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Planning and Development Act 2000
Notice of intention to acquire protected structure compulsorily.
72.—(1) A planning authority intending to acquire any protected structure compulsorily under this Part shall—
(a) publish in one or more newspapers circulating in its functional area a notice—
(i) stating its intention to acquire the protected structure compulsorily under this Part,
(ii) describing the structure to which the notice relates,
(iii) naming the place where a map showing the location of the protected structure is deposited and the times during which it may be inspected, and
(iv) specifying the time within which (not being less than 4 weeks), and the manner in which, objections to the acquisition of the structure may be made to the planning authority,
and
(b) serve on every owner, lessee and occupier (except tenants for one month or a period less than one month) of the structure a notice which complies with paragraph (a).
(2) In this section, “owner”, in relation to a protected structure, means—
(a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the protected structure, and
(b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the protected structure.
Annotations
Modifications (not altering text):
C185
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
(c) subject to the following and any other necessary modifications:
(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— ...
(n) a notice published or served (whichever occurs first in the particular case) under section 72 of the Act of 2000 (including, in accordance with subsection (3) of section 83 of that Act, a notice published or served for the purposes of that section 83),
...
"operative date" means the date of the coming into operation of section 115 of the Planning and Development (Amendment) Act 2026.]