Planning and Development (Amendment) Act 2018
Number 16 of 2018
PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018
REVISED
Updated to 17 December 2021
This Revised Act is an administrative consolidation of the Planning and Development (Amendment) Act 2018. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Appropriation Act 2021 (43/2021), enacted 17 December 2021, and all statutory instruments up to and including the Planning and Development (Amendment) Act 2018 (Commencement) Order 2021 (S.I. No. 714 of 2021), made 16 December 2021, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 16 of 0000
PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018
REVISED
Updated to 17 December 2021
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Planning and Development Acts 2000 to 2021: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development (Large Scale Residential Developments) Act 2021, s. 18(2)). The Acts and Statutory Instruments in this group are:
• Planning and Development Act 2000 (30/2000)
• Local Government Act 2001 (37/2001), ss. 2, 5(3) and sch. 4 (in so far as they relate to the Act of 2000) and s. 247
• Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3
• Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2
• Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)
• Water Services Act 2007 (30/2007), ss. 1(6) and 114
• Harbours (Amendment) Act 2009 (26/2009), ss. 7(1) and (2) and 21(3)
• Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)
• Planning and Development (Amendment) Act 2010 (30/2010), other than Part 3
• Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5
• Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8
• Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and sch. 2 part 4
• Urban Regeneration and Housing Act 2015 (33/2015)
• Planning and Development (Amendment) Act 2015 (63/2015)
• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), other than s. 1(2)(b) and (c), Parts 3 to 5 and sch.
• Planning and Development (Amendment) Act 2017 (20/2017)
• Planning and Development (Amendment) Act 2018 (16/2018), other than Part 4 and sch. 3 ref. nos. 12-18
• European Union (Planning and Development) (Environment Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), Parts 2, 3, 4 and schs. 1 and 2
• Aircraft Noise (Dublin Airport) Regulation Act (12/2019), Part 3
• Residential Tenancies (Amendment) Act 2019 (14/2019), s. 38
• Local Government Rates and Other Matters Act 2019 (24/2019), ss. 23, 24
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 9
• European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), Part II
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020)
• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021),Part 2 chs. 2, 5
• Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021)
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Maritime Jurisdiction Act 2021 (24/2019)
• Local Government Rates and other Matters Act 2019 (24/2019)
All Acts up to and including Appropriation Act 2021 (43/2021), enacted 17 December 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Planning and Development (Amendment) Act 2018 (Commencement) Order 2021 (S.I. No. 714 of 2020)
• Planning and Development (Amendment) Act 2018 (Commencement) Order 2020 (S.I. No. 44 of 2020)
• Planning And Development (Amendment) Act 2018 (Commencement) Order 2019 (S.I. No. 133 of 2019)
• Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018)
• European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018)
All statutory instruments up to and including Planning and Development (Amendment) Act 2018 (Commencement) Order 2021 (S.I. No. 714 of 2021), made 16 December 2021, were considered in the preparation of this revision.
Number 16 of 2018
PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018
REVISED
Updated to 17 December 2021
CONTENTS
Preliminary and General
1. Short title, collective citation, construction and commencement
Office of the Planning Regulator
4. Office of the Planning Regulator
Miscellaneous and Consequential Amendments to Planning and Development Acts 2000 to 2016
5. Office of the Planning Regulator and amendments to Part II of Principal Act
6. References to manager, etc., in Principal Act
7. Amendment of section 2 of Principal Act
8. Amendment of section 4 of Principal Act
9. Amendment of section 7 of Principal Act
10. Development plan to be consistent with specific planning policy requirements
11. Amendment of section 10 of Principal Act
12. Amendment of section 11 of Principal Act
13. Amendment of section 11B of Principal Act
14. Amendment of section 12 of Principal Act
15. Amendment of section 13 of Principal Act
17. Amendment of section 20 of Principal Act
18. National Planning Framework
19. Publication of certain documents on website of planning authorities
20. Amendment of section 28 of Principal Act
21. Amendment of section 31 of Principal Act
22. Amendment of section 33 of Principal Act
23. Amendment of section 34 of Principal Act
24. Amendment of section 35 of Principal Act
25. Amendment of section 38 of Principal Act
26. Power to vary appropriate period, etc.
27. Revocation or modification of planning permission for certain reasons
28. Development contributions and supplementary development contribution schemes
29. Amendment of section 50B of Principal Act
30. Amendment of section 144 of Principal Act
31. Amendment of section 162 of Principal Act
32. Amendment of section 169 of Principal Act
33. Amendment of section 176A of Principal Act
34. Amendment of section 176C of Principal Act (Repealed)
35. Amendment of section 177S of Principal Act
36. Amendment of section 177T of Principal Act
37. Amendment of section 180 of Principal Act
38. Amendment of section 195 of Principal Act
39. Amendment of section 208 of Principal Act
40. Members of local authorities exempt from payment of certain fees
41. Amendment of section 246 of Principal Act
42. Exemption from fees for submissions and observations by councillors on planning applications
43. Amendment of section 247 of Principal Act
44. Amendment of section 248 of Principal Act
45. Amendment of section 255 of Principal Act
46. Amendment of First Schedule to Principal Act
47. Amendment of Fourth Schedule to Principal Act
48. Construction of Fifth Schedule to Principal Act
49. Amendment of Seventh Schedule to Principal Act
50. Amendment of section 3 of Act of 2016
51. Amendment of section 5 of Act of 2016
52. Amendment of section 6 of Act of 2016
53. Amendment of section 8 of Act of 2016
54. Amendment of section 10 of Act of 2016
55. Amendment of section 12 of Act of 2016
56. Amendment of section 13 of Act of 2016
57. Amendment of section 28 of Act of 2016
Miscellaneous Amendments
59. Amendment of section 23 of Derelict Sites Act 1990
60. Amendment of section 12 of Dublin Transport Authority Act 2008
61. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011
62. Amendment of section 33 of Water Services (No. 2) Act 2013
63. Amendment of section 5 of Act of 2015
65. Miscellaneous amendments of Act of 2015
Marine Spatial Plans
70. Requirements of marine spatial planning
71. Public participation on marine spatial plans
72. Strategic environmental assessment and appropriate assessment
73. Laying of marine spatial plans before each House of Oireachtas
74. Compliance by public bodies
Miscellaneous and Consequential Amendments to Part II of Planning and Development Act 2000
Amendments to Planning and Development Act 2000 Relating to Chief Executive of Local Authorities, etc.
National Planning Framework and References to National Spatial Strategy
Amendment to Planning and Development Act 2000
Publication on Website of a Planning Authority of Certain Submissions and Observations, and Reports of the Chief Executive, Relating to Planning Process
Acts Referred to
Building Control Act 2007 (No. 21)
Civil Service Regulation Act 1956 (No. 46)
Companies Act 2014 (No. 38)
Derelict Sites Act 1990 (No. 14)
Dublin Transport Authority Act 2008 (No. 15)
Environment (Miscellaneous Provisions) Act 2011 (No. 20)
European Parliament Elections Act 1997 (No. 2)
Fire Services Act 1981 (No. 30)
Foreshore Act 1933 (No. 12)
Freedom of Information Act 2014 (No. 30)
Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014 (No. 19)
Industrial and Provident Societies Acts 1893 to 2014
Interpretation Act 2005 (No. 23)
Licensing Acts 1833 to 2011
Local Government Act 1941 (No. 23)
Local Government Act 2001 (No. 37)
Local Government Reform Act 2014 (No. 1)
Planning and Development (Amendment) Act 2010 (No. 30)
Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17)
Planning and Development Act 2000 (No. 30)
Planning and Development Acts 2000 to 2016
Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)
Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7)
Public Transport Regulation Act 2009 (No. 37)
Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)
Roads Act 1993 (No. 14)
Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8)
Urban Regeneration and Housing Act 2015 (No. 33)
Water Services (No. 2) Act 2013 (No. 50)
Water Services Act 2007 (No. 30)
Number 16 of 2018
PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018
REVISED
Updated to 17 December 2021
An Act to amend and extend the Planning and Development Acts 2000 to 2018 and for that purpose to establish an office, to be known as the Office of the Planning Regulator, to evaluate and carry out assessments relating to planning matters and provide observations and recommendations in relation to those matters, to conduct reviews and examinations and to conduct education and training programmes and research in relation to planning matters; to provide for the organisation and staffing of that Office; to provide for a National Planning Framework; to provide for certain planning and development requirements to be taken into account by Irish Water; to make miscellaneous and consequential amendments to the Planning and Development Act 2000 and to various other Acts in so far as they relate to planning and development; to amend the Derelict Sites Act 1990; to give effect to Directive 2014/89/EU of the European Parliament and of the Council of 23 July 20141 establishing a framework for marine spatial planning; and to provide for matters connected therewith.
[19th July, 2018]
Be it enacted by the Oireachtas as follows: