Planning and Development Act 2000

F1275[SEVENTH SCHEDULE

Infrastructure Developments for the purposes of sections 37A and 37B

Section 37A.

Energy Infrastructure

1.Development comprising or for the purposes of any of the following:

An installation for the onshore extraction of petroleum or natural gas.

A crude oil refinery (excluding an undertaking manufacturing only lubricants from crude oil) or an installation for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

A thermal power station or other combustion installation with a total energy output of 300 megawatts or more.

An industrial installation for the production of electricity, steam or hot water with a heat output of 300 megawatts or more.

An industrial installation for carrying gas, steam or hot water with a potential heat output of 300 megawatts or more, or transmission of electrical energy by overhead cables, where the voltage would be 220 kilovolts or more, but excluding any proposed development referred to in section 182A(1).

An oil pipeline and any associated terminals, buildings and installations, where the length of the pipeline (whether as originally provided or as extended) would exceed 20 kilometres.

An installation for surface storage of natural gas, where the storage capacity would exceed 200 tonnes.

An installation for underground storage of combustible gases, where the storage capacity would exceed 200 tonnes.

An installation for the surface storage of oil or coal, where the storage capacity would exceed 100,000 tonnes.

An installation for hydroelectric energy production with an output of 300 megawatts or more, or where the new or extended superficial area of water impounded would be 30 hectares or more, or where there would be a 30 per cent change in the maximum, minimum or mean flows in the main river channel.

F1276[An installation for the harnessing of wind power for energy production (a wind farm) with more than 25 turbines or having a total output greater than 50 megawatts.]

An onshore terminal, building or installation, whether above or below ground, associated with a natural gas storage facility, where the storage capacity would exceed 1mscm.

An onshore terminal, building or installation, whether above or below ground, associated with an LNG facility and, for the purpose of this provision, LNG facility means a terminal which is used for the liquefaction of natural gas or the importation, offloading and re-gasification of liquefied natural gas, including ancillary services.

Transport Infrastructure

2. Development comprising or for the purposes of any of the following:

An intermodal transhipment facility, an intermodal terminal or a passenger or goods facility which, in each case, would exceed 5 hectares in area.

A terminal, building or installation associated with a long-distance railway, tramway, surface, elevated or underground railway or railway supported by suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport, but excluding 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).

F1277[]

F1276[ A harbour or port installation (which may include facilities in the form of loading or unloading areas, vehicle queuing and parking areas, ship repair areas, areas for berthing or dry docking of ships, areas for the weighing, handling or transport of goods or the movement or transport of passengers (including customs or passport control facilities), associated administrative offices or other similar facilities directly related to and forming an integral part of the installation)

(a) where the area or additional area of water enclosed would be 20 hectares or more, or

(b) which would involve the reclamation of 5 hectares or more of land, or

(c) which would involve the construction of one or more quays which or each of which would exceed 100 metres in length, or

(d) which would enable a vessel of over 1350 tonnes to enter within it. ]

Environmental Infrastructure

3. Development comprising or for the purposes of any of the following:

A waste disposal installation for

(a) the incineration, or

(b) the chemical treatment (within the meaning of Annex IIA to Council Directive 75/442/EEC1 under heading D9), or

(c) the landfill,

of hazardous waste to which Council Directive 91/689/EEC2 applies (other than an industrial waste disposal installation integrated into a larger industrial facility).

A waste disposal installation for

(a) the incineration, or

(b) the chemical treatment (within the meaning of Annex IIA to Council Directive 75/442/EEC under heading D9),

of non-hazardous waste with a capacity for an annual intake greater than 100,000 tonnes.

An installation for the disposal, treatment or recovery of waste with a capacity for an annual intake greater than 100,000 tonnes.

A groundwater abstraction or artificial groundwater recharge scheme, where the annual volume of water abstracted or recharged is equivalent to or exceeds 2 million cubic metres.

Any works for the transfer of water resources between river basins, where the annual volume of water abstracted or recharged would exceed 2 million cubic metres.

A waste water treatment plant with a capacity greater than a population equivalent of 10,000 and, for the purpose of this provision, population equivalent shall be determined in accordance with Article 2, point 6, of Council Directive 91/271/EEC 3 .

A sludge-deposition site with the capacity for the annual deposition of 50,000 tonnes of sludge (wet).

Any canalisation or flood relief works where

(a) the immediate contributing sub-catchment of the proposed works (namely the difference between the contributing catchments at the upper and lower extent of the works) would exceed 1000 hectares, or

(b) more than 20 hectares of wetland would be affected, or

(c) the length of river channel on which works are proposed would be greater than 2 kilometres.

A dam or other installation designed for the holding back or the permanent or long-term storage of water, where the new or extended area of water impounded would be 30 hectares or more or where a new or additional amount of water held back or stored would exceed 10 million cubic metres.

An installation of overground aqueducts each of which would have a diameter of 1,000 millimetres or more and a length of 500 metres or more.

Any coastal works to combat erosion or maritime works capable of altering the coast through the construction, for example, of dikes, moles, jetties and other sea defence works, where in each case the length of coastline on which the works would take place would exceed 1 kilometre, but excluding the maintenance or reconstruction of such works or works required for emergency purposes.

F1278[Health Infrastructure

4. Development comprising the following:

A health care facility (other than a development which is predominantly for the purposes of providing care services (within the meaning of section 3 of the Nursing Homes Support Scheme Act 2009)) which, whether or not the facility is intended to form part of another health care facility, shall provide in-patient services and shall have not fewer than 100 beds in order to so provide.]]

Annotations

Amendments:

F1275

Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 5, S.I. No. 684 of 2006.

F1276

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 78(a) and (b), S.I. No. 477 of 2010.

F1277

Deleted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 18(1), S.I. No. 403 of 2019.

F1278

Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 41, S.I. No. 474 of 2011.

F1279

Substituted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(j), not commenced as of date of revision.

F1280

Inserted by Planning and Development (Amendment) Act 2018 (16/2018), s. 49, not commenced as of date of revision.

Modifications (not altering text):

C227

Prospective affecting provision: para. 3 amended by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(j), not commenced as of date of revision.

F1279[A groundwater abstraction, artificial groundwater recharge scheme or a surface water abstraction], where the annual volume of water abstracted or recharged is equivalent to or exceeds 2 million cubic metres.

C228

Prospective affecting provision: para. 5 inserted by Planning and Development (Amendment) Act 2018 (16/2018), s. 49, not commenced as of date of revision.

F1280[Communications and Data Infrastructure

5. Development comprising the following:

A facility consisting of one or more than one structure, the combined gross floor space of which exceeds 10,000 square metres, used primarily for the storage, management and dissemination of data, and the provision of associated electricity connections infrastructure.]

Editorial Notes:

E559

Previous affecting provision: art. 4 inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 78(c), S.I. No. 477 of 2010; substituted as per F-note above.