Pre-Planning Opinion
Planning and Development Act
Interpretation.
2.— (1) In this Act, except where the context otherwise requires—
“acquisition of land” shall be construed in accordance with section 213(2), and cognate words shall be construed accordingly;
“the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919;
F2[“Act of 1933” means the Foreshore Act 1933;]
“the Act of 1934” means the Town and Regional Planning Act, 1934;
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963;
“the Act of 1976” means the Local Government (Planning and Development) Act, 1976;
“the Act of 1982” means the Local Government (Planning and Development) Act, 1982;
“the Act of 1983” means the Local Government (Planning and Development) Act, 1983;
“the Act of 1990” means the Local Government (Planning and Development) Act, 1990;
“the Act of 1992” means the Local Government (Planning and Development) Act, 1992;
“the Act of 1993” means the Local Government (Planning and Development) Act, 1993;
“the Act of 1998” means the Local Government (Planning and Development) Act, 1998;
“the Act of 1999” means the Local Government (Planning and Development) Act, 1999;
F3[“Act of 2001” means the Transport (Railway Infrastructure) Act 2001;
“Act of 2006” means the Planning and Development (Strategic Infrastructure) Act 2006;
“Act of 2007” means the Water Services Act 2007;
“Act of 2008” means the Dublin Transport Authority Act 2008;
“Act of 2010” means the Planning and Development (Amendment) Act 2010;]
F3[“adaptation to climate change” means the taking of measures to manage the impacts of climate change;]
“advertisement” means any word, letter, model, balloon, inflatable structure, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction;
“advertisement structure” means any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for exhibiting advertisements or any attachment to a building or structure used for advertising purposes;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the training of horses and the rearing of bloodstock, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;
F3[“allotment” means an area of land comprising not more than 1,000 square metres let or available for letting to and cultivation by one or more than one person who is a member of the local community and lives adjacent or near to the allotment, for the purpose of the production of vegetables or fruit mainly for consumption by the person or a member of his or her family;]
“alteration” includes—
(a) plastering or painting or the removal of plaster or stucco, or
(b) the replacement of a door, window or roof,
that materially alters the external appearance of a structure so as to render the appearance inconsistent with the character of the structure or neighbouring structures;
F3[“anthropogenic” in relation to greenhouse gas emissions means those emissions that result from or are produced by human activity or intervention;]
“appeal” means an appeal to the Board;
F3[“appropriate assessment” shall be construed in accordance with section 177R;]
“architectural conservation area” shall be construed in accordance with section 81(1);
“area of special planning control” shall be construed in accordance with section 85(8);
“attendant grounds”, in relation to a structure, includes land lying outside the curtilage of the structure;
F4[“Birds Directive” means Directive 2009/147/EC9 of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;]
“Board” means An Board Pleanála;
“chairperson” means the chairperson of the Board,
F5[“chief executive”, in relation to a local authority, including a local authority exercising functions as a planning authority, means the chief executive appointed under Chapter 2 of Part 14 (as amended by section 54 of the Local Government Reform Act 2014) of the Local Government Act 2001;]
F2[“coastal planning authority” has the meaning assigned to it by the Maritime Area Planning Act 2021;]
“Commissioners” means the Commissioners of Public Works in Ireland;
“company”, except in section 149(5), means a company within the meaning of section 2 of the Companies Act, 1963, or a company incorporated outside the State;
F6[“confirmation notice” means the confirmation notice sent pursuant to article 97B(2) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) following the entering onto the EIA portal of the information referred to in article 97A of those Regulations to which that notice relates;]
F3[“core strategy” shall be construed in accordance with section 10 (inserted by section 7 of the Planning and Development (Amendment) Act 2010);]
F7[…]
“dangerous substance” has the meaning assigned to it by the Major Accidents Directive;
“deputy chairperson” means the deputy chairperson of the Board;
“development” has the meaning assigned to it by section 3, and “develop” shall be construed accordingly;
“development plan” means a development plan under section 9(1);
F8[“DTA” means the body formerly known as the Dublin Transport Authority whose name was changed with effect from 1 December 2009 to the National Transport Authority pursuant to section 30 of the Public Transport Regulation Act 2009;]
F9[“EIA portal” means the website referred to in section 172A;]
F3[“electronic form” means information that is generated, communicated, processed, sent, received, recorded, stored or displayed by electronic means and is capable of being used to make a legible copy or reproduction of that communicated information but does not include information communicated in the form of speech and such electronic means includes electrical, digital, magnetic, optical electro-magnetic, biometric, photonic and any other form of related technology;]
“endangered” means exposed to harm, decay or damage, whether immediately or over a period of time, through neglect or through direct or indirect means;
“enforcement notice” means an enforcement notice under section 154;
F3[“Environmental impact assessment” has the meaning given to it by section 171A;
F10[“Environmental Impact Assessment Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20113 on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20144 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment;]]
F11[“environmental impact assessment report” means a report of the effects, if any, which proposed development, if carried out, would have on the environment and shall include the information specified in Annex IV of the Environmental Impact Assessment Directive;]
F4[“European site” has the meaning given to it by section 177R of Part XAB;]
F12[“European Union” means European Union within the meaning of the European Communities Act 1972 (No. 27 of 1972);]
“exempted development” has the meaning specified in section 4;
“exhibit”, in relation to an advertisement, includes affix, inscribe, print, paint, illuminate and otherwise delineate;
“existing establishment” has the meaning that it has in the Major Accidents Directive;
“fence” includes a hoarding or similar structure but excludes any bank, wall or other similar structure composed wholly or mainly of earth or stone;
F3[“flood risk assessment” means an assessment of the likelihood of flooding, the potential consequences arising and measures, if any, necessary to manage those consequences;]
F13[“functional area” means, in relation to a planning authority, its administrative area for the purposes of the Local Government Acts 1925 to 2014;]
“functions” includes powers and duties;
F14[“Greater Dublin Area” (“GDA”) has the meaning assigned to it by section 3 of the Dublin Transport Authority Act 2008;]
“habitable house” means a house which—
(a) is used as a dwelling,
(b) is not in use but when last used was used, disregarding any unauthorised use, as a dwelling and is not derelict, or
(c) was provided for use as a dwelling but has not been occupied;
F4[“Habitats Directive” means Council Directive 92/43/EEC10 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, amended by Corrigendum to Council Directive 92/43/EEC11 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora amended by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded12; Council Directive 97/62/EC13 of 27 October 1997 adapting to technical and scientific progress Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded14, and Council Directive 2006/105/EC15 of 20 November 2006 adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania;]
“house” means a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building;
F3[“housing strategy” means a strategy included in a development plan under section 94;]
“integrated pollution control licence” means a licence under Part IV of the Environmental Protection Agency Act, 1992;
“land” includes any structure and any land covered with water (whether inland or coastal);
F3[“landscape” has the same meaning as it has in Article 1 of the European Landscape Convention done at Florence on 20 October 2000;
F15[“large-scale residential development” means a development that includes—
(a) the development of 100 or more houses,
(b) the development of student accommodation that includes 200 or more bed spaces,
(c) both the development of 100 or more houses and of student accommodation, or
(d) both the development of student accommodation that includes 200 or more bed spaces and of houses,
where the LRD floor space of—
(i) in the case of paragraph (a), the buildings comprising the houses,
(ii) in the case of paragraph (b), the student accommodation,
(iii) in the case of paragraphs (c) and (d), the buildings comprising the houses and the student accommodation,
is not less than 70 per cent, or such other percentage as may be prescribed, of the LRD floor space of the buildings comprising the development;]]
“local area plan” means a local area plan under section 18;
F16[“local authority” means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]
F15[“LRD” means large-scale residential development;]
F15[“LRD appeal” means an appeal against a decision of a planning authority that relates to an application for permission to which section 32A(1) applies;]
F15[“LRD meeting” means a meeting in accordance with sections 32B and 32C;]
F15[“LRD opinion” has the meaning given to it by section 32D;]
F15[“LRD floor space”, in relation to a building or part of a building, means the area ascertained by the internal measurement of the floor space on each floor of a building or part of a building (including internal walls and partitions), disregarding any floor space provided for—
(a) the parking of vehicles by persons—
(i) occupying or using the building or the part of the building,
(ii) for a purpose incidental to the primary purpose of the building or part of the building,
and
(b) ancillary residential services, including gyms and child-care facilities;]
“major accident” has the meaning assigned to it by the Major Accidents Directive;
F4[“Major Accidents Directive” means Council Directive 96/82/EC of 9 December 199616 amended by Directive 2003/105/EC of the European Parliament and Council of 16 December 200317;]
F17[…]
F2[“maritime area” has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F2[“maritime area consent” has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F2[“maritime site” means a part of the maritime area, and includes—
(a) the waters of that part of the maritime area,
(b) the seabed in that part of the maritime area, and
(c) all substrata beneath the seabed in that part of the maritime area;]
F2[“maritime spatial plan” has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F2[“maritime spatial planning” means—
(a) maritime spatial planning within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 201426, and
(b) land-sea interactions within the meaning of that Directive;]
F18[“mine” means an excavation or system of excavations made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;
“minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat;]
“Minister” means the Minister for the Environment and Local Government;
F2[“National Marine Planning Framework” has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F2[“national newspaper” has the meaning assigned to it by the Maritime Area Planning Act 2021;]
F19[“National Spatial Strategy” means the “National Spatial Strategy: 2002 – 2020” published by the Government on 28 November 2002, or any document published by the Government which amends or replaces that Strategy;]
F3[“Natura 2000 network” has the meaning assigned to it by Article 3, paragraph 1 of the Habitats Directive;
“Natura impact statement” shall be construed in accordance with section 177T;
“Natura impact report” shall be construed in accordance with section 177T;]
F2[“nearshore area” has the meaning assigned to it by the Maritime Area Planning Act 2021;]
“new establishment” has the meaning that it has in the Major Accidents Directive;
F20[“NTA” means the National Transport Authority, being the name to which the name of the Dublin Transport Authority was changed with effect from 1 December 2009 pursuant to section 30 of the Public Transport Regulation Act 2009;]
F2[“objectives of maritime spatial planning” means—
(a) those matters to which the State is required, in accordance with paragraph 1 of Article 5 of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014, to give consideration when establishing and implementing maritime spatial planning,
(b) those matters to which the State is required, in accordance with paragraph 2 of the said Article 5, to aim to contribute through maritime spatial plans, and
(c) objectives that the State is, for the time being, seeking to pursue in accordance with the second sentence of the said paragraph 2;]
“occupier”, in relation to a protected structure or a proposed protected structure, means—
(a) any person in or entitled to immediate use or enjoyment of the structure,
(b) any person entitled to occupy the structure, and
(c) any other person having, for the time being, control of the structure;
F21[“operator” in relation to a quarry means a person who at all material times is in charge of the carrying on of quarrying activities at a quarry or under whose direction such activities are carried out;]
“ordinary member” means a member of the Board other than the chairperson;
F2[“outer maritime area” means that part of the maritime area that is not within the nearshore area of any coastal planning authority;]
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;
“party to an appeal or referral” means the planning authority and any of the following persons, as appropriate—
(a) the appellant,
(b) the applicant for any permission in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),
(c) in the case of a referral under section 5, the person making the referral, and any other person notified under subsection (2) of that section,
(d) in the case of a referral under section 34(5), the applicant for the permission which was granted,
(e) in the case of a referral under section 37(5), the person who made the application for permission which was returned by the planning authority,
(f) any person served or issued by a planning authority with a notice or order, or copy thereof, under sections 44, 45, 46, 88 and 207,
F22[(ff) in the case of a referral under section 57(8), the person making the referral,]
(g) in the case of a referral under section 96(5), a prospective party to an agreement under section 96(2),
(h) in the case of an appeal under section 169, the development agency,
(i) in the case of a referral under section 193, the person by whom the application for permission for erection of the new structure was made,
(j) the applicant for a licence under section 254 in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),
and “party” shalcl be construed accordingly;
F23[“permission” means a permission granted under F24[section 34, 37G, 37N or 293], as appropriate;]
F24[“permission regulations” means regulations under section 33, 37P, 172(2), 174 or 306;]
F4[“planning application” means an application to a planning authority, or the Board, as the case may be, in accordance with permission regulations for permission for the development of land required by those regulations;]
F25[“planning authority” means a local authority;]
“prescribed” means prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly;
“proposed protected structure” means a structure in respect of which a notice is issued under section 12(3) or under section 55 proposing to add the structure, or a specified part of it, to a record of protected structures, and, where that notice so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;
F15[“prospective LRD applicant” has the meaning given to it by section 32A;]
“protected structure” means—
(a) a structure, or
(b) a specified part of a structure,
which is included in a record of protected structures, and, where that record so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;
“protection”, in relation to a structure or part of a structure, includes conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part;
“public place” means any street, road, seashore or other place to which the public have access whether as of right or by permission and whether subject to or free of charge;
“public road” has the same meaning as in the Roads Act, 1993;
F26[“quarry” means an excavation or system of excavations made for the purpose of, or in connection with, the getting of minerals (whether in their natural state or in solution or suspension) or products of minerals, being neither a mine nor merely a well or bore-hole or a well and bore-hole combined, and shall be deemed to include—
(i) any place on the surface surrounding or adjacent to the quarry occupied together with the quarry for the storage or removal of the minerals or for the purposes of a process ancillary to the getting of minerals, including the breaking, crushing, grinding, screening, washing or dressing of such minerals but, subject thereto, does not include any place at which any manufacturing process is carried on;
(ii) any place occupied by the owner of a quarry and used for depositing refuse from it but any place so used in connection with two or more quarries, and occupied by the owner of one of them, or by the owners of any two or more in common, shall be deemed to form part of such one of those quarries as the Minister may direct;
(iii) any line or siding (not being part of a railway) serving a quarry but, if serving two or more quarries shall be deemed to form part of such one of them as the Minister may direct;
(iv) a conveyor or aerial ropeway provided for the removal from a quarry of minerals or refuse.]
“record of protected structures” means the record included under section 51 in a development plan;
F27[“referral” means a referral to the Board under section 5, 34(5), 37(5), 57, 96(5) or 193(2);]
F28[“regional assembly” means a body established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991;]
F29[“regional assemblies in respect of the GDA” means regional assemblies established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the Local Government Act 1991, in respect of a region or regions which includes all or part of the Greater Dublin Area for the purposes of section 3 of the Dublin Transport Authority Act 2008;]
F30[“regional spatial and economic strategy” means regional spatial and economic strategy made under Chapter III of Part II;]
“register” means the register kept under section 7;
“registering authority” means a registering authority within the meaning of the Registration of Title Act, 1964;
F31[“reserved function”, in relation to a local authority, shall be construed in accordance with section 131 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;]
“risk” has the meaning assigned to it by the Major Accidents Directive;
“road” has the same meaning as in the Roads Act, 1993;
“seashore” has the same meaning as in the Foreshore Act, 1933;
F3[“service connection” has the meaning given to it by section 2 of the Act of 2007;
“settlement hierarchy” has the meaning given to it by section 10(2C) (inserted by section 7 of the Act of 2010); ]
“shares” includes stock and “share capital” shall be construed accordingly;
“special amenity area order” means an order confirmed under section 203;
“State authority” means—
(a) a Minister of the Government, or
(b) the Commissioners;
“statutory undertaker” means a person, for the time being, authorised by or under any enactment or instrument under an enactment to—
(a) construct or operate a railway, canal, inland navigation, dock, harbour or airport,
(b) provide, or carry out works for the provision of, gas, electricity or telecommunications services, or
(c) provide services connected with, or carry out works for the purposes of the carrying on of the activities of, any public undertaking;
F3[“strategic development zone” has the meaning given to it by section 165; ]
F32[“strategic downstream gas pipeline” means any proposed gas pipeline, other than an upstream gas pipeline, which is designed to operate at 16 bar or greater, and is longer than 20 kilometres in length;
F3[“strategic environmental assessment” means an assessment carried out in accordance with regulations made under section 10(5), 13(12), 19(4), 23(3), or 168(3) as the case may be;]
“strategic gas infrastructure development” means any proposed development comprising or for the purposes of a strategic downstream gas pipeline or a strategic upstream gas pipeline, and associated terminals, buildings and installations, whether above or below ground, including any associated discharge pipe;
“strategic infrastructure development” means—
(a) any proposed development in respect of which a notice has been served under section 37B(4)(a),
(b) any proposed development by a local authority referred to in section 175(1) or F33[subsection (3) or (6) of section 226],
F34[(c) any proposed development referred to in section 181A(1) which has been identified as likely to have significant effects on the environment in accordance with regulations made under section 176,]
(d) any proposed development referred to in section 182A(1),
(e) any proposed strategic gas infrastructure development referred to in section 182C(1),
(f) any scheme or proposed road development referred to in section 215,
(g) any proposed railway works referred to in section 37(3) of the Transport (Railway Infrastructure) Act 2001 (as amended by the Planning and Development (Strategic Infrastructure) Act 2006), or
F35[(h) any compulsory acquisition of land referred to in section 214, 215A, 215B or 215C, being an acquisition related to development specified in any of the preceding paragraphs of this definition;]
“Strategic Infrastructure Division” means the division of the Board referred to in section 112A(1);
“strategic upstream gas pipeline” means so much of any gas pipeline proposed to be operated or constructed—
(a) as part of a gas production project, or
(b) for the purpose of conveying unprocessed natural gas from one or more than one such project to a processing plant or terminal or final coastal landing terminal,
as will be situate in the functional area or areas of a planning authority or planning authorities;]
“structure” means any building, structure, excavation, or other thing constructed or made on, in or under any land, or any part of a structure so defined, and—
(a) where the context so admits, includes the land on, in or under which the structure is situate, and
(b) in relation to a protected structure or proposed protected structure, includes—
(i) the interior of the structure,
(ii) the land lying within the curtilage of the structure,
(iii) any other structures lying within that curtilage and their interiors, and
(iv) all fixtures and features which form part of the interior or exterior of any structure or structures referred to in subparagraph (i) or (iii);
F15[“student accommodation” means a building or part thereof used, or to be used, for the sole purpose (subject to paragraph (b)) of providing residential accommodation to students during academic term times, whether or not provided by a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 ), and that is not used, or to be used,—
(a) as permanent residential accommodation, or
(b) as a hotel, hostel, apart-hotel or similar type accommodation other than for the purposes of providing residential accommodation to tourists or visitors outside of academic term times;]
F3[“substitute consent” has the meaning given to it by section 177A;]
“substratum of land” means any subsoil or anything beneath the surface of land required—
(a) for the purposes of a tunnel or tunnelling or anything connected therewith, or
(b) for any other purpose connected with a scheme within the meaning of the Roads Act, 1993;
F36[“this Act” includes a statutory instrument made thereunder;]
“Transboundary Convention” means the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland), on 25 February, 1991;
F14[“transport strategy” has the meaning assigned to it by section 12 of the Dublin Transport Authority Act 2008;]
“traveller” means a traveller within the meaning of section 2 of the Housing (Traveller Accommodation) Act, 1998;
“unauthorised development” means, in relation to land, the carrying out of any unauthorised works (including the construction, erection or making of any unauthorised structure) or the making of any unauthorised use;
“unauthorised structure” means a structure other than—
(a) a structure which was in existence on 1 October 1964, or
(b) a structure, the construction, erection or making of which was the subject of a permission for development granted under Part IV of the Act of 1963 or deemed to be such under section 92 of that Act F23[or under F24[section 34, 37G or 37N or 293] of this Act], being a permission which has not been revoked, or which exists as a result of the carrying out of exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act);
“unauthorised use” means, in relation to land, use commenced on or after 1 October 1964, being a use which is a material change in use of any structure or other land and being development other than—
(a) exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act), or
(b) development which is the subject of a permission granted under Part IV of the Act of 1963 F23[or under F24[section 34, 37G, 37N or 293] of this Act], being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject;
“unauthorised works” means any works on, in, over or under land commenced on or after 1 October 1964, being development other than—
(a) exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act), or
(b) development which is the subject of a permission granted under Part IV of the Act of 1963 F23[or under F24[section 34, 37G, 37N or 293] of this Act], being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject;
“use”, in relation to land, does not include the use of the land by the carrying out of any works thereon;
“warning letter” means a notification in writing under section 152(1);
“waste licence” means a waste licence under Part V of the Waste Management Act, 1996;
“works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal and, in relation to a protected structure or proposed protected structure, includes any act or operation involving the application or removal of plaster, paint, wallpaper, tiles or other material to or from the surfaces of the interior or exterior of a structure.
(2) In this Act—
(a) a reference to a section, Schedule, Chapter or Part is to a section, Schedule, Chapter or Part of this Act, unless it is indicated that reference to some other enactment is intended, and
(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(3) In this Act, a reference to the carrying out of development on behalf of a State authority shall, where that authority is a Minister of the Government, be construed as including a reference to the carrying out of development by the Commissioners on behalf of the Minister.
(4) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.
(5) A reference in this Act to performance of functions includes a reference to the exercise of powers and the performance of duties.
(6) A reference in this Act to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
(7) The doing of anything that is required under this Act to be done by resolution shall be a reserved function.
F37[(8) Subject to this Act, a word or expression that is used in this Act and that is also used in the Environmental Impact Assessment Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.]
Annotations
Amendments:
F2
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 1, S.I. No. 488 of 2022.
F3
Inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(c), S.I. No. 405 of 2010.
F4
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(b), S.I. No. 405 of 2010.
F5
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6 and sch. 2 ref. no. 2, S.I. No. 436 of 2018.
F6
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(iii), in effect as per reg. 2(1).
F7
Deleted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(a), S.I. No. 405 of 2010.
F8
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 1, S.I. No. 214 of 2014.
F9
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(iii), in effect as per reg. 2(1).
F10
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(i), in effect as per reg. 2(1).
F11
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(ii), in effect as per reg. 2(1).
F12
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(iii), in effect as per reg. 2(1).
F13
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 2, S.I. No. 214 of 2014.
F14
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 81, S.I. No. 574 of 2009.
F15
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 2, S.I. No. 715 of 2021.
F16
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 3, S.I. No. 214 of 2014.
F17
Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6 and sch. 2 ref. no. 1, S.I. No. 436 of 2018.
F18
Inserted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 3.
F19
Inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(a), S.I. No. 525 of 2006.
F20
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2, part 4 ref. 5, S.I. No. 214 of 2014.
F21
Inserted (15.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 16, S.I. No. 474 of 2011.
F22
Inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 6(a), commenced on enactment.
F23
Inserted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(a), not commenced as of date of revision.
F24
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 1, S.I. No. 488 of 2022.
F25
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 6, S.I. No. 214 of 2014.
F26
Substituted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 3.
F27
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 6(b), commenced on enactment.
F28
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 7.
F29
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4, ref. 8.
F30
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 9, S.I. No. 214 of 2014.
F31
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 10, S.I. No. 214 of 2014.
F32
Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(b) and (c), S.I. No. 684 of 2006.
F33
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 7, S.I. No. 436 of 2018.
F34
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 3.
F35
Substituted (21.07.2009) by Harbours (Amendment) Act 2009 (26/2009), s. 7(2)(a), commenced on enactment.
F36
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(a)(iii), in effect as per reg. 2(1).
F37
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 6(b), in effect as per reg. 2(1).
Modifications (not altering text):
C18
Prospective affecting provision: definitions inserted in subs. (1) by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(a), not commenced as of date of revision.
F23[“abstraction” has the same meaning as in the Water Environment (Abstractions and Associated Impoundments) Act 2022;]
F23[“abstraction licence” means a licence granted by the Environmental Protection Agency under Part 5 of the Water Environment (Abstractions and Associated Impoundments) Act 2022;]
C19
Subs. (1) construed during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 13, 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 2 (interpretation) of Act of 2000 during specified period
13. Section 2 of the Act of 2000 shall have effect in subsection (1) during the specified period—
(a) as if “, or section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “or 37N” in the definition of “permission”,
(b) as if “, or section 12 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “or 174” in the definition of “permission regulations”,
(c) as if the following were inserted after subparagraph (a) in the definition of “strategic infrastructure development”:
“(aa) any proposed development referred to in section 4 (other than development in respect of which an election has been exercised under subsection (4) of that section) of the Planning and Development (Housing) and Residential Tenancies Act 2016,”,
(d) as if the following definition were inserted after the definition of “structure”:
“ ‘student accommodation’—
(a) means a building or part thereof used or to be used to accommodate students whether or not provided by a relevant provider (within the meaning of Qualifications and Quality Assurance (Education and Training) Act 2012), and that is not for use—
(i) as permanent residential accommodation, or
(ii) subject to paragraph (b), as a hotel, hostel, apart-hotel or similar type accommodation,
and
(b) includes residential accommodation that is used as tourist or visitor accommodation but only if it is so used outside of academic term times;”,
(e) as if “or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 37N of this Act,” in subparagraph (b) of the definition of “unauthorised structure”, and
(f) as if “or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 37N of this Act,” in subparagraph (b) of the definition of “unauthorised use”.
Editorial Notes:
E6
Section as in force immediately before 1 September 2018 applied to the interpretation of S.I. No. 296 of 2018 as provided (21.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(2), in effect as per reg. 2(1).
E7
Previous affecting provision: definition of “permission regulations” substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 3; substituted (1.01.2022) as per F-note above.
E8
Previous affecting provision: definition of “manager” substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 4, S.I. No. 214 of 2014; deleted as per F-note above.
E9
Previous affecting provision: definition of “environmental impact statement” amended (31.10.2012) by European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012), reg. 2(a)(ii); substituted by definition of “environmental impact assessment report” as per F-note above.
E10
Previous affecting provision: definition of “quarry” inserted (15.09.2011) by Environmental (Miscellaneous Provisions) Act 2011 (20/2011), s. 16, S.I. No. 474 of 2011; substituted as per F-note above.
E11
Previous affecting provision: definition of “Environmental Impact Assessment Directive” inserted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 4(c), S.I. No. 405 of 2010; amended (31.10.2012) by European Union (Environmental Impact Assessment) (Planning and Development Act, 2000) Regulations 2012 (S.I. No. 419 of 2012), reg. 2(a)(i); substituted as per F-note above.
E12
Previous affecting provision: definition of “DTA” inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 81, S.I. No. 574 of 2009; substituted as per F-note above.
E13
Previous affecting provision: definition of “regional authorities within the GDA” inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 81, S.I. No. 574 of 2009; substituted as per F-note above.
E14
Previous affecting provision: definition of “permission” inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(b) and (c), S.I. No. 684 of 2006; substituted as per F-note above.
E15
Previous affecting provisions: definitions of “unauthorised structure”, “unauthorised use” and “unauthorised works” amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 6(d), S.I. No. 684 of 2006; substituted as per F-note above.
10 O.J.No.L206, 22.7.1992, p. 7
11 O.J.No.L 176, 20.7.1993, p 29-30
12 O.J. No. C241, 29.8.1994, p 21
13 O.J.No.L305, 8.11.1997, p 42-65
14 O.J. No. 236, 23.9.2003, p. 33
15 O.J. No.L363, 20.12.2006, p 368-408 and O.J. L 059, 8.3.1996, p.63
16 O.J. No. L10, 14.1.1997 p. 13
17 O.J.No. L345, 31.12.2003 p.97-105
26 OJ No. L257, 28.8.2014, p. 135
3 OJ L26, 28.1.2012, p.1
4 OJ L24, 25.4.2014, p.1
9 O.J.No. 20, 26.1.2010 p 7-25
ART III
Control of Development
Annotations
Modifications (not altering text):
C39
Application of Part III restricted (7.02.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 33(10), S.I. No. 76 of 2014.
Water services strategic plan.
33.— …
(10) An application for permission under Part III of the Act of 2000 shall not be refused by a planning authority or An Bord Pleanála solely on the ground that the development to which the application relates is not referred to in the water services strategic plan for the time being in force, provided that the planning authority or An Bord Pleanála, as the case may be, considers that the development will facilitate the achievement of the objectives of that plan.
…
C40
Application of Part III extended (31.12.2007) by Water Services Act 2007 (30/2007), s. 55(4) and 61(5), S.I. No. 846 of 2007.
Connection to a water supply.
55.— …
(4) Without prejudice to subsection (5), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waterworks for the purposes of this section, subject to such conditions as the water services authority may require, consistent with its functions under this section.
…
Waste water connections.
61.— …
(5) Without prejudice to subsection (6), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waste water works for the purposes of this section, subject to such conditions as the water services authority may require consistent with its powers under this section.
…
C41
Provision for consideration of waste management under Part made by Waste Management Act 1996 (10/1996), s. 22(10D) as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(d), S.I. No. 393 of 2004.
Waste management plans.
22.— …
(10D) (a) In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000, planning authorities and An Bord Pleanála shall ensure that such measures as are reasonably necessary are taken to secure appropriate provision for the management of waste (and, in particular, recyclable materials) within developments, including the provision of facilities for the storage, separation and collection of such waste (and, in particular, such materials) and the preparation by the appropriate persons of suitable plans for the operation of such facilities.
(b) The Minister may issue guidelines as to the steps that may be taken to comply with this subsection.
C42
Application of Part restricted by Environmental Protection Agency Act 1992 (7/1992), s. 86(11) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Conditions attached to a licence.
86.— …
(8) Where a permission under section 34 of the Act of 2000 has been granted or an application has been made for such permission in relation to development comprising or for the purposes of an activity, the Agency—
(a) may consult with the planning authority in whose functional area the activity is or will be situate in relation to any development which is necessary to give effect to any conditions to be attached to a licence or revised licence and which the Agency considers is not the subject of a permission or an application for a permission under section 34 of the Act of 2000, and
(b) may attach to the licence or revised licence such conditions related to the above-mentioned development as may be specified by the planning authority for the purposes of the proper planning and sustainable development of the area or stricter conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of emissions.
…
(11) Notwithstanding the requirements of Part III of the Act of 2000, works consisting of, or incidental to, the carrying out of development referred to in paragraph (a) of subsection (8) in respect of which conditions have been attached under paragraph (b) of that subsection to the licence or revised licence concerned shall be exempted development within the meaning, and for the purposes, of the Act of 2000.
C43
Provision for consideration of development plan under Part made (8.07.2003) by Digital Hub Development Agency Act 2003 (23/2003), s. 9(5), commenced on enactment.
Development plan.
9.— …
(5) Dublin City Council and An Bord Pleanála shall, in deciding any application or in determining any application on appeal for permission under Part III of the Planning and Development Act 2000 in respect of development in the digital hub area, consider anything relevant contained in the development plan.
…
Editorial Notes:
E150
Application of Part III restricted by Water Services Act 2007 (30/2007), s. 36(20), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 4(1), S.I. No. 575 of 2013.
General obligation to obtain permission.
32.—(1) Subject to the other provisions of this Act, permission shall be required under this Part—
(a) in respect of any development of land, not being exempted development, and
(b) in the case of development which is unauthorised, for the retention of that unauthorised development.
(2) A person shall not carry out any development in respect of which permission is required by subsection (1), except under and in accordance with a permission granted under this Part.
F306[
Opinion as to flexibility with regard to application for permission.
32I. …]
Annotations:
Amendments:
F315
Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.
Modifications (not altering text):
C46
Prospective affecting provision: section inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.
F315[32I. (1) The planning authority shall, within the period of 4 weeks beginning on the date on which the meeting convened under section 32H(5) takes place, consider—
(a) the information included in the request for the meeting under section 32H, and
(b) 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.
(2) Where the planning authority determines that it is satisfied in accordance with subsection (1) it shall provide an opinion to that effect to the prospective applicant.
(3) Where the planning authority determines that it is not satisfied in accordance with subsection (1) it shall notify the prospective applicant to that effect.
(4) An opinion under subsection (2) shall specify—
(a) 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,
(b) 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 in paragraph (a), and
(c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act, be accompanied by the information referred to in section 32H(2)(f).
(5) An opinion issued by a planning authority under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.
(6) 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 under subsection (2), including the form of the opinion.
(7) Where, on the expiry of the period specified in subsection (1), 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.]
F316[
Procedure without prejudice to performance by the planning authority of other functions.
32J. …]
Annotations:
Amendments:
F316
Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.
Modifications (not altering text):
C47
Prospective affecting provision: section inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.
F316[32J. Neither the taking place of a meeting under section 32H nor the provision of an opinion or notification under section 32I 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.]
F317[
Effect of steps not being completed within the time period.
32K. …]
Annotations:
Amendments:
F317
Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.
Modifications (not altering text):
C48
Prospective affecting provision: section inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.
F317[32K. A person shall not question the validity of any steps taken by a planning authority by reason only that the procedures set out in sections 32H and 32I, were not completed within the time referred to in the sections concerned.]
F318[
Offence of taking payment, etc. in connection with section 32H procedure.
32L. …]
Annotations:
Amendments:
F318
Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.
Modifications (not altering text):
C49
Prospective affecting provision: section inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.
F318[32L. 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.]
Regulations regarding applications for permission.
33.—(1) The Minister shall by regulations provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for permission for the development of land.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for the following—
(a) requiring the submission of information in respect of applications for permission for the development of land;
(b) requiring any applicants to publish any specified notices with respect to their applications;
(c) enabling persons to make submissions or observations on payment of the prescribed fee and within a prescribed period;
F319[(ca) providing for the waiving or reduction of a fee to which paragraph (c) would relate, or the payment of a different fee, in respect of submissions or observations made by a person in his or her capacity as a member of a local authority;]
(d) requiring planning authorities to acknowledge in writing the receipt of submissions or observations;
(e) requiring any applicants to furnish to any specified persons any specified information with respect to their applications;
(f) requiring planning authorities to—
(i) (I) notify prescribed authorities of such proposed development or classes of development as may be prescribed, or
(II) consult with them in respect thereof,
and
(ii) give to them such documents, particulars, plans or other information in respect thereof as may be prescribed;
(g) requiring any applicants to submit any further information with respect to their applications (including any information as to any estate or interest in or right over land) or information regarding any effect on the environment which the development may have;
F320[(ga) enabling planning authorities to request applicants to submit further information with respect to their applications, for the purposes of paragraph (g), and providing for, in respect of different classes or descriptions of development, the information or type of information which may be requested and the number of requests that may be made;]
(h) enabling planning authorities to invite an applicant to submit to them revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the application relates and, in case the plans, drawings or particulars are submitted to a planning authority in response to such an invitation, enabling the authority in deciding the application to grant a permission for the relevant development as modified by all or any of the plans, drawings or particulars;
(i) requiring the production of any evidence to verify any particulars of information given by any applicants;
(j) requiring planning authorities to furnish to the Minister and to any other specified persons any specified information with respect to applications and the manner in which they have been dealt with;
(k) requiring planning authorities to publish or give notice of their decisions in respect of applications for permission, including the giving of notice thereof to prescribed bodies and to persons who made submissions or observations in respect of such applications;
F319[(ka) facilitating the making and processing by electronic means of—
(i) planning applications, appeals, referrals, applications for approval, submissions and consents under this Act, and
(ii) the payment of fees, the issuing of decisions and setting out of requirements to which subparagraph (i) relates;
(kb) requiring the inputting of data by planning authorities into such databases or national planning systems as may be prescribed by the Minister;]
(l) requiring an applicant to submit specified information to the planning authority with respect to development, or any class of development, carried out by a person to whom section 35(7) applies pursuant to a permission granted to the applicant or to any other person under this Part or under Part IV of the Act of 1963.
(3) (a) Regulations under this section may, for the purposes of securing the attainment of an objective included in a development plan pursuant to section 10(2)(m), require any applicant for permission to provide the planning authority with such information, in respect of development (including development of a particular class) that the applicant proposes to carry out in a Gaeltacht area, as it may specify.
(b) A requirement to which paragraph (a) applies may relate to development belonging to a particular class.
(c) Before making regulations containing a requirement to which paragraph (a) applies the Minister shall consult with the Minister for Arts, Heritage, Gaeltacht and the Islands.
(4) Regulations under this section may make additional or separate provisions in regard to applications for outline permission within the meaning of section 36.
F321[(5) Regulations under this section may make different provision with respect to applications for permission for development made by the Central Bank of Ireland in cases where the disclosure of information in relation to the application concerned might prejudice the security, externally or internally, of the development or the land concerned or facilitate any unauthorised access to or from the land by any person, and such regulations may make provision modifying the operation of section 38 in relation to applications in those cases. ]
Annotations
Amendments:
F319
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 22(a), (b), S.I. No. 436 of 2018.
F320
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 4, S.I. No. 715 of 2021.
F321
Inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 90(a), S.I. No. 287 of 2013.
Modifications (not altering text):
C50
Functions under subs. (3)(c) and regulations transferred (1.06.2011) by Irish Language, Gaeltacht and the Islands (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 216 of 2011), regs. 2 and 3.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Tourism, Culture and Sport.
(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.
3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs under—
(a) section 33 (3)(c) of the Planning and Development Act 2000 (No. 30 of 2000), and
(b) the Planning and Development Regulations 2001 (S.I. No. 600 of 2001),
are transferred to the Minister for Tourism, Culture and Sport.
Editorial Notes:
E153
Power pursuant to section exercsied (9.11.2022) by Planning and Development (Amendment) (No. 2) Regulations 2022 (S.I. No. 565 of 2022).
E154
Power pursuant to section exercsied (17.12.2021) by Planning and Development (Large-scale Residential Development) Regulations 2021 (S.I. No. 716 of 2021), in effect as per reg. 2.
E155
Power pursuant to section exercised (4.11.2021) by Planning and Development (Amendment) (No. 3) Regulations 2021 (S.I. No. 588 of 2021).
E156
Power pursuant to section exercised (15.01.2021) by Planning and Development (Amendment) Regulations 2021 (S.I. No. 9 of 2021).
E157
Power pursuant to section exercised (16.11.2018) by Planning and Development (Fees) Regulations 2018 (S.I. No. 501 of 2018).
E158
Power pursuant to section exercised (10.09.2015) by Planning and Development (Amendment) (No. 3) Regulations 2015 (S.I. No. 387 of 2015).
E159
Power pursuant to section exercised (16.07.2015) by Planning and Development (Amendment) (No. 2) Regulations 2015 (S.I. No. 310 of 2015), in effect as per reg. 2.
E160
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E161
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E162
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E163
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).
E164
Power pursuant to section exercised (11.03.2002) by Planning and Development Regulations 2002 (S.I. No. 70 of 2002).
E165
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Permission for development.
34.—(1) Where—
(a) an application is made to a planning authority in accordance with permission regulations for permission for the development of land, and
(b) all requirements of the regulations are complied with,
the authority may decide to grant the permission subject to or without conditions, or to refuse it.
F322[(1A) Where an application to a planning authority is required to have been accompanied by an F323[environmental impact assessment report]:
(a) The planning authority shall cause to be published in one or more newspapers circulated in the area and/or by electronic means, a notice informing the public of such a decision of the planning authority.
(b) The notice shall state that the applicant and any person who made submissions or observations in writing to the planning authority in relation to the planning application in accordance with section 37(1) may appeal such a decision to the Board.
(c) The notice shall further state that a person may question the validity of any decision of the planning authority by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with section 50.
(d) The notice shall further state that a person may question the validity of any decision on an appeal by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with section 50.
(e) The notice shall identify where practical information on the appeal and review mechanisms can be found.]
F324[(1B) Where a planning authority receives an application for permission to which section 32A(1) applies it shall notify the elected members of the planning authority of the making of the application, of where the application is available for inspection, and of such other information as may be prescribed.]
(2) (a) When making its decision in relation to an application under this section, the planning authority shall be restricted to considering the proper planning and sustainable development of the area, regard being had to—
(i) the provisions of the development plan,
F325[(ia) any guidelines issued by the Minister under section 28,]
(ii) the provisions of any special amenity area order relating to the area,
(iii) any European site or other area prescribed for the purposes of section 10(2)(c),
(iv) where relevant, the policy of the Government, the Minister or any other Minister of the Government,
(v) the matters referred to in subsection (4), F326[…]
F327[(va) previous developments by the applicant which have not been satisfactorily completed,
(vb) previous convictions against the applicant for non-compliance with this Act, the Building Control Act 2007 or the Fire Services Act 1981, and]
(vi) any other relevant provision or requirement of this Act, and any regulations made thereunder.
F325[(aa) When making its decision in relation to an application under this section, the planning authority shall apply, where relevant, specific planning policy requirements of guidelines issued by the Minister under section 28.]
(b) In considering its decision in accordance with paragraph (a), a planning authority shall consult with any other planning authority where it considers that a particular decision by it may have a significant effect on the area of that authority, and the authority shall have regard to the views of that other authority and, without prejudice to the foregoing, it shall have regard to the effect a particular decision by it may have on any area outside its area (including areas outside the State).
F325[(ba) Where specific planning policy requirements of guidelines referred to in subsection (2)(aa) differ from the provisions of the development plan of a planning authority, then those requirements shall, to the extent that they so differ, apply instead of the provisions of the development plan.]
(c) F328[Subject to section 99F of the Environmental Protection Agency Act 1992,] and section 54 (as amended by section 257 of this Act) of the Waste Management Act, 1996, where an application under this section relates to development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, a planning authority shall take into consideration that the control of emissions arising from the activity is a function of the Environmental Protection Agency.
F325[(d) In this subsection “specific planning policy requirements” means such policy requirements identified in guidelines issued by the Minister to support the consistent application of Government or national policy and principles by planning authorities, including the Board, in securing overall proper planning and sustainable development.]
(3) A planning authority shall, when considering an application for permission under this section, have regard to—
(a) in addition to the application itself, any information relating to the application furnished to it by the applicant in accordance with the permission regulations,
(b) any written submissions or observations concerning the proposed development made to it in accordance with the permission regulations by persons or bodies other than F329[the applicant, and]
F330[(c) where an application for permission relates to a residential development comprising 10 or more houses—
(i) any information available to the planning authority, or furnished to it by the applicant, concerning implementation by the applicant of any housing development in the previous 5 years, and
(ii) an assessment by the planning authority of the likelihood of the proposed development being implemented within the appropriate period sought, being the appropriate period within the meaning provided for by section 40(3).]
F325[(3A) In determining an application for permission that relates to an existing planning permission for a residential multi-unit development (within the meaning of section 1 of the Multi-Unit Development Act 2011) and where the purpose of the application for permission is to take account of specific planning policy requirements (within the meaning given by subsection (2)(d)) of new or revised guidelines issued by the Minister under section 28 with regard to the previously permitted development, the planning authority concerned or the Board (as the case may be) shall, notwithstanding section 34(2)(a), be restricted in its determination of the application to considering the modifications proposed by the applicant.
(3B) Notwithstanding section 37, no appeal shall be made to the Board in respect of the determination by the planning authority concerned of an application to which subsection (3A) relates unless it would relate to a materially significant change to the approved external appearance of the proposed development.]
F324[(3C) In determining an application for permission that relates to a development in respect of a part of which permission has previously been granted—
(a) under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, or
(b) on foot of an application in accordance with section 32A, the planning authority concerned shall, notwithstanding section 34(2)(a), be restricted in its determination of the application, other than in respect of any assessment of the effects of the proposed development on the environment, to considering the modifications proposed by the applicant to the previously permitted development and for the purposes of determining such an application the reference in subsection (6) to “the development concerned” shall be read as a reference to “the modifications to the previously permitted development”.]
(4) Conditions under subsection (1) may, without prejudice to the generality of that subsection, include all or any of the following—
F331[(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant if the imposition of such conditions appears to the planning authority—
(i) to be expedient for the purposes of or in connection with the development authorised by the permission, or
(ii) to be appropriate, where any aspect or feature of that adjoining, abutting or adjacent land constitutes an amenity for the public or a section of the public, for the purposes of conserving that amenity for the public or that section of the public (and the effect of the imposition of conditions for that purpose would not be to burden unduly the person in whose favour the permission operates);]
(b) conditions for requiring the carrying out of works (including the provision of facilities) which the planning authority considers are required for the purposes of the development authorised by the permission;
(c) conditions for requiring the taking of measures to reduce or prevent—
(i) the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in that neighbourhood, or
(ii) the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site;
(d) conditions for requiring provision of open spaces;
(e) conditions for requiring the planting, maintenance and replacement of trees, shrubs or other plants or the landscaping of structures or other land;
(f) conditions for requiring the satisfactory completion within a specified period, not being less than 2 years from the commencement of any works, of the proposed development (including any roads, open spaces, car parks, sewers, watermains or drains or other public facilities), where the development includes the construction of 2 or more houses;
(g) conditions for requiring F329[the giving and maintaining of adequate security] for satisfactory completion of the proposed development;
(h) conditions for determining the sequence and timing in which and the time at which works shall be carried out;
(i) conditions for the maintenance or management of the proposed development (including the establishment of a company or the appointment of a person or body of persons to carry out such maintenance or management);
(j) conditions for the maintenance, until taken in charge by the local authority concerned, of roads, open spaces, car parks, sewers, watermains or drains and other public facilities or, where there is an agreement with the local authority in relation to such maintenance, conditions for maintenance in accordance with the agreement;
(k) conditions for requiring the provision of such facilities for the collection or storage of recyclable materials for the purposes of the proposed development;
(l) conditions for requiring construction and demolition waste to be recovered or disposed of in such a manner and to such extent as may be specified by the planning authority;
(m) conditions for requiring the provision of roads, including traffic calming measures, open spaces, car parks, sewers, watermains or drains, facilities for the collection or storage of recyclable materials and other public facilities in excess of the immediate needs of the proposed development, subject to the local authority paying for the cost of the additional works and taking them in charge or otherwise entering into an agreement with the applicant with respect to the provision of those public facilities;
(n) conditions for requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land so authorised, at the expiration of a specified period, and the carrying out of any works required for the re-instatement of land at the expiration of that period;
(o) conditions in relation to appropriate naming and numbering of, and the provision of appropriate signage for, the proposed development;
(p) conditions for requiring, in any case in which the development authorised by the permission would remove or alter any protected structure or any element of a protected structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest—
(i) the preservation by a written and visual record (either measured architectural drawings or colour photographs and/or audio-visual aids as considered appropriate) of that structure or element before the development authorised by the permission takes place, and
(ii) where appropriate, the architectural salvaging of any element, or the re-instatement of any element in a manner specified by the authority;
(q) conditions for regulating the hours and days during which a business premises may operate.
F332[(5) The conditions under subsection (1) may provide that points of detail relating to a grant of permission be agreed between the planning authority and the person carrying out the development and, accordingly—
(a) where for that purpose that person has submitted to the planning authority concerned such points of detail, then that authority shall, within 8 weeks of those points being so submitted, or such longer period as may be agreed between them in writing, either—
(i) reach agreement with that person on those points, or
(ii) where that authority and that person cannot so agree on those points, that authority may—
(I) advise that person accordingly in writing, or
(II) refer the matter to the Board for its determination,
and, where clause (I) applies, that person may, within 4 weeks of being so advised, refer the matter to the Board for its determination,
or
(b) where none of the events referred to in subparagraph (i) or in clause (I) or (II) of subparagraph (ii) occur within those 8 weeks or such longer period as may have been so agreed, then that authority shall be deemed to have agreed to the points of detail as so submitted.]
(6) (a) In a case in which the development F333[concerned would contravene materially the development plan or local area plan], a planning authority may, notwithstanding any other provision of this Act, decide to grant permission under this section, provided that the following requirements are complied with before the decision is made, namely—
(i) notice in the prescribed form of the intention of the planning authority to consider deciding to grant the permission shall be published in at least one daily newspaper circulating in its area and the notice shall specifically state which objective of the development plan F327[or local area plan, as the case may be,] would be materially contravened by granting this permission,
F333[(ii) copies of the notice shall be given to each of the following—
(I) the applicant,
F327[(IA) the regional assembly for the area in which the planning authority is situated,]
(II) a prescribed body which has been notified of the application by the planning authority, and
(III) any person who has made a submission or observation in writing in relation to the development to which the application relates,]
(iii) any submission or observation as regards the making of a decision to grant permission and which is received by the planning authority not later than 4 weeks after the first publication of the notice shall be duly considered by the F333[authority]
F334[(iiia) not later than 6 weeks from the publication of the notice under subparagraph (i), the chief executive shall prepare a report for the members of the planning authority—
(I) stating the main reasons and considerations on which the proposal to grant permission is based,
(II) summarising the issues raised in any submissions or observations in accordance with subparagraph (iii), and
(III) advising the members of his or her opinion regarding the compliance or otherwise of the proposed development with any relevant Ministerial guidelines under section 28 or any relevant policies or objectives of the Government or Minister of the Government or with any regional spatial and economic strategy,
and the report shall be considered by the members before a resolution is passed under subparagraph (iv), and
(iv) a resolution shall be passed by the planning authority approving the proposal of the chief executive to grant permission.]
(b) It shall be necessary for the passing of a resolution referred to in paragraph (a) that the number of the members of the planning authority voting in favour of the resolution is not less than three-quarters of the total number of the members of the planning authority or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and the requirement of this paragraph is in addition to and not in substitution for any other requirement applying in relation to such a resolution.
F335[(ba) Where a resolution referred to in paragraph (a) has been passed by a planning authority in accordance with paragraph (b), the planning authority shall—
(i) send to the regional assembly for the area and the Office of the Planning Regulator a copy of the notice under paragraph (a) that relates to the resolution, and
(ii) at the same time, inform the regional assembly for the area and the Office of the Planning Regulator in writing that the resolution was passed.]
(c) F336[…]
(d) F336[…]
(7) F336[…]
(8) (a) Subject to paragraphs (b), (c), (d) and (e), where—
(i) an application is made to a planning authority in accordance with the permission regulations for permission under this section, and
(ii) any requirements of those regulations relating to the application are complied with,
a planning authority shall make its decision on the application within the period of 8 weeks beginning on the date of receipt by the planning authority of the application.
F337[(b) Where a planning authority, within 8 weeks of the receipt of a planning application, serves notice in accordance with the permission regulations requiring the applicant to give to the authority further information or to produce evidence in respect of the application, the authority shall make its decision on the application as follows:
(i) within 4 weeks of the notice being complied with, or
(ii) F338[if, within the period specified in subparagraph (i), in relation to further information] given or evidence produced in compliance with the notice, the planning authority—
(I) considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and
(II) gives notice accordingly to the applicant,
within 4 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority.
(c) Where, in the case of a planning application accompanied by an F339[environmental impact assessment report] or a Natura impact statement, a planning authority serves a notice referred to in paragraph (b), the authority shall make its decision as follows:
(i) within 8 weeks of the notice being complied with, or
(ii) F338[if, within the period specified in subparagraph (i), in relation to further information] given or evidence produced in compliance with the notice, the planning authority—
(I) considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and
(II) gives notice accordingly to the applicant,
within 8 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority,]
F340[(ca) F341[Where an environmental impact assessment report] is submitted to a planning authority under section 172(1C), or where a Natura impact statement is submitted to a planning authority under section 177T (5), the planning authority shall make its decision on the application as follows—
(i) within 8 weeks commencing on the date on which the F342[environmental impact assessment report] or Natura impact statement, as the case may be, and a copy of the relevant public notice required in accordance with regulations under this Act, is received by the planning authority, or
(ii) where a planning authority, within 8 weeks of the receipt of an F343[environmental impact assessment report submitted] under section 172(1C) or a Natura impact statement under section 177T(5), serves notice in accordance with regulations under this Act requiring the applicant to give to the authority further information in relation F344[to the environmental impact assessment report] or Natura impact statement, as the case may be—
(I) F345[within 8 weeks, in the case of further information in relation to the environmental impact assessment report, and within 4 weeks, in the case of further information in relation to the Natura impact statement,] of the notice being complied with, or
(II) F338[if, within the period specified in clause (I), in relation to further information] given, the planning authority considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with regulations under this Act, and gives notice accordingly to the applicant, F346[within 8 weeks, in the case of such further information given in relation to the environmental impact assessment report, and within 4 weeks, in the case of such further information given in relation to the Natura impact statement,] beginning on the day on which notice of that publication is given by the applicant to the planning authority.]
(d) Where a notice referred to in subsection (6) is published in relation to the application, the authority shall make its decision within the period of 8 weeks beginning on the day on which the notice is first published.
(e) Where, in the case of an application for permission for development that—
(i) would be likely to increase the risk of a major accident, or
(ii) is of such a nature as to be likely, if a major accident were to occur, and, having regard to all the circumstances, to cause there to be serious consequences,
a planning authority consults, in accordance with the permission regulations, with a prescribed authority for the purpose of obtaining technical advice regarding such risk or consequences, the authority shall make a decision in relation to the application within 4 weeks beginning on the day on which the technical advice is received.
F347[(f) (i) Where a planning authority has failed to make a decision in relation to an application within the period specified in paragraph (a), (b), (c), (d) or (e) as appropriate (referred to in this paragraph as the “first period”) and becomes aware, whether through notification by the applicant or otherwise, that it has so failed, the authority shall proceed to make the decision notwithstanding that the first period has expired.
(ii) Where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant.
(iii) Where a planning authority fails to make a decision within a period of 12 weeks after the expiry of the first period a decision (referred to in this paragraph as the “deemed decision”) of the planning authority to grant the permission shall be regarded as having been given on the last day of that period of 12 weeks.
(iv) Any person, who has made submissions or observations in writing in relation to the planning application to the planning authority, may at any time within the period of 4 weeks after the expiry of the period of 12 weeks referred to in subparagraph (iii), appeal the deemed decision.
(v) Subparagraphs (i) to (iv) shall not apply where there is a requirement under Part X or Part XAB to carry out an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment, in respect of the development relating to which the authority has failed to make a decision.
(vi) Where the planning authority has failed to make a decision in relation to development where an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment is required within the first period and becomes aware, whether through notification by the applicant or otherwise, that it has so failed—
(I) the authority shall proceed to make the decision notwithstanding that the first period has expired,
(II) where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant,
(III) provided that no notice under paragraph (b) or (c) was served on the applicant prior to the expiry of the first period, where a planning authority proceeds to make a decision under clause (I) in relation to an application, it may serve notice on the applicant, requiring the applicant to give to the authority further information or to produce evidence in respect of the application under paragraph (b) or (c), and paragraph (b) or (c) shall apply to such notice subject to any necessary modifications,
(IV) subject to service of a notice under paragraph (b) or (c) in accordance with clause (III), where a planning authority fails to make a decision before the expiry of the period of 12 weeks beginning on the day immediately after the day on which the first period expires, the authority shall, subject to clause (V), pay the appropriate sum to the applicant, and shall pay a further such sum to the applicant where it fails to make a decision before the expiry of each subsequent period of 12 weeks beginning immediately after the preceding 12 week period,
(V) not more than 5 payments of the appropriate sum shall be made by a planning authority to an applicant in respect of the failure by the authority to make a decision in relation to an application,
(VI) where a planning authority makes a decision in relation to an application more than one year after the expiration of the first period the authority, before making the decision—
(A) notwithstanding that notice has been previously published in relation to the application, shall require the applicant to publish additional such notice concerning the planning application in accordance with the permission regulations (and the planning authority shall refund the costs of so publishing to the applicant),
(B) notwithstanding that notice of the application has previously been given to prescribed bodies, shall give additional such notice in accordance with the permission regulations, and
(C) notwithstanding anything contained in paragraph (b) or (c), or that the authority has previously been given further information or evidence under those paragraphs may require the applicant to give to the authority further information or to produce evidence in respect of the application as the authority requires and paragraph (b) or (c), as appropriate, shall apply to such additional request subject to any necessary modifications,
and the planning authority shall consider any submissions made in accordance with the Regulations following on such additional notices, or additional further information or evidence produced under this clause.
(vii) Any payment or refund due to be paid under this paragraph shall be paid as soon as may be and in any event not later than 4 weeks after it becomes due.
(viii) In this paragraph, “appropriate sum” means a sum which is equal to the lesser amount of 3 times the prescribed fee paid by the applicant to the planning authority in respect of his or her application for permission or €10,000.]
(9) Where, within the period of 8 weeks beginning on the date of receipt by the planning authority of the application, the applicant for a permission under this section gives to the planning authority in writing his or her consent to the extension of the period for making a decision under subsection (8), the period for making the decision shall be extended for the period consented to by the applicant.
(10) (a) F348[Subject to paragraph (c) and without prejudice to section 172(1I), a decision] given under this section or section 37 and the notification of the decision shall state the main reasons and considerations on which the decision is based, and where conditions are imposed in relation to the grant of any permission the decision shall state the main reasons for the imposition of any such conditions, provided that where a condition imposed is a condition described in subsection (4), a reference to the paragraph of subsection (4) in which the condition is described shall be sufficient to meet the requirements of this subsection.
(b) Where a decision by a planning authority under this section or by the Board under section 37 to grant or to refuse permission is different, in relation to the granting or refusal of permission, from the recommendation in—
(i) the reports on a planning application to the F349[chief executive] (or such other person delegated to make the decision) in the case of a planning authority, or
(ii) a report of a person assigned to report on an appeal on behalf of the Board,
a statement under paragraph (a) shall indicate the main reasons for not accepting the recommendation in the report or reports to grant or refuse permission.
F350[(c) Where, in the case of an application for planning permission accompanied by an environmental impact assessment report, a decision by a planning authority under this section or by the Board under section 37, as the case may be—
(i) to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report) in relation to the grant of permission is materially different, in relation to the terms of such condition, from the recommendation in—
(I) the reports on a planning application to the chief executive (or such other person delegated to make the decision) in the case of a planning authority, or
(II) a report of a person assigned to report on an appeal on behalf of the Board,
as the case may be, a statement under paragraph (a) shall indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the reports or report in relation to such condition referred to in clause (I) or (II), as the case may be,
(ii) to grant, subject to or without conditions, permission, such permission shall include or refer to a statement that the planning authority or the Board, as the case may be, is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, and
(iii) shall include a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.]
(11) (a) Where the planning authority decides under this section to grant a permission—
(i) in case no appeal is taken against the decision, it shall make the grant as soon as may be after the expiration of the period for the taking of an appeal,
(ii) in case an appeal or appeals is or are taken against the decision, it shall not make the grant unless, as regards the appeal or, as may be appropriate, each of the appeals—
(I) it is withdrawn, or
(II) it is dismissed by the Board pursuant to section 133 or 138, or
(III) in relation to it a direction is given to the authority by the Board pursuant to section 139, and, in the case of the withdrawal or dismissal of an appeal or of all such appeals, as may be appropriate, it shall make the grant as soon as may be after such withdrawal or dismissal and, in the case of such a direction, it shall make the grant, in accordance with the direction, as soon as may be after the giving by the Board of the direction.
(b) Where the Board decides on appeal under section 37 to grant a permission, it shall make the grant as soon as may be after the decision.
F333[(12) A planning authority shall refuse to consider an application to retain unauthorised development of land where the authority decides that if an application for permission had been made in respect of the development concerned before it was commenced the application would have required that one or more than one of the following was carried out—
(a) an environmental impact assessment,
(b) a determination as to whether an environmental impact assessment is required, or
(c) an appropriate assessment.
(12A) For the purposes of subsection (12), if an application for permission had been made in respect of the following development before it was commenced, the application shall be deemed not to have required a determination referred to at subsection (12)(b):
(a) development within the curtilage of a dwelling house, for any purpose incidental to the enjoyment of the dwelling house as a dwelling house;
(b) modifications to the exterior of a building.
(12B) Where a planning authority refuses to consider an application for permission under subsection (12) it shall return the application to the applicant, together with any fee received from the applicant in respect of the application, and shall give reasons for its decision to the applicant.
(12C) Subject to subsections (12) and (12A), an application for development of land in accordance with the permission regulations may be made for the retention of unauthorised development, and this section shall apply to such an application, subject to any necessary modifications.]
(13) A person shall not be entitled solely by reason of a permission under this section to carry out any development.
Annotations
Amendments:
F322
Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 10(a).
F323
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 2, in effect as per reg. 2(1).
F324
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 5(a), (b), S.I. No. 715 of 2021.
F325
Inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (61/2015), s. 3(a)-(e), commenced on enactment.
F326
Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(1), S.I. No. 436 of 2018.
F327
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(1), (5)(a), (b), S.I. No. 436 of 2018.
F328
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 61, S.I. No. 393 of 2004.
F329
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(2), (3), S.I. No. 436 of 2018.
F330
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(2), S.I. No. 436 of 2018.
F331
Substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 8(1), S.I. No. 525 of 2006.
F332
Substituted (17.12.2021) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(4), S.I. No. 714 of 2021.
F333
Substituted (23.03.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 23(a)(i)-(iii) and (c), S.I. No. 132 of 2011.
F334
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 72, S.I. No. 214 of 2014.
F335
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(5)(c), S.I. No. 133 of 2019, art. 2(c).
F336
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 73, 74, S.I. No. 214 of 2014.
F337
Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 23(b)(i), S.I. No. 475 of 2011.
F338
Substituted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 5(c), S.I. No. 715 of 2021.
F339
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table item ref. no. 3, in effect as per reg. 2(1).
F340
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 5.
F341
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 4, in effect as per reg. 2(1).
F342
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 5, in effect as per reg. 2(1).
F343
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 6, in effect as per reg. 2(1).
F344
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 7, in effect as per reg. 2(1).
F345
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 8(a)(i), in effect as per reg. 2(1).
F346
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 8(a)(ii), in effect as per reg. 2(1).
F347
Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 23(b)(ii), S.I. No. 475 of 2011.
F348
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 8(b)(i), in effect as per reg. 2(1).
F349
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 23(6), S.I. No. 436 of 2018.
F350
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 8(b)(ii), in effect as per reg. 2(1).
F351
Inserted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(c), not commenced as of date of revision.
F352
Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 12(a), not commenced as of date of revision.
F353
Substituted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 12(b), not commenced as of date of revision, subject to transitional provision in s. 41(8), not commenced as of date of revision.
F354
Substituted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 12(c), not commenced as of date of revision, subject to transitional provision in s. 41(8), not commenced as of date of revision.
Modifications (not altering text):
C51
Prospective affecting provision: subs. (2)(ca) inserted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(c), not commenced as of date of revision.
F351[(ca) Where an application under this section relates to development which comprises or is for the purposes of an activity for which an abstraction licence is required, a planning authority shall take into consideration that the control of abstractions is a function of the Environmental Protection Agency.]
C52
Prospective affecting provision: subs. (4A) inserted, subs. (12) substituted and subs. (12A) amended by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 12(a)-(c), not commenced as of date of revision.
F352[(4A) Notwithstanding subsection (1), where a planning authority grants permission for a development on foot of an application accompanied by an opinion provided by the planning authority under section 32I(2) 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—
(a) the actual detail of the development to fall within specified options, parameters or a combination of options and parameters, and
(b) 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.]
…
F353[(12) A planning authority shall refuse to consider an application to retain unauthorised development of land where it decides that either or both of the following was required or is required in respect of the development:
(a) an environmental impact assessment;
(b) an appropriate assessment.]
(12A) For the purposes of subsection (12), F354[an application in respect of the following development shall be deemed not to have required, and not to require, a determination as to whether an environmental impact assessment is required]:
…
C53
Application of section restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 10(5)(a), S.I. No. 270 of 2017.
Supplemental provisions to section 9
10. …
(5)(a) No permission under section 34 of the Act of 2000 shall be required for any development in respect of which approval has been granted under section 9.
…
C54
Certain functions transferred to Cork City Council as a result of the Cork City and Council areas boundary alteration (31.01.2019) by Local Government Act 2019 (1/2019), s. 31, S.I. No. 20 of 2019.
Planning applications and development contribution schemes
31. (1) For the purposes of the Act of 2000 or any instrument under that Act and subject to subsection (2), the county council shall, after the transfer day, be the planning authority in relation to any planning application made before the transfer day in respect of development or proposed development in the relevant area.
(2) (a) Subject to paragraph (b), the functions of a planning authority under the Act of 2000 shall, as respects—
(i) a decision under section 34 of that Act, or
(ii) a determination under section 37 of that Act,
made before the transfer day in relation to development or proposed development in the relevant area, be performable from that day by the city council.
(3) Any contribution—
(a) paid before the transfer day in accordance with section 49 of the Act of 2000 for the purpose of any public infrastructure service or project in the relevant area, and
(b) vested in the city council under Part 2,
shall be expended by the city council for that purpose.
(4) Any development contribution scheme under section 48 of the Act of 2000 or supplementary development contribution scheme under section 49 of that Act made by the city council shall, from the transfer day, apply to the relevant area as it applies to the rest of the functional area of the city council.
…
C55
Effect of grant of permission under section clarified (24.12.2015) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), section 28(2), commenced on enactment.
Applications under section 34 of Act of 2000
28. (1) Where a development to which a certificate relates was substantially commenced or at a more advanced stage of completion on the dissolution day, but was not completed on that date, an application may be made to the Council for permission under section 34 of the Act of 2000 for so much of the development as was not completed on that date.
(2) Where a permission is granted under section 34 of the Act of 2000 in respect of a development in relation to which an application was made under subsection (1), without prejudice to anything validly done in accordance with the certificate concerned prior to the grant of permission, that grant of permission shall have effect, and the certificate shall cease to have effect, in respect of so much of the development as was not completed on the dissolution day.
C56
Construction of reference to ‘planning authority’ under subs. (4)(m) extended (31.12.2007) by Water Services Act 2007 (30/2007), s. 55(5)(b), S.I. No. 846 of 2007.
Connection to a water supply.
55. — …
(5) …
(b) For the purposes of the application of section 34(4)(m) of the Act of 2000 to this subsection, a reference to a planning authority shall be deemed to include a reference to a water services authority.
…
C57
Construction of reference to ‘planning authority’ under subs. (4)(m) extended (31.12.2007) by Water Services Act 2007 (30/2007), s. 61(6)(b), S.I. No. 846 of 2007.
Waste water connections.
61. — …
(6) …
(b) For the purposes of the application of section 34(4)(m) of the Act of 2000 to this subsection, a reference to a planning authority shall be deemed to include a reference to a water services authority.
…
C58
Application of section restricted and matters to be considered provided (27.09.2007) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), regs. 41(1) and 43(1).
Limitation of Act of 2000
41. (1) Subject to Regulation 42(2), and notwithstanding sections 34, 37, 37E, 175 and 226 of the Act of 2000, or any other provision of that Act, where, under these Regulations, an authorisation has been granted in respect of a waste water discharge from a waste water works—
(a) a planning authority, or An Bord Pleanála, where it decides to grant a permission under section 34, 37 or 37E on appeal or otherwise, as the case may be, of the said Act, or
(b) An Bord Pleanála, where it decides to grant an approval under section 175 or 226 of the said Act,
in respect of a proposed development that involves a waste water discharge from a waste water works, shall not subject the permission or approval, as the case may be, to conditions which are for the purposes of controlling the waste water discharge.
(2) Where a permission or approval under the Act of 2000 has been subjected to conditions, other than conditions as referred to in paragraph (3)(b), that are for the purposes of controlling discharges from a development as described in paragraph (1), those conditions shall cease to have effect upon the granting of an authorisation under these Regulations in respect of the waste water discharges concerned.
…
Consideration of proposals by planning authorities and An Bord Pleanála
43. (1) Where a planning authority or An Bord Pleanála is considering an application for permission, an appeal or an application for approval under section 34, 37, 37E, 175 or 226 of the Act of 2000 for development being development which involves the disposal of waste water to a waste water works, or is considering such a development under section 179 of the Act of 2000, the planning authority or the Board, as the case may be, shall consider whether the discharge of waste water from the proposed development, in conjunction with existing discharges to the receiving waters, would cause non-compliance with the combined approach or, in situations where there is existing non-compliance, would result in a significant breach of the combined approach.
…
C59
Application of subs. (8) restricted (11.07.2007) by Roads Act 2007 (34/2007), s. 8(4), commenced on enactment.
Declaration of motorways.
8. — …
(4) Notwithstanding any other enactment, neither a planning authority or An Bord Pleanála shall decide to grant or grant planning permission nor shall a decision by such be regarded as having been given under section 34(8) of the Planning and Development Act 2000 in respect of the developments referred to in section 46 of the Principal Act in respect of a national road or a proposed road development for the construction of a national road declared to be a motorway under subsection (1).
C60
Planning authority enabled to attach conditions to certain applications under section as provided (7.12.2005) by European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005 (S.I. No. 787 of 2005), reg. 5.
5. A planning authority shall, where granting permission for a development in accordance with section 34 of the Act of 2000 consisting of the provision of a waste water treatment plant, attach such conditions to the permission as may be in the opinion of the authority and having regard to the function of the Agency under Article 4 of these Regulations, necessary to ensure that the plant is so operated and maintained as to ensure that it avoids causing nuisance through odours or noise.
C61
Application of section restricted by Environmental Protection Agency Act 1992 (7/1992), s. 99F(1) and (9) as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004 and as amended (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 79, S.I. No. 475 of 2011.
Appliction of other Acts.
99F.—(1) Notwithstanding section 34 of the Act of 2000, or any other provision of that Act, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 [or substitute consent, within the meaning of section 177A], of that Act in respect of any development comprising or for the purposes of the activity, subject the permission to conditions which are for the purposes of—
(a) controlling emissions from the operation of the activity, including the prevention, elimination, limitation, abatement, or reduction of those emissions, or
(b) controlling emissions related to or following the cessation of the operation of the activity.
…
(9) Without prejudice to the preceding subsections, where a licence or revised licence under this Part is granted in relation to an activity and—
(a) a permission under section 34 of the Act of 2000, or
…
has been granted in respect of the same activity or in relation to development for the purposes of it, any conditions attached to that permission or contained in that lease, as the case may be, shall, so far as they are for the purposes of the prevention, elimination, limitation, abatement or reduction of emissions to the environment, cease to have effect.
C62
Application of subss. (6) and (8) restricted by Waste Management Act 1996 (10/1996), s. 22(10B) as inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 4, commenced on enactment.
Waste management plans.
22.— …
(10B) (a) Where a planning authority proposes to grant permission under Part III of the Planning and Development Act, 2000, for development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the authority’s functional area, but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to that area, the manager shall—
(i) publish notice of the intention of the authority to grant the permission in one or more newspapers circulating in that area,
(ii) give a copy of the notice to the applicant for permission and to any person who has made a submission or observation in writing in relation to the development to which the application relates in accordance with any regulations made under the Planning and Development Act, 2000.
(b) Any submission or observation in writing in relation to the making of a decision to grant the permission concerned which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.
(c) Following consideration of any submissions or observations received in accordance with paragraph (b), the manager of the planning authority may, subject to, and in accordance with, the provisions of the Planning and Development Act, 2000 (apart from the amendments of them effected by this section), decide to grant the permission, with or without conditions, or to refuse the permission.
(d) Section 34(6) of the Planning and Development Act, 2000, shall not apply to applications for permission referred to in paragraph (a).
(e) Notwithstanding section 34(8) of the Planning and Development Act, 2000, where a notice referred to in paragraph (a) is published in relation to an application for permission for development, the manager of the planning authority concerned shall make his or her decision in relation to the application within the period of 8 weeks beginning on the day on which the notice is first published.
…
Editorial Notes:
E166
In subs. (10), the replacement of “manager” by “chief executive” (above) is duplicated (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 50, S.I. No. 436 of 2018.
E167
Approving a proposal of the chief executive to grant permission for the development of land which would contravene materially the development plan or local area plan under section is a reserved function of local authorities or municipal district members as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 2 ref. 11 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.
E168
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).
E169
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E170
Previous affecting provision: subs. (5) amended (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 8(2), S.I. No. 525 of 2006; subs. (5) substituted (17.12.2021) as per F-note above.
E171
Previous affecting provision: subs. (7) amended(1.01.2002) by Local Government Act 2001 (37/2001), s. 5(3) and sch. 4, S.I. No. 588 of 2001; deleted as per F-note above.
E172
Previous affecting provision: subs. (7)(c) amended (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(3) and sch. 4, S.I. No. 588 of 2001; deleted as per F-note above.
F355[
Interpretation – sections 34B, 34C, 37R and 37S
34A. (1) Section 2 (other than section 2 (3) (b)) of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall apply to the interpretation of this section and sections 34B, 34C, 37R and 37S, paragraph 20C of the Fourth Schedule, and paragraph 17A of the Fifth Schedule, as such section 2 applies to the interpretation of that Act.
(2) In sections 34B and 34C, “noise mitigation measures” includes land-use planning and management measures, measures to reduce noise at source and noise abatement operational measures (other than operating restrictions) that do not restrict the capacity of the airport.]
Annotations
Amendments:
F355
Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 11, S.I. No. 403 of 2019.
F356[]
Supplementary provisions relating to proposed development at Dublin Airport
34B. (1)(a)(i) Where the planning authority receives an application under section 34 for development at the airport, it shall, as soon as is practicable after such receipt—
(I) give a copy of the application to the competent authority, and
(II) enter into consultations with the competent authority for the purposes of giving such assistance as the competent authority may require in order to enable the competent authority, within 4 weeks of the competent authority receiving such copy, to either form the opinion referred to in subparagraph (iii) or to conclude that it is not of that opinion.
(ii) The competent authority shall, where it concludes that it is not of the opinion referred to in subparagraph (iii), as soon as is practicable after it so concludes, give notice in writing of that conclusion to the planning authority.
(iii) The following provisions of this section apply where the competent authority, in considering the application, forms the opinion that the development—
(I) contains a proposal requiring the assessment for the need for a noise-related action, or
(II) indicates that a new operating restriction may be required.
(b) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to the performance by the competent authority of its functions under this section.
(c) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions referred to in this section as those subsections apply to measures and restrictions referred to in those subsections.
(2) The competent authority shall, as soon as is practicable after it forms the opinion referred to in subsection (1)(a)(iii), give notice in writing to the planning authority of that opinion and the planning authority shall, as soon as is practicable after receiving the notice, consult with the competent authority in relation to, as appropriate, one or more of the following matters:
(a) any aspect of the development relating to noise that may arise in the operation of the development if it is carried out (including any such aspect relating to appropriate assessment or environmental impact assessment);
(b) any noise problem that would arise from the carrying out of the development as proposed, taking account of any noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the application and any further information subsequently sought by the relevant authority from the applicant in relation to those matters and given by the applicant to the planning authority and the competent authority;
(c) where a noise problem would arise from the carrying out of the development as proposed—
(i) any information on the application of the Balanced Approach to the consideration of the inclusion of noise mitigation measures or operating restrictions (if any), or any combination thereof, in the application and any further information subsequently sought by the relevant authority from the applicant in relation to those matters and given by the applicant to the planning authority and the competent authority,
(ii) whether noise mitigation measures or operating restrictions (if any), or any combination thereof, not proposed in the application are or is required and any information or plans subsequently sought by the relevant authority from the applicant in relation to such measures or restrictions, or combination thereof, as the case may be, and given by the applicant to the planning authority and the competent authority,
(iii) any information subsequently sought by the relevant authority from the applicant in relation to the application of the Balanced Approach to the noise mitigation measures or operating restrictions, or combination thereof, referred to in subparagraph (ii) and given by the applicant to the planning authority and the competent authority, and
(iv) subject to subsection (4), whether permission could, in so far as noise-related issues are concerned, be granted for the development subject to conditions specified by the competent authority relating to noise mitigation measures or operating restrictions (if any), or any combination thereof.
(3) (a) In subsection (2) and paragraph (b), ‘relevant authority’ means the planning authority or the competent authority.
(b) Where the applicant gives any information or plans referred to in subsection (2) to one relevant authority, the applicant shall, on the same date (or as soon as is practicable thereafter), give copies of such information or plans, as the case may be, to the other relevant authority.
(4) Notwithstanding any other provision of this Act, the planning authority shall neither decide to refuse permission for the development nor decide to grant such permission subject to or without conditions until it receives a notice under subsection (5) or (14)(a)(ii) from the competent authority in respect of the application.
(5) (a) Paragraph (b) applies where the competent authority is satisfied that permission should not be granted for the development for the reason that inadequate provision has been made in the application (or in any plans or further information, or both, subsequently given by the applicant to the planning authority and the competent authority) to deal with the noise problem that would arise from the carrying out of the development as proposed.
(b) The competent authority shall, as soon as is practicable after it is so satisfied, give a notice in writing to the planning authority, stating the competent authority’s reasons why it is so satisfied, and directing the planning authority to refuse permission for the development.
(c) The planning authority shall comply with a direction given to it under paragraph (b) as soon as is practicable after it receives the notice concerned referred to in that paragraph and shall incorporate such notice in its decision to refuse permission for the development.
(d) Notwithstanding that a refusal referred to in paragraph (c) arises from a direction given by the competent authority to the planning authority, such refusal and the reasons for it shall, for the purposes of section 37 as read with section 37S, be treated as the decision, or part of the decision, as appropriate, of the planning authority on the application, and the other provisions of this Act shall be construed accordingly.
(6) Subsection (7) applies where the competent authority has applied the Balanced Approach to the noise problem referred to in subsection (2) and, in accordance with the Balanced Approach, assessed the noise mitigation measures or operating restrictions (if any), or any combination thereof, that may be required to be introduced as part of the development, and whether or not such measures or restrictions, or combination thereof, as the case may be, are or is in addition to, or in replacement of, one or more—
(a) noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the application, or
(b) existing noise mitigation measures or operating restrictions (if any), or any combination thereof.
(7) The competent authority shall, as soon as it is practicable for it to do so, by notice in writing given to the applicant and copied to the planning authority—
(a) inform the applicant of the noise mitigation measures or operating restrictions (if any), or combination thereof, proposed to be required in a decision (if any) to grant permission for the development and its reasons for so proposing, and
(b) stating that the applicant may, within the period specified in the notice (being a period of not less than 4 weeks), make submissions or observations on such noise mitigation measures or operating restrictions (if any), or combination thereof, as the case may be, and on such reasons, including counterproposals, by notice in writing given to the competent authority and copied to the planning authority.
(8) The competent authority shall apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant before the expiration of the period specified in the notice under subsection (7) concerned.
(9) Subject to subsection (10), the competent authority shall, as soon as is practicable after it complies with subsection (7) and, if applicable, subsection (8) and (at its discretion) having consulted with the applicant or any other person that it wishes to, in accordance with the Aircraft Noise Regulation and the Aircraft Noise (Dublin Airport) Regulation Act 2019, make, and publish on its website, a draft regulatory decision—
(i) on the noise mitigation measures or operating restrictions (if any), or combination thereof, that it proposes to direct the planning authority to include as conditions of the planning authority’s decision (if any) to grant permission for the development, or
(ii) that no such conditions are required to be included in the planning authority’s decision (if any) to grant permission for the development.
(10) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the competent authority’s reasons for such decision and include therein, as appropriate:
(a) a summary of the data examined (including any data relating to appropriate assessment or environmental impact assessment);
(b) the noise abatement objective;
(c) the measures considered to address any noise problem;
(d) an evaluation of the cost-effectiveness of the various measures considered;
(e) the application of the Balanced Approach;
(f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered;
(g) particulars of any proposed noise mitigation measures and operating restrictions (if any) to be introduced;
(h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any);
(i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any) to be introduced;
(j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i).
(11) The competent authority shall, as soon as is practicable after it complies with subsections (9) and (10), publish, in a national newspaper, a notice—
(a) stating that the competent authority has—
(i) made a draft regulatory decision under subsection (9), and
(ii) prepared the related report under subsection (10),
(b) stating particulars of how persons may view or otherwise have access to the draft regulatory decision and related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours),
(c) inviting persons to make submissions or observations in writing (and to provide a return address with such submissions or observations) in the specified form (if any) on the draft regulatory decision or related report, or both, before the expiration of 14 weeks beginning on the date of publication of the notice in the national newspaper, and
(d) stating particulars of the addresses (which shall include an electronic address) to which such submissions or observations may be sent.
(12) (a) The competent authority shall, as soon as is practicable after it complies with subsections (9) and (10), give each of the applicant, the airport authority and the planning authority copies of the draft regulatory decision that it made under subsection (9) and the related report that it prepared under subsection (10).
(b) For the avoidance of doubt, it is hereby declared that the applicant, the airport authority and the planning authority may each make submissions or observations referred to in subsection (11)(c) in accordance with that subsection.
(13) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in subsection (11)(c) and having regard to the submissions and observations (if any) referred to in that subsection received by it within such 14 weeks—
(a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (9) without any amendments or with such amendments as it considers appropriate, and
(b) revise the related report prepared under subsection (11) to take into account such submissions and observations (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision.
(14) The competent authority shall—
(a) as soon as is practicable after it complies with subsection (13)—
(i) publish on its website the regulatory decision it has adopted under subsection (13)(a) and the related report it has revised under subsection (13)(b), and
(ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published), to the applicant, the airport authority, the planning authority, the elected members of FCC, the elected members of Dáil Éireann in whose constituencies the airport is located and the return addresses of the persons who have made submissions or observations referred to in subsection (11)(c) in accordance with that subsection on the draft regulatory decision or related report concerned,
and
(b) as soon as is practicable after it complies with paragraph (a)(i), publish, in a national newspaper, a notice stating—
(i) that the competent authority has adopted a regulatory decision under subsection (13)(a),
(ii) that the competent authority has revised the related report under subsection (13)(b),
(iii) particulars of how persons may view or otherwise have access to such regulatory decision and such related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours), and
(iv) that a right of appeal to the Board against the regulatory decision exists under section 37 as read with section 37R.
(15) (a) The planning authority shall incorporate the competent authority’s regulatory decision under subsection (13)(a), the subject of the notice given to the planning authority under subsection (14)(a)(ii), and the competent authority’s reasons for such decision in the planning authority’s decision on the application and shall do so regardless of whether the planning authority’s decision is to refuse permission for the development or to grant permission for the development.
(b) Notwithstanding that a regulatory decision referred to in paragraph (a) is made by the competent authority, such decision and the reasons for it shall, for the purposes of section 37 as read with section 37R, be treated as the decision, or part of the decision, as appropriate, of the planning authority on the application, and the other provisions of this Act shall be construed accordingly.
(c) The planning authority shall make its decision on the application as soon as is practicable after it receives, pursuant to subsection (14)(a)(ii), a copy of the competent authority’s regulatory decision under subsection (13)(a).
(16) Subject to subsection (17), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under subsection (13)(a) shall—
(a) if no appeal under section 37 as read with section 37R is made, within the appropriate period referred to in section 37(1), against the planning authority’s decision on the application, come into effect on the expiration of such appropriate period, and
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.
(17) The competent authority may, by notice published on its website on the same date as the regulatory decision adopted under subsection (13)(a) is, pursuant to subsection (14)(a), also so published—
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and
(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.
(18) Subject to section 26 (b) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under subsection (13)(a), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.
(19) Subject to subsection (20), an operating restriction referred to in subsection (18) shall—
(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.
(20) The competent authority may, by notice published on its website at any time before the day first-mentioned in subsection (19)(a)—
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (18), and
(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.
(21) Subsection (6) of section 34 shall not apply where the competent authority forms the opinion that a noise problem that would arise from the carrying out of the development as proposed would contravene materially the development plan or local area plan.]
Annotations
Amendments:
F356
Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 11, S.I. No. 403 of 2019.
F357[
Supplementary provisions relating to operating restriction included in planning permission
34C. (1) (a) The person in whose favour a relevant permission operates may, by virtue of this subsection and notwithstanding any other provision of this Act (including section 34), make an application under section 34 to the planning authority where the application is only for a relevant action to be taken.
(b) Section 34 and the other provisions of this Act shall be read with all necessary modifications to take account of the relevant application.
(c) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions referred to in this section as those subsections apply to measures and restrictions referred to in those subsections.
(2) The planning authority shall give the competent authority a copy of the relevant application and consult with the competent authority in relation to, as appropriate, one or more of the following matters:
(a) any noise problem that would arise from taking the relevant action as proposed (including any implications that would arise therefrom in relation to appropriate assessment or environmental impact assessment matters) and any further information subsequently sought by the relevant authority from the applicant in relation to such action and given by the applicant to the planning authority and the competent authority;
(b) where a noise problem would arise from taking the relevant action as proposed—
(i) any information in the relevant application on the application of the Balanced Approach to the relevant action and any further information or plans subsequently sought by the relevant authority from the applicant in relation to the relevant action or Balanced Approach and given by the applicant to the planning authority and the competent authority,
(ii) whether noise mitigation measures or operating restrictions (if any), or any combination thereof, not proposed in the relevant application are or is required and any information or plans subsequently sought by the relevant authority from the applicant in relation to such measures or restrictions, or combination thereof, as the case may be, and given by the applicant to the planning authority and the competent authority,
(iii) any information subsequently sought by the relevant authority from the applicant in relation to the application of the Balanced Approach to the noise mitigation measures or operating restrictions, or combination thereof, referred to in subparagraph (ii) and given by the applicant to the planning authority and the competent authority, and
(iv) subject to subsection (4), whether permission could be granted for the taking of the relevant action subject to conditions specified by the competent authority relating to noise mitigation measures or operating restrictions (if any), or any combination thereof.
(3) (a) In subsection (2) and paragraph (b), ‘relevant authority’ means the planning authority or the competent authority.
(b) Where the applicant gives any information or plans referred to in subsection (2) to one relevant authority, it shall, on the same date (or as soon as is practicable thereafter), give copies of such information or plans, as the case may be, to the other relevant authority.
(4) Where this section applies and notwithstanding any other provision of this Act, the planning authority shall neither decide to refuse the relevant application nor grant the relevant application subject to or without conditions until it receives a notice under subsection (5) or (15)(a)(ii) from the competent authority in respect of the relevant application.
(5) (a) Paragraph (b) applies where the competent authority is satisfied that permission should not be granted for the relevant application for the reason that inadequate provision has been made in the application (or in any plans or further information, or both, subsequently given by the applicant to the planning authority and the competent authority) to deal with the noise problem that would arise from the carrying out of the relevant action as proposed.
(b) The competent authority shall, as soon as is practicable after it is so satisfied, give a notice in writing to the planning authority, stating the competent authority’s reasons why it is so satisfied, and directing the planning authority to refuse the relevant application.
(c) The planning authority shall comply with a direction given to it under paragraph (b) as soon as is practicable after it receives the notice referred to in that paragraph and shall incorporate such notice in its decision to refuse the relevant application.
(d) Notwithstanding that a refusal referred to in paragraph (c) arises from a direction given by the competent authority to the planning authority, such refusal and the reasons for it shall, for the purposes of section 37 as read with section 37S, be treated as the decision of the planning authority on the relevant application, and the other provisions of this Act shall be construed accordingly.
(6) The planning authority shall, in determining the relevant application, consider whether taking the relevant action requires the reconsideration of any other aspect of the relevant permission and, after having consulted with the competent authority, may, in accordance with regulations made under section 33, request and consider further information from the applicant in that regard.
(7) Subsection (8) applies where the competent authority has applied the Balanced Approach to the noise problem referred to in subsection (2) and, in accordance with the Balanced Approach, assessed the noise mitigation measures or operating restrictions (if any), or any combination thereof, that may be required to be introduced, and whether or not such measures or restrictions, or combination thereof, as the case may be, are or is in addition to, or in replacement of, one or more—
(a) noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the relevant action, or
(b) existing noise mitigation measures or operating restrictions, or combination thereof.
(8) The competent authority shall, as soon as it is practicable for it to do so, by notice in writing given to the applicant and copied to the planning authority—
(a) inform the applicant of the noise mitigation measures or operating restrictions (if any), or combination thereof, proposed to be required in a decision (if any) to grant the relevant application and its reasons for so proposing, and
(b) stating that the applicant may, within the period specified in the notice (being a period of not less than 4 weeks), make submissions or observations on such noise mitigation measures or operating restrictions (if any), or combination thereof, as the case may be, and on such reasons, including counterproposals, by notice in writing given to the competent authority and copied to the planning authority.
(9) The competent authority shall apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant before the expiration of the period specified in the notice under subsection (8) concerned.
(10) Subject to subsection (11), the competent authority shall, as soon as is practicable after it complies with subsection (8) and, if applicable, subsection (9) and (at its discretion) having consulted with the applicant or any other person that it wishes to, in accordance with the Aircraft Noise Regulation and the Aircraft Noise (Dublin Airport) Regulation Act 2019, make, and publish on its website, a draft regulatory decision—
(i) on the noise mitigation measures or operating restrictions (if any), or combination thereof, that it proposes to direct the planning authority to include as conditions of the planning authority’s decision (if any) to grant the relevant application, or
(ii) that no such conditions are required to be included in the planning authority’s decision (if any) to grant the relevant application.
(11) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the planning authority’s reasons for such decision and include therein, as appropriate:
(a) a summary of the data examined (including any data relating to appropriate assessment or environmental impact assessment);
(b) the noise abatement objective;
(c) the measures considered to address any noise problem;
(d) an evaluation of the cost-effectiveness of the various measures considered;
(e) the application of the Balanced Approach;
(f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered;
(g) particulars of any proposed noise mitigation measures and operating restrictions (if any);
(h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any);
(i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any);
(j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i).
(12) The competent authority shall, as soon as is practicable after it complies with subsections (10) and (11), publish, in a national newspaper, a notice—
(a) stating that the competent authority has—
(i) made a draft regulatory decision under subsection (10), and
(ii) prepared the related report under subsection (11),
(b) stating particulars of how persons may view or otherwise have access to the draft regulatory decision and related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours),
(c) inviting persons to make submissions or observations in writing (and to provide a return address with such submissions or observations) in the specified form (if any) on the draft regulatory decision or related report, or both, before the expiration of 14 weeks beginning on the date of publication of the notice in the national newspaper, and
(d) stating particulars of the addresses (which shall include an electronic address) to which such submissions or observations may be sent.
(13) (a) The competent authority shall, as soon as is practicable after it complies with subsections (10) and (11), give each of the applicant, the airport authority and the planning authority copies of the draft regulatory decision that it made under subsection (10) and the related report that it prepared under subsection (11).
(b) For the avoidance of doubt, it is hereby declared that the applicant, the airport authority and the planning authority may each make submissions or observations referred to in subsection (12)(c) in accordance with that subsection.
(14) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in subsection (12)(c) and having regard to the submissions and observations (if any) referred to in that subsection received by it within such 14 weeks—
(a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (10) without any amendments or with such amendments as it considers appropriate, and
(b) revise the related report prepared under subsection (11) to take into account such submissions and observations (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision.
(15) The competent authority shall—
(a) as soon as is practicable after it complies with subsection (14)—
(i) publish on its website the regulatory decision it has adopted under subsection (14)(a) and the related report it has revised under subsection (14)(b), and
(ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published), to the applicant, the airport authority, the planning authority, the elected members of FCC, the elected members of Dáil Éireann in whose constituencies the airport is located and the return addresses of the persons who have made submissions or observations referred to in subsection (12)(c) in accordance with that subsection on the draft regulatory decision or related report concerned,
and
(b) as soon as is practicable after it complies with paragraph (a)(i), publish, in a national newspaper, a notice stating—
(i) that the competent authority has adopted a regulatory decision under subsection (14)(a),
(ii) that the competent authority has revised the related report under subsection (14)(b),
(iii) particulars of how persons may view or otherwise have access to such regulatory decision and such related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours), and
(iv) that a right to appeal to the Board against the regulatory decision exists under section 37 as read with section 37R.
(16) (a) The planning authority shall—
(i) incorporate the competent authority’s regulatory decision under subsection (14)(a), the subject of the notice given to the planning authority under subsection (15)(a)(ii), and the competent authority’s reasons for such decision in the planning authority’s decision on the application and shall do so regardless of whether the planning authority’s decision is to refuse the relevant application or to grant the relevant application, and
(ii) notwithstanding any other provision of this Act, if necessary, revoke, revoke and replace, or amend the terms of, a condition of the relevant permission in order to make the relevant permission compatible with that regulatory decision.
(b) Notwithstanding that a regulatory decision referred to in paragraph (a) is a decision made by the competent authority, such decision and the reasons for it shall, for the purposes of section 37 as read with section 37R, be treated as the decision of the planning authority on the relevant application, and the other provisions of this Act shall be construed accordingly.
(c) The planning authority shall make its decision on the application as soon as is practicable after it receives, pursuant to subsection (15)(a)(ii), a copy of the competent authority’s regulatory decision under subsection (14)(a).
(17) Subject to subsection (18), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under subsection (14)(a) shall—
(a) if no appeal under section 37 as read with section 37R is made, within the appropriate period referred to in section 37(1), against the planning authority’s decision on the application, come into effect on the expiration of such appropriate period, and
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.
(18) The competent authority may, by notice published on its website on the same date as the regulatory decision adopted under subsection (14)(a) is, pursuant to subsection (15)(a), also so published—
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and
(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.
(19) Subject to section 26 (b) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under subsection (14)(a), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.
(20) Subject to subsection (21), an operating restriction referred to in subsection (19) shall—
(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.
(21) The competent authority may, by notice published on its website at any time before the day first-mentioned in subsection (20)(a)—
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (19), and
(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.
(22) In this Part, health aspects shall be assessed in accordance with Environmental Noise Directive and the European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018).
(23) In this section—
“relevant action”, in relation to a relevant operating restriction the subject of a relevant application, means—
(a) to revoke the operating restriction,
(b) to amend the terms of the operating restriction in the manner specified in the application,
(c) to replace the operating restriction with the alternative operating restriction specified in the application,
(d) to take an action referred to in paragraph (a), (b) or (c) together with introducing new noise mitigation measures or revoking, revoking and replacing, or amending the terms of, existing noise mitigation measures, or a combination thereof,
(e) if the relevant application relates to 2 or more relevant operating restrictions, to take any combination of any of the actions referred to in paragraphs (a) to (d), or
(f) to take an action referred to in paragraph (a), (b), (c), (d) or (e) together with revoking, revoking and replacing, or amending the terms of, a condition of the relevant permission;
“relevant application” means an application referred to in subsection (1)(a);
“relevant operating restriction”, in relation to a relevant permission, means an operating restriction included in that permission;
“relevant permission” means a permission granted under section 34—
(a) for development at the airport, and
(b) that includes an operating restriction.]
Annotations
Amendments:
F357
Inserted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 11, S.I. No. 403 of 2019.
Refusal of planning permission for past failures to comply.
F358[35.—(1) Where, having regard to—
(a) any information furnished pursuant to regulations made under section 33(2)(l),
(b) any information available to the planning authority concerning development carried out by a person to whom this section applies pursuant to a permission (in this section referred to as a “previous permission”) granted to the applicant or to any other person under this Part or Part IV of the Act of 1963,
(c) any information otherwise available to the planning authority concerning a substantial unauthorised development, or
(d) any information concerning a conviction for an offence under this Act,
the planning authority is satisfied that a person to whom this section applies is not in compliance with a previous permission or with a condition to which the previous permission is subject, has carried out a substantial unauthorised development, or has been convicted of an offence under this Act, the authority may form the opinion—
(i) that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with such permission if granted or with a condition to which such permission if granted would be subject, and
(ii) that accordingly planning permission should not be granted to the applicant concerned in respect of that development. ]
(2) In forming its opinion under subsection (1), the planning authority shall only consider those failures to comply with any previous permission, or with any condition to which that permission is subject, that are of a substantial nature.
(3) An opinion under this subsection shall not be a decision on an application for permission for the purposes of this Part.
F359[F358[(4) If the planning authority considers that there are good grounds for its being able to form the opinion under subsection (1) in relation to an application for permission in respect of the development concerned and, accordingly, to exercise the power under subsection (5) to refuse that permission, it shall serve a notice in writing on the applicant to that effect and that notice shall—
(a) specify the non compliance with a previous permission or condition of a previous permission, substantial unauthorised development, or conviction for an offence under this Act, as the case may be, that the authority intends to take into consideration with regard to the proposed exercise of that power, and
(b) invite the applicant to make submissions to the authority within a period specified in the notice as to why the applicant considers that the authority should not exercise that power (whether because the applicant contends that the views of the authority in relation to the failure to comply by the applicant or any other person to whom this section applies with any previous permission, or any condition to which it is subject, the carrying out of substantial unauthorised development or conviction for an offence under this Act, as the case may be, are incorrect or that there are not good grounds for forming the opinion under subsection (1)).]
(5) If the planning authority, having considered any submissions made to it in accordance with a notice under subsection (4), proceeds to form the opinion under subsection (1) in relation to the application concerned it shall decide to refuse to grant the permission concerned and notify the applicant accordingly.
(6) The applicant may, within 8 weeks from the receipt of that notification, notwithstanding sections 50 and 50A, apply, by motion on notice to the planning authority, to the High Court for an order annulling the planning authority’s decision and, on the hearing of such application, the High Court may, as it considers appropriate, confirm the decision of the authority, annul the decision and direct the authority to consider the applicant’s application for planning permission without reference to the provisions of this section or make such other order as it thinks fit.
(6A) If, in pursuance of subsection (6), the High Court directs the planning authority to consider the applicant’s application for planning permission without reference to the provisions of this section, the planning authority shall make its decision on the application within the period of 8 weeks from the date the order of the High Court in the matter is perfected but this subsection is subject to the provisions of section 34(8) as applied to the foregoing case by subsection (6B).
(6B) For the purposes of the foregoing case the provisions of section 34(8) shall apply with the following modifications:
(a) in paragraph (a) of section 34(8), after “paragraphs (b), (c), (d) and (e)”, there shall be inserted “and section 35(6A)”;
(b) for the reference in paragraph (b) of section 34(8) to “8 weeks of the receipt of a planning application” there shall be substituted “8 weeks of the date the order of the High Court in the matter is perfected”;
(c) in paragraph (f) of section 34(8), after “paragraph (a), (b), (c), (d) or (e)”, there shall be inserted “, the period specified in section 35(6A) or, as the case may be, the period specified in paragraph (b), (c), (d) or (e) as that paragraph is applied by virtue of section 35(6B)”; and
(d) any other necessary modifications.
(6C) No appeal shall lie to the Board from a decision of a planning authority to refuse to grant planning permission under subsection (5).]
(7) In this section, “a person to whom this section applies” means—
(a) the applicant for the permission concerned,
(b) any information available to the planning authority concerning development carried out by a person to whom this section applies pursuant to a permission (in this section referred to as a “previous permission”) granted to the applicant or to any other person under F360[this Part or Chapter III of Part XXI,] or Part IV of the Act of 1963,
F361[(ba) a registered society under the Industrial and Provident Societies Acts 1893 to 2014 that—
(i) carried out a development pursuant to a previous permission,
(ii) carried out a substantial unauthorised development, or
(iii) has been convicted of an offence under this Act,
or, during any period to which subparagraph (i) or (ii) relates or to which any conviction under subparagraph (iii) relates, the registered society was, during that period, controlled by the applicant—
(I) where, pursuant to section 15 of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014, ‘control’ has the same meaning as in section 220(5) of the Companies Act 2014, or
(II) as a shadow director within the meaning of section 2(1) of the Companies Act 2014,]
(c) in the case where the applicant for permission is a company—
(i) the company concerned is related to a company (within the meaning of section 140(5) of the Companies Act, 1990) which F358[carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,] or
(ii) the company concerned is under the same control as a company which carried out a development referred to in subsection (1)(b), where “control” has the same meaning as in section 26(3) of the Companies Act, 1990,
or
(d) a company which F358[carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,] which company is controlled by the applicant—
(i) where “control” has the same meaning as in section 26(3) of the Companies Act, 1990, or
(ii) as a shadow director within the meaning of section 27(1) of the Companies Act, 1990.
Annotations
Amendments:
F358
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 24(a), (b), S.I. No. 477 of 2010.
F359
Substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 9, S.I. No. 525 of 2006.
F360
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 12, S.I. No. 488 of 2022.
F361
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 24, S.I. No. 436 of 2018.
Editorial Notes:
E173
Previous affecting provision: subs. (1)(b) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 24, S.I. No. 477 of 2010; substituted (1.10.2022) as per F-note above.
E174
Previous affecting provision: subs. (4) inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 9, S.I. No. 525 of 2006, substituted as per F-note above.
Outline permission.
36.—(1) An application under section 34 may be made to a planning authority in accordance with the permission regulations for outline permission for the development of land.
(2) Where outline permission is granted under section 34, that permission shall not operate to authorise the carrying out of any development to which the outline permission relates until a subsequent permission has been granted under that section.
(3) (a) Where outline permission has been granted by a planning authority, any subsequent application for permission must be made not later than 3 years beginning on the date of the grant of outline permission, or such longer period, not exceeding 5 years, as may be specified by the planning authority.
(b) The outline permission shall cease to have effect at the end of the period referred to in paragraph (a) unless the subsequent application for permission is made within that period.
(c) Sections 40, 41 and 42 shall not apply to the grant of an outline permission.
(4) Where an application for permission is made to a planning authority consequent on the grant of outline permission, the planning authority shall not refuse to grant permission on the basis of any matter which had been decided in the grant of outline permission, provided that the authority is satisfied that the proposed development is within the terms of the outline permission.
(5) No appeal may be brought to the Board under section 37 against a decision of a planning authority to grant permission consequent on the grant of outline permission in respect of any aspect of the proposed development which was decided in the grant of outline permission.
(6) In this section, “outline permission” means permission granted in principle under section 34 for the development of land subject to a subsequent detailed application for permission under that section.