Planning and Development Act 2000

Application of Chapter

280

280.(1) Subject to subsection (2), this Chapter applies to development situated

(a) wholly in the nearshore area of a coastal planning authority, or

(b) partly in the nearshore area of a coastal planning authority and partly on land.

(2) This Chapter does not apply to development

(a) of a class specified in the Eighth Schedule (inserted by section 172 of the Maritime Area Planning Act 2021),

(b) in accordance with

(i) a permission under Part III (whether or not granted before the repeal of Part XV) that, immediately before the repeal of Part XV, was required in accordance with section 225, F1197[]

(ii) an approval under section 226 (whether or not granted before the repeal of Part XV),

or

(c) consisting of

(i) the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or

(ii) the deposit of any material in accordance with a consent referred to in section 13 of the Act of F1198[1933, or]]

F1199[(d) subject to subsection (3), on the commencement of section 249 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023—

(i) that was the subject of either—

(I) a lease made, on or after 1 October 2017, under section 2 of the Act of 1933 authorising the lessee to do, for the purposes of the development, one or more than one of the acts referred to in that section, or

(II) a licence granted, on or after 1 October 2017, under section 3 of the Act of 1933 authorising the licensee to do, for the purposes of the development, one or more than one of the acts referred to in that section,

(ii) for which permission under Part III was not required, and

(iii) that—

(I) has been completed,

(II) has commenced but has not been completed, or

(III) has not commenced.]

F1199[(3) Subsection (2) shall cease to apply to any development referred to in paragraph (d) of that subsection which has not been completed on or before the 5th anniversary of the date of commencement of section 249 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.]

Annotations

Amendments:

F1196

Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 171, S.I. No. 488 of 2022.

F1197

Deleted (31.12.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023, s. 249(a)(i), S.I. No. 653 of 2023.

F1198

Substituted (31.12.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023, s. 249(a)(ii), S.I. No. 653 of 2023.

F1199

Inserted (31.12.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023, s. 249(a)(iii), (b), S.I. No. 653 of 2023.