Pre-Planning Opinion

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 accompanied by the appropriate fee and include—

• the name and address of the prospective applicant,
• a site location map sufficient to identify the land on which the proposed development would be situated,
• a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,
• a draft layout plan of the proposed development,
• a description of— the details, or groups of details, of the proposed development that, owing to the circumstances set out, are unlikely to be confirmed at the time of the proposed application, and the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this provision, that indicates that it is appropriate that the proposed application be made and decided, before the prospective applicant has confirmed the details referred to, including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,
• an undertaking to provide with the proposed application either— two or more options, in respect of each detail or group of details referred to above containing information on the basis of which the proposed application may be made and decided parameters within which each detail referred to will fall and on the basis of which the proposed application may be made and decided, or a combination.
• such other information, drawings or representations as the prospective applicant may wish to provide or make available, and
• such other information as may be prescribed.

Planning Authority Response

A planning authority that receives a request may, prior to a meeting taking place, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the meeting in relation to a proposed development.

Where a planning authority consults with a person, a written record shall be taken of such consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

Where a prospective applicant submits a request, the planning authority shall convene a meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.

Meeting

The following persons shall attend a meeting convened

• the planning authority;
• the prospective applicant, one or more persons on his or her behalf, or both.

The planning authority shall ensure that planning authority officials attending the meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.

The planning authority shall keep a record in writing of any meeting convened, including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

A record kept by a planning authority shall only be made public when a planning application in respect of the proposed development is made.

The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened, including—

• matters that are required to be considered at the meeting,
• matters that may be considered at the meeting, and
• the manner in which the meeting is to be conducted.

Where, on the expiry of the period specified, the meeting has not taken place, the planning authority shall proceed to convene the meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation of why the meeting did not take place in the specified period.

Opinion as to Flexibility

The planning authority shall, within the period of 4 weeks beginning on the date on which the meeting convened takes place, consider—

• the information included in the request for the meeting, and
• any other relevant information that is made available at the meeting,

and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application.

Where the planning authority determines that it is satisfied in the manner above, it shall provide an opinion to that effect to the prospective applicant. Where the planning authority determines that it is not satisfied, it shall notify the prospective applicant to that effect.

An opinion shall specify—

• the details, or groups of details, of the proposed development as proposed by the prospective applicant that may be confirmed after the proposed application has been made and decided,
• the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to above, and
• that, in respect of each detail, or group of details, the proposed application shall, in addition to any other requirement imposed by or under this Act, be accompanied by the information referred to.

An opinion issued by a planning authority shall only be made public when a planning application in respect of the proposed development is made.

The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the planning authority providing an opinion, including the form of the opinion.

Where, on the expiry of the period specified, the planning authority has failed to provide an opinion or notification, the planning authority shall proceed to do so as soon as practicable, notwithstanding that the period has expired, and provide the prospective applicant with a written explanation why it failed to provide the opinion or notification in the specified period.

Later Permission

Where a planning authority grants permission for a development on foot of an application accompanied by an opinion provided by the planning authority under the formal procedure, 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—

• the actual detail of the development to fall within specified options, parameters or a combination of options and parameters, and
• 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.”,

Opinion regarding Application to Board

A person who proposes to apply for permission for certain specified infrastructure development (specified in the Seventh Schedule), the prospective applicant may request a meeting with the Board as part of consultations. The request shall be in writing, be accompanied by the appropriate fee and include—

• the name and address of the prospective applicant,
• a site location map sufficient to identify the land on which the proposed development would be situated,
• a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,
• a draft layout plan of the proposed development,
• such other information, drawings or representations as the prospective applicant may wish to provide or make available, and
• such other information as may be prescribed.

It shall also include a description of—

• the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and
• the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development  that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details, including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,

It shall include an undertaking to provide with the proposed application either—

• two or more options, in respect of each detail or group of details, referred to above, containing information on the basis of which the proposed application may be made and decided,
• parameters within which each detail will fall and on the basis of which the proposed application may be made and decided, or
• a combination of both

Regulations for Procedure

The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened, including—

• matters that are required to be considered at the meeting,
• matters that may be considered at the meeting, and
• the manner in which the meeting is to be conducted.

Opinion as to Flexibility

The Board shall, as soon as practicable after a meeting convened takes place, consider—

• the information included in the request for the meeting, and
• any other relevant information that is made available at the meeting,

and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application.

Where the Board serves a notice, it shall, where it determines that it is satisfied, serve an opinion to that effect with such notice. An opinion shall specify—

• the details, or groups of details, of the proposed development that may be confirmed after the proposed application has been made and decided,
• the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details and
• that, in respect of each detail, or group of details, the proposed application shall, in addition to any other requirement imposed, be accompanied by the information referred to above.

A meeting held, and any opinion issued, shall be part of the consultations held.  An opinion issued by the Board shall only be made public when a planning application in respect of the proposed development is made.

Application with Opinion

Where the Board grants permission for a development on foot of an application accompanied by an opinion issued by the Board, 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—

• the actual detail to fall within specified options, parameters or a combination of options and parameters, and
• the applicant to notify the planning authority in whose functional area or areas the development is situated 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.”.

Where a person applies for substitute consent in respect of the development of land, the person may also apply for permission for the following:

• development of the land the subject of the application for substitute consent;
• development of land adjoining the land, the subject of the application for substitute consent.

Meeting

Where a prospective applicant submits a request, the Board shall convene a meeting for the above purposes. The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened including—

• matters that are required to be considered at the meeting,
• matters that may be considered at the meeting, and
• the manner in which the meeting is to be conducted.

Opinion as to Flexibility

The Board shall, as soon as practicable after a meeting convened takes place, consider—

• the information included in the request for the meeting, and
• any other relevant information that is made available at the meeting,

and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application.

Where the Board determines that it is satisfied, it shall provide an opinion to that effect to the prospective applicant. Where the Board determines that it is not satisfied) it shall notify the prospective aplicant to that effect.

ABP Opinion

An opinion shall specify—

• the details, or groups of details, of the proposed development that may be confirmed after the proposed application has been made and decided,
• the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to, and
• that, in respect of each detail, or group of details, referred to, the proposed application shall, in addition to any other requirement imposed by or under this Act, be accompanied by the information referred to.

A meeting held, and any opinion issued, for the purposes of this section shall be part of the consultations held. An opinion issued by the Board shall only be made public when a planning application in respect of the proposed development.

ABP Permission

Where the Board grants permission for a development on foot of an application accompanied by an opinion issued by the Board 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—

• the actual detail to fall within specified options, parameters or a combination of options and parameters, and
• the applicant to notify the planning authority in whose functional area or areas the development is situated 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.”.

Miscellaneous

Neither the taking place of a meeting nor the provision of an opinion or notification shall prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.

A person shall not question the validity of any steps taken by a planning authority by reason only that the procedures set out  were not completed within the time referred to.

A member or official of a planning authority who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an opinion or notification under section 32I commits an offence.