Planning and Development Act 2000
Number 30 of 2000
PLANNING AND DEVELOPMENT ACT 2000
REVISED
Updated to 24 September 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 Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Planning and Development Act 2000 (Section 181(2)(a)) (No. 3) Order 2024 (S.I. No. 481 of 2024), made 24 September 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 24 September 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. |
|
20C. |
Regional Spatial and Economic Strategy
28. |
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29. |
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30. |
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31. |
|
31A. |
Ministerial directions regarding regional planning strategy. |
Office of the Planning Regulator
Preliminary and General (Part IIB)
31K. |
Establishment, Organisation, Staffing etc.
31L. |
|
31M. |
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31N. |
|
31O. |
|
31P. |
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31Q. |
|
31R. |
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31S. |
Office to have regard to certain policies and objectives and to requirements |
31T. |
|
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. |
|
31AA. |
|
31AB. |
Membership of either House of Oireachtas, European Parliament or local authority |
31AC. |
|
31AD. |
Prohibition on disclosure of information relating to functions of Office |
31AE. |
Liability of Planning Regulator or member of staff for acts and omissions |
31AF. |
|
31AG. |
|
31AH. |
|
31AI. |
|
31AJ. |
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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. |
|
94. |
|
95. |
|
96. |
|
96A. |
Restoration of normal limit of duration for certain permissions. |
96B. |
Levy to be paid in consideration of restoration effected by section 96A. |
97. |
|
98. |
Allocation of affordable housing. (Repealed) |
99. |
Controls on resale of certain houses. (Repealed) |
100. |
Regulations under this Part. (Repealed) |
101. |
Establishment and Constitution
102. |
|
103. |
|
104. |
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105. |
|
105A. |
|
106. |
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107. |
|
107A. |
General power of deputy chairperson to perform functions of chairperson where office is vacant. |
108. |
109. |
|
110. |
Chairperson to ensure efficient discharge of business of Board, etc. |
111. |
|
112. |
|
112A. |
|
113. |
Prohibition on disclosure of information relating to functions of Board. |
114. |
Prohibition of certain communications in relation to appeals, etc. |
115. |
Indemnification of members and employees of Board and other persons. |
116. |
|
117. |
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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. |
|
126B. |
Consequences of non-compliance with time limits for LRD appeals. |
127. |
|
128. |
Submission of documents, etc. to Board by planning authorities. |
129. |
|
130. |
|
131. |
|
132. |
|
133. |
Powers of Board where notice served under section 131 or 132. |
134. |
|
134A. |
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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. |
|
146. |
Additional powers of Board in relation to permissions, decisions, approvals, etc.
147. |
|
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. |
|
166. |
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167. |
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168. |
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169. |
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170. |
|
170A. |
|
171. |
Environmental Impact Assessment
177A. |
|
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. |
|
177F. |
|
177G. |
|
177H. |
|
177I. |
|
177J. |
Draft direction and direction to cease activity or operations. |
177K. |
|
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. |
|
177O. |
|
177P. |
Supplementary provisions relating to an application for substitute consent. |
177Q. |
Development by Local and State Authorities, etc.
183. |
|
184. |
|
185. |
|
186. |
|
187. |
|
188. |
|
189. |
Recovery by planning authority of compensation on subsequent development. |
Compensation in relation to decisions under Part III
190. |
|
191. |
|
192. |
|
193. |
Special provision for structures substantially replacing structures demolished or destroyed by fire. |
194. |
Restriction on assignment of compensation under section 190. |
195. |
Compensation in relation to sections 46, 85, 88, 182, 207 and 252
196. |
|
197. |
|
198. |
Compensation claim relating to area of special planning control. |
199. |
|
200. |
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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. |
|
207. |
|
208. |
Supplemental provisions with respect to public rights of way. |
209. |
Repair and tidying of advertisement structures and advertisements. |
224. |
Definition. Repealed |
225. |
Obligation to obtain permission in respect of development on foreshore. |
226. |
|
227. |
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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. |
|
251. |
Calculation of appropriate period and other time limits over holidays. |
251A. |
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252. |
|
253. |
|
254. |
|
255. |
|
256. |
Amendment of Environmental Protection Agency Act, 1992. (Repealed) |
257. |
|
258. |
Limitation on connection to sanitary authority sewers. (Repealed) |
259. |
Limitation of section 53 of the Waterworks Clauses Act, 1847. (Repealed) |
260. |
|
261. |
|
261A. |
|
262. |
Commencement, Repeals and Continuance
263. |
|
264. |
|
265. |
|
266. |
|
267. |
Transitional provisions respecting compulsory acquisition of land. |
268. |
|
268A. |
Transitional provisions consequent on the Local Government Reform Act 2014. |
269. |
|
270. |
|
270A. |
271. |
|
272. |
Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority. |
273. |
|
274. |
|
275. |
|
276. |
|
277. |
278. |
|
278A. |
Disapplication of Chapters II and III of Part XXI of Act of 2000 |
279. |
|
279A. |
Certain Development in Nearshore Area
280. |
|
281. |
|
282. |
Consideration by planning authority of application for permission for development |
283. |
Other Development in Maritime Area
Manner of Application of Certain Provisions to Maritime Area
307. |
|
308. |
Disapplication of certain provisions of Act in relation to maritime area |
309. |
|
310. |
Construction of references to proper planning and sustainable development |
311. |
|
312. |
|
313. |
|
314. |
|
315. |
|
316. |
|
317. |
|
318. |
|
319. |
|
320. |
Consultation by coastal planning authority with Maritime Area Regulatory Authority |
321. |
Consultation by Board with Maritime Area Regulatory Authority |
Purposes for which objectives may be indicated in Development Plan
Location and Pattern of Development
Control of Areas and Structures
Rules for the Determination of the Amount of Compensation
Development in Respect of which a Refusal of Permission will not Attract Compensation
Reasons for the Refusal of Permission which Exclude Compensation
Conditions which May be Imposed, on the Granting of Permission to Develop Land, without Compensation
Infrastructure Developments for the purposes of sections 37A and 37B
Classes of Development specified for purposes of Chapter III of Part XXI
Relevant provisions for purposes of section 309
Relevant provisions for purposes of section 312
Relevant provisions for purposes of section 313
Acts Referred to |
||
Acquisition of Land (Assessment of Compensation) Act, 1919 |
9 & 10 Geo. c. 5 |
|
Air Pollution Act, 1987 |
||
Capital Acquisitions Tax Act, 1976 |
||
Casual Trading Act, 1995 |
||
City and County Management (Amendment) Act, 1955 |
||
Civil Service Regulation Act, 1956 |
||
Companies Act, 1963 |
||
Companies Act, 1990 |
||
Companies Acts, 1963 to 1999 |
||
County Management Acts, 1940 to 1994 |
||
Derelict Sites Act, 1990 |
||
Dublin Docklands Development Authority Act, 1997 |
||
Environmental Protection Agency Act, 1992 |
||
Ethics in Public Office Act, 1995 |
||
European Communities Act, 1972 |
||
European Parliament Elections Act, 1997 |
||
Foreshore Act, 1933 |
||
Foreshore Acts, 1933 to 1998 |
||
Freedom of Information Act, 1997 |
||
Harbours Act, 1946 |
||
Health Act, 1970 |
||
Holidays (Employees) Act, 1973 |
||
Housing Act, 1966 |
||
Housing Act, 1988 |
||
Housing Acts, 1966 to 1998 |
||
Housing (Miscellaneous Provisions) Act, 1992 |
||
Housing of the Working Classes Act, 1890 |
53 & 54 Vict. c. 70 |
|
Housing (Traveller Accommodation) Act, 1998 |
||
Land Reclamation Act, 1949 |
||
Landlord and Tenant Acts, 1967 to 1994 |
||
Lands Clauses Consolidation Act, 1845 |
8 Vict. c. 18 |
|
Local Authorities (Officers and Employees) Act, 1926 |
||
Local Government Act, 1925 |
||
Local Government Act, 1941 |
||
Local Government Act, 1946 |
||
Local Government Act, 1955 |
||
Local Government Act, 1991 |
||
Local Government Act, 1994 |
||
Local Government (Ireland) Act, 1898 |
61 & 62 Vict. c. 37 |
|
Local Government (No. 2) Act, 1960 |
||
Local Government (Planning and Development) Act, 1963 |
||
Local Government (Planning and Development) Act, 1976 |
||
Local Government (Planning and Development) Act, 1982 |
||
Local Government (Planning and Development) Act, 1983 |
||
Local Government (Planning and Development) Act, 1990 |
||
Local Government (Planning and Development) Act, 1992 |
||
Local Government (Planning and Development) Act, 1993 |
||
Local Government (Planning and Development) Act, 1998 |
||
Local Government (Planning and Development) Act, 1999 |
||
Local Government (Planning and Development) Acts, 1963 to 1999 |
||
Local Government (Sanitary Services) Act, 1962 |
||
Local Government (Sanitary Services) Act, 1964 |
||
Local Government (Sanitary Services) Act, 1878 to 1995 |
||
Local Government (Water Pollution) Act, 1977 |
||
Mines and Quarries Act, 1965 |
||
Ministers and Secretaries (Amendment) Act, 1956 |
||
National Monuments Acts, 1930 to 1994 |
||
National Monuments (Amendment) Act, 1987 |
||
Petty Sessions (Ireland) Act, 1851 |
14 & 15 Vict. c. 93 |
|
Property Values (Arbitration and Appeals) Act, 1960 |
||
Public Health (Ireland) Act, 1878 |
41 & 42 Vict. c. 52 |
|
Registration of Title Act, 1964 |
||
Roads Act, 1993 |
||
Roads Acts, 1993 and 1998 |
||
Roads (Amendment) Act, 1998 |
||
State Property Act, 1954 |
||
Town and Regional Planning Act, 1934 |
||
Urban Renewal Act, 1998 |
||
Vocational Education Act, 1930 |
||
Waste Management Act, 1996 |
||
Water Supplies Act, 1942 |
||
Waterworks Clauses Act, 1847 |
10 & 11 Vict. c. 17 |
|
Wildlife Act, 1976 |
Number 30 of 2000
PLANNING AND DEVELOPMENT ACT 2000
REVISED
Updated to 24 September 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
Modifications (not altering text):
C1
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. |
... |
... |
... |
C2
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.
...
C3
Application of Act restricted (11.11.2022) by Development (Emergency Electricity Generation) Act 2022 (35/2022), s. 3, S.I. No. 564 of 2022.
Disapplication of Planning and Development Act 2000 to designated development
3. None of the provisions of the Planning and Development Act 2000 shall apply to the designated development.
C4
Application of Act restricted (23.06.2022) by European Union (Planning and Development) (Displaced Persons From Ukraine Temporary Protection) Regulations 2022 (S.I. No. 306 of 2022), reg. 3 and sch.
3. (1) The Act of 2000 (other than sections 181A to 181C) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period for the purposes of providing temporary protection to displaced persons.
(2) A reference to “proposed development” in sections 181A to 181C of the Act of 2000 shall include a reference to development of a class specified in the Schedule to which section 181A(1) of the Act of 2000 would apply if it was development of a class specified in regulations made under section 181(1)(a) of the Act of 2000.
SCHEDULE
Article 3
1. Reception and integration facilities.
2. Residential accommodation, including ancillary recreational and sporting facilities.
3. Medical and other health and social care accommodation.
4. Education and childcare facilities, including ancillary recreational and sporting facilities.
5. Emergency management coordination facilities.
6. Structures or facilities ancillary to development referred to in paragraphs 1 to 5, including administration and storage facilities.
7. Infrastructure and other works ancillary to development referred to in paragraphs 1 to 6.
C5
Previous affecting provision: application of Act restricted (27.03.2020 to 31.03.2022) by Planning and Development Act 2000 (Section 181) Regulations 2020 (S.I. No. 93 of 2020), ceased (10.02.2022) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 1(a), (b), commenced as per s. 5(2). .
2. In these Regulations “relevant period” means the period commencing on the making of these Regulations and ending on the day on which Part 3 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020) ceases to have effect by virtue of subsection (3) of section 2 of that Act.
3. The Planning and Development Act 2000 (other than section 181) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period.
SCHEDULE
Classes of development to which Planning and Development Act 2000 (other than section 181) shall not apply
acute and other health and social care accommodation
self-isolation or other Covid-19 related short stay accommodation
Covid-19 and other step down accommodation
medical testing centre or laboratory
emergency management coordination facilities
mortuary facilities
ancillary and other accommodation including storage facilities
ancillary infrastructure and other works to support the above development
C6
Application of Act extended (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 20(2), S.I. No. 403 of 2019.
Noise insulation scheme
20. ...
(2) Subject to subsection (3), on and after the relevant day, a scheme shall be deemed to be a noise mitigation measure introduced by the competent authority and the provisions of this Act and the Act of 2000 shall, with all necessary modifications, apply to the scheme accordingly.
(3) On and after the relevant day, the competent authority shall ensure that the scheme applies to all homes located within the relevant noise contours.
C7
Certain functions transferred to Cork City Council as a result of the Cork City and Council areas boundary alteration (31.01.2019) by Local Government Act 2019 (1/2019), s. 31, S.I. No. 20 of 2019.
Planning applications and development contribution schemes
31. (1) For the purposes of the Act of 2000 or any instrument under that Act and subject to subsection (2), the county council shall, after the transfer day, be the planning authority in relation to any planning application made before the transfer day in respect of development or proposed development in the relevant area.
(2) (a) Subject to paragraph (b), the functions of a planning authority under the Act of 2000 shall, as respects—
(i) a decision under section 34 of that Act, or
(ii) a determination under section 37 of that Act,
made before the transfer day in relation to development or proposed development in the relevant area, be performable from that day by the city council.
(3) Any contribution—
(a) paid before the transfer day in accordance with section 49 of the Act of 2000 for the purpose of any public infrastructure service or project in the relevant area, and
(b) vested in the city council under Part 2,
shall be expended by the city council for that purpose.
(4) Any development contribution scheme under section 48 of the Act of 2000 or supplementary development contribution scheme under section 49 of that Act made by the city council shall, from the transfer day, apply to the relevant area as it applies to the rest of the functional area of the city council.
...
C8
Application of collectively cited Planning and Development Acts 2000 to 2016 restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 4(1), S.I. No. 270 of 2017.
Strategic housing developments and planning applications
4. (1) Subject to subsection (4), during the specified period and notwithstanding anything to the contrary contained in any other provision of the Planning and Development Acts 2000 to 2016—
(a) an application for permission for a strategic housing development shall—
(i) be made to the Board under this section and not to a planning authority, other than an application for permission, the purpose of which is as set out in section 34(3A) of the Act of 2000,
(ii) be so made only where section 6(7)(b) applies or, in the case that a request is made under section 7(1), when the Board has complied with the request pursuant to section 7(2),
(iii) be so made only where the applicant for permission has fulfilled the requirements set out in section 8,
(iv) be in such form and contain such information as is prescribed, and
(v) be accompanied by the appropriate fee,
and
(b) a copy of the application, shall be sent by the applicant to the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated.
...
C9
Certain functions of Board restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 11(3), S.I. No. 270 of 2017.
Strategic Housing Division
11. ...
(3) The Strategic Housing Division shall, subject to subsections (8), (9) and (10), determine any matter falling to be determined by the Board under the Planning and Development Acts 2000 to 2016 in relation to strategic housing development other than development to which section 4 (4) relates.
...
C10
Act applied with modifications (8.02.2016) by Dublin Transport Authority Act 2008 (15/2008), s. 44(6)(iii), as substituted by Public Transport Act 2016 (3/2016), s. 1(b)(iii), commenced on enactment.
Functions of Authority in relation to public transport infrastructure
44. —...
[(6) Where —
(a) a decision is made by the Authority under subsection (2)(b) or (5)(a) for the performance of a particular function otherwise than through a public transport authority or statutory body, or
(b) the Authority is performing its function of securing the provision of public transport infrastructure in accordance with subsection (2)(e),
the following provisions have effect —
(i) the Authority shall be empowered (notwithstanding any other enactment) to perform the function, including the acquisition of land for that purpose, and to do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of the function,
(ii) for the purpose of paragraph (a) or (b), land may be acquired by agreement or by means of a compulsory purchase order made by the Authority in accordance with Part XIV of the Act of 2000,
(iii) the provisions of any enactment concerned apply in relation to the performance of the function subject to such modifications as may be necessary and as if the Authority was named in such enactment in each place where a public transport authority or other statutory body entitled to exercise the function is named, and
...]
C11
Functions to be performed by municipal district members and local authorities prescribed (1.06.2014) by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A parts 1-3, as inserted by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.
SCHEDULE 14A
Section 131 and 131A
PART 1
Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members
Reference No. (1) |
Description of reserved function (2) |
Provision under which reserved function is conferred (3) |
... |
... |
... |
30 |
Making, or refusing to make, or revocation or amendment of, a tree preservation order. |
Section 205 of the Act of 2000.
|
... |
... |
... |
PART 2
Reserved Functions that May be Performed under Section 131A(1) (b) in Respect of a Municipal District by Municipal District Members or the Local Authority
Reference No. (1) |
Description of reserved function (2) |
Provision under which reserved function is conferred (3) |
... |
... |
... |
11 |
Approving a proposal of the chief executive to grant permission for the development of land which would contravene materially the development plan or local area plan. |
Section 34 (as amended by Schedule 2 to the Local Government Reform Act 2014) of the Act of 2000.
|
12 |
A decision in relation to the making, amendment or revocation of a local area plan within the meaning of the Act of 2000. |
Section 20 (as amended by section 9 of the Planning and Development (Amendment) Act 2002 and section 13 of the Planning and Development (Amendment) Act 2010 ) of the Act of 2000. |
13 |
The making of an addition to, or a deletion from, a record of protected structures to which Part IV of the Act of 2000 relates. |
Section 54 of the Act of 2000. |
14 |
Approving, amending or revoking a special planning control scheme. |
Section 85 and 86 of the Act of 2000. |
15 |
Deciding to vary or modify a proposed local authority own development, or deciding not to proceed with the development. |
Section 179 of the Act of 2000. |
16 |
Making, or refusing to make an order creating a public right of way over any land. |
Section 207 of the Act of 2000. |
17 |
Deciding to vary or modify, or not to proceed with, an event proposed to be carried out by a local authority. |
Section 238 of the Act of 2000. |
... |
... |
... |
PART 3
Reserved Functions to be Performed by the Local Authority
Reference No. (1) |
Description of reserved function (2) |
Provision under which reserved function is conferred (3) |
... |
... |
... |
32 |
Making an order to declare an area to be an area of special amenity. |
Section 202 of the Act of 2000.
|
33 |
Making, or refusing to make, or revocation or amendment of, an order designating any area or place as a landscape conservation area. |
Section 204 of the Act of 2000. |
... |
... |
... |
52 |
The making and amending of a scheme which determines the order of priority for allocation of affordable houses provided under Part V of the Planning and Development Act 2000 . |
Section 98 of the Act of 2000. |
... |
... |
... |
69 |
The making of a development plan and making or refusing to make a variation of a development plan which for the time being is in force. |
Sections 9, 12 and 13 of the Act of 2000. |
70 |
The revocation or modification of a permission to develop land if the development to which the permission relates no longer conforms with the provisions of the development plan. |
Section 44 of the Act of 2000. |
71 |
Making a development contribution scheme. |
Section 48 of the Act of 2000. |
72 |
Making or amending a supplementary development contribution scheme. |
Section 49 of the Act of 2000. |
73 |
Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones. |
Section 169 (as amended by section 51 of the Planning and Development (Amendment) Act 2010 ) of the Act of 2000. |
74 |
Amending or revoking a planning scheme for strategic development zones. |
Section 171 of the Act of 2000. |
75 |
Adoption by a planning authority of a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business. |
Section 150 of the Act of 2000. |
76 |
Making or terminating of an agreement by two or more planning authorities for sharing the cost of performing functions under the Planning and Development Act 2000 . |
Section 244 of the Act of 2000. |
... |
... |
... |
C12
References to a “sanitary authority” construed as “Irish Water” (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), ss. 6, 7(4), S.I. No. 575 of 2013.
Transfer day
6.— The Minister shall, by order, appoint a day to be the transfer day for the purposes of this Act.
Transfer of functions from water service authorities to Irish Water
7.— ...
(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.
...
C13
References to “county council”, “city council”, “town council” and “regional assemblies” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 9(2), 25(2) and 62(2), S.I. No. 214 of 2014.
Cesser and amalgamation of certain local government areas
9.— ...
(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—
(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and
(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.
...
Dissolution of town councils — consequential provisions
25.— ...
(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—
(a) has not been repealed or otherwise provided for by this Act, or
(b) is neither spent nor obsolete,
shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.
...
Regional assemblies
62.— ...
(2) The bodies established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 (S.I. No. 226 of 1999) which are subsisting at the commencement of this section shall upon such commencement continue in being until dissolved or replaced under a provision of an establishment order and be known or continue to be known, as the case may be, as regional assemblies and accordingly—
(a) subject to paragraph (b) that order shall continue to apply to each of them as it applied before such commencement and that order may be amended or revoked under this section,
(b) references in any enactment to regional authorities within the meaning of section 43 (as amended by this Act) of the Local Government Act 1991 shall, where the context admits, be read as references to regional assemblies,
...
C14
Application of Act extended (29.03.2013) by Water Services Act 2013 (6/2013), s. 21(2), S.I. No. 108 of 2013.
Installation of pipes.
21.— ...
(2) For the avoidance of doubt, the provisions of the Planning and Development Act 2000 shall apply to a metering authority as, by virtue of subsection (12) of section 41 of the Act of 2007, they apply to a water services authority.
C15
Provision made as to costs of proceedings under Act (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 6, 7, S.I. No. 433 of 2011, art. 2(a).
Costs of proceedings to be borne by each party in certain circumstances.
3.— (1) Notwithstanding anything contained in any other enactment or in— ...
and subject to subsections (2), (3) and (4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.
(2) The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that he or she succeeds in obtaining relief and any of those costs shall be borne by the respondent, or as the case may be, defendant or any notice party, to the extent that the acts or omissions of the respondent, or as the case may be, defendant or any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining relief.
(3) A court may award costs against a party in proceedings to which this section applies if the court considers it appropriate to do so—
(a) where the court considers that a claim or counter-claim by the party is frivolous or vexatious,
(b) by reason of the manner in which the party has conducted the proceedings, or
(c) where the party is in contempt of the court.
(4) Subsection (1) does not affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.
(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section applies, a reference to the District Court, the Circuit Court, the High Court or the Supreme Court, as may be appropriate.
C16
Application of Act restricted (24.12.2006) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 22(4), (5) and (6), commenced on enactment.
Certain development approvals under Part XI of Planning and Development Act 2000.
22.— ...
(4) Nothing in section 182C or any other provision of the Act of 2000 shall be read as meaning that, notwithstanding the permission granted under section 34 of the Act of 2000 in respect of that terminal before such commencement, a permission—
(a) under section 34 or 37G of the Act of 2000, and
(b) granted after the commencement of the amendments of that Act made by the Act of 2006,
is required, either in circumstances generally or in the circumstances referred to in subsection (5), in respect of the terminal referred to in subsection (6).
(5) The circumstances mentioned in subsection (4) are that an application is made under section 182C in relation to a development which, if it is carried out, will consist of the alteration or modification of the terms of the strategic gas infrastructure development referred to in subsection (6) other than the terms of that development that comprise the terminal referred to in that subsection.
(6) The terminal mentioned in subsections (4) and (5) is a terminal comprised in a strategic gas infrastructure development (within the meaning of the Act of 2000) the pipeline comprised in which development has been the subject of a consent referred to in subsection (3)(iii)(I).
C17
Application of Act restricted by Environmental Protection Agency Act 1992 (7/1992), s. 99F(1) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
[Application of other Acts.
99F.—(1) Notwithstanding section 34 of the Act of 2000, or any other provision of that Act, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 of that Act in respect of any development comprising or for the purposes of the activity, subject the permission to conditions which are for the purposes of—
(a) controlling emissions from the operation of the activity, including the prevention, elimination, limitation, abatement, or reduction of those emissions, or
(b) controlling emissions related to or following the cessation of the operation of the activity.
...]
C18
Powers and functions in relation to Act transferred (10.07.2002) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002), arts. 3, 4(1) and sch. part 1.
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Environment and Local Government.
(2) References to the Department of Community, Rural and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Environment and Local Government.
4. (1) The functions vested in the Minister for Community, Rural and Gaeltacht Affairs —
(a) by or under any of the instruments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,
(b) under the Regulations mentioned in Part 2 of that Schedule, and ...
are transferred to the Minister for the Environment and Local Government.
...
Schedule Part 1
Enactments and provisions of enactments, functions under which are transferred from the Minister for Community, Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government
...
Planning and Development Act 2000 (No. 30 of 2000) (in so far as it relates to or refers to the Minister for Community, Rural and Gaeltacht Affairs (except section 33 (3)(c)))
...
Part 2
Regulations, functions under which are transferred from the Minister for Community, Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government
Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) (in so far as they relate to or refer to the Minister for Community, Rural and Gaeltacht Affairs (except Article 28 (1)(n) Article 82 (3)(m), Article 121 (1)(m) and Article 179 (2)(p)))
...
C19
Application of Act restricted (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 39(4), commenced on enactment, as substituted (1.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 49(b), S.I. No. 684 of 2006.
[Environmental impact statement.
39.— ...
(4) The European Communities (Environmental Impact Assessment) Regulations 1989 to 2005 and the Act of 2000 and any regulation made thereunder in relation to environmental impact assessment shall not apply to anything done under an order made under this Act.]
Editorial Notes:
E1
Act designated a relevant enactment for purposes of calculation of emergency periods in relation to specified periods in Act and power to make emergency period orders provided (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 5(9)(c), commenced on enactment.
E2
Functions of Board under collectively cited Planning and Development Acts 2000 to 2016 in relation to certain developments assigned to Strategic Housing Division (3.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 11(3), (8), (9) and (10), S.I. No. 270 of 2017.
E3
Conditions, restrictions and other procedures in relation to the performance of reserved function by municipal district members forming part of an elected council provided (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014).
E4
Provision made to ensure measures are taken to secure appropriate provision for the management of waste by planning authorities and An Bord Pleanála in performing their functions under collectively cited Planning and Development Acts 2000 to 2002 by Waste Management Act 1996 (10/1996), s. 10D as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26, S.I. No. 393 of 2004.
E5
Previous affecting provision: 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.
F1[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:
F1
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—
F2["abstraction" has the same meaning as in the Water Environment (Abstractions and Associated Impoundments) Act 2022;]
F2["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;
F3["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;
F4["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;]
F4["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;
F4["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;
F4["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;
F4["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;
F5["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,
F6["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;]
F3["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;
F7["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;]
F4["core strategy" shall be construed in accordance with section 10 (inserted by section 7 of the Planning and Development (Amendment) Act 2010);]
F8[…]
“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);
F9["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;]
F10["EIA portal" means the website referred to in section 172A;]
F4["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;
F4["Environmental impact assessment" has the meaning given to it by section 171A;
F11["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;]]
F12["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;]
F5["European site" has the meaning given to it by section 177R of Part XAB;]
F13["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;
F4["flood risk assessment" means an assessment of the likelihood of flooding, the potential consequences arising and measures, if any, necessary to manage those consequences;]
F14["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;
F15["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;
F5["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;
F4["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);
F4["landscape" has the same meaning as it has in Article 1 of the European Landscape Convention done at Florence on 20 October 2000;
F16["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;
F17["local authority" means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]
F16["LRD" means large-scale residential development;]
F16["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;]
F16["LRD meeting" means a meeting in accordance with sections 32B and 32C;]
F16["LRD opinion" has the meaning given to it by section 32D;]
F16["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;
F5["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;]
F18[…]
F3["maritime area" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F3["maritime area consent" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F3["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;]
F3["maritime spatial plan" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F3["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;]
F19[“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;
F3["National Marine Planning Framework" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F3["national newspaper" has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F20["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;]
F4["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;]
F3["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;
F21["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;]
F3["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;
F22["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;
F3["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,
F23[(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” shalcl be construed accordingly;
F24["permission" means a permission granted under F25[section 34, 37G, 37N or 293], as appropriate;]
F25["permission regulations" means regulations under section 33, 37P, 172(2), 174 or 306;]
F5["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;]
F26["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;
F16["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;
F27[“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;
F28["referral" means a referral to the Board under section 5, 34(5), 37(5), 57, 96(5) or 193(2);]
F29["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;]
F30["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;]
F31["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;
F32["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;
F4["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;
F4["strategic development zone" has the meaning given to it by section 165; ]
F33["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;
F4["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 F34[subsection (3) or (6) of section 226],
F35[(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
F36[(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);
F16["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;]
F4["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;
F37["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;
F15["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 F24[or under F25[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 F24[or under F25[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 F24[or under F25[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.
F38[(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:
F2
Inserted (28.08.2024) by Water Environment (Abstractions and Associated Impoundments) Act 2022 (48/2022), s. 116(a), S.I. No. 417 of 2024.
F3
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.
F4
Inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(c), S.I. No. 405 of 2010.
F5
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(b), S.I. No. 405 of 2010.
F6
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.
F7
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).
F8
Deleted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(a), S.I. No. 405 of 2010.
F9
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.
F10
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).
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)(i), 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)(ii), 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)(iii), in effect as per reg. 2(1).
F14
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.
F15
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 81, S.I. No. 574 of 2009.
F16
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 2, S.I. No. 715 of 2021.
F17
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.
F18
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.
F19
Inserted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 3.
F20
Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(a), S.I. No. 525 of 2006.
F21
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.
F22
Inserted (15.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 16, S.I. No. 474 of 2011.
F23
Inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 6(a), commenced on enactment.
F24
Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 3(a).
F25
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.
F26
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.
F27
Substituted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 3.
F28
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 6(b), commenced on enactment.
F29
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 7.
F30
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4, ref. 8.
F31
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.
F32
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.
F33
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.
F34
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 7, S.I. No. 436 of 2018.
F35
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 3.
F36
Substituted (21.07.2009) by Harbours (Amendment) Act 2009 (26/2009), s. 7(2)(a), commenced on enactment.
F37
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).
F38
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):
C20
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.—F39[(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:
F39
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.
F40[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:
F40
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.
F41
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.
F42
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.
F43
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):
C21
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.
F41[(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.]
F42[(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) ...
F43["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;
F44[(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);]
F45[(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;]
F46[(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) F47[…]
(c) F47[…]
(d) F47[…]
F48[(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;]
F53[ (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;
F49[(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;]
F50[(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 F51[or works consisting of land reclamation or reclamation of estuarine marsh land and of callows, referred to in section 2 of that Act.]
F45[(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 F52[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.
F49[(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:
F44
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.
F45
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.
F46
Inserted (15.07.2022) by Institutional Burials Act 2022 (18/2022), s. 97, S.I. No. 356 of 2022.
F47
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 11.
F48
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.
F49
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).
F50
Substituted (8.02.2020) by Planning and Development (Amendment) Act 2018 (16/2018), s. 8, S.I. No. 44 of 2020.
F51
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).
F52
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.
F53
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):
C22
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.
C23
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.
C24
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.]
C25
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 F54[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.
F55[(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 F56[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).
F57[(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.]
F58[(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) F59[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:
F54
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).
F55
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).
F56
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.
F57
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).
F58
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 4.
F59
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):
C26
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—
F60[(a) particulars of any application made to it under this Act for permission for development, for retention of development, for substitute consent F61[…], 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),]
F60[(b) where an F62[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,
F63[(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 F64[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,
F65[(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,
F66[(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,
F67[(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,
F68[(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:
F60
Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 6(a) and (b), S.I. No. 475 of 2011.
F61
Deleted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 4(a), commenced on enactment.
F62
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).
F63
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.
F64
Substituted (28.08.2024) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(b), S.I. No. 417 of 2024.
F65
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 9, S.I. No. 436 of 2018.
F66
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 6(c), S.I. No. 475 of 2011.
F67
Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 7, S.I. No. 525 of 2006.
F68
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 4(b), conmenced on enactment.
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.
PART II
Plans and Guidelines
Chapter I
Development Plans
Obligation to make development plan.
9.—(1) Every planning authority shall every 6 years make a development plan.
F69[(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.
F70[(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.
F71[(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.
F72[(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:
F69
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 37(a), S.I. No. 20 of 2019.
F70
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.
F71
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.
F72
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.
F73[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:
F73
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.
F74[(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 F75[National Planning Framework] and F76[the regional spatial and economic strategy] F77[and with specific planning policy requirements specified in guidelines under subsection (1) of section 28].
(1B) F78[…]
(1C) F78[…]
(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;
F79[(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;
F74[(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;
F80[(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;
F81[(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,
F82[(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) F83[…]
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.]
F74[(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 F75[National Planning Framework] and F84[the regional spatial and economic strategy] F77[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 F75[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,
F85[(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,]
F86[(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 F75[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 F87[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.
F88[(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.]
F74[(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.
F74[(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:
F74
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.
F75
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.
F76
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.
F77
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 10, S.I. No. 436 of 2018.
F78
Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 11, S.I. No. 436 of 2018.
F79
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 114(a), S.I. No. 846 of 2007.
F80
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 28, S.I. No. 364 of 2015.
F81
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 7(b)(ii), S.I. No. 477 of 2010.
F82
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.
F83
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.
F84
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.
F85
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.
F86
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.
F87
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.
F88
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.—F89[(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.
F90[(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 F91[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 F91[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 F91[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.]
F92[(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 F93[, the Office of the Planning Regulator], any prescribed authorities, any adjoining planning authorities, the Board, F94[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,
F95[(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.
F96[(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.
F97[(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 F98[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).
F97[(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,
F95[(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 F98[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 F98[chief executive’s recommendations] on the policies to be included in the draft development plan.
F99[(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 F98[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the draft development plan.]
F92[(bc) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F100[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 F98[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 F98[chief executive] regarding the preparation of the draft development plan, F95[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 F98[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 F98[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 F98[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:
F89
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 12, S.I. No. 436 of 2018.
F90
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 37(b), S.I. No. 20 of 2019.
F91
Substituted (15.07.2019) by Local Government Rates and Other Matters Act 2019 (24/2019), s. 24, S.I. No. 355 of 2019.
F92
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.
F93
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).
F94
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.
F95
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.
F96
Substituted (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 4, commenced on enactment.
F97
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.
F98
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.
F99
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 83, S.I. No. 574 of 2009.
F100
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.
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.
F101[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:
F101
Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.
F102[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.
F103[(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:
F102
Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.
F103
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 13, S.I. No. 436 of 2018.
F104[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:
F104
Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.
F105[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:
F105
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)—
F106[(a) send notice and a copy of the draft development plan to the Minister F107[, 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.
F108[(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 F109[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.
F110[(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,
F111[(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 F109[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).
F108[(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.]
F112[(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 F109[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the development plan.]
F113[(bc) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F114[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 F109[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 F109[chief executive] under subsection (4).
F113[(aa) Following consideration of the draft plan and the report of the F109[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 F108[or from the Office of the Planning Regulator made to that planning authority under section 31AM] or from a F114[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 F108[the Office of the Planning Regulator and] the Minister or F114[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 F109[chief executive’s report] under paragraph (a) shall be completed within 12 weeks of the submission of the F109[chief executive’s report] to the members of the authority.
(6) Where, following the consideration of the draft development plan and the F109[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.
F115[(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, F107[the Office of the Planning Regulator,] the Board and the prescribed authorities.]
F113[(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 F109[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 F109[chief executive].]
F115[(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 F109[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.
F110[(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,
F111[(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 F109[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.
F110[(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 F109[chief executive] under subsection (8).
(b) The consideration of the amendment and the F109[chief executive’s report] under paragraph (a) shall be completed not later than 6 weeks after the submission of the F109[chief executive’s report] to the members of the authority.
F115[(10) (a) The members of the authority shall, by resolution, having considered the F109[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).
F113[(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, F107[the Office of the Planning Regulator,] the prescribed authorities, any adjoining planning authorities, the Board, F116[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.
F115[(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 F109[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 F109[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 F109[chief executive] as being required to facilitate an assessment referred to in subsection (7)(aa).]
F117[(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 F118[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 F119[6 weeks] from the day that it is made.
F120[(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:
F106
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.
F107
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).
F108
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.
F109
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.
F110
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.
F111
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 14(b)(i), (d), S.I. No. 436 of 2018.
F112
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 84, S.I. No. 574 of 2009.
F113
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.
F114
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.
F115
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.
F116
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.
F117
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 4, S.I. No. 365 of 2021.
F118
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 7, commenced on enactment.
F119
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).
F120
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.
F121
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):
C27
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.
F120[(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.]
C28
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) ...
F111[(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,
F121[(IA) issues raised by the Office of the Planning Regulator, and]
...]
(5) ...
F113[(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 F121[, or from the Office of the Planning Regulator,] made to the authority under this section F108[or from the Office of the Planning Regulator made to that planning authority under section 31AM] or from a F114[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 F108[the Office of the Planning Regulator and] the Minister F121[, the Office of the Planning Regulator] or F114[regional assembly], as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.]
...
C29
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.
C30
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.
F122[(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—
F123[(a) send notice and copies of the proposed variation of the development plan F124[to the Minister, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media], F125[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.
F126[(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.]
F127[(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 F128[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.
F127[(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,
F129[(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 F128[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.
F130[(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 F128[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the proposed variation.]
F131[(bc) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F132[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 F128[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 F128[chief executive] under subsection (4).
F131[(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 F125[, or from the Office of the Planning Regulator,] made to the authority under this section or from a F132[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 F125[, the Office of the Planning Regulator] or F132[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 F128[chief executive’s report] under paragraph (a) shall be completed not later than 6 weeks after the submission of the F128[chief executive’s report] to the members of the authority.
F133[(6) (a) Subject to paragraphs (aa) and (ae), the members of the authority, having considered the proposed variation and F128[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 F128[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 F128[chief executive].]
(b) The requirements of subsections (2) to (5) shall not apply in relation to modifications made in accordance with paragraph (a).
F131[(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).
F134[(c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the variation F124[to the Minister, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media], F125[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.
F135[(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.]
F136[(13) An appropriate assessment of a draft variation of a development plan shall be carried out in accordance with Part XAB.]
F137[(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:
F122
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 16, S.I. No. 436 of 2018.
F123
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.
F124
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.
F125
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).
F126
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 15(a), (c), S.I. No. 436 of 2018.
F127
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.
F128
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.
F129
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 15(b), S.I. No. 436 of 2018.
F130
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 85, S.I. No. 574 of 2009.
F131
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.
F132
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.
F133
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.
F134
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.
F135
Inserted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 5.
F136
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(f), S.I. No. 475 of 2011.
F137
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):
C31
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 F138[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:
F138
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 F139[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 F139[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:
F139
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) F140[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) F140[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:
F140
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.
F141[(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.]
F142[(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).]
F143[(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 F144[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 F144[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’