Special Designations
Strategic Development Zone
The Department of the Environment and Local Government may propose the designation of a strategic development zone. The Department consults with the relevant development agencies, including IDA, Enterprise Ireland, Údarás na Gaeltachta, the relevant local authority and other prescribed bodies.
The order is ultimately made and revoked by the Government. Where in the opinion of the Government, development of a particular type is of economic and social importance to the State, it may order the designation of lands as a strategic development zone.
The order establishing the strategic development zone must specify the agency or agencies involved. It must specify the type of development permissible and the reasons for specifying and designating the development areas concerned. Ancillary development and development required for the purposes of permitted development, infrastructure and other facilities are permissible.
The planning authority has the power to acquire lands for the purpose of the scheme.
Scheme
A planning scheme must be prepared for the zone by the designated development agency. It may be prepared jointly with the relevant landowner. The planning scheme is to set out details of the type of permissible development, its extent, proposals for the overall design, maximum heights, and finishes. It may include transportation proposals, including traffic management and parking. It may make proposals for services, including water, electricity, sewage and telecommunication. It may include proposals for minimising adverse effects on the environment.
Where residential development is included in the scheme, social and affordable housing provision is required in order to implement the housing strategy. The scheme may provide for amenities, facilities and services where residential development is included.
A draft of the scheme is to be prepared after the designation order is made. It is submitted to the planning authority. Once the planning scheme is made and submitted to the authority, the authority must publicise the proposal in newspapers and by a public display. Observations may be made. The Manager prepares a report on the submissions to the elected members.
Approval
The elected members may approve the scheme. If they do not act, it may be deemed approved after a period. The elected members may refuse to approve the scheme. They may vary or modify it.
The decision of the elected members to confirm, reject or vary the scheme may be appealed to Bord Pleanála. The appeal may only be made by the relevant development agency or by persons who made observations or submissions. Bord Pleanála may confirm, refuse to confirm or confirm the scheme subject to conditions.
The planning authority and Bord Pleanála must consider the proper planning and sustainable development of the area, the provisions of the development plan, the housing strategy and any special designations in making the scheme. They must consider the effect the scheme would have on neighbouring land.
Procedures apply to amendment and revocation of the scheme. The development agency must consent to the variation of a planning scheme.
Effect of Scheme
Once a planning scheme applies, permission may only be granted where it is consistent with the scheme. Planning decisions are not subject to Bord Pleanála appeal. In a strategic development zone, the planning authority must grant planning permission for applications where it is satisfied that the development would be consistent with the planning scheme in force.
The planning authority may acquire lands within the zone for the purpose of securing or facilitating sites for the purpose of the zone.
Planning Agreements
The planning authority may enter agreements with landowners for the purpose of facilitating the development of lands. The agreements are binding on the land and on subsequent owners. They are equivalent to a covenant on the title to the land. They may restrict or regulate its development and use. These agreements are registered in the planning register.
A landowner may not be required to enter the agreement as such. However, the planning agreement may be required as a condition of the grant of planning permission. For example, conditions may be imposed requiring that the dwelling be occupied only by particular classes of persons (e.g. those speaking Irish or qualifying on some other basis). The restriction may apply permanently or for a particular period.
The agreement may be entered with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be specified by the agreement, and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the planning authority to be necessary or expedient for the purposes of the agreement.
Enforcement
An agreement made with any person interested in land may be enforced by the planning authority, or any body joined with it, against persons deriving title under that person in respect of that land as if the planning authority or body, as may be appropriate, were possessed of adjacent land, and as if the agreement had been expressed to be made for the benefit of that land.
Nothing in any agreement made restricts the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by the Minister, the Board or the planning authority under the Planning Act, so long as those powers are not exercised so as to contravene the provisions of the development plan materially, or as requiring the exercise of any such powers so as to contravene those provisions materially.
Destruction or Removal
The planning authority has the power to require the removal of structures, discontinue uses, and require the removal of advertisements. This power may be exercised even if the structure’s use or the advertisements are lawful. However, compensation is payable in this latter case.
If the planning authority decides (due to exceptional circumstances) that a structure should be demolished, removed, altered or replaced, or if use is continued, a condition is imposed, it may serve a notice on the owner or occupier. It must invite observations and submissions. It must take account of the observations and submissions in deciding whether to confirm the notice. It must have regard to the development plan and provisions of any special designations.
There is provision for an appeal to An Bord Pleanála against a notice. This must be done within eight weeks. Bord Pleanala may vary, revoke or confirm the order.
The notice is entered on the planning register. Failure to comply with the notice is an offence. It may be subject on a summary conviction of a fine up to €1970 or six months imprisonment or both. It is a continuing offence for each day of non-compliance, with a possible continuing fine of up to €500 per day.
Enforcement
If the required works are not done, the planning authority may undertake the work. It may enter the structure for this purpose.
Compensation is payable if the value of a person’s interest in the land is reduced by reason of the notice or if he suffers damage or disturbance in the enjoyment of land. The authority is to pay expenses reasonably incurred in demolition, removal, alteration and replacement as required by a notice.
Advertising Structure
The planning authority may serve a notice requiring the repair or tidying of an advertising structure. This may be done where it appears in the interest of safety or amenity that the structure should be repaired or tidied. Where an advertising structure is derelict, the planning authority may serve a notice requiring its removal. This requires removal within the designated period.
Quarries
Quarries have long raised unique issues under planning legislation. Questions arise as to whether the intensification of use of pre-1964 quarries required planning permission. On account of uncertainty and the significance in terms of impact on the environment and the economic interests of the owners of the land, special provisions were introduced for the control of quarries in planning legislation.
The owners and occupiers of quarries were required to register with the planning authority and to provide information regarding the extent of the use, traffic generated, hours of quarrying, levels of noise and other matters by the end of April 2005. The planning authority could impose terms and conditions on a quarry, even one operating since prior to 1st October 1964.
Where the quarry is over five hectares or situated on a European site and commenced operations before 1st October 1964, it may be required to obtain planning permission if it is likely to have significant effects on the environment. The planning authority may impose terms and conditions on a quarry, even one operating since prior to 1st October 1964.
The planning authority may change and modify the conditions under an existing planning permission. It may impose additional conditions. There is a right to appeal to Bord Pleanála against the imposition of conditions. The general time limits for enforcement do not apply to quarries.
Compensation may be made where the conditions of an existing planning permission are modified. Certain conditions such as those relating to noise, reinstatement of land and the prevention of emissions, do not qualify for compensation. There is no provision for compensation for quarries, which do not have planning permission.