1.—This Act may be cited as the Planning and Development Act, 2000.

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]

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.]

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.

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.]

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.

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.]