Planning and Development Act 2000

F1239[ Disapplication of certain provisions of Act in relation to maritime area


308. (1) The following provisions shall not apply in relation to the maritime area, and accordingly references in those provisions to functional area, administrative area or area of a planning authority or local authority shall not include references to the nearshore area of a coastal planning authority:

(a) Parts II (other than sections 28, 29 and 30), IIA, IV, V, IX, XIII and XVI; and

(b) sections 37A, 37B, 37C, 37D, 37E, 37F, 37G, 37H, 37I, 37J, 37K, 37L, 37M, 37N, 37O, 37P, 37Q, 37R, 37S, 261, 261A and 266.

(2) Subject to subsection (2) of section 282 and subsection (3) of section 293, a requirement under this Act to

(a) comply (howsoever expressed) with a development plan, local area plan or regional spatial and economic strategy, or

(b) act in accordance with, consider, have regard to or otherwise take account of (howsoever expressed) any such plan or strategy in the performance of any function under this Act,

shall not apply in relation to the maritime area.

(3) Part XII shall not apply to that part of the maritime area that does not consist of land covered by coastal water.]




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