Planning and Development Act 2000

Agreements regulating development or use of land.

47

47.—(1) A planning authority may enter into an agreement with any person interested in land in their area, for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be specified by the agreement, and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the planning authority to be necessary or expedient for the purposes of the agreement.

(2) A planning authority in entering into an agreement under this section may join with any body which is a prescribed authority for the purposes of section 11.

(3) An agreement made under this section with any person interested in land may be enforced by the planning authority, or any body joined with it, against persons deriving title under that person in respect of that land as if the planning authority or body, as may be appropriate, were possessed of adjacent land, and as if the agreement had been expressed to be made for the benefit of that land.

(4) Nothing in this section, or in any agreement made thereunder, shall be construed as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by the Minister, the Board or the planning authority under this Act, so long as those powers are not exercised so as to contravene materially the provisions of the development plan, or as requiring the exercise of any such powers so as to contravene materially those provisions.

(5) Particulars of an agreement made under this section shall be entered in the register.

Annotations

Modifications (not altering text):

C117

Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 257(13), (14), not commenced as of date of revision.

Agreements restricting or regulating development or use of land

257.— …

(13) An agreement under section 47 of the Act of 2000 or section 38 of the Local Government (Planning and Development) Act 1963 that was—

(a) made for the purpose of restricting or regulating the development of land, and

(b) in force immediately before the repeal of the said section 47 by section 6,

shall, on and after that repeal, be deemed to be an agreement made under this section, and accordingly this section shall apply to that agreement.

(14) An agreement under section 47 of the Act of 2000 or section 38 of the Local Government (Planning and Development) Act 1963 that was—

(a) made for the purpose of restricting or regulating the development of a maritime site, and

(b) in force immediately before the repeal of the said section 47 by section 6,

shall, on and after that repeal, be deemed to be an agreement made under this section, and accordingly, for the purposes of the application of this section to that agreement—

(i) references in this section to land shall be construed as including references to a maritime site, and

(ii) references in this section to the land shall be construed as including references to the maritime site.