Planning and Development Act 2000

Interpretation.

177R

177R.(1) In this Part

"appropriate assessment" shall be construed in accordance with section 177V;

"candidate site of community importance" means

(a) a site

(i) in relation to which the Minister has given notice pursuant to regulations under the European Communities Act 1972 that he or she considers the site may be eligible for identification as a site of Community importance pursuant to Article 4, paragraph 1 of the Habitats Directive, which notice may be amended in accordance with such regulations under the European Communities Act 1972,

(ii) that is included in a list transmitted to the Commission in accordance with Article 4, paragraph 1 of the Habitats Directive, or

(iii) that is added in accordance with Article 5 of the Habitats Directive, to the list transmitted to the European Commission pursuant to Article 4, paragraph 1 of the Habitats Directive,

but only until the adoption in respect of the site of a decision by the European Commission under Article 21 of the Habitats Directive for the purposes of the third paragraph of Article 4(2) of that Directive; or

(b) a site

(i) which is subject to a consultation procedure in accordance with Article 5(1) of the Habitats Directive, or

(ii) in relation to which a Council decision is pending in accordance with Article 5(3) of the Habitats Directive;

F884["candidate special area of conservation" means a site that is a candidate site of Community importance or a site of Community importance;]

F885["candidate special protection area" means a site in relation to which the Minister for Arts, Heritage and the Gaeltacht has given notice pursuant to regulations under the European Communities Act 1972 that he or she considers that the site may be eligible for classification as a special protection area pursuant to Article 4 of the Birds Directive but only until the public notification of the making of a decision by that Minister to classify or not to classify such a site as a special protection area;]

"compensatory measures" shall be construed in accordance with section 177W(7) in relation to making Land use plans and in accordance with section 177AA(8) in relation to granting permission for proposed development;

"competent authority" shall be construed in accordance with section 177S;

"consent for proposed development" shall be construed in accordance with section 177U(8);

"European site" means

(a) a candidate site of Community importance,

(b) a site of Community importance,

F884[(ba) a candidate special area of conservation,]

(c) a special area of conservation,

(d) a candidate special protection area,

(e) a special protection area;

F884["foreshore" has the same meaning as it has in section 224;]

"Land use plan" means

F886[(a) regional spatial and economic strategy,]

(b) a planning scheme in respect of all or any part of a strategic development zone,

F887[(ba) an amendment of a planning scheme in respect of all or any part of a strategic development zone,]

(c) a development plan,

(d) a variation of a development plan, or

(e) a local area plan;

"Natura 2000 network" has the meaning assigned to it by Article 3, paragraph 1 of the Habitats Directive;

"Natura impact report" shall be construed in accordance with section 177T;

"Natura impact statement" shall be construed in accordance with section 177T;

F888["proposed development" means

(a) a proposal to carry out

(i) development to which Part III applies,

(ii) development that may be carried out under Part IX,

(iii) development that may be carried out by a local authority under Part X or XAB or development that may be carried out under Part XI,

(iv) development on the foreshore under Part XV,

(v) development under section 43 of the Act of 2001,

(vi) development under section 51 of the Roads Act 1993, or

(vii) development to which Chapter II or III of Part XXI applies,

(b) notwithstanding that the development has been carried out, development in relation to which an application for substitute consent is required under Part XA, or

(c) a requested alteration within the meaning of Chapter III of Part XXI;]

F884["road authority" has the same meaning as it has in section 2 (amended by section 11 of the Roads Act 2007) of the Roads Act 1993;]

"screening for appropriate assessment" shall be construed in accordance with section 177U;

"site of community importance" means a site that has been included in the list of sites of Community importance as adopted by the Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive;

"special area of conservation" means a site that has been designated by the Minister as a special area of conservation pursuant to Article 4, paragraph 4 of the Habitats Directive;

"special protection area" means an area classified by the Minister pursuant to Article 4, paragraph 1 or Article 4, paragraph 2 of the Birds Directive, as a special protection area;

F889[]

F890[(1A) During the period beginning on the date on which section 8 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023—

(a) the definition of "Land use plan" in subsection (1) shall be construed and have effect as if the following paragraph were inserted after paragraph (e):

"(f) a proposed extension of the duration of an existing development plan;", and

(b) in this Part, a reference to "draft Land use plan" or "Land use plan" shall be construed and have effect as including a reference to a proposed extension of the duration of an existing development plan referred to in paragraph (f) of the definition of ‘Land use plan’ (inserted by section 8 of the Planning and Development (Amendment) Act 2021).]

(2) Subject to this Part, a word or expression that is used in this Part, and that is also used in the Habitats Directive or the Birds Directive has, unless the context otherwise requires, the same meaning in this Part as it has in the Habitats Directive or the Birds Directive, as the case may be.]

Annotations

Amendments:

F884

Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 8(a), (b), (c) and (e).

F885

Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 31, S. I. No. 474 of 2011.

F886

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 81, S.I. No. 214 of 2014.

F887

Inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 8(a), commenced on enactment.

F888

Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 38, S.I. No. 488 of 2022.

F889

Deleted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 8(f).

F890

Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 8(a), S.I. No. 365 of 2021.

F891

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.

Modifications (not altering text):

C123

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. 23, 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);

...

23. Subsection (1) of section 177R of the Act of 2000 has effect during the specified period as if in paragraph (a) of the definition of “proposed development” there were inserted the following after subparagraph (iii):

“(iiia) development to which Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016 relates;”.

Editorial Notes:

E391

Definition of "proposed development", para. (a)(iii) substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 8(d); definition substituted (1.10.2022) as per F-note above.