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Planning and Development Act 2000
Special planning control scheme.
85.—(1) Subsection (2), (3), (4), (5) and (6) shall, upon the passing of a resolution by the planning authority concerned, be complied with in relation to the scheme specified in the resolution.
(2) The planning authority shall, as soon as may be after the passing of a resolution under subsection (1)—
(a) notify in writing the Minister, the Board and such other persons as may be prescribed, of the preparation of the scheme,
(b) send copies of the scheme to each of the persons referred to in paragraph (a), and
(c) publish a notice of the preparation of the scheme in one or more newspapers circulating in the city or town concerned.
(3) A notice under subsection (2) shall—
(a) indicate the place or places at which, and the period (being not less than 8 weeks) during and times at which, a copy of the scheme may be inspected (and a copy of the scheme shall be kept available for inspection accordingly), and
(b) invite submissions or observations in relation to the scheme within such period (being not less than 8 weeks) as is specified in the notice.
(4) (a) Where the scheme prepared under subsection (1) includes an objective or provision relating to—
(i) the co-ordination, upgrading or changing of specified shop frontages,
(ii) the control of the layout of specified areas, the density, building lines and height of specified structures and the treatment of spaces around and between specified structures,
(iii) the control of the design, colour and materials of specified structures,
(iv) the promotion of the maintenance, repair or cleaning of specified structures,
(v) the control of the use or uses of any specified structure or other land in the area,
(vi) the discontinuance of the existing use of any specified structure or other land,
(vii) the development or redevelopment of specified derelict or vacant sites, or
(viii) the control of specified advertisement structures or of the exhibition of specified advertisements,
the planning authority shall, as soon as may be after the making of a resolution under subsection (1), notify in writing each person who is the owner or occupier of land thereby affected, of the objective or provision concerned.
(b) A notice under paragraph (a) shall refer to the land concerned and shall—
(i) specify the measures that are required to be undertaken in respect of the structure or other land to ensure compliance with the proposed objective or objectives,
(ii) indicate the place or places at which, and the period (being not less than 8 weeks) during and times at which, a copy of the scheme may be inspected (and the copy shall be kept available for inspection accordingly), and
(iii) invite submissions or observations in relation to the proposed objective or provision within such period (being not less than 8 weeks) as is specified in the notice.
(5) (a) Not later than 12 weeks after giving notice under subsection (2) and, where appropriate, a notification under subsection (4), whichever occurs later, the F462[chief executive] of a planning authority shall prepare a report on any submissions or observations received in relation to a scheme prepared under subsection (1) and shall submit the report to the members of the authority for their consideration.
(b) A report under paragraph (a) shall—
(i) list the persons who made submissions or observations in relation to the scheme,
(ii) give a summary of the matters raised in those submissions or observations, and
(iii) include the response of the F462[chief executive] to the submissions or observations.
(6) In responding to submissions or observations made in relation to a scheme prepared under subsection (1), the F462[chief executive] of a planning authority shall take account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives of the Government or of any Minister of the Government.
(7) A planning authority may, after considering a scheme prepared under subsection (1) and the report of the F462[chief executive] under subsection (5), by resolution, approve the scheme with or without modifications, or refuse to so approve, and a scheme so approved shall be known as and is referred to in this Part as an “approved scheme”.
(8) An architectural conservation area, or that part of an architectural conservation area, to which a scheme approved by a planning authority under subsection (7) applies shall be known as and is referred to in this Act as an “area of special planning control”.
(9) (a) Where a planning authority approves a scheme under subsection (7), it shall publish a notice thereof in one or more newspapers circulating in the city or town concerned.
(b) A notice under paragraph (a) shall indicate the place or places at which, and times during which, an approved scheme may be inspected (and a copy thereof shall be kept available for inspection accordingly).
(c) A planning authority shall send a copy of the scheme to the Minister, the Board and such other persons as may be prescribed.
Annotations
Amendments:
F462
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 55-57, S.I. No. 436 of 2018.
Modifications (not altering text):
C192
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 344, not commenced as of date of revision.
Scheme under section 85 of Act of 2000
344.—A scheme approved under section 85 of the Act of 2000 in operation immediately before the repeal of that section by section 6, shall—
(a) continue to apply and have effect on and after such repeal, and
(b) be deemed to be a special planning control scheme,
and accordingly references in this Act to area of special planning control shall be construed as including an architectural conservation area, or part of an architectural conservation area, to which that scheme applies.
C193
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— ...
(o) a notice sent or published (whichever occurs first in the particular case) under subsection (2) of section 85 of the Act of 2000 (including, in accordance with subsection (2) of section 86 of that Act, a notice sent or published for the purposes of that section 86),
...
"operative date" means the date of the coming into operation of section 115 of the Planning and Development (Amendment) Act 2026.]
Editorial Notes:
E276
Approving, amending or revoking a special planning control scheme is a reserved function of local authorities or municipal district members as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 2 item 14 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E277
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).
E278
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).