Planning and Development Act 2024

Type Act

Publication 2024-10-17

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 637

(b) the chief executive of the planning authority has not prepared an estimate referred to in subsection (2) on or after 2 September 2021.

(2) Where this section applies, the chief executive of the planning authority shall make an estimate of the amount of housing referred to in—

(a) paragraph (f) of subsection (5) of section 242 required in the area of the development plan during the period of the development plan, and

(b) paragraphs (ii) and (iii) of subsection (10) of section 242 required in the area of the development plan during the period of the development plan.

(3) An estimate under subsection (2)—

(a) may state different requirements for housing for different areas within the area of the development plan, and

(b) shall be deemed to be included in the housing strategy referred to in subsection (1).

Chapter 2

244. Interpretation

244. In this Chapter—

“certificate” has the meaning given to it by subsection (3) of section 254;

“existing use value”, in relation to the value of land on the date permission relating to the land is granted, means the value of the land calculated—

(a) by reference to its use immediately before the permission was granted, and

(b) as if, on and from the date of such grant, it would have been unlawful to carry out development in relation to that land other than exempted development;

“market value”—

(a) in relation to the value of a house on a particular date, means the price that the house would fetch if sold with good marketable title on the open market on that date, and

(b) in relation to the value of land other than a house in respect of which permission is granted, means the price that the land would have fetched if it had been sold with good marketable title on the open market immediately following the grant of the permission;

“net monetary value” means, where permission to which this Chapter applies is granted in relation to land, the market value of the land on the date of the grant less the existing use value of the land on that date;

“owner” means—

(a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the land, or

(b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the land.

245. Application of Chapter

245. (1) Subject to section 254 and subsection (2), and without prejudice to section 98 and, where applicable, Part 9 of the Land Development Agency Act 2021, this Chapter shall apply to an application for permission (and to a grant of permission to which such an application applies, as the case may be) for the development of houses on land, or where an application relates to a mixture of developments, to that part of the application relating to the development of houses on such land.

(2) This Chapter shall not apply to applications for permission for—

(a) the development of holiday homes,

(b) development consisting of the provision of cost rental housing or houses by an approved housing body, for the provision of housing required for households assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support, where all houses in the development are to be made available for letting or sale,

(c) the conversion of an existing building or the reconstruction of a building to create one or more dwellings where 50 per cent or more of the existing external fabric of the building is retained,

(d) the carrying out of works to an existing house,

(e) the development of houses pursuant to an agreement under this Chapter, or

(f) the development of student accommodation.

246. A planning authority, or the Commission on appeal, shall require as a condition of a grant of permission that the applicant, or any other person with an interest in the land to which the application relates, enter into an agreement under this Chapter with the planning authority prior to the lodgement of a commencement notice within the meaning of Part II of the Building Control Regulations 1997.

247. Agreement relating to transfers to planning authority

247. (1) Subject to subsections (2), (10) and (12), an agreement under this Chapter shall provide for the transfer to the planning authority, with good marketable title, of the ownership of 20 per cent of the land that is subject to the application for permission for the provision of housing referred to in paragraphs (i), (ii) and (iii) of subsection (10) of section 242.

(2) Instead of the transfer of land referred to in subsection (1), an agreement under this Chapter may provide for—

(a) the building and transfer, on completion, to the ownership of the planning authority, or to the ownership of persons nominated by the authority, in accordance with this Part, of such number and description of houses on the land which is subject to the application for permission as may be specified in the agreement,

(b) the transfer to the ownership of the planning authority, or to the ownership of persons nominated by the authority, in accordance with this Part, of houses of such number and description as may be specified in the agreement on any other land within the functional area of the planning authority,

(c) the grant to the planning authority, or persons nominated by the authority, in accordance with this Part, of a lease under the Housing Acts 1966 to 2021 of houses of such number and description as may be specified in the agreement on the land which is subject to the application for permission, or on any other land within the functional area of the planning authority,

(d) a combination of a transfer of the ownership of less than 20 per cent of the land referred to in subsection (1) and the doing of one or more of the things referred to in paragraphs (a) to (c), or

(e) any combination of the matters referred to in paragraphs (a) to (c),

provided that the agreement provides for the sum of the following amounting to no less than the net monetary value that the planning authority would receive if the agreement solely provided for a transfer of land under subsection (1):

(i) land or houses transferred to the planning authority under the agreement;

(ii) any reduction in rent payable over the term of a lease referred to in paragraph (c) (excluding any reduction for maintenance, management and void periods specified in such lease).

(3) Where land is transferred to a planning authority under subsection (1), the planning authority shall use at least half of that land for the provision of housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009.

(4) Where land or houses are transferred to a planning authority under subsection (2), or where there is a reduction in rent payable over the term of a lease referred to in paragraph (c) of subsection (2) (excluding any reduction for maintenance, management and void periods specified in such lease), the planning authority shall use at least half of the net monetary value that the planning authority would receive if the agreement solely provided for a transfer of land in accordance with subsection (1) for the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009.

(5) In considering whether to enter into an agreement under subsection (2), a planning authority shall consider each of the following:

(a) whether such an agreement will contribute effectively and efficiently to the achievement of the objectives of the housing development strategy;

(b) whether such an agreement will constitute the best use of the resources available to it to ensure an adequate supply of housing;

(d) the need to counteract and prevent undue segregation in housing between persons of different social backgrounds in the area of the local authority;

(e) whether such an agreement is in accordance with the provisions of the development plan;

(f) the period within which housing referred to in paragraphs (i) to (iii) of subsection (10) of section 242 is likely to be provided as a consequence of the agreement.

(6) Where houses are to be transferred to the planning authority, or to persons nominated by the authority, pursuant to an agreement under subsection (2), the price of such houses shall be determined on the basis of—

(a) the sum payable by the planning authority under section 250 for the land on which a house is built (including external parts for use exclusively in connection with the house), and

(b) the costs, including normal construction and development costs and profit on those costs, calculated at open market rates that would have been incurred by the planning authority had it retained an independent builder to undertake the works, including the appropriate share of any common development works, as agreed between the authority and the developer.

(7) Where an agreement under this Chapter provides for the transfer of land or houses or both, such land and such houses shall, whether in one or more parts, be identified in the agreement.

(8) In so far as it is known to the planning authority at the time of the agreement, the planning authority shall indicate to the applicant for permission its proposed provision of housing on the land to be transferred, or to be the subject of a lease, in accordance with subsection (1) or (2), and such indication shall include a description of the proposed houses.

(9) Nothing in this section shall be construed as requiring an applicant for permission or any other person (other than the planning authority) to enter into an agreement under subsection (2) instead of an agreement under subsection (1).

(10) In considering whether to enter into an agreement under subsection (1) or (2), the planning authority shall consider—

(a) the proper planning and sustainable development of the area to which the application relates,

(b) the housing development strategy and the specific objectives of the development plan relating to the implementation of the strategy,

(d) the views of the applicant in relation to the impact of the agreement on the development.

(11) Government guidelines on public procurement shall not apply to an agreement made under subsection (1) or (2) except in the case of an agreement that is subject to the requirements of Council Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014^19 on public procurement and repealing Directive 2004/18/EC and any directive amending or replacing the first mentioned directive.

(12) Where—

(a) a permission to which this Chapter applies is granted before 1 August 2021, or

(b) a permission to which this Chapter applies is granted during the period beginning on 1 August 2021 and ending on 31 July 2026 and the land to which the application for permission relates was purchased by the applicant, or the person on whose behalf the application is made, pursuant to a legally enforceable agreement entered into, or in exercise of an option in writing, to purchase the land, during the period beginning on 1 September 2015 and ending on 31 July 2021,

then the references to “20 per cent of the land” in subsection (1) and paragraph (d) of subsection (2) shall be read as “10 per cent of the land”, the reference in subsection (3) to “at least half of that land” shall be read as “all of that land” and the reference in subsection (4) to “at least half of the net monetary value” shall be read as “the entire net monetary value”.

248. Applicant to specify manner of proposed compliance with condition under section 246

248. When making an application to which this Chapter applies, the applicant shall specify the manner in which he or she proposes to comply with a condition that may be imposed by the planning authority under section 246 on foot of such application, and where the planning authority grants permission to the applicant subject to any such condition it shall have regard to any proposals so specified.

249. Dispute in relation to agreement

249. (1) Subject to subsection (2), a planning authority, a party to an agreement under this Chapter, or a prospective party to an agreement under this Chapter, may refer a dispute in relation to any matter subject to such an agreement to the Commission.

(2) Where a dispute in relation to any matter subject to an agreement under this Chapter relates to a matter falling within section 251, the dispute shall be referred to the property arbitrator.

(3) The Commission or the property arbitrator, as the case may be, shall determine a dispute referred to them as soon as practicable.

250. Compensation

250. (1) Where ownership of land is transferred to a planning authority pursuant to an agreement under this Chapter, the planning authority shall, by way of compensation, pay to the owner of the land a sum equal to the greater of—

(a) (i) in the case of—

(I) land purchased by the applicant before 25 August 1999, or

(II) land purchased by the applicant pursuant to a legally enforceable agreement entered into before that date or in exercise of an option in writing to purchase the land granted or acquired before that date,

the price paid for the land, or the price agreed to be paid for the land pursuant to the agreement or option, together with such sum in respect of interest thereon (including, in circumstances where a loan is secured by mortgage on the land, interest paid in respect of the loan to the extent that the value of the land does not exceed the amount of the loan) as may be determined by the property arbitrator,

(ii) in the case of land the ownership of which was acquired by the applicant by way of a gift or inheritance taken (within the meaning of the Capital Acquisitions Tax Consolidation Act 2003) before 25 August 1999, a sum equal to the market value of the land on the valuation date (within the meaning of that Act) estimated in accordance with section 26 of that Act, or

(iii) where the applicant for permission is a mortgagee in possession of land that was—

(I) purchased before 25 August 1999, or

(II) purchased pursuant to a legally enforceable agreement to purchase the land entered into before that date, or in exercise of an option in writing to purchase the land granted or acquired before that date,

the price paid for the land, or the price agreed to be paid for the land pursuant to the agreement or option, together with such sum in respect of interest thereon calculated from that date (including any interest accruing and not paid in respect of the loan secured by the mortgage to the extent that the value of the land does not exceed the amount of the loan) as may be determined by the property arbitrator,

(b) the existing use value of the land.

(2) Section 450 shall apply to compensation payable under this section.

251. Property arbitrator

251. (1) A property arbitrator appointed under section 2 of the Property Values (Arbitrations and Appeals) Act 1960, shall, in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919, in default of agreement, fix any one or more of the following where appropriate:

(a) the number and price of houses to be transferred under paragraph (a), (b), (d) or (e) of subsection (2) of section 247;

(b) in the case of an agreement referred to in paragraph (c) of subsection (2) of section 247, the number of houses subject to, and the rent payable under, such an agreement;

(d) the payment of an amount to the planning authority under an agreement referred to in paragraph (d) or (e) of subsection (2) of section 247.

(2) For the purpose of determining any matter in subsection (1), the property arbitrator appointed shall have regard to any material difference between the houses in terms of size and location within the development.

(3) In selecting the type of sites and houses to be transferred, the property arbitrator shall have regard to the reasonable requirements of the planning authority as to the type of accommodation which it needs to supply for the purposes of paragraphs (i) to (iii) of subsection (10) of section 242.

(4) For the purposes of subsection (1), subsection (2) of section 2 of the Acquisition of Land (Assessment of Compensation) Act 1919 shall not apply and the property arbitrator shall calculate the value of the land based on its existing use value.

(5) The property arbitrator appointed shall determine the matter as soon as practicable.

252. Transfers

252. (1) Where ownership of land is transferred to a planning authority in accordance with section 247, the authority may—

(a) provide, or arrange for the provision of, housing on the land of the type referred to in any of paragraphs (i) to (iii) of subsection (10) of section 242,

(b) make land available to—

(i) persons eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, or

(ii) eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021,

for the development of houses by them for their own occupation, or

(c) make land available to an approved housing body, for the provision on the land of housing of the type referred to in any of paragraphs (i) to (iii) of subsection (10) of section 242.

(2) Pending the provision of housing in accordance with paragraph (a) of subsection (1), or the making available of land in accordance with paragraph (b) or (c) of subsection (1), the planning authority shall maintain the land or sites in a manner that does not detract, and is not likely to detract, to a material degree from the amenity, character or appearance of land or houses in the neighbourhood of the land or sites.

(3) Where a house is transferred to a planning authority or its nominees under subsection (2) of section 247, it shall be used for the housing of persons eligible under regulations under subsection (3) of section 31 of the Affordable Housing Act 2021 to be tenants of cost rental dwellings, persons eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 or eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021.

(4) A nominee of a planning authority may be a person eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, an eligible applicant within the meaning of Part 2 of the Affordable Housing Act 2021 or an approved housing body for the provision of housing of the type referred to in any of paragraphs (i) to (iii) of subsection (10) of section 242.

(5) Notwithstanding any provision of this or any other enactment, if a planning authority is satisfied that land, a site or a house transferred to it under section 247 is no longer required for the purposes specified in subsections (1) to (4), it may—

(a) use the land, site or house for another purpose connected with its functions and, where it does so, it shall pay an amount equal to the following into the separate account referred to in subsection (6):

(i) in the case of land, or a site, without a house, the market value of the land or site;

(ii) in the case of a house, the market value of the house on the date permission relating to that house was granted,

(b) sell the land, site or house for the best price reasonably obtainable, and, where it does so, it shall pay an amount equal to the proceeds of the sale into the separate account referred to in subsection (6).

(6) Any amount referred to in subsection (5) and any amount paid to a planning authority in accordance with an agreement referred to in paragraph (d) or (e) of subsection (2) of section 247 shall be accounted for in a separate account and shall only be applied as capital for its functions in relation to the provision of housing under the Housing Acts 1966 to 2021.

(7) A dwelling that is the subject of an agreement referred to in section 75 of the Land Development Agency Act 2021 shall not be reckoned in determining whether or not a condition imposed by section 246 has been complied with.

253. Sale, lease or exchange of land

253. A planning authority may, for the purposes of an agreement under this Chapter, agree to sell, lease or exchange any land within its ownership to the party to the agreement under section 247, in accordance with section 406.

254. Certification of development to which this Chapter does not apply

254. (1) In this section—

“applicant” includes a person on whose behalf another person applies for a certificate;

“court” means the Circuit Court for the circuit in which all or part of the development to which the application under subsection (3) relates is situated.

(2) For the purposes of this section—

(a) 2 or more persons shall be deemed to be acting in concert if, pursuant to an agreement, arrangement or understanding, at least one of them makes an application under subsection (3) or causes such an application to be made, and

(b) land shall not be deemed to be in the immediate vicinity of other land unless it is 400 metres or less from the other land.

(3) A person may, before applying for permission in respect of a development—

(a) consisting of the provision of 4 or fewer houses, or

(b) for housing on land of 0.1 hectares or less,

apply to the planning authority concerned for a certificate stating that this Chapter shall not apply to a grant of permission in respect of the development concerned (in this section referred to as a “certificate”), and where the planning authority grants a certificate, this Chapter shall not apply to a grant of permission in respect of the development concerned.

(4) Subject to—

(a) subsections (6) and (11), and

(b) the applicant for a certificate providing the planning authority with such information as the planning authority may reasonably require to enable it to perform its functions under this Chapter,

a planning authority to which an application for a certificate has been made under and in accordance with this section shall grant a certificate to the applicant.

(5) An application for a certificate shall be accompanied by a statutory declaration made by the applicant—

(a) giving, in respect of the period of 5 years preceding the application, all particulars that are within the applicant’s knowledge or procurement of the legal and beneficial ownership of the land on which it is proposed to carry out the development to which the application relates,

(b) identifying any person with whom the applicant is acting in concert,

(i) any interest that the applicant has, or had at any time during the period of 5 years preceding the application, in any land in the immediate vicinity of the land on which it is proposed to carry out the development to which the application relates, and

(ii) any interest, of which the applicant has knowledge, that any person with whom the applicant is acting in concert has, or had at any time during the period of 5 years preceding the application, in any land in the said immediate vicinity,

(d) stating that the applicant is not aware of any facts or circumstances that would constitute grounds under subsection (11) for the refusal by the planning authority to grant a certificate, and

(e) giving such other information as may be prescribed.

(6) (a) A planning authority may, no later than 4 weeks from the date of the application to it under this section, require an applicant for a certificate to provide it with such further information or documentation as it considers reasonably necessary to enable it to perform its functions under this section.

(b) Where an applicant refuses to comply with a requirement under paragraph (a) or fails, within a period of 8 weeks from the date of the making of the requirement, to so comply to the planning authority’s satisfaction, the planning authority shall refuse to grant the applicant a certificate.

(7) A planning authority may, for the purpose of performing its functions under this section, make such further inquiries of an applicant or any other person as it considers appropriate.

(8) The Minister may make regulations in relation to the making of an application under this section.

(9) Where a planning authority fails either to grant or refuse to grant a certificate within the period of 4 weeks from the later of—

(a) the making of an application to it under this section, or

(b) where it has made a requirement under subsection (6) within the period of 4 weeks from the making of an application to it under this section, the date of receipt by it of the information or documentation to which the requirement relates,

the planning authority shall, on the expiry of that period, be deemed to have granted a certificate to the applicant concerned.

(10) Particulars of a certificate shall be entered in the register.

(11) Subject to subsection (12), a planning authority shall not grant a certificate in relation to a development if the applicant for the certificate, or any person with whom the applicant is acting in concert—

(a) has been granted, not earlier than 5 years before the date of the application, a certificate in respect of a development on the land on which it is proposed to carry out the first-mentioned development, or land in its immediate vicinity, and the certificate at the time of the application remains in force, or

(b) has carried out, or has been granted permission to carry out, a development referred to in subsection (3), not earlier than 5 years before the date of the application in respect of the land on which it is proposed to carry out the first-mentioned development, or land in its immediate vicinity.

(12) A planning authority may, where paragraph (a) or (b) of subsection (11) applies to the applicant for the certificate or any person with whom the applicant is acting in concert, grant a certificate in relation to a development if—

(a) the aggregate of any development to which paragraph (a) or (b) of subsection (11) relates and the first-mentioned development referred to in subsection (11) would not, if carried out, exceed 4 houses, or

(b) in circumstances where the said aggregate would exceed 4 houses, the aggregate of the land on which any development to which paragraph (a) or (b) of subsection (11) relates and the land on which it is proposed to carry out the first-mentioned development referred to in subsection (11) does not exceed 0.1 hectares.

(13) Where a planning authority refuses to grant a certificate, it shall by notice inform the applicant of the reasons for the refusal.

(14) (a) Where a planning authority to which an application for a certificate has been made refuses to grant the certificate, the applicant may, not later than 3 weeks from the date on which the applicant receives notification of the refusal, or such later date as may be permitted by the court, appeal to the court for an order directing the planning authority to grant the applicant a certificate in respect of the development.

(b) The court may, at the hearing of an appeal under paragraph (a)—

(i) dismiss the appeal and affirm the refusal of the planning authority to grant the certificate, or

(ii) allow the appeal and direct the planning authority to grant the applicant a certificate in respect of the development concerned.

(15) A planning authority shall comply with a direction of the court under subsection (14).

(16) (a) Subject to paragraph (b), a planning authority shall revoke a certificate, upon application in that behalf being made to it by the owner of land to which the certificate relates, or by any other person acting with the permission of such owner.

(b) A planning authority shall not revoke a certificate under this subsection where permission has been granted in respect of the development to which the certificate relates.

(17) A person shall not, solely by reason of having been granted a certificate, be entitled to a grant of permission in respect of the development to which the certificate relates.

(18) A certificate under section 97 of the Act of 2000 granted before the repeal of that section by section 6 shall have effect on and after that repeal as if granted under this section.

255. Offences in relation to certificate

255. (1) A person who, knowingly or recklessly—

(a) makes a statutory declaration under subsection (5) of section 254, or

(b) provides a planning authority with information or documentation in purported compliance with a requirement under subsection (6) of section 254,

that is false or misleading in a material respect, or who believes any such statutory declaration made by him or her, or information or documentation provided by him or her in purported compliance with such requirement, not to be true, shall be guilty of an offence and shall be liable—

(i) on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or both, or

(ii) on conviction on indictment to a fine not exceeding €635,000 or to imprisonment for a term not exceeding 5 years, or both.

(2) A person who—

(a) forges or utters, knowing it to be forged, a certificate purporting to have been granted under section 254 (in this section referred to as a “forged certificate”),

(b) alters with intent to deceive or defraud, or utters, knowing it to be so altered, a certificate (in this section referred to as an “altered certificate”), or

(c) without lawful authority or other reasonable excuse, has in his or her possession a forged certificate or an altered certificate,

shall be guilty of an offence and shall be liable—

(i) on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(ii) on conviction on indictment to a fine not exceeding €635,000 or imprisonment for a term not exceeding 5 years, or both.

(3) Where a person is convicted on indictment of an offence under this section, the court may, in addition to any fine or term of imprisonment imposed by the court, order the payment into court by the person of an amount that, in the opinion of the court, is equal to the amount of any gain accruing to that person by reason of the grant of a certificate on foot of the statutory declaration, information or documentation, as the case may be, to which the offence relates, and such sum shall, when paid in accordance with such order, stand forfeited.

(4) All sums that stand forfeited under subsection (3) shall be paid to the planning authority named in, or uttered to have granted, the purported certificate concerned and shall be accounted for in the account referred to in subsection (6) of section 252 and be applied only for the purposes specified in that subsection.

(5) Where a person is convicted of an offence under this section, the court may revoke a certificate granted on foot of a statutory declaration, information or documentation to which the offence relates, upon application being made to it in that behalf by the planning authority that granted the certificate.

256. Planning authority functions concerning housing

256. Where a planning authority performs a function under this Part in an area, and the planning authority is not the local authority for that area, the planning authority shall consult with the local authority for the area with respect to the performance of that function.

PART 8 Miscellaneous Powers of Planning Authorities

Chapter 1

257. Agreements restricting or regulating development or use of land

257. (1) A planning authority may make an agreement with an owner of land in its functional area for the purposes 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 the agreement may contain such incidental and consequential provisions (including provisions in respect of the ownership of land, and charges and other provisions of a financial character) as appear to the planning authority to be necessary or expedient for the purposes of the agreement.

(2) A planning authority may join with a body prescribed under paragraph (j) of subsection (3) of section 54 in making an agreement under subsection (1).

(3) An agreement under subsection (1) may be enforced by the planning authority, or a prescribed body that joined with it (if any), against the owner of the land with whom the agreement was made or a person deriving title under that owner in respect of that land as if the planning authority or body, as the case may be, were possessed of adjacent land, and as if the agreement had been expressed to be made for the benefit of that adjacent land.

(4) Without prejudice to subsection (3), where the agreement, or part of it, is made pursuant to a condition attached to a permission, a breach of the agreement, or that part, shall constitute a breach of the condition unless the condition otherwise provides.

(5) The owner of the land (or part of the land) with whom an agreement is made under subsection (1), or a person deriving title under that owner in respect of that land (or part), may apply to the planning authority for the discharge or modification of the agreement.

(6) The planning authority shall give notice of an application made under subsection (5) to a prescribed body (if any) that joined with it in making the agreement and the prescribed body may, within such period as is specified in the notice, make submissions in writing to the planning authority in relation to the application.

(7) A planning authority may discharge or modify an agreement under subsection (1) only where an application is made to it under subsection (5) and it is satisfied that continued compliance with the agreement would be unduly burdensome for the person that made the application, or is unnecessary, having regard to the following matters:

(a) the circumstances in which, and the purposes for which, the agreement was made;

(b) any benefits accrued to persons interested in the land or the part of the land in consequence of the making of the agreement;

(d) any changes in the character of the land or the part of the land or of its neighbourhood since the agreement was made;

(e) any changes in the objectives in any development plan, urban area plan, priority area plan or coordinated area plan relating to the land or the part of the land or of its neighbourhood since the agreement was made;

(f) whether the agreement secures or is capable of securing any practical benefit and, if so, the nature and extent of that benefit;

(g) the likely consequences of any discharge or modification of the agreement;

(h) any submissions made pursuant to a notice under subsection (6) or by any person interested in the performance of the agreement pursuant to any notice given under regulations under subsection (12);

(i) any other relevant factors particular to the agreement and the land or the part of the land.

(8) Subject to any regulations under subsection (12), the planning authority may make such inquiries or give such notifications, or require the submission of such information or the giving of such notifications, as it considers appropriate for the purposes of performing its functions under subsection (7).

(9) Nothing in this section, or in any agreement under subsection (1), shall be construed as restricting the exercise, in relation to land which is the subject of such an agreement, of any powers exercisable by the Minister, the Commission or the planning authority under this Act.

(10) Particulars of an agreement under subsection (1), and of any discharge or modification of the agreement under subsection (7), shall be entered in the register.

(11) (a) An agreement under subsection (1) may be registered—

(i) in the Registry of Deeds, as an act of the owner of the land concerned, or

(ii) in the Land Registry, as a burden on any part of the land concerned that is registered in the Land Registry.

(b) Where an agreement under subsection (1) is modified under subsection (7), an entry may be made in the Registry of Deeds or the Land Registry to that effect.

(i) the discharge or partial discharge may be registered in the Registry of Deeds, or

(ii) a burden registered in the Land Registry in respect of the agreement may be cancelled or amended as required.

(d) The cost of registering—

(i) an agreement under subsection (1), shall be borne by the planning authority that made the agreement, and

(ii) any matter pursuant to paragraph (b) or (c), shall be borne by the person applying for the modification or discharge under subsection (5).

(12) The Minister may make regulations in relation to—

(a) the making, registration and enforcement of agreements under this section, and

(b) the making of applications under subsection (5), including the giving of notice of applications to particular persons or the public and the making by persons interested in the performance of the agreement of submissions to the planning authority in relation to such applications.

(13) An agreement under section 47 of the Act of 2000 or section 38 of the Local Government (Planning and Development) Act 1963 that was—

(a) made for the purpose of restricting or regulating the development of land, and

(b) in force immediately before the repeal of the said section 47 by section 6,

shall, on and after that repeal, be deemed to be an agreement made under this section, and accordingly this section shall apply to that agreement.

(14) An agreement under section 47 of the Act of 2000 or section 38 of the Local Government (Planning and Development) Act 1963 that was—

(a) made for the purpose of restricting or regulating the development of a maritime site, and

(b) in force immediately before the repeal of the said section 47 by section 6,

shall, on and after that repeal, be deemed to be an agreement made under this section, and accordingly, for the purposes of the application of this section to that agreement—

(i) references in this section to land shall be construed as including references to a maritime site, and

(ii) references in this section to the land shall be construed as including references to the maritime site.

258. Notice requiring discontinuance of works or use or removal or alteration of structure

258. (1) If a planning authority considers in relation to land in its functional area that, in exceptional circumstances—

(a) any works on the land should be discontinued,

(b) any structure on the land should be demolished, removed, altered or replaced,

(d) any conditions should be imposed on the continuance of works on the land or of a use of the land,

the planning authority may serve a notice on one or more than one of the following persons specifying the steps which the person is required to take in relation to the works, structure or use:

(i) the owner of the land;

(ii) the occupier of the land;

(iii) any other person who, in the opinion of the planning authority, is in a position to take or facilitate the taking of the steps.

(2) If the Maritime Area Regulatory Authority considers in relation to a maritime site that, in exceptional circumstances—

(a) any works in the site should be discontinued,

(b) any structure in the site should be demolished, removed, altered or replaced,

(d) any conditions should be imposed on the continuance of works on the site or of a use of the site,

the Maritime Area Regulatory Authority may serve a notice on one or more than one of the following persons specifying the steps which the person is required to take in relation to the works, structure or use:

(i) the holder of a maritime area consent in respect of the maritime site;

(ii) the occupier of the maritime site;

(iii) any other person who, in the opinion of the Maritime Area Regulatory Authority, is in a position to take or facilitate the taking of the steps.

(3) Subsections (1) and (2) shall not apply to any works that are, or any use that is, unauthorised development unless enforcement action (within the meaning of Part 11) may not be taken, by virtue of section 353, in respect of the unauthorised development.

(4) A notice referred to in subsection (1) or (2) shall—

(a) identify the works, structure or use, and the location of the land or maritime site concerned,

(b) specify the steps required to be taken including, where appropriate—

(i) the demolition, removal, alteration or replacement of any structure,

(ii) the discontinuance of any works or use, or

(iii) the steps necessary for compliance with conditions imposed on the continuance of any works or use,

(c) specify the period after the confirmation of the notice under subsection (6) within which the steps are required to be taken,

(d) state the reasons for the service of the notice,

(e) invite any person served with the notice to make written submissions to the planning authority or the Maritime Area Regulatory Authority, as appropriate, in respect of the matters referred to in the notice within a period specified in the notice (being not less than 4 weeks from the date of service of the notice), and

(f) state that the notice requires confirmation by the Commission and that any submissions received, and not withdrawn, within the period specified under paragraph (e), shall be considered by the Commission before the notice is confirmed.

(5) As soon as practicable after the expiry of the period for making submissions specified under paragraph (e) of subsection (4), the planning authority or the Maritime Area Regulatory Authority shall refer the notice (accompanied by any submissions made under that subsection and not withdrawn) to the Commission for confirmation.

(6) The Commission shall consider the notice and any submissions referred to in subsection (5) and may confirm the notice, with or without modifications, or refuse to confirm it.

(7) Without prejudice to the generality of subsection (6), a modification referred to in that subsection may include the removal of a requirement that a person served with the notice take, or facilitate the taking of, steps referred to in the notice where the Commission is of the opinion that he or she is not in a position to take, or facilitate the taking of, the steps.

(8) The Commission, in deciding whether to confirm a notice under subsection (6), shall consider—

(a) the principles of proper planning and sustainable development and, where applicable, the objectives of maritime spatial planning,

(b) any applicable provisions of—

(i) the National Planning Framework,

(ii) regional spatial and economic strategies,

(iii) development plans,

(iv) urban area plans,

(v) coordinated area plans,

(vi) priority area plans,

(vii) the National Marine Planning Framework, and

(viii) maritime spatial plans,

(d) any relevant strategy under section 50, and

(e) any other relevant provision of this Act or any regulations made under it.

(9) A notice under this section shall take effect when confirmed by the Commission.

259. Provisions consequential on notice under section 258

259. (1) If, within the period specified for that purpose in a notice confirmed under subsection (6) of section 258, or within such further period as the planning authority or the Maritime Area Regulatory Authority, as appropriate, may allow, any step required by the notice has not been taken, an authorised person appointed by the planning authority or the Maritime Area Regulatory Authority under section 393 may enter the lands or maritime site concerned and any structure on the land or in the site under section 394 and take the step.

(2) Where a notice confirmed under subsection (6) of section 258 is complied with, the planning authority or the Maritime Area Regulatory Authority, as appropriate, shall pay to the person complying with the notice the expenses reasonably incurred by the person in taking the steps specified in the notice, less the value of any salvageable materials.

(3) Where a person served with a notice confirmed under subsection (6) of section 258 fails to comply with the notice, or causes or permits a failure by another person to comply with the notice, he or she shall be guilty of an offence.

(4) (a) In proceedings for an offence under subsection (3) that consists of a failure by the defendant to comply with a notice under that subsection, it shall be a defence for him or her to show that he or she took all reasonable steps to comply with the notice.

(b) In proceedings for an offence under subsection (3) that consists of causing or permitting another person to fail to comply with a notice under that subsection, it shall be a defence for the defendant to show that he or she took all reasonable steps to secure compliance by the said person with the notice.

(5) In any proceedings for an offence under subsection (3), a document which purports to be a notice confirmed under subsection (6) of section 258 shall be taken to be such a notice unless the contrary is shown.

(6) A planning authority or the Maritime Area Regulatory Authority, as appropriate, may, prior to or after confirmation of the notice by the Commission, for stated reasons, withdraw a notice served under section 258 by notice in writing served on the person on whom the first-mentioned notice was served.

(7) Particulars of a notice confirmed under subsection (6) of section 258, and of a withdrawal of such a notice under subsection (6), shall be entered in the register.

Chapter 2

260. Application of Chapter and definitions

260. (1) This Chapter applies to land-based development that is being, or has been, carried out—

(a) that includes not less than 2 houses (whether or not it also includes development other than houses) and public components, and

(b) for which permission has been granted under Chapter 3 of Part 4.

(2) Notwithstanding subsection (1), where the circumstances referred to in paragraph (c) of subsection (1) of section 264 arise, section 264 applies to land-based development that is being, or has been, carried out—

(a) that includes public components, and

(b) for which permission has been granted under Chapter 3 of Part 4.

(3) In this Chapter—

“industrial and provident society” means an industrial and provident society within the meaning of the Industrial and Provident Societies Acts 1893 to 2021;

“owners’ management company” means—

(a) a company,

(b) an industrial and provident society,

(d) an unincorporated body or group of persons,

having the purpose of managing, maintaining and repairing the public components of a development referred to in subsection (1) or (2);

“public components”, in relation to a development, means those parts of a development which are described in the permission referred to in subsection (1) or (2), or expressly or impliedly required on foot of the permission, or are otherwise dedicated, as being for the use or enjoyment of the public, and includes roads, open spaces, car parks, lighting, water works or waste water works and such other parts as are prescribed;

“waste water works” means sewers and their accessories, and all other associated physical elements used for collection, storage or treatment of waste water, and any related land;

“water works” means water sources, water mains and their accessories, and all other associated physical elements used for the abstraction, treatment, storage or distribution of water, and any related land.

261. Taking in charge of public components of developments by planning authority

261. (1) Subject to subsections (2) and (4), where the developer of, the owners’ management company of, or a majority of the owners of the houses in, a development requests that all or part of the public components of the development be taken in charge by the planning authority in whose functional area the development is located, the planning authority may decide whether to commence the procedure in subsection (6) for taking all or part of the public components the subject of the request in charge.

(2) Where a request under subsection (1) relates wholly or partly to public components that are water works or waste water works, or such other public components as are prescribed for the purpose of this subsection, the planning authority shall—

(a) give notice of the request to Uisce Éireann seeking its consent, within a period specified in the notice, to the taking in charge by the planning authority of such of the water works, waste water works or other public components as is specified in the notice, or

(b) refer the request, in so far as it relates to such of the water works, waste water works or other public components as is specified in the referral, to Uisce Éireann for its consideration under section 262.

(3) The planning authority shall endeavour to make a decision under subsection (1) within 6 months of the making of the request (or, where a notice is given under paragraph (a) of subsection (2), within such longer period as results from the extension of the period of 6 months by the period specified in the notice), but a decision under subsection (1) shall not be invalidated by reason that the decision was not made within that period.

(4) Subject to section 264, a planning authority to which a request under subsection (1) is made shall commence the procedure in subsection (6) if—

(a) the development has been completed to the satisfaction of the planning authority in compliance with the permission for the development and any conditions to which the permission is subject,

(b) the development has not been completed to the satisfaction of the planning authority in compliance with the permission for the development and any conditions to which the permission is subject, and the planning authority has not taken enforcement action (within the meaning of Part 11) in relation to such non-compliance within 7 years of the expiry of the permission, or

(5) Where the planning authority decides under subsection (1) not to commence the procedure in subsection (6) or to omit from the procedure any part of the public components the subject of the request, the planning authority shall notify the person making the request of that decision and of the reasons for it.

(6) Where the planning authority decides to commence the procedure for taking all or part of the public components the subject of the request in charge—

(a) it shall prepare a report setting out in relation to the public components—

(i) a description of them,

(ii) a statement as to their general public utility, and

(iii) a statement as to the financial implications for the planning authority of taking them in charge,

(b) it shall publish notice, in at least one newspaper circulating in its functional area, of the proposal to take the public components in charge, indicating the times at which, the period (which shall be not less than one month) during which, and the place where, the report referred to in paragraph (a) may be inspected, and stating that submissions may be made in writing to the planning authority in relation to the proposal before a specified date (which shall be not less than 2 weeks after the end of the period for inspection specified in the notice),

(c) the chief executive of the planning authority shall, not later than 4 weeks after the expiry of the period for making submissions under paragraph (b), prepare a report on any submissions so received and not withdrawn, and submit it to the members of the planning authority for their consideration,

(d) the planning authority shall consider, subject to subsection (9), the reports referred to in paragraphs (a) and (c), and

(e) subject to subsection (7), the planning authority shall make an order taking all or part of the public components the subject of the request into its charge, as it considers appropriate, or refusing to take any of the public components into its charge.

(7) The planning authority shall not make an order under paragraph (e) of subsection (6) taking public components that are water works or waste water works or other public components prescribed for the purposes of subsection (2) in charge unless it has received the consent of Uisce Éireann to do so.

(8) The consideration of reports under paragraph (d) of subsection (6) and the making of an order under paragraph (e) of subsection (6) shall be reserved functions.

(9) The Minister may prescribe circumstances in which the planning authority, in deciding whether to take any public components in charge, shall be required to disregard the financial implications for it of so doing.

(10) A road or part of a road taken in charge by a planning authority pursuant to this section shall be deemed to be a public road within the meaning of the Roads Act 1993.

(11) Without prejudice to any other of its powers in relation to public components taken in charge by it under this section, the planning authority may undertake on any public components taken in charge by it any works which, in its opinion, are necessary—

(a) for the completion of the public components in accordance with any applicable permission, or

(b) to make the public components safe,

and may recover the costs of such works from the developer of the development of which the public components are part (and for that purpose apply any bond or other security held by it towards the costs of such works).

(12) Where public components of a development are taken in charge under this section, the planning authority may access parts of the development not so taken in charge, in so far as it is reasonably necessary to do so for the purpose of maintaining or managing the public components or performing its functions under subsection (11).

(13) The planning authority may hold a plebiscite for the purposes of ascertaining the wishes of the owners of the houses referred to in subsection (1).

262. Taking in charge of certain public components of developments by Uisce Éireann

262. (1) Where Uisce Éireann receives—

(a) a request from the developer of, the owners’ management company of, or a majority of the owners of the houses in, a development, to take public components of the development that are water works or waste water works, or such other public components as may, having regard to the functions of Uisce Éireann, be prescribed for the purposes of this section, in charge, or

(b) a referral under paragraph (b) of subsection (2) of section 261 relating to public components of a development that are water works or waste water works, or such other public components as are prescribed for the purposes of that subsection,

Uisce Éireann may, following consultation with the planning authority in whose functional area the water works, waste water works or other public component is or are situated, by order, take all or any of the water works, waste water works or other public component into its charge.

(2) Without prejudice to any other of its powers in relation to public components taken in charge by it under this section, Uisce Éireann may undertake on any public components taken in charge by it any works which, in its opinion are necessary—

(a) for the completion of the public components in accordance with any applicable permission, or

(b) to make the public components safe,

(3) Where public components of a development are taken in charge under subsection (1), Uisce Éireann may access parts of the development not so taken in charge, in so far as it is reasonably necessary to do so for the purpose of maintaining or managing the public components taken in charge or performing its functions under subsection (2).

263. Continued application of section 180 of Act of 2000 for certain purposes

263. Section 180 of the Act of 2000 shall, notwithstanding its repeal by section 6, continue to apply and have effect on and after that repeal in relation to any request under the said section 180 made before that repeal.

264. Acquisition by planning authority of public components of certain developments

264. (1) Where a development is being, or has been, carried out, and—

(a) any public components of the development are taken in charge under subsection (6) of section 261,

(b) a request is at any time made under subsection (1) of section 261 in relation to any public components of the development, or

(c) the public components of the development are not completed in compliance with the requirements of the permission for the development and any conditions attaching to the permission to the satisfaction of the planning authority before the expiry of the permission, or within such reasonable period as is specified in a notice given by the planning authority to the developer after the expiry of the permission warning of its intention to exercise powers under this subsection (notwithstanding any enforcement action, within the meaning of Part 11, that may have been taken in relation to such non-compliance),

the planning authority may, by agreement with the owner of the public components or compulsorily, in accordance with this section—

(i) acquire all or part of the public components, and

(ii) where acquiring public components, may acquire the land on, in, over or under which the public components are situated.

(2) Where a planning authority proposes to compulsorily acquire public components or land under subsection (1), it shall—

(a) serve notice on the owner of the public components or the land, and

(b) publish a notice in at least one newspaper circulating in its functional area,

of its intention to acquire the public components or the land, as more particularly described in the notice, and the notice (in this section referred to as an “acquisition notice”) shall specify a period (being a period of not less than 4 weeks from the date on which the notice is served or published, whichever is the later) within which an appeal may be brought under subsection (3).

(3) A person having an interest in the public components or the land to which an acquisition notice relates may, within the period specified in the acquisition notice, appeal against the acquisition notice to the Commission.

(4) The Commission may, where an appeal is brought against an acquisition notice under subsection (3)—

(a) annul the acquisition notice, or

(b) confirm the acquisition notice, with or without modification, in respect of all or such part of the public components, or all or such part of the land, as the Commission considers reasonable.

(5) If a planning authority publishes an acquisition notice and—

(a) the period for bringing an appeal against the notice has expired and no appeal has been brought, or

(b) an appeal has been brought against the notice and the appeal has been withdrawn or the notice has been confirmed with or without modifications,

the planning authority may make an order, in the prescribed form, which shall be expressed and shall operate to vest the public components and the land to which the acquisition notice (if applicable, as confirmed) relates in the planning authority on a specified date in accordance with subsection (7).

(6) Where a request is made under subsection (1) of section 261 and the planning authority proposes to compulsorily acquire public components the subject of the request in the circumstances referred to in paragraph (b) of subsection (1), but the acquisition notice served is annulled by the Commission under paragraph (a) of subsection (4), paragraph (b) of subsection (1) shall not apply to the request and section 261 shall apply as if the acquisition notice had not been served, subject to the modification that, in calculating the period referred to in subsection (3) of section 261, the period from the date of the service of the acquisition notice to its annulment shall be excluded.

(7) An order under subsection (5) shall vest the public components and the land the subject of the order in the planning authority—

(a) for all the estate of the persons entitled to the public components or the land in possession or in reversion,

(b) together with all easements, rights and privileges appurtenant to the public components or the land,

(i) all or any easements, rights and privileges previously granted for the benefit of any houses or other units in the development,

(ii) any purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Minister for Agriculture, Food and the Marine or to the Commissioners, in respect of the public components or land, provided that, in a case where the public components or land are subject thereto in conjunction with other land, the liability of the planning authority shall be for such portion thereof as shall be apportioned by that Minister, or by the Commissioners, on the public components or land as if they had been transferred to the authority by the owner thereof on the date of the order,

(iii) any easements, rights, privileges or other interests excluded from the order,

(iv) any rights or obligations of Uisce Éireann where the public components have been taken in charge under section 262,

(v) all or any easements, rights, privileges or interests reinstated under paragraph (d) of subsection (10), and

(vi) the obligation on the part of the planning authority—

(I) to undertake within a reasonable period any works which, in the opinion of the authority, are necessary for the satisfactory completion of the public components of the development, subject to the right to recover the costs of such works from the developer, and

(II) to grant all easements, rights and privileges reasonably necessary to enable the owner of each house in the development to enjoy the quiet and peaceful occupation of the house of which he or she is the owner, in so far as possible in accordance with any existing scheme of common easements, rights and privileges for the development, to be determined by agreement between such owner and the planning authority or in default of agreement by application in a summary manner to the Circuit Court,

but

(d) freed of all other estates, rights and interests, including those of the State.

(8) A road or part of a road acquired by a planning authority pursuant to this section shall be deemed to be a public road within the meaning of the Roads Act 1993.

(9) A person holding an interest in or over the public components or land to which an order under subsection (5) relates that is extinguished by virtue of such order may claim compensation arising from the making of the order.

(10) Where a claim is made under subsection (9), it shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919 as if the claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award and to the following provisions—

(a) the arbitrator shall make a nil award unless it is shown by or on behalf of the claimant that an amount equal to the value of the land to which the permission relates, being the value at the time the application for the permission was made, had the development been carried out at that time, has not been recovered and would not be recoverable by disposing of the land to which the permission relates less any land to which the order relates,

(b) in the assessment of the value of the land to which the order relates, no regard shall be had to its value for use other than as public components of the development,

(c) any sum due to the planning authority by the claimant may be set off against the compensation (if any) to which the claimant may be entitled, and

(d) where any person claims compensation for the loss of any easement, right, privilege or interest in the public components or land the subject of an order under subsection (5), the planning authority may make an order reinstating the easement, right, privilege or interest, and in such case, the easement, right, privilege or interest in question shall be deemed to have continued in existence as if the acquisition had not taken place, and no compensation shall be payable save in respect of temporary loss or damage (if any) arising in the period between the making of the order under subsection (5) and the order reinstating the easement, right, privilege or interest in question.

265. Supplementary provisions relating to sections 261, 262 and 264

265. (1) The exercise of the powers of a planning authority or Uisce Éireann under section 261, 262 or 264 to take public components of a development in charge or to acquire public components of a development or land on, in, over or under which the public components are situated, shall not prejudice any right of the planning authority—

(a) to bring or continue enforcement action (within the meaning of Part 11) in respect of any part of the development that is unauthorised development, or

(b) to apply any security given pursuant to any condition in a permission which relates to the development to the satisfactory completion of the development or any part thereof.

(2) The Minister may make regulations for the purposes of:

(a) identifying further parts of developments which are to be considered public components of developments for the purposes of the definition of “public components” in subsection (3) of section 260;

(b) requiring the inclusion (whether on the making of the application or on the request of a planning authority) in applications for permission for developments referred to in subsection (1) or (2) of section 260 of details of the parts of the development the subject of the application that are proposed to be public components;

(c) specifying requirements in respect of the giving of notice to the owner or occupier of land for the purposes of entry onto the land under subsection (12) of section 261 or subsection (3) of section 262;

(d) specifying the procedure for the carrying out of a plebiscite under subsection (13) of section 261;

(e) specifying, subject to sections 261, 262 and 264, the form and content of any request, notice, report, procedure or order under section 261, 262 or 264;

(f) providing for the manner in which the apportionment of obligations of planning authorities under clause (I) of subparagraph (vi) of paragraph (c) of subsection (7) of section 264 shall be agreed between them, or differences in relation to such apportionment resolved.

(3) The following matters shall be entered in the register:

(a) particulars of a request under subsection (1) of section 261;

(b) particulars of a decision under subsection (1) of section 261 not to commence the procedure under subsection (6) of section 261;

(d) particulars of a notice under paragraph (a) of subsection (2) of section 264;

(e) particulars of an appeal under subsection (3) of section 264;

(f) particulars of an annulment or confirmation under subsection (4) of section 264;

(g) particulars of an order under subsection (5) of section 264.

Chapter 3

266. Area of special amenity

266. (1) Where, in the opinion of the planning authority, by reason of—

(a) its outstanding natural beauty, or

(b) its special recreational value,

and having regard to any benefits for nature conservation, an area of land should be declared to be an area of special amenity, it may, by resolution, make an order to do so and the order may state the objective of the planning authority in relation to the preservation or enhancement of the character or special features of the area, including objectives for the prevention or limitation of development in the area.

(2) Where it appears to the Minister that an area of land should be declared to be an area of special amenity by reason of—

(a) its outstanding natural beauty, or

(b) its special recreational value,

and having regard to any benefits for nature conservation, he or she may, if he or she considers it necessary, direct a planning authority to make an order under subsection (1) in relation to the area of land specified in the direction and may, if he or she thinks fit, require that objectives specified in the direction be included by the planning authority in the order in respect of matters and in a manner so specified.

(3) If the Minister gives a direction under subsection (2) the planning authority concerned shall comply with the direction, and where the direction is that the order shall also be in respect of an area of land in or partly in the functional area of another planning authority, that planning authority shall not withhold its consent under subsection (4).

(4) Where the functional areas of two planning authorities are contiguous, either authority may, with the consent of the other, make an order under subsection (1) in respect of an area of land in or partly in the functional area of the other.

(5) As soon as may be after it has made an order under subsection (1), a planning authority shall publish in at least one newspaper circulating in its functional area, and in the functional area of any planning authority which has given its consent under subsection (4), a notice—

(a) stating the fact of the order having been made, and describing the area to which it relates,

(b) naming a place where a copy of the order and of any map referred to in it may be seen during office hours,

(c) specifying the period (not being less than 4 weeks) within which, and the manner in which, submissions in relation to the order may be made to the planning authority, and

(d) specifying that the order requires confirmation by the Commission and that, where any submissions are duly made and are not withdrawn, an oral hearing may be held and the submissions will be considered before the order is confirmed.

(6) As soon as may be after the period for making submissions has expired, the planning authority shall refer the order to the Commission for confirmation and provide, with the referral, any submissions duly made and not withdrawn to the Commission.

(7) The Commission shall consider the order and any submissions provided to it and may confirm the order, with or without modifications, or refuse to confirm it.

(8) An order under subsection (1) shall come into operation on being confirmed by the Commission, whether with or without modification, under subsection (7).

(9) An order made and confirmed under this section may be revoked or amended in the same manner in which an order is made and confirmed under this section (and in the case of the revocation or amendment of an order made pursuant to a direction under subsection (2), only on the direction of or with the consent of the Minister).

(10) A reference in this Act, or any other enactment, to a special amenity area order shall be construed as a reference to an order confirmed under subsection (7).

(11) Particulars of an order under subsection (1), a confirmation or refusal to confirm under subsection (7), and of a revocation or amendment of an order under subsection (9) shall be entered in the register.

(12) (a) An order under section 202 of the Act of 2000 made (but not confirmed under section 203 of that Act) before the repeal of that section by section 6 shall be deemed to be an order made but not confirmed under this section.

(b) An order under section 202 of the Act of 2000 that, immediately before the repeal of that section by section 6 was a special amenity area order within the meaning of that Act shall remain in force on and after that repeal and be deemed to be an order confirmed under this section.

(13) (a) Section 202 of the Act of 2000 shall continue to have effect on and after the repeal of that section by section 6 in relation to a direction given (but not complied with) under that section before such repeal, and accordingly the planning authority shall comply with the direction as soon as may be after such repeal in accordance with the said section 202.

(b) An order under section 202 of the Act of 2000 made in accordance with a direction referred to in paragraph (a) shall be deemed to be an order made, but not confirmed, under this section.

267. Tree preservation orders

267. (1) If it appears to a planning authority that it is expedient, in the interests of amenity or the environment, to make provision for the preservation of any tree, group of trees or woodland, it may, for that purpose, make an order with respect to any such tree, group of trees or woodland as may be specified in the order.

(2) Without prejudice to the generality of subsection (1), an order under this section may—

(a) prohibit (subject to any conditions or exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of any tree or trees, and

(b) require the owner or occupier of the land, or both, affected by the order to enter into an agreement with the planning authority to ensure the proper management of any tree, group of trees or woodland (including the replanting of trees), subject to the planning authority providing assistance, including financial assistance, towards such management as may be agreed.

(3) Without prejudice to any other exemption for which provision may be made by an order under this section, no such order shall prevent the cutting down, topping or lopping of trees which are dying or dead or have become dangerous, or the cutting down, topping or lopping of any trees in compliance with any obligation imposed by or under any enactment or so far as may be necessary for the prevention or abatement of a nuisance or hazard.

(4) (a) Where a planning authority proposes to make an order under this section, it shall—

(i) serve notice of the proposal on the owner and the occupier of the land affected by the proposed order, and

(ii) cause notice of the proposed order to be published in at least one newspaper circulating in its functional area.

(b) A notice under subparagraph (i) of paragraph (a) shall be accompanied by a map indicating the location of the tree, group of trees or woodland the subject of the proposed order.

(5) A notice under subsection (4) shall give particulars of the tree, group of trees or woodland to be preserved, and of the proposed order, and shall state—

(a) that the planning authority proposes to make an order preserving the tree, group of trees or woodland,

(b) the grounds on which it is proposed to make the order,

(c) that submissions regarding the proposed order may be made to the planning authority within a stated period of not less than 6 weeks from the date of the notice, and that the submissions will be considered by the planning authority, and

(d) that any person who contravenes an order or, pending the resolution of a planning authority under subsection (7), a proposed order, shall be guilty of an offence.

(6) Not later than 4 weeks after the expiry of the period for making submissions under paragraph (c) of subsection (5), the chief executive of the planning authority shall prepare a report on any submissions received and not withdrawn, and submit the report to the members of the planning authority for their consideration.

(7) The planning authority shall consider the report referred to in subsection (6) and may by resolution make the order, with or without modifications, or refuse to make the order, and any person on whom notice has been served under subsection (4) shall be notified accordingly.

(8) (a) Where a planning authority proposes to make an order to amend or revoke an order made under subsection (7), the planning authority shall—

(i) serve notice of the proposal on the owner and the occupier of the land affected by the proposed order, and

(ii) cause notice of the proposed order to be published in at least one newspaper circulating in its functional area.

(b) A notice under subparagraph (i) of paragraph (a) shall be accompanied by a map indicating the location of the tree, group of trees or woodland the subject of the proposed order.

(9) A notice under subsection (8) shall give particulars of the tree, group of trees or woodland the subject of the order proposed to be revoked or amended, and shall state that—

(a) the planning authority proposes to amend or revoke the order (with particulars of the proposed amendment or revocation),

(b) submissions regarding the proposed order may be made to the planning authority within a stated period of not less than 6 weeks from the date of the notice, and that the submissions will be considered by the planning authority, and

(c) any person who contravenes an order under subsection (11) that amends an order made under subsection (7) or, pending the resolution of a planning authority under subsection (11), an order proposed under subsection (8) to amend an order made under subsection (7), shall be guilty of an offence.

(10) Not later than 4 weeks after the expiry of the period for making submissions under paragraph (b) of subsection (9), the chief executive of the planning authority shall prepare a report on any submissions received and not withdrawn, and submit the report to the members of the planning authority for their consideration.

(11) The planning authority shall consider the report referred to in subsection (10) and may by resolution make an order revoking or amending the order made under subsection (7), with or without modifications, or refuse to do so, and any person on whom notice has been served under subsection (8) shall be notified accordingly.

(12) A person, in writing, or the members of the planning authority, by resolution, may request the planning authority to propose the making of an order in accordance with subsection (4) or (8) and the planning authority may, where it considers it appropriate, do so.

(13) Subsection (12) is without prejudice to the power of the planning authority to propose the making of an order in accordance with subsection (4) or (8) of its own motion.

(14) A person who contravenes an order under subsection (7) or (11) or, pending the resolution of a planning authority, a proposed order under subsection (4) or (8), without reasonable excuse, shall be guilty of an offence.

(15) Particulars of a notice under subsection (4), a resolution under subsection (7), a notice under subsection (8) and a resolution under subsection (11) shall be entered in the register.

268. Creation of public rights of way by agreement

268. (1) A planning authority may enter into an agreement with a person having the necessary power in that behalf for the creation, by dedication by that person, of a public right of way over land.

(2) An agreement made under this section shall be on such terms as to payment or otherwise as may be specified in the agreement, and may, if it is so agreed, provide for limitations or conditions affecting the public right of way.

(3) Where an agreement has been made under this section, it shall be the duty of the planning authority to take all necessary steps for securing that the creation of the public right of way is effected in accordance with the agreement.

(4) Particulars of an agreement made under this section shall be entered in the register.

269. Creation of public rights of way compulsorily

269. (1) If it appears to a planning authority that there is need for a public right of way over any land, the planning authority may, by resolution, make an order creating a public right of way over the land.

(2) (a) Where a planning authority proposes to make an order under this section (in this section referred to as a “proposed order”), it shall—

(i) serve a notice (which shall include particulars of the proposed order) of its intention to do so on the owner and the occupier of the land over which the public right of way is proposed to be created and on any other person who in its opinion will be affected by the creation of the public right of way, and

(ii) cause notice of the proposed order to be published in at least one newspaper circulating in its functional area.

(b) A notice under subparagraph (i) of paragraph (a) shall be accompanied by a map indicating the location of the public right of way to be created.

(3) A notice under subsection (2) shall state that—

(a) the planning authority proposes to make an order creating the public right of way, and

(4) Not later than 4 weeks after the expiry of the period for making submissions under paragraph (b) of subsection (3), the chief executive of the planning authority shall prepare a report on any submissions received and not withdrawn, and submit the report to the members of the planning authority for their consideration.

(5) The planning authority shall consider the proposal and the report referred to in subsection (4) and may by resolution make the order, with or without modifications, or refuse to make the order and where the order is made shall notify the persons served with a notice under subparagraph (i) of paragraph (a) of subsection (2) accordingly.

(6) Any person who has been notified of the making of an order under subsection (5) may, within 4 weeks of being notified under that subsection, appeal to the Commission against the order.

(7) Where an appeal is brought under subsection (6) against an order, the Commission may confirm the order with or without modifications or annul the order.

(8) An order under this section shall take effect—

(a) where no appeal against it is brought, on the expiry of the period for bringing an appeal, or

(b) where an appeal is brought against it, either when the appeal has been withdrawn or when the order is confirmed on appeal.

(9) Particulars of a right of way created under this section shall be entered in the register.

(10) A public right of way created under an enactment repealed by this Act or by the Act of 2000 that was in force immediately before the commencement of this section shall be deemed to have been created under this section.

(11) The exercise by the planning authority of any powers under this section or section 270 shall be without prejudice to the entitlement of any person (including the planning authority) to assert in any other proceedings (including in a claim for compensation under section 444) that the land over which the public right of way is created under this section was already the subject of a public right of way other than under this section.

270. Supplemental provisions with respect to public rights of way

270. (1) Where a public right of way is created or deemed to have been created under this Act, or where a provision in a development plan in force on the commencement of this section relates to the preservation of a public right of way, the way shall be maintained by the planning authority.

(2) Where a right of way is required by this section to be maintained by a planning authority, a person shall not damage or obstruct the way, or hinder or interfere with the exercise of the right of way.

(3) A person who contravenes subsection (2) shall be guilty of an offence.

(4) Where a right of way required by this section to be maintained by a planning authority is damaged or obstructed by any person, the planning authority concerned may repair the damage or remove the obstruction, and the expenses incurred by it in the repair or removal shall be paid to it by that person.

271. Orders and notices under section 205 of Act of 2000

271. (1) An order under section 205 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall—

(a) continue in force and have effect on and after such repeal, and

(b) be deemed to be an order made under section 267,

and may be amended or revoked accordingly.

(2) Section 205 of the Act of 2000 shall, in relation to a notice served and published in accordance with subsection (3) or (7) of that section before the repeal of that section by section 6, continue to have effect on and after such repeal.

272. Agreements under section 206 of Act of 2000

272. Section 206 of the Act of 2000 shall, in relation to an agreement under that section made before the repeal of that section by section 6, continue to have effect on and after such repeal as if it were an agreement under section 268.

273. Orders, notices and appeals under section 207 of Act of 2000

273. (1) An order under section 207 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall—

(a) continue in force and have effect on and after such repeal, and

(b) be deemed to be an order made under section 269,

and may be amended or revoked accordingly.

(2) Section 207 of the Act of 2000 shall continue in force and have effect on and after the repeal of that section by section 6 in relation to—

(a) a notice served and published in accordance with the said section 207 before the said repeal, and

(b) the appeal of an order under the said section 207 pending immediately before the said repeal.

Chapter 4

274. Repair and tidying of advertisement structures and advertisements

274. (1) If it appears to a planning authority that, having regard to the interests of public safety or amenity, an advertisement structure or advertisement in its functional area should be repaired or tidied, the planning authority may serve a notice on the owner, or person having control, of the structure or advertisement, requiring him or her to repair or tidy the structure or advertisement within a specified period.

(2) If it appears to a planning authority that an advertisement structure or advertisement in its functional area is derelict, the planning authority may serve a notice on the owner, or person having control, of the structure or advertisement requiring him or her to remove the structure or advertisement within a specified period.

(3) If, within the period specified in a notice under this section, the advertisement structure or advertisement is not repaired or tidied, or removed, as the case may be, the planning authority may enter on the land on which the structure is situate or the advertisement is exhibited and repair, tidy or remove the structure or advertisement and the owner, or person having control, of the structure or advertisement shall pay the planning authority any expenses reasonably incurred by it in that behalf.

(4) Section 209 of the Act of 2000 shall, in relation to a notice served under that section before the repeal of that section by section 6, continue to have effect on and after such repeal.

275. Cables, wires and pipelines (land)

275. (1) Subject to subsection (11) and Part 4, where it considers it necessary to do so, a planning authority may—

(a) place, construct, lay or connect cables, wires, ducts or pipelines (including water pipes, sewers, drains and district heating systems) and any ancillary apparatus, on, into, under or over any land,

(b) attach to or erect on any land, or any structure on the land, any bracket or other fixture required for the carrying or support of the cables, wires, ducts or pipelines and ancillary apparatus, or

(c) erect or affix, and maintain, on any land, or on any structure on the land, notices indicating the position of the cables, wires, ducts or pipelines and ancillary apparatus.

(2) A power under subsection (1) shall not be exercised unless the owner and the occupier of the land concerned have given their consent in the manner provided for in subsection (4) or an order has been made by the Commission under paragraph (a) of subsection (5).

(3) Where a planning authority proposes to exercise a power under subsection (1), it shall first serve notice of the proposal on the owner and the occupier, as appropriate, of the land concerned, which notice shall—

(a) describe the power which it proposes to exercise and the location, by reference to a map, at which it is intended to be exercised,

(b) request the consent of the owner and the occupier, as appropriate, to the exercise of the power, to be provided by executing the form of consent referred to in paragraph (c),

(d) state that, where consent has not been given by the owner and the occupier within 28 days of service of the notice, the planning authority may apply to the Commission for an order confirming the notice, which order, if granted, will entitle the planning authority to exercise the power the subject of the notice without such consent,

(e) state that, where the planning authority is authorised to exercise the power described by the notice, it shall be entitled to the rights and subject to the obligations specified in subsection (7), and

(f) state that, where the planning authority is authorised to exercise the power described under paragraph (a), subsection (8) shall apply to anything done in exercise of the power.

(4) (a) A person on whom notice under subsection (3) is served may give consent, in the prescribed form, to the exercise of a power under subsection (1).

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Planning and Development Act 2024

Chapter 2

244. Interpretation

245. Application of Chapter

246. Provision of social and affordable housing, etc.

247. Agreement relating to transfers to planning authority

248. Applicant to specify manner of proposed compliance with condition under section 246

249. Dispute in relation to agreement

250. Compensation

251. Property arbitrator

252. Transfers

253. Sale, lease or exchange of land

254. Certification of development to which this Chapter does not apply

255. Offences in relation to certificate

256. Planning authority functions concerning housing

PART 8 Miscellaneous Powers of Planning Authorities

Chapter 1

257. Agreements restricting or regulating development or use of land

258. Notice requiring discontinuance of works or use or removal or alteration of structure

259. Provisions consequential on notice under section 258

Chapter 2

260. Application of Chapter and definitions

261. Taking in charge of public components of developments by planning authority

262. Taking in charge of certain public components of developments by Uisce Éireann

263. Continued application of section 180 of Act of 2000 for certain purposes

264. Acquisition by planning authority of public components of certain developments

265. Supplementary provisions relating to sections 261, 262 and 264

Chapter 3

266. Area of special amenity

267. Tree preservation orders

268. Creation of public rights of way by agreement

269. Creation of public rights of way compulsorily

270. Supplemental provisions with respect to public rights of way

271. Orders and notices under section 205 of Act of 2000

272. Agreements under section 206 of Act of 2000

273. Orders, notices and appeals under section 207 of Act of 2000

Chapter 4

274. Repair and tidying of advertisement structures and advertisements

275. Cables, wires and pipelines (land)