Planning and Development Act 2000

Planning register.

7

7.—(1) A planning authority shall keep a register for the purposes of this Act in respect of all land within its functional area, and shall make all such entries and corrections therein as may be appropriate in accordance with subsection (2), and the other provisions of this Act and the regulations made under this Act.

(2) A planning authority shall enter in the register—

F49 [ ( a ) particulars of any application made to it under this Act for permission for development, for retention of development, for substitute consent including for leave to apply for substitute consent, or for outline permission for development (including the name and address of the applicant, the date of receipt of the application and brief particulars of the development or retention forming the subject of the application), ]

F49 [ ( b ) where an F50 [ environmental impact assessment report, remedial environmental impact assessment report ] , Natura impact statement or remedial Natura impact statement was submitted in respect of an application, an indication of this fact,

F51 [ ( bb ) where applicable

(i) a screening determination for environmental impact assessment (within the meaning of section 176A(1) ) and the reasons therefor, or

(ii) the outcome of screening for appropriate assessment and the reasons therefor, ] ]

( c) where a development, to which an application relates, comprises or is for the purposes of an activity in respect of which an integrated pollution control licence or a waste management licence is required, or a licence under the Local Government (Water Pollution) Act, 1977, is required in respect of discharges from the development, a statement as to that requirement,

( d) where the development to which the application relates would materially affect a protected structure or is situated in an area declared to be an area of special amenity under section 202 , an indication of this fact,

F52 [ ( e ) the complete decision of the planning authority in respect of any such application, including any conditions imposed and the date of the decision, together with such further points of detail as are agreed, or deemed to have been agreed, under section 34(5) , between the planning authority and the person carrying out the development, ]

( f) the complete decision on appeal of the Board in respect of any such application, including any conditions imposed, and the date of the decision,

( g) where the requirements of section 34(6) in regard to the material contravention of the development plan have been complied with, a statement of this fact,

( h) particulars of any declaration made by a planning authority under section 5 or any decision made by the Board on a referral under that section,

( i) particulars of any application made under section 42 to extend the appropriate period of a permission,

( j) particulars of any decision to revoke or modify a permission in accordance with section 44 ,

( k) particulars under section 45 of any order, of any decision on appeal or of any acquisition notice for compulsory acquisition of land for open space,

( l) particulars of any notice under section 46 requiring removal or alteration of any structure, or requiring discontinuance of any use or the imposition of conditions on the continuance thereof, including the fact of its withdrawal, if appropriate,

( m) particulars of any agreement made under section 47 for the purpose of restricting or regulating the development or use of the land,

( n) particulars of any declaration issued by the planning authority under section 57 , including the details of any review of the declaration,

( o) particulars of any declaration issued by the planning authority under section 87 , including the details of any review of the declaration,

( p) particulars of any notice under section 88 in respect of land in an area of special planning control, including, where such notice is withdrawn, the fact of its withdrawal,

( q) particulars of any certificate granted under section 97 ,

( r) particulars of any warning letter issued under section 152 , including the date of issue of the letter and the fact of its withdrawal, if appropriate,

( s) the complete decision made under section 153 on whether an enforcement notice should issue, including the date of the decision,

F53 [ ( sa ) particulars of any enforcement notice issued under section 177O ; ]

( t) particulars of any enforcement notice issued under section 154 , including the date of the notice and the fact of its withdrawal or that it has been complied with, if appropriate,

F54 [ ( tt ) particulars of any development referred to in section 179(4)(b) , ]

( u) particulars of any statement prepared under section 188 concerning a claim for compensation under this Act,

( v) particulars of any order under section 205 requiring the preservation of any tree or trees, including the fact of any amendment or revocation of the order,

( w) particulars of any agreement under section 206 for the creation of a public right of way over land,

( x) particulars of any public right of way created by order under section 207 ,

F53 [ ( xa ) particulars of any notice given under section 177B , decision of the Board under section 177D , or 177K , or direction served under section 177J or 177L , ]

( y) particulars of any information relating to the operation of a quarry provided in accordance with section 261 , and

( z) any other matters as may be prescribed by the Minister.

(3) The planning authority shall make the entries and corrections as soon as may be after the receipt of any application, the making of any decision or agreement or the issue of any letter, notice or statement, as appropriate.

(4) The register shall incorporate a map for enabling a person to trace any entry in the register.

(5) The planning authority may keep the information on the register, including the map incorporated under subsection (4), in a form in which it is capable of being used to make a legible copy or reproduction of any entry in the register.

(6) ( a) The register shall be kept at the offices of the planning authority and shall be available for inspection during office hours.

( b) The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of the register.

(7) Every document purporting to be a copy of an entry in a register maintained by a planning authority under this section and purporting to be certified by an officer of the planning authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was such an officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(8) Evidence of an entry in a register under this section may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

(9) Where an application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him or her to the planning authority of the specified fee in respect of each entry.

Annotations

Amendments:

F49

Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 6(a) and (b), S.I. No. 475 of 2011.

F50

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 1, in effect as per reg. 2(1).

F51

Substituted (1.01.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 27(a), S.I. No. 588 of 2018.

F52

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 9, S.I. No. 436 of 2018.

F53

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 6(c) and (d), S.I. No. 475 of 2011.

F54

Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 7, S.I. No. 525 of 2006.