Planning and Development, Maritime and Valuation (Amendment) Act 2022
Number 29 of 2022
PLANNING AND DEVELOPMENT, MARITIME AND VALUATION (AMENDMENT) ACT 2022
REVISED
Updated to 16 May 2024
This Revised Act is an administrative consolidation of the Planning and Development, Maritime and Valuation (Amendment) Act 2022. 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 Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including the S.I. No. 207/2024 - Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2) Order 2024 (S.I. No. 207 of 2024), made 14 May 2024, 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 29 of 2022
PLANNING AND DEVELOPMENT, MARITIME AND VALUATION (AMENDMENT) ACT 2022
REVISED
Updated to 16 May 2024
CONTENTS
Preliminary and General
Section
1. Short title, collective citation, construction, and commencement
Amendment of Planning and Development Act 2000
3. Amendment of section 3A of Principal Act
4. Amendment of section 7 of Principal Act
5. Amendment of section 31 of Principal Act
6. Amendment of section 31AM of Principal Act
7. Amendment of section 31AN of Principal Act
8. Amendment of section 31AO of Principal Act
9. Amendment of section 31AP of Principal Act
10. Amendment of section 32B of Principal Act
11. Opinion in relation to planning application
12. Amendment of section 34 of Principal Act
13. Amendment of section 37 of Principal Act
14. Opinion in relation to application to Board
15. Amendment of section 37G of Principal Act
16. Amendment of section 37I of Principal Act
17. Amendment of section 37L of Principal Act
18. Amendment of section 37M of Principal Act
19. Amendment of section 37N of Principal Act
20. Amendment of section 37O of Principal Act
21. Amendment of section 37P of Principal Act
22. Amendment of section 50A of Principal Act
23. Amendment of section 104 of Principal Act
24. Amendment of section 144 of Principal Act
25. Amendment of section 156 of Principal Act
26. Amendment of section 177A of Principal Act
27. Amendment of section 177E of Principal Act
28. Amendment of section 177F of Principal Act
29. Amendment of section 177I of Principal Act
30. Amendment of section 177K of Principal Act
31. Amendment of section 177L of Principal Act
32. Amendment of section 177M of Principal Act
33. Amendment of section 177N of Principal Act
34. Amendment of section 177O of Principal Act
35. Amendment of section 182B of Principal Act
36. Amendment of section 182D of Principal Act
37. Opinion in relation to application to Board
38. Amendment of section 246 of Principal Act
39. Amendment of Fifth Schedule to Principal Act
Maritime Area Planning
43. Amendment of section 3 of Act of 2021
44. Amendment of section 6 of Act of 2021
45. Amendment of Part 2 of Act of 2021 - insertion of Chapter 8A
46. Amendment of section 56 of Act of 2021
47. Amendment of section 75 of Act of 2021
48. Amendment of section 81 of Act of 2021
49. Amendment of section 85 of Act of 2021
50. Substitution of section 87 of Act of 2021
51. Amendment of section 95 of Act of 2021
52. Amendment of section 96 of Act of 2021
53. Amendment of section 97 of Act of 2021
54. Amendment of section 131 of Act of 2021
55. Amendment of section 134 of Act of 2021
56. Amendment of section 135 of Act of 2021
57. Amendment of section 136 of Act of 2021
58. Amendment of Part 6 of Act of 2021 - insertion of Chapter 3A
59. Amendment of heading to Chapter 4 of Part 6 of Act of 2021
60. Insertion of new section in Act of 2021
61. Amendment of Part 6 of Act of 2021 - substitution of Chapter heading
62. Amendment of section 145 of Act of 2021
63. Amendment of Part 6 of Act of 2021 - insertion of new Chapter heading
64. Amendment of heading to Chapter 6 of Part 6 of Act of 2021
65. Amendment of section 154 of Act of 2021
66. Amendment of section 155 of Act of 2021
67. Amendment of section 156 of Act of 2021
68. Amendment of section 157 of Act of 2021
69. Amendment of Part 6 of Act of 2021 - insertion of Chapter 8
70. Amendment of section 169 of Act of 2021
71. Amendment of section 144 of Planning and Development Act 2000
72. Amendment of section 156 of Planning and Development Act 2000
73. Amendment of Part XXI of Planning and Development Act 2000
74. Amendment of Schedule 6 to Act of 2021
75. Amendment of Schedule 8 to Act of 2021
Amendment of Valuation Act 2001 and Residential Tenancies and Valuation Act 2020
76. Amendment of section 21 of Valuation Act 2001
77. Amendment of section 14 of Residential Tenancies and Valuation Act 2020
Acts Referred to
Maritime Area Planning Act 2021 (No. 50)
Planning and Development Act 2000 (No. 30)
Planning and Development Acts 2000 to 2021
Residential Tenancies and Valuation Act 2020 (No. 7)
Valuation Act 2001 (No. 13)
Number 29 of 2022
PLANNING AND DEVELOPMENT, MARITIME AND VALUATION (AMENDMENT) ACT 2022
REVISED
Updated to 16 May 2024
An Act to amend the Planning and Development Act 2000; to provide that a person shall not advertise certain property in a rent pressure zone for letting for a period not exceeding 14 days; to provide for certain matters relating to Ministerial directions regarding development plans and local area plans and the related functions of the Office of the Planning Regulator; to provide for consultation before making applications for certain permissions for, and approvals of, the development of land and the maritime area in relation to details of such development that may not be confirmed at the time such applications are made; to provide for applications to be made to An Bord Pleanála in respect of development of lands where an application for substitute consent of development of those lands has been made, or in respect of development of lands adjoining those lands; to remove the requirement to apply for leave for substitute consent under Part XA of the Planning and Development Act 2000; to provide for certain matters relating to judicial review of decisions and acts of planning authorities, local authorities and An Bord Pleanála; to provide for the appointment of a chief executive designate to the Maritime Area Regulatory Authority and to provide for other matters relating to the maritime area, including matters relating to judicial review and rehabilitation schedules and for those and other purposes to amend the Maritime Area Planning Act 2021; to enable the Commissioner of Valuation with the consent of the Minister for Housing, Local Government and Heritage to revoke a valuation order in certain circumstances and for that purpose to amend the Valuation Act 2001; to extend the period within which a valuation list in relation to a rating authority shall be published and for that purpose to amend the Residential Tenancies and Valuation Act 2020; and to provide for related matters.
[24th July, 2022]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
|
Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
|
No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... |
... |
... |