, 1995;
(ii) any business of dealing in or developing land in which such a person is engaged or employed and any such business carried on by a company or other body of which he or she, or any nominee of his or hers, is a member;
(iii) any profession, business or occupation in which such a person is engaged, whether on his or her own behalf or otherwise, and which relates to dealing in or developing land.
(4) A person to whom this section applies and who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) if he or she gives to the relevant body a declaration referred to in that subsection:
(a) within the period of twenty-eight days beginning on the day on which he or she becomes such a person,
(b) in case there is a change regarding an interest particulars of which are contained in a declaration already given by the person or where the person acquires any other interest to which this section applies, on the day on which the change occurs or the other such interest is acquired.
(5) For the purposes of this section, a person to whom this section applies shall be regarded as having an estate or interest in land if he or she, or any nominee of his or hers, is a member of a company or other body which has an estate or interest in the land.
(6) For the purposes of this section, a person shall not be regarded as having an interest to which this section applies, if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Board or authority, as may be appropriate, or in performing any function in relation to any such matter.
(7) Where a person to whom this section applies has an interest to which this section applies by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her nominee and the total value of those shares does not exceed the lesser of—
(a) F655[€13,000], or
(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he or she has an interest,
subsection (1) shall not have effect in relation to that interest.
(8) The Board and each planning authority shall for the purposes of this section keep a register (“the register of interests”) and shall enter therein the particulars contained in declarations given to the Board or the authority, as the case may be, pursuant to this section.
(9) The register of interests shall be kept at the offices of the Board or the planning authority, as the case may be, and shall be available for public inspection during office hours.
(10) Where a person ceases to be a person to whom this section applies, any particulars entered in the register of interests as a result of a declaration being given by the person to the relevant body pursuant to this section shall be removed, as soon as may be after the expiration of the period of five years beginning on the day on which the person ceases to be such a person, from the register of interests by that body.
(11) Subject to subsection (12), a person who fails to comply with subsections (1) and (2) or who, when purporting to comply with the requirements of subsection (1), gives particulars which are false or which to his or her knowledge are misleading in a material respect, shall be guilty of an offence.
(12) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the relevant time he or she believed, in good faith and upon reasonable grounds, that—
(a) the relevant particulars were true,
(b) there was no matter as regards which he or she was then required to make a declaration under subsection (1), or
(c) that the matter in relation to which the offence is alleged was not one as regards which he or she was so required to make such a declaration.
(13) (a) For the purposes of this section and sections 148 and 149—
(i) a F656[chief executive] shall be deemed to be an officer of every planning authority for which he or she is F656[chief executive],
F656[(ii) the deputy chief executive (within the meaning of section 148, inserted by section 54 of the Local Government Reform Act 2014, of the Local Government Act 2001) of a local authority shall be deemed to be an officer of the planning authority concerned, and]
(iii) an officer of a planning authority who, by virtue of an arrangement or agreement entered into under any enactment, is performing functions under another planning authority, shall be deemed to be also an officer of the other authority.
(b) In this section “relevant body” means—
(i) in case a person to whom this section applies is either a member or employee of the Board, or other person whose services are availed of by the Board, the Board, and
(ii) in case such a person is either a member or officer of a planning authority, the authority.
Annotations
Amendments:
F655
Substituted (25.06.2001) by Euro Changeover (Amounts) Act 2001 (16/2001), s. 1(3) and (4) and schs. 3 ref. no. 6 and 4 item 10, commenced on enactment.
F656
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(2) and sch. 2 items 59, 60, S.I. No. 436 of 2018.
Modifications (not altering text):
C201
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 523(11), not commenced as of date of revision.
Declaration of interests
523.— …
(11) Where a relevant person has complied with section 147 of the Act of 2000 in respect of the year in which that section is repealed by section 6, he or she shall be deemed to have complied with this section in respect of that year.
E305
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Requirements affecting members, etc. who have certain beneficial interests.
148.—(1) Where a member of the Board has a pecuniary or other beneficial interest in, or which is material to, any appeal, contribution, question, determination or dispute which falls to be decided or determined by the Board under any enactment, he or she shall comply with the following requirements:
(a) he or she shall disclose to the Board the nature of his or her interest;
(b) he or she shall take no part in the discussion or consideration of the matter;
(c) he or she shall not vote or otherwise act as a member of the Board in relation to the matter;
(d) he or she shall neither influence nor seek to influence a decision of the Board as regards the matter.
(2) Where, at a meeting of a planning authority or of any committee of a planning authority, a resolution, motion, question or other matter is proposed or otherwise arises either pursuant to, or as regards the performance by the authority of a function under this Act or in relation to the acquisition or disposal by the authority of land under or for the purposes of this Act or any other enactment, a member of the authority or committee present at the meeting shall, if he or she has a pecuniary or other beneficial interest in, or which is material to, the matter—
(a) at the meeting, and before discussion or consideration of the matter commences, disclose the nature of his or her interest, and
(b) withdraw from the meeting for so long as the matter is being discussed or considered,
and accordingly, he or she shall take no part in the discussion or consideration of the matter and shall refrain from voting in relation to it.
(3) A member of a planning authority or of any committee of a planning authority who has a pecuniary or other beneficial interest in, or which is material to, a matter arising either pursuant to, or as regards the performance by the authority of a function under this Act, or in relation to the acquisition or disposal by the authority of land under or for the purposes of this Act or any other enactment, shall neither influence nor seek to influence a decision of the authority as regards the matter.
(4) Where the F657[chief executive] of a planning authority has a pecuniary or other beneficial interest in, or which is material to, any matter which arises or comes before the authority either pursuant to, or as regards the performance by the authority of a function under this Act, or in relation to the acquisition or disposal by the authority of land under or for the purposes of this Act or any other enactment, he or she shall, as soon as may be, disclose to the members of the planning authority the nature of his or her interest.
(5) (a) Where an employee of the Board, a consultant or adviser engaged by the Board, or any other person whose services are availed of by the Board has a pecuniary or other beneficial interest in, or which is material to, any appeal, contribution, question or dispute which falls to be decided or determined by the Board, he or she shall comply with the following requirements:
(i) he or she shall neither influence nor seek to influence a decision of the Board as regards the matter;
(ii) in case, as such employee, consultant, adviser or other person, he or she is concerned with the matter, he or she shall disclose to the Board the nature of his or her interest and comply with any directions the Board may give him or her in relation to the matter.
(b) Where an officer of a planning authority, not being the F657[chief executive], has a pecuniary or other beneficial interest in, or which is material to, any matter which arises or comes before the authority, either pursuant to, or as regards the performance by the authority of a function under this Act, or in relation to the acquisition or disposal of land by the authority under or for the purposes of this Act or any other enactment, he or she shall comply with the following requirements:
(i) he or she shall neither influence nor seek to influence a decision of the authority as regards the matter; and
(ii) in case, as such officer, he or she is concerned with the matter, he or she shall disclose to the manager of the authority the nature of his or her interest and comply with any directions the F657[chief executive] may give him or her in relation to the matter.
(6) For the purposes of this section but without prejudice to the generality of subsections (1) to (5), a person shall be regarded as having a beneficial interest if—
(a) he or she or his or her spouse F658[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], or any nominee of his or her or of his or her spouse F658[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], is a member of a company or any other body which has a beneficial interest in, or which is material to, a resolution, motion, question or other matter referred to in subsections (1) to (5),
(b) he or she or his or her spouse F658[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] is in partnership with or is in the employment of a person who has a beneficial interest in, or which is material to, such a resolution, motion, question or other matter,
(c) he or she or his or her spouse F658[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a resolution, motion, question or other matter relates, or
(d) his or her spouse F658[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] has a beneficial interest in, or which is material to, such a resolution, motion, question or other matter.
(7) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or which is material to, any resolution, motion, question or other matter by reason only of an interest of his or her or of any company or of any other body or person referred to in subsection (6) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.
(8) Where a person has a beneficial interest referred to in subsection (1), (2), (3), (4) or (5) by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her spouse F658[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] and the total value of those shares does not exceed the lesser of—
(a) F659[€13,000], or
(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class of shares in which he or she has an interest,
none of those subsections shall have effect in relation to that beneficial interest.
(9) Where at a meeting referred to in subsection (2) a disclosure is made under that subsection, particulars of the disclosure and of any subsequent withdrawal from the meeting pursuant to that subsection shall be recorded in the minutes of the meeting.
(10) Subject to subsection (11), a person who contravenes or fails to comply with a requirement of this section shall be guilty of an offence.
(11) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the time of the alleged offence he or she did not know and had no reason to believe that a matter in which, or in relation to which, he or she had a beneficial interest had arisen or had come before, or was being considered by, the Board or the relevant planning authority or committee, as may be appropriate, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied.
Annotations
Amendments:
F657
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 61, 62, S.I. No. 436 of 2018.
F658
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 1, item 26, S.I. No. 648 of 2010.
F659
Substituted (25.06.2001) by Euro Changeover (Amounts) Act 2001 (16/2001), s. 1(3) and (4) and schs. 3 ref. no. 6 and 4 item 10, commenced on enactment.
Supplemental provisions relating to sections 147 and 148.
149.—(1) Proceedings for an offence under section 147 or 148 shall not be instituted except by or with the consent of the Director of Public Prosecutions.
(2) Where a person is convicted of an offence under section 147 or 148—
(a) the person shall be disqualified from being a member of the Board,
(b) in case the person is a member of the Board, he or she shall on conviction accordingly cease to be a member of the Board,
(c) in case the person is a member of a planning authority or a member of any committee of a planning authority, he or she shall on conviction cease to be a member of the authority or the committee, as may be appropriate,
(d) in case the person is a member of both a planning authority and any one or more such committees, he or she shall on conviction cease to be a member of both the authority and every such committee, and
(e) in case the person by virtue of this subsection ceases to be a member of a planning authority or any such committee, he or she shall be disqualified for being a member of the authority or committee during the period which, but for the cessation of his or her membership of the authority or committee under this section, would be the remainder of his or her term.
(3) A disqualification under this section shall take effect on the expiry of the ordinary time for appeal from the conviction concerned or if an appeal is brought within that time, upon the final disposal of that appeal.
(4) In case a person contravenes or fails to comply with a requirement of section 147, 148 or 150, or acts as a member of the Board, a planning authority or committee of a planning authority while disqualified for membership by virtue of this section, the fact of the contravention or failure or of his or her so acting, as the case may be, shall not invalidate any act or proceeding of the Board, authority or committee.
(5) Where any body which is a company within the meaning of section 155 of the Companies Act, 1963, is deemed under that section to be a subsidiary of another or to be another such company’s holding company, a person who is a member of the first-mentioned such company shall, for the purposes of sections 147 and 148 be deemed also to be a member of the other company.
Codes of conduct.
150.—(1) (a) Every planning authority, by resolution, and the Board shall adopt a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business which must be followed by those persons referred to in subsection (3).
(b) A code of conduct under this section shall be adopted within one year of the commencement of this section.
(2) A code of conduct shall consist of a written statement setting out the planning authority’s or the Board’s policy on at least the following matters:
(a) disclosure of interests and relationships where the interests and relationships are of relevance to the work of the authority or the Board, as appropriate;
(b) membership of other organisations, associations and bodies, professional or otherwise;
(c) membership of, or other financial interests in, companies, partnerships or other bodies;
(d) undertaking work, not being work on behalf of the authority or the Board, as the case may be, both during and after any period of employment with the authority or the Board, whether as a consultant, adviser or otherwise;
(e) acceptance of gifts, sponsorship, considerations or favours;
(f) disclosure of information concerning matters pertaining to the work of the authority or the Board, as appropriate;
(g) following of proper procedure in relation to the functions of the authority and the Board including the procedures for—
(i) (I) the review, making and variation of development plans,
(II) the review, making and amendment of local area plans,
(III) the processing of planning applications and appeals, and
(IV) the granting of permission which would materially contravene the development plan, including the use of resolutions referred to in section 34(6)(c),
and
(ii) the disclosure by members and employees of the authority or of the Board of any representations made to such members or employees whether in writing or otherwise in relation to those matters.
(3) This section shall apply to—
(a) a member of the Board,
(b) a member of a planning authority,
(c) an employee of the Board or any other person—
(i) whose services are availed of by the Board, and
(ii) who is of a class, description or grade prescribed for the purposes of this section,
and
(d) an officer of a planning authority who is the holder of an office which is of a class, description or grade so prescribed.
(4) (a) It shall be a condition of appointment of persons listed at subsection (3)(a) that they shall comply with the code of conduct.
(b) It shall be a condition of taking up and holding office by persons listed at subsection (3)(b) that they shall comply with the code of conduct.
(c) It shall be a condition of employment of persons listed at subsection (3)(c) and (d) that they shall comply with the code of conduct.
(5) A planning authority or the Board may at any time review a code of conduct adopted under this section and may—
(a) amend the code of conduct, or
(b) adopt a new code of conduct.
Annotations
Editorial Notes:
E306
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 is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 75 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E307
Provision for continuance of code under section made (21.05.2004) by Local Government Act 2001 (37/2001), s. 169(6), S.I. No. 217 of 2004.
E308
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
PART VIII
Enforcement
Annotations
Modifications (not altering text):
C202
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 628, not commenced as of date of revision.
Continued application of Part VIII of Act of 2000 for certain purposes
628. Notwithstanding the repeal of Part VIII of the Act of 2000 effected by section 6, the said Part VIII shall, for the purposes of—
(a) any warning letter or enforcement notice served under that Part before that repeal, or
(b) the performance, before, on or after that repeal, of any function under that Part consequent upon the service of that warning letter or enforcement notice,
continue to apply and have effect.
C203
Application of Part extended with modifications (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 10(5)(b), S.I. No. 270 of 2017.
Supplemental provisions to section 9
10. ...
(5) ...
(b) Part VIII of the Act of 2000 shall apply to any case where a strategic housing development is carried out otherwise than in compliance with a permission under section 9 or any condition to which the permission is subject as it applies to any unauthorised development with the modification that a reference in that Part to a permission shall be construed as a reference to a permission granted under section 9.
Offence.
151.—Any person who has carried out or is carrying out unauthorised development shall be guilty of an offence.
Warning letter.
152.—(1) Where—
(a) a representation in writing is made to a planning authority by any person that unauthorised development may have been, is being or may be carried out, and it appears to the planning authority that the representation is not vexatious, frivolous or without substance or foundation, or
(b) it otherwise appears to the authority that unauthorised development may have been, is being or may be carried out,
the authority shall issue a warning letter to the owner, the occupier or any other person carrying out the development and may give a copy, at that time or thereafter, to any other person who in its opinion may be concerned with the matters to which the letter relates.
(2) Notwithstanding subsection (1), where the development in question is of a trivial or minor nature the planning authority may decide not to issue a warning letter.
(3) A planning authority shall issue the warning letter under subsection (1) as soon as may be but not later than 6 weeks after receipt of the representation under subsection (1).
(4) A warning letter shall refer to the land concerned and shall—
(a) state that it has come to the attention of the authority that unauthorised development may have been, is being or may be carried out,
(b) state that any person served with the letter may make submissions or observations in writing to the planning authority regarding the purported offence not later than four weeks from the date of the service of the warning letter,
(c) state that when a planning authority considers that unauthorised development has been, is being or may be carried out, an enforcement notice may be issued,
(d) state that officials of the planning authority may at all reasonable times enter on the land for the purposes of inspection,
(e) explain the possible penalties involved where there is an offence, and
(f) explain that any costs reasonably incurred by the planning authority in relation to enforcement proceedings may be recovered from a person on whom an enforcement notice is served or where court action is taken.
Decision on enforcement.
153.—(1) As soon as may be after the issue of a warning letter under section 152, the planning authority shall make such investigation as it considers necessary to enable it to make a decision on whether to issue an enforcement notice F660[or make an application under section 160].
(2) (a) It shall be the duty of the planning authority to ensure that decisions on whether to issue an enforcement notice are taken as expeditiously as possible.
(b) Without prejudice to the generality of paragraph (a), it shall be the objective of the planning authority to ensure that the decision on whether to issue an enforcement notice shall be taken within 12 weeks of the issue of a warning letter.
(3) A planning authority, in deciding whether to issue an enforcement notice shall consider any representations made to it under section 152(1)(a) or submissions or observations made under section 152(4)(b) and any other material considerations.
(4) The decision made by the planning authority under subsection (1) including the reasons for it shall be entered by the authority in the register.
(5) Failure to issue a warning letter under section 152 shall not prejudice the issue of an enforcement notice or any other proceedings that may be initiated by the planning authority.
F660[(6) F661[…]
F662[(7) Where a planning authority establishes, following an investigation under this section that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out and the person who has carried out or is carrying out the development has not proceeded to remedy the position, then the authority shall issue an enforcement notice under section 154 or make an application pursuant to section 160, or shall both issue such a notice and make such an application, unless there are compelling reasons for not doing so.
(8) Nothing in this section shall operate to prevent or shall be construed as preventing a planning authority, in relation to an unauthorised development which has been or is being carried out, from both issuing an enforcement notice under section 154 and making an application pursuant to section 160.]]
Annotations
Amendments:
F660
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 45(a) and (b), S.I. No. 477 of 2010.
F661
Repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 27(a), S.I. No. 474 of 2011.
F662
Substituted and inserted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 27(b), S.I. No. 474 of 2011.
Editorial Notes:
E309
Previous affecting provision: subss. (6) and (7) inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 45(b), S.I. No. 477 of 2010; deleted and substituted as per F-note above.
Enforcement notice.
154.—(1) (a) Where a decision to enforce is made under section 153 or where urgent action is required under section 155, the planning authority shall, as soon as may be, serve an enforcement notice under this section.
(b) Where an enforcement notice is served under this section, the planning authority shall notify any person who made representations under section 152(1)(a) and any other person, who in the opinion of the planning authority may be concerned with the matter to which the notice concerned relates, not being a person on whom the enforcement notice was served, of the service of the enforcement notice.
(2) Where the planning authority decides not to issue an enforcement notice, it shall notify any person to whom the warning letter was copied under section 152 and any other person who made a representation under that section of the decision in writing within 2 weeks of the making of that decision.
(3) (a) An enforcement notice under subsection (1) shall be served on the person carrying out the development and, where the planning authority considers it necessary, the owner or the occupier of the land or any other person who, in the opinion of the planning authority, may be concerned with the matters to which the notice relates.
(b) If, subsequent to the service of the enforcement notice, the planning authority becomes aware that any other person may be carrying out development or is an owner or occupier of the land or may be affected by the notice, the notice may be served on that person and the period specified for compliance with the notice shall be extended as necessary to a maximum of 6 months, and the other person or persons on whom the notice had previously been served under paragraph (a) shall be informed in writing.
(4) An enforcement notice shall take effect on the date of the service thereof.
(5) An enforcement notice shall refer to the land concerned and shall—
(a) (i) in respect of a development where no permission has been granted, require that development to cease or not to commence, as appropriate, F663[…]
(ii) in respect of a development for which permission has been granted under Part III F664[or section 293], require that the development will proceed in conformity with the permission, or with any condition to which the permission is subject, F665[or]
F665[(iii) in respect of a development in respect of which a certificate has been issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, require that the development will proceed in conformity with the planning scheme made under those Acts in respect of which the development was certified to be consistent and any conditions to which the certificate is subject, ]
(b) require such steps as may be specified in the notice to be taken within a specified period, including, where appropriate, the removal, demolition or alteration of any structure and the discontinuance of any use and, in so far as is practicable, the restoration of the land to its condition prior to the commencement of the development,
(c) warn the person or persons served with the enforcement notice that, if within the period specified under paragraph (b) or within such extended period (not being more than 6 months) as the planning authority may allow, the steps specified in the notice to be taken are not taken, the planning authority may enter on the land and take such steps, including the removal, demolition or alteration of any structure, and may recover any expenses reasonably incurred by them in that behalf,
(d) require the person or persons served with the notice to refund to the planning authority the costs and expenses reasonably incurred by the authority in relation to the investigation, detection and issue of the enforcement notice concerned and any warning letter under section 152, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and the planning authority may recover these costs and expenses incurred by it in that behalf, and
(e) warn the person or persons served with the enforcement notice that if within the period specified by the notice or such extended period, not being more than 6 months, as the planning authority may allow, the steps specified in the notice to be taken are not taken, the person or persons may be guilty of an offence.
(6) If, within the period specified under subsection (5)(b) or within such extended period, not being more than 6 months, as the planning authority may allow, the steps specified in the notice to be taken are not taken, the planning authority may enter on the land and take such steps, including the demolition of any structure and the restoration of land, and may recover any expenses reasonably incurred by it in that behalf.
(7) Any expenses reasonably incurred by a planning authority under paragraphs (c) and (d) of subsection (5) and subsection (6) may be recovered—
(a) as a simple contract debt in any court of competent jurisdiction from the person or persons on whom the notice was served, or
(b) secured by—
(i) charging the land under the Registration of Title Act, 1964, or
(ii) where the person on whom the enforcement notice was served is the owner of the land, an instrument vesting the ownership of the land in the authority subject to a right of redemption by the owner within five years.
(8) Any person on whom an enforcement notice is served under subsection (1) who fails to comply with the requirements of the notice (other than a notice which has been withdrawn under subsection (11)(a) or which has ceased to have effect) within the specified period or within such extended period as the planning authority may allow, not exceeding 6 months, shall be guilty of an offence.
(9) Any person who knowingly assists or permits the failure by another to comply with an enforcement notice shall be guilty of an offence.
(10) Particulars of an enforcement notice shall be entered in the register.
(11) (a) A planning authority may for stated reasons by notice in writing to any person served with the notice, and, where appropriate, any person who made a representation under section 152(1)(a), withdraw an enforcement notice served under this section.
(b) Where an enforcement notice is withdrawn pursuant to this subsection by a planning authority or where a planning authority finds that an enforcement notice has been complied with, the fact that the enforcement notice was withdrawn and the reason for the withdrawal or that it was complied with, as appropriate, shall be recorded by the authority in the register.
(12) An enforcement notice shall cease to have effect 10 years from the date of service of the notice under subsection (1) or, if a notice is served under subsection (3)(b), 10 years from the date of service of the notice under that subsection.
(13) A person shall not question the validity of an enforcement notice by reason only that the person or any other person, not being the person on whom the enforcement notice was served, was not notified of the service of the enforcement notice.
(14) A report of a local authority under section 50 of the Local Government Act, 1991, shall contain details of the number of enforcement notices issued under this section, warning notices issued under section 153, prosecutions brought under section 157 and injunctions sought under section 160 by that authority.
Annotations
Amendments:
F663
Repealed (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 31(a), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F664
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 22, S.I. No. 488 of 2022.
F665
Inserted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 31(b) and (c), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
Issue of enforcement notice in cases of urgency.
155.—(1) Where, in the opinion of the planning authority, due to the nature of an unauthorised development and to any other material considerations, it is necessary to take urgent action with regard to the unauthorised development, notwithstanding sections 152 and 153, it may serve an enforcement notice under section 154.
(2) Where an enforcement notice is issued in accordance with subsection (1), any person who made a representation under section 152(1)(a) shall be notified in writing within two weeks of the service of the notice.
Penalties for offences.
156.—(1) A person who is guilty of an offence under F666[section 32G, 32L, 37CE, 58(4)], 63, F667[135(7),] 151, 154, F668[182H,] 205, 230(3), F669[239, 247 or 287C] shall be liable—
(a) on conviction on indictment, to a fine not exceeding £10,000,000, or to imprisonment for a term not exceeding 2 years, or to both, or
(b) on summary conviction, to a fine not exceeding F670[€5,000], or to imprisonment for a term not exceeding 6 months, or to both.
(2) Where a person is convicted of an offence referred to in subsection (1) and there is a continuation by him or her of the offence after his or her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable—
(a) on conviction on indictment, to a fine not exceeding £10,000 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years, or
(b) on summary conviction, to a fine not exceeding F670[€1,500] for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 6 months.
(3) Where a person is convicted of an offence referred to in subsection (1) involving the construction of an unauthorised structure, the minimum fine shall be—
(a) on conviction on indictment, the estimated cost of the construction of the structure or £10,000, whichever is less, or
(b) on summary conviction, the estimated cost of the construction of the structure or F670[€2,500], whichever is less,
except where the person convicted can show to the court’s satisfaction that he or she does not have the necessary financial means to pay the minimum fine.
(4) Any person who is guilty of an offence under this Act other than an offence referred to in subsection (1) (or a further offence under subsection (2)) shall be liable, on summary conviction, to a fine not exceeding F670[€5,000] or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.
(5) If the contravention in respect of which a person is convicted under section 46(11), 208(2)(b) or 252(9) is continued after the conviction, that person shall be guilty of a further offence on every day on which the contravention continues and for each such offence he or she shall be liable on summary conviction to a fine not exceeding F671[€1,500].
(6) In a prosecution for an offence under sections 151 and 154 it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the subject matter of the prosecution was development and was not exempted development.
(7) Where an enforcement notice has been served under section 154, it shall be a defence to a prosecution under section 151 or 154 if the defendant proves that he or she took all reasonable steps to secure compliance with the enforcement notice.
F671[(8) Where a person is convicted of an offence under section 154, the Court in addition to imposing a penalty referred to in subsection (1) or (2) as the case may be, may order the person so convicted to take all or any steps specified in the relevant enforcement notice within such period as the Court considers appropriate.]
F667[(9) Where a person is convicted, on indictment, of an offence under section 135(7), the court may, where it finds that the act or omission constituting the offence delayed the conduct of the oral hearing concerned referred to in section 135(7), order—
(a) the person convicted, or
(b) any body with whose consent, connivance or approval the court is satisfied the offence was committed,
to pay to the Board or to any party or person who appeared at the oral hearing such an amount as is equal to the amount of any additional costs that it is shown to the court to have been incurred by the Board, party or person in appearing or being represented at the oral hearing by reason of the commission of the offence.]
Annotations
Amendments:
F666
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 25, S.I. No. 645 of 2023.
F667
Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 31, S.I. No. 525 of 2006.
F668
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 25, S.I. No. 645 of 2023.
F669
Substituted (1.10.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 72, S.I. No. 487 of 2022.
F670
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 46(a)-(d), S.I. No. 405 of 2010.
F671
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 46(e), (f), S.I. No. 405 of 2010.
Editorial Notes:
E310
Previous affecting provision: subs. (1) amended (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 13, S.I. No. 715 of 2021; substituted (16.12.2023) as per F-note above.
E311
Previous affecting provision: subs. (1) amended (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(e)(ii), S.I. No. 458 of 2001; substituted (1.10.2022) as per F-note above.
E312
Previous affecting provision: subs. (1) amended (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(e)(i), S.I. No. 458 of 2001; substituted (17.12.2021) as per F-note above.
Prosecution of offences.
157.—(1) Subject to section 149, summary proceedings for an offence under this Act may be brought and prosecuted by a planning authority whether or not the offence is committed in the authority’s functional area.
F672[(1A) Summary proceedings for an offence under this Part may be brought and prosecuted by the Maritime Area Regulatory Authority whether or not the offence is committed in the maritime area.]
(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, and subject to subsection (3) of this section, summary proceedings may be commenced—
(a) at any time within 6 months from the date on which the offence was committed, or
(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify proceedings comes to that person’s knowledge,
whichever is the later.
(3) For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date or dates on which evidence described in subsection (2)(b) came to his or her knowledge shall be evidence of the date or dates and in any legal proceedings a document purporting to be a certificate under this section and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.
(4) (a) No warning letter or enforcement notice shall issue and no proceedings for an offence under this Part shall commence—
(i) in respect of a development where no permission has been granted, after seven years from the date of the commencement of the F673[development,]
(ii) in respect of a development for which permission has been granted under Part III F672[or section 293], after seven years beginning on the expiration, as respects the permission authorising the development, of the appropriate period within the meaning of section 40 or, as the case may be, of the period as extended under F673[section 42,]
F674[(iii) in respect of a development in respect of which a certificate has been issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, after seven years beginning on the date the certificate ceases to have effect in accordance with Part 4 of the Dublin Docklands Development Authority (Dissolution) Act 2015.]
F675[(aa) Notwithstanding paragraph (a) a warning letter or enforcement notice may issue at any time or proceedings for an offence under this Part may commence at any time in respect of unauthorised quarry development or unauthorised peat extraction development in the following circumstances:
(i) where no permission for the development has been granted under Part III and the development commenced not more than 7 years prior to the date on which this paragraph comes into operation;
(ii) where permission for the development has been granted under Part III and, as respects the permission—
(I) the appropriate period (within the meaning of section 40), or
(II) the appropriate period as extended under section 42 or 42A,
expired not more than 7 years prior to the date on which this paragraph comes into operation.
(ab) Notwithstanding paragraph (a) or (aa) a warning letter or enforcement notice may issue at any time to require any unauthorised quarry development or unauthorised peat extraction development to cease and proceedings for an offence under section 154 may issue at any time in relation to an enforcement notice so issued.]
(b) Notwithstanding paragraph (a), proceedings may be commenced at any time in respect of any condition concerning the use of land to which the permission is subject.
(c) It shall be presumed until the contrary is proved that proceedings were commenced within the appropriate period.
(5) Proceedings for other offences under this Act shall not be initiated later than 7 years from the date on which the offence concerned was alleged to have been committed.
Annotations
Amendments:
F672
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 23, S.I. No. 488 of 2022.
F673
Substituted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 32(a), (b), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F674
Inserted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 32(c), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F675
Substituted (15.11.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 28, S.I. No. 583 of 2011.
Editorial Notes:
E313
Previous affecting provision: section amended by Planning and Development (Amendment) Act 2010 (30/2010), s. 47, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
Offences by bodies corporate.
158.—(1) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of a person being a director, manager, secretary or other officer of the body or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
Payment of fines to planning authorities.
159.—Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, it shall provide by order for the payment of the amount of the fine to the planning authority and the payment may be enforced by the authority as if it were due to it on foot of a decree or order made by the court in civil proceedings.
Injunctions in relation to unauthorised development.
160.—(1) Where an unauthorised development has been, is being or is likely to be carried out or continued, the High Court or the Circuit Court may, on the application of a planning authority or any other person, whether or not the person has an interest in the land, by order require any person to do or not to do, or to cease to do, as the case may be, anything that the Court considers necessary and specifies in the order to ensure, as appropriate, the following:
(a) that the unauthorised development is not carried out or continued;
(b) in so far as is practicable, that any land is restored to its condition prior to the commencement of any unauthorised development;
F676[(c) that any development is carried out in conformity with—
(i) in the case of a permission granted under this Act, the permission pertaining to that development or any condition to which the permission is subject, or
(ii) in the case of a certificate issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, the planning scheme made under those Acts to which the certificate relates and any conditions to which the certificate is subject.]
(2) In making an order under subsection (1), where appropriate, the Court may order the carrying out of any works, including the restoration, reconstruction, removal, demolition or alteration of any structure or other feature.
(3) (a) An application to the High Court or the Circuit Court for an order under this section shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.
(b) Subject to section 161, the order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.
(4) (a) Rules of court may provide for an order under this section to be made against a person whose identity is unknown.
(b) Any relevant rules of Court made in respect of section 27 (inserted by section 19 of the Act of 1992) of the Act of 1976 shall apply to this section and shall be construed to that effect.
(5) (a) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land which is the subject of the application is situated.
(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the F677[market value] of the land which is the subject of the application does not exceed F677[€3,000,000].
(c) The Circuit Court may, for the purposes of paragraph (b), in relation to land that has not been given a F677[market value] or is the subject with other land of a F677[market value], determine that its F677[market value] would exceed, or would not exceed, F677[€3,000,000].
(d) Where the F677[market value] of any land which is the subject of an application under this section exceeds F677[€3,000,000], the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order.
F678[(e) In this subsection "market value" means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]
F679[(5A) (a) An application under this section to the Circuit Court shall, in respect of development situated wholly or partly in the nearshore area of a coastal planning authority, be made to the judge of the Circuit Court for the circuit in which the functional area (other than the nearshore area) of that coastal planning authority is situated.
(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section in relation to a development referred to in paragraph (a) where the aggregate amount of the levy or levies payable under Chapter 7 of Part 4 of the Maritime Area Planning Act 2021 in respect of the maritime area consent granted to the person who carried out the development does not exceed €500,000.
(5B) (a) An application under this section, in respect of development situated wholly or partly in the nearshore area of a coastal planning authority, shall be made to the High Court if that development was carried out by or on behalf of a person who at the time of the carrying out of the development was not the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development.
(b) An application under this section, in respect of development situated wholly in the outer maritime area, shall be made to the High Court.]
(6) (a) An application to the High Court or Circuit Court for an order under this section shall not be made—
(i) in respect of a development where no permission has been granted, after the expiration of a period of 7 years from the date of the commencement of the development, F680[…]
(ii) in respect of a development for which permission has been granted under Part III F679[or section 293], after the expiration of a period of 7 years beginning on the expiration, as respects the permission authorising the development, of the appropriate period (within the meaning of section 40) or, as the case may be, of the appropriate period as extended under F681[section 42, or]
F682[(iii) in respect of a development in respect of which a certificate has been issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, after the expiration of a period of 7 years beginning on the date the certificate ceases to have effect in accordance with Part 4 of the Dublin Docklands Development Authority (Dissolution) Act 2015.]
F683[(aa) Notwithstanding paragraph (a) an application to the High Court or Circuit Court for an order under this section may be made at any time in respect of unauthorised quarry development or unauthorised peat extraction development in the following circumstances:
(i) where no permission for the development has been granted under Part III and the development commenced not more than 7 years prior to the date on which this paragraph comes into operation;
(ii) where permission for the development has been granted under Part III and, as respects the permission—
(I) the appropriate period (within the meaning of section 40), or
(II) the appropriate period as extended under section 42 or 42A,
expired not more than 7 years prior to the date on which this paragraph comes into operation.
(ab) Notwithstanding paragraph (a) or (aa), an application to the High Court or Circuit Court may be made at any time for an order under this section to cease unauthorised quarry development or unauthorised peat extraction development.]
(b) Notwithstanding paragraph (a), an application for an order under this section may be made at any time in respect of any condition to which the development is subject concerning the ongoing use of the land.
(7) Where an order has been sought under this section, any other enforcement action under this Part may be commenced or continued.
Annotations
Amendments:
F676
Substituted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 33(a), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F677
Substituted (11.01.2017) by Civil Liability and Courts Act 2004 (31/2004), s. 53(2)(a), S.I. No. 2 of 2017.
F678
Inserted (11.01.2017) by Civil Liability and Courts Act 2004 (31/2004), s. 53(2)(b), S.I. No. 2 of 2017.
F679
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 24, S.I. No. 488 of 2022.
F680
Repealed (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s.33(b)(i), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F681
Substituted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 33(b)(ii), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F682
Inserted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 33(b)(iii), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F683
Inserted (15.11.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 29, S.I. No. 583 of 2011.
Modifications (not altering text):
C204
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 20204 (34/2024), s. 351(4)(b), not commenced as of date of revision.
Planning injunctions in relation to unauthorised development
351. ...
(4) (a) Rules of court may provide for an order under this section to be made against a person whose identity is unknown.
(b) Rules of court made for the purposes of section 160 of the Act of 2000 shall be deemed to have been made for the purposes of this section as well as the said section 160, and accordingly such rules shall have effect in relation to this section and references therein to the said section 160 shall be construed as including references to this section.
...
Editorial Notes:
E314
Previous affecting provision: subs. (6) amended by Planning and Development (Amendment) Act 2010 (30/2010), s. 48, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
Costs of prosecutions and applications for injunctions.
161.—(1) The court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay—
(a) where a person is convicted of an offence under this Part, to the planning authority, or
(b) where the person is the subject of an order under section 160, to the planning authority or to any other person as appropriate,
the costs and expenses of the action, measured by the court.
(2) Where costs or expenses are to be paid to the authority, they shall include any such costs or expenses reasonably incurred by the authority in relation to the investigation, detection and prosecution of the offence or order, as appropriate, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.
Evidence of permission.
F684[162.—(1) In any proceedings for an offence under this Act, the onus of proving the existence of—
(a) any permission granted under Part III F685[or section 293],
(b) any certificate issued by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, or
(c) any certificate issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997,
shall be on the defendant.]
(2) Notwithstanding subsection (1) of this section, it shall not be a defence to a prosecution under this Part if the defendant proves that he or she has applied for or has been granted permission under F686[section 34(12C)]—
(a) since the initiation of proceedings under this Part,
(b) since the date of the sending of a warning letter under section 152, or
(c) since the date of service of an enforcement notice in a case of urgency in accordance with section 155.
(3) No enforcement action under this Part (including an application under section 160) shall be stayed or withdrawn by reason of an F687[application for permission for retention of unauthorised development] under F688[section 34(12C)] or the grant of that permission.
Annotations
Amendments:
F684
Substituted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 34, commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F685
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 25, S.I. No. 488 of 2022.
F686
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 31, S.I. No. 436 of 2018.
F687
Substituted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(f), S.I. No. 458 of 2001.
F688
Substituted (23.03.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 49, S.I. No. 132 of 2011.
Permission not required for any works required under this Part.
163.—Notwithstanding Part III F689[or section 293], permission shall not be required in respect of development required by a notice under section 154 or an order under section 160 F690[(disregarding development for which there is in fact permission under Part III F689[or section 293] or in respect of which a certificate has been issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986)].
Annotations
Amendments:
F689
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 26, S.I. No. 488 of 2022.
F690
Substituted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 35, commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
Transitional arrangements for offences.
164.—Notwithstanding any repeal of any enactment (“repealed enactment”) by this Act, where proceedings have been initiated in respect of any offence under the repealed enactment, or an enforcement notice or a warning notice (within the meaning of the relevant provisions) has issued under any provision of the repealed enactment, or an application to a Court has been made under section 27 of the Act of 1976, the relevant provision which applied before the repeal shall continue to so apply until the proceedings have been finalised, the notices complied with or withdrawn or the application determined, as the case may be.
F691[Development in Dublin Docklands Area
164A.—For the avoidance of doubt, Dublin City Council is the planning authority in respect of a development in respect of which a certificate has been issued by—
(a) the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997, or
(b) the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986.]
Annotations
Amendments:
F691
Inserted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 36, commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
PART IX
Strategic Development Zones
Annotations
Modifications (not altering text):
C205
Prospective affecting provision: application of Part continued by Planning and Development Act 2024 (34/2024), s. 529(1), not commenced as of date of revision.
Planning scheme for strategic development zones
592.—(1) Where any draft planning scheme has been prepared under section 168 of the Act of 2000 but not yet made, a planning scheme may be made pursuant to Part IX of the Act of 2000 notwithstanding its repeal, and upon the making of the planning scheme, this Part shall apply to the planning scheme and the site.
...
Interpretation.
165.—In this Part—
“development agency” means the Industrial Development Agency (Ireland), Enterprise Ireland, F692[…] Údarás na Gaeltachta, the National Building Agency Limited, F693[the Grangegorman Development Agency, F695[the Land Development Agency, a local authority or such other person as may be prescribed by the Minister for the purposes of this Part;]]
F694["relevant public land" has the same meaning as it has in the Land Development Agency Act 2021;]
“strategic development zone” means a site or sites to which a planning scheme made under section 169 applies.
Annotations
Amendments:
F692
Deleted (5.09.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 37(1), commenced as per s. 43 and S.I. No. 396 of 2014.
F693
Substituted (11.07.2005) by Grangegorman Development Agency Act 2005 (21/2005), s. 42, commenced on enactment.
F694
Inserted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 78(b)(i), S.I No. 143 of 2022.
F695
Substituted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 78(b)(ii), S.I. No 143 of 2022.
Designation of sites for strategic development zones.
166.—(1) Where, in the opinion of the Government, specified development is of economic or social importance to the State, the Government may be order, when so proposed by the Minister, designate one or more sites for the establishment, in accordance with the provisions of this Part, of a strategic development zone to facilitate such development.
(2) The Minister shall, before proposing the designation of a site or sites to the Government under subsection (1), consult with any relevant development agency or planning authority on the proposed designation.
(3) An order under subsection (1) shall—
(a) specify the development agency or development agencies for the purposes of section 168,
(b) specify the type or types of development that may be established in the strategic development zone, and
(c) state the reasons for specifying the development and for designating the site or sites.
(4) The Minister shall send a copy of any order made under this section to any relevant development agency, planning authority and F696[regional assembly] and to the Board.
(5) Development that is specified in an order under subsection (3) shall be deemed to include development that is ancillary to, or required for, the purposes of development so specified, and may include any necessary infrastructural and community facilities and services.
(6) The Government may revoke or amend an order made under this section.
F697[(7) In this section, the Land Development Agency shall not be a relevant development agency unless each site referred to in subsection (2) is wholly or partly on relevant public land or land owned by the Agency.]
Annotations
Amendments:
F696
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 82, S.I. No. 214 of 2014.
F697
Inserted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 78(c), S.I. No. 143 of 2022.
Modifications (not altering text):
C206
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), ss. 590(1), 592(2)(a), not commenced as of date of revision.
Designation of sites for strategic development zones
590.—(1) Sites designated under section 166 of the Act of 2000 for the establishment of strategic development zones shall, unless such designation is revoked under this Part, continue in being as strategic development zones for the purposes for which they were so designated.
(2) The Government may revoke or amend an order made under section 166 of the Act of 2000, but no such amendment shall designate any site not already part of a strategic development zone at the date of commencement of this Part, unless it is ancillary to a site already so designated and is reasonably necessary for the purpose of the development of the site already so designated.
...
Planning scheme for strategic development zones
592.— …
(2) (a) Where no draft planning scheme has been prepared under section 168 of the Act of 2000 in respect of a site or part of a site designated under an order made under section 166 of the Act of 2000, and no order has been made revoking or amending the first-mentioned order in a manner that excludes that site or part of a site, the relevant development agency (other than a local authority) or, where an agreement referred to in section 167 of the Act of 2000 or section 591 has been made, the relevant development agency (other than a local authority) and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site and submit it to the relevant planning authority.
...
Editorial Notes:
E315
Power pursuant to section exercised (31.05.2017) by Planning and Development Act 2000 (Designation of Strategic Development Zone: Ireland West Airport Knock) Order 2017 (S.I. No. 266 of 2017), in effect as per art. 1(2).
E316
Power pursuant to section exercised (18.05.2016) by Planning and Development Act 2000 (Designation of Strategic Development Zone: Poolbeg West, Dublin City) Order 2016 (S.I. No. 279 of 2016), in effect as per art. 1(2).
E317
Power pursuant to section exercised (20.01.2016) by Planning and Development Act 2000 (Designation of Strategic Development Zone: North Quays, Waterford City) Order 2016 (S.I. No. 30 of 2016), in effect as per art. 1(2).
E318
Power pursuant to section exercised (25.12.2015) by Planning and Development Act 2000 (Designation of Strategic Development Zone: Balgaddy-Clonburris, South Dublin County) Order 2015 (S.I. No. 604 of 2015), in effect as per art. 1(2).
E319
Power pursuant to section exercised (18.12.2012) by Planning and Development Act 2000 (Designation of Strategic Development Zone: North Lotts and Grand Canal Dock) Order 2012 (S.I. No. 530 of 2012).
E320
Power pursuant to section exercised (24.05.2011) by Planning and Development Act 2000 (Strategic Development Zone) (Amendment) Order 2011 (S.I. No. 243 of 2011).
E321
Power pursuant to section exercised (22.12.2010) by Planning and Development Act 2000 (Strategic Development Zone) Order 2010 (S.I. No. 678 of 2010).
E322
Power pursuant to section exercised (25.05.2010) by Planning and Development Act 2000 (Strategic Development Zone) (No. 2) Order 2010 (S.I. No. 540 of 2010).
E323
Power pursuant to section exercised (25.05.2010) by Planning and Development Act 2000 (Strategic Development Zone: Cherrywood, Dún Laoghaire-Rathdown County) Order 2010 (S.I. No. 535 of 2010).
E324
Power pursuant to section exercised (1.07.2001) by Planning and Development Act, 2000 (Designation of Strategic Development Zone - Clonmagadden Valley, Navan) Order 2001 (S.I. No. 274 of 2001).
E325
Power pursuant to section exercised (1.07.2001) by Planning and Development Act, 2000 (Designation of Strategic Development Zone - Hansfield, Blanchardstown) Order 2001 (S.I. No. 273 of 2001).
E326
Power pursuant to section exercised (1.07.2001) by Planning and Development Act, 2000 (Designation of Strategic Development Zone - Adamstown, Lucan) Order 2001 (S.I. No. 272 of 2001).
E327
Previous affecting provision: power pursuant to section exercised (31.07.2006) by Planning and Development Act 2000 (Designation of Strategic Development Zone: Balgaddy-Clonburris, South Dublin County) Order 2006 (S.I. No. 442 of 2006); revoked (25.12.2015) by Planning and Development Act 2000 (Designation of Strategic Development Zone: Balgaddy-Clonburris, South Dublin County) Order 2015 (S.I. No. 604 of 2015), art. 7, in effect as per art. 1(2).
Acquisition of site for strategic development zone.
167.—(1) A planning authority may use any powers to acquire land that are available to it under any enactment, including any powers in relation to the compulsory acquisition of land, for the purposes of providing, securing or facilitating the provision of, a site referred to in section 166(1).
(2) Where a person, other than the relevant development agency, has an interest in land, or any part of land, on which a site or sites referred to in an order under section 166(1) is or are situated, the relevant development agency may enter into an agreement with that person for the purpose of facilitating the development of the land.
(3) An agreement made under subsection (2) with any person having an interest in land may be enforced by the relevant development agency against persons deriving title under that person in respect of that land.
F698[(4) In this section, the Land Development Agency shall not be a relevant development agency unless each site referred to in section 166(2) is wholly or partly on relevant public land or land owned by the Agency.]
Annotations
Amendments:
F698
Inserted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 78(d), S.I. No. 143 of 2022.
Planning scheme for strategic development zones.
168.—F699[(1) Subject to subsection (1A), as soon as may be after the making of an order designating a site under section 166—
(a) the relevant development agency (other than a local authority) or, where an agreement referred to in section 167 has been made, the relevant development agency (other than a local authority) and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site and submit it to the relevant planning authority,
(b) the local authority, where it is the development agency, or where an agreement referred to in section 167 has been made, the local authority and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site.
(1A) The first draft planning scheme under subsection (1) in respect of all or any part of a site designated under section 166, shall be prepared not later than 2 years after the making of the order so designating the site.]
(2) F699[A draft planning scheme under this section shall consist of a written statement and a plan indicating the manner in which it is intended that the site or part of the site designated under section 166 to which the scheme relates is to be developed and in particular—]
(a) the type or types of development which may be permitted to establish on the site (subject to the order of the Government under section 166),
(b) the extent of any such proposed development,
(c) proposals in relation to the overall design of the proposed development, including the maximum heights, the external finishes of structures and the general appearance and design,
(d) proposals relating to transportation, including public transportation, the roads layout, the provision of parking spaces and traffic management,
(e) proposals relating to the provision of services on the site, including the provision of waste and sewerage facilities and water, electricity and telecommunications services, oil and gas pipelines, including storage facilities for oil or gas,
(f) proposals relating to minimising any adverse effects on the environment, including the natural and built environment, and on the amenities of the area, and
(g) where the scheme provides for residential development, proposals relating to the provision of amenities, facilities and services for the community, including schools, créches and other education and childcare services.
F700[(3) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030 - 0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a planning scheme.]
F701[(3A) A screening for appropriate assessment and, if required, an appropriate assessment of a draft planning scheme shall be carried out in accordance with Part XAB.]
(4) (a) A draft planning scheme for residential development shall be consistent with the housing strategy prepared by the planning authority in accordance with Part V.
(b) Where land in a strategic development zone is to be used for residential development, an objective to secure the implementation of the housing strategy shall be included in the draft planning scheme as if it were a specific objective under section 95(1)(b).
(5) Where an area designated under section 166 is situated within the functional area of two or more planning authorities the functions conferred on a planning authority under this Part shall be exercised—
(a) jointly by the planning authorities concerned, or
(b) by one of the authorities, provided that the consent of the other authority or authorities, as appropriate, is obtained prior to the making of the scheme under section 169,
and the words “planning authority” shall be construed accordingly.
F702[(6) In this section, the Land Development Agency shall not be a relevant development agency unless each site referred to in subsection (1) is wholly or partly on relevant public land or land owned by the Agency.]
Annotations
Amendments:
F699
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 50(a) and (b), S.I. No. 477 of 2010.
F700
Substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 8.
F701
Substituted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 4, commenced on enactment.
F702
Inserted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 78(e), S.I. No. 143 of 2022.
Modifications (not altering text):
C207
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 592(1), (2), not commenced as of date of revision.
Planning scheme for strategic development zones
592.—(1) Where any draft planning scheme has been prepared under section 168 of the Act of 2000 but not yet made, a planning scheme may be made pursuant to Part IX of the Act of 2000 notwithstanding its repeal, and upon the making of the planning scheme, this Part shall apply to the planning scheme and the site.
(2) (a) Where no draft planning scheme has been prepared under section 168 of the Act of 2000 in respect of a site or part of a site designated under an order made under section 166 of the Act of 2000, and no order has been made revoking or amending the first-mentioned order in a manner that excludes that site or part of a site, the relevant development agency (other than a local authority) or, where an agreement referred to in section 167 of the Act of 2000 or section 591 has been made, the relevant development agency (other than a local authority) and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site and submit it to the relevant planning authority.
(b) The local authority, where it is the development agency, or where an agreement referred to in section 167 of the Act of 2000 or section 591 has been made, the local authority and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site.
...
Editorial Notes:
E328
Power pursuant to subs. (3) exercised (18.12.2012) by Planning and Development Act 2000 (Designation of Strategic Development Zone: North Lotts and Grand Canal Dock) Order 2012 (S.I. No. 530 of 2012).
E329
Power pursuant to subs. (3) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).
E330
Power pursuant to subs. (3) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).
E331
Previous affecting provision: subs. (3A) inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 50(c), S.I. No. 475 of 2011; substituted as per F-note above.
Making of planning scheme.
169.—(1) Where a draft planning scheme has been prepared and submitted to the planning authority in accordance with section 168, the planning authority shall, as soon as may be—
(a) send notice and copies of the draft scheme to the Minister, the Board and the prescribed authorities,
(b) publish notice of the preparation of the draft scheme in one or more newspapers circulating in its area.
(2) A notice under subsection (1) shall state—
(a) that a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 6 weeks (and the copy shall be kept available for inspection accordingly), and
(b) that written submissions or observations with respect to the draft scheme made to the planning authority within the stated period will be taken into consideration in deciding upon the scheme.
(3) (a) Not longer than 12 weeks after giving notice under subsection (2) the F703[chief executive] of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration.
(b) A report under paragraph (a) shall—
F704[(i) list the persons or bodies who made submissions or observations for the purposes of subsections (1) and (2),]
(ii) summarise the issues raised by the persons or bodies in the submissions or observations,
(iii) give the response of the F703[chief executive] to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
(4) (a) The members of a planning authority shall consider the draft planning scheme and the report of the F703[chief executive] prepared and submitted in accordance with subsection (3).
F705[(b) The draft planning scheme shall be deemed to be made 6 weeks after the submission of that draft planning scheme and report to the members of the planning authority in accordance with subsection (3) unless the planning authority decides, by resolution, to—
(i) make, subject to variations and modifications, the draft planning scheme (and the passing of such a resolution shall be subject to paragraphs (ba) and (be)), or
(ii) not to make the draft planning scheme.
(ba) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are to be carried out as respects one or more than one proposed variation or modification that would, if made, be a material alteration of the draft planning scheme.
(bb) The F703[chief executive] shall, not later than 2 weeks after a determination under paragraph (ba) specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph (ba).
(bc) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (ba) is required, in at least one newspaper circulating in its area.
(bd) The notice referred to in paragraph (bc) shall state—
(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (ba) is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and
(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (ba) and made to the planning authority within a stated period shall be taken into account by the authority before the draft planning scheme is made.
(be) The planning authority shall carry out an assessment referred to in paragraph (ba) of the proposed material alteration of the draft planning scheme within the period specified by the F703[chief executive].]
(c) Where a draft planning scheme is—
(i) deemed, in accordance with paragraph (b), to have been made, or
(ii) made in accordance with paragraph (b)(i),
it shall have effect 4 weeks from the date of such making unless an appeal is brought to the Board under subsection (6).
(5) (a) Following the decision of the planning authority under subsection (4) the authority shall, as soon as may be, and in any case not later than 6 working days following the making of the decision—
(i) give notice of the decision of the planning authority to the Minister, the Board, the prescribed authorities and any person who made written submissions or observations on the draft scheme, and
(ii) publish notice of the decision in one or more newspapers circulating in its area.
(b) A notice under paragraph (a) shall—
(i) give the date of the decision of the planning authority in respect of the draft planning scheme,
(ii) state the nature of the decision,
(iii) state that a copy of the planning scheme is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly),
(iv) state that any person who made submissions or observation regarding the draft scheme may appeal the decision of the planning authority to the Board within 4 weeks of the date of the planning authority’s decision, and
(v) contain such other information as may be prescribed.
(6) The development agency or any person who made submissions or observations in respect of the draft planning scheme may, for stated reasons, within 4 weeks of the date of the decision of the planning authority appeal the decision of the planning authority to the Board.
F704[(7) (a) Following consideration of an appeal made under this section, the Board may—
(i) subject to paragraph (b) and (c) and subsection (7A), approve the making of the planning scheme, with or without any modifications, or
(ii) refuse to approve the making of the planning scheme.
(b) Except where otherwise provided for by and in accordance with paragraph (c) and subsection (7A), the Board shall not approve, on an appeal under this section, a planning scheme with a modification where it determines that the making of the modification would constitute the making of a material change in the overall objectives of the planning scheme concerned.
(c) If the Board determines that the making of a modification to which, but for this paragraph, paragraph (b) would apply—
(i) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC1 on the assessment of the effects of certain plans and programmes on the environment) or on a European site, then it may approve the planning scheme with such a modification and notify the planning authority or each planning authority for the area or areas concerned, of the modification, or
(ii) constitutes the making of a material change but would not constitute a change in the overall objectives of the planning scheme concerned, then, subject to subsection (7A), it shall approve the planning scheme with such modification.
(d) Where the Board approves the making of a planning scheme in accordance with paragraph (a) or (c), the planning authority shall, as soon as practicable, publish notice of the approval of the scheme in at least one newspaper circulating in its area, and shall state that a copy of the planning scheme is available for inspection at a stated place or places, a copy of which shall be made available for inspection accordingly.]
F706[(7A) (a) Before making a decision under subsection (7)(c)(ii) in respect of a planning scheme, the Board shall—
(i) determine whether the extent and character of the modification it is considering are such that the modification, if it were made, would be likely to have a significant effect on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, and
(ii) for the purpose of so determining, the Board shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering.
(b) If the Board determines that the making of a modification referred to in subsection (7)(c)(ii) —
(i) is not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, then it may approve the planning scheme concerned with the modification, or
(ii) is likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) 2 or on a European site, then it shall require the relevant planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed modification.
(c) Before making a determination under subsection (7)(c)(ii), the Board shall require the relevant planning authority—
(i) to send notice and copies of the proposed modification of the planning scheme concerned to the Minister and the prescribed authorities, and
(ii) to publish a notice of the proposed modification of the planning scheme concerned in one or more newspapers circulating in that area,
and every such notice shall state—
(I) the reason or reasons for the proposed modification,
(II) that a copy of the proposed modification, along with any assessment undertaken in accordance with paragraph (b)(ii), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and
(III) that written submissions or observations with respect to the proposed modification may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed modification,
and the copy of the proposed modification shall be made available for inspection accordingly.
(d) Not later than 8 weeks after giving notice under paragraph (c), or such additional time as may be required to complete any assessment that may be required pursuant to subsection (7A)(b)(ii) and agreed with the Board, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Board for its consideration.
(e) A report under paragraph (d) shall—
(i) list the persons or bodies who made submissions or observations for the purposes of paragraph (c)(III),
(ii) summarise the issues raised in the submissions or observations so made,
(iii) include, where and if required for the purposes of subsection (7A)(b)(ii), either or both—
(I) the environmental report and strategic environmental assessment, and
(II) the Natura impact report and appropriate assessment,
of the planning authority, and
(iv) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning scheme, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
(f) Where a report has been submitted to the Board under paragraph (d), the planning authority concerned shall, upon being requested by the Board, provide it with copies of such submissions or observations to which that paragraph relates as are so requested.
(g) The Board shall have regard to any report prepared in accordance with paragraphs (d) and (e), and
(h) Subject to any obligations that may arise under Part XAB, if the Board makes a determination to make a modification as referred to in subsection (7)(c)(ii), it shall—
(i) approve the planning scheme with the modification accordingly,
(ii) notify the planning authority or each planning authority for the area or areas concerned of the modification, and
(iii) notify any person who made a submission or observation in accordance with paragraph (c)(III) of the determination under subsection (7)(c).]
(8) In considering a draft planning scheme under this section a planning authority or the Board, as the case may be, shall consider the proper planning and sustainable development of the area and consider the provisions of the development plan, the provisions of the housing strategy, F707[any specific planning policy requirements contained in guidelines under subsection (1) of section 28,] the provisions of any special amenity area order or the conservation and preservation of any European Site and, where appropriate—
(a) the effect the scheme would have on any neighbouring land to the land concerned,
(b) the effect the scheme would have on any place which is outside the area of the planning authority, and
(c) any other consideration relating to development outside the area of the planning authority, including any area outside the State.
F707[(8A) (a) A planning scheme that contains a provision that contravenes any specific planning policy requirement in guidelines under subsection (1) of section 28 shall be deemed to have been made, under paragraph (b) of subsection (4) of section 169, subject to the deletion of that provision.
(b) Where a planning scheme contravenes a specific planning policy requirement in guidelines under subsection (1) of section 28 by omission of a provision in compliance with that requirement, the planning scheme shall be deemed to have been made under paragraph (b) of subsection (4) of section 169 subject to the addition of that provision.]
(9) A planning scheme made under this section shall be deemed to form part of any development plan in force in the area of the scheme until the scheme is revoked, and any contrary provisions of the development plan shall be superseded.
Annotations
Amendments:
F703
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 63, 64, S.I. No. 436 of 2018.
F704
Substituted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 5(a), (b), commenced on enactment.
F705
Substituted and inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 51, S.I. No. 477 of 2010.
F706
Inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 5(b), commenced on enactment.
F707
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 31(a), (b), S.I. No. 436 of 2018.
Modifications (not altering text):
C208
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 593(11), not commenced as of date of revision.
Making of planning scheme
593.— …
(11) A planning scheme made under this section or section 169 of the Act of 2000 shall be deemed to form part of any development plan in force in the area of the scheme until the scheme is revoked, and any contrary provisions of the development plan shall be superseded.
Editorial Notes:
E332
Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 73 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E333
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E334
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).
E335
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E336
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
E337
Previous affecting provision: subs. (7)(a) substituted and (aa) inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 51, S.I. No. 477 of 2010; substituted as per F-note above.
Application for development in strategic development zone.
170.—(1) Where an application is made to a planning authority under section 34 for a development in a strategic development zone, that section and any permission regulations shall apply, subject to the other provisions of this section.
(2) F708[Subject to the provisions of Part X or Part XAB, or both of those Parts as appropriate, a planning authority shall] grant permission in respect of an application for a development in a strategic development zone where it is satisfied that the development, where carried out in accordance with the application or subject to any conditions which the planning authority may attach to a permission, would be consistent with any planning scheme in force for the land in question, and no permission shall be granted for any development which would not be consistent with such a planning scheme.
(3) Notwithstanding section 37, no appeal shall lie to the Board against a decision of a planning authority on an application for permission in respect of a development in a strategic development zone.
(4) Where the planning authority decides to grant permission for a development in a strategic development zone, the grant shall be deemed to be given on the date of the decision.
Annotations
Amendments:
F708
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 30, S.I. No. 474 of 2011.
Editorial Notes:
E338
Previous affecting provision: subs. (2) amended by Planning and Development (Amendment) Act 2010 (30/2010), s. 52, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
F709[Amendment of planning scheme.
170A.—(1) A planning authority may, on its own behalf where it is promoting a planning scheme, or on behalf of a development agency which is promoting a planning scheme, make an application to the Board to request an amendment under this section to a planning scheme.
(2) Where an application under subsection (1) has been made, the Board shall make a decision, in a manner provided for by this section, as to whether the making of the amendment to which the request relates would constitute the making of a material change to the planning scheme.
(3) (a) Where the amendment F710[fails to satisfy] each of the criteria referred to in subparagraphs (i) to (iv) of paragraph (b) F711[…], the Board shall require the planning authority to amend the planning scheme in compliance with the procedure laid down in section 169 and that section shall be construed and have effect accordingly.
(b) The criteria referred to in paragraph (a) are that the amendment to the planning scheme concerned—
(i) would not constitute a change in the overall objectives of the planning scheme concerned,
(ii) would not relate to already developed land in the planning scheme,
F712[(iii) would not significantly increase or decrease the overall floor area or density of proposed development, and
(iv) would not adversely affect or diminish the amenity of the area that is the subject of the proposed amendment.]
(v) F713[…]
(4) If the Board determines that the making of the amendment to a planning scheme—
(a) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment) or on a European site, then it may approve the making of the amendment to the planning scheme and notify the planning authority or each planning authority for the area or areas concerned, of the amendment, or
(b) constitutes the making of a material change but is within the criteria set out in subsection (3)(b), then, subject to subsection (5), it may approve the making of the amendment to the planning scheme with such amendment, or an alternate amendment, being an amendment that would be different from that to which the request relates but would not represent, in the opinion of the Board, a more significant change than that which was proposed.
(5) Before making a determination to which subsection (4)(b) would relate, the Board shall establish whether or not the extent and character—
(a) of the amendment to which subsection (1) relates, and
(b) of any alternative amendment it is considering and to which subsection (4)(b) relates,
are such that, if the amendment were to be made, it would be likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site and, for that purpose, the Board shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering.
(6) If the Board determines that the making of either kind of amendment referred to in subsection (4)(b) —
(a) is not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, it shall proceed to make a determination under subsection (4)(b), or
(b) is likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, then it shall require the planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed amendment or alternative amendment.
(7) Before making a determination to which subsection (4)(b) would relate, the Board shall require the planning authority concerned—
(a) to send notice and copies of the proposed amendment of the planning scheme concerned to the Minister and the prescribed authorities, and
(b) to publish a notice of that proposed amendment in one or more newspapers circulating in the area concerned,
and every such notice shall state—
(i) the reason or reasons for the proposed amendment,
(ii) that a copy of the proposed amendment, along with any assessment undertaken according to subsection (6)(b), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and
(iii) that written submissions or observations with respect to the proposed amendment may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed amendment,
and the copy of the proposed amendment shall be made available for inspection accordingly.
(8) Not later than 8 weeks after giving notice under subsection (7), or such additional time as may be required to complete any assessment that may be required pursuant to subsection (6)(b) and agreed with the Board, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Board for its consideration.
(9) A report under subsection (8) shall—
(a) list the persons or bodies who made submissions or observations for the purposes of subsection (7)(iii),
(b) summarise the issues raised in the submissions or observations so made,
(c) include, where and if required for the purposes of subsection (6)(b), either or both—
(i) the environmental report and strategic environmental assessment, and
(ii) the Natura impact report and appropriate assessment,
of the planning authority, and
(d) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning scheme, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
(10) The Board shall have regard to any report prepared in accordance with subsections (8) and (9).
(11) Subject to any obligations that may arise under Part XAB, if the Board makes a determination to make an amendment of any kind referred to in subsection (4), it shall—
(a) approve the making of an amendment to the planning scheme accordingly,
(b) notify the planning authority or each planning authority for the area or areas concerned of the amendment, and
(c) notify any person who made a submission or observation in accordance subsection (7)(iii) of its determination under subsection (4).
(12) The amendment of a planning scheme shall not prejudice the validity of any planning permission granted or anything done in accordance with the terms of the scheme before it was amended except in accordance with the terms of this Act.
(13) Without prejudice to the generality of subsection (12), sections 40 and 42 shall apply to any permission granted under this Part.]
Annotations
Amendments:
F709
Inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 6, commenced on enactment.
F710
Substituted (28.12.2016) by Courts Act 2016 (22/2016), s. 5(a), commenced on enactment.
F711
Deleted (28.12.2016) by Courts Act 2016 (22/2016), s. 5(a), commenced on enactment.
F712
Substituted (28.12.2016) by Courts Act 2016 (22/2016), s. 5(b), commenced on enactment.
F713
Deleted (28.12.2016) by Courts Act 2016 (22/2016), s. 5(b), commenced on enactment.
Editorial Notes:
E339
The section heading is taken from the amending section in the absence of one included in the amendment.
Revocation of planning scheme.
F714[171.—(1) A planning authority may by resolution, with the consent of the relevant development agency, revoke a planning scheme made under this Part.
(2) Notice of the revocation of a planning scheme under this section shall be given in at least one newspaper circulating in the area of the planning authority.
(3) The revocation of a planning scheme shall not prejudice the validity of any planning permission granted or anything done in accordance with the terms of the scheme before it was revoked except in accordance with the terms of this Act.
(4) Without prejudice to the generality of subsection (3), sections 40 and 42 shall apply to any permission granted under this Part.]
Annotations
Amendments:
F714
Substituted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 7, commenced on enactment.
Editorial Notes:
E340
Amending or revoking a planning scheme for strategic development zones is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 74 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
PART X
Environmental Impact Assessment
Annotations
Modifications (not altering text):
C209
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), ss. 162(1), 629, not commenced as of date of revision.
Continued operation of Parts X and XAB of Act of 2000 in relation to certain classes of development
162.—(1) Where an application for approval was made under subsection (3) of section 175 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under subsection (9) of the said section 175 in relation to the application before such repeal, Part X of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.
...
Continued operation of Parts X and XAB of Act of 2000 in relation to certain classes of development
629.—Parts X and XAB of the Act of 2000 shall, on and after the repeal of those Parts by section 6, continue to apply and have effect in relation to—
(a) development requiring approval under section 43 of the Transport (Railway Infrastructure) Act 2001, and
(b) development requiring approval under section 51 of the Roads Act 1993.
F715[Interpretation.
F716[171A.—In this Part—
"environmental impact assessment" means a process—
(a) consisting of—
(i) the preparation of an environmental impact assessment report by the applicant in accordance with this Act and regulations made thereunder,
(ii) the carrying out of consultations in accordance with this Act and regulations made thereunder,
(iii) the examination by the planning authority or the Board, as the case may be, of—
(I) the information contained in the environmental impact assessment report,
(II) any supplementary information provided, where necessary, by the applicant in accordance with section 172(1D) and (1E), and
(III) any relevant information received through the consultations carried out pursuant to subparagraph (ii),
(iv) the reasoned conclusion by the planning authority or the Board, as the case may be, on the significant effects on the environment of the proposed development, taking into account the results of the examination carried out pursuant to subparagraph (iii) and, where appropriate, its own supplementary examination, and
(v) the integration of the reasoned conclusion of the planning authority or the Board, as the case may be, into the decision on the proposed development, and
(b) which includes—
(i) an examination, analysis and evaluation, carried out by the planning authority or the Board, as the case may be, in accordance with this Part and regulations made thereunder, that identifies, describes and assesses, in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed development on the following:
(I) population and human health;
(II) biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Birds Directive;
(III) land, soil, water, air and climate;
(IV) material assets, cultural heritage and the landscape;
(V) the interaction between the factors mentioned in clauses (I) to (IV), and
(ii) as regards the factors mentioned in subparagraph (i)(I) to (V), such examination, analysis and evaluation of the expected direct and indirect significant effects on the environment derived from the vulnerability of the proposed development to risks of major accidents or disasters, or both major accidents and disasters, that are relevant to that development;
"proposed development" means proposed development within the meaning of section 172(1A)(a).]]
Annotations
Amendments:
F715
Inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 53, S.I. No. 405 of 2010.
F716
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 16, in effect as per reg. 2(1).
Editorial Notes:
E341
Previous affecting provision: subs. (1) amended (31.10.2012) by European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012), reg. 2(b), substituted as per F-note above.
E342
Previous affecting provision: section inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 53, S.I. No. 405 of 2010, substituted as per F-note above.
Requirement for environmental impact statement.
F717[172.—F718[(1) An environmental impact assessment shall be carried out by the planning authority or the Board, as the case may be, in respect of an application for consent for proposed development where either—
(a) the proposed development would be of a class specified in—
(i) Part 1 of Schedule 5 of the Planning and Development Regulations 2001, and either—
(I) such development F719[would equal or exceed, as the case may be,] any relevant quantity, area or other limit specified in that Part, or
(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,
or
(ii) Part 2 F720[(other than subparagraph (a) of paragraph 2)] of Schedule 5 of the Planning and Development Regulations 2001 and either—
(I) such development F721[would equal or exceed, as the case may be,] any relevant quantity, area or other limit specified in that Part, or
(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,
or
(b) (i) the proposed development would be of a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001 but F722[does not equal or exceed, as the case may be,] the relevant quantity, area or other limit specified in that Part, and
F723[(ii) it is concluded, determined or decided, as the case may be,—
(I) by a planning authority, in exercise of the powers conferred on it by this Act or the Planning and Development Regulations 2001 (S.I. No. 600 of 2001),
(II) by the Board, in exercise of the powers conferred on it by this Act or those regulations,
(III) by a local authority in exercise of the powers conferred on it by regulation 120 of those regulations,
(IV) by a State authority, in exercise of the powers conferred on it by regulation 123A of those regulations,
(V) in accordance with section 13A of the Foreshore Act, by the appropriate Minister (within the meaning of that Act), or
(VI) by the Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on him or her by section 8A of the Minerals Development Act 1940,
that the proposed development is likely to have a significant effect on the environment.]]
(1A) In subsection (1)—
(a) "proposed development" means—
(i) a proposal to carry out one of the following:
(I) development to which Part III applies;
(II) development that may be carried out under Part IX;
F724[(III) development that may be carried out by a local authority under Part X or development that may be carried out under Part XI;]
(IV) development on the foreshore under Part XV;
(V) development under section 43 of the Act of 2001;
(VI) development under section 51 of the Roads Act 1993; F725[…]
F726[(VII) development to which Chapter III of Part XXI applies; and]
(ii) notwithstanding that development has been carried out, development in relation to which an application for substitute consent is required under Part XA;
(b) "consent for proposed development" means, as appropriate—
(i) grant of permission;
(ii) a decision of the Board to grant permission on application or on appeal;
(iii) consent to development under Part IX;
F724[(iv) consent to development that may be carried out by a local authority under Part X or development that may be carried out under Part XI;]
(v) consent to development on the foreshore under Part XV;
(vi) consent to development under section 43 of the Act of 2001;
(vii) consent to development under section 51 of the Roads Act 1993; or
(viii) substitute consent under Part XA.
F727[(1B) An applicant for consent to carry out a proposed development referred to in subsection (1)(a) shall furnish an environmental impact assessment report, which shall be prepared by experts with the competence to ensure its completeness and quality, to the planning authority or the Board, as the case may be, in accordance with the permission regulations.]
F724[(1C) Where the planning authority or the Board receives an application for consent for proposed development referred to in paragraph (b) of subsection (1) in relation to which the authority or the Board has made a determination referred to in that paragraph, and the application is not F728[accompanied by an environmental impact assessment report], the planning authority or Board, as the case may be, shall require the applicant to submit an F729[environmental impact assessment report and where the environmental impact assessment report] is not submitted within the period specified, or any further period as may be specified by the planning authority or the Board, the application for consent for the proposed development shall be deemed to be withdrawn.]]
F730[F731[(1D)(a) The planning authority or the Board, as the case may be, shall consider whether an environmental impact assessment report submitted under this section identifies and describes adequately the direct and indirect significant effects on the environment of the proposed development.
(b) Where the planning authority or the Board, as the case may be, considers that the environmental impact assessment report does not identify or adequately describe such effects, it shall require the applicant for consent to furnish, within a specified period, such further information, prescribed under section 177, which is necessary to ensure the completeness and quality of the environmental impact assessment report and which is directly relevant to reaching the reasoned conclusion on the significant effects on the environment of the proposed development, as the planning authority or the Board, as the case may be, considers necessary to remedy such defect.]
(1E) In addition to any requirement arising under subsection (1D), the planning authority or the Board, as the case may be, shall require an applicant for consent to furnish, within a specified period, any further information that the planning authority or the Board considers necessary to enable it to carry out an environmental impact assessment under this section.
(1F) Where information required by the planning authority or the Board under subsection (1D) or subsection (1E) is not furnished by the applicant for consent within the period specified, or any further period as may be specified by the planning authority or the Board, the application for consent for the proposed development shall be deemed to be withdrawn.
(1G) In carrying out an environmental impact assessment under this section the planning authority or the Board, as the case may be, shall consider—
(a) the F732[environmental impact assessment report];
(b) any further information furnished to the planning authority or the Board pursuant to subsections (1D) or (1E);
(c) any submissions or observations validly made in relation to the environmental effects of the proposed development;
(d) the views, if any, provided by any other Member State under section 174 or Regulations made under that section.
F733[(1GA)(a) Paragraph (b) applies where an environmental impact assessment under this section and an appropriate assessment following a determination under section 177U(4) are required to be carried out simultaneously in respect of the same development.
(b) The planning authority or the Board, as the case may be, shall coordinate the 2 assessments.]
(1H) In carrying out an environmental impact assessment under this section the planning authority or the Board, as the case may be, F734[shall ensure it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report to ensure its completeness and quality and] may have regard to and adopt in whole or in part any reports prepared by its officials or by consultants, experts or other advisers.
F735[(1I)(a) Where the planning authority or the Board, as the case may be, decides to grant consent for the proposed development, it shall—
(i) attach such conditions, if any, to the grant as it considers necessary, to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development,
(ii) in the decision, specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development, and
(iii) subject to paragraph (b), where appropriate, specify in the decision measures to monitor the significant adverse effects on the environment of the proposed development, being measures which, as regards the types of parameters to be monitored and the duration of the monitoring, are proportionate to the nature, location and size of the proposed development and the significance of the effects on the environment of the proposed development.
(b) Where the planning authority or the Board, as the case may be, decides to grant consent for the proposed development, it may, if appropriate to avoid duplication of monitoring, and without prejudice to existing monitoring arrangements pursuant to national or European Union legislation (other than the Environmental Impact Assessment Directive), identify those arrangements (or such of those arrangements as it thinks appropriate in the particular case) to be used for the purpose of paragraph (a)(iii).]
(1J) When the planning authority or the Board, as the case may be, has decided whether to grant or to refuse consent for the proposed development, it shall inform the applicant for consent and the public of the decision and shall make the following information available to the applicant for consent and the public:
(a) the content of the decision and any conditions attached thereto;
(b) an evaluation of the direct and indirect F736[significant effects of the proposed development on the matters set out in paragraph (b) of the definition of "environmental impact assessment" in section 171A];
(c) having examined any submission or observation validly made,
(i) the main reasons and considerations on which the decision is based, and
(ii) the main reasons and considerations for the attachment of any conditions, including reasons and considerations arising from or related to submissions or observations made by a member of the public;
(d) F737[…]
(e) any report referred to in subsection (1H);
(f) information for the public on the procedures available to review the substantive and procedural legality of the decision, and
(g) the views, if any, furnished by other Member States of the European Union pursuant to section 174.]
(2) In addition to the matters set out in section 33(2), the Minister may make permission regulations in relation to the submission of planning applications which are to be accompanied by F738[environmental impact assessment reports].
(3) F739[(a)(i) At the request of an applicant or of a person intending to apply for permission, the Board may take the action specified in subparagraph (ii) after having afforded the planning authority concerned an opportunity to furnish observations on the request and where the Board is satisfied that—
(I) exceptional circumstances so warrant,
(II) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and
(III) the objectives of the Environmental Impact Assessment Directive are otherwise met.
(ii) Subject to subparagraph (iii), the Board may grant in respect of the proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact assessment report.
(iii) No exemption may be granted under subparagraph (ii) in respect of the proposed development if another Member State of the European Union or other state party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it intends to furnish views on those effects.]
F740[(b) The Board shall, in granting an exemption under paragraph (a), —
(i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other form, and
(ii) make available to members of the public the information relating to the exemption decision referred to under paragraph (a), the reasons for granting such exemption and the information obtained under any other form of assessment referred to in subparagraph (i),
and the Board may apply such requirements regarding these matters in relation to the application for permission as it considers necessary or appropriate.]
(c) The Board shall, as soon as may be, notify the planning authority concerned of the Board’s decision on any request made under paragraph (a), and of any requirements applied under paragraph (b).
(d) Notice of any exemption granted under paragraph (a), of the reasons for granting the exemption, and of any requirements applied under paragraph (b) shall, as soon as may be—
(i) be published in Iris Oifigiúil and in at least one daily newspaper published in the State,
(ii) be given, together with a copy of the information, if any, made available to the members of the public in accordance with paragraph (b), to the Commission of the European Communities.
(4) (a) A person who makes a request to the Board for an exemption under subsection (3) shall, as soon as may be, inform the planning authority concerned of the making of the request and the date on which it was made.
(b) Notwithstanding subsection (8) of section 34, the period for making a decision referred to in that subsection shall not, in a case in which a request is made to the Board under subsection (3) of this section, include the period beginning on the day of the making of the request and ending on the day of receipt by the planning authority concerned of notice of the Board’s decision on the request.
(5) In addition to the matters provided for under Part VI, Chapter III, the Minister may prescribe additional requirements in relation to the submission of appeals to the Board which are to be accompanied by F741[environmental impact assessment reports].
Annotations
Amendments:
F717
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 54, S.I. No. 405 of 2010.
F718
Substituted (26.11.2014) by European Union (Environmental Impact Assessment) (Planning and Development) Regulations 2014 (S.I. No. 543 of 2014), reg. 2.
F719
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(a)(i)(I), in effect as per reg. 2(1).
F720
Inserted (25.01.2019) by European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4 of 2019), reg. 10, in effect as per reg. 1(2).
F721
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(a)(i)(II), in effect as per reg. 2(1).
F722
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(a)(ii), in effect as per reg. 2(1).
F723
Substituted (8.10.2018) by European Union (Planning and Development) (Environmental Impact Assessment) (No. 2) Regulations 2018 (S.I. No. 404 of 2018), reg. 2.
F724
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 6.
F725
Deleted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 27, S.I. No. 488 of 2022.
F726
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 27, S.I. No. 488 of 2022.
F727
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(b), in effect as per reg. 2(1).
F728
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. 37, in effect as per reg. 2(1).
F729
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. 38, in effect as per reg. 2(1).
F730
Inserted (31.10.2012) by European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012), reg. 2(c).
F731
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(c), in effect as per reg. 2(1).
F732
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. 39, in effect as per reg. 2(1).
F733
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(d), in effect as per reg. 2(1).
F734
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(e), in effect as per reg. 2(1).
F735
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(f), in effect as per reg. 2(1).
F736
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(g)(i), in effect as per reg. 2(1).
F737
Deleted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(g)(ii), in effect as per reg. 2(1).
F738
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. 40, in effect as per reg. 2(1).
F739
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 17(h), in effect as per reg. 2(1).
F740
Substituted (19.12.2006) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006), reg. 4, subject to transitional provision in reg. 2.
F741
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. 41, in effect as per reg. 2(1).
Modifications (not altering text):
C210
Transitional arrangements provided (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(1)(a), in effect as per reg. 2(1).
Transitional arrangements
3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases:
(a) in respect of a determination under section 172(1)(b) of the Act of 2000, as so in force, as to whether such development has or would be likely to have significant effects on the environment, the planning authority or the Board, as the case may be, has, before 16 May 2017, initiated making such determination;
...
(d) an application for consent for proposed development referred to in section 172 of the Act of 2000, as so in force, accompanied by an environmental impact statement, has been made, before 16 May 2017, relating to such development.
(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.
(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.
(4) In this Regulation—
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Regulations of 2001” means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
C211
Subs. (1A) construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 20, S.I. No. 270 of 2017.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of section 172 (requirement for environmental impact statement) of Act of 2000 during specified period
20. Subsection (1A) of section 172 of the Act of 2000 has effect during the specified period as if in paragraph (a)(i) there were inserted the following after clause (III):
“(IIIA) development to which Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016 relates;”.
Editorial Notes:
E343
Power pursuant to subs. (5)(b) exercised (17.08.2022) by Planning and Development (Amendment) Regulations 2022 (S.I. No. 419 of 2022).
E344
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E345
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E346
Previous affecting provision: subs. (1) amended (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 6 and (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 5; subs. (1) substituted as per F-note above.
E347
Previous affecting provision: subss. (1)(a) and (b) substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 5; superseded as per F-note above.
E348
Previous affecting provision: subss. (1A)(a)(i)(III), (b)(iv) and (1B) substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 54, S.I. No. 405 of 2010; substituted as per F-note above.
E349
Previous affecting provision: subs. (1B) amended (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 6, substituted as per F-note above.
F742[EIA portal
172A.—The Minister shall provide, operate and maintain a website—
(a) to which the public has access,
(b) which contains summary information on applications and notifications of the intention to lodge applications for development consent subject to assessment under the Environmental Impact Assessment Directive or this Act, or both that Directive and this Act, as appropriate, and
(c) for the purpose of providing a point of access to the applications referred to in paragraph (b) and associated information, assessments and decisions held by the authorities to which the applications have been or are to be made.]
Annotations
Amendments:
F742
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Assessment Impact) Regulations 2018 (S.I. No. 296 of 2018), reg. 18, in effect as per reg. 2(1).
Modifications (not altering text):
C212
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 241, not commenced as of date of revision.
Environmental impact assessment portal
241.—(1) Notwithstanding the repeal of section 172A of the Act of 2000, the Minister shall continue to operate and maintain the internet website (which shall be known as the “environmental impact assessment portal”) provided for by that section—
(a) for the purposes of this Chapter, and
(b) for the same purposes as he or she operated and maintained it immediately before such repeal.
(2) The Minister may make regulations for the purposes of this section.
(3) Without prejudice to the generality of subsection (2), regulations under that subsection may include provisions requiring such persons, or persons of such class or classes, as are specified in the regulations to give to the Minister within such period or periods, as may be so specified, such information, or information of such class or classes, as may be so specified, for the purpose of enabling him or her to—
(a) comply with subsection (1), and
(b) ensure compliance by the State with its obligations in relation to the environmental impact assessment portal under the Environmental Impact Assessment Directive.
F743[Provision of information by applicants to EIA portal
172B.—(1) Subject to subsection (2), an applicant for consent for proposed development shall, within the period of 2 weeks before—
(a) the making of an application for such consent which is to be accompanied by an environmental impact assessment report, or
(b) the submission of an environmental impact assessment report when required by the planning authority or the Board, as the case may be, to do so,
provide the prescribed information in electronic form to the EIA portal in the manner set out on the portal.
(2) Where it is provided for in national legislation that a person other than the applicant for consent for proposed development shall provide information to the EIA portal, that person shall, not later than public notification of a proposed development which is to be accompanied by an environmental impact assessment report, provide the prescribed information in electronic form to the EIA portal in the manner set out on the portal.]
Annotations
Amendments:
F743
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Assessment Impact) Regulations 2018 (S.I. No. 296 of 2018), reg. 18, in effect as per reg. 2(1).
F744[Response of Minister on submission of information to EIA portal
172C.—On receipt of information pursuant to section 172B, or in respect of any other proposed application or application for development consent for projects likely to have significant effects on the environment, the Minister shall, within 3 working days, respond to the applicant in the prescribed manner.]
Annotations
Amendments:
F744
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Assessment Impact) Regulations 2018 (S.I. No. 296 of 2018), reg. 18, in effect as per reg. 2(1).
Permission for development requiring environmental impact assessment.
173.—(1) In addition to the requirements of section 34(3) F745[or Chapter III of Part XXI], where an application in respect of which an F746[environmental impact assessment report was submitted] to the planning authority in accordance with section 172, the planning authority, and the Board on appeal, shall have regard to the F747[report, any supplementary information furnished relating to the report] and any submissions or observations furnished concerning the effects on the environment of the proposed development.
F748[F749[(2) (a)(i) Subparagraph (ii) applies where an applicant or a person intending to apply for permission requests the planning authority concerned to give him or her a written opinion on the scope and level of detail of the information required to be included in an environmental impact assessment report.
(ii) Subject to subparagraph (iii), the planning authority shall, taking into account the information provided by the applicant or person referred to in subparagraph (i), as the case may be, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in an environmental impact assessment report, subject to—
(I) consultation with the Board to be carried out by the planning authority in relation to such opinion, and
(II) any prescribed consultations to be carried out by the planning authority in relation to such opinion.
(iii) The planning authority shall, in the case of the person referred to in subparagraph (i), give the written opinion before the submission by that person of an application for the grant of planning permission.]
F750[(aa) Where an opinion referred to in paragraph (a) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]
(b) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the planning authority concerned or the Board of its powers under this Act, or any regulations made thereunder, to require the person who made the request to submit further information regarding the application concerned or, as the case may be, any appeal.
(c) The Minister may, by regulations, provide for additional, incidental, consequential or supplementary matters as regards procedures in respect of the provision of a written opinion under paragraph (a).]
F751[(3) (a)(i) Subparagraph (ii) applies where a person required by or under this Act to submit an environmental impact assessment report to the Board requests the Board to give him or her a written opinion on the scope and level of detail of the information required to be included in the report.
(ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the person referred to in subparagraph (i), in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in the environmental impact assessment report, subject to any prescribed consultations to be carried out by the Board in relation to such opinion.
(iii) The Board shall give the written opinion before the submission by the person referred to in subparagraph (i) of the environmental impact assessment report.]
F752[(aa) Where an opinion referred to in paragraph (a) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]
(b) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the Board of its powers pursuant to this Act or any regulations under this Act, to require the applicant to submit specified information in relation to any appeal to which the F753[environmental impact assessment report] relates.
(c) The Minister may make regulations in relation to the making of a request or providing an opinion to which this subsection relates.
Annotations
Amendments:
F745
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 28, S.I. No. 488 of 2022.
F746
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. 42, in effect as per reg. 2(1).
F747
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. 43, in effect as per reg. 2(1).
F748
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 32, S.I. No. 684 of 2006.
F749
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(a), in effect as per reg. 2(1).
F750
Inserted (1.09.2018) by European Union (Planning and Planning) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(a), in effect as per reg. 2(1).
F751
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(b), in effect as per reg. 2(1).
F752
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(b), in effect as per reg. 2(1).
F753
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. 44, in effect as per reg. 2(1).
Modifications (not altering text):
C213
Note transitional arrangements provided (21.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(1)(b)(i), in effect as per reg. 2(1).
Transitional arrangements
3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases:
...
(b) a request has been made, before 16 May 2017—
(i) under section 37D (1), 173(2)(a) or (3)(a), 181C(3)(b) or 182E(3) of the Act of 2000, as so in force, for an opinion to be given or provided by the planning authority or the Board, as the case may be, on the information required to be contained in an environmental impact statement relating to such development, or
...
(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.
(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.
(4) In this Regulation—
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Regulations of 2001” means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Editorial Notes:
E350
Power pursuant to subs. (3)(c) exercised (8.12.2022) by Planning and Development (Amendment) (No. 3) Regulations 2022 (S.I. No. 647 of 2022).
E351
Power pursuant to section exercised (21.12.2006) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E352
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
F754[Environmental impact assessment and integrated pollution prevention and control licences.
173A.—(1) In this section—
“Act of 1992” means the Environmental Protection Agency Act 1992;
“activity” shall have the meaning assigned to it by section 3 of the Act of 1992;
“application for a licence” means, in relation to F755[a licence] under Part IV of the Act of 1992, an application made to the Environmental Protection Agency—
(a) for such a licence under section 83 of the Act of 1992, or
(b) by the licensee under section 90(1)(b) of the Act of 1992 for a review of such a licence or a revised licence;
F756["application for permission" means—
(a) an application for permission for development under Part III,
(b) an application for permission for development under section 291,
(c) an application for approval for development under section 175, 177AE, F757[181(2A),] 181A, 182A, 182C or 226,
(d) an application for substitute consent under section 177E, or
(e) a request under section 297;]
F756["grant of permission" means—
(a) a grant of permission for development under Part III,
(b) a grant of permission for development under section 293,
(c) an approval for development under section 175, 177AE, 181B, 182D or 226,
(d) a grant of substitute consent under section 177K, or
(e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development.]
(2) Where a planning authority or the Board is considering an application for permission and is requested by the applicant for a grant of permission F757[or, in the case of an application for approval under section 181(2A), the applicant for a licence under Part IV of the Act of 1992 in respect of an activity to which the application for approval relates,] to confirm in writing that the development the subject of the application for permission relates to an activity in respect of which F755[a licence] under Part IV of the Act of 1992 is required, the planning authority or the Board shall, as soon as possible, confirm in writing that the development the subject of the application for permission so relates to the activity.
(3) Where a request is made by an applicant under subsection (2) and the application for permission concerned was not accompanied by an F758[environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report], the planning authority or the Board shall on a request in that behalf made to it by the applicant, also provide written confirmation to the applicant that an environmental impact assessment in respect of the development concerned is not required by or under this Act F757[or was exempted, in accordance with this Act, from being so required].
F757[(3A) Where a grant of permission has been issued, or an order under section 181(2)(a) has been made, in respect of a proposed development comprising or for the purposes of an activity in respect of which a licence under Part IV of the Act of 1992 is required, and the application for permission in respect of the development was not accompanied by an environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report, the planning authority or the Board shall, on a request in that behalf made to it by –
(a) the applicant for the grant of permission, or
(b) in a case where an order has been made under section 181(2)(a), the applicant for the licence under Part IV of the Act of 1992 in respect of the activity concerned,
also provide written confirmation to the applicant concerned that an environmental impact assessment in respect of the development is not required by or under this Act, or was exempted, in accordance with this Act, from being so required.]
F755[(4) Where a planning authority or the Board receives a notice and request from the Environmental Protection Agency under section 87(1D)(a) or 87(1E)(a) of the Act of 1992, the planning authority or Board shall – (a) comply with the request within the period specified in the request, and (b) enter into consultations, as referred to in section 87(1D)(c) or 87(1E)(c), as the case may be, with the Environmental Protection Agency.]
(5) Where a planning authority or the Board is considering an application for permission in respect of development—
(a) of a class prescribed by regulations under section 176 that does not exceed a quantity, area or limit prescribed under those regulations,
(b) in respect of which the planning authority or the Board is obliged under this Act to make a determination whether an environmental impact assessment is required, and
(c) in respect of which application for permission the planning authority or the Board consider F755[a licence] under Part IV of the Act of 1992 is required,
the planning authority or the Board shall request observations from the Agency to assist the planning authority or the Board in its deliberations in relation to the determination referred to in paragraph (b) and shall take into account any such observations when making that determination.
(6) Where a person makes an application for permission in respect of development under this Act and has made, intends to make or is considering making an application for F755[a licence under Part IV] under Part IV of the Act of 1992 in respect of an activity relating to that development, the person shall so notify the planning authority or the Board when making the application for permission.]
F759[(7) Where a planning authority receives a notification from the Environmental Protection Agency that it has received an application for a licence to which section 87(1I) of the Act of 1992 applies, the planning authority shall—
(a) within 4 weeks of the date of receipt of the notification from the Environmental Protection Agency, respond to the Agency, forwarding any observations that it has in relation to the application for a licence including any observations on the F760[environmental impact assessment report], and
(b) enter into consultations with the Environmental Protection Agency, as the Agency considers appropriate, in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]
Annotations
Amendments:
F754
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 8.
F755
Substituted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 3(a)(i), (b)(ii), (e)-(g).
F756
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 29, S.I. No. 488 of 2022.
F757
Inserted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 3(a)(ii), (b)(i), (c), (d).
F758
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. 45, in effect as per reg. 2(1).
F759
Inserted (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 6.
F760
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. 46, in effect as per reg. 2(1).
F761[Environmental impact assessment and waste licences.
173B.—(1) In this section—
“Act of 1996” means the Waste Management Act 1996;
“activity” shall be construed in accordance with section 4 of the Act of 1996;
“application for a licence” means, in relation to a waste licence under Part V of the Act of 1996, an application made to the Environmental Protection Agency—
(a) for such a licence under section 40 of the Act of 1996, or
(b) by the holder of the licence, for a review of a waste licence under section 46 of the Act of 1996;
F762["application for permission" means—
(a) an application for permission for development under Part III,
(b) an application for permission for development under section 291,
(c) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226,
(d) an application for substitute consent under section 177E, or
(e) a request under section 297;
"grant of permission" means—
(a) a grant of permission for development under Part III,
(b) a grant of permission for development under section 293,
(c) an approval for development under section 175, 177AE, 181B, 182D, or 226,
(d) a grant of substitute consent under section 177K, or
(e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development;]
(2) Where a planning authority or the Board is considering an application for permission and is requested by the applicant for a grant of permission to confirm in writing that the development the subject of the application for permission relates to an activity in respect of which a waste licence under Part V of the Act of 1996 is required, the planning authority or the Board shall, as soon as possible, confirm in writing that the development the subject of the application for permission so relates to the activity.
(3) Where a request is made by an applicant under subsection (2) and the application for permission concerned was not accompanied by an F763[environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report], the planning authority or the Board shall on a request in that behalf made to it by the applicant, also provide written confirmation to the applicant that an environmental impact assessment in respect of the development concerned is not required by or under this Act.
(4) Where a grant of permission has been issued for a development comprising or for the purposes of an activity in respect of which a waste licence under Part V of the Act of 1996 is required and the relevant planning authority or the Board is requested by the Environmental Protection Agency, in connection with an application for a licence, to—
(a) state whether the activity to which the application for a licence relates is permitted by the grant of permission that has been issued, and
(b) furnish a copy of all documents relating to the environmental impact assessment carried out in respect of the proposed development, and
(c) furnish any observations it has in relation to the application for a licence,
the planning authority or the Board shall comply with the request within the period specified in the request by the Environmental Protection Agency.
(5) Where a planning authority or the Board is considering an application for permission in respect of development—
(a) of a class prescribed by regulations under section 176 that does not exceed a quantity, area or limit prescribed under those regulations,
(b) in respect of which the planning authority or the Board is obliged under this Act to make a determination whether an environmental impact assessment is required, and
(c) in respect of which application for permission the planning authority or the Board consider a waste licence under Part V of the Act of 1996 is required,
the planning authority or the Board shall request observations from the Agency to assist the planning authority or the Board in its deliberations in relation to the determination referred to in paragraph (b) and shall take into account any such observations when making that determination.
(6) Where a person makes an application for permission in respect of development under this Act and has made, intends to make or is considering making an application for a waste licence under Part V of the Act of 1996 in respect of an activity relating to that development, the person shall so notify the planning authority or the Board when making the application for permission.
F764[(7) Where a planning authority receives a notification from the Environmental Protection Agency that it has received an application for a licence to which section 42(1I) of the Act of 1996 applies, the planning authority shall—
(a) within 4 weeks of the date of receipt of the notification from the Environmental Protection Agency, respond to the Agency, forwarding any observations that it has in relation to the application for a licence including any observations on the F765[environmental impact assessment report], and
(b) enter into consultations with the Environmental Protection Agency, as the Agency considers appropriate, in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]]
Annotations
Amendments:
F761
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 10.
F762
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 30, S.I. No. 488 of 2022.
F763
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. 47, in effect as per reg. 2(1).
F764
Inserted (26.11.2013) by European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2013), reg. 6.
F765
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. 48, in effect as per reg. 2(1).
F766[Environmental impact assessment relating to waste water discharges
173C.—(1) Where a planning authority or the Board is considering an application for permission referred to in subparagraph (a) of paragraph (3A) (inserted by subparagraph (b) of Regulation 16 of the Regulations of 2020) of Regulation 16 of the Regulations of 2007, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with —
(a) the confirmation first-mentioned in the said subparagraph (a), and
(b) in circumstances where an environmental impact assessment in relation to the application is not required, the confirmation referred to in clause (ii) of the said subparagraph (a).
(2) Where a planning authority or the Board grants a permission referred to in subparagraph (b) of paragraph (3A) of Regulation 16 of the Regulations of 2007 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted and not later than 3 working days from the date of the request, provide that person with the confirmation referred to in clause (ii) of the said subparagraph (b).
(3) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (6) (inserted by Regulation 22 of the Regulations of 2020) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.
(b) The Board shall comply with a request under subparagraph (a) of paragraph (6) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.
(4) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (7) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.
(b) The Board shall comply with a request under subparagraph (a) of paragraph (7) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.
(5) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (8) of Regulation 21 of the Regulations of 2007 within the period specified in that subparagraph.
(b) The Board shall comply with a request under subparagraph (a) of paragraph (8) of Regulation 21 of the Regulations of 2007 within the period specified in that subparagraph.
(6) Where a planning authority or the Board is considering an application for permission referred to in subparagraph (a) of paragraph (1) (inserted by Regulation 26 of the Regulations of 2020) of Regulation 24A of the Regulations of 2007, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with –
(a) the confirmation first-mentioned in the said subparagraph (a), and
(b) in circumstances where an environmental impact assessment in relation to the application is not required, the confirmation second-mentioned in that subparagraph.
(7) Where a planning authority or the Board grants a permission referred to in subparagraph (b) of paragraph (1) of Regulation 24A of the Regulations of 2007 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted and not later than 3 working days from the date of the request, provide that person with the confirmation referred to in that subparagraph.
(8) Where a planning authority or the Board is considering an application for permission in respect of development –
(a) belonging to a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001, and
(b) that in its opinion requires an authorisation under the Regulations of 2007,
it shall, for the purpose of making a determination as to whether or not an environmental impact assessment in relation to the application is required, invite the Environmental Protection Agency to make observations within such period as may be specified by the planning authority or the Board, as may be appropriate, in relation to the application, and the planning authority or the Board, as may be appropriate, shall take account of any such observations when making that determination.
(9) A person who –
(a) makes an application for permission to a planning authority or the Board, and
(b) has made an application, or proposes to make an application, to the Agency for –
(i) a licence or review of a licence, or
(ii) a certificate or review of a certificate,
under the Regulations of 2007 in connection with the application referred to in paragraph (a),
shall, when making the application referred to in paragraph (a), inform the planning authority concerned or the Board, as may be appropriate, in writing of his or her having so made the application referred to in paragraph (b) or his or her proposal to make such an application, as the case may be.
(10) In this section —
F767["permission" means—
(a) permission for development under Part III,
(b) permission for development under section 293,
(c) approval for development under section 175, 177AE, 181B, 182D or 226,
(d) substitute consent under section 177K, or
(e) the alteration of the terms of a permission for development in accordance with a decision under section 297;]
"Regulations of 2007" means the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007);
"Regulations of 2020" means the European Union (Waste Water Discharge) Regulations 2020.]
Annotations
Amendments:
F766
Inserted (30.06.2020) by European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), reg. 5, in effect as per reg. 2.
F767
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 31, S.I. No. 488 of 2022.
F768[Environmental impact assessment relating to abstractions
173D.—(1) Where a planning authority or the Board is considering an application for permission referred to in subsection (2)(a) of section 25 of the Act of 2022, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with—
(a) the confirmation first-mentioned in the said subsection (2)(a), and
(b) in circumstances where an environmental impact assessment is not required, the confirmation referred to in subparagraph (ii) of the said subsection (2)(a).
(2) Where a planning authority or the Board grants a permission referred to in subsection (2)(b) of section 25 of the Act of 2022 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted, provide that person with the confirmation referred to in subparagraph (ii) of the said subsection (2)(b).
(3) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (4)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.
(4) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (5)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.
(5) A planning authority shall comply with a request of the Environmental Protection Agency under subsection (8)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.
(6) Where a planning authority or the Board is considering an application for permission in respect of development—
(a) belonging to a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001, and
(b) that in its opinion requires an abstraction licence,
it shall, for the purpose of making a determination as to whether or not an environmental impact assessment is required, invite the Environmental Protection Agency to make observations within such period as may be specified by the planning authority or the Board, as may be appropriate, in relation to the application, and the planning authority or the Board, as may be appropriate, shall take account of any such observations when making that determination.
(7) A person who—
(a) makes an application for permission to a planning authority or the Board, and
(b) has made an application, or proposes to make an application, for an abstraction licence in connection with an application referred to in paragraph (a),
shall, when making the application referred to in paragraph (a), inform the planning authority concerned or the Board, as may be appropriate, in writing of his or her having so made the application referred to in paragraph (b) or his or her proposal to make such an application, as the case may be.
(8) In this section—
"permission" means—
(a) permission under Part III,
(b) approval for development under section 175, 177AE, 181(2L), 181B, 182B, 182D or 226, or
(c) substitute consent under section 177K.]
Annotations
Amendments:
F768
Inserted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(f), S.I. No. 417 of 2024.
Transboundary environmental impacts.
174.—(1) (a) The Minister may make regulations in respect of applications for development which require the submission of an F769[environmental impact assessment report], where the planning authority F770[, or the Board in dealing with any application or appeal,] is aware that the development is likely to have significant effects on the environment in another Member State of the European Communities or a state which is a party to the Transboundary Convention or where the other State concerned considers that the development would be likely to have such effects.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for the following:
(i) the notification of the Minister regarding the application;
(ii) the submission of information to the Minister regarding the application;
(iii) the notification of the other State involved and the provision of information to that State;
(iv) the making of observations and submissions regarding the application from the other State involved and the entering into consultations with that State;
(v) the extension of time limits for the making of decisions under this Act.
(2) In addition to the requirements of F771[sections 34(3), 37G(2), 37N(2), 146C(6), 173(1), F772[181(2H),] 181B(1), F773[182B(1), 182D(1), 282(2), 293(2) and 297]], the planning authority or the Board, as the case may be, shall have regard, where appropriate, to the views of any Member State of the European Communities or other party to the Transboundary Convention in relation to the effects on the environment of the proposed development.
(3) Notwithstanding any other provisions of this Act, a planning authority or the Board, as the case may be, may, following the consideration of any submissions or observations received or any consultations entered into by a planning authority or the Board, impose conditions on a F770[grant of permission or approval] in order to reduce or eliminate potential transboundary effects of any proposed development.
F774[(4) In any case where—
(a) notification has been received from another Member State of the European Communities or other party to the Transboundary Convention, in respect of any development, or
(b) a planning authority or a State authority requests, or in any other case where the Minister otherwise decides,
the Minister may request another Member State of the European Communities or other party to the Transboundary Convention to forward information in respect of any development F775[which is subject to the Environmental Impact Assessment Directive or Transboundary Convention] and which is likely to have significant environmental effects in Ireland F776[(including the maritime area)].]
(5) (a) The Minister or a State authority or planning authority having consulted with the Minister, may decide to forward submissions or observations to, or enter into discussions with, the other state involved in respect of the development referred to in subsection (4) regarding the potential transboundary effects of that development and the measures envisaged to reduce or eliminate those effects.
(b) The Minister may make regulations regarding the provision of public notification of any F777[environmental impact assessment report] or other information received by the Minister, State authority or planning authority under subsection (4), and the making of submissions or observations regarding the information.
(6) The Minister may enter into an agreement with any other Member State of the European Communities or other party to the Transboundary Convention regarding the detailed procedures to be followed in respect of consultations regarding proposed developments which are likely to have significant transboundary effects.
Annotations
Amendments:
F769
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. 49, in effect as per reg. 2(1).
F770
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 33, S.I. No. 684 of 2006.
F771
Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 8.
F772
Inserted (6.08.2019) by European Union (Environmental Impact Assessment and Habitats) (Section 181 of the Planning and Development Act 2000) Regulations 2019 (S.I. No. 418 of 2019). reg. 3.
F773
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 32, S.I. No. 488 of 2022.
F774
Substituted (19.12.2006) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006), reg. 5, subject to transitional provision in reg. 2.
F775
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 55, S.I. No. 405 of 2010.
F776
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 32, S.I. No. 488 of 2022.
F777
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 50, in effect as per reg. 2(1).
Modifications (not altering text):
C214
Subs. (2) construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 21, S.I. No. 270 of 2017.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of section 174 (transboundary environmental impacts) of Act of 2000 during specified period
21. Section 174 of the Act of 2000 has effect during the specified period as if in subsection (2) “and section 9(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “182D(1),”.
Editorial Notes:
E353
Power pursuant to section exercised (21.12.2006) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E354
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E355
Previous affecting provision: subs. (2) amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 33, S.I. No. 684 of 2006; substituted as per F-note above.
E356
Previous affecting provision: subs. (4) amended (19.12.2006) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006), reg. 5; substituted as per F-note above.
Environmental impact assessment of certain development carried out by or on behalf of local authorities.
175.—(1) Where development belonging to a class of development, identified for the purposes of section 176, is proposed to be carried out—
(a) by a local authority that is a planning authority, whether in its capacity as a planning authority or in any other capacity, or
(b) by some other person on behalf of, or jointly or in partnership with, such a local authority, pursuant to a contract entered into by that local authority whether in its capacity as a planning authority or in any other capacity,
within the functional area of the local authority concerned (hereafter in this section referred to as “proposed development”), the local authority shall prepare, or cause to be prepared, an F778[environmental impact assessment report] in respect thereof.
(2) Proposed development in respect of which an F779[environmental impact assessment report] has been prepared in accordance with subsection (1) shall not be carried out unless the Board has approved it with or without modifications.
F780[(3) Subject to subsection (3A), where an environmental impact assessment report has been prepared in accordance with subsection (1), the local authority shall apply to the Board for approval of the proposed development to which the report relates.]
F781[(3A) A local authority shall not be eligible to make an application under subsection (3) in relation to proposed development in the maritime area unless it—
(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) is the owner of land on which it is proposed to carry out the development concerned, or
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.
(3B) The Board shall neither consider an application under subsection (3) in relation to proposed development in the maritime area nor grant approval for such development under subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (9) unless the applicant for such approval—
(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) is the owner of land on which it is proposed to carry out the development concerned, or
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]
(4) Before a local authority makes an application for approval under subsection (3), it shall—
(a) publish in one or more newspapers circulating in the area in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—
(i) stating that—
(I) it proposes to seek the approval of the Board for the proposed development,
(II) an F782[environmental impact assessment report] has been prepared in respect of the proposed development,
F783[(III) it is notifying a Member State of the European Communities or any other party to the Transboundary Convention of its opinion that the proposed development to which the application for approval to An Bord Pleanála relates would be likely to have significant effects on the environment in that State,
(IV) the Board may give approval to the application for development with or without conditions or may refuse the application for development.]
(ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the F784[environmental impact assessment report] may be inspected free of charge or purchased, and
(iii) inviting the making, during such period, of submissions and observations to the Board relating to—
(I) the implications of the proposed development for proper planning and sustainable development in the area concerned, and
(II) the likely effects on the environment of the proposed development,
if carried out,
F785[(iv) stating that a person may question the validity of a decision of 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)
(v) stating where practical information on the review mechanism can be found.]
and
(b) send a copy of the application and the F786[environmental impact assessment report] to the prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—
(i) the likely effects on the environment of the proposed development, and
(ii) the implications of the proposed development for proper planning and sustainable development in the area concerned,
if carried out.
F787[(5)(a) The Board may—
(i) if it considers it necessary to do so, require a local authority that has applied for approval for a proposed development to furnish to the Board such further information in relation to—
(I) the effects on the environment of the proposed development, or
(II) the consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,
as the Board may specify, or
(ii) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this subparagraph) to be made to the terms of it, notify the local authority that it is of that view and invite the authority to make to the terms of the proposed development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a revised F788[environmental impact assessment report] in respect of it.
(b) If a local authority makes the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section.
(c) The Board shall—
(i) where it considers that any further information received pursuant to a requirement made under paragraph (a)(i) contains significant additional data relating to—
(I) the likely effects on the environment of the proposed development, and
(II) the likely consequences for the proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,
or
(ii) where the local authority has made the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a)(ii),
require the local authority to do the things referred to in paragraph (d).
(d) The things which a local authority shall be required to do as aforesaid are—
(i) to publish in one or more newspapers circulating in the area in which the proposed development would be situate a notice stating that, as appropriate—
(I) further information in relation to the proposed development has been furnished to the Board, or
(II) the local authority has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a revised F789[environmental impact assessment report] in respect of the development has been furnished to the Board,
indicating the times at which, the period (which shall not be less than F790[5 weeks]) during which and the place, or places, where a copy of the information or the F791[environmental impact assessment report referred to] in clause (I) or (II) may be inspected free of charge or purchased and that submissions or observations in relation to that F792[information or report] may be made to the Board before the expiration of the indicated period, and
(ii) to send to each prescribed authority to which notice was given pursuant to subsection (4)(b)—
(I) a notice of the furnishing to the Board of, as appropriate, the further information referred to in subparagraph (i)(I) or the information or F793[report] referred to in subparagraph (i)(II), and
(II) a copy of that further information, information or F794[report],
and to indicate to the authority that submissions or observations in relation to that further information, information or F795[report may] be made to the Board before the expiration of a period (which shall not be less than F796[5 weeks]) beginning on the day on which the notice is sent to the prescribed authority by the local authority.]
(6) Before making a decision in respect of a proposed development under this section, the Board shall consider—
(a) F787[the F797[environmental impact assessment report] submitted pursuant to subsection (1) or (5)(a)(ii), any submission or observations made in accordance with subsection (4) or (5)] and any other information furnished in accordance with subsection (5) relating to—
(i) the likely effects on the environment of the proposed development, and
(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,
(b) the views of any other Member State of the European Communities or a state which is a party to the Transboundary Convention to which a copy of the F798[environmental impact assessment report] was sent, and
(c) the report and any recommendations of the person conducting a hearing referred to in subsection (7) where evidence is heard at such a hearing relating to—
(i) the likely effects on the environment of the proposed development, and
(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development.
(7) The person conducting an oral hearing in relation to the compulsory purchase of land which relates wholly or partly to a proposed development under this section in respect of which a local authority has applied for approval shall be entitled to hear evidence relating to—
(a) the likely effects on the environment of the proposed development, and
(b) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development.
(8) F799[(a)(i) The Board may take the action specified in subparagraph (ii) where it is satisfied that—
(I) exceptional circumstances so warrant,
(II) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and
(III) the objectives of the Environmental Impact Assessment Directive are otherwise met.
(ii) Subject to subparagraph (iii), the Board may grant in respect of the proposed development an exemption from a requirement under subsection (1) to prepare an environmental impact assessment report.
(iii) No exemption may be granted under subparagraph (ii) in respect of the proposed development if another Member State of the European Union or a state party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it wishes to furnish views on those effects.]
F800[(b) The Board shall, in granting an exemption under paragraph (a), —
(i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other form, and
(ii) make available to members of the public the information relating to the exemption decision referred to under paragraph (a), the reasons for granting such exemption and the information obtained under any other form of assessment referred to in subparagraph (i),
and the Board may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.]
(c) Notice of any exemption granted under paragraph (a) of the reasons for granting the exemption, and of any requirements applied under paragraph (b) shall, as soon as may be—
(i) be published in Iris Oifigiúil and in at least one daily newspaper published in the State, and
(ii) be given, together with a copy of the information, if any, made available to the members of the public in accordance with paragraph (b), to the Commission of the European Communities.
F787[(9)(a) F801[The Board shall, in respect of an application for approval under this section of proposed development, make its decision within a reasonable period of time and may, in respect of such application]—
(i) approve the proposed development,
(ii) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,
(iii) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or
(iv) refuse to approve the proposed development,
and may attach to an approval under subparagraph (i), (ii) or (iii) such conditions as it considers appropriate.
(b) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under paragraph (a)(i), (ii) or (iii) a condition requiring—
(i) the construction or the financing, in whole or in part, of the construction of a facility, or
(ii) the provision or the financing, in whole or in part, of the provision of a service,
in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.
(c) A condition attached pursuant to paragraph (b) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval operates of the benefits likely to accrue from the grant of the approval.
(9A)(a) The Board shall direct the payment of such sum as it considers reasonable by the local authority concerned to the Board towards the costs and expenses incurred by the Board in determining an application under this section for approval of a proposed development, including—
(i) the costs of holding any oral hearing in relation to the application,
(ii) the fees of any consultants or advisers engaged in the matter, and
(iii) an amount equal to such portion of the remuneration and any allowances for expenses paid to the members and employees of the Board as the Board determines to be attributable to the performance of duties by the members and employees in relation to the application,
and the local authority shall pay the sum.
(b) If a local authority fails to pay a sum directed to be paid under paragraph (a), the Board may recover the sum from the authority as a simple contract debt in any court of competent jurisdiction.]
(10)(a) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of—
(i) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or
(ii) controlling emissions related to or following the cessation of the operation of the activity.
F802[(aa) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.]
(b) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which F803[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may, in respect of any proposed development comprising or for the purposes of the activity, decide to refuse the proposed development, where the Board considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development is or will be situate.
(c) (i) Before making a decision in respect of proposed development comprising or for the purposes of an activity, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development.
(ii) When making its decision the Board shall have regard to the observations, if any, received from the Agency within the period specified under subparagraph (i).
(d) The Board may, at any time after the expiration of the period specified by the Board under paragraph (c)(i) for making observations, make its decision on the application.
(e) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under F804[the Environmental Protection Agency Act, 1992].
(11) (a) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for approval under this section.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for—
(i) enabling a local authority to request the Board to give a written opinion on the information to be contained in an F805[environmental impact assessment report],
(ii) matters of procedure relating to the making of observations by the Environmental Protection Agency under this section and matters connected therewith,
(iii) the notification of another Member State of the European Communities or other parties to the Transboundary Convention in relation to proposed development, receiving observations and submissions from the State or party and entering into consultations with them, and
(iv) requiring the Board to give information in respect of its decision regarding the proposed development for which approval is sought.
(12) In considering under subsection (6) information furnished relating to the likely consequences for proper planning and sustainable development of a proposed development in the area in which it is proposed to situate such development, the Board shall have regard to—
F780[(a) in the case of an area other than a maritime site, the provisions of the development plan for the area,]
F781[(aa) in the case of a maritime site, the matters to which the Board is required to have regard under subsection (3) of section 293 when making a decision in relation to an application under section 291,]
(b) the provisions of any special amenity area order relating to the area,
(c) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,
(d) where relevant, the policies of the Government, the Minister or any other Minister of the Government, and
(e) the provisions of this Act and regulations under this Act where relevant.
(13) A person who contravenes a condition imposed by the Board under this section shall be guilty of an offence.
(14) This section shall not apply to proposed road development within the meaning of the Roads Act, 1993, by or on behalf of a road authority.
Annotations
Amendments:
F778
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. 51, in effect as per reg. 2(1).
F779
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. 52, in effect as per reg. 2(1).
F780
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 33, S.I. No. 488 of 2022.
F781
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 33, S.I. No. 488 of 2022.
F782
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. 54, in effect as per reg. 2(1).
F783
Inserted (19.12.2006) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006), reg. 6(1), subject to transitional provision in reg. 2.
F784
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. 55, in effect as per reg. 2(1).
F785
Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 10(c).
F786
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. 56, in effect as per reg. 2(1).
F787
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 34, S.I. No. 684 of 2006.
F788
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. 57, in effect as per reg. 2(1).
F789
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. 58, in effect as per reg. 2(1).
F790
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 20(a)(i), in effect as per reg. 2(1).
F791
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. 59, in effect as per reg. 2(1).
F792
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. 60, in effect as per reg. 2(1).
F793
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. 61, in effect as per reg. 2(1).
F794
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. 62, in effect as per reg. 2(1).
F795
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. 63, in effect as per reg. 2(1).
F796
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 20(a)(ii), in effect as per reg. 2(1).
F797
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. 64, in effect as per reg. 2(1).
F798
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. 65, in effect as per reg. 2(1).
F799
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 20(b), in effect as per reg. 2(1).
F800
Substituted (19.12.2006) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 659 of 2006), reg. 6(2), subject to transitional provision in reg. 2.
F801
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 20(c), in effect as per reg. 2(1).
F802
Inserted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(g)(i), S.I. No. 417 of 2024.
F803
Substituted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(g)(ii), S.I. No. 417 of 2024.
F804
Substituted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(g), S.I. No. 458 of 2001.
F805
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. 66, in effect as per reg. 2(1).
Modifications (not altering text):
C215
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 162(1), not commenced as of date of revision.
Continued operation of Parts X and XAB of Act of 2000 in relation to certain classes of development
162.—(1) Where an application for approval was made under subsection (3) of section 175 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under subsection (9) of the said section 175 in relation to the application before such repeal, Part X of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.
...
C216
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 118(4), not commenced as of date of revision.
Status of permission, consent, approval granted under Act of 2000
188.— …
(4) An approval under subsection (9) of section 175 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.
...
C217
Developments approved under subs. (9) declared exempted developments for purposes of Act and references in section to local authority construed by Dublin Transport Authority Act 2008 (15/2008), s. 44(14), (15) as inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 1(b)(iv), commenced on enactment.
Functions of Authority in relation to public transport infrastructure.
44.— ...
[(14) The carrying out by the Authority, on its behalf or at its direction of—
(a) a proposed road development (within the meaning of the Roads Act 1993) that has been approved by An Bord Pleanála under section 51 (as amended by section 9 of the Roads Act 2007) of that Act, or
(b) a proposed development that has been approved by An Bord Pleanála—
(i) under subsection (9) (inserted by section 34(c) of the Planning and Development (Strategic Infrastructure) Act 2006) of section 175 of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section, or
(ii) under subsection (8) of section 177AE (inserted by section 57 of the Planning and Development (Amendment) Act 2010) of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section,
shall be exempted developments for the purposes of the Act of 2000.
(15) For the purposes of section 175 and 177AE of the Act of 2000 where a proposed development relates to public transport infrastructure an application for approval under section 175(3) or 177AE(3) may be made by the Authority, with the concurrence of the local authority concerned, and, accordingly, references in those sections to a local authority shall be read as references to the Authority.
...]
C218
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.
...
C219
Application of subs. (3) restricted (27.09.2007) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), reg. 22.
Matters in an environmental impact statement to which the Agency shall have regard
22. The Agency shall have regard to the matters mentioned in an environmental impact statement in respect of a development and in the decision of An Bord Pleanála on an application under section 175(3) of the Act of 2000 for approval of such development only in so far as they relate to the risk of environmental pollution of the receiving waters from the waste water discharge concerned.
C220
Application of subs. (3) restricted and matters to be considered provided (7.12.2005) by European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005 (S.I. No. 787 of 2005), regs. 3, 6.
3. A sanitary authority shall ensure that-
(a) in formulating and approving plans for a waste water treatment plant to be provided by the authority or on its behalf the plant is so designed and constructed as to ensure that it avoids causing nuisance through odours or noise,
(b) any waste water treatment plant under the sanitary authority's control is so operated and maintained as to ensure that it avoids causing nuisance through odours or noise.
...
6. In considering an appeal, or an application under section 175(3) of the Act of 2000 for approval for a proposed development consisting of the provision of a waste water treatment plant by or on behalf of a sanitary authority, the Board shall have regard to the requirements of Article 3 of these Regulations and, in granting any permission for development or approving any application for approval and having regard to the function of the Agency under Article 4 of these Regulations, shall include such conditions as may be necessary in its opinion to ensure that the plant is so operated and maintained as to avoid causing nuisance through odours or noise.
C221
Provision for consideration of waste management under section made by Waste Management Act 1996 (10/1996), s. 22(10D) as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(d), S.I. No. 393 of 2004.
Waste management plans.
22.— ...
(10D) (a) In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000, planning authorities and An Bord Pleanála shall ensure that such measures as are reasonably necessary are taken to secure appropriate provision for the management of waste (and, in particular, recyclable materials) within developments, including the provision of facilities for the storage, separation and collection of such waste (and, in particular, such materials) and the preparation by the appropriate persons of suitable plans for the operation of such facilities.
(b) The Minister may issue guidelines as to the steps that may be taken to comply with this subsection.
Editorial Notes:
E357
Authorisations or approvals issued to water authorities under section deemed to be issued to Irish Water (30.10.2015) by Water Services (No. 2) Act 2013 (Other Licences, Authorisations and Permits) Order 2015 (S.I. No. 462 of 2015), in effect as per arts. 3 and 4.
E358
Authorities prescribed for purposes of subs. (4) (1.01.2014) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 121(1), as substituted by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013), reg. 8, commenced as per reg. 1(3).
E359
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E360
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E361
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).
E362
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E363
Previous affecting provision: subs. (3) amended (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. 53, in effect as per reg. 2(1); subsection substituted (1.10.2022) as per F-note above
Prescribed classes of development requiring assessment.
176.—(1) F806[The Minister shall, for the purpose of giving effect to the Environmental Impact Assessment Directive, make regulations—]
(a) identifying development which may have significant effects on the environment, and
(b) specifying the manner in which the likelihood that such development would have significant effects on the environment is to be determined.
(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for all or any one or more of the following matters:
(a) the establishment of thresholds or criteria for the purpose of determining which classes of development are likely to have significant effects on the environment;
(b) the establishment of different such thresholds or criteria in respect of different classes of areas;
(c) the determination on a case-by-case basis, in conjunction with the use of thresholds or criteria, of the developments which are likely to have significant effects on the environment;
(d) where thresholds or criteria are not established, the determination on a case-by-case basis of the developments which are likely to have significant effects on the environment;
F807[(da) the carrying out of a screening for environmental impact assessment (within the meaning of section 176A), or a determination review or application referral (within the meaning of section 176C);]
(e) the identification of selection criteria in relation to—
(i) the establishment of thresholds or criteria for the purpose of determining which classes of development are likely to have significant effects on the environment, or
(ii) the determination on a case-by-case basis of the developments which are likely to have significant effects on the environment.
(3) Any reference in an enactment to development of a class specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989), shall be deemed to be a reference to a class of development prescribed under this section.
Annotations
Amendments:
F806
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 56, S.I. No. 405 of 2010.
F807
Inserted (1.01.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 27(c), S.I. No. 588 of 2018.
Editorial Notes:
E364
Power pursuant to section exercised (24.07.2023) by Planning and Development (Amendment) (No. 2) Regulations 2023 (S.I. No. 383 of 2023).
E365
Power pursuant to section exercised (8.09.2011) by Planning and Development (Amendment) (No. 2) Regulations 2011 (S.I. No. 454 of 2011).
E366
Power pursuant to section exercised (14.07.2005) by Planning and Development Regulations 2005 (S.I. No. 364 of 2005).
E367
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
F808[Application for screening for environmental impact assessment
176A.—(1) In this section and sections 176B and 176C—
"screening determination for environmental impact assessment" means a determination made as part of a screening for environmental impact assessment;
"screening for environmental impact assessment" means a determination—
(a) as to whether a proposed development would be likely to have significant effects on the environment, and
(b) if the development would be likely to have such effects, that an environmental impact assessment is required.
F809[(1A) A planning authority shall not consider an application under this section in respect of proposed development to which Chapter II of Part XXI applies, unless the applicant—
(a) is the holder of a—
(i) maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or
(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,
(b) is the owner of land on which it is proposed to carry out the development concerned,
(c) is the lessee, under a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, or
(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]
(2)(a) Subject to section 176B, where a proposed development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 and does not equal or exceed, as the case may be, the relevant quantity, area or other limit standing specified in that Part, an application for a screening for environmental impact assessment in respect of that development may be submitted to the planning authority in whose area the development would be situated.
(b) Subject to section 176B, where a proposed development is of a class standing prescribed under section 176 for the purposes of this paragraph, an application for a screening for environmental impact assessment in respect of that development shall be submitted to the planning authority in whose area the development would be situated.
(3) An application under subsection (2) shall contain—
(a) the name and address of the applicant,
F810[(b) where the applicant is not the owner or occupier of the land that is the subject of the proposed development, the name and address of the owner (if any) and, where the owner is not the occupier of the land, the occupier (if any),]
(c) a location map for the proposed development,
(d) a description of the nature and extent of the proposed development, its characteristics, its likely significant effects on the environment (including the information specified in Schedule 7A to the Planning and Development Regulations 2001) including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account, and
(e) any such other information as may be prescribed by the Minister,
and be accompanied by such fee as may be prescribed under section 246(1)(ca).
(3A) An application under subsection (2) may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.
(4) For the purposes of enabling a planning authority to carry out a screening for environmental impact assessment on foot of an application under subsection (2), the authority may do either or both—
(a) seek further information that it considers necessary from the applicant or any other person that the authority considers appropriate, and
F811[(b) consult any person—
(i) to whom a planning authority is required to send a notice in accordance with Article 28 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), or
(ii) prescribed by the Minister,
and consider any submissions or observations made by that person,]
and, where paragraph (a) or (b) applies, the authority shall specify the period within which the information or views concerned are required to be received by the authority.
(5) Subject to subsection (5A), where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority concerned shall invite in writing—
(a) the owner F809[(if any)] to make a submission on an application made under subsection (2), and
F810[(b) where the owner is not the occupier of the land, the occupier (if any) of that land to make such a submission,]
and, where paragraph (a) or (b) applies, the authority shall specify the period within which the submission or submissions is or are required to be received by the authority.
(5A) The invitation under subsection (5) shall state that the owner or occupier may provide a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.
(6) A planning authority may reject an application under subsection (2) if in the opinion of the authority the application is incomplete in any material detail.
(7) Where a planning authority rejects an application in accordance with subsection (6), it shall—
(a) subject to subsection (8), return the documents to which subsection (3) relates to the applicant, F812[…] and
(b) give reasons for its decision to the applicant,
and, where the applicant is not the owner or occupier of the land the subject of the proposed development, F810[the planning authority shall also notify the owner (if any) or, where the owner is not the occupier of the land, the occupier (if any) of its decision under subsection (6)].
(8) Subsection (7) is without prejudice to the planning authority—
(a) making a copy of a document,
(b) retaining an electronic copy of a document, or
(c) by agreement with the applicant concerned, retaining a document,
to which that subsection relates.]
Annotations
Amendments:
F808
Inserted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 21, in effect as per reg. 2(2).
F809
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 34, S.I. No. 488 of 2022.
F810
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 34, S.I. No. 488 of 2022.
F811
Substituted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. No. 646 of 2018), reg. 2(a), in effect as per reg. 1(2).
F812
Deleted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. No. 646 of 2018), reg. 2(b), in effect as per reg. 1(2).
Modifications (not altering text):
C222
Application of section restricted during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 22, S.I. No. 270 of 2017. Note that the version of s. 176A then referred to was not commenced.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period
22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.
Editorial Notes:
E368
Previous affecting provision: subs. (7)(a) amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 33, not commenced as of date of revision; this amendment is now redundant as it was made (1.01.2019) as per F-note above.
E369
Previous affecting provision: section inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 26, not commenced; inserted as per F-note above.
F813[Screening for environmental impact assessment
176B.—(1) A planning authority shall, where appropriate, carry out screening for appropriate assessment in respect of a proposed development as provided for by section 177U(10) at the same time as carrying out a screening for environmental impact assessment in respect of the development under subsection (2).
(2) Subject to subsections (1) and (2A), a planning authority shall, on foot of an application under subsection (2) of section 176A and to which subsections (6) and (7) of that section do not relate, carry out a screening for environmental impact assessment in respect of the proposed development—
(a) where further information, views or submissions—
(i) are duly sought by the planning authority under subsection (4) or (5) of section 176A, and
(ii) are duly received by the authority within the period specified under the said subsection (4) or (5),
within the period of 3 weeks from the date that such information, views or submissions are so received, or
(b) where further information, views or submissions are not sought by the planning authority under subsection (4) or (5) of section 176A, as the case may be, within the period of 4 weeks from the receipt of the application under section 176A(2).
(2A)(a) Subject to paragraph (b), the planning authority shall not be required to comply with subsection (2)(a) or (b) within the period of 3 weeks or 4 weeks, as the case may be, referred to in that subsection where it appears to the planning authority that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.
(b) Where paragraph (a) applies, the planning authority shall, by notice in writing served on—
(i) the applicant,
(ii) the owner F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(iii) the occupier F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and
(iv) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),
before the expiration of the period of 3 weeks or 4 weeks, referred to in subsection (2)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the authority intends that the screening determination for environmental impact assessment concerned shall be made.
(3)(a) Before making a decision on an application under section 176A(2), the planning authority shall—
(i) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001,
(ia) take into account—
(I) the information provided pursuant to section 176A(3)(d), and
(II) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and
(ii) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A).
(b) A planning authority shall include, or refer to, in its screening determination for environmental impact assessment made under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which such determination is based.
(3A)(a) Paragraph (b) applies where the screening determination for environmental impact assessment made under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, under section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the proposed development.
(b) A planning authority shall specify such features, if any, and such measures, if any, in its screening determination for environmental impact assessment made under this section.
(4) A planning authority shall give notice in writing of its screening determination for environmental impact assessment made under this section to—
(a) the applicant,
(b) any person or body consulted under section 176A(4), and
F815[(c) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development,]
and the notice shall include—
(i) the planning authority’s reasons for that determination, and
(ii) information concerning referral of the determination to the Board for review under section 176C.
(4A) The notice under subsection (4) shall be placed with any application for consent for proposed development subsequently made in respect of which an application for a screening for environmental impact assessment was made under section 176A(2).
(5) A planning authority shall publish the screening determination for environmental impact assessment, either or both—
(a) on its website, and
(b) in a newspaper circulating in the area where the proposed development would be situated,
together with a notice—
(i) stating that the determination may be referred to the Board for review by—
(I) the applicant,
(II) the owner F814[(if any)] of the land, where he or she is not the applicant,
(III) the occupier F814[(if any)] of the land, where he or she is not the applicant or the owner of the land, and
(IV) any person or body consulted by the planning authority about the application,
(ii) stating that a person may question the validity of either or both—
(I) the screening determination for environmental impact assessment by the planning authority, and
(II) any determination by the Board of the said screening determination,
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 sections 50 and 50A, and
(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.
(6)(a) Where a planning authority makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours for at least the minimum period referred to in paragraph (b):
(i) a copy of the application made under section 176A(2) and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—
(I) the applicant,
(II) the owner F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(III) the occupier F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and
(IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),
(ii) a copy of any report prepared by or for the authority in relation to the application, and
(iii) a copy of the screening determination for environmental impact assessment made under this section by the authority.
(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made under this section by the planning authority.]
Annotations
Amendments:
F813
Inserted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 21, in effect as per reg. 2(2).
F814
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 35, S.I. No. 488 of 2022.
F815
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 35, S.I. No. 488 of 2022.
Modifications (not altering text):
C223
Application of section restricted during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 22, S.I. No. 270 of 2017. Note the version of s. 176B then referred to was not commenced.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period
22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.
Editorial Notes:
E370
Previous affecting provision: section inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 26, not commenced; substituted as per F-note above.
F816[Review of screening determination for environmental impact assessment and referral of application for screening for environmental impact assessment
176C.—(1) Where a screening determination for environmental impact assessment is made by a planning authority under section 176B, any person to whom subsection (4) or (5) of that section relates may, within 3 weeks of the issuing of the determination and on payment to the Board of the appropriate fee, refer the determination for review (in this section referred to as a "determination review") by the Board.
(2) Without prejudice to section 176B, where an application was made under section 176A and no screening determination for environmental impact assessment has been issued by a planning authority within the appropriate period of time provided for by section 176B(2), then—
(a) the person who made the application may—
(i) within the period of 3 weeks after the latest date by which that determination was due to be issued under section 176B(2), and
(ii) on payment to the Board of the appropriate fee,
refer the application in question to the Board (which act is in this section referred to as an ‘application referral’) for determination, and
(b) the authority concerned shall repay to the applicant the fee paid to the authority in accordance with section 176A(3).
(3) Where a determination to which subsection (1) relates or an application to which subsection (2) relates is referred to the Board under either of those subsections, the person so referring shall give notice to that effect to the planning authority concerned, and accordingly that authority shall forthwith forward to the Board—
(a) a copy of the application submitted to the authority under paragraph (a) or (b) of section 176A(2) and any determination made, and
(b) any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A), in respect of the application to the planning authority.
(4) The Board shall, where appropriate, carry out screening for appropriate assessment in respect of the proposed development as provided for by section 177U(10) at the same time as making a determination under this section in respect of the development.
(5) Before making a determination under this section, the Board shall—
(a) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001,
(b) take into account—
(i) the information provided pursuant to section 176A(3)(d), and
(ii) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and
(c) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A) and any screening determination for environmental impact assessment made by the planning authority under section 176B.
(5A) The Board shall include, or refer to, in its determination under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination is based.
(6) Subject to subsection (6A), the Board shall make a determination on the determination review or the application referral—
(a) within 5 weeks of receiving from the planning authority the documents to which subsection (3) relates, or
(b) where the Board requests from the applicant, or any other person that it considers appropriate, further information with regard to the determination review or application referral in order to enable the Board to make a determination and specifies the period within which the information or views concerned are required to be received by the Board, within 4 weeks of the due receipt of the further information.
(6A)(a) Subject to paragraph (b), the Board shall not be required to comply with subsection (6)(a) or (b) within the 5 week period or 4 week period, as the case may be, referred to in that subsection where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.
(b) Where paragraph (a) applies, the Board shall, by notice in writing served on—
(i) the applicant,
(ii) the planning authority,
(iii) the owner F817[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(iv) the occupier F817[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and
(v) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),
before the expiration of the period of 5 weeks or 4 weeks referred to in subsection (6)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the Board intends that the determination concerned shall be made.
(7) A determination review or a determination on foot of an application referral under this section shall consist of a determination by the Board—
(a) as to whether a proposed development would be likely to have significant effects on the environment, and
(b) if the development would be likely to have such effects, that an environmental impact assessment is required.
(7A)(a) Paragraph (b) applies where the determination under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, in accordance with section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.
(b) The Board shall specify such features, if any, and such measures, if any, in its determination under this section.
(8) The Board shall give notice in writing of its determination under this section to—
(a) the planning authority,
(b) the applicant,
(c) any person or body consulted under section 176A(4),
F818[(d) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development, and]
(e) any other person, requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,
by issuing in writing to each of them a notice to that effect and the notice shall include the Board’s reasons for that decision.
(8A) The notice issued under subsection (8) shall be placed with any application for consent for proposed development subsequently made to the planning authority or the Board, as the case may be, or any appeal or referral made to the Board in respect of which an application for a screening for an environmental impact assessment was made under section 176A(2).
(9) On notification by the Board of a determination under this section, the planning authority shall publish the determination either or both—
(a) on its website, and
(b) in a newspaper circulating in the area where the proposed development would be situated,
together with a notice—
(i) indicating the place or places at which the documents relating to the making of the determination are available for inspection and purchase by members of the public and, where applicable, the availability of the said documents for inspection by electronic means,
(ii) stating that a person may question the validity of the determination 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 sections 50 and 50A, and
(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.
(10) The Board shall—
(a) keep a record of any determination made by it under this section and the main reasons and considerations on which its determination was based,
(b) from time to time, but at least once in every year, forward to each planning authority a copy of the record referred in paragraph (a), and
(c) make the record available for purchase and inspection during office hours or available on its website, or both,
and, where the record specified in paragraph (a) is made available for purchase and inspection, the Board may charge a specified fee as determined pursuant to section 144(1A)(ha) but such fee shall not exceed the cost of making the copy.
(11)(a) Where the Board makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours at the offices of the Board for at least the minimum period referred to in paragraph (b):
(i) a copy of the application made under section 176A(2), the referral for determination review or the application referral, as the case may be, and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—
(I) the applicant,
(II) the owner F817[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(III) the occupier F817[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land,
(IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4), and
(V) any other person requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,
(ii) a copy of any report prepared by or for the Board in relation to the determination review or application referral, and
(iii) a copy of the screening determination for environmental impact assessment made under this section by the Board.
(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made by the Board.]
Annotations
Amendments:
F816
Inserted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 21, in effect as per reg. 2(2).
F817
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 36, S.I. No. 488 of 2022.
F818
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 36, S.I. No. 488 of 2022.
Modifications (not altering text):
C224
Application of section restricted during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 22, S.I. No. 270 of 2017. Note the version of s. 176C then referred to was not commenced.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period
22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.
Editorial Notes:
E371
Previous affecting provisions: subs. (9A) inserted and subs. (1)(c) substituted by Planning and Development (Amendment) Act 2018 (16/2018), s. 34(a), (b), not commenced; repealed (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 4(2), in effect as per reg. 2(1).
E372
Previous affecting provision: section inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 26, not commenced; substituted as per F-note above.
Prescribed information regarding environmental impact statements.
177.—(1) The Minister may prescribe the information that is to be contained in an F819[environmental impact assessment report].
(2) Any reference in an enactment to the information to be contained in an environmental impact statement specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, shall be deemed to be a reference to information prescribed under this section.
Annotations
Amendments:
F819
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. 67, in effect as per reg. 2(1).
Editorial Notes:
E373
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
F820[PART XA
Substitute Consent]
Annotations
Amendments:
F820
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
Annotations
Modifications (not altering text):
C225
Prospective affecting provision: application of Part continued by Planning and Development Act 2024 (34/2024), s. 129(7), not commenced as of date of revision.
Applications for retrospective consent
129.— …
(7) Where an application for substitute consent under section 177E of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision under section 177K in relation to the development to which the application related before such repeal, Part XA shall, notwithstandin17g that repeal and subject to subsection (12) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.
F821[Interpretation.
177A.—(1) In this Part—
F822["exceptional circumstances" shall, other than in section 177K(2A)(b), be construed in accordance with section 177K(1J);]
"F823[remedial environmental impact assessment report]" shall be construed in accordance with section 177F;
"remedial Natura impact statement" shall be construed in accordance with section 177G;
"substitute consent" means substitute consent granted under section 177K.
(2) Subject to this Part, a word or expression that is used in the Part and that is also used in the Birds Directive or the Habitats Directive has, unless the context otherwise requires, the same meaning in this Part as it has in the Birds Directive or the Habitats Directive.]
Annotations
Amendments:
F821
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F822
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 26, S.I. No. 645 of 2023.
F823
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. 68, in effect as per reg. 2(1).
F824[Application to apply for substitute consent where notice served by planning authority.
177B.—F825[…]]
Annotations
Amendments:
F824
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F825
Repealed (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 40(a), S.I. No. 645 of 2023, subject to transitional provision in s. 41(10).
Editorial Notes:
E374
Previous affecting provision: subss. (1)(i), (2)(c) amended (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. nos. 69, 70, in effect as per reg. 2(1); section repealed (16.12.2023) as per F-note above.
E375
Previous affecting provision: section amended (24.11.2011) by European Union (Substitute Consent) Regulations 2011 (S.I. No. 609 of 2011), reg. 3(1)(a)-(e), subject to transitional provision in reg. 3(2); section repealed (16.12.2023) as per F-note above.
F826[Application for leave to apply for substitute consent where notice not served by planning authority.
177C.—F827[…]]
Annotations
Amendments:
F826
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F827
Repealed (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 40(b), S.I. No. 645 of 2023, subject to transitional provision in s. 41(11).
Editorial Notes:
E376
Previous affecting provision: section amended (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 22(a), (b), 36 and sch. 1 table ref. no. 71, in effect as per reg. 2(1); section repealed (16.06.2023) as per F-note above.
F828[Decision of Board on whether to grant leave to apply for substitute consent.
177D.—F829[…]]
Annotations
Amendments:
F828
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F829
Repealed (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 40(c), S.I. No. 645 of 2023.
Editorial Notes:
E377
Previous affecting provision: section amended (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), regs. 23(a)-(d), 36 and sch. 1 table ref. nos. 72, 73, in effect as per reg. 2(1); section repealed (16.12.2023) as per F-note above.
E378
Previous affecting provision: subs. (1) amended (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 3; section repealed (16.12.2023) as per F-note above.
E379
Previous affecting provision: subs. (5)(a)-(c) amended (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 3; section repealed (16.12.2023) as per F-note above.
F830[Application for substitute consent.
177E.—(1) An application for substitute consent F831[in respect of development of land] shall be made to the Board.
F832[(1A) The Board may, at its own discretion and at the request of a person who intends to make an application for substitute consent, enter into consultations in respect of the application with that person before he or she makes the application.]
F831[(1B) Subject to subsection (2A), an application for substitute consent may be made by—
(a) a person who has carried out the development referred to in subsection (1), or
(b) the owner or occupier of the land on which the development has been carried out.
(1C) The Board shall only consider an application for substitute consent in respect of development of land where—
(a) subject to subsection (1D), the Board is satisfied under section 172 that an environmental impact assessment was required or is required for the development,
(b) subject to subsection (1E), the Board is satisfied under section 177U that an appropriate assessment was required or is required for the development, or
(c) subject to subsections (1D) and (1E), the Board is satisfied under sections 172 and 177U, that both of the assessments referred to at paragraphs (a) and (b) were required or are required for the development.
(1D) Where the Board receives an application which is accompanied by a remedial environmental impact assessment report under subsection (2)(b) and the application is not, under this Act or any regulations made under it, invalid or withdrawn, the Board shall be deemed to be satisfied that an environmental impact assessment is required and was required and the Board shall consider the application.
(1E) Where the Board receives an application which is accompanied by a remedial Natura impact statement under subsection (2)(b), and the application is not, under this Act or any regulations made under it, invalid or withdrawn, the Board shall be deemed to be satisfied that an appropriate assessment is required and was required and the Board shall consider the application.]
F832[(2) An application for substitute consent shall—
(a) state the name of the person making the application,
(b) be accompanied by a remedial environmental impact assessment report or remedial Natura impact statement, or both,
(c) be accompanied by the fee payable in accordance with section 177M,
(d) comply with any requirements prescribed under section 177N, and
(e) be accompanied by any other document that the applicant considers would be of assistance to the Board in making a decision in relation to his or her application.]
F832[(2A) Where an application for substitute consent is made in respect of development of land for which planning permission has been granted, that application may be made in relation to—
(a) that part of the development permitted under the permission that has been carried out at the time of the application, or
(b) subject to subsection (2B), that part of the development referred to in paragraph (a) and all or part of the development permitted under the permission that has not been carried out at the time of the application.]
F833[(2B) Where subsection (2A)(b) applies the applicant shall, in relation to that part of the development that has not been carried out at the time of the application, furnish one or both of the following to the Board with his or her application:
(a) where a remedial environmental impact assessment report has been furnished with the application, an environmental impact assessment report;
(b) where a remedial Natura impact statement has been furnished with the application, a Natura impact statement.]
(3) F834[…]
(4) The Board may at its own discretion, on request extend the period F832[specified in section 177B (whether the notice given under section 177B(1) was confirmed or amended before the date of the coming into operation of section 40 (a) of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, or confirmed or amended on or after that date in accordance with section 41 (10) of that Act) or specified in section 261A], for the making of an application for substitute consent, by such further period as it considers appropriate.
F835[(4A)(a) The Board shall consider whether a remedial environmental impact assessment report submitted under this section identifies and describes adequately the direct and indirect significant effects on the environment of the development.
(b) Paragraph (c) applies where the Board considers that the remedial environmental impact assessment report does not identify or adequately describe such effects.
(c) The Board shall require the applicant for substitute consent to furnish, within a specified period, such further information which is necessary to ensure the completeness and quality of the remedial environmental impact assessment report and which is directly relevant to reaching the reasoned conclusion on the significant effects on the environment of the development as the Board considers necessary to remedy such defect.]
F833[(4B) Where the Board considers that a remedial Natura impact statement does not comply with paragraph (a), (b) or (c) of section 177G(1), the Board shall require the applicant for substitute consent to furnish, within a specified period, such further information as it considers necessary for the statement to so comply.
(4C) Where further information required by the Board under subsection (4A)(c) or (4B) is not furnished to it by the applicant within the period specified under that subsection, or within any further period as may be specified by the Board, the application shall be deemed to have been withdrawn by the applicant.]
(5) As soon as may be after receipt of an application for substitute consent under this section, which is not invalid, the Board shall send a copy of the application and all associated documentation, including the F836[remedial environmental impact assessment report, or the remedial Natura impact statement, or both that report and that statement, as the case may be, and, where subsection (2A)(b) applies, the environmental impact assessment report or Natura impact statement or both that report and that statement]F837[, as the case may be,] to the planning authority for the area in which the development the subject of the application is situated and such documentation shall be placed on the register.]
F833[(6) Where a remedial environmental impact assessment report, remedial Natura impact statement, environmental impact assessment report or Natura impact statement is received by the Board in response to a requirement under subsection (2CA), (2CB) or (2CC) of section 177K, the Board shall, as soon as may be after its receipt, send the report or statement, as the case may be, to the planning authority referred to in subsection (5), and the planning authority shall place the report or statement on the register.]
Annotations
Amendments:
F830
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F831
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 27(a), (c), S.I. No. 645 of 2023, subject to transitional provision in s. 41(12).
F832
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 27(b), (d), (e), (g), S.I. No. 645 of 2023, subject to transitional provision in s. 41(12).
F833
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 27(f), (h), (i), S.I. No. 645 of 2023, subject to transitional provision in s. 41(12).
F834
Deleted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 4(b).
F835
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 24, in effect as per reg. 2(1).
F836
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. 77, in effect as per reg. 2(1).
F837
Substituted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 4(c).
Modifications (not altering text):
C226
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 129(7), not commenced as of date of revision.
Applications for retrospective consent
129.— …
(7) Where an application for substitute consent under section 177E of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision under section 177K in relation to the development to which the application related before such repeal, Part XA shall, notwithstanding that repeal and subject to subsection (12) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.
Editorial Notes:
E380
Previous affecting provision: subs. (2)(g) substituted (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 6, commenced on enactment; subsection substituted (16.12.2023) as per F-note above.
E381
Previous affecting provision: subss. (2)(c), (d), (2A)(b)(I) amended (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. nos. 74, 75, 76, in effect as per reg. 2(1); subsections substituted (16.12.2023) as per F-note above.
E382
Previous affecting provision: subs. (2A) inserted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 4(a); substituted (16.12 2023) as per F-note above.
E383
Previous affecting provision: subs. (5) amended (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 4(c); subs. (5) amended as per F-note above.
E384
Previous affecting provision: subs. (1A) inserted (24.11.2011) by European Union (Substitute Consent) Regulations 2011 (S.I. No. 609 of 2011), reg. 4(a); substituted (16.12.2023) as per F-note above.
E385
Previous affecting provision: subs. (3) amended (24.11.2011) by European Union (Substitute Consent) Regulations 2011 (S.I. No. 609 of 2011), reg. 4; deleted as per F-note above.
E386
Previous affecting provision: subs. (2)(c) amended (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 7; subsection substituted (16.12.2023) as per F-note above.
F838[Remedial environmental impact statement.
177F.—(1) A F839[remedial environmental impact assessment report] shall contain the following:
(a) a statement of the significant effects, if any, on the environment, which have occurred or which are occurring or which can reasonably be expected to occur because the development the subject of the application for substitute consent was carried out;
(b) details of—
(i) any appropriate remedial measures undertaken or proposed to be undertaken by the applicant for substitute consent to remedy any significant adverse effects on the environment;
(ii) the period of time within which any proposed remedial measures shall be carried out by or on behalf of the applicant;
(c) such information as may be prescribed under section 177N.
F840[(1A) The remedial environmental impact assessment report shall be prepared by experts with the competence to ensure its completeness and quality.]
(2) F841[(a) F842[(i) A person may request the Board to give him or her an opinion referred to in subparagraph (ii) in relation to a development—
(I) before he or she makes an application for substitute consent in respect of the development, or
(II) after he or she has made such an application, where required by the Board under section 177K(2CA) to submit a remedial environmental impact assessment report.]
(ii) Subject to subparagraph (iii), F842[the Board shall, when requested to do so by the person referred to in subparagraph (i),] taking into account the information provided by F842[the person], in particular on the specific characteristics of the development, including its location and technical capacity, and its impact and likely impact on the environment, as soon as may be give an opinion in writing on the scope and level of detail of the information to be included in the remedial environmental impact assessment report F843[in relation to the development].
(iii) The Board shall give the opinion in writing before the submission by F842[the person referred to in subparagraph (i)] of the remedial environmental impact assessment report.]
F844[(aa) Where an opinion referred to in paragraph (a) has been provided, the remedial environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the development, taking into account current knowledge and methods of assessment.]
(b) F842[The person referred to in paragraph (a)(i)] shall, in connection with a request under paragraph (a), forward to the Board sufficient information in relation to the development the subject of the application for substitute consent to enable the Board to comply with that request, and shall forward any additional information requested by the Board.
(c) The provision of an opinion under this subsection shall not prejudice the performance by the Board of any of its functions under this Act or regulations under this Act and cannot be relied upon in the application for substitute consent or in any legal proceedings.]
Annotations
Amendments:
F838
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F839
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. 78, in effect as per reg. 2(1).
F840
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 25(a), in effect as per reg. 2(1).
F841
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 25(b), in effect as per reg. 2(1).
F842
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 28(a)(i), (ii)(I), (II), (iii), (b), S.I. No. 645 of 2023.
F843
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 28(a)(ii)(III), S.I. No. 645 of 2023.
F844
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 25(b), in effect as per reg. 2(1).
Modifications (not altering text):
C227
Transitional arrangements provided (21.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(1)(c), in effect as per reg. 2(1).
Transitional arrangements
3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases: ...
(c) a request has been made, before 16 May 2017, under section 177F(2) of the Act of 2000, as so in force, for an opinion prepared by the Board on the information required to be contained in a remedial environmental impact statement relating to such development;
...
(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.
(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.
(4) In this Regulation—
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Regulations of 2001” means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
F845[Remedial Natura impact statement.
177G.—(1) A remedial Natura impact statement shall contain the following:
(a) a statement of the significant effects, if any, on the relevant European site which have occurred or which are occurring or which can reasonably be expected to occur because the development the subject of the application for substitute consent was carried out;
(b) details of—
(i) any appropriate remedial or mitigation measures undertaken or proposed to be undertaken by the applicant for substitute consent to remedy or mitigate any significant effects on the environment or on the European site;
(ii) the period of time within which any such proposed remedial or mitigation measures shall be carried out by or on behalf of the applicant;
(c) such information as may be prescribed under section 177N;
(d) and may have appended to it, where relevant, and where the applicant may wish to rely upon same:
(i) a statement of imperative reasons of overriding public interest;
(ii) any compensatory measures being proposed by the applicant.]
Annotations
Amendments:
F845
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F846[Submissions or observations by person other than the applicant for substitute consent or planning authority.
177H.—F847[(1) Any person (other than the applicant for substitute consent) or a planning authority may make submissions or observations (including submissions or observations as to the existence or absence of exceptional circumstances justifying a grant of substitute consent) to the Board in relation to an application for substitute consent, and any such submissions or observations shall be in writing.]
(2) Submissions or observations that are made under this section shall not be considered by the Board if the person who submits them has not complied with any relevant requirements prescribed by regulations under section 177N.
(3) Subsection (2) shall not apply in relation to submissions or observations made by a Member State or another state which is a party to the Transboundary Convention, arising from consultation in accordance with the Environmental Impact Assessment Directive or the Transboundary Convention, as the case may be, in relation to the effects on the environment of the development to which an application for substitute consent relates.]
Annotations
Amendments:
F846
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F847
Substituted (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 7, commenced on enactment.
F848[Report of planning authority.
177I.—(1) F849[Subject to subsection (1A), no later] than 10 weeks after receipt, under section 177E(5), by a planning authority of a copy of an application for substitute consent and a F850[remedial environmental impact assessment report or a remedial Natura impact statement or both that report and that statement, as the case may be, and, where section 177E(2A)(b) applies, an environmental impact assessment report or Natura impact statement or both that report and that statement] F851[, as the case may be,] a planning authority shall submit a report to the Board and the Board shall consider the report.
F852[(1A) Where section 177E(6) applies, the period of 10 weeks referred to in subsection (1) shall run from the date of receipt by the planning authority of the report or statement, as the case may be, under that section.]
(2) The report referred to in subsection (1) shall include the following:
(a) information relating to development (including development other than the development which is the subject of the application for consent) carried out on the site where the development the subject of the application for consent is situated, and any application for permission made in relation to the site and the outcome of the application;
(b) information relating to any warning letter, enforcement notice or proceedings relating to offences under this Act that relate to the applicant for substitute consent;
(c) information regarding the relevant provisions of the development plan and any local area plan as they affect the area of the site and the type of development concerned;
(d) any information that the authority may have concerning—
(i) current, anticipated or previous significant effects on the environment, or on a European site associated with the development or the site where the development took place F853[or, where section 177E(2A)(b) applies, is proposed to take place] and, if relevant, the area surrounding or near the development or site, or
(ii) any remedial measures recommended or undertaken;
(e) the opinion, including reasons therefor, of the F854[chief executive] as to—
(i) whether or not substitute consent should be granted for the development, and
(ii) the conditions, if any, that should be attached to any grant of substitute consent.]
Annotations
Amendments:
F848
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F849
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 29(a), S.I. No. 645 of 2023.
F850
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. 79, in effect as per reg. 2(1).
F851
Inserted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 5(a).
F852
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 29(b), S.I. No. 645 of 2023.
F853
Inserted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 5(b).
F854
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 65, S.I. No. 436 of 2018.
F855[Draft direction and direction to cease activity or operations.
177J.—(1) Where the Board has received an application for substitute consent made in accordance with section 177E and is considering that application, it may give a draft direction in writing to the person who made the application requiring the person to cease within the period specified in the draft direction, all or part of his or her activity or operations on or at the site of the development the subject of the application, where the Board forms the opinion that the continuation of all or part of the activity or operations is likely to cause significant adverse effects on the environment or adverse effects on the integrity of a European site.
(2) The draft direction referred to in subsection (1) shall inform the applicant of the Board’s reasons for its opinion that the continuation of all or part of the activity or operations is likely to cause significant adverse effects on the environment or adverse effects on the integrity of a European site.
(3) The person to whom the draft direction is given may make a submission or observation to the Board in relation to the draft direction within 2 weeks of receipt of the draft direction.
(4) The Board shall consider any submission or observation submitted to it under subsection (3) and may do one of the following:
(a) give a direction to the applicant for substitute consent confirming the draft direction;
(b) give a direction to the applicant varying the draft direction;
(c) withdraw the draft direction,
and shall send a copy of the direction to the relevant planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be.
(5) A person who fails to comply with a direction given by the Board under subsection (4), within the time specified in the direction shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding €5,000, or to imprisonment for a term not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €12,600,000 or to imprisonment for a term not exceeding 2 years, or to both.
(6) Where a person is convicted of an offence referred to in subsection (5) and there is a continuation by him or her of the offence after his or her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable—
(a) on summary conviction, to a fine not exceeding €500 for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 6 months, or
(b) on conviction on indictment, to a fine not exceeding €12,600 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years.]
Annotations
Amendments:
F855
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F856[Decision of Board.
177K.—F857[(1) Where an application is made to the Board for substitute consent in accordance with this Act and regulations under this Act—
(a) the Board shall ensure that it has, or has access to, sufficient expertise to enable it to examine the remedial environmental impact assessment report and ensure its adequacy, and
(b) the Board may, subject to subsection (1A)—
(i) grant substitute consent (with or without conditions) in respect of the development concerned, or
(ii) refuse substitute consent in respect of the development concerned.]
F858[(1A) (a) The Board shall not grant substitute consent (whether subject to conditions or not) unless it is satisfied that exceptional circumstances exist that would justify the grant of such consent by the Board.
(b) F859[…]
(c) F859[…]
(1B) F860[…]
(1C) F860[…]
(1D) F860[…]
(1E) F860[…]
(1F) F860[…]
(1G) F860[…]
(1H) F860[…]
(1I) F860[…]]
F861[(1J) In considering whether exceptional circumstances exist under subsection (1A)(a) the Board shall have regard to the following matters:
(a) whether regularisation of the development concerned would circumvent the purpose and objectives of the Environmental Impact Assessment Directive or the Habitats Directive;
(b) whether the applicant had or could reasonably have had a belief that the development was not unauthorised;
(c) whether the ability to carry out an assessment of the environmental impacts of the development for the purpose of an environmental impact assessment or an appropriate assessment and to provide for public participation in such an assessment has been substantially impaired;
(d) the actual or likely significant effects on the environment or adverse effects on the integrity of a European site resulting from the carrying out or continuation of the development;
(e) the extent to which significant effects on the environment or adverse effects on the integrity of a European site can be remediated;
(f) whether the applicant has complied with previous planning permissions granted or has previously carried out an unauthorised development;
(g) such other matters as the Board considers relevant.]
(2) When making its decision in relation to an application for substitute consent, the Board shall consider the proper planning and sustainable development of the area, regard being had to the following matters:
(a) the provisions of the development plan or any local area plan for the area;
(b) the provisions of any special amenity area order relating to the area;
(c) the F862[remedial environmental impact assessment report, or remedial Natura impact statement, or both that report and that statement, as the case may be, and, where section 177E(2A)(b) applies, the environmental impact assessment report or Natura impact statement or both that report and that statement] F863[, as the case may be,] submitted with the application F861[or in accordance with a requirement under subsection (2CA), (2CB) or (2CC)];
(d) the significant effects on the environment, or on a European site, which have occurred or which are occurring or could reasonably be expected to occur because the development concerned F864[was or is proposed to be carried out];
(e) the report and the opinion of the planning authority under section 177I;
(f) any submissions or observations made in accordance with regulations made under section 177N;
(g) any report or recommendation prepared in relation to the application by or on behalf of the Board, including the report of the person conducting any oral hearing on behalf of the Board;
(h) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact;
(i) conditions that may be imposed in relation to a grant of permission under section 34(4), F865[282(3) or 293(7)];
(j) the matters referred to in section 143;
(k) the views of a Member State where the Member State is notified in accordance with regulations under this Act;
(l) any relevant provisions of this Act and regulations made thereunder.
F866[(2A)(a) Subject to paragraph (b), the Board shall make a determination for the purposes of this section as to whether an environmental impact assessment was or is required within 8 weeks of receipt of the information specified in Schedule 7A to the Planning and Development Regulations 2001.
(b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period specified in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the development (including in relation to the nature, complexity, location or size of such development) to do so.
(c) Where paragraph (b) applies, the Board shall, by notice in writing served on the applicant before the expiration of the period specified in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the Board intends that the determination concerned shall be made.
(2B) Where the Board makes a determination for the purposes of this section as to whether an environmental impact assessment was or is required, it shall, in making that determination, have regard to—
(a) the criteria set out in Schedule 7 to the Planning and Development Regulations 2001,
(b) the information submitted pursuant to Schedule 7A to the Planning and Development Regulations 2001,
(c) the further relevant information, if any, referred to in article 227(2)(cb) of the Planning and Development Regulations 2001 and the description, if any, referred to in article 227(2A) of those Regulations,
(d) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and
(e) in respect of a development which would be located on, or in, or have the potential to impact on—
(i) a European site,
(ii) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),
(iii) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000,
(iv) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),
(v) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976,
(vi) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or
(vii) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,
the likely significant effects of the development on such site, area, land, place or feature, as appropriate.
(2C) The Board shall include, or refer to, in its decision under subsection (1) the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination under subsection (2A) is based.
F867[(2CA) Where the applicant submitted a remedial Natura impact statement under section 177E(2), but did not submit a remedial environmental impact assessment report under that section, and the Board determines that an environmental impact assessment was required or is required, the Board shall require the applicant to submit such a report within a specified period.
(2CB) Where the applicant submitted a remedial environmental impact assessment report under section 177E(2), but did not submit a remedial Natura impact statement under that section, and the Board determines that an appropriate assessment was required or is required, the Board shall require the applicant to submit such a statement within a specified period.
(2CC) Where section 177E(2A)(b) applies and a remedial environmental impact assessment report or remedial Natura impact statement, as the case may be, was not submitted with an application but is subsequently required under subsection (2CA) or (2CB), the Board shall, in relation to the part of the development referred to in section 177E(2A)(b) that has not been carried out at the time of the application, require the applicant to submit an environmental impact assessment report or a Natura impact statement, as the case may be, within a specified period.
(2CD) Where the Board requires the applicant to submit within a specified period a report under subsection (2CA), a statement under subsection (2CB), or a report or statement under subsection (2CC), and the report or statement is not submitted to it within that period, or within any further period that the Board may specify, the application shall be deemed to have been withdrawn by the applicant.]
(2D)(a) Paragraph (b) applies where the determination under subsection (2A) is that the development did not or would not be likely to have significant effects on the environment (and, accordingly, an environmental impact assessment is or was not required) and the applicant has provided, F868[in accordance with the Planning and Development Regulations 2001], a description of the features, if any, of the development and the measures, if any, incorporated or envisaged, to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the development.
(b) The Board shall specify such features, if any, and such measures, if any, in its decision under subsection (1).
(2E)(a) Where the Board decides under subsection (1) to grant substitute consent for the development, it shall—
(i) attach such conditions, if any, to the grant as it considers necessary to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the development,
(ii) where the applicant has provided, F868[in accordance with the Planning and Development Regulations 2001], a description of the features, if any, of the development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce and, if possible, offset what might otherwise have been the significant adverse effects on the environment of the development, specify such features, if any, and such measures, if any, in the decision, and
(iii) subject to paragraph (b), where appropriate, specify in the decision measures to monitor the significant adverse effects on the environment of the development (being measures, as regards the types of parameters to be monitored and the duration of the monitoring, that are proportionate to the nature, location and size of the development and the significance of the effects on the environment of the development).
(b) Where the Board decides under subsection (1) to grant substitute consent for the development, it may, if appropriate to avoid duplication of monitoring, and without prejudice to existing monitoring arrangements pursuant to national or European Union legislation (other than the Environmental Impact Assessment Directive) identify such arrangements (or parts thereof as it thinks appropriate in the particular case) to be used for the purpose of paragraph (a)(iii).]
(3) The conditions referred to in subsection (1) may include—
(a) one or more than one condition referred to in section 34(4), F865[282(3) or 293(7), as may be appropriate,]
(b) a condition or conditions relating to remediation of all or part of the site on which the development the subject of the grant of substitute consent is situated,
(c) a condition or conditions requiring a financial contribution in accordance with section 48, or
(d) a condition or conditions requiring a financial contribution in accordance with a supplementary development contribution scheme under section 49.
(4) The Board shall send a notification of its decision under subsection (1) to the applicant, and such notification shall state—
(a) the main reasons for and considerations on which the decision is F869[made,]
F870[(aa) F871[where an environmental impact assessment was carried out,] the reasoned conclusion by the Board on the significant effects on the environment of the development, taking into account the results of the examination of the information contained in the remedial environmental impact assessment report or the environmental impact assessment report, or both such reports, as the case may be, and any supplementary information provided, where necessary, by the applicant in accordance with regulations under this Part and any relevant information received through consultations with prescribed authorities in accordance with regulations under this Part and, where appropriate, its own supplementary examination, and]
(b) where conditions are imposed in relation to the grant of substitute consent the main reasons for the imposition of any such conditions.
F872[(4A)(a) Where the decision under subsection (1) by the Board to impose a condition (being an environmental condition which arises from the consideration of the remedial environmental impact assessment report or the environmental impact assessment report concerned, or both such reports, as the case may be) in relation to the grant of substitute consent is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the Board shall, in its statement under subsection (4)(b), indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition.
(b) Where F871[an environmental impact assessment was carried out and] the decision under subsection (1) by the Board is to grant, subject to or without conditions, substitute consent, the Board shall cause the decision to be accompanied by a statement that the Board 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.
(c) F868[Where an environmental impact assessment was carried out, the Board shall] include in its decision under subsection (1) a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment concerned 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.]
(5) The Board shall also send a copy of its decision under subsection (1) to the planning authority in whose area the development the subject of the application for substitute consent is situated and to any person who made submissions or observations in relation to the application.
(6) For the avoidance of doubt, there shall be no right to compensation under Part XII in respect of any of the following:
(a) F873[…]
(b) a direction of the Board to cease all or part of an activity or operations under section 177J;
(c) a decision of the Board under this section to refuse an application for substitute consent under this section;
(d) a decision of the Board under this section to grant substitute consent subject to one or more than one condition;
(e) a direction of the Board to cease activity or operations or to take remedial measures under section 177L.]
Annotations
Amendments:
F856
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F857
Substituted (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 8(a), commenced on enactment.
F858
Inserted (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 8(b), commenced on enactment.
F859
Repealed (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 40(d), S.I. No. 645 of 2023.
F860
Repealed (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 40(e), S.I. No. 645 of 2023.
F861
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 30(a), (b), S.I. No. 645 of 2023.
F862
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. 80, in effect as per reg. 2(1).
F863
Inserted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 6(a).
F864
Substituted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 6(b).
F865
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 37, S.I. No. 488 of 2022.
F866
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 26(b), in effect as per reg. 2(1).
F867
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 30(c), S.I. No. 645 of 2023.
F868
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 30(d), (e), (g)(ii), S.I. No. 645 of 2023.
F869
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 26(c)(i), in effect as per reg. 2(1).
F870
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 26(c)(ii), in effect as per reg. 2(1).
F871
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 30(f), (g)(i), S.I. No. 645 of 2023.
F872
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 26(d), in effect as per reg. 2(1).
F873
Deleted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 30(h), S.I. No. 645 of 2023.
Modifications (not altering text):
C228
Prospective affecting provision: transitional arrangements of repeal made by Planning and Development Act 2024 (34/2024), s. 118(5), not commenced as of date of revision.
Status of permission, consent, approval granted under Act of 2000
188.— …
(5) A substitute consent granted under section 177K of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a retrospsective consent granted under section 123.
...
Editorial Notes:
E387
Previous affecting provision: subs. (1) amended (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 26(a), in effect as per reg. 2(1); subsection substituted as per F-note above.
F874[Direction by Board to cease activity or operations or take remedial measures.
177L.—(1) Where the Board F875[…] refuses to grant substitute consent under section 177K, it may give a draft direction in writing to the applicant concerned requiring him or her—
(a) to cease within the period specified in the draft direction, all or part of his or her activity or operations on or at the site of the development the subject of the application, where the Board forms the opinion that the continuation of all or part of the activity or operations is likely to cause significant adverse effects on the environment or adverse effects on the integrity of a European site, or
(b) to take such remedial measures, within the period specified in the draft direction, as the Board considers are necessary for either or both of the following:
(i) to restore the site on or at which the development referred to in the application is situated, to a safe and environmentally sustainable condition;
(ii) to avoid, in a European site the deterioration of natural habitats and the habitats of species or the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant in relation to the objectives of the Habitats Directive.
(2) A draft direction referred to in subsection (1) shall give the reasons the Board considers that the specified measures are necessary and shall inform the person to whom the direction is sent that he or she may make submissions or observations to the Board in relation to the notice within 4 weeks of the date of the notice.
(3) Where the Board gives a draft direction to a person under subsection (1) it shall at the same time send a copy of the direction to the relevant planning authority and shall inform the planning authority that it may make submissions or observations to the Board in relation to the direction within 4 weeks of the date of the notice.
(4) In relation to the remedial measures that may be specified a draft direction issued under subsection (1) shall direct the person to whom the direction is given—
(a) to take the remedial measures specified in the draft direction,
(b) to keep records of the remedial measures being carried out in accordance with the draft direction,
(c) to carry out the remedial measures in such order, specified in the draft direction, as the Board considers appropriate,
(d) to comply with any requirements relating to monitoring and inspection, by the relevant planning authority, of the remedial measures specified in the draft direction,
(e) to carry out the remedial measures within the period of time specified in the draft direction.
(5) The Board shall consider any submissions or observations in relation to the draft direction made to it, within 4 weeks of the date of the draft direction by the person to whom the direction was issued or the relevant planning authority and shall, as soon as may be—
(a) issue a direction to the applicant confirming the draft direction, or
(b) issue a direction to the applicant varying the draft direction, or
(c) withdraw the draft direction,
and shall send a copy of the direction to the relevant planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be.
(6) A person who fails to comply with a direction issued by the Board under F876[subsection (5)] within the period specified in the direction shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding €5,000, or to imprisonment for a term not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €12,600,000 or to imprisonment for a term not exceeding 2 years.
(7) Where a person is convicted of an offence referred to in subsection (6) and there is a continuation by him or her of the offence after his or her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable—
(a) on summary conviction, to a fine not exceeding €500 for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 6 months, or
(b) on conviction on indictment, to a fine not exceeding €12,600 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years.
(8) Insofar as a direction is issued requiring the taking of remedial measures in respect of a development referred to in section 157(4)(aa), such remedial measures may be required in relation to such development that was carried out at any time, but not more than 7 years prior to the date on which this section comes into operation.
(9) Where monitoring and inspection of remedial measures by a planning authority are specified in a direction under this section, the planning authority shall carry out the monitoring and inspection in accordance with the direction.]
Annotations
Amendments:
F874
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F875
Deleted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 31, S.I. No. 645 of 2023.
F876
Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 9.
Modifications (not altering text):
C229
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 133(10), not commenced as of date of revision.
Refusal of retrospective consent: direction by Commission to take remedial measures
133.— …
(10) Notwithstanding the repeal of section 177L of the Act of 2000 by section 6, that section shall, on and after that repeal, continue to apply and have effect in relation to—
(a) a draft direction under subsection (1) of the said section 177L given before that repeal, or
(b) a direction under subsection (5) of the said section 177L issued before that repeal.
F877[Fees and costs arising on an application for substitute consent.
177M.—(1) The fee payable to the Board in respect of an application for substitute consent shall be the same as the fee that would be payable to the planning authority under the permission regulations if the applicant were making an application for permission for the development under section 34(1) rather than an application for substitute consent.
(2) Where the Board grants an application for substitute consent under section 177K F878[…], it may determine that a sum or sums is or are required to be paid in order to defray some or all of the costs incurred by the Board or the planning authority during the course of consideration of the application and may direct the applicant to pay the sum or sums to the Board or the planning authority or both, as the case may be.
(3) A reference to costs in subsection (2) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.
(4) Where the Board directs an applicant to pay an additional sum or sums to it or the planning authority under subsection (2), it shall F878[…] give to the applicant a notice requiring the payment of that sum or sums by the applicant and shall, if appropriate, give a copy of the notice to the planning authority for the area in which the development the subject of the application is situated.
(5) An applicant who receives a notification in relation to costs under subsection (2) may, within 2 weeks of the date of such notice, make submissions or observations to the Board in relation to the sum or sums so notified.
(6) The Board shall consider the submissions or observations made to it under subsection (5) and shall, as soon as may be, decide to confirm, vary or withdraw the notice under subsection (2) and shall give notice to the applicant of the Board’s decision and the reasons therefore and shall give a copy of its decision to the relevant planning authority.
(7) Where an applicant for substitute consent fails to pay a sum or sums in respect of costs in accordance with a direction under subsection (2), the Board or the planning authority as may be appropriate may recover the sum or sums as a simple contract debt in any court of competent jurisdiction.]
Annotations
Amendments:
F877
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F878
Deleted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 32(a), (b), S.I. No. 645 of 2023.
F879[Regulations.
177N.—(1) The Minister shall by regulations make provision for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of this Part.
(2) Without prejudice to the generality of subsection (1) regulations under this section may provide for the following matters:
(a) regarding the making of an application F881[…] for substitute consent;
(b) requiring the submission of information in respect of an application referred to at paragraph (a);
(c) requiring an applicant to publish a specified notice or notices relating to an application referred to at paragraph (a);
(d) requiring an applicant for F881[…] substitute consent to submit any further information or evidence with respect to his or her application (including any information as to any estate or interest in or right over land);
(e) requiring the Board to notify prescribed authorities regarding applications for substitute consent and to give to them such documents, particulars, plans or other information in respect thereof as may be prescribed;
(f) requiring the Board, in the case of applications for substitute consent where the development the subject of the application is likely to have had or likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention to notify that state;
(g) the making available for inspection at the offices of the Board or the relevant planning authority, by members of the public, of any specified documents, particulars, plans or other information with respect to applications for substitute consent;
(h) the making of submissions or observations to the Board in relation to applications for substitute consent;
(i) the information to be contained in a F880[remedial environmental impact assessment report];
(j) the information to be contained in a remedial Natura impact statement;
(k) requiring the Board to furnish to the Minister and to any other specified persons any specified information with respect to F881[…] applications for substitute consent and the manner in which they have been dealt with;
(l) requiring the Board to publish or give notice of the Board’s decisions in respect of applications for substitute consent, including the giving of notice thereof to prescribed bodies and to persons who made submissions or observations in the prescribed manner.]
Annotations
Amendments:
F879
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F880
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. 81, in effect as per reg. 2(1).
F881
Deleted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 33(a)-(c), S.I. No. 645 of 2023.
Editorial Notes:
E388
Power pursuant to subs. (1) exercised (16.12.2023) by Planning and Development (Amendment) (No. 4) Regulations 2023 (S.I. No. 648 of 2023).
E389
Power pursuant to section exercised (4.11.2021) by Planning and Development (Amendment) (No. 3) Regulations 2021 (S.I. No. 588 of 2021).
E390
Power pursuant to subs. (1) exercised (23.12.2020) by Planning and Development (Amendment) (No. 2) Regulations 2020 (S.I. No. 692 of 2020).
E391
Power pursuant to section exercised (10.09.2015) by Planning and Development (Amendment) (No. 3) Regulations 2015 (S.I. No. 387 of 2015).
E392
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
F882[Enforcement.
177O.—(1) A grant of substitute consent shall have effect as if it were a permission granted under section 34 of the Act and where a development is being carried out in compliance with a substitute consent or any condition to which the consent is subject it shall be deemed to be authorised development.
(2) Where a development has not been or is not being carried out in compliance with a grant of substitute consent or any condition to which the substitute consent is subject it shall, notwithstanding any other provision in this Act, be unauthorised development.
(3) Where a person is required by a planning authority, F883[under section 177B, before the date of the coming into operation of section 40 (a) of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, or on or after that date where section 41 (10) of that Act applies, or under section 261A], to make an application for substitute consent for a development and he or she—
(a) fails to make such an application in accordance with relevant provisions of this Part and regulations made under section 177N, or
(b) fails, having made an application, to furnish additional information as required under relevant provisions in this Part or in regulations made under section 177N,
the Board shall inform the planning authority for the area in which the development is situated of that fact and the development shall, notwithstanding any other provision in this Act, be unauthorised development.
(4) Where a planning authority is informed by the Board that paragraph (a) or (b) as appropriate, of subsection (3) apply to an application, the planning authority shall, as soon as may be, issue an enforcement notice under section 154 of this Act requiring the cessation of activity and the taking of such steps as the planning authority considers appropriate.
(5) Where an F883[application for substitute consent] for a development is refused by the Board under section 177K the development shall, notwithstanding any other provision in this Act, be deemed to be unauthorised development and the relevant planning authority shall, as soon as may be after receipt of a copy of the relevant decision from the Board, issue an enforcement notice under section 154 of this Act requiring the cessation of activity and the taking of such steps as the planning authority considers appropriate.
(6) Where the Board has issued a direction to cease activity or operations or to take remedial measures under section 177L and the applicant has failed to comply with such a direction the relevant planning authority shall as soon as may be after receipt of a copy of the Board’s direction issue an enforcement notice under section 154 requiring compliance with the Board’s directions and the taking of any additional steps as the planning authority considers appropriate.]
Annotations
Amendments:
F882
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F883
Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 34(a), (b), S.I. No. 645 of 2023.
F884[ Supplementary provisions relating to an application for substitute consent.
177P.—F885[(1) Section 126 shall apply in relation to the duty of the Board to dispose of applications for substitute consent as it applies to the duty of the Board to dispose of appeals and referrals subject to—
(a) the modification that references in that section to appeals and referrals shall be to applications for substitute consent,
(b) the modification that the period of 18 weeks referred to in paragraph (a) of subsection (2) shall begin on the date of receipt by the Board of the report submitted by the planning authority to the Board in accordance with section 177I, and
(c) any other necessary modifications.]
(2) Section 130 (other than subsection (3)(b), (c) or (d)) shall apply in relation to making submissions or observations by any person other than the applicant for substitute consent or the relevant planning authority as it does to the making of submissions or observations by any person other than a party subject to the following and any other necessary modifications:
(a) references in that section to a party shall be construed as references to the applicant for substitute consent or the relevant planning authority, and
(b) references in that section to an environmental impact assessment shall be construed as references to a F886[remedial environmental impact assessment report or a remedial Natura impact statement, or both that report and that statement], as the case may be.
(3) Section 131 shall apply in relation to the Board requesting submissions or observations in relation to an application for substitute consent as it does in relation to an appeal or referral subject to the following and any other necessary modifications:
(a) references in that section to party to the appeal or referral shall be construed as references to applicant for substitute consent or the relevant planning authority, and
(b) references in that section to an appeal or referral shall be construed as references to an application for substitute consent.
(4) Section 132 shall apply in relation to the Board requiring a document, particulars or other information that it considers necessary to enable it to determine an application for substitute consent as it does in relation to requiring a document, particulars or other information as it considers necessary to enable it to determine an appeal or referral subject to the following and any other necessary modifications:
(a) references in that section to party shall be construed as references to applicant for substitute consent or the relevant planning authority, and
(b) references in that section to an appeal or referral shall be construed as references to an application for substitute consent.
(5) Section 133 shall apply in relation to the Board determining or dismissing an application for substitute consent as it applies in relation to the Board determining or dismissing an appeal or referral subject to the modification that references in that section to appeal or referral shall be construed as reference to an application for substitute consent and subject to any other necessary modifications.
(6) Section 135 shall apply in relation to the holding of an oral hearing of an application for substitute consent as it applies in relation to an oral hearing of an appeal, referral or application subject to the modification that references in that section to an appeal, referral or application shall be construed as references to an application for substitute consent and any other necessary modifications.]
Annotations
Amendments:
F884
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F885
Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 9.
F886
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. 82, in effect as per reg. 2(1).
F887[Oral hearings of applications for substitute consent.
177Q.—(1) Where the Board considers it necessary or expedient for the purposes of making a determination in respect of an application for substitute consent it may, in its absolute discretion, hold an oral hearing and shall, in addition to any other requirements under this Act or other enactment, as appropriate, consider the report and any recommendations of the person holding the oral hearing before making its determination.
(2) (a) An applicant for substitute consent, a planning authority or a person who makes submissions or observations under section 130 (as modified by section 177P(2)) in relation to the application for substitute consent may request an oral hearing of the application.
(b) (i) A request for an oral hearing of an application shall be made in writing to the Board and shall be accompanied by such fee (if any) as may be payable in respect of the request in accordance with section 144.
(ii) A request for an oral hearing of an application for substitute consent which is not accompanied by such fee (if any) as may be payable in respect of the request shall not be considered by the Board.
(c) A request by an applicant for substitute consent, a planning authority, or by a person who makes a submission or observation in relation to the application, for an oral hearing of the application, shall be made within the period specified in regulations under section 177N and any such request received by the Board after the expiration of that period shall not be considered by the Board.
(3) Where the Board is requested to hold an oral hearing of an application for substitute consent and decides to determine the application without an oral hearing, the Board shall serve notice of its decision on—
(a) the person who requested the hearing,
(b) the relevant planning authority, and
(c) on each person who has made submissions or observations to the Board in relation to the application (other than the person making the request under subsection 2(a)).
(4) (a) A request for an oral hearing may be withdrawn at any time.
(b) Where, following a withdrawal of a request for an oral hearing under paragraph (a), the application for substitute consent falls to be determined without an oral hearing, the Board shall give notice to the applicant for substitute consent, the planning authority and to each person who has made submissions or observations to the Board in relation to the application.]
Annotations
Amendments:
F887
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
PART XAB
Appropriate Assessment
Annotations
Modifications (not altering text):
C230
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 629, not commenced as of date of revision.
Continued operation of Parts X and XAB of Act of 2000 in relation to certain classes of development
629.— Parts X and XAB of the Act of 2000 shall, on and after the repeal of those Parts by section 6, continue to apply and have effect in relation to—
(a) development requiring approval under section 43 of the Transport (Railway Infrastructure) Act 2001, and
(b) development requiring approval under section 51 of the Roads Act 1993.
Interpretation.
177R.—(1) In this Part—
"appropriate assessment" shall be construed in accordance with section 177V;
"candidate site of community importance" means—
(a) a site—
(i) in relation to which the Minister has given notice pursuant to regulations under the European Communities Act 1972 that he or she considers the site may be eligible for identification as a site of Community importance pursuant to Article 4, paragraph 1 of the Habitats Directive, which notice may be amended in accordance with such regulations under the European Communities Act 1972,
(ii) that is included in a list transmitted to the Commission in accordance with Article 4, paragraph 1 of the Habitats Directive, or
(iii) that is added in accordance with Article 5 of the Habitats Directive, to the list transmitted to the European Commission pursuant to Article 4, paragraph 1 of the Habitats Directive,
but only until the adoption in respect of the site of a decision by the European Commission under Article 21 of the Habitats Directive for the purposes of the third paragraph of Article 4(2) of that Directive; or
(b) a site—
(i) which is subject to a consultation procedure in accordance with Article 5(1) of the Habitats Directive, or
(ii) in relation to which a Council decision is pending in accordance with Article 5(3) of the Habitats Directive;
F888["candidate special area of conservation" means a site that is a candidate site of Community importance or a site of Community importance;]
F889["candidate special protection area" means a site in relation to which the Minister for Arts, Heritage and the Gaeltacht has given notice pursuant to regulations under the European Communities Act 1972 that he or she considers that the site may be eligible for classification as a special protection area pursuant to Article 4 of the Birds Directive but only until the public notification of the making of a decision by that Minister to classify or not to classify such a site as a special protection area;]
"compensatory measures" shall be construed in accordance with section 177W(7) in relation to making Land use plans and in accordance with section 177AA(8) in relation to granting permission for proposed development;
"competent authority" shall be construed in accordance with section 177S;
"consent for proposed development" shall be construed in accordance with section 177U(8);
"European site" means—
(a) a candidate site of Community importance,
(b) a site of Community importance,
F888[(ba) a candidate special area of conservation,]
(c) a special area of conservation,
(d) a candidate special protection area,
(e) a special protection area;
F888["foreshore" has the same meaning as it has in section 224;]
"Land use plan" means—
F890[(a) regional spatial and economic strategy,]
(b) a planning scheme in respect of all or any part of a strategic development zone,
F891[(ba) an amendment of a planning scheme in respect of all or any part of a strategic development zone,]
(c) a development plan,
(d) a variation of a development plan, or
(e) a local area plan;
"Natura 2000 network" has the meaning assigned to it by Article 3, paragraph 1 of the Habitats Directive;
"Natura impact report" shall be construed in accordance with section 177T;
"Natura impact statement" shall be construed in accordance with section 177T;
F892["proposed development" means—
(a) a proposal to carry out—
(i) development to which Part III applies,
(ii) development that may be carried out under Part IX,
(iii) development that may be carried out by a local authority under Part X or XAB or development that may be carried out under Part XI,
(iv) development on the foreshore under Part XV,
(v) development under section 43 of the Act of 2001,
(vi) development under section 51 of the Roads Act 1993, or
(vii) development to which Chapter II or III of Part XXI applies,
(b) notwithstanding that the development has been carried out, development in relation to which an application for substitute consent is required under Part XA, or
(c) a requested alteration within the meaning of Chapter III of Part XXI;]
F888["road authority" has the same meaning as it has in section 2 (amended by section 11 of the Roads Act 2007) of the Roads Act 1993;]
"screening for appropriate assessment" shall be construed in accordance with section 177U;
"site of community importance" means a site that has been included in the list of sites of Community importance as adopted by the Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive;
"special area of conservation" means a site that has been designated by the Minister as a special area of conservation pursuant to Article 4, paragraph 4 of the Habitats Directive;
"special protection area" means an area classified by the Minister pursuant to Article 4, paragraph 1 or Article 4, paragraph 2 of the Birds Directive, as a special protection area;
F893[…]
F894[(1A) During the period beginning on the date on which section 8 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023—
(a) the definition of "Land use plan" in subsection (1) shall be construed and have effect as if the following paragraph were inserted after paragraph (e):
"(f) a proposed extension of the duration of an existing development plan;", and
(b) in this Part, a reference to "draft Land use plan" or "Land use plan" shall be construed and have effect as including a reference to a proposed extension of the duration of an existing development plan referred to in paragraph (f) of the definition of ‘Land use plan’ (inserted by section 8 of the Planning and Development (Amendment) Act 2021).]
(2) Subject to this Part, a word or expression that is used in this Part, and that is also used in the Habitats Directive or the Birds Directive has, unless the context otherwise requires, the same meaning in this Part as it has in the Habitats Directive or the Birds Directive, as the case may be.]
Annotations
Amendments:
F888
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 8(a), (b), (c) and (e).
F889
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 31, S. I. No. 474 of 2011.
F890
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 81, S.I. No. 214 of 2014.
F891
Inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 8(a), commenced on enactment.
F892
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 38, S.I. No. 488 of 2022.
F893
Deleted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 8(f).
F894
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 8(a), S.I. No. 365 of 2021.
F895
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
Modifications (not altering text):
C231
Subs. (1) construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 23, S.I. No. 270 of 2017.
Definitions (Chapter 1)
3. In this Chapter— ...
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
...
23. Subsection (1) of section 177R of the Act of 2000 has effect during the specified period as if in paragraph (a) of the definition of “proposed development” there were inserted the following after subparagraph (iii):
“(iiia) development to which Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016 relates;”.
Editorial Notes:
E393
Definition of "proposed development", para. (a)(iii) substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 8(d); definition substituted (1.10.2022) as per F-note above.
F896[Competent Authority.
177S.—(1) A competent authority, in performing the functions conferred on it by or under this Part, shall take appropriate steps to avoid in a European site the deterioration of natural habitats and the habitats of species as well as the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant in relation to the objectives of the Habitats Directive.
(2) F897[Subject to subsection (3), the competent authority] in the State for the purposes of this Part and Articles 6 and 7 of the Habitats Directive, shall be—
F898[(a) in relation to draft regional spatial and economic strategy, the regional assembly for whose area the strategy is made,]
F899[(aa) in relation to a draft National Planning Framework, the Minister.]
(b) in relation to a draft planning scheme in respect of all or any part of a strategic development zone, the planning authority (which term shall be construed in accordance with section 168(5)) in whose area the strategic development zone is situate, or, on appeal the Board, as the case may be,
F900[(ba) in relation to a proposed amendment of a planning scheme in respect of all or any part of a strategic development zone, the Board,]
(c) in relation to a draft development plan, the planning authority for whose area the development plan is made,
(d) in relation to a proposed variation of a development plan, the planning authority for whose area the variation of the development plan is made,
(e) in relation to a draft local area plan, the planning authority in whose area the local area plan concerned is situate,
(f) in relation to a proposed development (other than development referred to in paragraph (g) or (h)), the planning authority to whom an application for permission is made or F901[…] the Board, as the case may be,
(g) in relation to proposed development that is strategic infrastructure development, the Board, or
F897[(h) in relation to proposed development that may be carried out by a local authority under Part X or XAB or proposed development that may be carried out under Part XI, the Board.]]
F902[(2A) During the period beginning on the date on which section 8 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023, the competent authority in the State referred to in subsection (2) shall be construed and have effect as if the following paragraph were inserted after paragraph (h):
"(i) in relation to a proposed extension of the duration of an existing development plan, the planning authority for whose area the development plan is proposed to be extended in duration.".]
F903[(3) The competent authority in the State for the purposes of this Part and Articles 6 and 7 of the Habitats Directive, shall, in relation to proposed development to which Chapter III of Part XXI applies, be the Board.]
Annotations
Amendments:
F896
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F897
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 39, S.I. No. 488 of 2022.
F898
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 83, S.I. No. 214 of 2014.
F899
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 35, S.I. No. 436 of 2018.
F900
Inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 8(b), commenced on enactment.
F901
Deleted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 9(a).
F902
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 8(b), S.I. No. 365 of 2021.
F903
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 39, S.I. No. 488 of 2022.
Editorial Notes:
E394
Previous affecting provision: subs. (2)(h) substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 9(b); substituted (1.10.2022) as per F-note above.
F904[Natura impact report and Natura impact statement.
177T.—(1) In this Part—
(a) A Natura impact report means a statement for the purposes of Article 6 of the Habitats Directive, of the implications of a Land use plan, on its own or in combination with other plans or projects, for one or more than one F905[European site], in view of the conservation objectives of the site or sites.
(b) A Natura impact statement means a statement, for the purposes of Article 6 of the Habitats Directive, of the implications of a proposed development, on its own or in combination with other plans or projects, for one or more than one F905[European site], in view of the conservation objectives of the site or sites.
(2) Without prejudice to the generality of subsection (1), a Natura impact report or a Natura impact statement, as the case may be, shall include a report of a scientific examination of evidence and data, carried out by competent persons to identify and classify any implications for one or more than one F905[European site] in view of the conservation objectives of the site or sites.
(3) F906[As respects a draft National Planning Framework, the Government shall prepare a Natura impact report in relation to a draft Land use plan and the following bodies shall also prepare a Natura impact report in relation to a draft Land use plan]—
F907[(a) as respects a draft regional spatial and economic strategy, the regional assembly for whose area the draft strategy is made,]
F908[(aa) as respects a draft National Planning Framework, the Minister.]
(b) as respects a draft planning scheme in respect of all or any part of a strategic development zone, the planning authority (which term shall be construed in accordance with section 168(5)) for whose area the draft scheme is made,
(c) as respects a draft development plan or draft variation of a development plan, the planning authority for whose area the draft plan or draft variation is made, and
(d) as respects a draft local area plan, the planning authority in whose area the local area concerned is situate.
(4) The applicant for consent for proposed development may, or if directed in accordance with subsection (5) by a competent authority, shall furnish a Natura impact statement to the competent authority in relation to the proposed development.
(5) At any time following an application for consent for proposed development a competent authority may give a notice in writing to the applicant concerned, directing him or her to furnish a Natura impact statement F909[…].
F905[(6) Where an applicant for consent for proposed development who, having been directed in accordance with subsection (5), fails to furnish a Natura impact statement within the period specified in the notice, or any further period as may be specified by the competent authority, the application for consent for the proposed development shall be deemed to be withdrawn.]
(7) (a) Without prejudice to subsection (1) a Natura impact report or a Natura impact statement shall include all information prescribed by regulations under section 177AD.
(b) Where appropriate, a Natura impact report or a Natura impact statement shall include such other information or data as the competent authority considers necessary to enable it to ascertain if the draft Land use plan or proposed development will not affect the integrity of the site.
(c) F909[…]]
Annotations
Amendments:
F904
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F905
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 10(a), (b), (d).
F906
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. no. 11, S.I. No. 436 of 2018.
F907
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 84, S.I. No. 214 of 2014.
F908
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 36, S.I. No. 436 of 2018.
F909
Deleted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 10(c) and (e).
F910[Screening for appropriate assessment.
177U.—(1) A screening for appropriate F911[assessment of a draft Land use plan or application for consent for proposed development] shall be carried out by the competent authority to assess, in view of best scientific knowledge, if that Land use plan or proposed development, individually or in combination with another plan or project is likely to have a significant effect on the European site.
(2) A competent authority shall carry out a screening for appropriate assessment under subsection (1) before—
(a) a Land use plan is made including, where appropriate, before a decision on appeal in relation to a draft strategic development zone is made, or
(b) consent for a proposed development is given.
(3) In carrying out screening for appropriate assessment of a proposed development a F911[competent authority] may request such information from the applicant as it may consider necessary to enable it to carry out that screening, and may consult with such persons as it considers appropriate F912[and where the applicant does not provide the information within the period specified, or any further period as may be specified by the authority, the application for consent for the proposed development shall be deemed to be withdrawn].
(4) The competent authority shall determine that an appropriate assessment of a draft Land use plan or a proposed development, as the case may be, is required if it cannot be excluded, on the basis of objective information, that the draft Land use plan or proposed development, individually or in combination with other plans or projects, will have a significant effect on a European site.
(5) The competent authority shall determine that an appropriate assessment of a draft Land use plan or a proposed development, as the case may be, is not required if it can be excluded, on the basis of objective information, that the draft Land use plan or proposed development, individually or in combination with other plans or projects, will have a significant effect on a European site.
(6) (a) Where, in relation to a proposed development, a competent authority makes a determination that an appropriate assessment is required, the competent authority shall give notice of the determination, including reasons for the determination of the competent authority, to the following—
(i) the applicant,
(ii) if appropriate, any person who made submissions or observations in relation to the application to the competent authority, or
(iii) if appropriate, any party to an appeal or referral.
(b) Where a competent authority has determined that an appropriate assessment is required in respect of a proposed development it may direct in the notice issued under paragraph (a) that a Natura impact statement is required.
F912[(c) Paragraph (a) shall not apply in a case where the application for consent for the proposed development was accompanied by a Natura impact statement.]
F911[(7) A competent authority shall, as soon as may be after making the Land use plan or making a decision in relation to the application for consent for proposed development, make available for inspection by members of the public during office hours at the officesof the authority, and may also publish on the internet—
(a) any determination that it makes in relation to a draft Land use plan under subsection (4) or (5) as the case may be, and reasons for that determination, and
(b) any notice that it issues under subsection (6) in relation to a proposed development.]
F911[(8) In this section "consent for proposed development" means, as appropriate—
(a) a grant of permission,
(b) a decision of the Board to grant permission on a planning application or an appeal,
(c) consent for development under Part IX,
(d) approval for development that may be carried out by a local authority under Part X or Part XAB or development that may be carried out under Part XI,
(e) approval for development on the foreshore under Part XV,
(f) approval for development under section 43 of the Act of 2001,
(g) approval for development under section 51 of the Roads Act 1993, F913[…]
(h) a substitute consent under F914[Part XA, or]]
F915[(i) a decision to make a requested alteration under subsection (2) of section 297.]
(9) In deciding upon F911[a declaration or a referral under section 5] of this Act a planning authority or the Board, as the case may be, shall where appropriate, conduct a screening for appropriate assessment in accordance with the provisions of this section.]
F916[(10) In deciding upon an application under section 176A or a determination review or an application referral under section 176C, a planning authority or the Board, as the case may be, shall, where appropriate, conduct a screening for appropriate assessment in accordance with the provisions of this section.]
Annotations
Amendments:
F910
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F911
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 11(a), (b)(i), (d), (e), (f).
F912
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 11(bii), (c).
F913
Deleted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 40, S.I. No. 488 of 2022.
F914
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 40, S.I. No. 488 of 2022.
F915
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 40, S.I. No. 488 of 2022.
F916
Inserted (1.01.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 27(d), S.I. No. 588 of 2018.
F917[Appropriate assessment.
177V.—(1) An appropriate assessment carried out under this Part shall include a determination by the competent authority under Article 6.3 of the Habitats Directive as to whether or not a draft Land use plan or proposed development would adversely affect the integrity of a European site and F918[an appropriate assessment shall be carried out by the competent authority, in each case where it has made a determination under section 177U(4) that an appropriate assessment is required, before—]
(a) the draft Land use plan is made including, where appropriate, before a decision on appeal in relation to a draft strategic development zone is made, or
(b) consent is given for the proposed development.
(2) In carrying out an appropriate assessment under subsection (1) the competent authority shall take into account each of the following matters:
(a) the Natura impact report or Natura impact statement, as appropriate;
(b) any supplemental information furnished in relation to any such report or statement;
(c) if appropriate, any additional information sought by the authority and furnished by the applicant in relation to a Natura impact statement;
(d) any additional information furnished to the competent authority at its request in relation to a Natura impact report;
(e) any information or advice obtained by the competent authority;
(f) if appropriate, any written submissions or observations made to the competent authority in relation to the application for consent for proposed development;
(g) any other relevant information.
(3) Notwithstanding any other provision of this Act, or, as appropriate, the Act of 2001, or the Roads Acts 1993 to 2007 F919[and save as otherwise provided for in sections 177X, 177Y, 177AB and 177AC], a competent authority shall make a Land use plan or give consent for proposed development only after having determined that the Land use plan or proposed development shall not adversely affect the integrity of a European site.
(4) Subject to the other provisions of this Act, consent for proposed development may be given in relation to a proposed development where a competent authority has made modifications or attached conditions to the consent where the authority is satisfied to do so having determined that the proposed development would not adversely affect the integrity of the European site if it is carried out in accordance with the consent and the modifications or conditions attaching thereto.
F918[(5) A competent authority shall give notice of its determination under subsection (1) in relation to a proposed development to the applicant for consent to the proposed development, giving reasons for the determination.
(6) A competent authority shall, as soon as may be after making the Land use plan or making a decision in relation to the application for consent for proposed development, make available for inspection by members of the public during office hours at the offices of the authority, and may also publish on the internet—
(a) any determination that it makes under subsection (1) as respects a Land use plan and reasons for that determination, and
(b) any notice given by the authority under subsection (5).]]
Annotations
Amendments:
F917
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F918
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 12(a) and (c).
F919
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 12(b).
F920[Draft Land use plans and imperative reasons of overriding public interest.
177W.—(1) Where, notwithstanding a determination by a competent authority that a draft Land use plan or part thereof will adversely affect F921[the integrity of] a European site, and in the absence of alternative solutions, a competent authority considers that a land use plan should nevertheless be made for imperative reasons of overriding public interest, the authority shall—
(a) F922[set out the] imperative reasons of overriding public interest that necessitate the making of the Land use plan,
(b) propose the compensatory measures that are necessary to ensure that the overall coherence of the Natura 2000 network is protected,
(c) prepare a statement of case that imperative reasons of overriding public interest exist and of the compensatory measures that are required, and
(d) forward the said statement of case together with the draft Land use plan and Natura impact report to the Minister.
(2) A statement of case referred to in subsection (1)(c) shall specify—
(a) the considerations that led to the assessment by the competent authority that the draft Land use plan would adversely affect the integrity of a European site,
(b) the reasons for the forming of the view by the competent authority that there are no alternative solutions (including the option of not proceeding with the draft Land use plan or part thereof),
(c) the reasons for the forming of the view by the competent authority that imperative reasons of overriding public interest apply to the draft Land use plan, and
(d) the compensatory measures that are being proposed as necessary to ensure the overall coherence of F922[the Natura 2000 network], including if appropriate, the provision of compensatory habitat.
(3) In relation to a European site that does not host a priority natural habitat type or priority species, the imperative reasons of overriding public interest may include those of a social or economic nature.
(4) In relation to a European site that hosts a priority natural habitat type or priority species, the only imperative reasons of overriding public interest that may be considered are those relating to—
(a) human health,
(b) public safety,
(c) beneficial consequences of primary importance to the environment, or
(d) subject to subsection (5), and having obtained an opinion from the European Commission, other imperative reasons of overriding public interest.
(5) In invoking imperative reasons of overriding public interest under subsection (4)(d) the competent authority shall advise the Minister why he or she should be satisfied to request an opinion from the European Commission.
F922[(6) A competent authority shall make a statement of case, referred to in subsection (1), available for inspection by members of the public at the offices of the authority during its public opening hours and may also publish the statement on the internet.]
(7) For the purposes of this section and section 177X or 177Y, ‘compensatory measures’ are measures proposed or considered, as the case may be, by a competent authority in the first instance, and by the Minister, as the case may be, for the purposes of ensuring that the overall coherence of F922[the Natura 2000 network] is protected and may include the provision of compensatory habitats.]
Annotations
Amendments:
F920
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F921
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 13(a)(i).
F922
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 13(a)(ii), (b), (c) and (d).
F923[European site that does not host priority habitat or species and draft Land use plan.
F924[177X.—(1) Where the Minister receives a statement of case under section 177W(1) relating to a European site that does not host a priority habitat type or priority species, he or she shall as soon as possible—
(a) consider whether imperative reasons of overriding public interest exist,
(b) consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister, and
(c) consider any views of a Minister of the Government consulted pursuant to paragraph (b) and which are received by the Minister before he or she issues a notice under subsection (5) or (6).
(2) (a) Where the Minister considers that imperative reasons of overriding public interest may exist, he or she shall as soon as possible F925[consider whether] the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.
(b) F925[In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected], the Minister may enter into consultations with the competent authority, who may submit a revised or modified plan or revised or modified compensatory measures.
(c) The Minister may enter into F926[…] further consultations with the competent authority in relation to the draft Land use plan, or revised or modified draft Land use plan or the compensatory measures or revised or modified compensatory measures.
F927[(3) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—
(a) after consultations (if any) under paragraphs (b) and (c) of subsection (2), and
(b) after having considered revised or modified compensatory measures (if any) submitted under subsection (2)(b),
form an opinion as to whether the compensatory measures, or revised or modified compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.]
F927[(4) The Minister, when forming his or her opinion under subsection (3), may also give further consideration to whether imperative reasons of overriding public interest exist and shall form an opinion as to whether such reasons exist before he or she issues a notice under subsection (5) or (6).]
(5) F927[Where the Minister forms the opinion that imperative reasons of overriding public interest exist and that] the compensatory measures, or revised or modified compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister shall as soon as possible issue a notice to this effect to the competent authority and the competent authority may decide to make—
(a) the Land use plan, or
(b) that part of the Land use plan that would have an adverse effect on the integrity of a European site.
(6) F927[Where the Minister forms the opinion that imperative reasons of overriding public interest do not exist or that] the compensatory measures or revised or modified compensatory measures, as the case may be, are not sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister shall as soon as possible issue a notice to this effect to the competent authority and the competent authority shall not make—
(a) the Land use plan, or
(b) that part of the Land use plan that would have an adverse effect on the integrity of a European site.
(7) Where the Minister issues a notice under subsection (5) he or she shall inform the Commission of the matter, including the compensatory measures proposed.
(8) The competent authority shall make available for inspection by members of the public during office hours at the office of the authority, and may also publish on the internet a notice issued to the authority under subsection (5) or (6).]]
Annotations
Amendments:
F923
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F924
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 32, S. I. No. 474 of 2011.
F925
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 8(a)(i), (ii), S.I. No. 279 of 2021.
F926
Deleted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 8(a)(iii), S.I. No. 279 of 2021.
F927
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 8(b)-(e), S.I. No. 279 of 2021.
Editorial Notes:
E395
Previous affecting provision: original version of section inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011; substituted as per F-note above.
F928[European site that hosts priority habitat type or species and draft Land use plan.
F929[177Y.—(1) Where the Minister receives a statement of case under section 177W(1) relating to a European site that hosts a priority habitat type or priority species, he or she shall as soon as possible—
(a) consider whether imperative reasons of overriding public interest exist,
(b) consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister, and
(c) consider any views of a Minister of the Government consulted pursuant to paragraph (b) and which are received by the Minister before he or she issues a notice under subsection (6), (7) or (8).
(2) (a) Where the Minister considers that imperative reasons of overriding public interest may exist and may comprise or include a reason or reasons other than the reasons set out in section 177W(4)(a) to (c), the Minister shall consider whether the opinion of the Commission should be sought in relation to the matter.
(b) Where the Minister proposes not to seek the opinion of the Commission pursuant to paragraph (a) he or she shall, in addition to any consultation that may have taken place under subsection (1)(b), as soon as possible consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister and request that the other Minister furnish his or her views as soon as possible.
(c) The Minister shall consider any views received from any other Minister of the Government consulted under paragraph (b) where those views are received by the Minister before he or she decides whether to seek the opinion of the Commission under paragraph (a).
(3) (a) Where the Minister considers that imperative reasons of overriding public interest may exist, he or she shall, as soon as possible, F930[consider whether] the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.
(b) F930[In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected], the Minister may enter into consultations with the competent authority, who may submit a revised or modified plan or revised or modified compensatory measures.
(c) The Minister may enter into F931[…] further consultations with the competent authority in relation to the draft Land use plan, or revised or modified draft Land use plan or the compensatory measures or revised or modified compensatory measures.
F932[(4) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—
(a) after consultations (if any) under paragraphs (b) and (c) of subsection (3), and
(b) after having considered revised or modified compensatory measures (if any) submitted under subsection (3)(b),
form an opinion as to whether the compensatory measures, or revised or modified compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.]
F932[(5) The Minister, when forming his or her opinion under subsection (4), may also give further consideration to whether imperative reasons of overriding public interest exist and shall form an opinion as to whether such reasons exist before he or she issues a notice under subsection (6), (7) or (8).]
(6) F932[Where the Minister forms the opinion that imperative reasons of overriding public interest comprising only a reason or reasons set out in section 177W(4)(a) to (c) exist and that] the compensatory measures, or revised or modified compensatory measures as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister shall issue a notice to this effect to the competent authority and the competent authority may decide to make—
(a) the Land use plan, or
(b) that part of the Land use plan that would have an adverse effect on the integrity of a European site.
(7) Where—
(a) the Minister forms the opinion that imperative reasons of overriding public interest, comprising or including a reason or reasons other than those in section 177W(4)(a) to (c) exist, and
(b) the Minister has obtained the opinion of the Commission in relation to the matter, and
(c) F932[the Minister forms the opinion that] the compensatory measures, or revised or modified compensatory measures as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected,
the Minister shall issue a notice to this effect to the competent authority, accompanied by a copy of the opinion of the Commission, and the competent authority, only after having considered the opinion of the Commission, may decide to make—
(i) the Land use plan, or
(ii) that part of the Land use plan that would have an adverse effect on the integrity of a European site.
(8) Where—
(a) the Minister forms the opinion that imperative reasons of overriding public interest do not exist, or
(b) the Minister forms the opinion that the imperative reasons of overriding public interest comprise or include a reason or reasons other than those in section 177W(4)(a) to (c) and the Minister has decided not seek the opinion of the Commission in relation to the matter, or
(c) F932[the Minister forms the opinion that] the compensatory measures, or revised or modified compensatory measures as the case may be, are not sufficient to ensure that the overall coherence of the Natura 2000 network is protected,
the Minister shall issue a notice to this effect to the competent authority and the competent authority shall not make—
(i) the Land use plan, or
(ii) that part of the Land use plan that would have an adverse effect on the integrity of a European site.
(9) Where the Minister issues a notice under subsection (6) or (7) he or she shall inform the Commission of the matter, including the compensatory measures proposed.
(10) The competent authority shall make available for inspection by members of the public during office hours at the office of the authority, and may also publish on the internet a notice issued to the authority under subsection (6), (7) or (8).]]
Annotations
Amendments:
F928
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F929
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 33, S. I. No. 474 of 2011.
F930
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 9(a)(i), (ii), S.I. No. 279 of 2021.
F931
Deleted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 9(a)(iii), S.I. No. 279 of 2021.
F932
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 9(b)-(f), S.I. No. 279 of 2021.
Editorial Notes:
E396
Previous affecting provision: original version of section inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011; substituted as per F-note above.
F933[Making of Land use plans or part thereof.
177Z.—F934[(1) Where a competent authority has received a notice from the Minister under section 177X(6) or section 177Y(8) in relation to a draft Land use plan, and the authority is satisfied that the draft plan can be amended so that it no longer contains the parts or elements which were the subject of a determination under section 177V that the plan would adversely affect a European site, then the authority may make the plan having omitted those parts or elements therefrom.]
(2) Subject to the provisions of this Act, where a proposed part of a draft Land use plan is amended or omitted from the plan, its amendment or omission shall not affect the validity of the remainder of the Land use plan where it is made with the part thereof so amended under this section or without the part thereof so omitted under this section.
(3) Notwithstanding that a statement of case referred to in section 177W(1) regarding any part of a draft Land use plan has been submitted to the Minister under that section, the competent authority may proceed to make the plan other than the part thereof so submitted.
(4) Notwithstanding the requirements of this Act, any delay incurred in the making of a draft Land use plan or part thereof arising from compliance with this Part shall not invalidate the plan or part thereof.]
Annotations
Amendments:
F933
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F934
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 34, S. I. No. 474 of 2011.
F935[Proposed development and imperative reasons of overriding public interest.
177AA.—(1) Where, notwithstanding a determination by a competent authority that a proposed development will adversely affect F936[the integrity of] a European site, and in the absence of alternative solutions, a competent authority considers that consent should nevertheless be given for the proposed development for imperative reasons of overriding public interest, the authority shall—
(a) F937[set out the] imperative reasons of overriding public interest that necessitate the giving of consent for the proposed development,
(b) propose the compensatory measures that are necessary to ensure that the overall coherence of the Natura 2000 network is protected,
(c) prepare a statement of case that imperative reasons of overriding public interest exist and of the compensatory measures that are required,
(d) forward the said statement to the Minister together with a copy of the planning application and Natura impact statement.
(2) A statement of case referred to in subsection (1)(d) shall specify—
(a) the considerations that led to the assessment by the competent authority that the proposed development would adversely affect the integrity of a European site,
(b) the reasons for the forming of the view by the competent authority that there are no alternative solutions (including the option of not giving consent for the proposed development),
(c) the reasons for the forming of the view by the competent authority that imperative reasons of overriding public interest apply to the proposed development,
(d) compensatory measures that are being proposed as necessary to ensure the overall coherence of Natura 2000 including, if appropriate, the provision of compensatory habitat and the conditions to which any consent for proposed development shall be subject requiring that the compensatory measures are carried out.
(3) In relation to a European site that does not host a priority natural habitat type or priority species, the imperative reasons of overriding public interest may include those of a social or economic nature.
(4) In relation to a European site that hosts a priority natural habitat type or priority species, the only imperative reasons of overriding public interest that may be considered are those relating to—
(a) human health,
(b) public safety,
(c) beneficial consequences of primary importance to the environment, or
(d) subject to subsection (7), having obtained an opinion from the European Commission other imperative reasons of overriding public interest.
(5) A competent authority shall furnish a copy of the statement of case referred to in subsection (1) to an applicant for consent for proposed development.
F937[(6) A competent authority shall make a statement of case, referred to in subsection (1), available for inspection by members of the public at the offices of the authority during its public opening hours and may also publish the statement on the internet.]
(7) In invoking imperative reasons of overriding public interest under subsection (4)(d) the competent authority shall advise the Minister why he or she should be satisfied to request an opinion from the European Commission.
(8) In this section and in sections 177AB and 177AC ‘compensatory measures’ are measures proposed in the first instance by the applicant and then by a competent authority or the Minister, as the case may be, for the purposes of ensuring that the overall coherence of Natura 2000 is protected and such measures may include the provision of compensatory habitat.
(9) For the purposes of this section and sections 177AB and 177AC a competent authority may attach a condition to a grant of consent for proposed development relating to compensatory measures that the authority or the Minister may require which may include a condition requiring the making of contributions to finance the provision of compensatory measures and any such condition shall have effect as if it was attached to the grant of consent for proposed development, pursuant to the relevant provisions of this Act, that apply to such a grant of consent.]
Annotations
Amendments:
F935
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F936
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 14(a)(i).
F937
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 14(a)(ii) and (b).
F938[European site that does not host priority habitat type or species.
F939[177AB.—(1) (a) Where the Minister receives a statement of case under section 177AA(1) relating to a European site that does not host a priority habitat type or priority species, he or she shall as soon as possible F940[consider whether] the compensatory measures are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.
(b) F940[In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected], the Minister may enter into consultations with the competent authority, who having consulted with the applicant for consent for the proposed development, may submit to the Minister a modified proposal for the development, modified proposed conditions to be attached to the proposed development or modified or alternative proposed compensatory measures.
(c) The Minister may enter into F941[…] further consultations with the competent authority in relation to the proposal for the development or any modified proposal for the development, the proposed conditions or any modified proposed conditions to be attached to the proposed development and the F940[compensatory measures or any modified or alternative proposed compensatory measures].
F942[(2) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—
(a) after consultations (if any) under paragraphs (b) and (c) of subsection (1), and
(b) after having considered modified or alternative proposed compensatory measures (if any) submitted under subsection (1)(b),
form an opinion as to whether the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.]
(3) F942[Where the Minister forms the opinion that the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be], are sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister F942[as soon as possible after forming the opinion], shall issue a notice to this effect to the competent authority and the competent authority may decide to grant consent for the proposed development with or without conditions.
(4) F942[Where the Minister forms the opinion that the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be], are not sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister F942[as soon as possible after forming the opinion] shall issue a notice to this effect to the competent authority and the competent authority shall not grant consent for the proposed development.
(5) Where the Minister issues a notice under subsection (3) he or she shall inform the Commission of the matter, including the compensatory measures proposed.
(6) The competent authority shall make available for inspection by members of the public during office hours at the office of the authority, and may also publish on the internet a notice issued to the authority under subsection (3) or (4).]]
Annotations
Amendments:
F938
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F939
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 35, S. I. No. 474 of 2011.
F940
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 10(a)(i), (ii), (iii)(II), S.I. No. 279 of 2021.
F941
Deleted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 10(a)(iii)((I), S.I. No. 279 of 2021.
F942
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 10(b)-(d), S.I. No. 279 of 2021.
Editorial Notes:
E397
Previous affecting provision: original version of section inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011; substituted as per F-note above.
F943[European site that hosts priority habitat type or species.
F944[177AC.—(1) (a) Where the Minister receives a statement of case under section 177AA(1) relating to a European site that hosts a priority habitat type or priority species he or she shall as soon as possible F945[consider whether] the compensatory measures are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.
(b) F945[In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected], the Minister may enter into consultations with the competent authority, who having consulted with the applicant for consent for the proposed development, may submit to the Minister a modified proposal for the development, modified proposed conditions to be attached to the proposed development, or modified or alternative proposed compensatory measures.
(c) The Minister may enter into F946[…] further consultations with the competent authority in relation to the proposal for the development or any modified proposal for the development, the proposed conditions or any modified proposed conditions to be attached to the proposed development and the compensatory measures or any modified or alternative proposed compensatory measures.
(2) (a) Where the Minister considers that the imperative reasons of overriding public interest comprise or include a reason or reasons other than the reasons set out in section 177AA(4)(a) to (c), the Minister shall consider whether the opinion of the Commission should be sought in relation to the matter.
(b) Where the Minister proposes not to seek the opinion of the Commission he or she shall as soon as possible consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister and request that other Minister to furnish his or her views as soon as possible.
(c) The Minister shall consider any views received from any other Minister of the Government consulted under paragraph (b) where those views are received by the Minister before he or she decides whether to seek the opinion of the Commission under paragraph (a).
F947[(3) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—
(a) after consultations (if any) under paragraphs (b) and (c) of subsection (1), and
(b) after having considered modified or alternative proposed compensatory measures (if any) submitted under subsection (1)(b),
form an opinion as to whether the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.]
(4) Where the Minister forms the opinion that the imperative reasons of overriding public interest comprise only a reason or reasons set out in section 177AA(4)(a) to (c) F947[and that the compensatory measures, or the modified or alternative proposed compensatory measures, as the case may be], are sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister shall issue a notice to this effect to the competent authority and the competent authority may decide to grant consent for the proposed development, with or without conditions.
(5) Where—
(a) the Minister forms the opinion that the imperative reasons of overriding public interest comprise or include a reason or reasons other than those in section 177AA(4)(a) to (c), and
(b) the Minister has obtained the opinion of the Commission in relation to the matter, and
(c) F947[the Minister forms the opinion that the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be], are sufficient to ensure that the overall coherence of the Natura 2000 network is protected,
the Minister shall issue a notice to this effect to the competent authority, accompanied by a copy of the opinion of the Commission, and the competent authority, only after having considered the opinion of the Commission may decide to grant consent for the proposed development, with or without conditions.
(6) Where—
(a) the Minister forms the opinion that the imperative reasons of overriding public interest comprise or include a reason or reasons other than those in section 177AA(4)(a) to (c) and the Minister has decided not to seek the opinion of the Commission in relation to the matter, or
(b) F947[the Minister forms the opinion that] the compensatory measures or modified or alternative proposed compensatory measures, as the case may be, are not sufficient to ensure the overall coherence of the Natura 2000 network is protected,
the Minister shall issue a notice to this effect to the competent authority and the competent authority shall not grant consent for the proposed development.
(7) Where the Minister issues a notice under subsection (4) or (5) he or she shall inform the Commission of the matter, including the compensatory measures proposed.
(8) The competent authority shall make available for inspection by members of the public during office hours at the offices of the authority and may also publish on the internet a notice issued to the authority under F947[subsection (4), (5) or (6)].]]
Annotations
Amendments:
F943
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F944
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 36, S. I. No. 474 of 2011.
F945
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 11(a)(i), (ii), S.I. No. 279 of 2021.
F946
Deleted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 11(a)(iii), S.I. No. 279 of 2021.
F947
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 11(b)-(f), S.I. No. 279 of 2021.
Editorial Notes:
E398
Previous affecting provision: original version of section inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011; substituted as per F-note above.
F948[Regulations.
177AD.—(1) The Minister may by regulations make provision for such matters of procedure and administration as appear to the Minister to be necessary or expedient for any matter referred to in this Part as prescribed or to be prescribed.
(2) Without prejudice to the generality of the forgoing, the Minister may make regulations, for the purpose of this Part, to give effect to a provision of the Treaty on the European Union, or a legislative act adopted by an institution of the European Union, including the Habitats and Birds Directives.
(3) Without prejudice to the generality of subsection (1) or (2), regulations under this section may—
(a) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations,
(b) contain provisions repealing, amending or applying, with or without modification, other law, exclusive of the European Communities Act 1972 and the European Communities Act 2007,
(c) make provision for—
(i) compensatory measures including relating to provision of compensatory habitat, conditions that may be attached to a consent for proposed development, financial contributions, or bonds required in relation to compensatory measures, implementation, management, and supervision of implementation of compensatory measures,
(ii) conditions for the purposes of this Part that may be attached to a consent for proposed development, including in relation to protection of species or habitats of species,
(iii) consultation between an applicant for consent for proposed development and a competent authority for any purpose under this Part,
(iv) consultation between a competent authority and the Minister for any purpose required under this Part,
(v) in relation to proposed development or classes of development, in addition to matters provided by or under this Act in relation to an application for consent for proposed development, the submission of a Natura impact statement with an application for consent,
(vi) information or classes of information to be contained in a Natura impact statement or a Natura impact report,
(vii) qualifications of persons or classes of persons who shall furnish information referred to in subparagraph (vi),
(viii) information or classes of information to be contained in notices published under this Part,
(ix) persons or classes of persons to be notified that an appropriate assessment or a screening appropriate assessment is to be carried out,
(x) persons or classes of persons to be notified of the outcome of an appropriate assessment or a screening for appropriate assessment,
(xi) records, or classes of records to be retained and the periods for which they should be retained by a competent authority in relation to appropriate assessment of Land use plans.]
Annotations
Amendments:
F948
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
Editorial Notes:
E399
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011.
F949[Appropriate Assessment of certain development carried out by or on behalf of local authorities.
177AE.—(1) Where an appropriate assessment is required in respect of development—
(a) by a local authority that is a planning authority, whether in its capacity as a planning authority or in any other capacity, or
(b) by some other person on behalf of, or jointly or in partnership with, such a local authority, pursuant to a contract entered into by that local authority whether in its capacity as a planning authority or in any other capacity,
F950[within the functional area of the local authority concerned F951[…], (hereinafter in this section referred to as “proposed development”)], the local authority shall prepare, or cause to be prepared, a Natura impact statement in respect thereof.
(2) Proposed development in respect of which an appropriate assessment is required shall not be carried out unless the Board has approved it with or without modifications.
(3) Where a Natura impact statement has been prepared pursuant to subsection (1), the local authority shall apply to the Board for approval and the provisions of Part XAB shall apply to the carrying out of the appropriate assessment.
F952[(3A) A local authority shall not be eligible to make an application under subsection (3) in relation to proposed development in the maritime area, unless it—
(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) is the owner of land on which it is proposed to carry out the development concerned, or
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.
(3B) The Board shall neither consider an application for permission under subsection (3) in relation to proposed development in the maritime area nor grant approval for such development under subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (8), unless the applicant for such approval—
(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) is the owner of land on which it is proposed to carry out the development concerned, or
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]
(4) Before a local authority makes an application for approval under subsection (3), it shall—
(a) publish in one or more newspapers circulating in the area in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development, and—
(i) stating that—
(I) it proposes to seek the approval of the Board for the proposed development,
(II) a Natura impact statement has been prepared in respect of the proposed development,
(III) the Board may give approval to the application for development with or without conditions or may refuse the application for development,
(ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the Natura impact statement may be inspected free of charge or purchased, and
(iii) inviting the making, during such period, of submissions and observations to the Board relating to—
(I) the implications of the proposed development for proper planning and sustainable development in the area concerned,
(II) the likely effects on the environment of the proposed development, and
(III) the likely significant effects of the proposed development on a European site,
if carried out,
and
(b) send a copy of the application and the Natura impact statement to the prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—
(i) the likely effects on the environment of the proposed development,
(ii) the implications of the proposed development for proper planning and sustainable development in the area concerned, and
(iii) the likely significant effects of the proposed development on a European site,
if carried out.
(5) (a) The Board may—
(i) if it considers it necessary to do so, require a local authority that has applied for approval for a proposed development to furnish to the Board such further information in relation to—
(I) the effects on the environment of the proposed development, or
(II) the consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, or
(III) the likely significant effects of the proposed development on a European site,
as the Board may specify, or
(ii) if it is provisionally of the view that it would be appropriate to approve the proposed development with certain alterations (specified in the notification referred to in this subparagraph) to be made to the terms of it, notify the local authority that it is of that view and invite the authority to make to the terms of the proposed development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a revised Natura impact statement in respect of it.
(b) If a local authority makes the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section.
(c) The Board shall—
(i) where it considers that any further information received pursuant to a requirement made under paragraph (a)(i) contains significant additional data relating to—
(I) the likely effects on the environment of the proposed development,
(II) the likely consequences for the proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, and
(III) the likely significant effects of the proposed development on a European site,
or
(ii) where the local authority has made the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a)(ii),
require the local authority to do the things referred to in paragraph (d).
(d) The things which a local authority shall be required to do as aforesaid are—
(i) to publish in one or more newspapers circulating in the area in which the proposed development would be situate a notice stating that, as appropriate—
(I) further information in relation to the proposed development has been furnished to the Board, or
(II) the local authority has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a revised Natura impact statement in respect of the development has been furnished to the Board,
indicating the times at which, the period (which shall not be less than 3 weeks) during which and the place, or places, where a copy of the information or the Natura impact statement referred to in clause (I) or (II) may be inspected free of charge or purchased and that submissions or observations in relation to that information or statement may be made to the Board before the expiration of the indicated period, and
(ii) to send to each prescribed authority to which notice was given pursuant to subsection (4)(b)—
(I) a notice of the furnishing to the Board of, as appropriate, the further information referred to in subparagraph (i)(I) or the information or statement referred to in subparagraph (i)(II), and
(II) a copy of that further information, information or statement,
and to indicate to the authority that submissions or observations in relation to that further information, information or statement may be made to the Board before the expiration of a period (which shall not be less than 3 weeks) beginning on the day on which the notice is sent to the prescribed authority by the local authority.
(6) Before making a decision in respect of a proposed development under this section, the Board shall consider—
(a) the Natura impact statement submitted pursuant to subsection (1) or (5)(a)(ii), any submission or observations made in accordance with subsection (4) or (5) and any other information furnished in accordance with subsection (5) relating to—
(i) the likely effects on the environment of the proposed development,
(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, and
(iii) the likely significant effects of the proposed development upon a European site,
(b) the report and any recommendations of the person conducting a hearing referred to in subsection (7) where evidence is heard at such a hearing relating to—
(i) the likely effects on the environment of the proposed development,
(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, and
(iii) the likely significant effects of the proposed development upon a European site.
(7) The person conducting an oral hearing in relation to the compulsory purchase of land which relates wholly or partly to a proposed development under this section in respect of which a local authority has applied for approval shall be entitled to hear evidence relating to—
(a) the likely effects on the environment of the proposed development,
(b) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, and
(c) the likely significant effects of the proposed development upon a European site.
(8) (a) The Board may, in respect of an application for approval under this section of proposed development—
(i) approve the proposed development,
(ii) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,
(iii) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or
(iv) refuse to approve the proposed development, and may attach to an approval under subparagraph (i), (ii) or (iii) such conditions as it considers appropriate.
(b) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under paragraph (a)(i), (ii) or (iii) a condition requiring—
(i) the construction or the financing, in whole or in part, of the construction of a facility, or
(ii) the provision or the financing, in whole or in part, of the provision of a service,
in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.
(c) A condition attached pursuant to paragraph (b) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval operates of the benefits likely to accrue from the grant of the approval.
(9) (a) The Board shall direct the payment of such sum as it considers reasonable by the local authority concerned to the Board towards the costs and expenses incurred by the Board in determining an application under this section for approval of a proposed development, including—
(i) the costs of holding any oral hearing in relation to the application,
(ii) the fees of any consultants or advisers engaged in the matter, and
(iii) an amount equal to such portion of the remuneration and any allowances for expenses paid to the members and employees of the Board as the Board determines to be attributable to the performance of duties by the members and employees in relation to the application, and the local authority shall pay the sum.
(b) If a local authority fails to pay a sum directed to be paid under paragraph (a), the Board may recover the sum from the authority as a simple contract debt in any court of competent jurisdiction.
(10) (a) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of—
(i) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or
(ii) controlling emissions related to or following the cessation of the operation of the activity.
F953[(aa) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.]
(b) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which F954[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may, in respect of any proposed development comprising or for the purposes of the activity, decide to refuse the proposed development, where the Board considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development is or will be situate or is unacceptable on habitats grounds having regard to the provisions of Part XAB.
(c) (i) Before making a decision in respect of proposed development comprising or for the purposes of an activity, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development.
(ii) When making its decision the Board shall have regard to the observations, if any, received from the Agency within the period specified under subparagraph (i).
(d) The Board may, at any time after the expiration of the period specified by the Board under paragraph (c)(i) for making observations, make its decision on the application.
(e) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under the Environmental Protection Agency Act 1992.
(11) (a) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for approval under this section.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for—
(i) enabling a local authority to request the Board to give a written opinion on the information to be contained in a Natura impact statement,
(ii) matters of procedure relating to the making of observations by the Environmental Protection Agency under this section and matters connected therewith, and
(iii) requiring the Board to give information in respect of its decision regarding the proposed development for which approval is sought.
(12) In considering under subsection (6) information furnished relating to the likely consequences for proper planning and sustainable development of a proposed development in the area in which it is proposed to situate such development, the Board shall have regard to—
(a) the provisions of the development plan for the area,
(b) the provisions of any special amenity area order relating to the area,
(c) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,
(d) where relevant, the policies of the Government, the Minister or any other Minister of the Government, and
(e) the provisions of this Act and regulations under this Act where relevant.
(13) A person who contravenes a condition imposed by the Board under this section shall be guilty of an offence.
F950[(14) This section shall apply to proposed road development, other than proposed road development within the meaning of section 2(1) of the Roads Act 1993, by or on behalf of a road authority.
(15) Where a proposed development to which this section applies is also required to be submitted to the Board under section 175, it shall be sufficient for the applicant to make one application to the Board provided that the applicant complies with this section and section 175 and in such a case the Board shall issue one decision in relation to the application under this section and section 175.
(16) Where a proposed development to which this section applies is also required to be submitted to the Board under section 226, it shall be sufficient for the applicant to make one application to the Board provided that the applicant complies with this section and section 226 and in such a case the Board shall issue one decision in relation to the application under this section and section 226.]]
Annotations
Amendments:
F949
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F950
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 15.
F951
Deleted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 41, S.I. No. 488 of 2022.
F952
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 41, S.I. No. 488 of 2022.
F953
Inserted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(h)(i), S.I. No. 417 of 2024.
F954
Substituted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(h)(ii), S.I. No. 417 of 2024.
Modifications (not altering text):
C232
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 162(2), not commenced as of date of revision.
Continued operation of Parts X and XAB of Act of 2000 for certain purposes
162.— …
(2) Where an application for approval was made under subsection (3) of section 177AE of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under subsection (8) of the said section 177AE in relation to the application before such repeal, Part XAB of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.
C233
Prospective affecting provision: application of subs. (8) extended by Planning and Development Act 2024 (34/2024), s. 118(6), not commenced as of date of revision.
Status of permission, consent, approval granted under Act of 2000
188.— …
(6) An approval under subsection (8) of section 177AE of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.
...
C234
Developments approved under section declared exempted developments for purposes of Act and references in section to local authority construed by Dublin Transport Authority Act 2008 (15/2008), s. 44(14), (15), as inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 1(b)(iv), commenced on enactment.
Functions of Authority in relation to public transport infrastructure.
44.— ...
[(14) The carrying out by the Authority, on its behalf or at its direction of—
(a) a proposed road development (within the meaning of the Roads Act 1993) that has been approved by An Bord Pleanála under section 51 (as amended by section 9 of the Roads Act 2007) of that Act, or
(b) a proposed development that has been approved by An Bord Pleanála—
(i) under subsection (9) (inserted by section 34(c) of the Planning and Development (Strategic Infrastructure) Act 2006) of section 175 of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section, or
(ii) under subsection (8) of section 177AE (inserted by section 57 of the Planning and Development (Amendment) Act 2010) of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section,
shall be exempted developments for the purposes of the Act of 2000.
(15) For the purposes of section 175 and 177AE of the Act of 2000 where a proposed development relates to public transport infrastructure an application for approval under section 175(3) or 177AE(3) may be made by the Authority, with the concurrence of the local authority concerned, and, accordingly, references in those sections to a local authority shall be read as references to the Authority.
...]
Editorial Notes:
E400
Authorisations or approvals issued to water authorities under section deemed to be issued to Irish Water (30.10.2015) by Water Services (No. 2) Act 2013 (Other Licences, Authorisations and Permits) Order 2015 (S.I. No. 462 of 2015), in effect as per arts. 3 and 4.
E401
Previous affecting provision: subs. (1) amended (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 15; substituted (1.10.2022) as per F-note above.
PART XI
Development by Local and State Authorities, etc.
F955[Restrictions on development by certain local authorities
178.—(1) The council of a county shall not effect any development in its functional area which contravenes materially the development plan.
(2) The council of a city shall not effect any development in the city which contravenes materially the development plan.
(3) The council of a city and county shall not effect any development in the city and county which contravenes materially the development plan.]
Annotations
Amendments:
F955
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(3), S.I. No. 214 of 2014.
F956[Development in maritime area by local authority or State authority
178A.—(1) A local authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless—
(a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) it is the owner of land on which it is proposed to carry out the development concerned, or
(c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.
(2) A State authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless—
(a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) it is the owner of land on which it is proposed to carry out the development concerned, or
(c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.
(3) A coastal planning authority shall not carry out development in the maritime area that materially contravenes the National Planning Framework or any maritime spatial plan applicable to that area.]
Annotations
Amendments:
F956
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 42, S.I. No. 488 of 2022.
Local authority own development.
179.—(1) (a) The Minister may prescribe a development F957[, other than development to which section 179A applies,] or a class of development for the purposes of this section where he or she is of the opinion that by reason of the likely size, nature or effect on the surroundings of such development or class of development there should, in relation to any such development or development belonging to such class of development, be compliance with the provisions of this section and regulations under this section.
(b) Where a local authority that is a planning authority proposes to carry out development, or development belonging to a class of development prescribed under paragraph (a) (hereafter in this section referred to as “proposed development”) it shall in relation to the proposed development comply with this section and any regulations under this section.
(c) F958[…]
(d) This section shall also apply to proposed development which is carried out within the functional area of a local authority which is a planning authority, on behalf of, or in partnership with the local authority, pursuant to a contract with the local authority.
(2) The Minister shall make regulations providing for any or all of the following matters:
(a) the publication by a local authority of any specified notice with respect to proposed development;
(b) requiring local authorities to—
(i) (I) notify prescribed authorities of such proposed development or classes of proposed development as may be prescribed, or
(II) consult with them in respect thereof,
and
(ii) give to them such documents, particulars plans or other information in respect thereof as may be prescribed;
(c) the making available for inspection, by members of the public, of any specified documents, particulars, plans or other information with respect to proposed development;
(d) the making of submissions or observations to a local authority with respect to proposed development.
(3) F959[(a)(i) The chief executive of a local authority shall, where an application is not made to the Board for a screening determination referred to in article 120(3)(b) of the Planning and Development Regulations 2001, within 8 weeks after the expiration of the period during which submissions or observations with respect to the proposed development may be made, in accordance with regulations under subsection (2), prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.
(ii) The chief executive of a local authority shall, where an application is made to the Board for a screening determination referred to in article 120(3)(b) of the Planning and Development Regulations 2001, within 8 weeks after the making by the Board of a screening determination that an environmental impact assessment is not required in respect of the proposed development, prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.]
(b) A report prepared in accordance with paragraph (a) shall—
(i) describe the nature and extent of the proposed development and the principal features thereof, and shall include an appropriate plan of the development and appropriate map of the relevant area,
(ii) evaluate whether or not the proposed development would be consistent with the proper planning and sustainable development of the area to which the development relates, having regard to the provisions of the development plan and giving the reasons and the considerations for the evaluation,
F960[(iia) include the screening determination on why an environmental impact assessment is not required and specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might have otherwise been significant adverse effects on the environment of the development,]
(iii) list the persons or bodies who made submissions or observations with respect to the proposed development in accordance with the regulations under subsection (2),
(iv) summarise the issues, with respect to the proper planning and sustainable development of the area in which the proposed development would be situated, raised in any such submissions or observations, and give the response of the F961[chief executive] thereto, and
(v) recommend whether or not the proposed development should be proceeded with as proposed, or as varied or modified as recommended in the report, or should not be proceeded with, as the case may be.
F962[(c) A report prepared in accordance with paragraph (a) shall—
(i) in the case of development situated wholly within the maritime area—
(I) contain an evaluation of the consistency of the proposed development with principles of proper planning and sustainable development and the objectives of maritime spatial planning, having regard to the National Planning Framework, the National Marine Planning Framework and any maritime spatial plan applicable to the maritime site in which it is proposed that the development would be carried out, and
(II) specify the reasons and considerations for that evaluation,
and
(ii) in the case of development proposed to be situated partly on the landward side of a coastal planning authority’s functional area and partly in the maritime area—
(I) contain an evaluation referred to in subparagraph (ii) of paragraph (b) and an evaluation of the consistency of the proposed development with principles of proper planning and sustainable development and objectives of maritime spatial planning, having regard to the National Planning Framework, the National Marine Planning Framework and any maritime spatial plan applicable to the maritime site in which it is proposed that the development would be carried out, and
(II) specify the reasons and considerations for those evaluations,
in addition to the matters referred to in subparagraphs (i), (iia), (iii), (iv) and (v) of paragraph (b).]
(4) (a) The members of a local authority shall F963[, within 6 weeks of the receipt of the report of the F961[chief executive],] consider the proposed development and the report of the F961[chief executive] under subsection (3).
(b) Following the consideration of the F961[chief executive’s report] under paragraph (a), the proposed development may be carried out as recommended in the F961[chief executive’s report], unless the local authority, by resolution, decides to vary or modify the development, otherwise than as recommended in the F961[chief executive’s report], or decides not to proceed with the development.
F964[(c) For a resolution to have effect under paragraph (b) —
(i) it has to be passed not later than 6 weeks after the receipt of the F961[chief executive’s report], and
(ii) in the case of a resolution not to proceed with a proposed development, it shall state the reasons for such resolution.]
(5) F965[Sections 138, 139 and 140 of the Local Government Act, 2001,] shall not apply to development under this section.
(6) This section shall not apply to proposed development which—
F966[(a) consists of works of maintenance or repair other than works to a protected structure, or a proposed protected structure, which would materially affect the character of—
(i) the structure, or
(ii) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest,]
(b) is necessary for dealing urgently with any situation which the F961[chief executive] considers is an emergency situation calling for immediate action,
F967[(bb) consists of works, other than works involving road widening, to enhance public bus services or improve facilities for cyclists provided under section 95 (as amended by section 37 of the Road Traffic Act 1994) of the Road Traffic Act 1961 or under section 38 of the Road Traffic Act 1994,]
F968[(c) consists of works which a local authority is required to undertake—
(i) by or under any enactment,
(ii) by or under the law of the European Union, or a provision of any act adopted by an institution of the European Union, or
(iii) by order of a court,
(d) is development in respect of which an F969[environmental impact assessment report] is required under section 175 or under any other enactment, or
(e) is development in respect of which an appropriate assessment is required under section 177AE, or under any other enactment.]
Annotations
Amendments:
F957
Inserted (8.03.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 13, (S.I. No. 107 of 2023).
F958
Deleted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(h), S.I. No. 458 of 2001.
F959
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 27(a), in effect as per reg. 2(1).
F960
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 27(b), in effect as per reg. 2(1).
F961
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 66-69, S.I. No. 436 of 2018.
F962
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 43, S.I. No. 488 of 2022.
F963
Substituted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 29(b), S.I. No. 270 of 2017.
F964
Substituted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 29(c), S.I. No. 270 of 2017.
F965
Substituted (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(3) and sch. 4, S.I. No. 588 of 2001.
F966
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 58(a), S.I. No. 405 of 2010.
F967
Inserted (1.01.2011) by Public Transport Regulation Act 2009 (37/2009), s. 46(2), S.I. No. 615 of 2010.
F968
Substituted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 6.
F969
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 83, in effect as per reg. 2(1).
Modifications (not altering text):
C235
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 159(8), not commenced as of date of revision.
Confirmation by local authority
159.— …
(8) (a) Where a development is carried out in accordance with a recommendation in a report under subsection (3) of section 179 of the Act of 2000 that the development be proceeded with as proposed, it shall, on and after the repeal of that section by section 6, be treated as if it were carried out in accordance with a decision under paragraph (a) of subsection (3) of this section, whether or not the development was commenced before that repeal.
(b) A decision under subsection (4) of section 179 of the Act of 2000 to vary or modify a development shall, on and after the repeal of that section by section 6, operate as if it were a decision under paragraph (b) of subsection (3) of this section.
(c) A decision under subsection (4) of section 179 of the Act of 2000 not to proceed with a development shall, on and after the repeal of that section by section 6, operate as if it were a decision under paragraph (c) of subsection (3) of this section.
C236
Application of section restricted (7.02.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 33(11), S.I. No. 575 of 2014.
Water services strategic plan.
33.— ...
(11) In considering a proposed development under section 179 of the Act of 2000 a local authority shall not decide that the development should not be proceeded with solely on the grounds that the said development is not specifically referred to in the water services strategic plan in force if the authority considers the development will facilitate the achievement of the objectives of the water services strategic plan.
...
C237
Application of section restricted and matters to be considered provided (27.09.2007) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), reg. 41(1) and 43.
Limitation of Act of 2000
41. (1) Subject to Regulation 42(2), and notwithstanding sections 34, 37, 37E, 175 and 226 of the Act of 2000, or any other provision of that Act, where, under these Regulations, an authorisation has been granted in respect of a waste water discharge from a waste water works—
(a) a planning authority, or An Bord 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.
...
C238
Provision for consideration of waste management under Part made by Waste Management Act 1996 (10/1996), s. 22(10D) as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(d), S.I. No. 393 of 2004.
Waste management plans.
22.— ...
(10D) (a) In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000, planning authorities and An Bord Pleanála shall ensure that such measures as are reasonably necessary are taken to secure appropriate provision for the management of waste (and, in particular, recyclable materials) within developments, including the provision of facilities for the storage, separation and collection of such waste (and, in particular, such materials) and the preparation by the appropriate persons of suitable plans for the operation of such facilities.
(b) The Minister may issue guidelines as to the steps that may be taken to comply with this subsection.
Editorial Notes:
E402
Power pursuant to subs. (2) exercised (3.07.2017) by Planning and Development (Strategic Housing Development) Regulations 2017 (S.I. No. 271 of 2017), in effect as per reg. 2.
E403
Authorisations or approvals issued to water authorities under section deemed to be issued to Irish Water (30.10.2015) by Water Services (No. 2) Act 2013 (Other Licences, Authorisations and Permits) Order 2015 (S.I. No. 462 of 2015), in effect as per arts. 3 and 4.
E404
Deciding to vary or modify a proposed local authority own development, or deciding not to proceed with the development is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 2 item 15 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E405
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E406
Power pursuant to section exercised (11.03.2002) by Planning and Development Regulations 2002 (S.I. No. 70 of 2002).
E407
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E408
Previous affecting provision: subs. (3)(a) amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 66, not commenced; deleted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 44, in effect as per reg. 1(2).
E409
Previous affecting provision: subs. (3)(a) amended (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 29(a), S.I. No. 270 of 2017, substituted as per F note above.
E410
Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b) and (21), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013, s. 4(1), S.I. No. 575 of 2013.
E411
Previous affecting provision: subs. (6)(c) substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 58(b), S.I. No. 405 of 2010; substituted as per F-note above.
F970[Local authority own housing development
179A.—(1) This section applies to housing development—
(a) that is carried out by, on behalf of, or jointly or in partnership with, a local authority pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity,
(b) that does not materially contravene the development plan or local area plan for the area,
(c) that is in accordance with the strategy included in the development plan for the area in accordance with section 94(1),
(d) that is not subject to a requirement, in accordance with the Environmental Impact Assessment Directive, for an assessment with regard to its effects on the environment,
(e) that is not subject to a requirement, in accordance with the Habitats Directive, for an appropriate assessment,
(f) that is on land—
(i) that is owned by a local authority or a State Authority,
(ii) that is zoned for residential use, and
(iii) that has access, or can be connected, to public infrastructure and facilities, including roads and footpaths, public lighting, foul sewer drainage, surface water drainage and water supply, necessary for dwellings to be developed and with sufficient service capacity available for such development,
and
(g) that is commenced on or before 31 December 2024.
(2) Prior to the commencement of development to which this section applies, the chief executive of the local authority shall inform the members of the local authority in relation to the development and shall provide documents, particulars or plans relevant to the development to the members.
(3) The Minister may make regulations providing for any or all of the following matters in respect of development to which this section applies:
(a) the giving of public notice by the local authority in respect of the development;
(b) the publication by a local authority of any specified notice in respect of the development;
(c) the making available for inspection, including by members of the public, of documents, particulars, plans or other information in relation to the development;
(d) notification by the local authority in respect of such development to such bodies as the Minister may prescribe;
(e) the entry of particulars of the development in the register;
(f) procedures for determining, through a case-by-case basis examination or by reference to prescribed thresholds or criteria, whether the development is one which should be made subject in accordance with the Environmental Impact Assessment Directive to a requirement for an assessment with regard to its effects on the environment, the information to be provided for the purposes of such a determination, the basis on which such a determination is to be made, the time for such a determination, the contents of such a determination, and the making available to the public of such a determination;
(g) procedures for determining whether the development is one which should be made subject, in accordance with the Habitats Directive, to an appropriate assessment;
(h) a requirement that local authorities provide the Minister with information regarding developments that have been notified, commenced, and completed, the type of information to be provided and the frequency with which such information is to be provided.
(4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.
(5) In this section—
"housing development" includes—
(a) the construction or erection of a house or houses,
(b) the construction of a new road or the widening or realignment of an existing road, to serve houses referred to in paragraph (a),
(c) the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water, to serve houses referred to in paragraph (a),
(d) the laying underground of sewers, mains, pipes or other apparatus,
(e) the provision of open spaces, recreational and community facilities and amenities and landscaping works to serve houses referred to in paragraph (a), and
(f) the provision of car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure to serve houses referred to in paragraph (a);
"State Authority" means any of the following:
(a) a Minister of the Government;
(b) an Education and Training Board established under the Education and Training Boards Act 2013;
(c) Courts Service;
(d) Digital Hub Development Agency;
(e) Dublin Institute for Advanced Studies;
(f) Enterprise Ireland;
(g) Environmental Protection Agency;
(h) the Garda Síochána;
(i) Health Service Executive;
(j) Housing and Sustainable Communities Agency;
(k) Industrial Development Agency (Ireland);
(l) an Institute of Technology being a college within the meaning of section 2 of the Regional Technical Colleges Act 1992;
(m) Institute of Public Administration;
(n) Prison Service of the Department of Justice which is charged with the management of prisons;
(o) Legal Aid Board;
(p) Marine Institute;
(q) National Archives;
(r) Oberstown Children Detention Campus;
(s) Commissioners of Public Works in Ireland;
(t) Ordnance Survey Ireland;
(u) Sport Ireland;
(v) State Laboratory;
(w) Teagasc - the Agriculture and Food Development Authority;
(x) a technological university established by virtue of an order under section 36 of the Technological Universities Act 2018 ;
(y) An tSeirbhís Oideachais Leanúnaigh agus Scileanna.]
Annotations
Amendments:
F970
Inserted (8.03.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, S.I. No. 107 of 2023.
Editorial Notes:
E412
Power pursuant to subs. (3) exercised (8.03.2023) by Planning and Development (Section 179A) Regulations 2023 (S.I. No. 101 of 2023).
Taking in charge of estates.
180.—(1) F971[Subject to subsection (7), where a development] for which permission is granted under section 34 or under Part IV of the Act of 1963 includes the construction of 2 or more houses and the provision of new roads, open spaces, car parks, sewers, F972[water mains] or F972[service connections (within the meaning of the Water Services Act 2007)], and the development has been completed to the satisfaction of the planning authority in accordance with the permission and any conditions to which the permission is subject, the authority shall, where requested by the person carrying out the development, or, subject to subsection (3), F973[by the majority of the owners of the houses involved], F971[not later than 6 months after being so requested], initiate the procedures under section 11 of the Roads Act, 1993.
(2) (a) Notwithstanding subsection (1), where the development F974[referred to in subsection (1)] has not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced by the planning authority within F971[4 years] beginning on the expiration, as respects the permission authorising the development, of the appropriate period, within the meaning of section 40 or the period as extended under section 42, as the case may be, the authority shall, F973[where requested by the majority of owners of the houses involved], comply with section 11 of the Roads Act, 1993, except that subsection (1)(b)(ii) of that section shall be disregarded.
(b) In complying with paragraph (a), the authority may apply any security given under section 34(4)(g) F975[, or a condition attached to a permission under section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016] for the satisfactory completion of the development in question.
F974[(2A) (a) Notwithstanding subsections (1) or (2), where a development referred to in subsection (1) has not been completed to the satisfaction of the planning authority and either—
(i) enforcement proceedings have been commenced by the planning authority within F971[4 years] beginning on the expiration, as respects the permission authorising the development, of the appropriate period, or
(ii) the planning authority considers that enforcement proceedings will not result in the satisfactory completion of the development by the developer,
the authority may in its absolute discretion, at any time after the expiration as respects the permission authorising the development of the appropriate period, where requested by a majority of the owners of the houses in question, initiate the procedures under section 11 of the Roads Act 1993.
(b) In exercising its discretion and initiating procedures under section 11 of the Roads Act 1993, the authority may apply any security given under section 34(4)(g) F975[, or a condition attached to a permission under section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016] for the satisfactory completion of the development in question. ]
F976[(c) The initiation of procedures under section 11 of the Roads Act 1993 shall not preclude the planning authority concerned from pursuing, under the Planning and Development Acts 2000 to 2018 or otherwise, a developer for the costs incurred by that authority in respect of works undertaken on a development to enable it to be taken in charge by that authority.]
(3) (a) The planning authority may hold a plebiscite to ascertain F973[the wishes of the owners of the houses].
(b) The Minister may make or apply any regulations prescribing the procedure to be followed by the planning authority in ascertaining F973[the wishes of the owners of the houses].
F973[(4) (a) Where an order is made under section 11(1) of the Roads Act 1993 in compliance with subsection (1) or (2), the planning authority shall, in addition to the provisions of that section, take in charge—
(i) (subject to paragraph (c)), any sewers, watermains or service connections within the attendant grounds of the development, and
(ii) public open spaces or public car parks within the attendant grounds of the development.
(b) Where an order is made under section 11(1) of the Roads Act 1993 in compliance with subsection (2A), the planning authority may, in addition to the provisions of that section take in charge—
(i) (subject to paragraph (c)) some or all of the sewers, watermains or service connections within the attendant grounds of the development, and
(ii) some or all of the public open spaces or public car parks within the attendant grounds of the development,
and may undertake,
(I) any works which, in the opinion of the authority, are necessary for the completion of such sewers, watermains or service connections, public open spaces or public car parks within the attendant grounds of the development, or
(II) any works as in the opinion of the authority, are necessary to make the development safe,
and may recover the costs of works referred to in clause (I) or (II) from the developer as a simple contract debt in a court of competent jurisdiction.
(c) A planning authority that is not a water services authority within the meaning of section 2 of the Act of 2007 shall not take in charge any sewers, watermains or service connections under paragraph (a)(i) or (b)(i), but shall request the relevant water services authority to do so.
(d) In paragraph (a)(ii), "public open spaces" or "public car parks" means open spaces or car parks to which the public have access whether as of right or by permission.
(e) In this subsection, "public open spaces" means open spaces or car parks to which the public have access whether as of right or by permission.]
(5) Where a planning authority acts in compliance with this section, references in section 11 of the Roads Act, 1993, to a road authority shall be deemed to include references to a planning authority.
F973[(6) In this section "appropriate period" has the meaning given to the term in section 40, as extended under section 42 or 42A as the case may be.]
F976[(7) This section applies to that part of a development for which permission is granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 that relates to the construction of houses and the provision of—
(a) new roads, open spaces or car parks, or
(b) sewers, water mains or service connections, within the meaning of the Water Services Act 2007,
relating to such houses and references to "development" in other provisions of this section shall be read accordingly.]
Annotations
Amendments:
F971
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 37(a), (b), (d), S.I. No. 436 of 2018.
F972
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 114(b)(i), S.I. No. 846 of 2007.
F973
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 59(a), (b)(ii), (d), (e), (f), and (g), S.I. No. 477 of 2010.
F974
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 59(b)(i), (c), S.I. No. 477 of 2010.
F975
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 37(c), (e), S.I. No. 436 of 2018.
F976
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 37(f), (g), S.I. No. 436 of 2018.
Modifications (not altering text):
C239
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 263, not commenced as of date of revision.
Continued application of section 180 of Act of 2000 for certain purposes
263.—Section 180 of the Act of 2000 shall, notwithstanding its repeal by section 6, continue to apply and have effect on and after that repeal in relation to any request under the said section 180 made before that repeal.
Editorial Notes:
E413
Previous affecting provision: subs. (4) amended (31.12.2007) by Water Services Act 2007 (30/2007), s. 114(b)(ii), S.I. No. 846 of 2007; substituted as per F-note above.
Development by State authorities.
181.—(1) (a) The Minister may, by regulations, provide that, except for this section F977[and sections 181A to 181C], the provisions of this Act shall not apply to any specified class or classes of development by or on behalf of a State authority where the development is, in the opinion of the Minister, in connection with or for the purposes of public safety or order, the administration of justice or national security or defence and, for so long as the regulations are in force, the provisions of this Act shall not apply to the specified class or classes of development.
(b) The Minister may, by regulations, provide for any or all of the following matters in relation to any class or classes of development to which regulations under paragraph (a) apply:
(i) the publication by a State authority of any specified notice with respect to development that it proposes to carry out or to have carried out on its behalf;
(ii) the giving by a State authority, to the planning authority for the area in which proposed development is to be carried out, or any other specified person, of any specified notice, documents, particulars, plans or other information with respect to the proposed development;
(iii) the making available for inspection by members of the public of any specified documents, particulars, plans or other information with respect to the proposed development;
(iv) F978[…]
(v) the making of submissions or observations to a State authority with respect to the proposed development;
F979[(vi) the reference to a specified person of any dispute or disagreement, with respect to the proposed development—
(I) between a State authority and the planning authority for the area (including, in circumstances where the planning authority is a coastal planning authority, the nearshore area of that authority) in which the proposed development is to be carried out, or
(II) between a State authority and the Board or the Maritime Area Regulatory Authority in relation to proposed development that is to be carried out in the outer maritime area;]
(vii) requiring a State authority, in deciding whether the proposed development is to be carried out, to have regard to any specified matters or considerations.
(2) (a) F980[Subject to Parts X and XAB and any regulations made under Parts X and XAB and subsections (2A) to (2AA), where development is proposed to be carried out] by or on behalf of F981[a Minister of the Government, the Commissioners or a statutory undertaker], the Minister of the Government concerned or, in the case of development proposed to be carried out by or on behalf of the Commissioners, the Minister for Finance, may, if he or she is satisfied that the carrying out of the development is required by reason of an accident or emergency, by order provide that this Act F982[(other than sections 50, 50A, 50B and 181)] or, as may be appropriate, any requirement or requirements of regulations under subsection (1)(b) specified in the order, shall not apply to the development, and for so long as such an order is in force this Act or the said requirement or requirements, as the case may be, shall not apply to the development.
F983[(aa) Before making an order under paragraph (a), the Minister of the Government concerned (other than where the Minister concerned is the Minister) or, in the case of development proposed to be carried out by or on behalf of the Commissioners, the Minister for Public Expenditure and Reform, shall—
(i) inform the Minister of his or her intention to make an order under paragraph (a) and provide to the Minister a draft of the order, and
(ii) inform any other State authority of his or her intention to make an order under paragraph (a) and provide to the State authority a draft of the order where, in the opinion of the Minister concerned, the draft order relates to the functions of that State authority.
(ab) Where the Minister proposes to make an order under this subsection, the Minister shall, before making such order, comply with paragraph (aa)(ii).]
(b) A Minister of the Government may by order revoke an order made by him or her under paragraph (a).
(c) A Minister of the Government shall cause an order made by him or her under this subsection to be published in Iris Oifigiúil and notice of the making of the order to be published in a newspaper circulating in the area of the development concerned.
F983[(2A) (a) F984[In subsections (2) to (2AA)]—
(i) "approval" means a decision by the Board under subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (2L) in relation to an application for approval,
(ii) "Minister concerned" means—
(I) the Minister of the Government who proposes to carry out development referred to in this subsection or subsection (2)(a), or have it carried out on his or her behalf, or
(II) the Minister for Public Expenditure and Reform where the Commissioners propose to carry out development referred to in this subsection or subsection (2)(a), or have it carried out F984[on their behalf, or]
F985[(III) where a statutory undertaker proposes to carry out a development referred to in this subsection or subsection (2)(a), or have it carried out on its behalf, the Minister of the Government responsible for the enactment or instrument under an enactment by or under which the statutory undertaker is authorised, and]
(iii) "proposed development" means development proposed to be carried out by or on behalf of a F984[Minister of the Government, the Commissioners or a statutory undertaker] under subsection (2)(a).
F985[(aa) In this subsection, "enactment" has the same meaning as it has in the Interpretation Act 2005.]
(b) F986[Where development is proposed to be carried out by or on behalf of a Minister concerned or a statutory undertaker] pursuant to an order under subsection (2)(a) and the Minister concerned is satisfied, having had regard to Part X and Part XAB, that an environmental impact assessment or an appropriate assessment, or both such assessments of the proposed development is or are required, the Minister concerned shall F987[, other than where a declaration has been made under paragraph (ba)(i),] prepare or cause to be prepared an application for approval, which shall include the documents and information referred to in paragraph (c), in respect of the development and shall apply to the Board for such approval.
F987[(ba) Where a Minister concerned is satisfied that the carrying out of a proposed development is for the sole purpose of responding to a civil emergency, he or she may –
(i) declare that the proposed development is exempt from a requirement under paragraph (b), arising only on the basis that an environmental impact assessment of the proposed development is required, to prepare an application for approval and apply to the Board for such approval, or
(ii) declare that the proposed development is exempt from a requirement under paragraph (c) to prepare an environmental impact assessment report in respect of the development and include such report with an application to the Board under paragraph (b),
if the Minister considers that the application of the requirement concerned would have an adverse effect on that purpose.
(bb) Notice of a declaration made under paragraph (ba) shall, as soon as may be, be published in Iris Oifigiúil and in at least one daily newspaper published in the State.]
(c) An application for approval referred to in paragraph (b) shall include a draft of the order the Minister concerned proposes to make under subsection (2)(a), the plans, drawings and particulars in relation to the proposed development and, other than where an exemption is granted under subsection (2I) F987[or a declaration is made under paragraph (ba)(ii)], an environmental impact assessment report or Natura impact statement, or both that report and that statement, as the case may be, in respect of the development.
(d) The environmental impact assessment report and the Natura impact statement provided under paragraph (c) shall, as appropriate, comply with the requirements of Parts X and XAB respectively.
(e) A Minister concerned shall not F987[, except where a declaration is made under paragraph (ba)(i),] make an order under subsection (2)(a) in respect of development which requires an environmental impact assessment or an appropriate assessment, or, as necessary, both such assessments, proposed to be carried out F986[by or on behalf of the Minister concerned or a statutory undertaker] under the order, other than in accordance with an approval of that proposed development.
(f) On receipt of an application for approval under paragraph (b), the Board shall, other than where an exemption is granted under subsection (2I)F987[or a declaration is made under paragraph (ba)(ii)], carry out an environmental impact assessment, or an appropriate assessment, or, as necessary, both such assessments, in accordance with Part X or Part XAB, as the case may require.
(2B) Before a Minister concerned makes an application for approval under subsection (2A), the Minister shall—
(a) publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—
(i) stating that—
(I) the Minister proposes to seek approval with regard to the proposed development,
(II) an environmental impact assessment report or Natura impact statement or both that report and that statement, as the case may be, has or have been prepared in respect of the proposed development, and
(III) where relevant, the proposed development is likely to have significant effects on the environment in another Member State of the European Union or a state that is a party to the Transboundary Convention,
(ii) specifying the times and places at which, and the period (which shall not be less than 30 days) during which a copy of the application and the environmental impact assessment report or Natura impact statement or both that report and that statement, as the case may be, may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),
(iii) inviting the making, during such period, of submissions and observations to the Board relating to the likely significant effects on the environment or adverse effects on the integrity of a European site, as the case may be, of the proposed development, if carried out,
(iv) specifying the types of approval the Board may make, under subsection (2L)(a), in relation to the application,
(v) stating that a person may question the validity of the approval 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 sections 50, 50A and 50B, and
(vi) stating where practical information on the review mechanism can be found,
(b) send a copy of the application and the environmental impact assessment report or Natura impact statement or both that report and that statement, as the case may be, to the planning authority or each planning authority in whose functional area the proposed development would be situate and to any prescribed authorities, those prescribed authorities being, for the purposes of this subsection and subsection (2F), the same as those authorities prescribed for the purposes of section 175(4), together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to the likely significant effects on the environment or adverse effects on the integrity of a European site, as the case may be, of the proposed development, F979[if carried out]
F988[(bb) in the case of proposed development in the maritime area, send a—
(i) copy of the application,
(ii) copy of the environmental impact assessment report (if any) and Natura impact statement (if any), and
(iii) a notice stating that submissions or observations may, during the period referred to in subparagraph (ii) of paragraph (a), be made in writing to the Board in relation to the application for approval,
to the Maritime Area Regulatory Authority, and]
(c) where the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention, send a copy of the application and the environmental impact assessment report or Natura impact statement or both that report and that statement, as the case may be, to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board.
(2C) The Board may—
(a) if it considers it necessary to do so, require the Minister concerned who, in respect of a proposed development, has applied for approval, to furnish to the Board such further information in relation to the likely significant effects on the environment or adverse effects on the integrity of a European site of the proposed development as the Board may specify, or
(b) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of the proposed development, notify the Minister concerned that it is of that view and invite that Minister to make to the terms of the proposed development alterations specified in the notification and, if the Minister concerned makes those alterations, to furnish to it such information (if any) as it may specify in relation to the proposed development, in the terms as so altered, or where necessary, a revised environmental impact assessment report or revised Natura impact statement or both that report and that statement, as the case may be, in respect of it.
(2D) If the Minister concerned makes the alterations to the terms of the proposed development specified in a notification given to him or her by the Board under subsection (2C), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of the application for approval of the proposed development concerned under subsection (2A).
(2E) The Board shall—
(a) where it considers that any further information furnished to it pursuant to a requirement made under subsection (2C)(a) contains significant additional data relating to the likely significant effects on the environment or adverse effects on the integrity of a European site, as the case may be, of the proposed development, or
(b) where the Minister concerned has made the alterations to the terms of the proposed development specified in a notification given to him or her under subsection (2C)(b),
require the Minister concerned to comply with subsection (2F).
(2F) Where subsection (2E) applies the Minister concerned shall—
(a) publish in one or more newspapers circulating in the area or areas in which the proposed development would be situate a notice stating that, as appropriate—
(i) further information in relation to the proposed development has been furnished to the Board, or
(ii) the Minister concerned has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a revised environmental impact assessment report or revised Natura impact statement or both that report and that statement, as the case may be, in respect of the development has been furnished to the Board,
indicating the times at which, the period (which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report) during which and the place, or places, where a copy of the information or the environmental impact assessment report or Natura impact statement or both that report and that statement, as the case may be, referred to in subparagraph (i) or (ii) may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy) and that submissions or observations in relation to that information, report or statement may be made to the Board before the expiration of the indicated period, and
(b) send to each prescribed authority to which a notice was given pursuant to subsection (2B)(b) or (c)—
(i) a notice of the furnishing to the Board of, as appropriate, the further information referred to in paragraph (a)(i) or the information, report or statement referred to in paragraph (a)(ii), and
(ii) a copy of that further information, information, report or statement,
and indicate to the authority that submissions or observations in relation to that further information, information, report or statement may be made to the Board before the expiration of a period (which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report) beginning on the day on which the notice is sent to the prescribed authority by the Minister concerned.
(2G) The period referred to in subsection (2F)(a) or (b) shall, in a case relating to a revised environmental impact assessment report, not be less than—
(a) 30 days where the report has been furnished to the Board, and
(b) 3 weeks where the report has not been furnished to the Board.
(2H) Before making a decision under subsection (2L)(a), the Board shall consider—
(a) the environmental impact assessment report or Natura impact statement or both that report and statement, as the case may be, submitted pursuant to subsection (2A) or (2C) or both, as the case may be,
(b) any submissions or observations made in accordance with subsection (2B) or (2F) or both, as the case may be, and
(c) any other information furnished in accordance with subsection (2C),
relating to the likely significant effects on the environment or adverse effects on the integrity of a European site of the proposed development.
(2I) (a) (i) Notwithstanding Part X, at the request in that behalf of the Minister concerned who has made an application for approval in respect of a proposed development, the Board may grant an exemption referred to in paragraph (b) where the Board is satisfied that—
(I) exceptional circumstances so warrant,
(II) the application of the requirement to prepare an environmental impact assessment report or to carry out an environmental impact assessment or both that report and that assessment, as the case may be, or any other provisions implementing the Environmental Impact Assessment Directive as set out in this section would adversely affect the purpose of the proposed development, and
(III) the objectives of the Environmental Impact Assessment Directive are otherwise met.
(ii) The Minister concerned may submit the request referred to in subparagraph (i) with the application for approval under subsection (2A) or at any time before the Board makes its decision under subsection (2L)(a).
(b) Subject to paragraph (c), the Board may grant, in respect of the proposed development, an exemption from the requirement under this section to prepare an environmental impact assessment report or carry out an environmental impact assessment, or from any other provision of Part X as the Board considers appropriate.
(c) No exemption may be granted under paragraph (b) in respect of the proposed development where another Member State of the European Union or a state that is a party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it intends to furnish views on those effects.
(2J) The Board shall, in deciding to grant an exemption under subsection (2I)—
(a) consider whether the likely significant effects, if any, of the proposed development on the environment should be assessed in some other form, and
(b) make available to members of the public the information relating to the decision to grant an exemption under subsection (2I), the reasons for granting such exemption and the information obtained under any other form of assessment referred to in paragraph (a),
and the Board may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.
(2K) Notice of any decision by the Board to grant an exemption under subsection (2I), of the reasons for granting the exemption and of any requirements applied under subsection (2J) shall, as soon as may be—
(a) be published in Iris Oifigiúil, on the Board’s website and in at least one daily newspaper published in the State, and
(b) be given, together with a copy of the information, if any, made available to the members of the public in accordance with subsection (2J), to the European Commission.
(2L) (a) The Board shall, in respect of an application for approval under subsection (2A), make its decision as expeditiously as possible having regard to the requirement for the carrying out of the proposed development by reason of an accident or emergency and may, in respect of such application—
(i) approve the proposed development,
(ii) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,
(iii) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or
(iv) refuse to approve the proposed development,
and may attach to an approval under subparagraph (i), (ii) or (iii) such conditions or compensatory measures, or both as the case may be, as it considers appropriate.
(b) F986[The Minister concerned or a statutory undertaker] shall carry out or have carried out the proposed development to which the approval relates in accordance with any conditions attached to that approval.
(2M) (a) The Board shall send a copy of the decision under subsection (2L)(a) to the Minister concerned, to any planning authority in whose area the proposed development shall be situated and to any person who made submissions or observations on the application for approval.
F988[(aa) The Board shall, in the case of development proposed to be situated wholly or partly in the outer maritime area, send a copy of the decision under paragraph (a) of subsection (2L) to—
(i) the Minister concerned,
(ii) any coastal planning authority in whose nearshore area it is proposed that part of the development would be situated,
(iii) the Maritime Area Regulatory Authority, and
(iv) any person who made submissions or observations on the application for approval.]
(b) The Board shall cause to be published as soon as may be, in one or more newspapers circulating in the area or areas and on its website, a notice informing the public of the decision under subsection (2L)(a).
(c) The notice referred to in paragraph (b) shall state that details of the decision by the Board referred to in subsection (2N) shall be published on the website of the Board as soon as may be.
(d) The notice shall state that a person may question the validity of any such decision 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 sections 50, 50A and 50B.
(e) The notice shall identify where practical information on the review mechanism can be found.
(2N) A decision of the Board under subsection (2L)(a) shall state—
(a) the reasoned conclusion, in relation to the likely significant effects on the environment of the proposed development, and, where relevant, whether the development would have adverse effects on the integrity of a European site,
(b) in relation to the decision of the Board under subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (2L), where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board is different from the recommendation in a report of a person assigned to report on behalf of the Board in relation to the application for approval, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,
(c) where a decision to impose a condition (being a condition which arises from the consideration of the environmental impact assessment report or Natura impact statement, or both such report and such statement, in respect of the proposed development) in relation to any approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on behalf of the Board in relation to the application for approval, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,
(d) in relation to the decision of the Board under subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (2L), that the Board is satisfied that the reasoned conclusion on the likely significant effects on the environment or adverse effects on the integrity of a European site of the proposed development was up to date at the time of the taking of the decision,
(e) that a person may question the validity of any such decision 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 sections 50, 50A and 50B, and
(f) where practical information on the review mechanism can be found.
(2O) An approval and the notification of the approval shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment or appropriate assessment, or both such assessments, as the case may be, and, where appropriate, the comments received in the course of the environmental impact assessment from an affected Member State of the European Union or a state that is a party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.
(2P) In considering under subsection (2H) information furnished relating to the likely significant effects of a proposed development on the environment or adverse effects on the integrity of a European site, the Board shall have regard to, as appropriate—
(a) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact, and
(b) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact.
(2Q) Nothing in subsections (2A) to (2AA) shall require the disclosure by a Minister of the Government, the Commissioners or the Board of details of the internal arrangements of a proposed development which might prejudice the internal or external security of the development or facilitate any unauthorised entrance to, or exit from, the development of any person when it is completed.
(2R) (a) A Minister concerned who is considering whether to apply for approval for proposed development under subsection (2A) (referred to in this subsection and in subsections (2S), (2T), (2V) and (2W) as a "prospective applicant") may, before making the application, enter into consultations with the Board in relation to the proposed development.
(b) The prospective applicant may notify the Board in writing of the intention of the prospective applicant to end the consultations with the Board referred to in paragraph (a) and, upon receipt of such notification by the Board, the consultations shall be deemed to have ended on the date of such receipt by the Board.
(2S) In any consultations under subsection (2R), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding—
(a) the procedures involved in making the application and in considering such application, and
(b) what considerations related to the environment or a European site, may, in the opinion of the Board, have a bearing on its decision in relation to the application.
(2T) (a) A prospective applicant who is considering whether to apply for approval for proposed development under subsection (2A) may apply to the Board—
(i) for a determination under sections 176A and 176B or section 177U, as to whether a proposed development would be likely to have a significant effect on the environment F989[or, in respect of a proposed development not directly connected with or necessary to the management of a European site, would be likely to have a significant effect either individually or in combination with other plans or projects on a European site], as the case may be (and inform the prospective applicant of the determination), or
(ii) for an opinion in writing prepared by the Board on what information will be required to be contained in an environmental impact assessment report or Natura impact statement or both that report and that statement as the case may be, in relation to the proposed development.
(b) Sections 176A and 176B shall apply to a determination of the Board referred to in paragraph (a)(i) subject to the following modifications:
(i) in sections 176A and 176B, "planning authority" or "authority" shall be read as "the Board";
(ii) in section 176A(3), as if the following were omitted:
"and be accompanied by such fee as may be prescribed under section 246(1)(ca)";
(iii) in section 176B(2)—
(I) in paragraph (a), as if "4 weeks" were substituted for "3 weeks", and
(II) in paragraph (b), as if "5 weeks" were substituted for "4 weeks";
(iv) in section 176B(4), as if paragraph (ii) were omitted;
(v) in section 176B, as if the following subsection were substituted for subsection (4A):
"(4A) The notice under subsection (4) shall be placed with any application for approval under section 181(2A) subsequently made in respect of which an application for a screening for environmental impact assessment was made under section 176A(2).";
(vi) in section 176B(5)—
(I) as if paragraph (i) were omitted, and
(II) as if the following paragraph were substituted for paragraph (ii):
"(ii) stating that a person may question the validity of the screening determination for environmental impact assessment 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 sections 50 and 50A,";
(vii) any other necessary modifications have been made.
(c) Section 176C shall not apply to a determination of the Board referred to in paragraph (a)(i).
(2U) On receipt of such an application under subsection (2T)(a), the Board shall make its determination or give its opinion, as the case may be, as expeditiously as possible.
(2V) A prospective applicant shall, for the purposes of—
(a) consultations under subsection (2R), and
(b) the making of a determination or the giving of an opinion by the Board on an application under subsection (2T)(a),
supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development.
(2W) (a) Without prejudice to subsection (2V) and subject to paragraph (b), where a prospective applicant has made an application under subsection (2T)(a)(ii) for an opinion in relation to what information will be required to be contained in an environmental impact assessment report or Natura impact statement or both that report and that statement as the case may be, the Board shall, after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely significant effect on the environment F989[or, in respect of a proposed development not directly connected with or necessary to the management of a European site, its likely significant effect either individually or in combination with other plans or projects on a European site], give an opinion in writing on the scope and level of detail of the information to be included in such report or such statement or both that report and that statement as the case may be, subject to any consultations carried out by the Board in relation to such opinion.
(b) The Board shall give the opinion before the submission by the prospective applicant of the environmental impact assessment report or Natura impact statement or both that report and that statement as the case may be.
(2X) Where an opinion referred to in subsection (2W) has been provided, the environmental impact assessment report or Natura impact statement or both that report and that statement as the case may be, shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the likely significant effects on the environment of the proposed development or adverse effect on the integrity of a European site, taking into account current knowledge and methods of assessment.
(2Y) Neither—
(a) the holding of consultations under subsection (2R), nor
(b) the provision of an opinion under subsection (2W),
shall prejudice the performance by the Board of any other of its functions under this Act or regulations made under this Act, or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.
(2Z) The Board shall keep a record in writing of any consultations under this section in relation to a proposed development, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any application in respect of the proposed development relates.
F979[(2AA) Where an application for approval is made to the Board under subsection (2A), or where further information is required by and furnished to the Board in relation to an application made under that subsection, the Minister concerned shall, simultaneously, forward a copy of the application, any environmental impact assessment report or Natura impact statement prepared in relation to the application and any further information provided in relation to the application, to—
(a) the planning authority or each planning authority in whose functional area it is proposed to carry out the development, or
(b) in the case of an application for approval for development in the outer maritime area, the Maritime Area Regulatory Authority,
and the Board, and any such planning authority or the Maritime Area Regulatory Authority (as may be appropriate), shall, as soon as may be thereafter, publish on their internet websites and make available for inspection at their offices during normal office hours—
(i) that application,
(ii) any such environmental impact assessment report,
(iii) any such Natura impact statement, and
(iv) any such further information.]]
F990[(3)(a) In this subsection—
F992[…]
"Minister concerned" means—
(i) the Minister of the Government who proposes to carry out development to which this subsection applies, or have it carried out on his or her behalf, or
(ii) the Minister for Public Expenditure and Reform where the Commissioners propose to carry out development to which this subsection applies, or have it carried out on their behalf.
(b) This subsection applies to development (other than development prescribed for the time being under subsection (1) or in respect of which an order under subsection (2) is in force) F992[…] proposed to be carried out by or on behalf of a Minister concerned where that Minister is satisfied—
(i) that the carrying out of the proposed development is urgent in order to preserve, protect or improve the quality of the environment or protect human health, and
(ii) having had regard to Part X and Part XAB, that an environmental impact assessment or an appropriate assessment, or, as necessary, both such assessments, of the proposed development is required.
(c) A Minister concerned, in relation to proposed development to which this subsection applies, may apply to the Board for approval.
(d) Where a Minister concerned applies to the Board for approval under this subsection—
(i) section 175 shall apply where the application for approval relates to proposed development where an environmental impact assessment is required, as it applies to such an application by a local authority, subject to the modifications that section 175 shall be read as if—
(I) the following were substituted for subsection (1):
“(1) Where development to which section 181(3) applies, belonging to a class of development identified for the purposes of section 176, is proposed to be carried out (in this section referred to as “proposed development”) by the Minister concerned within the meaning of section 181(3) (in this section referred to as the “Minister concerned”), that Minister concerned shall prepare, or cause to be prepared, an F991[environmental impact assessment report] in respect thereof.”,
(II) in the section, other than as modified under clause (I), "Minister concerned" were substituted for "local authority",
(III) in subsections (4)(b) and (5)(d)(ii), "prescribed authorities" and "prescribed authority" includes the local authority within whose functional area the proposed development is to be carried out, and
(IV) any other necessary modifications have been made,
(ii) section 177AE shall apply where the application for approval relates to proposed development where an appropriate assessment is required, as it applies to such an application by a local authority, subject to the modifications that section 177AE shall be read as if—
F979[(I) the following were substituted for subsection (1):
"(1) Where an appropriate assessment is required in respect of development (in this section referred to as “proposed development”) to which subsection (3) of section 181 applies, the Minister concerned (in this section referred to as the “Minister concerned”) within the meaning of that subsection shall prepare, or cause to be prepared, a Natura impact statement in respect thereof."]
(II) in the section, other than as modified under clause (I), "Minister concerned" were substituted for "local authority",
(III) in subsections (4)(b) and (5)(d)(ii), "prescribed authorities" and "prescribed authority" includes the local authority within whose functional area the proposed development is to be carried out, and
(IV) any other necessary modifications have been made,
(iii) F992[…]
F979[(e) Where an application is made to the Board under this subsection, or where further information is required by and furnished to the Board in relation to an application made under this subsection, the Minister concerned shall at the same time forward a copy of the application, any environmental impact assessment report or Natura impact statement prepared in relation to the application and any further information provided in relation to the application, to—
(i) the planning authority in whose functional area it is proposed to carry out the development, or
(ii) in the case of an application for approval for development in the outer maritime area, the Maritime Area Regulatory Authority,
and the Board, and the planning authority or the Maritime Area Regulatory Authority (as may be appropriate), shall as soon as may be thereafter, publish on their internet websites and make available for inspection at their offices during normal office hours—
(I) the application,
(II) any environmental impact assessment report,
(III) any Natura impact statement, and
(IV) any such further information.]
(f) Any matter or thing prescribed—
(i) under section 175 or 176 shall apply as required to an application for approval for proposed development referred to at subparagraph (i) of paragraph (d),
(ii) under section 177AD or 177AE shall apply as required to an application for approval for proposed development referred to at subparagraph (ii) of paragraph (d), or
(iii) under section 175, 176 or 226 shall apply as required to an application for approval for proposed development referred to at subparagraph (iii) of paragraph (d).
(g) The Board shall consider an application made in compliance with this subsection and shall make its decision as expeditiously as possible.
(h) Section 32 or 225, as appropriate, shall not apply to a development in relation to which, under this subsection, the Board approves an application with or without modification.]
Annotations
Amendments:
F977
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 35(a), S.I. No. 684 of 2006.
F978
Deleted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 35(b), S.I. No. 684 of 2006.
F979
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 44, S.I. No. 488 of 2022.
F980
Substituted (6.08.2019) by European Union (Environmental Impact Assessment and Habitats) (Section 181 of the Planning and Development Act 2000) Regulations 2019 (S.I. No. 418 of 2019), reg. 4(a)(i).
F981
Substituted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 9(a)(i), S.I. No. 365 of 2021.
F982
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 9(a)(ii), S.I. No. 365 of 2021.
F983
Inserted (6.08.2019) by European Union (Environmental Impact Assessment and Habitats) (Section 181 of the Planning and Development Act 2000) Regulations 2019 (S.I. No. 418 of 2019), reg. 4(a)(ii), (b).
F984
Substituted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 9(b)(i)(I), (II), (IV), S.I. No. 365 of 2021.
F985
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 9(b)(i)(III), (ii), S.I. No. 365 of 2021.
F986
Substituted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 9(c)-(e), S.I. No. 365 of 2021.
F987
Inserted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 4(a)(i)-(v).
F988
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 44, S.I. No. 488 of 2022.
F989
Substituted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 4(b), (c).
F990
Inserted (21.10.2013) by European Union (Environmental Impact Assessment and Habitats) (Section 181 of the Planning and Development Act 2000) Regulations 2013 (S.I. No. 403 of 2013), reg. 2.
F991
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. 84, in effect as per reg. 2(1).
F992
Deleted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 44, S.I. No. 488 of 2022.
Modifications (not altering text):
C240
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 163, not commenced as of date of revision.
Continued operation of section 181 of Act of 2000 for certain purposes
163.—(1) Where an application for approval was made under subsection (2A) of section 181 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under subsection (2L) of the said section 181 in relation to the application before such repeal, the said section 181 shall, on and after that repeal, continue to apply and have effect for the purpose of that application.
(2) Where an application for approval was made under paragraph (c) of subsection (3) of section 181 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal, the said subsection (3) shall, on and after that repeal, continue to apply and have effect for the purpose of that application.
(3) Notwithstanding the repeal of paragraph (a) of subsection (1) of section 181 of the Act of 2000 by section 6, this Act shall not apply to development—
(a) of a class specified in regulations under that paragraph, and
(b) that was commenced before that repeal,
and accordingly the said section 181 and sections 181A, 181B and 181C of the Act of 2000 shall, on and after that repeal, continue to apply and have effect in relation to such development.
(4) Notwithstanding the repeal of paragraph (a) of subsection (2) of section 181 of the Act of 2000 by section 6, this Act shall not apply to development to which an order (for the time being in force) under that paragraph applies.
C241
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 118(7), not commenced as of date of revision.
Status of permission, consent, approval granted under Act of 2000
188.— …
(7) An approval under subsection (2L) of section 181 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.
...
C242
Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
Schedule 1 Enactments
... |
||
No. 30 of 2000 |
Planning and Development Act 2000 |
Sections 80, 116, 117, 120(2) and 181 |
... |
C243
Application of regulations made under section restricted (1.05.2007) by Prisons Act 2007 (10/2007), s. 28(1)(b)(i), S.I. No. 180 of 2007.
Exemptions, etc., relating to development.
28.—(1) A development— ...
(b) is not subject to—
(i) regulations under section 181 of the Planning and Development Act 2000,
...
C244
Application of subs. (1) restricted by Courts Service Act 1998 (8/1998), s. 33 as substituted (10.04.2002) by Courts and Courts Officers Act 2002 (15/2002), s. 44, commenced on enactment .
Service deemed State authority for planning and development purposes.
33.—(1) The Service shall be deemed to be a State authority for the purposes of section 181(1) of the Act of 2000.
(2) (a) Notwithstanding subsection (1) of section 181 of the Act of 2000 or any regulations made under that subsection which provide for the giving of any specified notice with respect to proposed development consisting of the provision of temporary courthouses, it shall be necessary to give such notice of such proposed development once only.
...
(3) Where development is proposed to be carried out by or on behalf of the Service, the Minister may, if he or she is satisfied that the carrying out of the development is required by reason of an accident or emergency, by order provide that the Act of 2000 or, as may be appropriate, any requirement or requirements of regulations under section 181(1)(b) of the Act of 2000 specified in the order, shall not apply to the development, and for so long as such an order is in force the Act of 2000 or the said requirement or requirements, as the case may be, shall not apply to the development.
...
Editorial Notes:
E414
Power pursuant to subs. (2)(b) exercised (1.11.2024) by Planning and Development Act 2000 (Section 181(2)(a)) Order 2024 (Revocation) Order 2024 (S.I. No. 617 of 2024).
E415
Power pursuant to subs. (2)(a) exercised (1.10.2024 to 1.10.2029) by Planning and Development Act 2000 (Section 181(2)(a)) (No. 4) Order 2024 (S.I. No. 507 of 2024).
E416
Power pursuant to subs. (2)(a) exercised (24.09.2024 to 24.09.2029) by Planning and Development Act 2000 (Section 181(2)(a)) (No. 3) Order 2024 (S.I. No. 481 of 2024).
E417
Power pursuant to subs. (2)(a) exercised (22.07.2024 to 22.07.2029) by Planning and Development Act 2000 (Section 181(2)(a)) Order 2024 (S.I. No. 365 of 2024).
E418
Power pursuant to subs. (1) exercised (16.05.2023) by Planning and Development (Section 181) Regulations 2023 (S.I. No. 243 of 2023).
E419
Power pursuant to subs. (2)(a) exercised (16.12.2022) by Planning and Development act 2000 (Section 181(2)(a)) (No. 2) Order 2022 (S.I. No. 694 of 2022).
E420
Power pursuant to subs. (2)(a) exercised (22.09.2022) by Planning and Development Act 2000 (Section 181(2)(a)) Order 2022 (S.I. No. 478 of 2022).
E421
Power pursuant to subs. (2)(a) exercised (24.09.2020) by Planning and Development Act 2000 (Section 181(2)(a)) (No. 3) Order 2020(S.I. No. 371 of 2020).
E422
Power pursuant to subs. (2)(a) exercised (25.06.2020) by Planning and Development Act 2000 (Section 181(2)(a)) (No. 2) Order 2020 (S.I. No. 232 of 2020).
E423
Power pursuant to subs. (2)(a) exercised (25.06.2020) by Planning and Development Act 2000 (Section 181(2)(a)) Order 2020 (S.I. No. 231 of 2020).
E424
Power pursuant to subs. (2)(a) exercised (24.10.2019) by Planning and Development Act 2000 Section 181(2)(a) (No. 5) Order 2019 (S.I. No. 521 of 2019).
E425
Power pursuant to subs. (2)(a) exercised (1.07.2019) by Planning And Development Act, 2000 Section 181(2)(a) Order No. 4 2019 (S.I. No. 285 of 2019).
E426
Power pursuant to subs. (2)(a) exercised (1.07.2019) by Planning And Development Act, 2000 Section 181(2)(a) Order No. 3 2019 (S.I. No. 284 of 2019).
E427
Power pursuant to subs. (2)(a) exercised (10.03.2019) by Planning And Development Act, 2000 Section 181(2)(A) Order No. 2 2019 (S.I. No. 100 of 2019).
E428
Power pursuant to subs. (2)(a) exercised (11.02.2019) by Planning And Development Act, 2000 Section 181(2)(A) Order No. 1 2019 (S.I. No. 57 of 2019).
E429
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E430
Previous affecting provision: power pursuant to subs. (2)(a) exercised (8.08.2024 to 8.08.2029) by Planning and Development Act 2000 (Section 181(2)(a)) (No. 2) Order 2024 (S.I. No. 399 of 2020); revoked (1.11.2024) by Planning and Development Act 2000 (Section 181(2)(a)) Order 2024 (Revocation) Order 2024 (S.I. No. 617 of 2024).
E431
Previous affecting provision: power pursuant to subs. (1) exercised (27.03.2020 for relevant period 31.03.2022) by Planning and Development Act 2000 (Section 181) Regulations 2020 (S.I. No. 93 of 2020); Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, Part 3 ceased on expiry of relevant period as per s. 2(3)(b) as amended (10.02.2022) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 1(a), commenced as per s. 5(2).
E432
Previous affecting provision: subs. (3)(e) amended (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. nos. 85, 86, in effect as per reg. 2(1); substituted (1.10.2022) as per F-note above.
F993[Approval of certain State development requiring environmental impact assessment.
181A.—(1) F994[Subject to section 181B(4) and (4A)], where a State authority proposes to carry out or have carried out development—
(a) of a class specified in regulations made under section 181(1)(a), and
F994[(b) identified as likely to have significant effects on the environment in accordance with section 176 or, in respect of such development not directly connected with or necessary to the management of a European site, likely to have a significant effect either individually or in combination with other plans or projects on a European site in accordance with section 177U,]
(hereafter referred to in this section and sections 181B and 181C as "proposed development"), the authority shall prepare, or cause to be prepared, an application for approval of the development under section 181B and an F995[F996[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] in respect of the development and shall apply to the Board for such approval accordingly.
(2) F994[Subject to section 181B(4) and (4A)], the proposed development shall not be carried out unless the Board has approved it with or without modifications.
(3) Before a State authority makes an application for approval under subsection (1), it shall—
(a) publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—
(i) stating that—
(I) it proposes to seek the approval of the Board for the proposed development,
(II) an F995[F997[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] has been prepared in respect of the proposed development,
(III) where relevant, the proposed development is likely to have significant effects on the environment in another Member State of the European Communities or other party to the Transboundary Convention,
(ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the application and the F995[F998[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),
(iii) inviting the making, during such period, of submissions and observations to the Board relating to—
(I) the implications of the proposed development for proper planning and sustainable development in the area or areas concerned, and
(II) the likely F995[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development,
if carried out, and
(iv) specifying the types of decision the Board may make, under section 181B, in relation to the application,
F999[(v) stating that a person may question the validity of a decision of 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) and
(vi) stating where practical information on the review mechanism can be found.]
(b) send a copy of the application and the F995[F1000[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] to the local authority or each local authority in whose functional area the proposed development would be situate and to any prescribed bodies, together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—
(i) the implications of the proposed development for proper planning and sustainable development in the area concerned, and
(ii) the likely F995[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development,
if carried out, and
(c) where the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or a state which is a party to the Transboundary Convention, send a prescribed number of copies of the application and the F1001[environmental impact assessment report] to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board.
(4) The Board may—
(a) if it considers it necessary to do so, require a State authority that has applied for approval for a proposed development to furnish to the Board such further information in relation to the effects on proper planning and sustainable development or the environment of the proposed development as the Board may specify, or
(b) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the State authority that it is of that view and invite the State authority to make to the terms of the proposed development alterations specified in the notification and, if the State authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a F995[F1002[revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] in respect of it.
(5) If a State authority makes the alterations to the terms of the proposed development specified in a notification given to it under subsection (4), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section and section 181B.
(6) The Board shall—
(a) where it considers that any further information received pursuant to a requirement made under subsection (4)(a) contains significant additional data relating to—
(i) the likely F995[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development, and
(ii) the likely consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said development of such development,
or
(b) where the State authority has made the alterations to the terms of the proposed development specified in a notification given to it under subsection (4)(b),
require the State authority to do the things referred to in subsection (7).
(7) The things which a State authority shall be required to do as aforesaid are—
(a) to publish in one or more newspapers circulating in the area or areas in which the proposed development would be situate a notice stating that, as appropriate—
(i) further information in relation to the proposed development has been furnished to the Board, or
(ii) the State authority has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a F995[F1003[revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] in respect of the development has been furnished to the Board,
indicating the times at which, the period F1004[(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)] during which and the place, or places, where a copy of the F1005[information or the environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be, referred to in subparagraph (i) or (ii) may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy) and that submissions or observations in relation to F1006[that information, report or statement] may be made to the Board before the expiration of the indicated period, and
(b) to send to each prescribed authority to which a notice was given pursuant to subsection (3)(b) or (c)—
(i) a notice of the furnishing to the Board of, as appropriate, the further information referred to in paragraph (a)(i) or the F1007[information, report or statement] referred to in paragraph (a)(ii), and
(ii) a copy of that further information, F1008[information, report or statement],
and to indicate to the authority that submissions or observations F1009[in relation to that further information, information, report or statement] may be made to the Board before the expiration of a period F1010[(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)] beginning on the day on which the notice is sent to the prescribed authority by the State authority. ]
F1011[(8) The period referred to in subsection (7)(a) or (b) shall, in a case relating to a revised environmental impact assessment report, not be less than—
(a) 30 days where the report has been furnished to the Board, and
(b) 3 weeks where the report has not been furnished to the Board.]
Annotations
Amendments:
F993
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 36, S.I. No. 684 of 2006.
F994
Substituted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 5(a)(i), (ii), (b).
F995
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 37, S.I. No. 474 of 2011.
F996
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. 87, in effect as per reg. 2(1).
F997
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. 88, in effect as per reg. 2(1).
F998
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. 89, in effect as per reg. 2(1).
F999
Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 10(d).
F1000
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36, sch. 1 table item 90, in effect as per reg. 2(1).
F1001
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. 91, in effect as per reg. 2(1).
F1002
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. 92, in effect as per reg. 2(1).
F1003
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. 93, in effect as per reg. 2(1).
F1004
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 28(a)(i), in effect as per reg. 2(1).
F1005
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. 94, in effect as per reg. 2(1).
F1006
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. 95, in effect as per reg. 2(1).
F1007
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. 96, in effect as per reg. 2(1).
F1008
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. 97, in effect as per reg. 2(1).
F1009
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. 98, in effect as per reg. 2(1).
F1010
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 28(a)(ii), in effect as per reg. 2(1).
F1011
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 28(b), in effect as per reg. 2(1).
Modifications (not altering text):
C245
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), ss. 163(3), 164 not commenced as of date of revision.
Continued operation of section 181 of Act of 2000 for certain purposes
163.— …
(3) Notwithstanding the repeal of paragraph (a) of subsection (1) of section 181 of the Act of 2000 by section 6, this Act shall not apply to development—
(a) of a class specified in regulations under that paragraph, and
(b) that was commenced before that repeal,
and accordingly the said section 181 and sections 181A, 181B and 181C of the Act of 2000 shall, on and after that repeal, continue to apply and have effect in relation to such development.
Continued operation of sections 181A and 181B of Act of 2000 for certain purposes
164.—Where an application for approval was made under section 181A of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 181B of that Act in relation to the application before such repeal, the said sections 181A and 181B shall, on and after that repeal, continue to apply and have effect for the purpose of that application.
C246
"Proposed development" construed (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(2) 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.
C247
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
C248
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.
C249
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.
...
C250
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.
...
C251
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.
...
C252
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
...]
C253
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. |
... |
... |
... |
C254
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.
...
C255
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,
...
C256
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.
C257
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.
C258
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).
C259
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.
...]
C260
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)))
...
C261
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:
E433
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E434
Previous affecting provision: subs. (1)(b) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 37, S.I. No. 474 of 2011; para. (b) substituted (20.12.2022) as per F-note above.
E435
Previous affecting provision: substitutions made by Planning and Development (Amendment) Act 2010 (30/2010), s. 60, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
F1012[Section 181A: criteria for decision, certain exemptions, etc.
181B.—(1) Before making a decision in respect of a proposed development the subject of an application under section 181A, the Board shall consider—
(a) the F1013[F1014[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] submitted pursuant to section 181A(1) or (4), any submissions or observations made in accordance with section 181A(3) or (7) and any other information furnished in accordance with section 181A(4) relating to—
(i) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the proposed development of such development, and
(ii) the likely F1013[effects on the environment or adverse effects on the integrity of a European site] of the proposed development,
and
(b) the report and any recommendations of a person conducting any oral hearing relating to the proposed development.
F1015[(2)(a) The Board may take the action specified in paragraph (b) where it is satisfied that—
(i) exceptional circumstances so warrant,
(ii) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and
(iii) the objectives of the Environmental Impact Assessment Directive are otherwise met.
(b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 181A(1) to prepare an environmental impact assessment report.
(c) No exemption may be granted under paragraph (b) in respect of the proposed development where another Member State of the European Union or a state which is a party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it wishes to furnish views on those effects.
(d) F1016[…]]
(3) The Board shall, in granting an exemption under subsection (2), consider whether—
(a) F1013[the effects, if any of the proposed development on the environment F1016[…]] should be assessed in some other manner, and
(b) the information arising from such an assessment should be made available to the members of the public,
and it may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.
F1018[(4) The Minister for Defence may, where he or she is satisfied that a proposed development or part of a proposed development is for the sole purpose of national defence, declare that the proposed development or relevant part of the proposed development is exempt from a requirement under section 181A(1), arising only on the basis that an environmental impact assessment of the proposed development is required, to apply for approval and prepare an environmental impact assessment report, if he or she considers that the application of section 181A or 181C would have adverse effects on such purpose.]
F1019[(4A) A Minister of the Government may, where he or she is satisfied that a proposed development or part of a proposed development is for the sole purpose of responding to a civil emergency, declare that the proposed development or relevant part of the proposed development is exempt from a requirement under section 181A(1), arising only on the basis that an environmental impact assessment of the proposed development is required, to apply for approval and prepare an environmental impact assessment report, if he or she considers that the application of section 181A or 181C would have adverse effects on such purpose.]
(5) Notice of any exemption granted under subsection (2) F1016[…], of the reasons for granting the exemption and, where appropriate, of any requirements applied under subsection (3) shall, as soon as may be—
(a) be published in Iris Oifigiúil and in at least one daily newspaper published in the State, and
(b) be given, together with a copy of the information, if any, made available to the members of the public in accordance with subsection (3), to the Commission of the European Communities.
F1019[(5A) Notice of any exemption granted under subsection (4) or (4A) shall, as soon as may be, be published in Iris Oifigiúil and in at least one daily newspaper published in the State.]
(6) F1020[The Board shall, in respect of an application under section 181A for approval of proposed development, make its decision within a reasonable period of time and may, in respect of such application]—
(a) approve the proposed development,
(b) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,
(c) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or
(d) refuse to approve the proposed development,
and may attach to an approval under paragraph (a), (b) or (c) such conditions as it considers appropriate.
F1021[(6A) A decision of the Board under subsection (6) shall state—
(a) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,
(b) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,
(c) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for approval on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition, and
(d) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, that the Board 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.
(6B) A decision given under subsection (6) and the notification of the decision shall include a summary of the results of 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.]
(7) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under subsection (6)(a), (b) or (c) a condition requiring—
(a) the construction or the financing, in whole or in part, of the construction of a facility, or
(b) the provision or the financing, in whole or in part, of the provision of a service,
in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.
(8) A condition attached pursuant to subsection (7) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval under this section operates of the benefits likely to accrue from the grant of the approval.
(9) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of consultations under section 181C or applications for approval under section 181A.
(10) Without prejudice to the generality of subsection (9), regulations under that subsection may make provision for requiring the Board to give information in respect of its decision regarding the proposed development for which approval is sought.
(11) In considering under subsection (1) information furnished relating to the likely consequences for proper planning and sustainable development of a proposed development in the area in which it is proposed to situate such development, or on the environment, the Board shall have regard to—
F1022[(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,]
F1023[(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,]
(b) the provisions of any special amenity area order relating to the area,
(c) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,
(d) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact,
(e) where relevant, the matters referred to in section 143, and
(f) the provisions of this Act and regulations under this Act where relevant.
(12) Regulations made under section 181(1)(b) shall not apply to any development which is approved under this section.
(13) Nothing in this section or section 181A or 181C shall require the disclosure by a State authority or the Board of details of the internal arrangements of a development which might prejudice the internal or external security of the development or facilitate any unauthorised entrance to, or exit from, the development of any person when it is completed.
(14) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section to the area in which the proposed development would be situated includes, if the context admits, a reference to the 2 or more areas in which the proposed development would be situated and cognate references shall be construed accordingly.]
Annotations
Amendments:
F1012
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 36, S.I. No. 684 of 2006.
F1013
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 38, S.I. No. 474 of 2011.
F1014
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. 99, in effect as per reg. 2(1).
F1015
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 29(a), in effect as per reg. 2(1).
F1016
Deleted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 6(a), (b), (e).
F1017
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 29(b), in effect as per reg. 2(1).
F1018
Substituted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 6(c).
F1019
Inserted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 6(d), (f).
F1020
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 29(c), in effect as per reg. 2(1).
F1021
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 29(d), in effect as per reg. 2(1).
F1022
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 45, S.I. No. 488 of 2022.
F1023
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 45, S.I. No. 488 of 2022.
Modifications (not altering text):
C262
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), ss. 163(3), 164 not commenced as of date of revision.
Continued operation of section 181 of Act of 2000 for certain purposes
163.— …
(3) Notwithstanding the repeal of paragraph (a) of subsection (1) of section 181 of the Act of 2000 by section 6, this Act shall not apply to development—
(a) of a class specified in regulations under that paragraph, and
(b) that was commenced before that repeal,
and accordingly the said section 181 and sections 181A, 181B and 181C of the Act of 2000 shall, on and after that repeal, continue to apply and have effect in relation to such development.
Continued operation of sections 181A and 181B of Act of 2000 for certain purposes
164.—Where an application for approval was made under section 181A of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 181B of that Act in relation to the application before such repeal, the said sections 181A and 181B shall, on and after that repeal, continue to apply and have effect for the purpose of that application.
C263
Prospective affecting provision: application of subs. (6) extended by Planning and Development Act 2024 (34/2024), s. 118(8), not commenced as of date of revision.
Status of permission, consent, approval granted under Act of 2000
188.— …
(8) An approval under subsection (6) of section 181B of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.
C264
"Proposed development" construed (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(2) 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.
C265
Application of section restricted (24.12.2006) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 22(3), commenced on enactment.
Certain development approvals under Part XI of Planning and Development Act 2000.
22.— ...
(3) No approval shall be required under—
(a) section 181B,
...
in relation to development referred to in section 181A, 182A or 182C, respectively, if—
(i) in the case of development referred to in section 181A, a notification in respect of the development has been published, before the commencement of this section, in accordance with regulations under section 181(1)(b) of the Act of 2000 (whether or not the development has been commenced or completed before the commencement of this section),
(ii) in the case of development referred to in section 182A, the development has been the subject of—
(I) a grant of permission under section 34 of the Act of 2000 before the commencement of this section and that permission is in force immediately before such commencement, or
(II) an application made, before the commencement of this section, in accordance with the Act of 2000 and regulations thereunder for the grant of such a permission and that application does not stand withdrawn before the commencement of this section.
...
Editorial Notes:
E436
Previous affecting provision: subs. (4) substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 29(b), in effect as per reg. 2(1); substituted (20.12.2022) as per F-note above.
E437
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E438
Previous affecting provision: similar amendments to those made by 2011 Act made by Planning and Development (Amendment) Act 2010 (30/2010), s. 61, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
E439
Previous affecting provision: original versions of subs. (1)(a), (1)(a)(ii), (2), (3)(a) and (4) inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 36, S.I. No. 684 of 2006; substituted as per F-note above.
E440
Previous affecting provision: subs. (2), (4) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 38(a), S.I. No. 474 of 2011; substituted as per F-note above.
F1024[Procedures in advance of seeking approval under section 181B.
181C.—(1) A State authority (a "prospective applicant") which proposes to apply for approval under section 181B shall, before making the application, enter into consultations with the Board in relation to the proposed development.
(2) In any consultations under subsection (1), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding—
(a) the procedures involved in making the application, and
(b) what considerations, related to proper planning and sustainable F1025[development, the environment or a European site], may, in the opinion of the Board, have a bearing on its decision in relation to the application.
(3) A prospective applicant may request the Board—
F1026[(a) to make a determination of whether a development of a class specified in regulations made under section 181(1)(a) which it proposes to carry out or have carried out is likely to have significant effects on the environment in accordance with section 176 or, in respect of such a development not directly connected with or necessary to the management of a European site, is likely to have a significant effect either individually or in combination with other plans or projects on a European site in accordance with section 177U (and inform the applicant of the determination), or]
(b) to give to the applicant an opinion in writing prepared by the Board on what information will be required to be contained in an F1025[F1027[environmental impact assessment report or Natura impact statement or both that report and that statement] as the case may be] in relation to the proposed development.
(4) On receipt of such a request, the Board shall comply with it as soon as is practicable.
(5) A prospective applicant shall, for the purposes of—
(a) consultations under subsection (1), and
(b) the Board’s complying with a request under subsection (3),
supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development.
F1028[(5A)(a) Without prejudice to subsection (5) and subject to paragraph (b), where a prospective applicant has made a request under subsection (3)(b) in relation to what information will be required to be contained in an environmental impact assessment report, the Board shall, after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give an opinion in writing on the scope and level of detail of the information to be included in such report, subject to any consultations carried out by the Board in relation to such opinion.
(b) The Board shall give the opinion before the submission by the prospective applicant of the environmental impact assessment report.
(5B) Where an opinion referred to in subsection (5A) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]
(6) Neither—
(a) the holding of consultations under subsection (1), nor
(b) the provision of an opinion under subsection (3),
shall prejudice the performance by the Board of any other of its functions under this Act or regulations under this Act, or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.
(7) The Board shall keep a record in writing of any consultations under this section in relation to a proposed development, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any application in respect of the proposed development relates.]
Annotations
Amendments:
F1024
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 36, S.I. No. 684 of 2006.
F1025
Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 62, S.I. No. 475 of 2011.
F1026
Substituted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 7.
F1027
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. 100, in effect as per reg. 2(1).
F1028
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 30, in effect as per reg. 2(1).
Modifications (not altering text):
C266
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 163(3), not commenced as of date of revision.
Continued operation of section 181 of Act of 2000 for certain purposes
163.— …
(3) Notwithstanding the repeal of paragraph (a) of subsection (1) of section 181 of the Act of 2000 by section 6, this Act shall not apply to development—
(a) of a class specified in regulations under that paragraph, and
(b) that was commenced before that repeal,
and accordingly the said section 181 and sections 181A, 181B and 181C of the Act of 2000 shall, on and after that repeal, continue to apply and have effect in relation to such development.
C267
"Proposed development" construed (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(2) 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.
C268
Transitional arrangements provided (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(1)(b)(i), in effect as per reg. 2(1).
Transitional arrangements
3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases: ...
(b) a request has been made, before 16 May 2017—
(i) under section 37D (1), 173(2)(a) or (3)(a), 181C(3)(b) or 182E(3) of the Act of 2000, as so in force, for an opinion to be given or provided by the planning authority or the Board, as the case may be, on the information required to be contained in an environmental impact statement relating to such development, or
...
(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.
(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.
(4) In this Regulation—
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Regulations of 2001” means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Editorial Notes:
E441
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E442
Previous affecting provision: subs. (3)(a) amended (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 62, S.I. No. 475 of 2011; para. (a) substituted (20.12.2022) as per F-note above.
Cables, wires and pipelines.
182.—(1) A local authority may, with the consent of the owner and occupier of any land not forming part of a public road, place, construct or lay, as may be appropriate, cables, wires or pipelines (including water pipes, sewers or drains) and any ancillary apparatus on, under or over the land, and may, from time to time, inspect, repair, alter, renew or remove any such cables, wires or pipelines.
F1029[(1A) A local authority shall not be eligible to apply for approval referred to in subsection (1) for development on a maritime site, and no such approval shall be given to a local authority, unless the local authority—
(a) is the holder of a maritime area consent granted for the occupation of the maritime site for the purposes of the proposed development,
(b) is the owner of land on which it is proposed to carry out the development concerned, or
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]
(2) A local authority may, with the consent of the owner and of the occupier of any structure, attach to the structure any bracket or other fixture required for the carrying or support of any cable, wire or pipeline placed, erected or constructed under this section.
(3) A local authority may erect and maintain notices indicating the position of cables, wires or pipelines placed, erected or constructed under this section and may, with the consent of the owner and of the occupier of any structure, affix such a notice to the structure.
(4) Subsections (1) to (3) shall have effect subject to the proviso that—
(a) a consent for the purposes of any of them shall not be unreasonably withheld,
(b) if the local authority considers that such a consent has been unreasonably withheld, it may appeal to the Board, and
(c) if the Board determines that such a consent was unreasonably withheld, it shall be treated as having been given.
(5) The local authority may permit the use of any cables, wires or pipelines placed, erected or constructed under this section and of any apparatus incidental to the cables, wires or pipelines subject to such conditions and charges as it considers appropriate.
Annotations
Amendments:
F1029
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 46, S.I. No. 488 of 2022.
Modifications (not altering text):
C269
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 275(12), not commenced as of date of revision.
Cables, wires and pipelines (land)
275.— …
(12) (a) A consent referred to in section 182 of the Act of 2000 given, before the repeal of that section by section 6, by the owner or the owner and the occupier, as the case may be, of land shall be deemed to be a consent under subsection (4) given by that owner or that owner and that occupier, as may be appropriate.
(b) Notwithstanding the repeal of section 182 of the Act of 2000 by section 6 , the said section 182 shall continue to apply and have effect on and after that repeal for the purposes of an appeal brought under paragraph (b) of subsection (4) of the said section 182 before that repeal.
C270
Application of section extended and references construed (31.12.2007) by Water Services Act 2007 (30/2007), s. 41(12), S.I. No. 846 of 2007.
Installation of pipes.
41.— ...
(12) Section 182 of the Act of 2000 shall apply to a water services authority for the purposes of this Act, and any references to a local authority in the said section or in Part XIV or related Parts of the Act of 2000 shall be deemed to be a reference to a water services authority for the purposes of this Act.
...
F1030[Electricity transmission lines.
182A.—(1) F1031[Subject to subsection (1B) and section 182AA, where] a person (hereafter referred to in this section as the "undertaker") intends to carry out development comprising or for the purposes of electricity transmission, (hereafter referred to in this section and section 182B as "proposed development"), the undertaker shall prepare, or cause to be prepared, an application for approval of the development under section 182B and shall apply to the Board for such approval accordingly.
F1032[(1A) An undertaker shall not be eligible to apply for approval referred to in subsection (1) for development in a maritime site and no such approval shall be given to him or her, unless he or she—
(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) is the owner of land F1033[in the maritime area] on which it is proposed to carry out the development concerned, or
(c) makes the application with the consent, or on behalf, of the owner of land F1033[in the maritime area] on which it is proposed to carry out the development concerned.]
F1033[(1B) (a) Subject to paragraph (b), the proposed development shall not include any development (which may be all or part of such proposed development and which is referred to in this subsection as the "development concerned") in the maritime area where a licence (referred to in this subsection as the "licence concerned") under section 3 of the Act of 1933 has been granted, on or before the commencement of section 246 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, in respect of the development concerned.
(b) Where the proposed development required, as appropriate—
(i) an environmental impact assessment,
(ii) an appropriate assessment, or
(iii) both an environmental impact assessment and an appropriate assessment,
to be carried out, paragraph (a) shall not apply to the development concerned unless that assessment was, or those assessments were, as the case may be, carried out before the grant of the licence concerned.
(c) Where paragraph (a) applies to the development concerned, the provisions of section 3 of the Act of 1933 relevant to the licence concerned shall be deemed to apply to the carrying out of the proposed development.]
(2) In the case of development referred to in subsection (1) which belongs to a class of development identified for the purposes of section 176, the undertaker shall prepare, or cause to be prepared, an F1034[F1035[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] in respect of the development.
(3) The proposed development shall not be carried out unless the Board has approved it with or without modifications.
(4) Before an undertaker makes an application under subsection (1) for approval, it shall—
(a) publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—
(i) stating that—
(I) it proposes to seek the approval of the Board for the proposed development,
(II) in the case of an application referred to in subsection (1)(a), an F1034[F1036[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] has been prepared in respect of the proposed development, and
(III) where relevant, the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or other party to the Transboundary Convention,
(ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the application and any F1034[F1037[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),
(iii) inviting the making, during such period, of submissions and observations to the Board relating to—
(I) the implications of the proposed development for proper planning and sustainable development in the area or areas concerned, and
(II) the likely F1034[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development,
if carried out, and
(iv) specifying the types of decision the Board may make, under section 182B, in relation to the application,
F1038[(v) stating that a person may question the validity of a decision of 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) and
(vi) stating where practical information on the review mechanism can be found.]
F1039[(aa) comply with section 172B,]
(b) send a copy of the application and any F1034[F1040[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] to the local authority or each local authority in whose functional area the proposed development would be situate and to the prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—
(i) the implications of the proposed development for proper planning and sustainable development in the area or areas concerned, and
(ii) the likely F1034[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development,
if carried out, and
(c) where the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or a state which is a party to the Transboundary Convention, send a prescribed number of copies of the application and the F1041[environmental impact assessment report] to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board.
(5) The Board may—
(a) if it considers it necessary to do so, require an undertaker that has applied for approval for a proposed development to furnish to the Board such further information in relation to—
(i) the F1034[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development, or
(ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said development of such development,
as the Board may specify, or
(b) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the statutory undertaker that it is of that view and invite the undertaker to make to the terms of the proposed development alterations specified in the notification and, if the undertaker makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a F1034[F1042[revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] in respect of it.
(6) If an undertaker makes the alterations to the terms of the proposed development specified in a notification given to it under subsection (5), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section and section 182B.
(7) The Board shall—
(a) where it considers that any further information received pursuant to a requirement made under subsection (5)(a) contains significant additional data relating to—
(i) the likely F1034[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development, and
(ii) the likely consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said development of such development,
or
(b) where the undertaker has made the alterations to the terms of the proposed development specified in a notification given to it under subsection (5)(b),
require the undertaker to do the things referred to in subsection (8).
(8) The things which an undertaker shall be required to do as aforesaid are—
(a) to publish in one or more newspapers circulating in the area or areas in which the proposed development would be situate a notice stating that, as appropriate—
(i) further information in relation to the proposed development has been furnished to the Board, or
(ii) the undertaker has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a F1034[F1043[revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] in respect of the development has been furnished to the Board,
indicating the times at which, the period F1044[(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)] during which and the place, or places, where a copy of the information or the F1034[F1045[information or the revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] referred to in subparagraph (i) or (ii) may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy) and that submissions or observations in relation to that F1046[information, report or statement] may be made to the Board before the expiration of the indicated period, and
(b) to send to each prescribed authority to which a notice was given pursuant to subsection (4)(b) or (c)—
(i) a notice of the furnishing to the Board of, as appropriate, the further information referred to in paragraph (a)(i) or the F1047[information, report or statement] referred to in paragraph (a)(ii), and
(ii) a copy of that further information, F1048[information, report or statement],
and to indicate to the authority that submissions or observations F1049[in relation to that further information, information, report or statement] may be made to the Board before the expiration of a period F1050[(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)] beginning on the day on which the notice is sent to the prescribed authority by the undertaker.
F1051[(8A) The period provided for in subsection (8)(a) or (b) shall, in a case relating to an environmental impact assessment report, not be less than—
(a) 30 days where the report has been furnished to the Board, and
(b) 3 weeks where the report has not been furnished to the Board.]
(9) In this section "transmission", in relation to electricity, shall be construed in accordance with section 2(1) of the Electricity Regulation Act 1999 but, for the purposes of this section, the foregoing expression, in relation to electricity, shall also be construed as meaning the transport of electricity by means of—
(a) a high voltage line where the voltage would be 110 kilovolts or more, or
(b) an interconnector, whether ownership of the interconnector will be vested in the undertaker or not.]
Annotations
Amendments:
F1030
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 4, S.I. No. 684 of 2006.
F1031
Substituted (31.12.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 246(a), S.I. No. 653 of 2023.
F1032
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 47, S.I. No. 488 of 2022.
F1033
Inserted (31.12.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 246(b), (c), S.I. No. 653 of 2023.
F1034
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 39, S.I. No. 474 of 2011.
F1035
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. 101, in effect as per reg. 2(1).
F1036
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. 102, in effect as per reg. 2(1).
F1037
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. 103, in effect as per reg. 2(1).
F1038
Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 10(e).
F1039
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 31(a), in effect as per reg. 2(1).
F1040
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. 104, in effect as per reg. 2(1).
F1041
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. 105, in effect as per reg. 2(1).
F1042
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. 106, in effect as per reg. 2(1).
F1043
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. 107, in effect as per reg. 2(1).
F1044
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 31(b)(i), in effect as per reg. 2(1).
F1045
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. 108, in effect as per reg. 2(1).
F1046
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. 109, in effect as per reg. 2(1).
F1047
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. 110, in effect as per reg. 2(1).
F1048
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. 111, in effect as per reg. 2(1).
F1049
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. 112, in effect as per reg. 2(1).
F1050
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 31(b)(ii), in effect as per reg. 2(1).
F1051
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 31(c), in effect as per reg. 2(1).
Modifications (not altering text):
C271
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 165, not commenced as of date of revision.
Continued operation of sections 182A, 182AA and 182B of Act of 2000 for certain purposes
165.—Where an application for approval was made under section 182A of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 182B of that Act in relation to the application before such repeal, the said sections 182A and 182B and section 182AA of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.
C272
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 276(13), not commenced as of date of revision.
Cables, wires and pipelines (maritime sites)
276.— …
(13) An approval referred to in subsection (1A) of section 182 of the Act of 2000 given before the repeal of that section by section 6 for development on a maritime site shall be deemed to be a consent under subsection (5) given by that owner or that owner and occupier, as may be appropriate.
Editorial Notes:
E443
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E444
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E445
Power pursuant to section exercised (21.12.2006) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E446
Previous affecting provision: similar amendments to those made by 2011 Act made by Planning and Development (Amendment) Act 2010 (30/2010), s. 63, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
F1052[Disapplication of section 182A of Act of 2000
182AA.—Section 182A shall not apply to development comprising or for the purposes of electricity transmission where such development is the subject of an application for permission made to the Board under section 291.]
Annotations
Amendments:
F1052
Inserted (31.12.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023, s. 247, S.I. No. 653 of 2023.
Modifications (not altering text):
C273
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 165, not commenced as of date of revision.
Continued operation of sections 182A, 182AA and 182B of Act of 2000 for certain purposes
165.—Where an application for approval was made under section 182A of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 182B of that Act in relation to the application before such repeal, the said sections 182A and 182B and section 182AA of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.
Editorial Notes:
E447
The section heading is taken from the amending section in the absence of one included in the amendment.
F1053[Section 182A: criteria for decision, certain exemptions, etc.
182B.—(1) Before making a decision in respect of a proposed development the subject of an application under section 182A, the Board shall consider—
(a) the F1054[F1055[environmental impact assessment report or Natura impact statement or both that report and that statement] as the case may be] submitted pursuant to section 182A(1) or (5), any submissions or observations made in accordance with section 182A(4) or (8) and any other information furnished in accordance with section 182A(5) relating to—
(i) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the proposed development of such development, and
(ii) the likely F1054[effects on the environment or adverse effects on the integrity of a European site as the case may be] of the proposed development,
and
(b) the report and any recommendations of a person conducting any oral hearing relating to the proposed development.
F1056[(2)(a) The Board may take the action specified in paragraph (b) where it is satisfied that—
(i) exceptional circumstances so warrant,
(ii) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and
(iii) the objectives of the Environmental Impact Assessment Directive are otherwise met.
(b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 182A(2) to prepare an environmental impact assessment report.
(c) No exemption may be granted under paragraph (b) in respect of the proposed development where another Member State of the European Union or a state which is a party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it wishes to furnish views on those effects.]
(3) The Board shall, in granting an exemption under subsection (2), consider whether—
(a) F1054[the effects, if any of the proposed development on the environment or adverse effects, if any, of the proposed development on the integrity of a European site] should be assessed in some other manner, and
(b) the information arising from such an assessment should be made available to the members of the public,
and it may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.
(4) Notice of any exemption granted under subsection (2), of the reasons for granting the exemption, and of any requirements applied under subsection (3) shall, as soon as may be—
(a) be published in Iris Oifigiúil and in at least one daily newspaper published in the State, and
(b) be given, together with a copy of the information, if any, made available to the members of the public in accordance with subsection (3) to the Commission of the European Communities.
(5) F1057[The Board shall, in respect of an application under section 182A for approval of the proposed development, make its decision within a reasonable period of time and may, in respect of such application]—
(a) approve the proposed development,
(b) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,
(c) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or
(d) refuse to approve the proposed development,
and may attach to an approval under paragraph (a), (b) or (c) F1058[, subject to subsection (5D),] such conditions as it considers appropriate.
F1059[(5A) A decision of the Board under subsection (5) shall state—
(a) the main reasons and considerations on which the decision is based,
F1060[(aa) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,
(ab) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,]
(b) where conditions are attached under subsection (5) or (6) the main reasons for attaching them,
F1061[(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for approval on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,
(bb) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, that the Board 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,]
(c) the sum and direct the payment of the sum to be paid to the Board towards the costs incurred by the Board of—
(i) giving a written opinion in compliance with a request under section 182E(3) (inserted by section 4 of the Act of 2006),
(ii) conducting consultations under section 182E, and
(iii) determining the application made under section 182A (inserted by section 4 of the Act of 2006) under this section,
and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of the sum to any planning authority that incurred costs during the course of consideration of that application and to any other person as a contribution to the costs incurred by that person during the course of consideration of that application (each of which the sums the Board may, by virtue of this subsection, require to be paid).
F1062[(5AA) A decision of the Board under subsection (5) and the notification of the decision shall include a summary of the results of 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.]
(5B) A reference to costs in subsection (5A)(c) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.
(5C) A notice of a decision given under subsection (5) shall be furnished to the applicant as soon as may be after it is given but shall not become operative until any requirement under subsection (5A)(c) in relation to the payment by the applicant of a sum in respect of costs has been complied with.
(5D) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement under subsection (5A)(c), the Board, the planning authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.]
F1058[(5E) Where the Board approves development under subsection (5) on foot of an application accompanied by an opinion issued by the Board under section 182G(2) it shall attach a condition in respect of any detail of the development that was not confirmed at the time of the application requiring—
(a) the actual detail to fall within specified options or parameters or a combination of options and parameters, and
(b) the applicant to notify the planning authority in whose functional area or areas the development is situated in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.]
(6) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under subsection (5)(a), (b) or (c) a condition requiring—
(a) the construction or the financing, in whole or in part, of the construction of a facility, or
(b) the provision or the financing, in whole or in part, of the provision of a service,
in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.
(7) A condition attached pursuant to subsection (6) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval under this section operates of the benefits likely to accrue from the grant of the approval.
(8) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications under section 182A for approval F1058[including applications accompanied by an opinion under section 182G(2)].
(9) Without prejudice to the generality of subsection (8), regulations under that subsection may require the Board to give information in respect of its decision regarding the proposed development for which approval is sought.
(10) In considering under subsection (1) information furnished relating to the likely consequences for proper planning and sustainable development of a proposed development in the area in which it is proposed to situate such development, the Board shall have regard to—
F1063[(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,]
F1064[(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,]
(b) the provisions of any special amenity area order relating to the area,
(c) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,
(d) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact,
(e) the matters referred to in section 143, and
(f) the provisions of this Act and regulations under this Act where relevant.
(11) (a) No permission under F1063[section 34, 37G or 293] shall be required for any development which is approved under this section.
(b) Part VIII shall apply to any case where development referred to in section 182A(1) is carried out otherwise than in compliance with an approval under this section or any condition to which the approval is subject as it applies to any unauthorised development with the modification that a reference in that Part to a permission shall be construed as a reference to an approval under this section.
(12) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section to the area in which the proposed development would be situated includes, if the context admits, a reference to the 2 or more areas in which the proposed development would be situated and cognate references shall be construed accordingly.]
Annotations
Amendments:
F1053
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 4, S.I. No. 684 of 2006.
F1054
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 64(a) and (b), S.I. No. 405 of 2010.
F1055
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. 113, in effect as per reg. 2(1).
F1056
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 32(a), in effect as per reg. 2(1).
F1057
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 32(b), in effect as per reg. 2(1).
F1058
Inserted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 35(a)-(c), S.I. No. 645 of 2023.
F1059
Inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 64(c), S.I. No. 405 of 2010.
F1060
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 32(c)(i), in effect as per reg. 2(1).
F1061
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 32(c)(ii), in effect as per reg. 2(1).
F1062
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 32(d), in effect as per reg. 2(1).
F1063
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 48, S.I. No. 488 of 2022.
F1064
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 48, S.I. No. 488 of 2022.
Modifications (not altering text):
C274
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 165, not commenced as of date of revision.
Continued operation of sections 182A, 182AA and 182B of Act of 2000 for certain purposes