Planning and Development Act 2000

F892[Competent Authority.

177S

177S.(1) A competent authority, in performing the functions conferred on it by or under this Part, shall take appropriate steps to avoid in a European site the deterioration of natural habitats and the habitats of species as well as the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant in relation to the objectives of the Habitats Directive.

(2) F893[Subject to subsection (3), the competent authority] in the State for the purposes of this Part and Articles 6 and 7 of the Habitats Directive, shall be

F894[(a) in relation to draft regional spatial and economic strategy, the regional assembly for whose area the strategy is made,]

F895[(aa) in relation to a draft National Planning Framework, the Minister.]

(b) in relation to a draft planning scheme in respect of all or any part of a strategic development zone, the planning authority (which term shall be construed in accordance with section 168(5)) in whose area the strategic development zone is situate, or, on appeal the Board, as the case may be,

F896[(ba) in relation to a proposed amendment of a planning scheme in respect of all or any part of a strategic development zone, the Board,]

(c) in relation to a draft development plan, the planning authority for whose area the development plan is made,

(d) in relation to a proposed variation of a development plan, the planning authority for whose area the variation of the development plan is made,

(e) in relation to a draft local area plan, the planning authority in whose area the local area plan concerned is situate,

(f) in relation to a proposed development (other than development referred to in paragraph (g) or (h)), the planning authority to whom an application for permission is made or F897[] the Board, as the case may be,

(g) in relation to proposed development that is strategic infrastructure development, the Board, or

F893[(h) in relation to proposed development that may be carried out by a local authority under Part X or XAB or proposed development that may be carried out under Part XI, the Board.]]

F898[(2A) 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, the competent authority in the State referred to in subsection (2) shall be construed and have effect as if the following paragraph were inserted after paragraph (h):

"(i) in relation to a proposed extension of the duration of an existing development plan, the planning authority for whose area the development plan is proposed to be extended in duration.".]

F899[(3) The competent authority in the State for the purposes of this Part and Articles 6 and 7 of the Habitats Directive, shall, in relation to proposed development to which Chapter III of Part XXI applies, be the Board.]

Annotations

Amendments:

F892

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

F893

Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 39, S.I. No. 488 of 2022.

F894

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 83, S.I. No. 214 of 2014.

F895

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 35, S.I. No. 436 of 2018.

F896

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

F897

Deleted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 9(a).

F898

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

F899

Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 39, S.I. No. 488 of 2022.

Editorial Notes:

E392

Previous affecting provision: subs. (2)(h) substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 9(b); substituted (1.10.2022) as per F-note above.