Planning and Development Act 2000

Regulations regarding applications for permission.

33

33.—(1) The Minister shall by regulations provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for permission for the development of land.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for the following—

( a) requiring the submission of information in respect of applications for permission for the development of land;

( b) requiring any applicants to publish any specified notices with respect to their applications;

( c) enabling persons to make submissions or observations on payment of the prescribed fee and within a prescribed period;

F265 [ ( ca ) providing for the waiving or reduction of a fee to which paragraph (c) would relate, or the payment of a different fee, in respect of submissions or observations made by a person in his or her capacity as a member of a local authority; ]

( d) requiring planning authorities to acknowledge in writing the receipt of submissions or observations;

( e) requiring any applicants to furnish to any specified persons any specified information with respect to their applications;

( f) requiring planning authorities to—

(i) (I) notify prescribed authorities of such proposed development or classes of development as may be prescribed, or

(II) consult with them in respect thereof,

and

(ii) give to them such documents, particulars, plans or other information in respect thereof as may be prescribed;

( g) requiring any applicants to submit any further information with respect to their applications (including any information as to any estate or interest in or right over land) or information regarding any effect on the environment which the development may have;

( h) enabling planning authorities to invite an applicant to submit to them revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the application relates and, in case the plans, drawings or particulars are submitted to a planning authority in response to such an invitation, enabling the authority in deciding the application to grant a permission for the relevant development as modified by all or any of the plans, drawings or particulars;

( i) requiring the production of any evidence to verify any particulars of information given by any applicants;

( j) requiring planning authorities to furnish to the Minister and to any other specified persons any specified information with respect to applications and the manner in which they have been dealt with;

( k) requiring planning authorities to publish or give notice of their decisions in respect of applications for permission, including the giving of notice thereof to prescribed bodies and to persons who made submissions or observations in respect of such applications;

F265 [ ( ka ) facilitating the making and processing by electronic means of

(i) planning applications, appeals, referrals, applications for approval, submissions and consents under this Act, and

(ii) the payment of fees, the issuing of decisions and setting out of requirements to which subparagraph (i) relates;

( kb ) requiring the inputting of data by planning authorities into such databases or national planning systems as may be prescribed by the Minister; ]

( l) requiring an applicant to submit specified information to the planning authority with respect to development, or any class of development, carried out by a person to whom section 35(7) applies pursuant to a permission granted to the applicant or to any other person under this Part or under Part IV of the Act of 1963.

(3) ( a) Regulations under this section may, for the purposes of securing the attainment of an objective included in a development plan pursuant to section 10(2)(m) , require any applicant for permission to provide the planning authority with such information, in respect of development (including development of a particular class) that the applicant proposes to carry out in a Gaeltacht area, as it may specify.

( b) A requirement to which paragraph (a) applies may relate to development belonging to a particular class.

( c) Before making regulations containing a requirement to which paragraph (a) applies the Minister shall consult with the Minister for Arts, Heritage, Gaeltacht and the Islands.

(4) Regulations under this section may make additional or separate provisions in regard to applications for outline permission within the meaning of section 36 .

F266 [ (5) Regulations under this section may make different provision with respect to applications for permission for development made by the Central Bank of Ireland in cases where the disclosure of information in relation to the application concerned might prejudice the security, externally or internally, of the development or the land concerned or facilitate any unauthorised access to or from the land by any person, and such regulations may make provision modifying the operation of section 38 in relation to applications in those cases. ]

Annotations

Amendments:

F265

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 22(a), (b), S.I. No. 436 of 2018.

F266

Inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 90(a), S.I. No. 287 of 2013.

Modifications (not altering text):

C37

Functions under subs. (3)(c) and regulations transferred (1.06.2011) by Irish Language, Gaeltacht and the Islands (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 216 of 2011), regs. 2 and 3.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Tourism, Culture and Sport.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs under—

(a) section 33 (3)(c) of the Planning and Development Act 2000 (No. 30 of 2000), and

(b) the Planning and Development Regulations 2001 (S.I. No. 600 of 2001),

are transferred to the Minister for Tourism, Culture and Sport.

Editorial Notes:

E140

Power pursuant to section exercised (15.01.2021) by Planning and Development (Amendment) Regulations 2021 (S.I. No. 9 of 2021).

E141

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

E142

Power pursuant to section exercised (10.09.2015) by Planning and Development (Amendment) (No. 3) Regulations 2015 (S.I. No. 387 of 2015).

E143

Power pursuant to section exercised (16.07.2015) by Planning and Development (Amendment) (No. 2) Regulations 2015 (S.I. No. 310 of 2015), in effect as per reg. 2.

E144

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

E145

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

E146

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

E147

Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03 2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E148

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

E149

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