Planning and Development Act 2000

F1229[Decision by Board in respect of application under section 291

293

293. (1) When making a decision in respect of an application under section 291, the Board may consider

(a) any information before it that it considers relevant to the application, and

(b) any other matter to which, by virtue of this Act, it is permitted to have regard.

(2) (a) Subject to paragraph (b), the Board shall not grant a permission under this section that would materially contravene the National Marine Planning Framework or a maritime spatial plan.

(b) The Board may grant a permission under this section that would materially contravene the National Marine Planning Framework or a maritime spatial plan if it is satisfied that

(i) the proposed development is of strategic, economic or social importance to the State, and

(ii) the National Marine Planning Framework or the maritime spatial plan, as the case may be, contains objectives that conflict with one another or that are ambiguous with regard to their application to the proposed development.

(3) Without prejudice to the generality of subsection (1), the Board shall, in the making of a decision in relation to an application under section 291, have regard to

(a) the marine planning policy statement,

(b) guidelines issued under section 7 of the Maritime Area Planning Act 2021,

(c) guidelines issued under section 28,

(d) any regional, spatial and economic strategy of a regional assembly

(i) within whose functional area it is proposed to carry out development to which the application relates, or

(ii) whose functional area adjoins the maritime site to which the application relates,

(e) the development plan of any coastal planning authority

(i) within whose functional area it is proposed to carry out development to which the application relates, or

(ii) whose functional area adjoins the maritime site to which the application relates,

(f) any local area plan applicable to a part of the functional area of any coastal planning authority

(i) within which it is proposed to carry out development to which the application relates, or

(ii) that adjoins the maritime site to which the application relates,

(g) any submissions or observations made in relation to the application for permission concerned

(i) by prescribed bodies,

(ii) by members of the public, or

(iii) pursuant to and in accordance with a notice referred to in paragraph (c) or (d) of subsection (3) of section 291,

(h) any

(i) environmental impact assessment report,

(ii) information specified in Schedule 7A of the Regulations of 2001,

(iii) Natura impact statement, or

(iv) screening statement in relation to appropriate assessment in respect of the proposed development,

accompanying the application for permission,

(i) the likely effects of the proposed development on the environment or any European site,

(j) any submissions or observations from

(i) the Maritime Area Regulatory Authority,

(ii) the Environmental Protection Agency,

(iii) the Minister,

(iv) the Minister for Agriculture, Food and the Marine,

(v) the Minister for the Environment, Climate and Communications, or

(vi) a coastal planning authority

(I) within whose functional area it is proposed to carry out development to which the application relates, or

(II) whose functional area adjoins the maritime site to which the application relates,

(k) any report prepared or recommendation made in relation to the application for permission in accordance with section 146,

(l) any recommendation or record referred to in subsection (7) of section 291 in relation to the application for permission,

(m) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 200822 , and any enactment or instrument under an enactment that gives effect thereto,

(n) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 201423 ,

(o) objectives of maritime spatial planning, and

(p) principles of proper planning and sustainable development.

(4) The Board may, in respect of an application for permission under section 291

(a) grant the permission subject to such modifications (if any) to the proposed development as it may specify,

(b) grant the permission in respect of part of the proposed development concerned subject to such modifications (if any) to that part as it may specify, or

(c) refuse to grant the permission,

and the Board may attach such conditions to a permission granted under paragraph (a) or (b) as it considers appropriate.

F1230[(4A) Where the Board grants permission for a development on foot of an application in respect of which the Board has given an opinion under section 287B(2), the permission shall include a condition in respect of any detail of the development that was not confirmed at the time of the application requiring—

(a) the actual detail of the development to fall within specified options, parameters or a combination of options and parameters, and

(b) the applicant to notify the Board in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.]

(5) Where the Board decides to grant permission under this section for development that consists, or is for the purpose, of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not attach conditions to that permission that would be for the purpose of

(a) controlling, preventing or limiting emissions resulting from the activity, or

(b) controlling emissions related to, or consequential on, the cessation of the activity.

(6) The Board may refuse permission for proposed development that consists, or is for the purpose, of an activity for which

(a) a licence under Part IV of the Environmental Protection Agency Act 1992 , or

(b) an authorisation under the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007),

is required (whether or not such licence or authorisation has been granted), if it is satisfied that the proposed development would not be consistent with objectives of maritime spatial planning or principles of proper planning and sustainable development.

(7) Without prejudice to the generality of subsection (4), the Board may attach any one or more of the following conditions to a permission for development under this section:

(a) conditions requiring the carrying out of works for the preservation of any site of archaeological interest or any wreck within the meaning of the National Monuments (Amendment) Act 1987;

(b) conditions requiring the carrying out of such works as the Board may specify for the purposes of the development;

(c) for the purpose of ensuring compliance with the terms of the maritime area consent granted for the occupation of the maritime site concerned, conditions regulating the development or use of any part of the maritime area that adjoins that maritime site;

(d) conditions requiring

(i) the provision, protection or maintenance of access to the maritime area and land adjoining the maritime area by members of the public or members of a class of the public, or

(ii) the carrying out of works for the purpose of such provision, protection or maintenance;

(e) conditions aimed at protecting rights to navigate in the maritime area;

(f) conditions aimed at protecting rights to fish in the maritime area;

(g) conditions for or in connection with

(i) the protection of the marine environment (including the protection of fisheries),

(ii) the safety of navigation, or(iii) the protection of underwater cables, wires, pipelines or other similar apparatus used for the purpose of

(I) transmitting electricity or telecommunications signals, or

(II) carrying gas, petroleum, oil or water;

(h) conditions requiring the adoption of measures to reduce or prevent the emission of any noise or vibration from any structure or area comprised in the development authorised by the permission;

(i) conditions relating to the sequence of, and the times at which, works for the purposes of the development may be carried out;

(j) conditions requiring, and relating to, the maintenance or management of the proposed development;

(k) conditions requiring the recovery or disposal of construction and demolition waste in such manner as may be specified by the Board;

(l) conditions requiring, and relating to

(i) the removal of any structures authorised by the permission, or

(ii) the discontinuance of any activity so authorised,

upon the expiration of such period as the Board may specify, and requiring, and relating to, the carrying out of any works necessary for the reinstatement of the site concerned upon such expiration;

(m) a condition requiring the applicant to submit such information, as may be specified by the Board, to

(i) the Maritime Area Regulatory Authority,

(ii) such coastal planning authority as may be specified by the Board, or

(iii) any such other public body as may be specified by the Board,

prior to commencement of the development concerned;

(n) a condition requiring

(i) the construction, or the financing (in whole or in part) of the construction, of a facility that, in the opinion of the Board, would provide a substantial gain to the community, or

(ii) the provision, or the financing (in whole or in part) of the provision, of a service that, in the opinion of the Board, would provide such a gain,

in the area in which it is proposed to carry out the development;

(o) conditions requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the functional area of any coastal planning authority in which the development concerned is (in whole or in part) proposed to be situated; and

(p) any condition that may be attached to a permission in accordance with subsection (4) of section 34.

(8) A condition attached to a permission in accordance with paragraph (n) of subsection (7) shall not require such an amount of financial resources to be committed for the purposes of compliance with the condition as would substantially deprive the person in whose favour the permission operates of the benefits likely to accrue from the grant of the permission.

(9) (a) Without prejudice to the generality of subsection (4), the Board may, in addition to any condition attached (in accordance with subsection (7)) to a permission for development proposed to be situated in the nearshore area of a coastal planning authority, attach to that permission a condition that the person who carries out the development agree matters of detail with the coastal planning authority and the Board relating to compliance with the permission, and if agreement cannot be reached in relation to any such matter by that person with the coastal planning authority and the Board within such period as may be specified in the condition, the Board shall determine the matter.

(b) Without prejudice to the generality of subsection (4), the Board may, in addition to any condition attached (in accordance with subsection (7)) to a permission for development proposed to be situated in the outer maritime area, attach to that permission a condition that the person who carries out the development agree matters of detail with the Board relating to compliance with the permission, and if agreement cannot be reached in relation to any such matter by that person with the Board within such period as may be specified in the condition, the Board shall determine the matter.]

Annotations:

Amendments:

F1229

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

F1230

Inserted (1.10.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 73(c), S.I. No. 487 of 2022.