Planning and Development (Amendment) Act 2018

37

Amendment of section 180 of Principal Act

37. Section 180 of the Principal Act is amended—

(a) in subsection (1)—

(i) by substituting “Subject to subsection (7), where a development” for “Where a development”, and

(ii) by substituting “not later than 6 months after being so requested” for “as soon as may be”,

(b) in subsection (2)(a) by substituting “4 years” for “seven years”,

(c) in subsection (2)(b) to insert “, or a condition attached to a permission under section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016” after “section 34(4)(g)”,

(d) in subsection (2A)(a)(i) by substituting “4 years” for “seven years”,

(e) in subsection (2A)(b) to insert “, or a condition attached to a permission under section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016” after “section 34(4)(g)”,

(f) in subsection (2A) by inserting the following after paragraph (b):

“(c) The initiation of procedures under section 11 of the Roads Act 1993 shall not preclude the planning authority concerned from pursuing, under the Planning and Development Acts 2000 to 2018 or otherwise, a developer for the costs incurred by that authority in respect of works undertaken on a development to enable it to be taken in charge by that authority.”,

(g) by inserting the following after subsection (6):

“(7) This section applies to that part of a development for which permission is granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 that relates to the construction of houses and the provision of—

(a) new roads, open spaces or car parks, or

(b) sewers, water mains or service connections, within the meaning of the Water Services Act 2007,

relating to such houses and references to ‘development’ in other provisions of this section shall be read accordingly.”.