Planning and Development Act 2000

FIFTH SCHEDULE

Conditions which may be Imposed, on the Granting of Permission to Develop Land, without Compensation

1. A condition, under paragraph (g) and (j) of section 34(4), requiring the giving of security for satisfactory completion of the proposed development (including maintenance until taken in charge by the local authority concerned of roads, open spaces, carparks, sewers, watermains or drains).

2. A condition, included in a grant of permission pursuant to section 48 or 49, requiring the payment of a contribution for public infrastructure benefitting the development.

3. A condition, under paragraph (n) of section 34(4), requiring the removal of an advertisement structure.

4. Any condition under paragraph (n) of section 34(4) in a case in which the relevant application for permission relates to a temporary structure.

5. Any condition relating to the reservation or allocation of any particular land, or all land in any particular area, for development of a specified class or classes, or the prohibition or restriction either permanently or temporarily, of development on any specified land.

6. Any condition relating to the preservation of the quality and character of urban or rural areas.

7. Any condition relating to the regulation, restriction and control of development of coastal areas or development in the vicinity of inland waterways.

8. Any provision relating to the protection of the linguistic or cultural heritage of the Gaeltacht.

9. Any condition relating to reducing the risk or limiting the consequences of a major accident, or limiting the risk of there being any serious danger to human health or the environment.

10. Any condition regulating, restricting or controlling development in areas at risk of flooding.

11. Any condition relating to

(a) the regulation and control of the layout of areas and structures, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures,

(b) the regulation and control of the design, colour and materials of structures and groups of structures,

(c) the promotion of design in structures for the purposes of flexible and sustainable use, including conservation of energy and resources.

12. Any condition limiting the number of structures or the number of structures of a specified class which may be constructed, erected or made on, in or under any area.

13. Any condition regulating and controlling all or any of the following matters

(a) the size, height, floor area and character of structures;

(b) building lines, coverage and the space about houses and other structures;

(c) the extent of parking places required in, on or under structures of a particular class or size or services or facilities for the parking, loading, unloading or fuelling of vehicles;

(d) the objects which may be affixed to structures;

(e) the purposes for and the manner in which structures may be used or occupied, including, in the case of dwellings, the letting thereof in F1271[separate units;]

F1272[(f) the persons of a particular class or description to whom the use as a dwelling may be restricted.]

14. Any condition relating to the alteration or removal of unauthorised structures.

15. Any condition relating to the provision and siting of sanitary services and waste facilities, recreational facilities and open spaces.

16. Any condition relating to the protection and conservation of the environment including the prevention of environmental pollution and the protection of waters, groundwater, the seashore and the atmosphere.

17. Any condition relating to measures to reduce or prevent the emission or the intrusion of noise or vibration.

F1273[17A. Any conditions relating to measures for the regulation of aircraft noise at Dublin Airport including, as appropriate, the area around Dublin Airport significantly affected by aircraft noise.]

18. Any condition prohibiting, regulating or controlling the deposit or disposal of waste materials and refuse, the disposal of sewage and the pollution of rivers, lakes, ponds, gullies and the seashore.

19. Any condition relating to the protection of features of the landscape which are of major importance for wild fauna and flora.

20. Any condition relating to the preservation and protection of trees, shrubs, plants and flowers.

21. Any condition relating to the preservation (either in situ or by record) of places, caves, sites, features or other objects of archaeological, geological, historical, scientific or ecological interest.

22. Any condition relating to the conservation and preservation of

(a) 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,

contained in a European site 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 contained in a European site specified in Article 4 of the Birds Directive, which formed the basis of the classification of that site,

or

(b) any other area prescribed for the purpose of section 10(2)(c).

23. Any condition relating to the preservation of the landscape in general, or a landscape conservation order in particular, including views and prospects and amenities of places and features of natural beauty or interest.

24. Any condition for preserving any existing public right of way.

25. Any condition reserving, as a public park, public garden or public recreation space, land normally used as such.

26. Any condition prohibiting, restricting or controlling, either generally or within a specified distance of the centre line of any specified road, the erection of all or any particular forms of advertisement structure or the exhibition of all or any particular forms of advertisement.

27. Any condition preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any structure, or from the objectionable or neglected condition of any land attached to a structure or abutting on a public road or situate in a residential area.

28. Any condition relating to a matter in respect of which a requirement could have been imposed under any other Act, or under any order, regulation, rule or bye-law made under any other Act, without liability for compensation.

29. Any condition prohibiting the demolition of a habitable house.

30. Any condition relating to the filling of land.

31. Any condition in the interest of ensuring the safety of aircraft or the safe and efficient navigation thereof.

32. Any condition determining the sequence in which works shall be carried out or specifying a period within which works shall be completed.

33. Any condition restricting the occupation of any structure included in a development until the completion of other works included in the development or until any other specified condition is complied with or until the planning authority consents to such occupation.

34. Any conditions relating to the protection of a protected structure or a proposed protected structure.

Annotations

Amendments:

F1271

Substituted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 10(a), S.I. No. 365 of 2021.

F1272

Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 10(b), S.I. No. 365 of 2021.

F1273

Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 17, S.I. No. 403 of 2019.

F1274

Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 39, not commenced as of date of revision.

Modifications (not altering text):

C225

Prospective affecting provision: paras. 35, 36 inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 39, not commenced as of date of revision.

F1274[35. A condition under section 34(4A), 37G(7A), 182B(5E), 182D(5E) or 293(4A) requiring that any detail of a development that was not confirmed at the time of the application for permission fall within specified options, parameters or a combination of options and parameters.

36. A condition under section 34(4A), 37G(7A), 182B(5E), 182D(5E) or 293(4A) requiring the applicant to notify to a planning authority in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of a development that was not confirmed at the time of the application for permission.]

C226

Prospective affecting provision: schedule to be construed during specified period in accordance with Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 25A as inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 48, S.I. No. 436 of 2018. S. 25A is not commenced as of date of revision as per subs. (2). The specified period is defined in Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 3 as the period from commencement of that provision until 31 December 2019 and any additional period as may be provided for by ministerial order.

Construction of Fifth Schedule (conditions which may be imposed, on the granting of permission to develop land, without compensation) to Act of 2000 during specified period

25A. The Fifth Schedule to the Act of 2000 has effect during the specified period as if in paragraph 1 or section 9 (4) of the Planning and Development (Housing) and Residential Tenancies Act 2016 were inserted after section 34(4)(g).