Planning and Development (Amendment) Act 2010

4.

Amendment of section 2 of Principal Act.

4.— Section 2(1) of the Principal Act is amended—

( a) by the deletion of the definition of “Council Directive”;

( b) by the substitution of—

(i) the following for the definition of “the Birds Directive”:

“‘Birds Directive’ means Directive 2009/147/EC 9 of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;”,

(ii) the following for the definition of “European Site”:

“‘European site’ has the meaning given to it by section 177R of Part XAB;”,

(iii) the following for the definition of “Habitats Directive”:

“‘Habitats Directive’ means Council Directive 92/43/EEC 10 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, amended by Corrigendum to Council Directive 92/43/EEC 11 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora amended by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded 12; Council Directive 97/62/EC 13 of 27 October 1997 adapting to technical and scientific progress Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded 14, and Council Directive 2006/105/EC 15 of 20 November 2006 adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania;”,

(iv) the following for the definition of “Major Accidents Directive”:

“‘Major Accidents Directive’ means Council Directive 96/82/EC of 9 December 1996 16 amended by Directive 2003/105/EC of the European Parliament and Council of 16 December 2003 17;”,

(v) the following for the definition of “planning application”:

“‘planning application’ means an application to a planning authority, or the Board, as the case may be, in accordance with permission regulations for permission for the development of land required by those regulations;”;

( c) by the insertion of the following definitions:

“‘Act of 2001’ means the Transport (Railway Infrastructure) Act 2001;

‘Act of 2006’ means the Planning and Development (Strategic Infrastructure) Act 2006;

‘Act of 2007’ means the Water Services Act 2007;

‘Act of 2008’ means the Dublin Transport Authority Act 2008;

‘Act of 2010’ means the Planning and Development (Amendment) Act 2010;

‘adaptation to climate change’ means the taking of measures to manage the impacts of climate change;

‘allotment’ means an area of land comprising not more than 1,000 square metres let or available for letting to and cultivation by one or more than one person who is a member of the local community and lives adjacent or near to the allotment, for the purpose of the production of vegetables or fruit mainly for consumption by the person or a member of his or her family;

‘anthropogenic’ in relation to greenhouse gas emissions means those emissions that result from or are produced by human activity or intervention;

‘appropriate assessment’ shall be construed in accordance with section 177R;

‘core strategy’ shall be construed in accordance with section 10 (inserted by section 7 of the Planning and Development (Amendment) Act 2010);

‘electronic form’ means information that is generated, communicated, processed, sent, received, recorded, stored or displayed by electronic means and is capable of being used to make a legible copy or reproduction of that communicated information but does not include information communicated in the form of speech and such electronic means includes electrical, digital, magnetic, optical electro-magnetic, biometric, photonic and any other form of related technology;

‘environmental impact assessment’ has the meaning given to it by section 171A;

‘Environmental Impact Assessment Directive’ means Council Directive No. 85/337/EEC of 27 June 1985 18 on the assessment of the effects of certain public and private projects on the environment amended by Council Directive 97/11/EC of 3 March 1997 19, Directive 2003/35/EC 20 of the European Parliament and of the Council of 26 May 2003 and Directive 2009/31/EC 21 of the European Parliament and of the Council of 23 April 2009;

‘flood risk assessment’ means an assessment of the likelihood of flooding, the potential consequences arising and measures, if any, necessary to manage those consequences;

‘housing strategy’ means a strategy included in a development plan under section 94;

‘landscape’ has the same meaning as it has in Article 1 of the European Landscape Convention done at Florence on 20 October 2000;

‘Natura 2000 network’ has the meaning assigned to it by Article 3, paragraph 1 of the Habitats Directive;

‘Natura impact statement’ shall be construed in accordance with section 177T;

‘Natura impact report’ shall be construed in accordance with section 177T;

‘service connection’ has the meaning given to it by section 2 of the Act of 2007;

‘settlement hierarchy’ has the meaning given to it by section 10(2C) (inserted by section 7 of the Act of 2010);

‘strategic development zone’ has the meaning given to it by section 165;

‘strategic environmental assessment’ means an assessment carried out in accordance with regulations made under section 10(5), 13(12), 19(4), 23(3), or 168(3) as the case may be;

‘substitute consent’ has the meaning given to it by section 177A;”.