Planning and Development, Maritime and Valuation (Amendment) Act 2022


Amendment of section 34 of Principal Act

12. Section 34 of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (4):

“(4A) Notwithstanding subsection (1), where a planning authority grants permission for a development on foot of an application accompanied by an opinion provided by the planning authority under section 32I(2) the permission shall include a condition in respect of any detail of the development that was not confirmed at the time of the application requiring—

(a) the actual detail of the development to fall within specified options, parameters or a combination of options and parameters, and

(b) the applicant to notify the planning authority in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.”,

(b) by the substitution of the following subsection for subsection (12):

“(12) A planning authority shall refuse to consider an application to retain unauthorised development of land where it decides that either or both of the following was required or is required in respect of the development:

(a) an environmental impact assessment;

(b) an appropriate assessment.”,


(c) in subsection (12A), by the substitution of “an application in respect of the following development shall be deemed not to have required, and not to require, a determination as to whether an environmental impact assessment is required” for “if an application for permission had been made in respect of the following development before it was commenced, the application shall be deemed not to have required a determination referred to at subsection (12)(b)”.