Planning and Development Act 2000

F975[Development in maritime area by local authority or State authority

178A

178A. (1) A local authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless

(a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

(b) it is the owner of land on which it is proposed to carry out the development concerned, or

(c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.

(2) A State authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless

(a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

(b) it is the owner of land on which it is proposed to carry out the development concerned, or

(c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.

(3) A coastal planning authority shall not carry out development in the maritime area that materially contravenes the National Planning Framework or any maritime spatial plan applicable to that area.]

Annotations:

Amendments:

F975

Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 42, S.I. No. 488 of 2022.