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Planning and Development Act 2000
Development in special planning control area.
87.—(1) F463[Notwithstanding paragraph (a), (h), (i), (ia), (j), (k) or (l) of section 4(1), or any regulations made under section 4(2),] any development within an area of special planning control shall not be exempted development where it contravenes an approved scheme applying to that area.
(2) When considering an application for permission in relation to land situated in an area of special planning control, a planning authority, or the Board on appeal, shall, in addition to the matters set out in section 34, have regard to the provisions of an approved scheme.
(3) An owner or occupier of land situated in an area of special planning control may make a written request to the planning authority, within whose functional area the area of special planning control is situated, for a declaration as to—
(a) those developments or classes of development that it considers would be contrary or would not be contrary, as the case may be, to the approved scheme concerned,
(b) the objectives or provisions of the approved scheme that apply to the land, or
(c) the measures that will be required to be undertaken in respect of the land to ensure compliance with such objectives or provisions.
(4) Within 12 weeks of receipt by a planning authority of a request under subsection (3), or within such other period as may be prescribed by regulations of the Minister, a planning authority shall issue a declaration under this section to the person who made the request.
(5) A planning authority may at any time rescind or vary a declaration under this section.
(6) The rescission or variation of a declaration under subsection (5) shall not affect any development commenced prior thereto in reliance on the declaration concerned and that the planning authority has indicated, in accordance with paragraph (a) of subsection (3), would not be contrary to an approved scheme.
(7) A declaration under this section is without prejudice to the application of section 5.
(8) A planning authority shall cause—
(a) the particulars of any declaration issued by that authority under this section to be entered on the register kept by the authority under section 7, and
(b) a copy of the declaration to be made available for inspection by members of the public during office hours, at the principal office of the authority, following the issue of the declaration.
Annotations
Amendments:
F463
Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 24, S.I. No. 474 of 2011, subject to transitional provision in subs. (2).
Modifications (not altering text):
C195
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— ...
(q) a request for a declaration made under subsection (3) of section 87 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.]
Editorial Notes:
E280
Previous affecting provision: subs. (1) amended by Planning and Development (Amendment) Act 2010 (30/2010), s. 36, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.