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 1 December 2022
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 Credit Guarantee (Amendment) Act 2022 (38/2022), enacted 2 December 2022, and all statutory instruments up to and including the Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 5) Order 2022 (S.I. No. 600 of 2022), made 23 November 2022, 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 1 December 2022
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 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 1(2)). The Acts in this group are:
• Planning and Development Act 2000 (30/2000)
• Local Government Act 2001 (37/2001), ss. 2, 5(3) and Schedule 4 insofar 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), s. 1(6) and 114
• Harbours (Amendment) Act 2009(26/2009), s. 7(1) and (2), s. 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 Schedule 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), ss. 1(1), (2)(a), (3), 2‐29
• Planning and Development (Amendment) Act 2017 (20/2017)
• Planning and Development (Amendment) Act 2018 (16/2018), other than Part 4 and sch. 3, references 12 to 18
• European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. 296 of 2018), Parts 2, 3, 4 and Schedules 1, 2
• Aircraft Noise (Dublin Airport) Regulation Act 2019 (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
• European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), Part II (reg. 5)
• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), Part 2, Chapters 2, 5 (ss. 4-11, 15)
• Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021)
• Maritime Area Planning Act 2021 (50/2021), Part 8 (ss. 171-174) and Schedules 10-12
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), Part 2 (ss. 2-41)
• Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), Part 2 (ss. 2-14)
Maritime Area Planning Acts 2021 and 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022) s. 1(3)). The Acts in this group are:
• Maritime Area Planning Act 2021 (50/2021)
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), Part 3 (ss. 42-71)
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
None
All Acts up to and including Credit Guarantee (Amendment) Act 2022 (38/2022), enacted 2 December 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 5) Order 2022 (S.I. No. 600 of 2022)
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 4) Order 2022 (S.I. No. 550 of 2022)
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 3) Order 2022 (S.I. No. 523 of 2022)
• European Union (Planning and Development, Maritime and Valuation (Amendment) Act 2022) (Amendment) Regulations 2022 (S.I. No. 513 of 2022)
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 2) Order 2022 (S.I. No. 487 of 2022)
• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) Order 2022 (S.I. No. 447 of 2022)
All statutory instruments up to and including Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 5) Order 2022 (S.I. No. 600 of 2022), made 23 November 2022, were considered in the preparation of this revision.
Number 29 of 2022
PLANNING AND DEVELOPMENT, MARITIME AND VALUATION (AMENDMENT) ACT 2022
REVISED
Updated to 1 December 2022
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 1 December 2022
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: