An Bord Pleanala
Planning and Development Act
PART VI
An Bord Pleanála
Chapter I
Establishment and Constitution
Continuation of Bord Pleanála.
102.—(1) An Bord Pleanála shall continue in being notwithstanding the repeal of any enactment effected by this Act.
(2) The Board shall perform the functions assigned to it by this Act.
(3) The chairman, deputy chairman and any other member of the Board in office immediately prior to the coming into force of this section under an enactment repealed by this Act shall continue in office as chairperson, deputy chairperson and other member, respectively, for a term ending on the day on which his or her appointment would have expired under the repealed enactment.
Board to be body corporate, etc.
103.—(1) The Board shall be a body corporate with perpetual succession and a seal and power to sue and be used in its corporate name and to acquire, hold and dispose of land.
(2) The seal of the Board shall be authenticated by the signature of the chairperson or of some other member, or of an employee of the Board or of a person whose services are availed of by the Board by virtue of section 122, who is authorised by the Board to act in that behalf.
(3) Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with subsection (2)) of the Board shall be received in evidence and be deemed to be such an instrument without proof unless the contrary is shown.
Board to consist of chairperson and 7 other members.
104.—F538[(1) Subject to subsection (2), the Board shall consist of a chairperson and such number of ordinary members, up to a maximum of 14, as the Minister may appoint having regard to the number and nature of applications, appeals, referrals or other matters with which the Board is concerned.]
F538[(2) The Minister may by order increase the number of ordinary members above 14 where he or she is of the opinion that the number of applications, appeals, referrals or other matters with which the Board is concerned is at such a level so as to necessitate the appointment of one or more additional Board members to enable the Board fulfil its duty and objectives under section 37J, 126, 126A, 177C, 177E or 221, or section 47E of the Act of 2001.]
F539[(2A) Subject to section 108(1), and notwithstanding section 106(5), the Minister shall not fill one or more than one vacancy that arises in relation to an ordinary member, for such period as he or she considers appropriate, where he or she is of the opinion that the number of applications, appeals, referrals or other functions conferred on the Board by or under this Act is at such a level so as to necessitate that the vacancy is not filled and that the Board shall, notwithstanding the reduction in the number of Board members be able to fulfil its duty and objective under section 37J, 126, F540[126A,] 177C, 177E or 221, or section 47E of the Act of 2001 or otherwise satisfactorily perform the functions so conferred.]
(3) F541[…]
(4) F538[(a) Notwithstanding subsection (2), where the Minister is of the opinion that one, or more than one, additional ordinary member should be appointed as a matter of urgency due to the number of applications, appeals, referrals or other matters with which the Board is concerned, the Minister may, subject to paragraphs (b) and (c), appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, one, or more than one person, who is, in the opinion of the Minister, a suitably qualified person on a temporary basis,]
(b) A person shall not be appointed to be an ordinary member under this subsection for a term in excess of F542[12 months].
F539[(c) The Minister shall appoint not more than 3 persons under this subsection at any one time F541[…].]
(5) An order made under subsection (2) shall have effect for such a period not exceeding 5 years as shall be specified therein.
Annotations
Amendments:
F538
Substituted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 4(a), (b), (d)(i), S.I. No. 1 of 2023.
F539
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 39(b) and (c)(iii), S.I. No. 477 of 2010.
F540
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 9(b), S.I. No. 715 of 2021.
F541
Deleted (1.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 4(c), (d)(ii), S.I. No. 1 of 2023.
F542
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 39(c)(ii), S.I. No. 477 of 2010.
F543
Deleted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 23(a), (b), not commenced as of date of revision.
Modifications (not altering text):
C112
Prospective affecting provision: subss. (2), (2A) amended by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 23(a), (b), not commenced as of date of revision.
(2) The Minister may by order increase the number of ordinary members where he or she is of the opinion that the F542[number of applications, appeals], referrals or other matters with which the Board is concerned is at such a level so as to necessitate the appointment of one or more additional Board members to enable the Board fulfil its duty and objective F542[under section 37J, 126, F1[126A,] F543[…] 177E or 221, or section 47E of the Act of 2001].
F539[(2A) Subject to section 108(1), and notwithstanding section 106(5), the Minister shall not fill one or more than one vacancy that arises in relation to an ordinary member, for such period as he or she considers appropriate, where he or she is of the opinion that the number of applications, appeals, referrals or other functions conferred on the Board by or under this Act is at such a level so as to necessitate that the vacancy is not filled and that the Board shall, notwithstanding the reduction in the number of Board members be able to fulfil its duty and objective under section 37J, 126, F540[126A,] F543[…] 177E or 221, or section 47E of the Act of 2001 or otherwise satisfactorily perform the functions so conferred.]
C113
Section construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 16, S.I. No. 270 of 2017.
Definitions (Chapter 1)
3. In this Chapter— …
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
…
Construction of section 104 (Board to consist of chairperson and 7 other members) of Act of 2000 during specified period
16. Section 104 of the Act of 2000 has effect during the specified period as if—
(a) in subsection (2), “, or Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “of the Act of 2001”, and
(b) in subsection (2A), “, or Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “of the Act of 2001”.
Editorial Notes:
E258
Previous affecting provision: subs. (1) amended (5.11.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 14, S.I. No. 553 of 2006; subsection substituted (10.01.2023) as per F-note above.
E259
Previous affecting provision: subss. (2), (4)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 39(a), (c)(i), S.I. No. 477 of 2010; subsection substituted (10.01.2023) as per F-note above.
E260
Previous affecting provision: subs. (2) amended (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 9(a), S.I. No. 715 of 2021.; subsection substituted (10.01.2023) as per F-note above.
Appointment of chairperson.
105.—(1) The chairperson shall be appointed by the Government.
(2) There shall be a committee (“the committee”) consisting of—
(a) the President of the High Court,
(b) the Cathaoirleach of the General Council of County Councils,
(c) the Secretary-General of the Department of the Environment and Local Government,
(d) the Chairperson of the Council of An Taisce — the National Trust for Ireland,
(e) the President of the Construction Industry Federation,
(f) the President of the Executive Council of the Irish Congress of Trade Unions, and
(g) the Chairperson of the National Women’s Council of Ireland.
(3) Where—
(a) any of the persons referred to in subsection (2) signifies at any time his or her unwillingness or inability to act for any period as a member of the committee, or
(b) any of the persons referred to in subsection (2) is through ill-health or otherwise unable so to act for any period,
the Minister may, when making a request under subsection (7), appoint another person to be a member of the committee in his or her place and that person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.
(4) Where the Minister makes a request under subsection (7) and at the time of making the request any of the offices referred to in subsection (2) is vacant, the Minister may appoint a person to be a member of the committee and that person shall remain a member of the committee until such time as the selection of the committee pursuant to the request is made.
(5) Where, pursuant to subsection (3) or (4), the Minister appoints a person to be a member of the committee, he or she shall, as soon as may be, cause a notice of the appointment to be published in Iris Oifigiúil.
(6) (a) The Minister may by order amend subsection (2).
(b) The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph).
(c) Where an order under this subsection is proposed to be made, the Minister shall cause a draft thereof to be laid before both Houses of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.
(d) Where an order under this subsection is in force, subsection (2) shall be construed and have effect subject to the terms of the order.
(7) (a) The committee shall, whenever so requested by the Minister, select 3 candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the chairperson and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected and of the reasons why, in the opinion of the committee, they are or he or she is suitable for the appointment.
(b) In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications or personal qualities which the committee considers appropriate to enable a person effectively to perform the functions of the chairperson.
(8) Except in the case of F544[an appointment under section 105A or] a re-appointment under subsection (12), the Government shall not appoint a person to be the chairperson unless the person was selected by the committee under subsection (7) in relation to that appointment but—
(9) The Minister may make regulations as regards—
(a) the publication of the notice that a request has been received by the committee under subsection (7),
(b) applications for selection by the committee, and
(c) any other matter which the Minister considers expedient for the purposes of this section.
(10) A person who is, for the time being—
(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,
(b) a member of the European Parliament, or
(c) a member of a local authority,
shall be disqualified from being appointed as the chairperson.
(11) The chairperson shall be appointed in a wholetime capacity and shall not at any time during his or her term of office hold any other office or employment in respect of which emoluments are payable.
(12) Subject to the other provisions of this section, the chairperson F544[(other than a chairperson appointed on an interim basis under section 105A)] shall hold office for a term of 7 years and may be re-appointed by the Government for a second or subsequent term of office, provided that a person shall not be re-appointed under this subsection unless, at the time of his or her re-appointment, he or she is or was the outgoing chairperson.
(13) (a) The chairperson may resign his or her office as chairperson by letter addressed to the Minister and the resignation shall take effect on and from the date of the receipt of the letter by the Minister.
F545[(b) The chairperson shall vacate the office of chairperson on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]
(c) A person shall cease to be the chairperson if he or she—
(i) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas or to the European Parliament,
(ii) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to that Parliament to fill a vacancy, or
(iii) becomes a member of a local authority.
(d) A person shall cease to be the chairperson if he or she—
(i) is adjudicated bankrupt,
(ii) makes a composition or arrangement with creditors,
(iii) is convicted of any indictable offence in relation to a company,
(iv) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,
(v) is sentenced by a court of competent jurisdiction to a term of imprisonment,
(vi) is the subject of an order under section 160 of the Companies Act, 1990, or
(vii) ceases to be resident in the State.
F546[(14) Subject to the provisions of this section, the chairperson shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.]
(15) The chairperson may be removed from office by the Government if he or she has become incapable through ill-health of effectively performing his or her functions, or if he or she has committed stated misbehaviour, or if his or her removal appears to the Government to be necessary for the effective performance by the Board of its functions, and in case the chairperson is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.
Annotations
Amendments:
F544
Inserted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 5(a), (b), S.I. No. 1 of 2023.
F545
Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.
F546
Substituted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 14, S.I. No. 683 of 2011.
Editorial Notes:
E261
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E262
Previous affecting provision: subs. (13)(b) amended (25.03.2004) by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3 and sch. 2 part 2, commenced on enactment; substituted as per F-note above.
E263
Previous affecting provision: power pursuant to section exercised (20.07.2001) by Planning and Development (Appointment of Chairperson and Ordinary Members of an Board Pleanála) Regulations 2001 (S.I. No. 336 of 2000); revoked (21.02.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
E264
Previous affecting provision: subs. (13)(b) substituted (28.07.2012) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 58(a), commenced on enactment; substituted as per F-note above.
F547[
Appointment of chairperson on interim basis
105A. (1) Where no chairperson stands appointed under section 105 the Government may, subject to subsections (2) and (3), appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, a person who is, in the opinion of the Government, a suitably qualified person, to be the chairperson for a period of not more than 12 months.
(2) Notwithstanding subsections (1) and (3), a person appointed to be the chairperson under this section shall cease to hold office on the appointment of a chairperson by the Government under section 105.
(3) Subsections (11), (13), (14) and (15) of section 105 shall apply to a chairperson appointed under subsection (1).
(4) A person appointed to be the chairperson under this section who ceases to hold office in accordance with subsection (1) or (2) may be re-appointed by the Government for a second term under subsection (1) or appointed by the Government in accordance with section 105.]
Annotations:
Amendments:
F547
Inserted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 6, S.I. No. 1 of 2023.
Editorial Notes:
E265
The section heading is taken from the amending section in the absence of one included in the amendment.
Appointment of ordinary members.
106.—F548[(1) The Minister shall ensure, in so far as is practicable, that—
(a) the ordinary members of the Board are persons who, in the opinion of the Minister, have satisfactory experience of, or a satisfactory mix of experience and knowledge of, infrastructure delivery, housing, physical planning, sustainable development, architecture, heritage, community affairs, social affairs, planning, the environment, the marine, climate change, law and corporate governance, and
(b) there is an equitable balance among the ordinary members between men and women.]
F548[(2) The Minister shall establish a suitable, independent, objective, and transparent procedure (which may include the establishment of a committee), in accordance with which recommendations may be made to the Minister in relation to the appointment of ordinary members of the Board.]
F548[(3) The Minister may make regulations providing for such matters as the Minister considers necessary for the purpose of establishing the procedure referred to in subsection (2) including, where a committee is established under that section, regulations pertaining to the membership of the committee.]
F548[(4) The procedure provided for under subsection (2) shall require that—
(a) applications be invited from suitably qualified persons for appointment as an ordinary member of the Board,
(b) a panel of candidates suitable for appointment as an ordinary member be prepared having regard to the knowledge, experience, qualifications and personal qualities appropriate to enable a person to perform the functions of an ordinary member effectively,
(c) the Minister be informed of the names of the candidates on the panel and the reasons why such candidates are suitable for the appointment, and
(d) a recommendation be made to the Minister regarding which candidate on the panel the Minister should appoint as an ordinary member.]
F548[(5) Except in the case of a re-appointment under subsection (12) and subject to section 104(4) and section 108(4), the Minister shall not appoint a person to be an ordinary member other than a person recommended in accordance with the procedure established under subsection (2).]
(6) F549[…]
(7) F549[…]
(8) F549[…]
F548[(9) The Minister may make regulations as regards any matter which the Minister considers expedient for the purposes of this section.]
(10) A person who is for the time being—
(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,
(b) a member of the European Parliament, or
(c) a member of a local authority,
shall be disqualified from being appointed as an ordinary member.
(11) Each of the ordinary members shall be appointed in a whole-time capacity and shall not at any time during his or her term of office hold any other office or employment in respect of which emoluments are payable.
(12) Subject to section 108(4)(b), an ordinary member shall hold office for such term (not exceeding 5 years) as shall be specified by the Minister when appointing him or her to office and may be re-appointed by the Minister for a second or subsequent term of office provided that a person shall not be re-appointed under this subsection unless, at the time of his or her re-appointment, he or she is or was an outgoing member of the Board.
(13) (a) An ordinary member may resign his or her membership by letter addressed to the Minister and the resignation shall take effect on and from the date of the receipt of the letter by the Minister.
F550[(b) A person shall vacate the office of ordinary member on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]
(c) A person shall cease to be an ordinary member if he or she—
(i) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas or to the European Parliament,
(ii) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to that Parliament to fill a vacancy, or
(iii) becomes a member of a local authority.
(d) A person shall cease to be an ordinary member of the Board if he or she—
(i) is adjudicated bankrupt,
(ii) makes a composition or arrangement with creditors,
(iii) is convicted of any indictable offence in relation to a company,
(iv) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,
(v) is sentenced by a court of competent jurisdiction to a term of imprisonment,
(vi) is the subject of an order under section 160 of the Companies Act, 1990, or
(vii) ceases to be resident in the State.
(14) (a) There shall be paid by the Board to each ordinary member such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.
(b) Subject to the other provisions of this section, an ordinary member shall hold office on such terms and conditions as the Minister, with the consent of the Minister for Finance, determines.
(15) An ordinary member may be removed from office by the Minister if he or she has become incapable through ill-health of effectively performing his or her functions, or if he or she has committed stated misbehaviour, or if his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions, and in case an ordinary member is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.
Annotations
Amendments:
F548
Substituted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 7(a)-(e), (g), S.I. No. 1 of 2023, subject to transitional provision in s. 8.
F549
Deleted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 7(f), S.I. No. 1 of 2023.
F550
Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3A and sch. 2 part 3 as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), ss. 3, 7 and sch., commenced on enactment.
Editorial Notes:
E266
Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E267
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E268
Previous affecting provision: subs. (13)(b) substituted (28.07.2012) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 58(b), commenced on enactment; substituted as per F-note above.
E269
Previous affecting provision: subs. (1)(e) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 40, S.I. No. 477 of 2010; subsection substituted (10.01.2023) as per F-note above.
E270
Previous affecting provision: subss. (1), (2) substituted and subss. (4), (5) amended (5.11.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 15(a), (b), (c), S.I. No. 553 of 2006; subsections substituted (10.01.2023) as per F-note above.
E271
Previous affecting provision: subs. (13)(b) amended (25.03.2004) by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3 and sch. 2 part 2, commenced on enactment; substituted as per F-note above.
E272
Previous affecting provision: subs. (3)(a), (b) amended (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(b)(i), (ii), S.I. No. 458 of 2001; subsection substituted (10.01.2023) as per F-note above.
E273
Previous affecting provision: power pursuant to section exercised (20.07.2001) by Planning and Development (Appointment of Chairperson and Ordinary Members of an Board Pleanála) Regulations 2001 (S.I. No. 336 of 2000); revoked (21.02.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
Appointment of deputy chairperson.
107.—(1) The Minister shall appoint from among the ordinary members a person to be the deputy chairperson and the appointment shall be for such period as shall be specified in the appointment.
(2) If at any time the deputy chairperson ceases to be an ordinary member of the Board, he or she shall thereupon cease to be the deputy chairperson.
(3) The deputy chairperson shall, in addition to his or her remuneration as an ordinary member, be paid by the Board such additional remuneration (if any) as the Minister, with the consent of the Minister for Finance, determines.
(4) The deputy chairperson may resign his or her office as deputy chairperson by letter addressed to the Minister and the resignation shall take effect on and from the date of the receipt of the letter by the Minister.
F551[General power of deputy chairperson to perform functions of chairperson where office is vacant
107A. Where the office of chairperson is vacant the deputy chairperson may perform any function of the chairperson.]
Annotations:
Amendments:
F551
Inserted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 9, S.I. No. 1 of 2023.
Editorial Notes:
E274
The section heading is taken from the amending section in the absence of one included in the amendment.
Board’s quorum, vacancies, etc.
108.—F552[(1) F553[A quorum] for a meeting of the Board shall be 3.]
F554[(1A) F555[…]
(1B) F555[…]
(1C) F555[…]
(1D) F555[…]]
(2) Subject to subsection (1), the Board may act notwithstanding a vacancy in the office of chairperson or deputy chairperson or among the ordinary members.
(3) Where a vacancy occurs or is due to occur in the office of chairperson or deputy chairperson or among the ordinary members, the Minister shall, as soon as may be, take steps to fill the vacancy.
(4) F553[(a) Where, owing to the illness of the chairperson or of an ordinary member, or for any other reason, a sufficient number of members of the Board is not available to enable the Board effectively to perform its functions, the Minister may, as an interim measure, appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, one or more than one person who is, in the opinion of the Minister, a suitably qualified person, to be an ordinary member.]
(b) A person shall not be appointed to be an ordinary member under this subsection for a term in excess of one year.
Annotations
Amendments:
F552
Substituted (23.03.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 41(a), S.I. No. 132 of 2011.
F553
Substituted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 10(a), (c), S.I. No. 1 of 2023.
F554
Inserted (23.03.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 41(b), S.I. No. 132 of 2011.
F555
Deleted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 10(b), S.I. No. 1 of 2023.
Editorial Notes:
E275
Previous affecting provision: subs. (4)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 41(c), S.I. No. 477 of 2010; para. (a) substituted (10.01.2023) as per F-note above.
E276
Previous affecting provision: subs. (4)(a) amended (5.11.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 16, S.I. No. 553 of 2006; substituted as per F-note above.
Chapter II
Organisation, Staffing, etc.
Performance of Board.
109.—(1) The Board shall supply the Minister with such information relating to the performance of its functions as he or she may from time to time request.
(2) (a) The Board shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and of the systems and procedures used by it in relation to appeals and referrals.
(b) Where the Minister gives a direction under this section, the Board shall report to the Minister the results of the review conducted pursuant to the direction and shall comply with any directive which the Minister may, after consultation with the Board as regards those results, give in relation to all or any of the matters which were the subject of the review.
(3) The Board may make submissions to the Minister as regards any matter pertaining to its functions.
(4) The Minister may consult with the Board as regards any matter pertaining to the performance of—
(a) the functions of the Board, or
(b) the functions assigned to the Minister by or under this Act or by any other enactment or by any order, regulation or other instrument thereunder.
Chairperson to ensure efficient discharge of business of Board, etc.
110.—F556[(1) The chairperson and, subject to the overall direction of the chairperson or where subsection (1A) applies, the deputy chairperson shall each have the function of—
(a) ensuring the efficient discharge of the business of the Board, and
(b) arranging the distribution of the business of the Board among its members.
(1A) The functions referred to in subsection (1) shall also fall to be performed by the deputy chairperson where the chairperson is not available or where the office of chairperson is vacant.
(1B) The chairperson may assign to any ordinary member any function necessary to ensure the best or most efficient discharge of the business of the Board.
(1C) The chairperson, or the deputy chairperson where the chairperson is not available or where the office of chairperson is vacant, shall take all practical steps to ensure that the organisation and disposition of the staff and resources of the Board are such as to enable the Strategic Infrastructure Division to discharge its business expeditiously.]
F557[(2) Where the chairperson considers, on foot of a complaint or otherwise, that an ordinary member may have failed to comply with a code of conduct adopted by the Board under section 150 or that the conduct of an ordinary member may have been such as to bring the Board into disrepute or may have been prejudicial to the effective performance by the Board of all or any one or more of its functions, he or she may in his or her absolute discretion—
(a) require the member of the Board to attend for interview and there interview the member privately, or
(b) where he or she considers it appropriate to do so, otherwise investigate the matter,
and, if he or she considers it appropriate to do so, report to the Minister the result of the interview or investigation.]
F558[(3) Where the Minister considers that the conduct of an ordinary member may have been such as to bring the Board into disrepute or may have been prejudicial to the effective performance by the Board of all or any one or more of its functions, he or she may request the chairperson to—
(a) conduct an interview with the board member privately, or
(b) otherwise investigate the matter,
and report to the Minister the result of the interview or investigation.]
Annotations
Amendments:
F556
Substituted and inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 17, S.I. No. 684 of 2006.
F557
Substituted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 11(a), S.I. No. 1 of 2023.
F558
Inserted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 11(b), S.I. No. 1 of 2023.
Meetings and procedure of Board.
111.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.
(2) The chairperson and each ordinary member at a meeting of the Board shall have a vote.
(3) At a meeting of the Board—
(a) the chairperson shall, if present, be chairperson of the meeting,
(b) if the chairperson is not present the deputy chairperson shall, if present, be chairperson of the meeting, and
(c) if neither the chairperson nor the deputy chairperson is present, the ordinary members who are present shall choose one of their number to be chairperson of the meeting.
(4) Every question at a meeting of the Board relating to the performance of its functions shall be determined by a majority of votes of the members present and, in the event that voting is equally divided, the person who is chairperson of the meeting shall have a casting vote.
(5) (a) Subject to this Act, and to any regulations made thereunder, and subject also to any other enactment or order, regulation or other instrument thereunder, which regulates or otherwise affects the procedure of the Board, the Board shall regulate its own procedure and business.
(b) The Minister may require the Board to keep him or her informed of the arrangements made under this subsection for the regulation of its procedure and business.
(6) (a) Subject to paragraph (b) and (c), the Board may perform any of its functions through or by any member of the Board or other person who has been duly authorised by the Board in that behalf.
(b) Paragraph (a) shall be construed as enabling a member of the Board finally to determine points of detail relating to a decision on a particular case if the case to which an authorisation under that paragraph relates has been considered at a meeting of the Board prior to the giving of the authorisation and that determination shall conform to the terms of that authorisation.
(c) Paragraph (a) shall not be construed as enabling the Board to authorise a person who is not a member of the Board finally to determine any particular case with which the Board is concerned.
(7) The Board shall arrange to keep a written record of all its decisions including the names of those present at a meeting of the Board and the number of those persons who vote for or against those decisions.
F559[(8) Notwithstanding any provision of this Act, a meeting of An Bord Pleanála, including a division of the board, may take place using remote video or telephone conferencing facilities or by any means of communication by which all of the board members and other persons participating in different locations can hear and be heard at the same time.
(9) In subsection (8), “meeting” includes any meeting for the purpose of making any decision in relation to any appeal, referral or application.]
Annotations:
Amendments:
F559
Inserted (10.01.2023) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 12, S.I. No. 1 of 2023.
Divisions of Board.
112.—(1) Whenever the Minister or the chairperson considers that, for the speedy dispatch of the business of the Board, it is expedient that the Board should act by divisions, he or she may direct accordingly, and until that direction is revoked—
(a) the chairperson shall assign to each division the business to be transacted by it, and
(b) for the purpose of the business so assigned to it, each division shall have all the function of the Board.
(2) A division of the Board shall consist of not less than 3 members of the Board.
(3) The chairperson, or in his or her absence, a person acting as chairperson of a meeting of a division of the Board, may at any stage before a decision is made, transfer the consideration of any appeal or referral from the division to a meeting of all available members of the Board, where the chairperson considers the appeal or referral to be of particular complexity or significance.
F560[(4) This section is without prejudice to section 112A.]
Annotations
Amendments:
F560
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 18, S.I. No. 684 of 2006.
F561[
Strategic Infrastructure Division.
112A.— (1) A division of the Board which shall be known as the Strategic Infrastructure Division is established on the commencement of section 19 of the Planning and Development (Strategic Infrastructure) Act 2006.
(2) That division is in addition to any division for the time being constituted under section 112.
(3) The Strategic Infrastructure Division—
(a) shall, subject to subsections (8) and (9), determine any matter falling to be determined by the Board under this Act in relation to strategic infrastructure development, and
(b) shall determine any other matter falling to be determined by the Board under this or any other enactment, including any class of appeals or referrals, that the chairperson or the deputy chairperson may from time to time assign to it.
(4) For the purpose of business of either of the foregoing kinds, the Strategic Infrastructure Division shall have all the functions of the Board.
(5) The Strategic Infrastructure Division shall consist of the chairperson and the deputy chairperson and 3 other ordinary members nominated by the chairperson to be, for the time being, members of the Division.
(6) The chairperson may authorise any other ordinary member to act in place of any member of the Strategic Infrastructure Division referred to in subsection (5) where the latter member is absent.
(7) The quorum for a meeting of the Strategic Infrastructure Division shall be 3.
(8) Either—
(a) the chairperson or, in his or her absence, the deputy chairperson, or
(b) a person acting as chairperson of a meeting of the Division,
may, at any stage before a decision is made by the Division, transfer the consideration of any matter from the Strategic Infrastructure Division to a meeting of all available members of the Board where he or she considers the matter to be of particular complexity or significance.
(9) The chairperson may, if he or she considers that the issues arising in respect of any particular case of strategic infrastructure development, or any particular class or classes of such case, are not of sufficient complexity or significance as to warrant that case, or that class or those classes of case, being dealt with by the Strategic Infrastructure Division, transfer the consideration of that case, or that class or those classes of case, to another division or part of the Board.]
Annotations
Amendments:
F561
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 19, S.I. No. 684 of 2006.
Prohibition on disclosure of information relating to functions of Board.
113.—(1) No person shall, without the consent of the Board (which may be given to the person, subject to or without conditions, as regards any information, as regards particular information or as regards information of a particular class or description), disclose—
(a) any information obtained by him or her while serving as a member or employee of, or consultant or adviser to, the Board or as a person whose services are availed of by the Board by virtue of section 120(2) or 122, or
(b) any information so obtained relative to the business of the Board or to the performance of its functions.
(2) A person who contravenes subsection (1) shall be guilty of an offence.
(3) Nothing in subsection (1) shall prevent—
(a) disclosure of information in a report made to the Board or in a report made by or on behalf of the Board to the Minister,
(b) disclosure of information by any person in the course of and in accordance with the functions of his or her office,
(c) disclosure of information in accordance with the Freedom of Information Act, 1997, or
(d) disclosure of information in accordance with the European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998, and any regulations amending or replacing those regulations.
Prohibition of certain communications in relation to appeals, etc.
114.—(1) Any person who communicates with the chairperson, an ordinary member, an employee of, or consultant or adviser to, the Board or a person whose services are availed of by the Board by virtue of section 120(2) or 122 for the purpose of influencing improperly the consideration of an appeal or referral or a decision of the Board as regards any matter shall be guilty of an offence.
(2) If the chairperson or an ordinary member or an employee of, or consultant or adviser to, the Board or a person whose services are availed of by the Board by virtue of section 120(2) or 122, becomes of the opinion that a communication is in contravention of subsection (1), it shall be his or her duty not to entertain the communication further and shall disclose the communication to the Board.
Indemnification of members and employees of Board and other persons.
115.—Where the Board is satisfied that a member of the Board, an employee of the Board or a person whose services are provided to the Board under section 120(2), 122 or 124(1) has discharged his or her duties in relation to the functions of the Board in a bona fide manner, it shall indemnify the member, employee or person against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.
Grants to Board.
116.—There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Board in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance and after consultation with the Board in relation to its programme of expenditure for that year, may fix.
Annotations
Modifications (not altering text):
C114
Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
Schedule 1 Enactments
…
No. 30 of 2000
Planning and Development Act 2000
Sections 80, 116, 117, 120(2) and 181
…
Accounts and audits of Board.
117.—(1) The Board shall keep in such form as may be approved by the Minister, after consultation with the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.
(2) Accounts kept under this section shall be submitted by the Board to the Comptroller and Auditor General for audit at such times as the Minister shall direct and, when audited shall, together with the report of the Comptroller and Auditor General, be presented to the Minister who shall cause copies to be laid before each House of the Oireachtas.
Annotations
Modifications (not altering text):
C115
Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
Schedule 1 Enactments
…
No. 30 of 2000
Planning and Development Act 2000
Sections 80, 116, 117, 120(2) and 181
…
Annual report and information to Minister.
118.—The Board shall, not later than the 30th day of June in each year, make a report to the Minister of its proceedings during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.
Annotations
Modifications (not altering text):
C116
Additional information for purposes of reports under section prescribed (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 9(12), S.I. No. 270 of 2017.
Decisions by Board on applications under section 4
9. …
(12) The Board shall include in each report made under section 118 of the Act of 2000 a statement of—
(a) the number of matters which the Board has determined within each of the periods referred to in paragraphs (a) and (b) of subsection (9), and
(b) the number and the aggregate amount of all sums paid (if any) by the Board under subsection (13) ,
together with such other information as to the time taken to determine such matters as the Minister may direct.
…
Superannuation of members of Board.
119.—(1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of pensions, gratuities or other allowances to or in respect of the chairperson and ordinary members ceasing to hold office.
(2) A scheme under this section may provide that the termination of the appointment of the chairperson or of an ordinary member during that person’s term of office shall not preclude the award to him or her under the scheme of a pension, gratuity or other allowance.
(3) The Minister may, with the consent of the Minister for Finance, amend a scheme made by him or her under this section.
(4) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity, or allowance payable in pursuance of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.
(5) A scheme under this section shall be carried out by the Board in accordance with its terms.
(6) No pension, gratuity or other allowance shall be granted by the Board to or in respect of any person referred to in subsection (1) ceasing to hold office otherwise than in accordance with a scheme under this section.
(7) Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House, within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Editorial Notes:
E277
Schemes established under section excluded from application of Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993), art. 6 and sch. C, as substituted (12.02.2019) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2019 (S.I. No. 39 of 2019), reg. 2.
Employees of Board.
120.—(1) The Board shall appoint such and so many persons to be employees of the Board as the Board, subject to the approval of the Minister, given with the consent of the Minister for Finance, as to the number and kind of those employees, from time to time considers appropriate, having regard to the need to ensure that an adequate number of staff are competent in the Irish language so as to be able to provide service through Irish as well as English.
(2) The Board may employ a person in a part-time capacity to be remunerated by the payment of fees in such amounts as the Board may, with the approval of the Minister, given with the consent of the Minister for Finance, from time to time determine.
(3) An employee of the Board shall hold his or her employment on such terms and conditions as the Board, subject to the approval of the Minister, from time to time determines.
(4) There shall be paid by the Board to its employees out of moneys at its disposal such remuneration and allowances as the Board, subject to the approval of the Minister, with the consent of the Minister for Finance, from time to time determines.
Annotations
Modifications (not altering text):
C117
Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
Schedule 1 Enactments
…
No. 30 of 2000
Planning and Development Act 2000
Sections 80, 116, 117, 120(2) and 181
…
Superannuation of employees of Board.
121.—(1) The Board shall prepare and submit to the Minister for his or her approval, a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such whole-time employees of the Board as it considers appropriate.
(2) The Board may, at any time, prepare and submit to the Minister a scheme amending a scheme under this section.
(3) Where a scheme is submitted to the Minister pursuant to this section, the Minister may, with the consent of the Minister for Finance, approve the scheme without modification or with such modification (whether by way of addition, omission or variation) as the Minister shall, with such consent, think proper.
(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister, with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms.
(5) A scheme approved of under this section shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or other allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
(6) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or other allowance payable in pursuance of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.
(7) Every scheme approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Editorial Notes:
E278
Schemes established under section excluded from application of Pensions Act 1990 (25/1990), Part IV by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993), art. 6 and sch. C, as substituted (12.02.2019) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2019 (S.I. No. 39 of 2019), reg. 2.
Provision of services by Minister to Board.
122.—(1) For the purposes of enabling the Board to perform its functions, the Minister may provide services (including services of staff) to the Board on such terms and conditions (including payment for such services) as may be agreed and the Board may avail of such services.
(2) The Board may provide services (including services of staff) to the Minister on such terms and conditions (including payment for such services) as may be agreed and the Minister may avail of such services.
Membership of either House of the Oireachtas, etc.
123.—(1) Where a person who is an employee of the Board is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas or the European Parliament, or is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to that Parliament to fill a vacancy, or becomes a member of a local authority, he or she shall stand seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board any remuneration or allowances—
(a) in case he or she is nominated as a member of Seanad Éireann in respect of the period commencing on his or her acceptance of the nomination and ending when he or she ceases to be a member of that House,
(b) in case he or she is nominated for election to either such House or to the European Parliament, or is regarded as having been elected to the European Parliament, in respect of the period commencing on his or her nomination or appointment and ending when he or she ceases to be a member of that House or Parliament or fails to be elected or withdraws his or her candidature, as may be appropriate, or
(c) in case he or she becomes a member of a local authority, in respect of the period commencing on his or her becoming a member of the local authority and ending when he or she ceases to be a member of that authority.
(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming an employee of the Board.
(3) A person who is for the time being a member of a local authority shall, while holding office as such member, be disqualified from becoming an employee of the Board.
Consultants and advisers to Board.
124.—(1) The Board may from time to time engage such consultants or advisers as it considers necessary for the performance of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Board out of moneys at its disposal.
(2) The Board shall include in each report made under section 118 a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.