Planning and Development Act 2000

FOURTH SCHEDULE

Reasons for the Refusal of Permission which Exclude Compensation

1. Development of the kind proposed on the land would be premature by reference to any one or combination of the following constraints and the period within which the constraints involved may reasonably be expected to cease—

( a) an existing deficiency in the provision of water supplies or sewerage facilities,

( b) the capacity of existing or prospective water supplies or sewerage facilities being required for prospective development as regards which a grant of a permission under Part III of this Act, an undertaking under Part VI of the Act of 1963 or a notice under section 13 of the Act of 1990 or section 192 of this Act exists,

( c) the capacity of existing or prospective water supplies or sewerage facilities being required for the prospective development of another part of the functional area of the planning authority, as indicated in the development plan,

( d) the capacity of existing or prospective water supplies or sewerage facilities being required for any other prospective development or for any development objective, as indicated in the development plan,

( e) any existing deficiency in the road network serving the area of the proposed development, including considerations of capacity, width, alignment, or the surface or structural condition of the pavement, which would render that network, or any part of it, unsuitable to carry the increased road traffic likely to result from the development,

( f) any prospective deficiency (including the considerations specified in subparagraph (e)) in the road network serving the area of the proposed development which—

(i) would arise because of the increased road traffic likely to result from that development and from prospective development as regards which a grant of permission under Part III, an undertaking under Part VI of the Act of 1963 or a notice under section 13 of the Act of 1990 or section 192 exists, or

(ii) would arise because of the increased road traffic likely to result from that development and from any other prospective development or from any development objective, as indicated in the development plan, and

would render that road network, or any part of it, unsuitable to carry the increased road traffic likely to result from the proposed development.

2. Development of the kind proposed would be premature pending the determination by the planning authority or the road authority of a road layout for the area or any part thereof.

3. Development of the kind proposed would be premature by reference to the order of priority, if any, for development indicated in the development plan or pending the adoption of a local area plan in accordance with the development plan.

4. The proposed development would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise.

5. The proposed development—

( a) could, due to the risk of a major accident or if a major accident were to occur, lead to serious danger to human health or the environment, or

( b) is in an area where it is necessary to limit the risk of there being any serious danger to human health or the environment.

6. The proposed development is in an area which is at risk of flooding.

7. The proposed development, by itself or by the precedent which the grant of permission for it would set for other relevant development, would adversely affect the use of a national road or other major road by traffic.

8. The proposed development would interfere with the character of the landscape or with a view or prospect of special amenity value or natural interest or beauty, any of which it is necessary to preserve.

9. The proposed development would cause serious air pollution, water pollution, noise pollution or vibration or pollution connected with the disposal of waste.

10. In the case of development including any structure or any addition to or extension of a structure, the structure, addition or extension would—

( a) infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Board,

( b) be under a public road,

( c) seriously injure the amenities, or depreciate the value, of property in the vicinity,

( d) tend to create any serious traffic congestion,

( e) endanger or interfere with the safety of aircraft or the safe and efficient navigation thereof,

( f) endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

( g) be prejudicial to public health.

11. The development would contravene materially a condition attached to an existing permission for development.

12. The proposed development would injure or interfere with a historic monument which stands registered in the Register of Historic Monuments under section 5 of the National Monuments (Amendment) Act, 1987, or which is situated in an archaeological area so registered.

13. The proposed development would adversely affect an architectural conservation area.

14. The proposed development would adversely affect the linguistic or cultural heritage of the Gaeltacht.

15. The proposed development would materially contravene an objective indicated in a local area plan for the area.

16. The proposed development would be contrary to any Ministerial guidelines issued to planning authorities under section 28 or any Ministerial policy directive issued to planning authorities under section 29 .

17. The proposed development would adversely affect a landscape conservation area.

18. In accordance with section 35 , the planning authority considers that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with any permission or any condition to which such a permission would be subject.

19. The proposed development—

( a) would contravene materially a development objective indicated in the development plan for the conservation and preservation of a European site insofar as the proposed development would adversely affect one or more specific—

(i)  (I) natural habitat types in Annex I of the Habitats Directive, or

(II) species in Annex II of the Habitats Directive which the site hosts,

and which have been selected by the Minister for Arts, Heritage, Gaeltacht and the Islands in accordance with Annex III (Stage 1) of that Directive,

(ii) species of bird or their habitat or other habitat specified in Article 4 of the Birds Directive, which formed the basis of the classification of that site,

or

( b) would have a significant adverse effect on any other areas prescribed for the purpose of section 10(2)(c) .

20. The development would contravene materially a development objective indicated in the development plan for 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 such uses).

F1043 [ 20A. The proposed development would not be consistent with a planning scheme in force in respect of a strategic development zone. ]

F1044 [ 20B. The proposed development would not be consistent with the transport strategy of the DTA. ]

F1045 [ 20C. The proposed development would cause a serious aircraft noise problem at Dublin Airport including, as appropriate, the area around Dublin Airport significantly affected by aircraft noise. ]

21. ( a) Subject to paragraph 22, paragraphs 19 and 20 shall not apply in a case where a development objective for the use specified in paragraph 20 applied to the land at any time during the period of a development plan and the development objective of which was changed as a result of a variation of the plan during such period prior to the date on which the relevant application for permission was made to develop the land, and the development would not have contravened materially that development objective.

( b) Paragraph 20 shall not apply in a case where, as a result of a direction by the Minister under section 31(2) given within one year of the making of a development plan, a planning authority amends or revokes a development objective referred to in paragraph 19 but without prejudice to any right of compensation which may otherwise arise in respect of any refusal of permission under Part III in respect of an application made before such direction was issued by the Minister.

22. Paragraph 21 shall not apply in a case where a person acquired his or her interest in the land—

( a) after the objective referred to in paragraph 19 or 20 has come into operation, or

( b) after notice has been published,

(i) in accordance with section 12 or 13, of a proposed new development plan or of proposed variations of a development plan, as the case may be, or

(ii) in accordance with section 12 , of a material alteration of the draft concerned,

indicating in draft the development objective referred to in paragraph 19 or 20, or

( c) in the case of paragraph 19, after notice has been published by the Minister for Arts, Heritage, Gaeltacht and the Islands of his or her intention to propose that the land be selected as a European site.

23. For the purposes of paragraph 22, the onus shall be on a person to prove all relevant facts relating to his or her interest in the land to the satisfaction of the planning authority.

F1046 [ 23A. (1) The proposed development is by an applicant associated with a previous development (whether or not such previous development was within the functional area of the planning authority to which the proposed development relates) which

(a) in the opinion of the planning authority in whose functional area the previous development is situated, has not been satisfactorily completed in the ordinary course of development, or

(b) the estate to which the previous development relates has not been taken in charge by the local authority concerned because the estate has not been completed to the satisfaction of that authority.

(2) In this paragraph associated , in relation to a previous development, means a development under the Planning and Development Acts 2000 to 2018 to which section 180 relates and in respect of which the development has not been satisfactorily completed or taken in charge by the local authority concerned due to the actions (whether of commission or omission) of

(a) the applicant for the proposed development,

(b) a partnership of which the applicant is or was a member and which, during the membership of that applicant, carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,

(c) a registered society under the Industrial and Provident Societies Acts 1893 to 2014 that

(i) carried out a development pursuant to a previous permission,

(ii) carried out a substantial unauthorised development, or

(iii) has been convicted of an offence under this Act,

or, during any period to which subclause (i) or (ii) relates or to which any conviction under subclause (iii) relates, the registered society was, during that period, controlled by the applicant

(I) where, pursuant to section 15 of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014 , control has the same meaning as in section 220(5) of the Companies Act 2014 , or

(II) as a shadow director within the meaning of section 2(1) of the Companies Act 2014 ,

(d) where the applicant for the proposed development is a company

(i) the company concerned is related to a company (within the meaning of section 2 (10) of the Companies Act 2014 ) which carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act, or

(ii) the company concerned is under the same control as a company that carried out a development referred to in subparagraph (1) where control has the same meaning as in section 220 (5) of the Companies Act 2014 ,

or

(e) a company that carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act, which company is controlled by the applicant

(i) where control has the same meaning as in section 220 (5) of the Companies Act 2014 , or

(ii) as a shadow director within the meaning of section 2 (1) of the Companies Act 2014 . ]

24. In this Schedule, “road authority” and “national road” have the meanings assigned to them in the Roads Act, 1993.

Annotations

Amendments:

F1043

Inserted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(m), S.I. No. 458 of 2001.

F1044

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 94, S.I. No. 574 of 2009.

F1045

Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 16, S.I. No. 403 of 2019.

F1046

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 47, S.I. No. 436 of 2018.

Modifications (not altering text):

C155

Schedule construed during specified period (3.07.2017 to 31.12.2019, extended to 31.12.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 25, S.I. No. 270 of 2017, extended by S.I. No. 598 of 2019.

Definitions ( Chapter 1)

3. In this Chapter— ...

“specified period” means—

(a) the period from the commencement of this provision until 31 December 2019, and

(b) any additional period as may be provided for by the Minister by order under section 4(2) ;

...

Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period

25. The Fourth Schedule to the Act of 2000 has effect during the specified period as if the following were inserted after paragraph 18:

“18A. In the case of a proposed strategic housing development (within the meaning of Chapter 1 of the Planning and Development (Housing) and Residential Tenancies Act 2016), the environmental impact statement or Natura impact statement, or both, submitted with the application for permission under section 4 of that Act is or are inadequate or incomplete.”.