Application for Screening Screening determination for environmental impact assessment’ means a determination made as part of a screening for environmental impact assessment; as to whether a proposed development would be likely to have significant effects on the environment, and if the development would be likely to have such effects, that an environmental impact assessment is […]
Planning Permission Planning permission is required whenever there are “works” to or a “material change of use” of property. “Works” include carrying on any building, engineering, mining or other operations in, under or over land. Generally, there must be a building activity. Building operations include demolition, rebuilding, structural alterations and additions to buildings. Works which […]
The purpose of the 2015 Act was to provide legislative underpinning to certain measures of the Government housing package entitled “Stabilising Rents, Increasing Supply” which encompasses a range of measures to improve the operation of the private rental sector, to help tackle on-going issues in relation to the increasing numbers presenting as homeless and to […]
The Planning and Development (Amendment) Act 2021 provides, in response to disruption caused by restrictions introduced in response to the Covid-19 pandemic, for an additional period for the preparation of development plans required by planning authorities, that planning authorities may extend the duration of existing development plans pending the preparation and making of new development […]
The Minister may issue guidelines to planning authorities regarding their functions under the Act. Planning authorities must have regard to those guidelines in the performance of their functions. The planning authority must consider the policies and objectives of the Minister contained in the guidelines were making the development plan stop it must append a […]
The Office of the Planning Regulator was established under the Planning and Development (Amendment) Act 2018. It is an independent office with its own corporate existence. The office is independent in the performance of its functions. The planning regulator is appointed by government for terms of five years and must not hold any other office […]
A significant reform of local government was undertaken in 2014. The most visible effect was the abolition of Urban District Councils and TownCcouncils. In accordance with the government policy of rationalising local government, the number of regional assemblies was reduced from 8 to 3 . The North and Western Regional Assembly comprises Connaught and the […]
Consistency with Strategies The 2010 Act amends the provisions regarding making of the development plan. The Minister for the Environment has an increased role. The 2010 Act requires planning authorities to have a core strategy in its development plan. This must demonstrate how the development objectives are consistent with the national spatial strategy and regional planning […]
Development plan The development plan shall include a core strategy which shows that the development objectives in the plan are consistent so far as practicable with national and regional development objectives set out in the national planning framework and the regional spatial and economic strategy and with specific planning policy requirements specified in ministerial guidelines. […]
Opinion Request A person who intends to apply for planning permission may, before making such an application, request a meeting with the planning authority or authorities in whose functional area or areas the proposed development would be situated. The legislation has not been commenced as of early 2023. A request shall be in writing, be […]
Planning permission/development supplemental An Bord Pleanala decided in a number of applications that the use on a continuous basis of a residential apartment for short term lets constituted a material change of use. The Department of Housing Planning and Local Government issued a number of Circulars emphasising that such use requires planning permission. The abandonment […]
Original 2010 Version Because of the requirements of European Union law retention permission is not permitted where development requires an environmental impact assessment. The 2010 legislation provided for a substitute consent procedure which would apply in exceptional circumstances. Leave was required from an Bord Pleanala in order to make an application for substitute consent. The […]
Large Scale Residential The 2021 Act implemented the Programme for Government commitment to not further extending the Strategic Housing Development (SHD) arrangements beyond their expiry date of 25 February 2022. The Act also gives effect to action 12.3 of Housing for All which commits to the introduction of a new planning process for Large-scale Residential […]
Architectural Conservation Areas Local authorities may designate architectural conservation areas where the structures or group of structures have a special heritage value or contribute to the appreciation of protected structures. They must compile a register of such structures. Planning authorities may (and in some cases must) designate architectural conservation areas if it is of the […]
Special Planning Status There are a number of types of enhanced Planning act protections, which a local authority may adopt in respect of particular areas. An area of special amenity designation ]is designed to secure the preservation and enhancement of the character and special features of an area. The Minister may direct the same. An […]
Overview The planning authority is obliged to include objectives for the conservation and protection of the environment including the archaeological and natural heritage and the conservation and protection of European sites and structures, which are of archaeological interest in development plans. Structures may be included in the record of protected structures by reason of their […]
There is provision for public consultation and participation in making the plan. A draft of the plan is to be laid before the Oireachtas which must approve it to give effect to it. The Minister is to have regard to any resolutions and recommendations of the Oireachtas in relation to the plan. State bodies must […]
Pollution Offences It is an offence to permit a pollutant to enter waters. There are also several offences in relation to the breach of water pollution and trade effluent licences. Breaches of licence conditions are offences. Where a company is guilty of an offence under water pollution legislation its directors, managers or secretaries may be […]
Costs Borne by Each Party in Certain Circumstances In the following proceedings, each party (including any notice party) shall bear its own costs. The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that […]
Strategic environmental assessment is required pursuant to EU directives. It is a system for the evaluation of the environmental effects of implementing plans and programs in advance of their being adopted. It is to address at a higher and more strategic leve, thel risks of policies which may lead to undesirable environmental outcomes or unsustainable […]
