Planning and Development Act 2000

Regulations generally.

262

262.—(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed, or in relation to any matter referred to in this Act as the subject of regulations.

(2) Regulations under this Act may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient.

(3) Before making any regulations under this Act, the Minister shall consult with any relevant State authority where the regulations relate to the functions of that State authority.

(4) Where regulations are proposed to be made under section 4(2), 19(3), 25(5), 100(1)(b), (c) or (d), 126(4), F1185[126A(2),] 176, 179(1), F1186[181(1)(a)], 221(4), 230(1) or 246, a draft of the regulations shall be laid before both Houses of the Oireachtas and the regulations shall not be made unless a resolution approving the draft has been passed by each such House.

(5) Every regulation made under this Act (other than a regulation referred to in subsection (4)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations

Amendments:

F1185

Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 9(c), S.I. No. 715 of 2021.

F1186

Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 15, commenced on enactment.

F1187

Inserted by Planning and Development (Amendment) Act 2010 (30/2010), s. 76, not commenced as of date of revision.

Modifications (not altering text):

C176

Prospective amending provision: subs. (4) amended by Planning and Development (Amendment) Act 2010 (30/2010), s. 76, not commenced as of date of revision.

(4) Where regulations are proposed to be made under section 4(2), F1187[4(4)(b),] 19(3), 25(5), F1187[96(3)(da),] 100(1)(b), (c) or (d), 126(4), 176, 179(1), F1186[181(1)(a)], 221(4), 230(1) or 246, a draft of the regulations shall be laid before both Houses of the Oireachtas and the regulations shall not be made unless a resolution approving the draft has been passed by each such House.

Editorial Notes:

E521

Power pursuant to section exercised (9.05.2024) by Planning and Development (Street Furniture Fees) Regulations 2024 (S.I. No. 196 of 2024).

E522

Power pursuant to section exercised (16.12.2023) by Planning and Development (Amendment) (No. 3) Regulations 2023 (S.I. No. 655 of 2023).

E523

Power pursuant to section exercised (16.12.2023) by Planning and Development (Fees for Certain Applications) Regulations 2023 (S.I. No. 654 of 2023).

E524

Power pursuant to section exercised (16.12.2023) by Planning and Development (Amendment) (No. 4) Regulations 2023 (S.I. No. 648 of 2023).

E525

Power pursuant to section exercised (24.07.2023) by Planning and Development (Amendment) (No. 2) Regulations 2023 (S.I. No. 383 of 2023).

E526

Power pursuant to section exercised (19.07.2023) by Planning and Development (Exempted Development) (No. 4) Regulations 2023 (S.I. No. 376 of 2023).

E527

Power pursuant to subs. (1) exercised (1.06.2023) by Planning and Development Act (Amendment) Regulations 2023 (S.I. No. 273 of 2023).

E528

Power pursuant to section exercised (22.05.2023) by Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2023 (S.I. No. 269 of 2023).

E529

Power pursuant to section exercised (22.05.2023) by Planning and Development (Street Furniture Fees) Regulations 2023 (S.I. No. 256 of 2023).

E530

Power pursuant to section exercised (22.05.2023) by Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2023 (S.I. No. 246 of 2023).

E531

Power pursuant to section exercised (19.05.2023) by Planning and Development Act (Exempted Development) Regulations 2023 (S.I. No. 250 of 2023).

E532

Power pursuant to section exercised (16.05.2023) by Planning and Development (Section 181) Regulations 2023 (S.I. No. 243 of 2023).

E533

Power pursuant to section exercised (10.03.2023) by Planning and Development (Maritime Development) Regulations 2023 (S.I. No. 100 of 2023), in effect as per reg. 1(2).

E534

Power pursuant to section exercised (8.03.2023) by Planning and Development (Section 179A) Regulations 2023 (S.I. No. 101 of 2023).

E535

Power pursuant to section exercised (8.12.2022) by Planning and Development (Amendment) (No. 3) Regulations 2022 (S.I. No. 647 of 2022).

E536

Power pursuant to section exercised (29.11.2022) by Planning and Development (Exempted Development) (No. 4) Regulations 2022 (S.I. No. 605 of 2022).

E537

Power pursuant to section exercised (5.10.2022) by Planning And Development Act 2000 (Exempted Development) (No. 3) Regulations 2022 (S.I. No. 493 of 2022).

E538

Power pursuant to section exercised (5.10.2022) by Planning And Development (Solar Safeguarding Zone) Regulations 2022 (S.I. No. 492 of 2022).

E539

Power pursuant to section exercised (17.08.2022) by Planning and Development (Amendment) Regulations 2022 (S.I. No. 419 of 2022).

E540

Power pursuant to section exercised (23.05.2022 to 31.12.2022) by Planning and Development (Street Furniture Fees) Regulations 2022 (S.I. No. 249 of 2022).

E541

Power pursuant to section exercised (30.03.2022) by Planning and Development Act 2000 (Exempted Development) (Number 2) Regulations 2022 (S.I. No. 151 of 2022).

E542

Power pursuant to section exercised (21.02.2022) by Planning and Development Act (Exempted Development) Regulations 2022 (S.I. No. 75 of 2022).

E543

Power pursuant to section exercised (17.12.2021) by Planning and Development (Large-scale Residential Development Fees) Regulations 2021 (S.I. No. 720 of 2021).

E544

Power pursuant to section exercised (17.12.2021) by Planning and Development (Large-scale Residential Development) Regulations 2021 (S.I. No. 716 of 2021), in effect as per reg. 2.

E545

Power pursuant to section exercised (4.11.2021) by Planning and Development (Amendment) (No. 3) Regulations 2021 (S.I. No. 588 of 2021).

E546

Power pursuant to subs. (1) exercised (16.08.2021) by Planning and Development Act 2000 (Section 254 – Overground Telecommunication Cables) Regulations 2021 (S.I. No. 422 of 2021).

E547

Power pursuant to section exercised (30.04.2021) by Planning and Development (Amendment) (No. 2) Regulations 2021 (S.I. No. 210 of 2021).

E548

Power pursuant to section exercised (30.04.2021) by Planning and Development (Street Furniture Fees) Regulations 2021 (S.I. No. 209 of 2021).

E549

Power pursuant to section exercised (30.04.2021) by Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2021 (S.I. No. 208 of 2021).

E550

Power pursuant to section exercised (16.03.2021) by Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2021 (S.I. No. 115 of 2021).

E551

Power pursuant to section exercised (16.03.2021) by Planning and Development Act 2000 (Exempted Development) Regulations 2021 (S.I. No. 114 of 2021).

E552

Power pursuant to section exercised (23.12.2020) by Planning and Development (Amendment) (No. 2) Regulations 2020 (S.I. No. 692 of 2020).

E553

Power pursuant to section exercised (1.07.2019) by Planning And Development Act 2000 (Exempted Development) (No. 2) Regulations 2019 (S.I. No. 235 of 2019), in effect as per reg. 1(3).

E554

Power pursuant to section exercised (16.11.2018) by Planning and Development (Fees) Regulations 2018 (S.I. No. 501 of 2018).

E555

Power pursuant to section exercised (8.02.2018) by Planning and Development (Amendment) (No. 3) Regulations 2018 (S.I. No. 31 of 2018).

E556

Power pursuant to section exercised (8.02.2018) by Planning and Development (Amendment) (No. 2) Regulations 2018 (S.I. No. 30 of 2018).

E557

Power pursuant to section exercised (8.02.2018) by Planning and Development (Amendment) Regulations 2018 (S.I. No. 29 of 2018).

E558

Power pursuant to section exercised (9.08.2017) by Planning and Development (Amendment) Regulations 2017 (S.I. No. 342 of 2017), in effect as per reg. 2(1).

E559

Power pursuant to section exercised (3.07.2017) by Planning and Development (Strategic Housing Development) Regulations 2017 (S.I. No. 271 of 2017), in effect as per reg. 2.

E560

Power pursuant to section exercised (1.10.2015) by Planning and Development (Amendment) Regulations 2015 (S.I. No. 264 of 2015), in effect as per reg. 1(3).

E561

Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).

E562

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).

E563

Power pursuant to section exercised (8.09.2011) by Planning and Development (Amendment) (No. 2) Regulations 2011 (S.I. No. 454 of 2011).

E564

Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).

E565

Power pursuant to section exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).

E566

Power pursuant to section exercised (10.07.2008) by Planning and Development (Amendment) Regulations 2008 (S.I. No. 256 of 2008).

E567

Power pursuant to section exercised (2.07.2008) by Planning and Development Regulations 2008 (S.I. No. 235 of 2008).

E568

Power pursuant to section exercised (20.08.2007) by Planning and Development Act 2000(Certification of Fairground Equipment) (Amendment) Regulations 2007 (S.I. No. 590 of 2007).

E569

Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).

E570

Power pursuant to section exercised (21.12.2006) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E571

Power pursuant to section exercised (14.07.2005) by Planning and Development Regulations 2005 (S.I. No. 364 of 2005).

E572

Power pursuant to section exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).

E573

Power pursuant to section exercised (1.10.2003) by Planning and Development Act 2000 (Certification of Fairground Equipment) Regulations 2003 (S.I. No. 449 of 2003).

E574

Power pursuant to section exercised (6.03.2003) by Planning and Development Regulations 2003 (S.I. No. 90 of 2003).

E575

Power pursuant to section exercised (22.04.2002) by Planning and Development (No. 2) Regulations 2002 (S.I. No. 149 of 2002).

E576

Power pursuant to section exercised (11.03.2002) by Planning and Development Regulations 2002 (S.I. No. 70 of 2002).

E577

Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E578

Previous affecting provision: power pursuant to subs. (2) exercised (7.08.2020 for relevant period to 31.03.2022) by Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2020 (S.I. No. 293 of 2020); Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, Part 3 ceased on expiry of relevant period as per s. 2(3)(b) as amended (10.02.2022) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 1(a), commenced as per s. 5(2).

E579

Previous affecting provision: power pursuant to section exercised (27.03.2020 for relevant period 31.03.2022) by Planning and Development Act 2000 (Section 181) Regulations 2020 (S.I. No. 93 of 2020); Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, Part 3 ceased on expiry of relevant period as per s. 2(3)(b) as amended (10.02.2022) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 1(a), commenced as per s. 5(2).

E580

Previous affecting provision: power pursuant to subs. (2) exercised (27.03.2020 for relevant period to 31.03.2022) by Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2020 (S.I. No. 92 of 2020); Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, Part 3 ceased on expiry of relevant period as per s. 2(3)(b) as amended (10.02.2022) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 1(a), commenced as per s. 5(2).

E581

Previous affecting provision: power pursuant to section exercised (20.07.2001) by Planning and Development (Appointment of Chairperson and Ordinary Members of an Board Pleanála) Regulations 2001 (S.I. No. 336 of 2000); revoked (21.02.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.

E582

Previous affecting provision: power pursuant to section exercised (17.04.2001) by Planning and Development (Licensing of Outdoor Events) Regulations 2001 (S.I. No. 154 of 2001); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1 .

E583

Previous affecting provision: power pursuant to section exercised (1.01.2001) by Planning and Development (No. 2) Regulations 2000 (S.I. No. 457 of 2000), in effect as per reg. 2; revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1, in effect as per reg. 2(1).

E584

Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000); revoked (21.02.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.