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) Where a person on whom a notice under subsection (3) has been served has not given consent in the prescribed form within 28 days of service of the notice, the planning authority may (without prejudice to its entitlement to accept consent at any time thereafter) apply to the Commission for an order confirming the notice.

(5) The Commission, in considering an application under paragraph (b) of subsection (4), may, by order—

(a) confirm the notice, with or without variation, or

(b) set the notice aside,

but shall not determine any matter to which section 443 refers.

(6) Where the Commission confirms the notice under paragraph (a) of subsection (5), the planning authority may exercise the power described in the notice under paragraph (a) of subsection (3) without the consent of the owner and occupier.

(7) Where a power referred to in subsection (1) is exercised, the planning authority—

(a) may, in the course of exercising the power, make minor modifications to the location at which the power is exercised as identified in the notice under subsection (3), where the modification is immaterial,

(b) may, from time to time after the exercise of the power, inspect, repair, alter, renew or remove any thing done in exercising the power,

(c) may license the use of the cables, wires, ducts or pipelines (including water pipes, sewers, drains and district heating systems) and ancillary apparatus by third parties, and

(d) shall make good any loss or damage caused to an owner of the land or structure referred to in subsection (1) occurring in the course of the exercise of the power or any inspection, repair, alteration, renewal or removal under paragraph (b), or reimburse the owner the reasonable costs and expenses of such making good.

(8) Where anything is done pursuant to subsection (1) or paragraph (b) of subsection (7), a person shall not, without the prior written consent of the planning authority, damage, obstruct or otherwise interfere with the thing done.

(9) (a) Where consent has been given pursuant to paragraph (a) of subsection (4) or an order confirming a notice has been made under paragraph (a) of subsection (5), the consent or order 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) The cost of registering the consent or order shall be borne by the planning authority that served the notice under subsection (3).

(10) Particulars of a notice under subsection (3), a consent under subsection (4) and an order under subsection (5) shall be entered in the register.

(11) Subsection (1) shall not apply to—

(a) any land forming part of a public road or any land that is State land or land owned by a State authority within the meaning of subsection (1) of section 2 of the State Property Act 1954, or

(b) any structure on land forming part of a public road or on such State land or such land owned by a State authority.

(12) (a) A consent referred to in section 182 of the Act of 2000 given, before the repeal of that section by section 6, by the owner or the owner and the occupier, as the case may be, of land shall be deemed to be a consent under subsection (4) given by that owner or that owner and that occupier, as may be appropriate.

(b) Notwithstanding the repeal of section 182 of the Act of 2000 by section 6, the said section 182 shall continue to apply and have effect on and after that repeal for the purposes of an appeal brought under paragraph (b) of subsection (4) of the said section 182 before that repeal.

276. Cables, wires and pipelines (maritime sites)

276. (1) Subject to subsection (12) 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 maritime site,

(b) attach to or erect on any maritime site, or structure therein 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 on any maritime site, or structure therein, and maintain, 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 (if any) of the maritime site concerned have given consent in the manner provided for in subsection (5) or an order has been made by the Commission under paragraph (a) of subsection (6).

(3) Where a planning authority proposes to exercise a power under subsection (1), it shall, following consultation with the Maritime Area Regulatory Authority, first serve notice of the proposal on the owner and the occupier of the maritime site 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, 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 the 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 (8), and

(f) state that, where the planning authority is authorised to exercise the power described by the notice, subsection (9) shall apply to anything done in exercise of the power.

(4) The planning authority shall give a copy of the notice referred to in subsection (3) to the Maritime Area Regulatory Authority.

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

(b) Where a person on whom a notice under subsection (3) has been served has not given consent in the prescribed form within 28 days from the date of the service of the notice, the planning authority may (without prejudice to its entitlement to accept a consent at any time thereafter) apply to the Commission for an order confirming the notice.

(6) The Commission, in considering an application under paragraph (b) of subsection (5) may, by order—

(a) confirm the notice, with or without variation, or

(b) set the notice aside.

(7) Where the Commission confirms the notice under paragraph (a) of subsection (6), the planning authority may exercise the power described in the notice under paragraph (a) of subsection (3) without the consent of the owner and occupier.

(8) Where a power referred to in subsection (1) is exercised, the planning authority—

(a) may, in the course of exercising the power, make minor modifications to the location at which the power is exercised as described in the notice under subsection (3), where the modification is immaterial,

(b) may, from time to time after the exercise of the power, inspect, repair, alter, renew or remove any thing done in exercising the power,

(c) may license the use of the cables, wires, ducts or pipelines (including water pipes, sewers, drains and district heating systems) and ancillary apparatus by third parties, and

(d) shall make good any loss or damage caused to an owner of the maritime site or structure referred to in subsection (1) occurring in the course of the exercise of the power or any inspection, repair, alteration, renewal or removal under paragraph (b), or reimburse the owner the reasonable costs and expenses of such making good.

(9) Where anything is done pursuant to subsection (1) or paragraph (b) of subsection (8), a person shall not, without the prior written consent of the planning authority, damage, obstruct or otherwise interfere with the thing done.

(10) (a) Where consent has been given by the owner and the occupier pursuant to paragraph (a) of subsection (5) or an order confirming a notice has been made under paragraph (a) of subsection (6), the consent or order may be registered—

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

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

(b) The cost of registering the consent or order shall be borne by the planning authority that served the notice under subsection (3).

(11) Particulars of a notice under subsection (3), a consent under subsection (5) and an order under subsection (6) shall be entered in the register.

(12) Subsection (1) shall not apply to—

(a) a maritime site that is State land or land owned by a State authority within the meaning of subsection (1) of section 2 of the State Property Act 1954, or

(b) any structure in such a maritime site.

(13) An approval referred to in subsection (1A) of section 182 of the Act of 2000 given before the repeal of that section by section 6 for development on a maritime site shall be deemed to be a consent under subsection (5) given by that owner or that owner and occupier, as may be appropriate.

277. Amendment of permission by planning authority

277. (1) The chief executive or deputy chief executive of a planning authority may authorise a member of the staff of the planning authority to amend a permission granted by the planning authority for the purposes of—

(a) correcting a clerical error in the permission,

(b) facilitating the doing of a thing pursuant to the permission, where the doing of that thing may reasonably be regarded as having been contemplated by a particular term of the permission, or its terms as a whole, but was not expressly provided for in the permission,

(d) facilitating the implementation or operation of the permission,

and the member of the staff shall make that amendment in accordance with the terms of the authorisation.

(2) The chief executive or deputy chief executive shall not exercise the power under subsection (1) if to do so would result in a material alteration of the terms of the development the subject of the permission.

(3) Before the chief executive or deputy chief executive decides whether to make an authorisation under subsection (1) in a particular case, the chief executive or deputy chief executive may invite submissions in relation to the matter to be made by any person who made submissions to the planning authority in relation to the permission, and the chief executive or deputy chief executive shall have regard to any submissions made on foot of that invitation.

(4) In this section “permission” includes a permission granted by a planning authority under the Act of 2000 but does not include outline permission within the meaning of section 96.

PART 9 Judicial Review and Decision-Making

Chapter 1

278. Interpretation

278. (1) In this Part—

“environmental legal costs financial assistance mechanism” means the scheme established by section 295;

“legal practitioner” has the meaning it has in the Legal Services Regulation Act 2015;

“Part 9 judicial review” shall be construed in accordance with section 279;

“Part 9 judicial review proceedings” means proceedings relating to Part 9 judicial review including any interim or interlocutory applications arising from such proceedings;

“relevant body” means—

(a) a planning authority or local authority,

(b) the Commission,

(d) the Office of the Planning Regulator,

(e) the competent authority within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019,

(f) the Government, or

(g) a regional assembly;

“sufficient interest” shall be construed in accordance with section 286.

(2) A reference in this Part to the date on which a relevant body fails to perform a function shall, in relation to Part 9 judicial review proceedings concerning a decision that is alleged to have been made (in whole or in part) as a result of the failure or alleged failure, be read as a reference to the date of that decision.

279. Application of Chapter

279. (1) This Chapter applies to an application for judicial review (in this Part referred to as “Part 9 judicial review”) made to the High Court in which a party—

(a) questions the validity of any decision made or act done in the performance, or purported performance, of a function by a relevant body under this Act, or questions the alleged failure of a relevant body to perform such a function, and

(b) seeks an order of certiorari, mandamus, prohibition or quo warranto, or seeks declaratory relief.

(2) A person shall not—

(a) question the validity of any decision made or act done in the performance, or purported performance, of any function under this Act by a relevant body, or

(b) question the alleged failure of a relevant body to perform a function referred to in paragraph (a),

otherwise than by way of an application for judicial review brought in accordance with this Part and with the applicable Rules of the Superior Courts.

280. Procedure for commencing Part 9 judicial review

280. (1) Part 9 judicial review shall be commenced by making an application to the High Court by originating notice of motion in accordance with the applicable Rules of the Superior Courts.

(2) No later than the day on which Part 9 judicial review proceedings are issued, the party making the application under subsection (1) shall notify each of the following that it intends to apply for Part 9 judicial review:

(a) the relevant body that the decision, act or alleged failure of which the Part 9 judicial review relates;

(b) any other party that the party intends to name as respondent in the application;

(3) The application referred to in subsection (1) shall not be accepted by the High Court unless—

(a) the motion is grounded upon a statement in accordance with the applicable Rules of the Superior Courts,

(b) the applicant has complied with subsection (2),

(c) the motion is accompanied by an affidavit, prepared in accordance with the applicable Rules of the Superior Courts, that—

(i) is sworn by or on behalf of the applicant which verifies all of the facts relied upon in the statement referred to in paragraph (a),

(ii) exhibits a copy of each of the required notifications referred to in subsection (2), and

(iii) where subsection (4) of section 286 applies to the applicant, complies with that subsection,

and

(d) it is made within the period—

(i) referred to in subsection (1) of section 281, or

(ii) ordered under subsection (2) of that section.

(4) Leave of the High Court shall not be required in order to make an application for judicial review under this Part.

(5) A reference in this Part to the date on which Part 9 judicial review proceedings are commenced shall be read as the date on which a notice of motion is issued from the High Court in respect of an application under this section.

281. Time limits applicable to Part 9 judicial review

281. (1) Subject to subsections (2) and (4), Part 9 judicial review shall not be commenced after the expiry of the period of 8 weeks beginning on the date of—

(a) the decision to which the proceedings relate, or would relate if the proceedings were commenced,

(b) the doing of the act to which the proceedings relate, or would relate if the proceedings were commenced, or

(c) the failure to perform the function to which the proceedings relate, or would relate if the proceedings were commenced,

as the case may be.

(2) A party may, by motion on notice (grounded in the manner specified in the applicable Rules of the Superior Courts) apply to the High Court for an order granting the party an extension of time to commence Part 9 judicial review proceedings outside the period referred to in subsection (1).

(3) The High Court may grant an order under subsection (2), and make such consequential orders as it considers appropriate in the circumstances, if it is satisfied that—

(a) there is good and sufficient reason for doing so, and

(b) the circumstances that resulted in—

(i) the proceedings being brought outside the period referred to in subsection (1), and

(ii) the delay, if any, between the expiry of the period referred to in subsection (1) and the proceedings being brought,

were outside the control of the party applying for the extension and the legal practitioners advising that party in relation to the application.

(4) Without prejudice to applicable Rules of the Superior Courts, where the period within which Part 9 judicial review proceedings must be taken expires on a day that is a Saturday, a Sunday or a public holiday, the period shall be deemed to expire on the next day, following that day, that is not a Saturday, a Sunday or a public holiday.

282. Conduct of Part 9 judicial review

282. (1) Subject to subsection (2), an applicant shall not rely on a ground in Part 9 judicial review proceedings other than the grounds set out in the statement referred to in paragraph (a) of subsection (3) of section 280.

(2) An applicant shall not be entitled to amend the statement referred to in paragraph (a) of subsection (3) of section 280 after Part 9 judicial review proceedings have commenced without applying to the High Court, on notice to all respondents and notice parties, for leave to do so, and such leave shall not be granted unless the Court is satisfied that—

(a) there is good and sufficient reason for allowing the applicant to do so, and

(b) the circumstances that resulted in the failure to include the matter to which the amendment relates in the original statement were outside the control of—

(i) the applicant, and

(ii) the legal practitioners advising that party in relation to the application.

283. Applications to strike out Part 9 judicial review

283. (1) A party to Part 9 judicial review proceedings may, by motion on notice (grounded in the manner specified in the applicable Rules of the Superior Courts), apply to the High Court at any time for an order striking out the proceedings for any number of the following reasons:

(a) the applicant does not have a sufficient interest in the grounds pleaded in the Part 9 judicial review proceedings;

(b) the proceedings were not brought within the period—

(i) referred to in subsection (1) of section 281, or

(ii) ordered under subsection (2) of that section;

(c) the applicant has failed to exhaust any available appeal procedures or any other administrative remedy available in respect of the decision or act concerned;

(d) the grounds pleaded by the applicant disclose no arguable case or are bound to fail.

(2) The High Court may make an order striking out the Part 9 judicial review proceedings to which an application under subsection (1) relates where it is satisfied that at least one of the reasons referred to in paragraphs (a) to (d) of that subsection apply to the proceedings.

(3) Without prejudice to subsection (2), where—

(a) a party applies for an order under this section for the reason that an applicant does not have a sufficient interest in a matter to which a ground pleaded in Part 9 judicial review proceedings relates, and

(b) the High Court is satisfied that some, but not all, of the applicants in the proceedings do not have such a sufficient interest, or that an applicant has such a sufficient interest in some, but not all, of the matters to which a ground pleaded in Part 9 judicial review proceedings relates,

the Court may do one or more of the following as it sees fit:

(i) without striking out the proceedings in their entirety, strike out the proceedings as against any applicant it is satisfied does not have such a sufficient interest;

(ii) direct that an applicant shall not continue the proceedings in relation to a specified matter in respect of which the Court is satisfied that the applicant does not have a sufficient interest;

(iii) make orders consequential on, or necessary to give effect to, a decision under paragraph (i) or (ii).

(4) Without prejudice to subsection (2), where—

(a) a party applies for an order under this section for the reason that the grounds pleaded by an applicant disclose no arguable case or are bound to fail, and

(b) the High Court is satisfied that some, but not all, such grounds disclose no arguable case or are bound to fail,

the Court may—

(i) without striking out the proceedings, direct that an applicant shall not continue the proceedings in relation to a ground or grounds that it considers to disclose no arguable case or to be bound to fail, and

(ii) make orders consequential on, or necessary to give effect to, such direction.

284. Stays on Part 9 judicial review

284. Where Part 9 judicial review proceedings relate—

(a) in whole or in part, to the decision, act or alleged failure of a relevant body, and

(b) to a matter for the time being before the relevant body or any other relevant body,

the relevant body referred to in paragraph (a) may, by motion on notice (grounded in the manner specified in the applicable Rules of the Superior Courts), apply to the High Court to stay the proceedings pending the making of a decision by the relevant body referred to in paragraph (b) in relation to the matter concerned.

285. Entitlement to bring proceedings

285. A party shall not be permitted to plead a ground in Part 9 judicial review proceedings unless the party has a sufficient interest in the matter to which the ground relates.

286. Sufficient interest

286. (1) Subject to subsections (2) and (3), an applicant shall not be regarded as having a sufficient interest in a matter to which a ground pleaded in Part 9 judicial review proceedings relates unless the applicant is, or may be, directly or indirectly materially affected by the matter.

(2) Where Part 9 judicial review proceedings relate to a development that is likely to have significant effects on the environment or on a European site, or to an act or omission by any person that contravenes a provision of this Act, or an enactment under this Act, relating to the environment, an applicant shall be regarded as having a sufficient interest in a matter to which the proceedings relate (regardless of whether the applicant is, or may be, directly or indirectly materially affected by the matter) where—

(a) the applicant has existed for a period of not less than one year prior to the date on which proceedings were brought and is—

(i) a company, or

(ii) an undertaking incorporated under the laws of a Member State that has—

(I) limited liability, and

(II) a constitution,

(b) the constitution of the applicant includes an object related to the promotion of environmental protection relevant to the matters to which the proceedings relate and the applicant has pursued the object for a period of not less than one year prior to bringing the proceedings,

(d) the board of directors (or equivalent governing body) of the applicant has passed a resolution in accordance with its constitution authorising the bringing of the proceedings prior to bringing them.

(3) An applicant other than an unincorporated body of persons shall be regarded as having a sufficient interest in a matter (regardless of whether it is, or may be, directly or indirectly materially affected by the matter) where the applicant—

(a) made submissions of a material nature to or before the relevant body whose decision, act or failure is at issue in the proceedings, and

(b) made the submissions referred to in paragraph (a) in accordance with the requirements applicable to such submissions.

(4) Without prejudice to subsection (1), an unincorporated body of persons shall not be regarded as having a sufficient interest in a matter to which a ground pleaded in Part 9 judicial review proceedings relates, unless—

(a) it is a partnership within the meaning of the Partnership Act 1890,

(b) it is a limited partnership within the meaning of the Limited Partnerships Act 1907,

(c) it may sue or be sued in the High Court in its own name under Order 14 of the Rules of the Superior Courts (S.I. No. 15 of 1986), or

(d) the body—

(i) has a constitution,

(ii) holds a vote among its members, in accordance with its constitution, on whether to apply for Part 9 judicial review proceedings in relation to the ground,

(iii) is authorised to bring the proceedings in relation to the ground by no less than two thirds of the members casting a vote, and

(iv) provides, with its application for Part 9 judicial review proceedings, an affidavit sworn or attested to by a person on behalf of the body—

(I) in which the person avers to—

(A) the body’s compliance with subparagraphs (i) to (iii), and

(B) the total number of members of the body,

and

(II) to which is exhibited a list of the names and addresses of the members of the body who, in the vote referred to in subparagraph (ii), cast a vote in favour of bringing the proceedings.

(5) For the avoidance of doubt, a sufficient interest shall not be limited to an interest in land or a financial interest.

(6) In this section, “constitution”, in relation to an unincorporated body of persons or an undertaking that is not a company, means a written document that governs the operation of the body or undertaking in a manner comparable to the constitution of a company.

287. Part 9 judicial review - appeals

287. (1) The determination of the High Court of Part 9 judicial review proceedings, and any order made by the High Court in such proceedings, shall be final and no appeal shall lie from the decision of that Court to the Court of Appeal.

(2) No appeal to the Supreme Court shall lie from the determination of the High Court in Part 9 judicial review proceedings save on the basis of an application for leave to appeal under Article 34.5.4° of the Constitution.

(3) Subsection (2) shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

288. Amendments of decisions or documents subject to Part 9 judicial review

288. (1) This section applies to Part 9 judicial review proceedings in which an order of certiorari is sought and where—

(a) an applicant succeeds on at least one ground and the High Court is satisfied that—

(i) the ground concerned is based on an error with a decision or act, including an error on the face of the record, of a relevant body,

(ii) making an amendment to a decision or document would address the ground, render the ground moot in whole or in part, or act as a satisfactory remedy in respect of the ground, and

(iii) it is within the jurisdiction of the relevant body to make the amendment referred to in subparagraph (ii),

(b) in relation to a ground pleaded concerning an error, including an error on the face of the record, of a relevant body that is a respondent or notice party in the proceedings—

(i) the relevant body—

(I) admits or acknowledges that it made the error so pleaded, and

(II) pleads that the error is one in which it is appropriate for the High Court to exercise its powers under this section,

and

(ii) the High Court is satisfied that the error is one in which it is appropriate for it to exercise its powers under this section.

(2) Where this section applies, a court may, instead of granting an order of certiorari—

(a) order the relevant body to give effect to the amendment referred to in subparagraph (ii) of paragraph (a) of subsection (1), within such period as it may direct, which period shall be no longer than is necessary in order to give effect to the amendment,

(b) order an adjournment of the Part 9 judicial review proceedings in order for the relevant body to perform a function or exercise a power, and

(3) The power of the High Court under subsection (2) is without prejudice to its power to—

(a) award any remedy within its jurisdiction, other than an order of certiorari, in respect of the ground concerned, and

(b) award any remedy within its jurisdiction in respect of a ground to which subsection (1) does not apply.

(4) Where the High Court is satisfied that, after any period of adjournment referred to in paragraph (b) of subsection (2)—

(a) the relevant body has given effect to an order under that subsection, and

(b) doing so has addressed the ground to which such an order relates, or rendered it moot in whole or in part,

it may make an order striking out the ground.

289. Declarations of invalidity

289. Where the High Court considers that a decision, failure or act by a relevant body subject to Part 9 judicial review is invalid or ought to be quashed, it may, where it considers it appropriate to do so and without prejudice to its power to grant remedies referred to in paragraph (b) of subsection (1) of section 279, take any number of the following actions:

(a) declare to be invalid or quash any particular, provision or aspect of such decision, failure or act, without declaring invalid or quashing the remainder of the decision, failure or act;

(b) remit a matter to the relevant body in light of its order accompanied by, where the Court considers it appropriate, a direction to that body to take such additional steps, or refrain from taking such steps, as the Court may specify;

290. Provisions generally applicable to Part 9 judicial review

290. Part 9 judicial review proceedings, and an appeal from such proceedings, shall be determined by a court dealing with such matters as expeditiously as possible consistent with the administration of justice.

Chapter 2

291. Interpretation

291. In this Chapter—

“Aarhus Convention proceedings” means—

(a) Part 9 judicial review proceedings, and

(b) proceedings, other than Part 9 judicial review proceedings, in which an applicant challenges an act or omission by any person that contravenes a provision of this Act, or an enactment made under this Act, relating to the environment,

but does not include—

(i) a claim against any public body acting in a judicial or legislative capacity,

(ii) proceedings, or any part of proceedings, for which damages, arising from damage to persons or property, are sought, or

(iii) proceedings instituted by a body established by or under statute, a local authority within the meaning of the Local Government Act 2001 or a Minister of the Government;

“applicant” includes plaintiff;

“prescribed” means prescribed by regulations made by the Minister for the Environment, Climate and Communications, and “prescribe” shall be construed accordingly.

292. Application of Chapter

292. This Chapter applies to the following types of proceedings:

(a) Aarhus Convention proceedings;

(b) an appeal taken in relation to Aarhus Convention proceedings;

(d) a motion under section 298 in relation to Aarhus Convention proceedings;

(e) a reference under Article 267 of the Treaty on the Functioning of the European Union made by a court dealing with matters referred to in paragraph (a) or (b);

(f) interim or interlocutory applications arising from any proceedings or matters referred to in paragraphs (a) to (e).

293. Costs in relation to certain proceedings

293. (1) Notwithstanding section 169 of the Legal Services Regulation Act 2015 and Order 99 of the Rules of the Superior Courts (S.I. No. 15 of 1986), and subject to subsections (2), (3), (4) and (7) of section 298, each party (including a notice party) to proceedings to which this Chapter applies shall bear its own costs.

(2) Subject to subsection (7) of section 298, the costs of proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant in proceedings to which this Chapter applies to the extent that the applicant succeeds in obtaining relief, and any of those costs shall be borne by the respondent or notice party, or both of them, to the extent that the actions or omissions of the respondent or notice party, or both of them, contributed to the applicant obtaining relief.

(3) A court may order such costs as it considers reasonable to be paid by a party in proceedings to which this Chapter applies to another party in such proceedings where the court considers it appropriate to do so—

(a) because the court considers that a claim or counterclaim by the party is frivolous or vexatious,

(b) because the court considers that the proceedings are brought for the sole purpose of—

(i) delaying a development, or proposed development, to which the proceedings relate, or

(ii) securing the payment of money, gifts, consideration or other inducement, by any person to any other person,

(d) where the party is in contempt of court.

(4) The costs that a party is ordered to pay to an applicant under subsection (2) shall not exceed the monetary amount prescribed in respect of those costs under section 294 unless the court awarding such costs is satisfied that, due to the exceptional circumstances presented by a particular case—

(a) there is a reason of exceptional public importance for awarding costs exceeding that amount, and

(b) it is in the interests of justice to so award.

(5) An applicant taking proceedings to which this Chapter applies—

(a) shall not be obliged to provide security for costs, and

(b) shall not be obliged to give an undertaking as to damages.

294. Regulation of costs payable in respect of prescribed matters

294. (1) Subject to subsections (3) and (4) of section 293, and notwithstanding section 169 of the Legal Services Regulation Act 2015 and Order 99 of the Rules of the Superior Courts (S.I. No. 15 of 1986), the following shall be in accordance with the monetary amounts prescribed under subsection (2) in relation to each matter so prescribed:

(a) the costs awarded to an applicant, in respect of proceedings to which this Chapter applies and in which the applicant succeeds in obtaining relief;

(b) the contribution made from the environmental legal costs financial assistance mechanism to the costs of an applicant in relation to whom a determination under paragraph (b) or (c) of subsection (3) of section 297 and under paragraph (b) or (c) of subsection (4) of section 297 is made, in respect of proceedings to which this Chapter applies and in which the applicant does not succeed in obtaining relief, or succeeds in obtaining relief only in part;

(c) the contribution made from the environmental legal costs financial assistance mechanism to the costs awarded to the applicant under subsection (7) of section 298.

(2) The Minister for the Environment, Climate and Communications shall—

(a) after consulting with the Minister and the Minister for Justice, and

(b) with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform,

prescribe monetary amounts for the purposes of subsection (1), and in doing so may prescribe different such amounts in respect of any or all of the following:

(i) different types of legal work conducted by legal practitioners;

(ii) different types of legal proceedings and applications;

(iii) different court jurisdictions in which proceedings are taken;

(iv) proceedings of differing durations;

(v) work carried out by different categories of legal practitioners, including by reference to the amount of experience possessed by, and the nature of legal qualification of, the legal practitioner.

(3) Before making regulations under subsection (2), the Minister for the Environment, Climate and Communications shall have regard to—

(a) the need to ensure that proceedings to which this Chapter applies can be taken by applicants in a manner that is not prohibitively expensive,

(b) the need for equitable and orderly access to the courts for all persons to be ensured in accordance with law,

(c) the need to ensure that court and judicial resources are utilised for the common good and in the interests of justice, and

(d) the cost to the Exchequer of matters provided for in such regulations.

(4) The Minister for the Environment, Climate and Communications shall conduct a review of the monetary amounts prescribed in regulations made under subsection (2), in consultation with the Minister and the Minister for Justice, not less than once in every period of 5 years after the making of the regulations.

295. Environmental legal costs financial assistance mechanism

295. (1) On the coming into operation of this section there is established a scheme to be known as the environmental legal costs financial assistance mechanism, which shall be operated under and in accordance with this Chapter.

(2) The purpose of the environmental legal costs financial assistance mechanism is to contribute (in accordance with this Chapter and any regulations made under section 299) to the legal costs incurred by applicants that do not succeed in obtaining relief in proceedings to which this Chapter applies, or that succeed in obtaining such relief only in part.

(3) It shall be a function of the Minister for the Environment, Climate and Communications to operate and administer the environmental legal costs financial assistance mechanism, without prejudice to the power of that Minister to authorise another person, by regulations under section 299, to administer the environmental legal costs financial assistance mechanism for the time being on behalf of that Minister.

(4) Moneys payable under the environmental legal costs financial assistance mechanism shall be paid by the Minister for the Environment, Climate and Communications, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, out of moneys provided by the Oireachtas for the purposes of the environmental legal costs financial assistance mechanism.

(5) The expenses incurred by the Minister for the Environment, Climate and Communications in the administration of this Chapter shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

296. Applications for contribution to costs to be made from environmental legal costs financial assistance mechanism

296. (1) Subject to paragraph (b) of subsection (1) of section 294 and subsection (2), an applicant that does not succeed in obtaining relief in proceedings to which this Chapter applies, or that succeeds in obtaining such relief only in part, is entitled, in accordance with this Part and regulations made under section 299, to have a contribution made to the costs properly incurred by the applicant, in preparation for and representation at such proceedings, out of moneys provided under the environmental legal costs financial assistance mechanism.

(2) An applicant shall not be entitled to moneys from the environmental legal costs financial assistance mechanism—

(a) where the applicant (or the applicant when an intending applicant) fails to submit a statement of financial resources, in such form and manner as may be prescribed, to the relevant person, under subsection (1) of section 297,

(b) where the applicant (or the applicant when an intending applicant) fails to submit a statement of eligibility, in such form and manner as may be prescribed, to the relevant person under subsection (2) of section 297,

(c) where a determination is made in respect of the applicant (or the applicant when an intending applicant) under paragraph (a) of subsection (3) of section 297 or paragraph (a) of subsection (4) of section 297,

(d) where costs are awarded against the applicant under subsection (3) of section 293 in the proceedings,

(e) where the High Court makes an order in the proceedings, of its own motion or upon application to it under subsection (3), to the effect that—

(i) the proceedings, or any part of them, were frivolous or vexatious,

(ii) the manner in which the applicant conducted the proceedings is such as to render it inappropriate for moneys from the environmental legal costs financial assistance mechanism to be available to the applicant,

(iii) the proceedings were brought for the sole purpose of—

(I) delaying a development, or proposed development, to which the proceedings relate, or

(II) securing the payment of money, gifts, consideration or other inducement, by any person to any other person,

(iv) the party is, or has been at any time during the conduct of the proceedings to which the application relates, in contempt of court, or

(v) it would not be in the interests of justice for moneys from the environmental legal costs financial assistance mechanism to be available to the applicant,

(f) in relation to a ground pleaded in the proceedings in which the applicant did not have a sufficient interest, or

(g) where an order was made under subsection (2) of section 283 striking out the proceedings, or in respect of grounds in the proceedings in respect of which an order is made under paragraph (i) of subsection (4) of section 283.

(3) An application referred to in paragraph (e) of subsection (2)—

(a) may be made by—

(i) the Minister for the Environment, Climate and Communications,

(ii) the person authorised by regulations under section 299 to administer the environmental legal costs financial assistance mechanism for the time being on behalf of that Minister, or

(iii) any party to the proceedings,

and

(b) shall be made—

(i) where the application is made by a person other than the applicant in the proceedings to which that application relates, on notice to that applicant,

(ii) where the application is made by a person other than the Minister for the Environment, Climate and Communications, on notice to that Minister,

(iii) within 8 weeks of the determination of the proceedings, and

(iv) subject to any applicable rules of court.

(4) In this section, “relevant person” means—

(a) the Minister for the Environment, Climate and Communications, or

(b) the person authorised by regulations under section 299 to administer the environmental legal costs financial assistance mechanism for the time being on behalf of that Minister.

297. Application in respect of certain payments relevant to Aarhus Convention proceedings

297. (1) An applicant or intending applicant in Aarhus Convention proceedings may submit a statement of financial resources to the relevant person at any time before the initiation of the proceedings or during the proceedings.

(2) An applicant or intending applicant in Aarhus Convention proceedings may submit a statement of eligibility to the relevant person at any time before the initiation of the proceedings or during the proceedings.

(3) The relevant person shall, by reference to the statement of financial resources submitted under subsection (1) and in accordance with regulations under section 299, calculate the financial resources of the applicant or intending applicant and, as a result of such calculation, determine if the financial resources of the applicant or intending applicant are, having regard to amounts and calculations prescribed—

(a) sufficient to result in the applicant or intending applicant being disentitled to receive a contribution to costs paid from the environmental legal costs financial assistance mechanism,

(b) sufficient to result in the applicant or intending applicant being entitled to receive a contribution to costs paid from the environmental legal costs financial assistance mechanism only in respect of part of the costs incurred by the applicant or intending applicant, or

(c) of a level that the applicant or intending applicant is entitled to receive a contribution to costs paid from the environmental legal costs financial assistance mechanism in respect of the entirety of the costs incurred by the applicant or intending applicant.

(4) The relevant person shall, by reference to the statement of eligibility submitted under subsection (2), and in accordance with regulations under section 299, assess the eligibility of the applicant or intending applicant and as a result of that assessment determine whether the applicant or intending applicant is, having regard to the criteria of eligibility prescribed—

(a) disentitled to receive a contribution to costs paid from the environmental legal costs financial assistance mechanism,

(b) entitled to receive a contribution to costs paid from the environmental legal costs financial assistance mechanism in respect of part of the costs incurred by the applicant or intending applicant, or

(c) entitled to receive a contribution to costs paid from the environmental legal costs financial assistance mechanism in respect of the entirety of the costs incurred by the applicant or intending applicant.

(5) The relevant person—

(a) shall, having made a determination under subsection (3) or (4), notify the applicant or intending applicant of the determination within 28 days of the submission of the statement of financial resources or statement of eligibility (as the case may be), or within such other period as the Minister may prescribe,

(b) shall not make or authorise a payment from the environmental legal costs financial assistance mechanism to an applicant in the proceedings where a determination under paragraph (a) of subsection (3) or paragraph (a) of subsection (4) is made in respect of that applicant (or in respect of that applicant as an intending applicant in the proceedings, as the case may be), and

(c) shall not make or authorise a payment from the environmental legal costs financial assistance mechanism to an applicant in the proceedings where a determination under paragraph (b) or (c) of subsection (3) or paragraph (b) or (c) of subsection (4) is made in respect of that applicant (or in respect of that applicant as an intending applicant in the proceedings, as the case may be), other than in accordance with the determination and with the monetary amounts prescribed under section 294.

(6) The relevant person may require that the statement of financial resources or statement of eligibility submitted under this section be certified or attested as to its authenticity or correctness in such manner as the relevant person may reasonably require, including by a statutory declaration.

(7) Where Aarhus Convention proceedings are initiated, and a statement of financial resources is submitted under subsection (1) or a statement of eligibility is submitted under subsection (2), any party to the proceedings may apply for a stay on the proceedings until the determination under subsection (3) or (4) is made.

(8) A person who furnishes false or misleading information in a statement of financial resources or statement of eligibility under this section—

(a) shall not be entitled to a payment from the environmental legal costs financial assistance mechanism in respect of the proceedings to which the false or misleading information relates, and

(b) is guilty of an offence.

(9) This section is without prejudice to section 151 of the Legal Services Regulation Act 2015, or any other rule of law or practice providing for the right of an applicant or intending applicant to enter into an agreement with a legal practitioner concerning the amount, manner or circumstances of payment of all or part of the legal costs that are or may be payable by the applicant or intending applicant to the legal practitioner for legal services provided in relation to a matter.

(10) In this section “relevant person” means—

(a) the Minister for the Environment, Climate and Communications, or

(b) the person authorised by regulations under section 299 to administer the environmental legal costs financial assistance mechanism for the time being on behalf of that Minister.

298. Application for determination of application of Chapter to proceedings

298. (1) A party to proceedings to which this Chapter applies may at any time before, or during the course of, the proceedings apply to the High Court for a determination that this Chapter applies to the proceedings or to part of the proceedings.

(2) Where an application is made under subsection (1), the Court may make a determination that this Chapter applies to those proceedings or to part of the proceedings.

(3) Without prejudice to subsection (1), the parties to proceedings referred to in that subsection may, at any time, agree that this Chapter applies to those proceedings or to part of the proceedings.

(4) Before proceedings to which this Chapter applies are instituted, the persons who would be the parties to those proceedings if those proceedings were instituted may, before the institution of the proceedings and without prejudice to subsection (1), agree that this Chapter applies to those proceedings or to part of the proceedings.

(5) An application under subsection (1) shall be by motion on notice—

(a) to the parties concerned, and

(b) to—

(i) the person authorised by regulations under section 299 to administer the environmental legal costs financial assistance mechanism for the time being on behalf of the Minister for the Environment, Climate and Communications, or

(ii) where no such person is so authorised, the Minister for the Environment, Climate and Communications.

(6) Where a determination is made under subsection (2), or an agreement is made under subsection (3) or (4), the applicant, or the person who would be the applicant if the proceedings were instituted, shall notify—

(ii) where no such person is so authorised, the Minister for the Environment, Climate and Communications,

of the determination or agreement, as the case may be.

(7) Where an applicant in proceedings to which this Chapter applies makes an application under subsection (1), the costs of making the application shall, regardless of the determination made by a court under this section, be awarded to the applicant.

(8) The applicant is entitled, in accordance with this Part and regulations made under section 299, to have a contribution made, in respect of the entirety of the costs, to the costs properly incurred by the applicant, in preparation for and representation at an application under this section, out of moneys provided under the environmental legal costs financial assistance mechanism.

299. Further provisions relevant to environmental legal costs financial assistance mechanism

299. (1) The Minister for the Environment, Climate and Communications may—

(a) after consulting with the Minister and the Minister for Justice, and

(b) with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform,

make regulations for the purpose of enabling this Chapter to have full effect.

(2) Before making regulations under subsection (1), the Minister for the Environment, Climate and Communications shall have regard to—

(a) the need to ensure that proceedings to which this Chapter applies can be taken by applicants in a manner that is not prohibitively expensive,

(b) the need for equitable and orderly access to the courts for all persons to be ensured in accordance with law,

(c) the need to ensure that court and judicial resources are utilised for the common good and in the interests of justice, and

(d) the cost to the Exchequer of matters to be provided for in such regulations.

(3) Without prejudice to the generality of subsection (1), the Minister for the Environment, Climate and Communications may, by regulations under that subsection, do one or more of the following:

(a) authorise one or more persons to administer the environmental legal costs financial assistance mechanism, or such aspects of the mechanism as the Minister for the Environment, Climate and Communications may prescribe;

(b) prescribe the means by which rates payable under the environmental legal costs financial assistance mechanism are calculated;

(c) prescribe the manner in which, and means by which, payments under the environmental legal costs financial assistance mechanism are made, and the information (including an itemised list of the payments made from the environmental legal costs financial assistance mechanism in respect of particular matters or items) that shall accompany such payments;

(d) prescribe categories of legal practitioners who may participate in the environmental legal costs financial assistance mechanism;

(e) prescribe requirements applicable to or incumbent upon legal practitioners in order to avail of moneys made available from the environmental legal costs financial assistance mechanism;

(f) provide for the keeping of records and accounts regarding the operation of the environmental legal costs financial assistance mechanism;

(g) prescribe the power of a court to make orders consequential on, or ancillary to, any matter prescribed;

(h) make further provision for the manner in which payments made from the environmental legal costs financial assistance mechanism may be adjudicated upon, whether by the Office of the Legal Costs Adjudicators or otherwise;

(i) prescribe the form and manner in which, and the period within which, an application to the environmental legal costs financial assistance mechanism shall be made;

(j) prescribe the form and manner in which information shall be submitted for the purpose of calculating an applicant’s or intending applicant’s financial resources, or determining an applicant’s or intending applicant’s eligibility, under section 297;

(k) prescribe the level of financial resources for the purposes of the making of a determination under subsection (3) of section 297, including different levels of financial resources for different classes of applicants or intending applicants referred to in that section;

(l) prescribe the information to be submitted for the purpose of calculating an applicant’s or intending applicant’s financial resources under section 297, including different categories of information in respect of different classes of applicant or intending applicant referred to in that section;

(m) prescribe the resources that may be considered to constitute the financial resources of an applicant or intending applicant for the purposes of section 297, including:

(i) different resources for different classes of applicants or intending applicants;

(ii) where the applicant or intending applicant is not a natural person, resources of a person connected (in such manner as may be prescribed) to the applicant or intended applicant;

(n) prescribe the manner in which the financial resources of an applicant or intending applicant are to be calculated for the purposes of subsection (3) of section 297;

(o) prescribe criteria of eligibility, and the form and manner of assessing such criteria, for the purpose of determining under subsection (3) of section 297 whether an applicant or intending applicant is entitled or disentitled to a contribution to the entirety, or part, of the costs properly incurred by the applicant or intending applicant from the environmental legal costs financial assistance mechanism, including:

(i) compliance or lack of compliance by the applicant or intending applicant with a statutory requirement that applies to the applicant or intending applicant;

(ii) whether, in the opinion of the relevant person (within the meaning of section 297), the applicant or intending applicant is likely to be considered to have a sufficient interest in matters to which the proceedings relate;

(iii) whether the applicant or intending applicant, in the opinion of the relevant person (within the meaning of section 297), is reasonably likely to obtain relief in the proceedings;

(iv) whether the applicant or intending applicant, in the opinion of the relevant person (within the meaning of section 297), was in a position to make, but did not make, submissions of a material nature that would have avoided the initiation of the proceedings, to or before the relevant body whose decision, act or failure is at issue in the proceedings;

(v) whether, in the opinion of the relevant person (within the meaning of section 297), a reasonably prudent applicant or intending applicant, would be likely to seek the services of a legal practitioner for the proceedings at the applicant’s or intending applicant’s own expense, where such services, while representing a financial obstacle, would not be such as to impose undue hardship upon the applicant or intending applicant;

(vi) whether, in the opinion of the relevant person (within the meaning of section 297), a legal practitioner acting reasonably would be likely to advise the applicant or intending applicant to obtain legal representation for the proceedings at the applicant’s or intending applicant’s own expense;

(vii) whether, in the opinion of the relevant person (within the meaning of section 297), the proceedings are the most satisfactory means (having regard to all the circumstances of the case) by which the result sought by the applicant or intending applicant may be achieved;

(viii) whether (having regard to all the circumstances of the case) it is reasonable that the applicant or intending applicant is entitled or disentitled to a contribution to such costs;

(p) prescribe the form and manner in which, and the person to which, an appeal from a determination under subsection (3) or (4) of section 297 may be made, and the procedures applicable to the conduct of the appeal.

300. Provisions applicable to regulations under Chapter

300. (1) Every regulation made by the Minister for the Environment, Climate and Communications under section 294 or 299—

(a) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder, and

(b) may contain such incidental, supplementary and consequential provisions as appear to the Minister for the Environment, Climate and Communications to be necessary or expedient for the purposes of the regulations.

(2) Without prejudice to paragraphs (a) and (b) of subsection (2) of section 294 and paragraphs (a) and (b) of subsection (1) of section 299, the Minister for the Environment, Climate and Communications may, before making regulations under this Chapter, consult with any person that Minister considers appropriate.

301. Amendment of Environment (Miscellaneous Provisions) Act 2011

301. The Environment (Miscellaneous Provisions) Act 2011 is amended, in subsection (3) of section 4—

(a) in paragraph (a), by the substitution of “sought,” for “sought, or”,

(b) in paragraph (b), by the substitution of “Government, or” for “Government.”, and

“(c) to proceedings to which Chapter 2 of Part 9 of the Planning and Development Act 2024 applies.”.

302. Provision for certain legal costs in relation to environmental matters

302. The Legal Services Regulation Act 2015 is amended—

(a) in subsection (2) of section 150—

(i) in paragraph (a), by the substitution of “concerned,” for “concerned, or”,

(ii) in paragraph (b), by the substitution of “calculated, or” for “calculated.”, and

(iii) by the insertion of the following paragraph after paragraph (b):

“(c) where the instructions relate to proceedings to which Chapter 2 of Part 9 of the Planning and Development Act 2024 applies, indicate whether or not the legal practitioner is willing to charge fees to the client, in respect of any item of legal work carried out in relation to the matter, only in accordance with the monetary amount standing prescribed under section 294 of the Planning and Development Act 2024 in respect of the item.”,

(b) in subsection (2) of section 154, by the substitution of “Subject to section 154A, where” for “Where”,

“154A. (1) Subject to subsection (2), where a person who is the subject of an order to pay costs in respect of relevant proceedings receives a bill of costs prepared in accordance with subsection (1) of section 154, that person shall not apply to the Chief Legal Costs Adjudicator for adjudication on any matter or item other than the following:

(a) that a matter or item claimed in the bill of costs is not in accordance with a monetary amount standing prescribed, under section 294 of the Planning and Development Act 2024, in relation to that matter or item;

(b) that the matter or item represents work that was actually done.

(2) Subsection (1) shall not apply to a matter or item in relevant proceedings where the matter or item is wholly unrelated to—

(a) Part 9 judicial review proceedings (within the meaning of Part 9 of the Planning and Development Act 2024), or

(b) proceedings, other than those referred to in paragraph (a), in which an applicant challenges an act or omission by any person that contravenes a provision of the Planning and Development Act 2024 relating to the environment.

(3) In this section ‘relevant proceedings’ has the meaning it has in section 157.

154B. (1) This section applies where a person makes an application for a payment from the environmental legal costs financial assistance mechanism in accordance with Chapter 2 of Part 9 of the Planning and Development Act 2024 and any regulations made thereunder.

(2) Subject to subsection (3), where this section applies, a relevant person may, as if the relevant person were a party to the proceedings in question, apply to the Chief Legal Costs Adjudicator for adjudication upon the bill of costs, or any matter or item in that bill of costs, submitted with the person’s application for the payment.

(3) An application under subsection (2) shall not be made for adjudication on any matter or item other than the following:

(b) that the matter or item represents work that was actually done.

(4) An application under subsection (2) may be made at any time before a payment is made to a person from the environmental legal costs financial assistance mechanism.

(5) In this section—

‘environmental legal costs financial assistance mechanism’ has the meaning it has in Part 9 of the Planning and Development Act 2024;

‘relevant person’ means—

(a) the Minister for the Environment, Climate and Communications, and

(b) the person authorised by regulations under section 299 of the Planning and Development Act 2024 to administer the environmental legal costs financial assistance mechanism for the time being on behalf of the Minister for the Environment, Climate and Communications.”,

(d) in section 155—

(i) in subsection (3), by the substitution of “Subject to subsection (7), in determining” for “In determining”,

(ii) in subsection (4), by the substitution of “shall, subject to subsection (7),” for “shall,”, and

(iii) by the insertion of the following subsection after subsection (6):

“(7) In determining an application for the adjudication of legal costs in relation to an order to pay costs in respect of relevant proceedings (within the meaning of section 157), the Legal Costs Adjudicator shall consider the following:

(a) whether a matter or item claimed in the bill of costs is in accordance with a monetary amount standing prescribed, under section 294 of the Planning and Development Act 2024, in relation to that matter or item;

(b) that the matter or item represents work that was actually done.”,

(e) in section 157—

(i) in subsection (3), by the substitution of the following paragraphs for paragraphs (a) and (b):

“(a) charging in respect of the item is fair and reasonable in the circumstances,

(b) the amount charged in the bill of costs in respect of that item is fair and reasonable in the circumstances, and

(c) where the item relates to relevant proceedings, that the amount charged is in accordance with a monetary amount prescribed, under section 294 of the Planning and Development Act 2024, in respect of such item.”,

(ii) in subsection (4), by the substitution of “Subject to subsection (4A), a Legal Costs Adjudicator shall” for “A Legal Costs Adjudicator shall”,

(iii) by the insertion of the following subsection after subsection (4):

“(4A) A Legal Costs Adjudicator shall not determine a different amount to be charged in respect of an item under subsection (4) where—

(a) the item in question relates to relevant proceedings,

(b) a monetary amount stands prescribed, under section 294 of the Planning and Development Act 2024, in respect of the item, and

and

(iv) by the insertion of the following subsection after subsection (10):

“(11) In this section ‘relevant proceedings’ means proceedings—

(a) to which Chapter 2 of Part 9 of the Planning and Development Act 2024 applies, and

(b) in relation to which a court has not made an order under subsection (3) or (4) of section 293 of that Act.”,

and

(f) in subsection (5) of section 169, by the substitution of “2000, Part 2 of the Environment (Miscellaneous Provisions) Act 2011 or Chapter 2 of Part 9 of the Planning and Development Act 2024” for “2000 or Part 2 of the Environment (Miscellaneous Provisions) Act 2011”.

Chapter 3

303. Continued application of sections 50, 50A and 50B of Act of 2000 for limited period

303. (1) Section 50 of the Act of 2000 shall apply and have effect in relation to a decision or an act of a planning authority or the Commission under this Act, or that vests in the planning authority or the Commission by virtue of this Act, subject to the following modifications:

(a) references to the Act of 2000 shall be construed as including references to this Act,

(b) the reference, in paragraph (b) of subsection (2), to a function transferred under Part XIV of the Act of 2000 shall be construed as including a reference to a function vested in the Commission under or by virtue of Part 14 of this Act,

(c) the reference, in paragraph (c) of subsection (2), to section 214 of the Act of 2000 shall be construed as including a reference to section 410 of this Act,

(d) the reference, in subsection (3), to Chapter I or II of Part VI of the Act of 2000 shall be construed as including a reference to Part 17 of this Act,

(e) in subsection (7)—

(i) the reference to functions transferred under Part XIV of the Act of 2000 shall be construed as including a reference to functions vested under or by virtue of Part 14 of this Act, and

(ii) the reference to section 214 of the Act of 2000 shall be construed as including a reference to section 410 of this Act,

and

(f) references to the Board shall be construed as references to the Commission.

(2) Section 50A of the Act of 2000 shall apply and have effect in relation to a decision or an act of a planning authority or the Commission under this Act as they apply and have effect in relation to a decision or an act of a planning authority or the Commission under the Act of 2000, subject to the following modifications:

(a) references to the Act of 2000 shall be construed as including references to this Act,

(b) the reference, in subparagraph (ii) of paragraph (b) of subsection (3), to section 176 of the Act of 2000 shall be construed as including a reference to section 225 of this Act,

(i) the reference to section 37(4)(c) of the Act of 2000 shall be construed as including a reference to paragraph (b) of subsection (2) of section 102,

(ii) the reference to section 37(4)(d)(iii) of the Act of 2000 shall be construed as including a reference to subparagraph (ix) of paragraph (f) of subsection (2) of section 183, and

(iii) the reference to section 37(4)(e)(iv) of the Act of 2000 shall be construed as including a reference to clause (IV) of subparagraph (ix) of paragraph (f) of subsection (2) of section 183,

and

(d) references to the Board shall be construed as references to the Commission.

F17[(3) (a)Section 50Bof theAct of 2000shall apply and have effect in relation to a decision or an act of a local authority (including in its capacity as a planning authority) or the Commission under this Act as it applies and has effect in relation to a decision or an act of a local authority or the Commission under theAct of 2000.

(b) This subsection shall cease to have effect upon the coming into operation ofChapter 2.]

F17[(4) This section (other thansubsection (3)) shall cease to have effect upon the coming into operation ofChapter 1.]

304. Amendment of sections 50 and 50B of Act of 2000

304. (1) Section 50 of the Act of 2000 is amended, in subsection (2), by the substitution of the following paragraph for paragraph (d):

“(d) the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019) in the performance or purported performance of any of its functions or the Commission in the performance or purported performance of its functions as the body to which an appeal from a decision of the said competent authority may be brought,”.

(2) Section 50B is amended, in paragraph (a) of subsection (1), by—

(a) the substitution of the following subparagraph for subparagraph (I):

“(I) a provision of the Environmental Impact Assessment Directive (within the meaning of the Planning and Development Act 2024) to which, by virtue of paragraph 1 of Article 11 of that Directive, the said Article 11 is subject,”,

(b) the substitution, in subparagraph (II), of “environment,” for “environment, or”,

“(III) a provision of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010^20 on industrial emissions (integrated pollution prevention and control) to which, by virtue of paragraph 1 of Article 25 of that Directive, Article 24 of that Directive is subject, or”,

and

(d) the substitution of the following subparagraph for subparagraph (IV):

“(IV) paragraph 3 or 4 of Article 6 of the Habitats Directive (within the meaning of the Planning and Development Act 2024);”.

PART 10 Architectural Heritage

Chapter 1

305. Interpretation and general

305. (1) In this Part—

“endanger”, in relation to a protected structure or proposed protected structure, includes exposing a structure to harm, decay or damage, whether immediately or over a period of time, through neglect or through direct or indirect means, and causing damage to the structure;

“protection”, in relation to a protected structure (or part of such a structure) or a proposed protected structure (or part of such a structure), includes conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part.

(2) In relation to a period of time referred to in this Part, where it appears to the Minister to be necessary to do so in the interests of the proper functioning of this Act or for other reasons that the Minister considers to be of serious public importance, the Minister may prescribe a period of time, either generally or in relation to such class of cases as may be prescribed, other than that so referred to.

(3) Notwithstanding section 398, where a person to whom a planning authority is required to give or serve notice or information under section 310, subsection (1) of section 312, subsection (1) of section 313, subsection (1) of section 314, subsection (3) of section 336 or subsection (1) of section 339 is not given or served such notice or information—

(a) that shall not of itself, where the authority has made efforts in good faith to identify and serve or notify all such persons, invalidate the procedure to which the notice or information relates, or prevent the authority from exercising its functions on foot of that notice,

(b) the person may, at any time before the decision of the authority to which the notice or information relates is made, apply in writing to the authority requesting that they be provided with the notice or information and any documents that should have been referred to in, or should have accompanied, the notice or information, and

(c) the authority shall, where satisfied that the request under paragraph (b) is made by a person to whom a planning authority was required to give notice or information, comply with the request.

306. Record of protected structures

306. (1) A planning authority shall prepare and maintain a record (in this Act referred to as a “record of protected structures”) of every structure, part of a structure and specified feature within the attendant grounds of a structure within its functional area that, in the opinion of the planning authority, forms part of the architectural heritage of the area and is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.

(2) The Minister shall prescribe the form of a record of protected structures.

(3) A record of protected structures, reflecting any addition, deletion or amendment made to the record from time to time in accordance with this Chapter, shall form part of a development plan made under section 55, or any variation of a development plan made under section 58.

(4) Where a record of protected structures made by a planning authority under section 51 of the Planning and Development Act 2000 is in force at the time this section comes into operation, that record shall be deemed, on that date, to be a record of protected structures prepared under this section.

F18[(5)Sections 54and55of theAct of 2000shall, on and after the repeal of those sections bysection 6, continue to apply and have effect in relation to a record of protected structures included in—

(a) a development plan continued in force by virtue ofsection 68, and

(b) a development plan prepared, or varied, in accordance withsection 69.]

307. Additions to and deletions from record of protected structures

307. (1) At any time after preparing a record of protected structures under section 306, a planning authority may—

(a) add a structure, a specified part of a structure or a specified feature within the attendant grounds of a structure to the record of protected structures where the authority considers the structure, the part, or the feature, as the case may be, to be of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value,

(b) delete a structure, a specified part of a structure or a specified feature within the attendant grounds of a structure from the record of protected structures where the authority considers that the protection of the structure, part or feature, as the case may be, is no longer warranted having regard to—

(i) the special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value of the structure, part or feature, as the case may be, and

(ii) the proper planning and sustainable development of the area,

(c) make an amendment (other than an addition or deletion) to the details of a structure on the record of protected structures.

(2) The making of an addition to, deletion from or amendment to a record of protected structures under subsection (1) shall be a reserved function.

(3) A planning authority may make an addition, deletion or amendment under subsection (1)—

(a) where a recommendation has been made under section 308 regarding the addition, deletion or amendment, subject to that section,

(b) in any other case, at its discretion.

308. Recommendations to planning authorities concerning specific structures

308. (1) The Minister may, in writing, make a recommendation (in this section referred to as a “recommendation”) to a planning authority concerning—

(a) the addition of any or all of the following to the record of protected structures:

(i) particular structures;

(ii) specified parts of particular structures;

(iii) specified features within the attendant grounds of particular structures,

(b) a deletion from the record of protected structures, or

(2) Within 4 weeks of receiving a recommendation, a planning authority shall cause notice of the recommendation to be published in at least one newspaper circulating in its functional area.

(3) Where a recommendation relates to an addition to the record of protected structures, the notice under subsection (2) shall set out a summary of the obligations under section 311 of owners and occupiers of structures to which the notice relates.

(4) A planning authority shall, within 12 weeks of receiving a recommendation, decide whether to—

(a) follow the recommendation,

(b) decline to follow the recommendation, or

(5) Where a planning authority fails to make a decision under subsection (4) within the period referred to in that subsection, the planning authority shall be bound by the recommendation and shall comply with section 309 as soon as practicable after the expiry of that period.

(6) Making a decision under subsection (4) shall be a reserved function.

(7) In making a decision under subsection (4), the planning authority shall consider the proper planning and sustainable development of the area.

(8) Section 53 of the Act of 2000 shall continue to apply and have effect, on and after the repeal of that section by section 6, in relation to a recommendation under the said section 53.

309. Procedure for making additions, deletions and amendments to record of protected structures

309. (1) A planning authority shall not make an addition to, deletion from or amendment to the record of protected structures, including where it has decided to follow a recommendation under section 308, other than in accordance with this section or in the course of a review of the development plan under section 42.

(2) A planning authority that proposes, at any time other than in the course of making its development plan under section 55, to make an addition to, a deletion from or amendment to the record of protected structures shall, having considered the effect (if any) of making the proposed addition, deletion or amendment under subsection (4) of section 9—

(a) serve a notice on each person who is the owner or occupier of, and any person appearing to the authority to have an interest in, the protected structure or proposed protected structure, as the case may be, of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment,

(b) send particulars of the proposed addition, deletion or amendment to the Minister and to any prescribed body, and

(c) cause notice of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment, to be published in at least one newspaper circulating in its functional area.

(3) A notice under paragraph (a) or (c) of subsection (2) shall state the following:

(a) that particulars of the proposed addition, deletion or amendment may be inspected at a specified place, during a period to be specified by the planning authority of not less than 8 weeks;

(b) that, during the period specified under paragraph (a), any person may make written submissions on the proposed addition, deletion or amendment to the planning authority in the manner specified in the notice, and that any such submissions shall be taken into consideration by the planning authority before making a decision on the addition, deletion or amendment concerned;

(c) that, during the period specified under paragraph (a), each owner or occupier of the structure to which the addition, deletion or amendment relates may request the planning authority, in the manner specified in the notice, to define the curtilage of the structure, and features within the attendant grounds of the structure, to which the addition, deletion or amendment relates, if not already specified in the notice, and that details of such curtilage and features shall be included in the record of protected structures where the proposed addition, deletion or amendment is approved by the members of the planning authority;

(d) whether or not the proposed addition, deletion or amendment was the subject of a recommendation under subsection (1) of section 308;

(e) a summary of the obligations, under section 311, of owners and occupiers of structures to which the notice relates;

and the planning authority shall allow for the inspection referred to in paragraph (a), the making of submissions under paragraph (b) and the making of requests under paragraph (c) in accordance with the notice.

(4) Where the proposed addition, deletion or amendment was the subject of a recommendation under subsection (1) of section 308, the planning authority shall, as soon as practicable after the expiry of the period specified in the notice under paragraph (a) of subsection (3), provide the Minister with—

(a) a copy of all submissions made in accordance with paragraph (b) of subsection (3), and

(b) a copy of all requests made in accordance with paragraph (c) of subsection (3).

(5) The Minister may provide written observations to the planning authority concerning submissions made under paragraph (b) of subsection (3), or requests made under paragraph (c) of subsection (3), not later than 4 weeks from the date on which the Minister receives a copy of such submission or request under subsection (4).

(6) Not later than 6 weeks after the expiry of—

(a) the period referred to in subsection (5), where the proposed addition, deletion or amendment was the subject of a recommendation under subsection (1) of section 308, or

(b) the period referred to in paragraph (a) of subsection (3), in any other case,

the chief executive of a planning authority shall prepare a report in accordance with subsection (8) and submit the report to the members of the authority for their consideration.

(7) A chief executive’s report submitted under subsection (6) shall be published on the website of the planning authority concerned as soon as practicable following its submission to the members of the authority.

(8) A report under subsection (6) shall—

(a) provide a summary of the proposal made by the planning authority under subsection (2),

(b) where the Minister has made a recommendation under section 308, provide a summary of the recommendation,

(d) provide a summary of all submissions or requests made in accordance with a notice under subsection (3),

(e) where the Minister has made an observation under subsection (5), provide a summary of that observation,

(f) provide a summary of the response of the chief executive to any submissions received by the planning authority under paragraph (b) of subsection (3), and to observations under subsection (5),

(g) provide a summary of the response of the chief executive to any request received by the planning authority under paragraph (c) of subsection (3),

(h) provide a summary of the response of the chief executive to the issues raised either in respect of the proposal made by the planning authority under subsection (2) or the recommendation under subsection (1) of section 308, taking account of any relevant national planning statements,

(i) include a recommendation from the chief executive on whether the members of the planning authority should—

(i) support the addition, deletion or amendment,

(ii) support the addition, deletion or amendment subject to modifications, or

(iii) not support the addition, deletion or amendment.

(9) Not later than 6 weeks after the submission of the chief executive’s report under subsection (6), the members of the planning authority shall, having regard to the report, decide—

(a) whether or not the proposed addition, deletion or amendment should be made to the record of protected structures,

(b) where a request has been made in accordance with paragraph (c) of subsection (3), the extent of the curtilage and features within the attendant grounds to be recorded in the record of protected structures, and

(10) The members of the planning authority shall, by resolution—

(a) accept the addition, deletion or amendment, reject it, or accept it subject to modifications,

(b) where requested to do so in accordance with paragraph (c) of subsection (3), accept, reject, or accept subject to modification the request to define the extent of the curtilage and features within the attendant grounds in the record of protected structures, and

(c) where accepted (with or without modifications), make the addition, deletion or amendment to the record of protected structures in accordance with the resolution accepting the addition, deletion or amendment.

(11) Where the proposed addition, deletion or amendment was the subject of a recommendation under section 308, the planning authority shall inform the Minister in writing of a decision under subsection (10) as soon as practicable after making it.

(12) A planning authority shall, no later than 2 weeks from the date on which a resolution under subsection (10) is made—

(a) where the resolution relates to an addition, deletion or amendment, serve notice of the resolution on the owner and occupier of the structure to which the addition, deletion or amendment relates,

(b) where a resolution is made under paragraph (b) of subsection (10) defining the extent of the curtilage or features within the attendant grounds of a structure, serve on the owner and occupier of any lands identified as lying within such curtilage or grounds—

(i) notice of the resolution, and

(ii) a map illustrating the curtilage or features to which the resolution relates,

(d) make a copy of the resolution available—

(i) for inspection and purchase during office hours of the planning authority, and

(ii) in electronic form including by placing a copy of the resolution on the planning authority’s website.

310. Declarations relevant to works relating to protected structures or proposed protected structures

310. (1) An owner or occupier of a protected structure or proposed protected structure, or a relevant person in relation to such structure, may make a written request to the planning authority within whose functional area the structure is situated for one or more of the following declarations (each of which is referred to in this section as a “declaration”):

(a) a declaration as to whether the authority considers that specified works identified in detail in the request would materially affect the character of the structure or of any element of that structure;

(b) a declaration setting out—

(i) features within the attendant grounds of the structure that are to be protected, and

(ii) the extent of the curtilage of the structure.

(2) (a) A request under subsection (1) shall be accompanied by all such information and documentation as is necessary to enable the planning authority to perform its functions under this section in relation to the request.

(b) For the purposes of the performance of its functions under this section, a planning authority may, by notice in writing, require a person who makes a request under subsection (1) to provide the planning authority with such further information and documentation as it specifies in the notice not later than 12 weeks (or such longer period as may be prescribed) from the date of the notice.

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