Planning and Development Act 2000

F1208[Obligation to obtain permission to carry out development

286

286. (1) Subject to this Act, permission shall be required for development (other than exempted development) to which this Chapter applies, and accordingly a person shall not carry out any such development except under and in accordance with a permission granted under section 293.

(2) An application for permission to carry out development to which this Chapter applies shall be made to the Board under section 291.

(3) Subject to F1209[sections 287(4) and 304], a person shall not be eligible to apply for permission to carry out development to which this Chapter applies unless that person

(a) is the holder of

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

(b) is the owner of land F1210[in the maritime area] on which it is proposed to carry out the development concerned,

(c) is the lessee under a lease

(i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and

(ii) that contains a covenant, condition or agreement, to which subsection (4) of the said section 2 applies, requiring the lessee to carry out, on that maritime site, the proposed development concerned, or

(d) makes the application with the consent, or on behalf, of the owner of land F1210[in the maritime area] on which it is proposed to carry out the development concerned.

(4) Subject to section 304, the Board shall neither consider an application under section 291 for permission for development to which this Chapter applies nor grant such permission, unless the applicant for such permission

(a) is the holder of

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

(b) is the owner of land F1210[in the maritime area] on which it is proposed to carry out the development concerned,

(c) is the lessee, under a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, or

(d) makes the application with the consent, or on behalf, of the owner of land F1210[in the maritime area] on which it is proposed to carry out the development concerned.]

Annotations:

Amendments:

F1208

Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 171, S.I. No. 488 of 2022.

F1209

Substituted (31.12.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023, s. 252(a)(i), S.I. No. 653 of 2023.

F1210

Inserted (31.12.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023, s. 252(a)(ii), (b), S.I. No. 653 of 2023.