Council Works
Planning and Development Act
PART XI
Development by Local and State Authorities, etc.
F974[
Restrictions on development by certain local authorities
178. (1) The council of a county shall not effect any development in its functional area which contravenes materially the development plan.
(2) The council of a city shall not effect any development in the city which contravenes materially the development plan.
(3) The council of a city and county shall not effect any development in the city and county which contravenes materially the development plan.]
Annotations
Amendments:
F974
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(3), S.I. No. 214 of 2014.
F975[
Development in maritime area by local authority or State authority
178A. (1) A local authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless—
(a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) it is the owner of land on which it is proposed to carry out the development concerned, or
(c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.
(2) A State authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless—
(a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,
(b) it is the owner of land on which it is proposed to carry out the development concerned, or
(c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.
(3) A coastal planning authority shall not carry out development in the maritime area that materially contravenes the National Planning Framework or any maritime spatial plan applicable to that area.]
Annotations:
Amendments:
F975
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 42, S.I. No. 488 of 2022.
Local authority own development.
179.—(1) (a) The Minister may prescribe a development or a class of development for the purposes of this section where he or she is of the opinion that by reason of the likely size, nature or effect on the surroundings of such development or class of development there should, in relation to any such development or development belonging to such class of development, be compliance with the provisions of this section and regulations under this section.
(b) Where a local authority that is a planning authority proposes to carry out development, or development belonging to a class of development prescribed under paragraph (a) (hereafter in this section referred to as “proposed development”) it shall in relation to the proposed development comply with this section and any regulations under this section.
(c) F976[…]
(d) This section shall also apply to proposed development which is carried out within the functional area of a local authority which is a planning authority, on behalf of, or in partnership with the local authority, pursuant to a contract with the local authority.
(2) The Minister shall make regulations providing for any or all of the following matters:
(a) the publication by a local authority of any specified notice with respect to proposed development;
(b) requiring local authorities to—
(i) (I) notify prescribed authorities of such proposed development or classes of proposed 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;
(c) the making available for inspection, by members of the public, of any specified documents, particulars, plans or other information with respect to proposed development;
(d) the making of submissions or observations to a local authority with respect to proposed development.
(3) F977[(a)(i) The chief executive of a local authority shall, where an application is not made to the Board for a screening determination referred to in article 120(3)(b) of the Planning and Development Regulations 2001, within 8 weeks after the expiration of the period during which submissions or observations with respect to the proposed development may be made, in accordance with regulations under subsection (2), prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.
(ii) The chief executive of a local authority shall, where an application is made to the Board for a screening determination referred to in article 120(3)(b) of the Planning and Development Regulations 2001, within 8 weeks after the making by the Board of a screening determination that an environmental impact assessment is not required in respect of the proposed development, prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.]
(b) A report prepared in accordance with paragraph (a) shall—
(i) describe the nature and extent of the proposed development and the principal features thereof, and shall include an appropriate plan of the development and appropriate map of the relevant area,
(ii) evaluate whether or not the proposed development would be consistent with the proper planning and sustainable development of the area to which the development relates, having regard to the provisions of the development plan and giving the reasons and the considerations for the evaluation,
F978[(iia) include the screening determination on why an environmental impact assessment is not required and specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might have otherwise been significant adverse effects on the environment of the development,]
(iii) list the persons or bodies who made submissions or observations with respect to the proposed development in accordance with the regulations under subsection (2),
(iv) summarise the issues, with respect to the proper planning and sustainable development of the area in which the proposed development would be situated, raised in any such submissions or observations, and give the response of the F979[chief executive] thereto, and
(v) recommend whether or not the proposed development should be proceeded with as proposed, or as varied or modified as recommended in the report, or should not be proceeded with, as the case may be.
F980[(c) A report prepared in accordance with paragraph (a) shall—
(i) in the case of development situated wholly within the maritime area—
(I) contain an evaluation of the consistency of the proposed development with principles of proper planning and sustainable development and the objectives of maritime spatial planning, having regard to the National Planning Framework, the National Marine Planning Framework and any maritime spatial plan applicable to the maritime site in which it is proposed that the development would be carried out, and
(II) specify the reasons and considerations for that evaluation,
and
(ii) in the case of development proposed to be situated partly on the landward side of a coastal planning authority’s functional area and partly in the maritime area—
(I) contain an evaluation referred to in subparagraph (ii) of paragraph (b) and an evaluation of the consistency of the proposed development with principles of proper planning and sustainable development and objectives of maritime spatial planning, having regard to the National Planning Framework, the National Marine Planning Framework and any maritime spatial plan applicable to the maritime site in which it is proposed that the development would be carried out, and
(II) specify the reasons and considerations for those evaluations,
in addition to the matters referred to in subparagraphs (i), (iia), (iii), (iv) and (v) of paragraph (b).]
(4) (a) The members of a local authority shall F981[, within 6 weeks of the receipt of the report of the F979[chief executive],] consider the proposed development and the report of the F979[chief executive] under subsection (3).
(b) Following the consideration of the F979[chief executive’s report] under paragraph (a), the proposed development may be carried out as recommended in the F979[chief executive’s report], unless the local authority, by resolution, decides to vary or modify the development, otherwise than as recommended in the F979[chief executive’s report], or decides not to proceed with the development.
F982[(c) For a resolution to have effect under paragraph (b) —
(i) it has to be passed not later than 6 weeks after the receipt of the F979[chief executive’s report], and
(ii) in the case of a resolution not to proceed with a proposed development, it shall state the reasons for such resolution.]
(5) F983[Sections 138, 139 and 140 of the Local Government Act, 2001,] shall not apply to development under this section.
(6) This section shall not apply to proposed development which—
F984[(a) consists of works of maintenance or repair other than works to a protected structure, or a proposed protected structure, which would materially affect the character of—
(i) the structure, or
(ii) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest,]
(b) is necessary for dealing urgently with any situation which the F979[chief executive] considers is an emergency situation calling for immediate action,
F985[(bb) consists of works, other than works involving road widening, to enhance public bus services or improve facilities for cyclists provided under section 95 (as amended by section 37 of the Road Traffic Act 1994) of the Road Traffic Act 1961 or under section 38 of the Road Traffic Act 1994,]
F986[(c) consists of works which a local authority is required to undertake—
(i) by or under any enactment,
(ii) by or under the law of the European Union, or a provision of any act adopted by an institution of the European Union, or
(iii) by order of a court,
(d) is development in respect of which an F987[environmental impact assessment report] is required under section 175 or under any other enactment, or
(e) is development in respect of which an appropriate assessment is required under section 177AE, or under any other enactment.]
Annotations
Amendments:
F976
Deleted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(h), S.I. No. 458 of 2001.
F977
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 27(a), in effect as per reg. 2(1).
F978
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 27(b), in effect as per reg. 2(1).
F979
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 66-69, S.I. No. 436 of 2018.
F980
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 43, S.I. No. 488 of 2022.
F981
Substituted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 29(b), S.I. No. 270 of 2017.
F982
Substituted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 29(c), S.I. No. 270 of 2017.
F983
Substituted (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(3) and sch. 4, S.I. No. 588 of 2001.
F984
Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 58(a), S.I. No. 405 of 2010.
F985
Inserted (1.01.2011) by Public Transport Regulation Act 2009 (37/2009), s. 46(2), S.I. No. 615 of 2010.
F986
Substituted (15.11.2011) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2011 (S.I. No. 584 of 2011), reg. 6.
F987
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. 83, in effect as per reg. 2(1).
F988
Inserted by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 13, not commenced as of date of revision.
Modifications (not altering text):
Special Provisions
C158
Prospective affecting provision: subs. (1)(a) amended by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 13, not commenced as of date of revision.
179.—(1) (a) The Minister may prescribe a development or a class of development F988[, other than development to which section 179A applies,] for the purposes of this section where he or she is of the opinion that by reason of the likely size, nature or effect on the surroundings of such development or class of development there should, in relation to any such development or development belonging to such class of development, be compliance with the provisions of this section and regulations under this section.
C159
Application of section restricted (7.02.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 33(11), S.I. No. 575 of 2014.
Water services strategic plan.
33.— …
(11) In considering a proposed development under section 179 of the Act of 2000 a local authority shall not decide that the development should not be proceeded with solely on the grounds that the said development is not specifically referred to in the water services strategic plan in force if the authority considers the development will facilitate the achievement of the objectives of the water services strategic plan.
…
C160
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), reg. 41(1) and 43.
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.
…
C161
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.
Editorial Notes:
E376
Power pursuant to subs. (2) exercised (3.07.2017) by Planning and Development (Strategic Housing Development) Regulations 2017 (S.I. No. 271 of 2017), in effect as per reg. 2.
E377
Authorisations or approvals issued to water authorities under section deemed to be issued to Irish Water (30.10.2015) by Water Services (No. 2) Act 2013 (Other Licences, Authorisations and Permits) Order 2015 (S.I. No. 462 of 2015), in effect as per arts. 3 and 4.
E378
Deciding to vary or modify a proposed local authority own development, or deciding not to proceed with the development is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 2 item 15 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E379
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E380
Power pursuant to section exercised (11.03.2002) by Planning and Development Regulations 2002 (S.I. No. 70 of 2002).
E381
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E382
Previous affecting provision: subs. (3)(a) amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 66, not commenced; deleted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 44, in effect as per reg. 1(2).
E383
Previous affecting provision: subs. (3)(a) amended (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 29(a), S.I. No. 270 of 2017, substituted as per F note above.
E384
Previous affecting provision: application of section restricted by Water Services Act 2007 (30/2007), s. 36(5)(b) and (21), not commenced; repealed (1.01.2014) by Water Services (No. 2) Act 2013, s. 4(1), S.I. No. 575 of 2013.
E385
Previous affecting provision: subs. (6)(c) substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 58(b), S.I. No. 405 of 2010; substituted as per F-note above.
F989[Local authority own housing development
179A. …]
Annotations:
Amendments:
F989
Inserted by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, not commenced as of date of revision.
Modifications (not altering text):
C162
Prospective affecting provision: section by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 14, not commenced as of date of revision.
Housing Development
F989[179A. (1) This section applies to housing development—
(a) that is carried out by, on behalf of, or jointly or in partnership with, a local authority pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity,
(b) that does not materially contravene the development plan or local area plan for the area,
(c) that is in accordance with the strategy included in the development plan for the area in accordance with section 94(1),
(d) that is not subject to a requirement, in accordance with the Environmental Impact Assessment Directive, for an assessment with regard to its effects on the environment,
(e) that is not subject to a requirement, in accordance with the Habitats Directive, for an appropriate assessment,
(f) that is on land—
(i) that is owned by a local authority or a State Authority,
(ii) that is zoned for residential use, and
(iii) that has access, or can be connected, to public infrastructure and facilities, including roads and footpaths, public lighting, foul sewer drainage, surface water drainage and water supply, necessary for dwellings to be developed and with sufficient service capacity available for such development,
and
(g) that is commenced on or before 31 December 2024.
(2) Prior to the commencement of development to which this section applies, the chief executive of the local authority shall inform the members of the local authority in relation to the development and shall provide documents, particulars or plans relevant to the development to the members.
(3) The Minister may make regulations providing for any or all of the following matters in respect of development to which this section applies:
(a) the giving of public notice by the local authority in respect of the development;
(b) the publication by a local authority of any specified notice in respect of the development;
(c) the making available for inspection, including by members of the public, of documents, particulars, plans or other information in relation to the development;
(d) notification by the local authority in respect of such development to such bodies as the Minister may prescribe;
(e) the entry of particulars of the development in the register;
(f) procedures for determining, through a case-by-case basis examination or by reference to prescribed thresholds or criteria, whether the development is one which should be made subject in accordance with the Environmental Impact Assessment Directive to a requirement for an assessment with regard to its effects on the environment, the information to be provided for the purposes of such a determination, the basis on which such a determination is to be made, the time for such a determination, the contents of such a determination, and the making available to the public of such a determination;
(g) procedures for determining whether the development is one which should be made subject, in accordance with the Habitats Directive, to an appropriate assessment;
(h) a requirement that local authorities provide the Minister with information regarding developments that have been notified, commenced, and completed, the type of information to be provided and the frequency with which such information is to be provided.
(4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.
(5) In this section—
“housing development” includes—
(a) the construction or erection of a house or houses,
(b) the construction of a new road or the widening or realignment of an existing road, to serve houses referred to in paragraph (a),
(c) the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water, to serve houses referred to in paragraph (a),
(d) the laying underground of sewers, mains, pipes or other apparatus,
(e) the provision of open spaces, recreational and community facilities and amenities and landscaping works to serve houses referred to in paragraph (a), and
(f) the provision of car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure to serve houses referred to in paragraph (a);
“State Authority” means any of the following:
(a) a Minister of the Government;
(b) an Education and Training Board established under the Education and Training Boards Act 2013;
(c) Courts Service;
(d) Digital Hub Development Agency;
(e) Dublin Institute for Advanced Studies;
(f) Enterprise Ireland;
(g) Environmental Protection Agency;
(h) the Garda Síochána;
(i) Health Service Executive;
(j) Housing and Sustainable Communities Agency;
(k) Industrial Development Agency (Ireland);
(l) an Institute of Technology being a college within the meaning of section 2 of the Regional Technical Colleges Act 1992;
(m) Institute of Public Administration;
(n) Prison Service of the Department of Justice which is charged with the management of prisons;
(o) Legal Aid Board;
(p) Marine Institute;
(q) National Archives;
(r) Oberstown Children Detention Campus;
(s) Commissioners of Public Works in Ireland;
(t) Ordnance Survey Ireland;
(u) Sport Ireland;
(v) State Laboratory;
(w) Teagasc – the Agriculture and Food Development Authority;
(x) a technological university established by virtue of an order under section 36 of the Technological Universities Act 2018 ;
(y) An tSeirbhís Oideachais Leanúnaigh agus Scileanna.]