Special Amenity Area 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 planning authority may designate an area to be an area of […]
Non-Appeal Functions The Board has a role in relation to certain matters, other than appeals, under planning legislation. These functions differ from a planning appeal. Since 2001, the Board has had a significant new role in relation to compulsory acquisition matters. In particular, it confirms the making of a compulsory acquisition order in most cases. The Board hears certain applications […]
State Sector Development There is a range of public authorities, ranging from ministers/departments of the Government to state authorities, which are in the broad public sector, to greater or lesser extents. Formerly, the State itself was assumed to be exempt from the Planning Acts under the general State privilege. The courts held in the 1990s that state authorities are presumptively […]
Heritage Council The main function of the Heritage Council is to propose policies and priorities for the identification, protection, preservation and enhancement of the National Heritage. This includes monuments, archaeological objects, heritage objects, architectural heritage, flora, fauna, wildlife habitats, landscapes, wrecks, seascapes, heritage gardens, parks, and waterways. The Heritage Council has the power to consult with or advise a public […]
Overview There are special provisions applicable to quarries under planning law. Quarries can have severe effects by way of noise and traffic on surrounding properties. They also have a very direct impact on the environment. A quarry is an excavation or a system of excavations for the purpose of or in connection with obtaining minerals products or minerals not being […]
EIA Requirements This section deals with the implementation of the EU Environmental Impact Assessment (EIA) requirements in Irish planning law. EIAs are also required in relation to a wide range of other statutory consent applications. The Planning and Development legislation and regulations prescribe the classes of activities and thresholds for which EIA is required or may be required. The legislation […]
Regulation of Outdoor Events The use of venues for large events on an occasional basis had been though, possibly to require planning permission, Ultimately the Supreme Court held that fleeting changes of use such as one or two day concerts on an occasional basis, would not necessarily represent a material change of use, so as to require planning permission. The […]
Licensing of Events. Prior to the Planning and Development Act, 2000, the question of whether an indoor or outdoor location could be used to hold an event turned on general principles of planning law. Planning permission might be granted for the use of a venue as such. Alternatively, there might be an established use for the holding of the event […]
General Development by local authorities in their own functional area is exempt. It does not require planning permission. However, most local authority development must go through a form of public consultation procedure, in which third parties’ views and input must be sought. It is not equivalent to the planning permission process. Local authority development is subject to a certain amount […]
Designation Planning authorities must include a record of Protected Structures in their Development Plan. Specified features of the structures may be recorded and protected. Where a structure is designated as protected, the generally applicable exempt development regulations are severely limited or totally dis-applied. There is no compensation for the refusal of planning permission nor for the imposition of conditions in […]
Strategic Development Zone The Department of the Environment and Local Government may propose the designation of a strategic development zone. The Department consults with the relevant development agencies, including IDA, Enterprise Ireland, Údarás na Gaeltachta, the relevant local authority and other prescribed bodies. The order is ultimately made and revoked by the Government. Where in the opinion of the Government, […]
Strategic Development Strategic planning applications, including those in relation to infrastructure or housing, may be the subject of a single-stage application to an Bord Pleanala. Other types of development, in particular by public bodies, are subject to specific statutory schemes. For example, there is special legislation in relation to light railways, roads, et cetera. Strategic Development Zones Strategic development zones […]