Planning and Development Act 2000

Revised Acts

This Act

Download PDFs

On the eISB

Planning and Development Act 2000

《 Go to Front 〈 Previous Section Next Section 〉

Notice to require works to be carried out in relation to endangerment of protected structures.

59.—(1) Where, in the opinion of the planning authority, it is necessary to do so in order to prevent a protected structure situated within its functional area from becoming or continuing to be endangered, the authority shall serve on each person who is the owner or occupier of the protected structure a notice—

(a) specifying the works which the planning authority considers necessary in order to prevent the protected structure from becoming or continuing to be endangered, and

(b) requiring the person on whom the notice is being served to carry out those works within a specified period of not less than 8 weeks from the date the notice comes into effect under section 62.

(2) After serving notice under subsection (1) on a person, a planning authority may—

(a) at its discretion, assist the person in carrying out the works required under the notice, and

(b) provide such assistance in any form it considers appropriate, including advice, financial aid, materials, equipment and the services of the authority’s staff.

(3) Any person on whom a notice under subsection (1) has been served may, within 4 weeks from the date of service of the notice, make written representations to the planning authority concerning—

(a) the terms of the notice,

(b) the provision of assistance under subsection (2), and

(4) After considering any representations made under subsection (3), the planning authority may confirm, amend or revoke the notice, and shall notify the person who made the representations of its decision.

(5) Particulars of a notice served under this section shall be entered in the register.

Annotations

Modifications (not altering text):

C169

Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 9(9), (10), not commenced as of date of revision.

Exempted development

9. ...

(9) Development in accordance with a notice under subsection (1) of section 59, or subsection (2) of section 60, of the Act of 2000 commenced on or after the repeal of that section by section 6 shall be exempted development for the purposes of this Act.

(10) Development to which—

(a) a declaration under subsection (4) or (4A) of section 181B of the Act of 2000 applies, or

(b) a declaration under subparagraph (i) of paragraph (ba) of subsection (2A) of section 181 of the Act of 2000 applies,

shall be exempted development for the purposes of this Act.

C170

Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 329(1), not commenced as of date of revision.

Notices under sections 59 and 60 of Act of 2000

329.—(1) A notice under subsection (1) of section 59 of the Act of 2000 shall, on and after the repeal of that section by section 6, continue to be valid and, accordingly, those sections and sections 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 of that Act shall continue to apply in relation to such a notice to the extent that they would have applied had that repeal not been effected.

...

C171

Certain decisions, acts or omissions made subject to new judicial review provisions by Planning and Development Act 2024 (34/2024), s. 303A, as inserted (12.08.2026) by Planning and Development (Amendment) Act 2026 (27/2026), s. 115, S.I. No. 414 of 2026, art. 2(c).

[Application of Chapter 1 to certain decisions or acts under Act of 2000

303A. (1) Subject to subsection (2), Chapter 1 shall apply to—

(a) any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, and

(b) any alleged failure of an Act of 2000 body to perform a function referred to in paragraph (a), as it applies to a decision made or act done in the performance, or purported performance, of a function by a relevant body under this Act, or the alleged failure by a relevant body to perform such a function.

(2) Chapter 1 shall apply and have effect, in accordance with subsection (1)—

(a) as if, in subsection (1) of section 279, the following paragraph were substituted for paragraph (a):

"(a) questions the validity of any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, or questions the alleged failure of an Act of 2000 body to perform such a function, and",

(b) as if, in subsection (2) of section 279, the following paragraphs were substituted for paragraphs (a) and (b):

"(a) question the validity of any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, or

(b) question the alleged failure of an Act of 2000 body to perform a function referred to in paragraph (a),",

and

(i) references in that Chapter to a relevant body shall be construed as references to an Act of 2000 body;

(ii) references in that Chapter to Part 9 judicial review shall be construed in accordance with section 279 as modified by paragraphs (a) and (b);

(iii) references in that Chapter to this Act shall be construed as including the Act of 2000.

(3) Proceedings commenced under Chapter 1 as it applies in accordance with this section shall not be considered to be Part 9 judicial review proceedings for the purposes of Chapter 2.

(4) In this section—

"Act of 2000 body" means a planning authority (within the meaning of the Act of 2000), a local authority (within the meaning of the Act of 2000), the Commission, or the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019);

"Act of 2000 procedure" means a procedure under the Act of 2000 (including as that Act continues to apply and have effect in accordance with this Act following the repeal of any provision of it under section 6) that is initiated on or after the operative date by— ...

(l) a notice served under subsection (1) of section 59 of the Act of 2000,

...

"operative date" means the date of the coming into operation of section 115 of the Planning and Development (Amendment) Act 2026.]