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

(f) state that any costs reasonably incurred by the enforcement authority in relation to any enforcement notice or the investigation of, or bringing and prosecution of proceedings for, an offence referred to in paragraph (e) may be recovered from the person on whom any such notice is served.

(3) (a) An enforcement authority shall, not later than 2 weeks after the service by it of a warning letter in accordance with this section, notify in writing any person who made a planning complaint that caused the enforcement authority to serve such warning letter of such service.

(b) The failure by an enforcement authority to comply with paragraph (a) shall not operate to invalidate the warning letter concerned.

(4) Nothing in this section shall prevent an enforcement authority from carrying out any investigations or communicating with any person before serving a warning letter in accordance with this section.

(5) Where a warning letter has been served, the following provisions shall apply:

(a) it shall be the duty of the enforcement authority to decide as expeditiously as possible (but not later than 12 weeks from the expiration of the period or extended period or periods, as the case may be, referred to in paragraph (b) of subsection (2) for the making of submissions or observations) whether or not to serve an enforcement notice;

(b) where it appears to the enforcement authority that, having regard to the particular circumstances of the matter, it would not be possible or appropriate to comply with paragraph (a), the enforcement authority shall, before the expiration of the period of 12 weeks referred to in that paragraph, notify in writing all persons served with the warning letter, and any person who made a planning complaint, of—

(i) the reasons therefor, and

(ii) the date by which the enforcement authority intends to decide whether or not to serve an enforcement notice;

(c) an enforcement authority shall take all such steps as are necessary or expedient for the purpose of enabling it to decide whether or not to serve an enforcement notice by the date specified in any notification under paragraph (b).

(6) A warning letter shall be withdrawn by the enforcement authority where—

(a) the enforcement authority decides not to serve an enforcement notice, or

(b) the enforcement authority fails to decide whether or not to serve an enforcement notice before—

(i) the expiration of the period of 12 weeks referred to in paragraph (a) of subsection (5), or

(ii) the date specified in a notification under paragraph (b) of that subsection,

whichever occurs later.

(7) The withdrawal of a warning letter or the failure by the enforcement authority to make a decision to which subsection (5) applies shall not operate to prevent—

(a) the service of a subsequent warning letter,

(b) the service of an urgent enforcement notice,

(d) the performance of any other function by the enforcement authority,

in relation to any development, proposed development or otherwise anticipated development in respect of which the first-mentioned warning letter was served.

350. Enforcement notice

350. (1) Subject to section 348, an enforcement authority that is of the opinion that unauthorised development has been, is being or is likely to be carried out or continued, may serve a notice (in this Part referred to as an “enforcement notice”) on—

(a) the person carrying out the development concerned, and

(b) any person (other than a Minister of the Government) who, in the opinion of the enforcement authority—

(i) is the owner or occupier of the land or maritime site on which the development is situated or proposed to be situated, or

(ii) may be concerned with the matters to which the notice relates.

(2) An enforcement notice shall refer to the land or maritime site concerned and shall—

(a) in the case of development that is not the subject of a grant of permission, require that that development cease or not be commenced, as appropriate,

(b) in the case of development for which permission has been granted, require that the development proceed in accordance with the permission, and with any condition to which the permission is subject,

(i) the Dublin Docklands Development Authority under subparagraph (ii) of paragraph (a) of subsection (7) of section 25 of the Dublin Docklands Development Authority Act 1997, or

(ii) the Custom House Docks Development Authority under paragraph (b) of subsection (6) of section 12 of the Urban Renewal Act 1986,

require that the development be carried out in accordance with the planning scheme (in respect of which the development was certified to be consistent) made under that Act and any conditions to which the certificate is subject,

(d) require such steps (including, where appropriate, the removal, demolition or alteration of any structure, the discontinuance of any use and, in so far as is practicable, the restoration of the land or maritime site to the condition that it was in prior to the commencement of the development) as may be specified in the enforcement notice to be taken by the person or persons on whom the enforcement notice is served within a specified period,

(e) inform the person or persons served with the enforcement notice that, if the steps specified in the notice to be taken are not taken within the period specified under paragraph (d) or within such extended period as the enforcement authority may specify—

(i) members of staff of the enforcement authority may enter on the land or maritime site and take such steps (including the removal, demolition or alteration of any structure) as it considers necessary and recover any expenses reasonably incurred by it in that behalf, and

(ii) such person or persons shall have committed an offence,

(f) specify the matters in respect of which the enforcement authority is required to be satisfied in accordance with subsection (6) before granting an extension under that subsection of a period referred to in paragraph (d) and that it may impose conditions in relation to any such extension, and

(g) require the person or persons served with the notice to refund to the enforcement authority the costs and expenses reasonably incurred by the enforcement authority in relation to the investigation of the matter and the service of the enforcement notice concerned and any warning letter under section 349, including costs incurred in respect of the remuneration and other expenses of members of staff of the enforcement authority, and any consultants or advisers engaged by the authority in that behalf.

(3) Where an enforcement notice is served under this section, the enforcement authority shall notify in writing any person who made a planning complaint and any other person who, in the opinion of the enforcement authority, may be concerned with the matter to which the notice relates (not being a person on whom the enforcement notice was served) of the service of the notice.

(4) The failure by the enforcement authority to comply with subsection (3) shall not render the enforcement notice concerned invalid.

(5) If, subsequent to the service of the enforcement notice, the enforcement authority becomes aware—

(a) that any person not already served with the notice may be carrying out development, or

(b) of any person who, in the opinion of the enforcement authority, may be—

(i) the owner or occupier of the land or maritime site concerned, or

(ii) concerned with the matters to which the notice relates,

the enforcement authority may serve the enforcement notice on that person and the period specified for compliance with the notice shall be extended as necessary, and written notice of such service and such extension shall be given to the other person or persons on whom the notice had previously been served in accordance with subsection (1).

(6) An enforcement authority may, upon the request of a person served with an enforcement notice, extend the period referred to in paragraph (d) of subsection (2) by such further period or periods as may be specified by the enforcement authority, subject to such conditions as the enforcement authority may impose, if it is satisfied that—

(a) that person has taken all reasonable steps to comply with the enforcement notice,

(b) the enforcement notice will be complied with within a reasonable period, and

(7) If, within the period specified under paragraph (d) of subsection (2) or such extended period as provided for under subsection (5) or (6), the steps specified in the enforcement notice are not taken, the enforcement authority may, in accordance with section 394 or 395, enter on the land or maritime site and take such steps (including the demolition of any structure and the restoration of the land or maritime site) as it considers appropriate.

(8) The enforcement authority shall be entitled to recover from the person or persons served with an enforcement notice—

(a) the costs and expenses reasonably incurred by it in relation to the investigation of the matter and the service of the enforcement notice concerned and any warning letter under section 349, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and

(b) any costs and expenses reasonably incurred by it in taking any steps in accordance with subsection (7).

(9) Any person on whom an enforcement notice is served in accordance with subsection (1) or (5) who fails to comply with the requirements of the notice (other than a notice that has ceased to have effect under subsection (13)) within the period specified in the notice shall be guilty of an offence.

(10) Any person who knowingly assists, consents to or connives in the failure by another person to comply with an enforcement notice shall be guilty of an offence.

(11) Where—

(a) a person is convicted of an offence under subsection (9) or (10),

(b) a person is acquitted of such an offence by reason of a defence under paragraph (b) of subsection (7) of section 355, or

(c) in proceedings for such an offence the court makes an order under subsection (1) of section 1 of the Probation of Offenders Act 1907 in relation to the defendant,

the court (in addition to imposing a penalty referred to in section 354 in the case of a conviction) may order the person to take all such steps (if any) as are specified in the enforcement notice concerned within such period as the court considers appropriate, and where the person fails to take such steps within that period he or she shall be guilty of an offence.

(12) (a) An enforcement authority may withdraw (in whole or in part) an enforcement notice and, where it was served on more than one person, in relation to any one or more of the persons on whom it was served, if it is satisfied that—

(i) by virtue of a grant of permission, and having regard to all the circumstances of the case—

(I) the enforcement notice, or

(II) a part of the enforcement notice,

as the case may be, no longer serves a useful purpose in relation to any or all of such persons, or

(ii) there are other compelling reasons to so withdraw the enforcement notice or part of the enforcement.

(b) An enforcement notice that was served on one person and that is withdrawn in part shall remain in force and continue to have effect to the extent that it has not been withdrawn.

(i) is wholly withdrawn in relation to some but not all of the persons on whom it was served, or

(ii) is withdrawn in part in relation to any or all of the persons on whom it was served,

shall remain in force and continue to have effect to the extent that, and in respect of whom, it has not been withdrawn.

(d) Where an enforcement notice is withdrawn under this subsection, the enforcement authority shall notify in writing all persons, notified of the service of the enforcement notice in accordance with subsection (3), of the withdrawal and of the reasons for the withdrawal.

(e) The withdrawal of a valid enforcement notice under this subsection shall be without prejudice to the entitlement of the enforcement authority to recover the costs and expenses recoverable under subsection (8).

(13) An enforcement notice shall cease to have effect—

(a) when it has been complied with,

(b) 10 years from the date of service of the notice, or

(i) to the extent that it is so withdrawn, and

(ii) in relation to the persons in respect of which it is so withdrawn.

(14) The failure to notify a person under subsection (3) of the service of an enforcement notice shall not operate to invalidate the enforcement notice.

(15) An enforcement notice shall have effect from the date of the service of the notice.

351. Planning injunctions in relation to unauthorised development

351. (1) Where an unauthorised development has been, is being or is likely to be carried out or continued, the High Court or the Circuit Court may, on the application of an enforcement authority or any other person, whether or not the person has an interest in the land or maritime site, by order (in this Part referred to as a “planning injunction”) require any person to do or not to do, or to cease to do, as the case may be, anything that the court considers necessary and specifies in the order to ensure, as appropriate, the following, namely—

(a) that the development is not carried out or continued,

(b) that, in so far as is practicable, any land or maritime site is restored to the condition that it was in before the commencement of the development, or

(i) any permission granted for that development and any conditions to which the permission is subject, or

(ii) in the case of a certificate issued by—

(I) the Dublin Docklands Development Authority under subparagraph (ii) of paragraph (a) of subsection (7) of section 25 of the Dublin Docklands Development Authority Act 1997, or

(II) the Custom House Docks Development Authority under paragraph (b) of subsection (6) of section 12 of the Urban Renewal Act 1986,

the planning scheme (in respect of which the development was certified to be consistent) made under that Act and any conditions to which the certificate is subject.

(2) When making an order under subsection (1), the court may order any person to carry out such works (including works consisting of the restoration, reconstruction, removal, demolition or alteration of any structure or other feature) as it directs.

(3) (a) An application for an order under this section shall be by motion and the court may, when considering the matter, make such interim or interlocutory order (if any) as it considers appropriate.

(b) Notwithstanding paragraph (a), an application for an order under this section may be made in proceedings instituted other than under this section, and the court may make such interim or interlocutory order (if any) as it considers appropriate on foot of any motion brought within those proceedings.

(c) An application by an enforcement authority under this section shall not be stayed or adjourned by reason of the making of an application for permission or an application for a declaration under section 10.

(d) Subject to paragraph (c), an application by an enforcement authority under this section may be stayed or adjourned where the court is satisfied that special circumstances (which shall be stated in the order granting the stay or adjournment) exist to warrant such stay or adjournment, and any such stay or adjournment shall be subject to—

(i) such conditions as the court considers are likely to discourage any delay by the applicant or respondent in relation to the progression of any application for—

(I) permission, or

(II) a declaration under section 10,

and

(ii) such other conditions as the court considers appropriate in all of the circumstances.

(e) The court may grant a stay on the execution of a final order made upon an application by an enforcement authority under this section where it is satisfied that special circumstances (which shall be stated in the order) exist to warrant such stay, and any such stay shall be subject to—

(i) such conditions as the court considers are likely to discourage any delay by the applicant or respondent in relation to the progression of any application for—

(I) permission, or

(II) a declaration under section 10,

and

(ii) such other conditions as the court considers appropriate in all of the circumstances.

(f) Conditions referred to in paragraph (d) or (e) may include conditions requiring the cessation or restriction of the development to which the application relates.

(g) In any application for a planning injunction, the onus of proving—

(i) the existence of any permission, or

(ii) that the development in respect of which the application is made is exempted development,

shall be on the respondent.

(h) An application made under this section shall not be refused by reason only of any grant of permission made after the commencement of the proceedings, unless the court is satisfied that—

(i) by virtue of the grant of permission and the implementation of, and compliance with, the permission, and

(ii) having regard to all the circumstances of the case,

an order under this section would not serve any useful purpose.

(4) (a) Rules of court may provide for an order under this section to be made against a person whose identity is unknown.

(b) Rules of court made for the purposes of section 160 of the Act of 2000 shall be deemed to have been made for the purposes of this section as well as the said section 160, and accordingly such rules shall have effect in relation to this section and references therein to the said section 160 shall be construed as including references to this section.

(5) (a) The Circuit Court shall have jurisdiction to hear and determine an application under this section—

(i) where the market value of the land to which the application relates does not exceed €3,000,000, and

(ii) in any other case, where all parties to the application sign such form of consent to such jurisdiction as may be prescribed by rules of court.

(b) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for any circuit in which land to which the application relates is situated (in whole or in part).

(c) The Court may, for the purposes of paragraph (a), determine whether the market value of the land or maritime site to which the application relates would or would not exceed €3,000,000.

(d) Where an application under this section is made to the Circuit Court and it is determined by the judge of the Circuit Court that the market value of any land to which the application relates exceeds €3,000,000 and a form of consent referred to in paragraph (a) has not been signed by all of the parties to the application, the judge of the Circuit Court may, on the application of any party or of his or her own motion, make—

(i) an order transferring the proceedings to the High Court, and

(ii) such order as to the costs of the proceedings incurred in the proceedings in the Circuit Court as appears to him or her to be proper,

and any order made or act done in the course of such proceedings before their transfer to the High Court shall be valid unless discharged or varied by order of the High Court.

(e) In this subsection “market value” means, in relation to land or a maritime site, the price that would have been obtained in respect of the unencumbranced fee simple were the land or maritime site to have been sold on the open market—

(i) in the year immediately preceding the bringing of the application concerned, and

(ii) in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land or maritime site.

(6) (a) An application under this section to the Circuit Court shall—

(i) in respect of development or proposed development situated, or proposed to be situated, wholly or partly in the nearshore area of a coastal planning authority and subject to subparagraph (ii), be made to a judge of the Circuit Court for a circuit that adjoins that nearshore area, and

(ii) in respect of development situated, or proposed development situated, or proposed to be situated, wholly or partly in the nearshore areas of more than one coastal planning authority, be made to a judge of the Circuit Court for a circuit adjoining any such nearshore area.

(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section in relation to a development or proposed development referred to in paragraph (a) where the aggregate amount of the levy or levies payable under Chapter 7 of Part 4 of the Maritime Area Planning Act 2021 in respect of the maritime area consent granted to the person who carried out or proposes to carry out the development does not exceed €500,000.

(c) An application under this section, in respect of development situated, or proposed development situated, or proposed to be situated, wholly or partly in the nearshore area of a coastal planning authority, shall be made to the High Court if that development or proposed development was, or is intended to be, carried out by or on behalf of a person who is not the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the development or proposed development.

(d) An application under this section, in respect of development situated, or proposed development situated, or proposed to be situated, wholly in the outer maritime area, shall be made to the High Court.

(e) Where an application under this section is made to the Circuit Court and it is determined by the judge of the Circuit Court that the aggregate amount of the levy or levies payable under Chapter 7 of Part 4 of the Maritime Area Planning Act 2021 in respect of the maritime area consent granted to the person who carried out, or proposes to carry out, the development does not exceed €500,000, the judge of the Circuit Court may, on the application of any party or of his or her own motion, make an order transferring the proceedings to the High Court, and make—

(i) an order transferring the proceedings to the High Court, and

(ii) such order as to the costs of the proceedings incurred in the proceedings in the Circuit Court as shall appear to him or her to be proper,

and any order made or act done in the course of such proceedings before their transfer to the High Court shall be valid unless discharged or varied by order of the High Court.

(7) (a) The court shall order a person who is the subject of an order under subsection (1) to pay to the enforcement authority or to any other person the costs and expenses of the proceedings concerned, unless it is satisfied that there are special and substantial reasons for not so ordering.

(b) Where costs or expenses are required to be paid to the enforcement authority in accordance with an order under paragraph (a), they shall include—

(i) costs or expenses reasonably incurred by the enforcement authority in relation to the investigation of the matter to which the order under subsection (1) relates, and

(ii) costs incurred in relation to that investigation in respect of the remuneration and other expenses of employees, consultants and advisers.

(c) An order under paragraph (a) may contain such terms and conditions (if any) relating to the payment of such costs and expenses as the court considers appropriate.

(d) The court may at any time before, or during the course of, the consideration of an application under this section determine an application made under section 7 of the Environment (Miscellaneous Provisions) Act 2011.

(8) Subject to paragraph (b) of subsection (3), where an application under this section is commenced in the High Court in circumstances where the Circuit Court had jurisdiction to hear and determine the application, and an order is made in favour of the applicant (either by the High Court or by the Circuit Court following a remittal of the application)—

(a) the applicant shall not be entitled to recover more costs than he or she would be entitled to recover if the application were made and determined in the Circuit Court,

(b) the judge concerned may, if in all the circumstances he or she thinks it appropriate to do so, make an order for the payment to the respondent in the proceedings by the applicant of an amount not exceeding whichever of the following the judge considers appropriate—

(i) the amount, measured by the judge, of the additional costs as between party and party incurred in the proceedings by the respondent by reason of the fact that the proceedings were not commenced and determined in the Circuit Court, or

(ii) an amount equal to the difference between—

(I) the amount of the costs as between party and party incurred in the proceedings by the respondent as measured by the Legal Costs Adjudicators of the High Court or, if the proceedings were heard and determined in the Circuit Court, the appropriate county registrar, and

(II) the amount of the costs as between party and party incurred in the proceedings by the respondent as measured by the Legal Costs Adjudicators of the High Court or, where the proceedings are heard and determined in the Circuit Court, the appropriate county registrar according to a scale that he or she considers would be appropriate had the application been heard and determined in the Circuit Court.

(c) A person who has been awarded costs under paragraph (a) of this subsection may, without prejudice to his or her entitlement to recover the costs from the person against whom they were awarded, set off the whole or part thereof against any costs in the proceedings concerned awarded to the latter person against the first-mentioned person.

352. Permission not required for works required under Part

352. Permission shall not be required in respect of development required by an enforcement notice or an order under section 351.

353. Time limits

353. (1) Enforcement action shall not be commenced—

(a) in the case of a development where no permission has been granted, after the expiration of a period of 7 years from the date of the commencement of the development,

(b) in the case of a development for which permission has been granted, after the expiration of a period of 7 years from the date of the expiration of the permission,

(c) in the case of a development for which permission was granted under the Act of 2000, after the expiration of a period of 7 years from the date of the expiration of the appropriate period (including any extension of that period under section 42 of the Act of 2000) within the meaning of section 40 of the Act of 2000, or

(d) in respect of a development for which a certificate has been issued by—

(i) the Dublin Docklands Development Authority under subparagraph (ii) of paragraph (a) of subsection (7) of section 25 of the Dublin Docklands Development Authority Act 1997, or

(ii) the Custom House Docks Development Authority under paragraph (b) of subsection (6) of section 12 of the Urban Renewal Act 1986,

after the expiration of a period of 7 years beginning on the date that the certificate ceases to have effect in accordance with Part 4 of the Dublin Docklands Development Authority (Dissolution) Act 2015.

(2) Proceedings for an offence under this Act shall not be commenced later than 7 years from the date on which the offence concerned is alleged to have been committed.

(3) Notwithstanding subsection (1), enforcement action may be commenced at any time in respect of unauthorised quarry development or unauthorised peat extraction development in any of the following circumstances:

(a) where no permission for the development has been granted and the development commenced after 15 November 2004;

(b) where permission for the development was granted under the Act of 2000 and the appropriate period (including any extension of that period under section 42 of the Act of 2000) within the meaning of section 40 of the Act of 2000 expired after 15 November 2004;

(4) Notwithstanding subsection (1), enforcement action may be taken at any time for the purpose of requiring any unauthorised quarry development or unauthorised peat extraction development to cease, and proceedings for an offence under section 350 may be brought and prosecuted at any time in respect of the contravention of an enforcement notice served in relation to such development.

(5) Notwithstanding subsection (1), enforcement action may be taken at any time in respect of any condition concerning the ongoing use of land or a maritime site to which the permission is subject, and proceedings for an offence under section 350 may be brought and prosecuted at any time in respect of the contravention of an enforcement notice served in relation to such condition.

(6) In proceedings (other than proceedings for an offence) under this Part, it shall be presumed, unless the contrary is proved by the defendant or respondent on the balance of probabilities, that—

(a) the enforcement notice concerned was served, or

(b) the application for the planning injunction concerned was made,

before the expiration—

(i) in the case of development to which paragraph (a) of subsection (1) applies, of the period of 7 years referred to in that paragraph,

(ii) in the case of development to which paragraph (b) of that subsection applies, of the period of 7 years referred to in that paragraph, or

(iii) in the case of development to which paragraph (c) of that subsection applies, of the period of 7 years referred to in that paragraph.

(7) In proceedings for an offence under this Part, it shall be presumed unless the contrary is proved on the balance of probabilities that those proceedings were commenced before the expiration—

(a) in the case of proceedings that relate to development to which paragraph (a) of subsection (1) applies, of the period of 7 years referred to in that paragraph,

(b) in the case of proceedings that relate to development to which paragraph (b) of that subsection applies, of the period of 7 years referred to in that paragraph, or

(c) in the case of proceedings that relate to development to which paragraph (c) of that subsection applies, of the period of 7 years referred to in that paragraph.

(8) In proceedings for an offence under this Act (other than this Part), it shall be presumed unless the contrary is proved on the balance of probabilities that those proceedings were commenced before the expiration of the period specified in subsection (2).

(9) (a) In this subsection “quarry” means an excavation or system of excavations made for the purpose of, or in connection with, the extraction of minerals (whether in their natural state or in solution or suspension) or products of minerals, and includes—

(i) any place—

(I) on the surface surrounding or adjacent to the excavation or system of excavations concerned,

(II) occupied by the owner of the excavation or system of excavations concerned, and

(III) used for storing or removing those minerals or products of mineral for the purposes of a process (other than a manufacturing process) ancillary to the extraction of the minerals or products of minerals, including the breaking, crushing, grinding, screening, washing or dressing of such minerals or products of minerals,

(ii) any place—

(I) occupied by the owner of the excavation or system of excavations concerned, and

(II) used for depositing refuse from the excavation or system of excavations concerned,

(iii) any line or siding (other than a railway or part of a railway) serving—

(I) the excavation or system of excavations concerned, or

(II) a place referred to in subparagraph (i) or (ii),

and

(iv) a conveyor or aerial ropeway provided for the removal of minerals, products of minerals or refuse from the excavation or system of excavations concerned, a place referred to in subparagraph (i) or (ii) or a line or siding referred to in subparagraph (iii),

but does not include a mine, a well, a bore-hole or any combination thereof.

(b) Where a place referred to in subparagraph (ii) of the definition of “quarry” is used for a purpose referred to in clause (II) of that subparagraph in relation to 2 or more excavations or systems of excavations, the Minister may designate in writing that place to be part of the quarry of which one of those excavations or systems of excavations is part and, upon such designation, the place so designated shall be deemed to form part of that quarry.

(c) Where a line or siding referred to in subparagraph (iii) of the definition of “quarry” serves 2 or more excavations or systems of excavations, the Minister may designate in writing that line or siding to be part of the quarry of which one of those excavations or systems of excavations is part and, upon such designation, the line or siding so designated shall be deemed to form part of that quarry.

354. Penalties for offences

354. (1) A person who is guilty of a relevant offence shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €15,000,000 or imprisonment for a term not exceeding 5 years or both.

(2) A person convicted of a relevant offence (other than an offence under subsection (9), (10) or (11) of section 350) shall, on each day on which the act, omission or contravention of which that offence consists is continued after that person has been so convicted, be guilty of an offence and shall be liable—

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

(b) on conviction on indictment, to a fine not exceeding €15,000 or imprisonment for a term not exceeding 2 years, or both.

(3) Subject to subsection (1), a person who is guilty of a relevant offence that consists (in whole or in part) of the construction of an unauthorised structure shall be liable—

(a) on summary conviction, to a fine of not less than the estimated cost of the construction of the structure or €2,500, whichever is the lesser, or

(b) on conviction on indictment, to a fine of not less than the estimated cost of the construction of the structure or €15,000, whichever is the lesser,

except where the person can prove on the balance of probabilities that he or she does not have the necessary financial means to pay a fine of that amount.

(4) Any person who is guilty of an offence under this Act other than an offence referred to in subsection (1) or (2) shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both.

(5) A person convicted of an offence under subsection (3) of section 259, subsection (3) of section 270 or subsection (9) of section 394 shall, on each day on which the act, omission or contravention of which that offence consists is continued after that person’s having been so convicted, be guilty of an offence and shall be liable, on summary conviction, to a class C fine.

(6) Where a person is convicted, on indictment, of an offence under subsection (13) of section 370, the court by which the person was convicted may, where it is satisfied that the act or omission constituting the offence delayed the conduct of the oral hearing concerned referred to in that subsection, order the person to pay to—

(a) the Commission,

(b) any party to the appeal, referral or application concerned, or

such an amount as is equal to the amount of any additional costs that is shown to the satisfaction of the court to have been incurred by the Commission, party or person in appearing or being represented at the oral hearing by reason of the commission of the offence.

(7) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, it shall provide by order for the payment of the amount of the fine to the enforcement authority and the payment may be recovered by the enforcement authority as if it were due to it in accordance with an order of a court made in civil proceedings.

(8) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the enforcement authority the costs and expenses (in addition to any costs and expenses otherwise recoverable) incurred in the bringing and prosecuting of the offence measured by the court.

(9) Where costs or expenses are to be paid to the enforcement authority pursuant to subsection (8), they shall include any such costs or expenses reasonably incurred by the enforcement authority in relation to the investigation, detection and prosecution of the offence, including costs incurred in respect of the remuneration and other expenses of members of staff of the enforcement authority and consultants and advisers engaged by the enforcement authority.

(10) An order for costs and expenses under subsection (8) is in addition to and not in substitution for any obligation to pay a fine or other penalty that the court may impose.

(11) In this section “relevant offence” means an offence under—

(a) section 347 or 267,

(b) subsection (9), (10) or (11) of section 350,

(d) subsection (7) of section 133,

(e) subsection (4) of section 311,

(f) subsection (1) of section 317,

(g) subsection (12) or (13) of section 370, or

(h) subsection (3) of section 478, or 487.

355. Prosecution of offences

355. (1) Subject to section 524, summary proceedings for an offence under this Act may be brought and prosecuted by—

(a) an enforcement authority (whether or not the offence is committed in the enforcement authority’s enforcement area), or

(b) the Planning Regulator.

(2) Subject to F19[section 177] of the Criminal Justice Act 2006 and notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be commenced—

(a) at any time within 6 months from the date on which the offence is alleged to have been committed, or

(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are brought, to justify proceedings comes to that person’s knowledge,

whichever is the later.

(3) In proceedings for an offence under this Act, a document—

(a) purporting to be a certificate certifying the date on which evidence described in the certificate came to the knowledge of the person who brought those proceedings, and

(b) purporting to be signed by that person,

shall, unless the contrary is shown, be evidence of that date.

(4) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(5) In proceedings for an offence under this Act, the onus of proving—

(a) that development is exempted development, or

(b) the existence of—

(i) any permission,

(ii) any certificate issued by the Custom House Docks Development Authority under paragraph (b) of subsection (6) of section 12 of the Urban Renewal Act 1986, or

(iii) any certificate issued by the Dublin Docklands Development Authority under subparagraph (ii) of paragraph (a) of subsection (7) of section 25 of the Dublin Docklands Development Authority Act 1997,

shall be on the defendant.

(6) It shall not be a defence to a prosecution under this Part for the defendant to have applied for, or have been granted, permission—

(a) since the commencement of proceedings under this Part,

(b) since the date of service of a warning letter under section 349, or

(7) (a) It shall be a defence to proceedings under section 350 for the defendant to prove on the balance of probabilities that—

(i) the works to which the enforcement notice applies were not unauthorised development, or

(ii) the use to which the enforcement notice applies was not unauthorised development,

as the case may be.

(b) It shall be a defence to proceedings under section 350 for the defendant to show that he or she took all reasonable steps to secure compliance with the enforcement notice.

(8) A prosecution under this Part shall not be stayed or adjourned by reason of an application for permission or an application for a declaration under section 10 in relation to the development concerned unless the court is satisfied that special circumstances (which shall be stated in the order) exist to warrant such stay or adjournment.

(9) In proceedings for an offence under section 350, a document purporting to be an enforcement notice shall be evidence, without further proof, of the terms of the enforcement notice and its service in accordance with this Act, unless the contrary is shown.

356. Designated regional enforcement authority

356. (1) Subject to subsection (2), the Minister may by order—

(a) designate a planning authority (in this Part referred to as a “regional enforcement authority”) for the purposes of this section,

(b) designate—

(i) the enforcement area of the planning authority designated in accordance with paragraph (a), and

(ii) the enforcement areas of such other planning authorities as are specified in the order,

to be a designated region for the purposes of this section, and

(c) designate classes of development (in this section a class so designated is referred to as a “designated class of development”) for the purposes of this section,

if he or she is of the opinion that by reason of the likely size, nature, or effect on the surroundings, of development belonging to that class, it is appropriate that the functions under this Part of each planning authority whose enforcement area constitutes part of the designated region be performed, in relation to development of that class, by the planning authority referred to in paragraph (a).

(2) The functions under this Part of each planning authority whose enforcement area forms part of a designated region shall, in addition to being performable by the planning authority for the enforcement area concerned, be performable by the regional enforcement authority in relation to development or proposed development belonging to a designated class of development in that designated region.

(3) (a) A planning complaint may be made to a regional enforcement authority in respect of development or proposed development belonging to a designated class of development that is situated or proposed to be situated (in whole or in part) in the designated region in respect of which it is the regional enforcement authority.

(b) A regional enforcement authority that receives a planning complaint in respect of development or proposed development belonging to a designated class of development shall notify any planning authority (other than the regional enforcement authority) within whose functional area the development or proposed development is situated or proposed to be situated of the receipt by the regional enforcement authority of that planning complaint.

(c) A planning authority that is not a regional enforcement authority shall notify the regional enforcement authority designated in relation to the designated region, of which that planning authority’s enforcement area forms part, of—

(i) the receipt by it of any planning complaint in relation to development or proposed development belonging to a designated class of development that is situated wholly or partly in that enforcement area, or

(ii) any development or proposed development belonging to a designated class of development—

(I) that appears to the planning authority to be being carried out,

(II) that is or would be unauthorised development, and

(III) that is or is proposed to be situated wholly or partly in that enforcement area.

(4) (a) Any proceedings (including enforcement action) under this Part in relation to development or proposed development belonging to a designated class of development—

(i) pending immediately before the intervention of the regional enforcement authority, and

(ii) brought by a planning authority whose enforcement area is part of the designated region in respect of which the regional enforcement authority is designated under this section,

shall be continued, with the substitution in the proceedings of the regional enforcement authority for the planning authority.

(b) The discontinuance (in whole or in part) of any proceedings (including enforcement action) under this Part in relation to development or proposed development belonging to a designated class of development by a regional enforcement authority following the intervention of the regional enforcement authority shall not operate to prevent the regional enforcement authority from subsequently commencing proceedings (including enforcement action) under this Part in relation to that development or proposed development.

(c) The discontinuance (in whole or in part) of any proceedings (including enforcement action) under this Part in relation to development or proposed development belonging to a designated class of development by a planning authority other than the regional enforcement authority shall not operate to prevent the regional enforcement authority from subsequently commencing proceedings (including enforcement action) under this Part in relation to that development or proposed development.

(d) In this subsection, “intervention” means, in relation to proceedings (including enforcement action) under this Part, the notification in writing of a planning authority by a regional enforcement authority that the regional enforcement authority will prosecute those proceedings in substitution for the planning authority.

(5) A regional enforcement authority may perform functions (including the bringing and prosecution of proceedings for an offence and the bringing of enforcement action) under this Part in relation to a designated class of development notwithstanding that it has not received a complaint or notification referred to in subsection (3).

(6) Where development or proposed development belonging to a designated class of development is situated, or carried out, or proposed to be situated or carried out, in more than one designated region, the functions conferred on a regional enforcement authority in accordance with this section shall be performable by one such regional enforcement authority, provided that the other regional enforcement authority or regional enforcement authorities, as the case may be, concerned has given its, or have given their, consent thereto.

(7) Where the regional enforcement authority performs functions in accordance with this section in relation to development or proposed development belonging to a designated class of development carried out wholly or partly in the enforcement area or enforcement areas of one or more than one planning authority—

(a) that planning authority or each such planning authority, as the case may be, shall provide all such assistance and information to the regional enforcement authority, as it may reasonably require for the purposes of the performance of its functions in accordance with this section,

(b) the regional enforcement authority shall—

(i) keep that planning authority or each such planning authority, as the case may be, informed of progress in relation to the matter concerned, and

(ii) upon the conclusion of the matter or at such other time as may be prescribed, prepare, and submit to that planning authority or each such planning authority, as the case may be, a report (which shall contain such information as may be prescribed) in relation to the matter,

and

(c) it shall be the duty of that planning authority or each such planning authority, as the case may be, to enter in the register details of the matter in so far as it relates to its enforcement area.

357. Development in Dublin Docklands Area

357. For the purposes of this Part, Dublin City Council is the planning authority in respect of development for which a certificate has been issued by—

(a) the Dublin Docklands Development Authority under subparagraph (ii) of paragraph (a) of subsection (7) of section 25 of the Dublin Docklands Development Authority Act 1997, or

(b) the Custom House Docks Development Authority under paragraph (b) of subsection (6) of section 12 of the Urban Renewal Act 1986.

PART 12 Appeal Procedures, Planning Register and Records, and Miscellaneous Powers and Procedures

Chapter 1

358. Definitions

358. In this Part—

“appeal” means an appeal to the Commission under—

(a) subsection (8) of section 10,

(b) subsection (9) of section 13,

(d) paragraph (b) of subsection (7) of section 101,

(e) subsection (1) of section 102,

(f) subsection (2) of section 102,

(g) paragraph (b) of subsection (5) of section 102,

(h) subsection (7) of section 143,

(i) subsection (5) of section 146,

(j) subsection (10) of section 146,

(k) subsection (8) of section 149,

(l) subsection (3) of section 264,

(m) subsection (6) of section 269,

(n) paragraph (a) of subsection (8) of section 310,

(o) paragraph (a) of subsection (7) of section 333,

(p) paragraph (a) of subsection (7) of section 338, and

(q) subsection (5) of section 339;

“application” means an application to the Commission under—

(a) subsection (14) of section 10,

(b) subsection (4) of section 102,

(d) subsection (4) of section 275, and

(e) subsection (5) of section 276;

“class-specific provision” means—

(a) a provision of this Act (other than a provision of Chapter 2), applicable to a class of appeal, application, referral or request, and

(b) a provision of any other enactment (other than a regulation or rule made under Chapter 2) applicable to such a class;

“party”, in relation to an appeal, application, referral or request, means—

(a) in the case of an appeal—

(i) the person who made the appeal,

(ii) the planning authority that made the decision, deemed refusal of an application, order, declaration or revised declaration, or served the notice, the subject of the appeal,

(iii) under subsection (8) of section 10, where the declaration was forwarded under subsection (6) of section 10 or notified pursuant to regulations under subsection (13) of section 10 to any other person in addition to the person who made the appeal, that other person,

(iv) an appeal under subsection (1) or (2) of section 102 made by a person other than the applicant for the permission the subject of the appeal, or a person acting on behalf of the applicant for the permission, the applicant for the permission,

(v) an appeal under paragraph (b) of subsection (5) of section 102, the applicant for permission the subject of the appeal,

(vi) an appeal under subsection (7) of section 143, where the person who made the appeal is not the person who made the request the subject of the appeal, the person who made that request,

(vii) an appeal under subsection (8) of section 149, where the planning authority served a notice under subsection (1) or (2) of section 149 on any other person in addition to the person who made the appeal, that other person,

(viii) an appeal under subsection (3) of section 264—

(I) where any other person, in addition to the person who made the appeal, was served with a notice under paragraph (a) of subsection (2) of section 264, that other person, or

(II) where the person who made the appeal was not a person served with a notice under paragraph (a) of subsection (2) of section 264, any person served with such a notice,

(ix) an appeal under subsection (6) of section 269, where any other person in addition to the person who made the appeal was served with the notice under subparagraph (i) of paragraph (a) of subsection (2) of section 269, that other person, and

(x) an appeal under subsection (5) of section 339, where any other person in addition to the person who made the appeal is served with the notice under subsection (1) of section 339, that other person,

(b) in the case of an application—

(i) the person who made the application,

(ii) the planning authority (where that planning authority is not the person who made the application) in whose functional area the development the subject of the application is situated,

(iii) under subsection (4) of section 102, the applicant for permission the subject of the application, and

(iv) under subsection (4) of section 275 or subsection (5) of section 276, any person served with the notice referred to in that subsection, and

(i) under subsection (10) of section 87, the person carrying out the development referred to in that subsection and the planning authority to which the points of detail were submitted under that section,

(ii) under subsection (3) of section 176, the person who made the application for permission referred to in subsection (1) of section 176, and the planning authority to which that application for permission was made,

(iii) under subsection (1) of section 249, the person that made the referral and, where not the person that made the referral, any party or prospective party to the agreement the subject of the referral, and the planning authority referred to in that subsection,

(iv) under subsection (5) of section 258, the body that made the referral and any person served with the notice the subject of the referral,

(v) under subsection (6) of section 266, the planning authority that made the referral and any person who made, and has not withdrawn, submissions on foot of a notice in respect of the order the subject of the referral under subsection (5) of section 266, and

(vi) under subsection (2) of section 438, the planning authority in whose functional area the structure the subject of the referral is situated and the person by whom or on whose behalf the application for permission for the erection of the new structure referred to in paragraph (a) of subsection (1) of section 438 was made,

and

(d) in the case of a request, the person who made the request and in the case of a request to the Commission under section 140 or subsection (1) of section 227, the planning authority in whose functional area the project or development to which the request relates is situated or proposed to be situated;

“referral” means a referral to the Commission under—

(a) subsection (10) of section 87,

(b) subsection (3) of section 176,

(d) subsection (5) of section 258,

(e) subsection (6) of section 266, and

(f) subsection (2) of section 438;

“request” means a request to the Commission under—

(a) subsection (1) of section 140,

(b) subsection (1) of section 227, and

Chapter 2

359. Application of Chapter

359. The provisions of and under this Chapter shall apply, except to the extent that a class specific provision otherwise provides (either expressly or by necessary implication).

360. Making of appeals, applications, referrals or requests

360. (1) An appeal, application, referral or request shall—

(a) be made in writing, in the applicable form prescribed under subsection (2) (if any),

(b) in the case of an appeal, be made within 4 weeks of the conclusion of the matter the subject of the appeal,

(d) state its subject matter,

(e) state in full the grounds of the appeal, application, referral or request and the reasons, considerations and arguments on which each ground is based,

(f) be accompanied by such fee (if any) as may be payable in accordance with section 381 in respect of the appeal, application, referral or request,

(g) in the case of an appeal under paragraph (b) of subsection (1) of section 102, be accompanied by acknowledgement by the planning authority of receipt of the submissions referred to in that paragraph, and

(h) comply with any requirements prescribed under subsection (2), any regulations made under section 377 and any rules made under section 378.

(2) The Minister may prescribe requirements additional to those referred to in subsection (1) or forms for the purpose of the making of a particular class of appeal, application, referral or request.

(3) An appeal, application, referral or request which does not comply with the requirements of subsection (1) shall be invalid.

(4) The requirement under paragraph (e) of subsection (1) shall apply whether or not the person making the appeal, application, referral or request requests, in accordance with section 369, an oral hearing.

(5) Without prejudice to section 366, 367 or 369, the person who makes the appeal, application, referral or request shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds referred to in paragraph (e) of subsection (1), or to submit further grounds in writing, and any such elaboration, further submissions or further grounds received by the Commission shall not be considered by it.

(6) Without prejudice to subsections (1) and (2), an appeal, application, referral or request shall be accompanied by such documents or information as the person making the appeal, application, referral or request considers necessary or appropriate.

(7) Without prejudice to section 366, 367 or 369, the Commission shall not consider any documents or information submitted by a person making an appeal, application, referral or request other than the documents or information which accompanied the appeal, application, referral or request.

(8) An appeal, application, referral or request shall be made—

(a) by sending it by prepaid post to the Commission,

(b) by leaving it with an employee of the Commission at the offices of the Commission during such office hours as may be determined by the Commission, or

361. Period for decision-making

361. (1) Subject to subsections (2), (3) and (4), the Commission shall determine an appeal, application, referral or request within 18 weeks of it being received by the Commission.

(2) The period referred to in subsection (1) is subject to—

(a) any regulations made under subsection (6),

(b) subsection (4) of section 366,

(d) any provision in regulations under section 377 requiring periods to be disregarded for the purposes of reckoning the period referred to in subsection (1), either generally or in relation to a particular class of appeal, application, referral or request,

(e) section 402, and

(f) any order under section 403.

(3) Where the Commission fails to determine an appeal, application, referral or request within the period referred to in subsection (1) or, where a different period is referred to in a class-specific provision, within that period, it shall—

(a) determine the appeal, application, referral or request notwithstanding that the period has expired, and

(b) pay to the person who made the appeal, application, referral or request a sum equal to such proportion of the fees paid to the Commission in respect of the appeal, application, referral or request as may be prescribed.

(4) A failure by the Commission to comply with subsection (1), or a class-specific provision that provides that the Commission shall determine an appeal, application, referral or request within a particular period, shall not invalidate the determination of the Commission on the appeal, application, referral or request concerned.

(5) The Minister may, where he or she considers it appropriate, conduct a review of the periods for the making of a decision in relation to appeals, applications, referrals or requests under this Act, having regard to the resources and functions of the Commission.

(6) The Minister may by regulations vary the period referred to in subsection (1) (either generally or in respect of a particular class of appeal, application, referral or request) where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as such regulations are in force, subsection (1) shall be construed and have effect in accordance with the regulations.

(7) Where the Minister considers it to be necessary or expedient that a particular class of appeal, application, referral or request relating to a class of development of special strategic, economic or social importance to the State, be determined with priority over other classes of appeal, application, referral or request, and as expeditiously as is consistent with the principles of proper planning and sustainable development, the Minister may give a direction to the Commission to give priority to the determination of appeals, applications, referrals or requests of that class, and the Commission shall comply with the direction.

(8) An annual report under section 522 shall contain—

(a) a statement of—

(i) the number of appeals, applications, referrals or requests determined during the period to which the report relates,

(ii) the number of such appeals, applications, referrals or requests determined within a period specified in a class-specific provision for the determination of an appeal, application, referral or request, or referred to in subsection (1), as the case may be, during the period to which the report relates, and

(iii) the number, and the aggregate amount, of all sums (if any) payable, and the number, and the aggregate amount, of all such sums paid, by the Commission under paragraph (b) of subsection (3),

and

(b) such other information as to the time taken to determine such appeals, applications, referrals or requests as the Minister may direct.

362. Notification of making of appeals, applications, referrals or requests

362. (1) The Commission shall, as soon as may be after receipt of an appeal, application, referral or request, give a copy of it to each party to the appeal, application, referral or request other than the party that made it and, if not a party, the planning authority concerned.

(2) The Commission may give such notice to the public in relation to an appeal, application, referral or request as it considers appropriate or, where it considers it appropriate, may require the person making the appeal, application, referral or request to give such notice to the public in relation to it as the Commission may specify.

(3) Without prejudice to the generality of subsection (2), notice referred to in that subsection may include notice at any land or structure to which the appeal, application, referral or request relates or notice by publication in a newspaper circulating in the functional area in which the land or structure is situated, and in such additional functional areas, or throughout the State, as the Commission considers appropriate, or where the appeal, application, referral or request relates to a maritime site, in a national newspaper.

363. Submission of documents to Commission by planning authorities

363. (1) Where an appeal, application, referral or request is made to the Commission, the planning authority concerned shall, within 2 weeks from the date on which a copy of the appeal, application, referral or request is given to it by the Commission, or within such further period as the Commission may permit, submit to the Commission—

(a) any document or information in the planning authority’s possession that is required to be so submitted in any class-specific provision that applies to the appeal, application, referral or request, and

(b) any document or information that the planning authority considers is otherwise relevant to that appeal, application, referral or request.

(2) The Commission, in determining an appeal, application, referral or request, may take into account any fact or submission in any document or information submitted under subsection (1).

364. Submissions by other parties

364. (1) A party to an appeal, application, referral or request other than the person making it may make a submission in writing to the Commission in relation to it within 5 weeks of the date on which a copy of the appeal, application, referral or request is given to that party by the Commission.

(2) Any submission received by the Commission after the expiry of the period referred to in subsection (1), or which does not comply with any regulations under section 377 or rules under section 378, shall not be considered by the Commission.

(3) Where no submission has been received from a party within the period referred to in subsection (1), the Commission may without further notice to the party determine the appeal, application, referral or request.

(4) Without prejudice to section 366, 367 or 369, a party referred to in subsection (1) shall not be entitled to elaborate in writing upon any submission made in accordance with subsection (1) or make any further submission in writing in relation to the appeal, application, referral or request and any such elaboration or further submission received by the Commission shall not be considered by it.

(5) A submission under this section shall state the name and address of the person making the submission and the name and address of any person acting on his or her behalf.

365. Submissions by persons other than parties

365. (1) A person other than a party to the appeal, application, referral or request concerned may, upon payment of such fee (if any) as may be payable in accordance with section 381, make a submission in writing to the Commission in relation to—

(a) an appeal under paragraph (b) of subsection (5) of section 101 or subparagraph (ii) of paragraph (b) of subsection (7) of section 101 or subsection (1) or (2) of section 102,

(b) an application for permission for Chapter 4 development (within the meaning of Part 4),

(c) a request under section 140 for an alteration to, or extension of the duration of, a permission where the Commission is the deciding authority,

(d) an appeal under subsection (7) of section 143,

(e) a referral under subsection (6) of section 266, or

(f) such other appeal, application, referral or request as may be prescribed.

(2) Without prejudice to section 366, 367 or 369, a person may make a submission under this section—

(a) where—

(i) notice is published under paragraph (c) of subsection (1) of section 235, within 5 weeks of the date of publication of the notice,

(ii) notice is given or required to be given by the Commission under subsection (2) of section 362, within 5 weeks of the date of the notice, and

(iii) more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

and

(b) in the case of any other—

(i) appeal referred to in subsection (1), within 5 weeks of the end of the period for the making of the appeal referred to in paragraph (b) of subsection (1) of section 360 or in any class-specific provision, or

(ii) application, referral or request referred to in subsection (1), within 5 weeks of the making of the application, referral or request.

(3) Subject to subsection (4), a submission referred to in subsection (1) which is not made within the applicable period referred to in subsection (2) shall be invalid and shall not be considered by the Commission.

(4) Subsections (3) and (5) shall not apply to a submission made by a Member State or another Transboundary Convention state arising from consultation in accordance with the Environmental Impact Assessment Directive or the Transboundary Convention, as the case may be, in relation to the effects on the environment of the development to which the appeal, application, referral or request relates.

(5) Without prejudice to section 366, 367 or 369, a person who makes a submission to the Commission in accordance with this section shall not be entitled to elaborate in writing upon any submission made in accordance with subsection (1) or make any further submission in writing in relation to the appeal, application, referral or request and any such elaboration or further submission received by the Commission shall not be considered by it.

(6) A submission under this section shall state the name and address of the person making the submission and the name and address of any person acting on his or her behalf.

366. Power of Commission to invite submissions

366. (1) Where the Commission is of the opinion that, in the particular circumstances of an appeal, application, referral or request, it is appropriate to request—

(a) a party to it,

(b) a person who made a submission to the Commission in relation to it, or

to make a submission in relation to the appeal, application, referral or request, or any part of it or issue in it, the Commission may give notice to the party or person—

(i) requesting the party or person, within a period specified in the notice, to make a submission to the Commission in relation to the appeal, application, referral or request, or any part of it or issue in it, and

(ii) stating that, if the submission is not received before the expiry of the period specified in the notice, the Commission shall, after the expiry of the period and without further notice to the party or person, pursuant to section 368, determine the appeal, application, referral or request.

(2) The period referred to in paragraph (i) of subsection (1) shall be—

(a) in relation to an appeal, application, referral or request where an environmental impact assessment is required, not less than 5 weeks and not more than 7 weeks from the date of the notice, and

(b) in any other case, not less than 2 weeks and not more than 4 weeks from the date of the notice.

(3) The Commission may give directions in relation to the form or presentation of any submissions referred to in subsection (1) and a person making a submission shall comply with such directions.

(4) Where a notice is given under subsection (1) and a submission is made within the period specified in the notice, the Commission shall, having considered the submission, determine the appeal, application, referral or request, within such period after the receipt of the submission as may be specified in the notice.

(5) Without prejudice to section 367 or 369, a party or person referred to in subsection (1) shall not be entitled to elaborate in writing upon a submission made in accordance with subsection (1) or make any further submission in writing in relation to the appeal, application, referral or request, and any such elaboration or further submission received by the Commission shall not be considered by it.

367. Power of Commission to require documents or information

367. (1) Where the Commission is of the opinion that any document or information may be necessary for the purpose of enabling it to determine an appeal, application, referral or request, the Commission may give notice to a party to, or to a person who has made submissions to the Commission in, the appeal, application, referral or request—

(a) requiring the party or person, within a period specified in the notice, to provide to the Commission such document or information as is specified in the notice, and

(b) stating that, where the party or person does not comply with the notice, the Commission may, after the expiry of the period so specified and without further notice to the party or person, pursuant to section 368, determine the appeal, application, referral or request.

(2) Where a notice is given under subsection (1) and documents or information are provided within the period specified in the notice, the Commission shall, having considered the document or information, determine the appeal, application, referral or request within such period after the receipt of the document or information as may be specified in the notice.

368. Powers of Commission where notice is given under section 366 or 367

368. (1) Where no submissions are made, or document or information provided, by a person to whom a notice was given under section 366 or 367 within the period specified in the notice for the making of such submissions or providing of such document or information, the Commission may, at any time after the expiry of that period, without further notice to that person, determine the appeal, application, referral or request.

(2) Subsection (1) shall not prevent the Commission exercising its powers under section 366 or 367 on more than one occasion before determining the appeal, application, referral or request.

369. Power to hold oral hearings of appeals, applications, referrals or requests

369. (1) The Commission may, where it considers it necessary or expedient for the purposes of determining an appeal, application, referral or request, of its own motion or if a party requests an oral hearing under subsection (3), hold an oral hearing.

(2) The Commission may limit an oral hearing to any part of, or issue in, the appeal, application, referral or request.

(3) A party to an appeal, application, referral or request may request, in writing and accompanied by such fee (if any) as may be payable in accordance with section 381, an oral hearing—

(a) where the party made the appeal, application, referral or first-mentioned request, at the same time as the appeal, application, referral or first-mentioned request is made, or

(b) where the party did not make the appeal, application, referral or first-mentioned request, within 5 weeks of the date on which a copy of the appeal, application, referral or first-mentioned request is given to that party by the Commission.

(4) Where a party requests an oral hearing under subsection (3), the Commission shall not hold the oral hearing where subsection (3) is not complied with or where it does not consider it necessary or expedient to do so for the purpose of determining the appeal, application, referral or request.

(5) A request for an oral hearing under subsection (3) may be withdrawn at any time.

(6) The Commission shall, as soon as may be, give notice of any decision by it to hold an oral hearing under subsection (1) or not to hold an oral hearing under subsection (4) or of a withdrawal under subsection (5) to all parties to the appeal, application, referral or request and every person who made a valid submission in relation to the appeal, application, referral or request.

370. Supplemental provisions relating to oral hearings

370. (1) The Commission, or a member of the staff of the Commission duly authorised by the Commission in that behalf, may assign a person to conduct an oral hearing of an appeal, application, referral or request on behalf of the Commission.

(2) The person conducting an oral hearing shall have discretion as to its conduct and shall conduct it expeditiously and without undue formality.

(3) (a) The person assigned to conduct an oral hearing may, and shall where so directed by the Commission, require a person intending to appear at the hearing to submit to him or her, in writing, within such period in advance of the hearing as he or she may specify, and in such format as he or she may specify, the points or a summary of the arguments the person proposes to make or evidence the person proposes to give at the hearing.

(b) Subject to paragraph (c), the person assigned to conduct an oral hearing shall, where so directed by the Commission, on foot of a recommendation from a person assigned to make a report under section 376, require that points or arguments are made in relation to specified matters only during the oral hearing.

(c) The person assigned to conduct the oral hearing may, where he or she is of the opinion that it is necessary in the interests of fair procedures to do so, allow a point or an argument to be made during the oral hearing in relation to matters not specified in the requirement referred to in paragraph (b).

(4) The person conducting the oral hearing may, and shall where so directed by the Commission, require any material the subject of a requirement under paragraph (a) of subsection (3) to be given to other parties to the appeal, application, referral or request, or to persons who made submissions in relation to the appeal, application, referral or request, and the Commission may make any such material publicly available by such means as it considers appropriate.

(5) The Commission shall give notice of any requirement under paragraph (a) or (b) of subsection (3) to—

(a) each party to the appeal, application, referral or request, and

(b) each person who has made, and not withdrawn, submissions to the Commission in relation to the appeal, application, referral or request.

(6) Where a requirement is imposed under paragraphs (a) and (b) of subsection (3), the points or summary of the arguments or evidence that a person intending to appear at the oral hearing shall submit to the person conducting the hearing shall be limited to points or arguments in relation to matters specified in the requirement under paragraph (b) of subsection (3).

(7) The person conducting the oral hearing—

(a) shall decide the order of appearance of persons at the hearing,

(b) shall permit any person to appear in person or to be represented by another person,

(c) may limit the time within which each person may make points or arguments (including arguments in refutation of arguments made by others at the hearing), or question the evidence of others, at the hearing,

(d) may refuse to allow the making of a point or an argument or the giving of evidence if—

(i) the point or a summary of the argument or evidence has not been submitted in advance to the person in accordance with a requirement imposed under paragraph (a) of subsection (3),

(ii) the point, argument or evidence is not relevant to the subject matter of the hearing,

(iii) it is considered necessary so as to avoid undue repetition of the same point, argument or evidence, or

(iv) the point, argument or evidence relates to revised particulars, plans or drawings in relation to a proposed development, that do not comply with section 106, or any regulations made under that section,

(e) may refuse to allow the making of a point or an argument in relation to any matter where—

(i) the point or argument is not in accordance with a requirement under paragraph (b) of subsection (3), and

(ii) he or she has not formed the opinion referred to in paragraph (c) of subsection (3) in relation to the point or argument,

(f) may hear submissions from a person other than a person who has made submissions to the Commission in relation to the subject matter of the hearing if the person conducting the oral hearing considers it appropriate in the interests of justice to allow the first-mentioned person to be heard, and

(g) may adjourn or re-convene the oral hearing as he or she considers appropriate.

(8) Where any question arises in relation to whether a person conducting an oral hearing ought to refuse to allow the giving of any evidence or the making of any point or any argument in relation to any matter, the person conducting the oral hearing may:

(a) determine the question in the course of the oral hearing;

(b) allow the giving of the evidence or the making of the point or argument on a conditional basis, and determine the issue when making his or her report;

(c) defer the oral hearing or any part of it pending his or her determination or a determination of the Commission on the question (which the Commission may determine).

(9) A person conducting an oral hearing of an appeal, application, referral or request may require any member of staff of a planning authority to give to him or her any information in relation to the appeal, application, referral or request which he or she reasonably requires for the purposes of the appeal, application, referral or request, within such period as he or she may specify, and the member of staff shall comply with the requirement.

(10) A person conducting an oral hearing of an appeal, application, referral or request may take evidence on oath or affirmation and for that purpose may administer oaths or affirmations, and a person giving evidence at any such hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(11) (a) Subject to paragraph (b), the Commission in relation to an oral hearing of an appeal, application, referral or request may give notice in writing to any person, requiring that person to do one or both of the following:

(i) attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing;

(ii) produce any books, deeds, contracts, accounts, vouchers, maps, plans, documents or other information in his or her possession, custody or control which relate to any such matter.

(b) Where a person is given a notice under paragraph (a)—

(i) the Commission shall pay or tender to any person whose attendance is required such reasonable subsistence and travelling expenses to be determined by the Commission in accordance with the rates for the time being applicable to senior planning authority officials, and

(ii) any person who, in compliance with a notice, has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him or her, be paid those expenses by the Commission, and those expenses shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

(12) Every person to whom a notice under subsection (11) has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any book, deed, contract, account, voucher, map, plan, document or other information to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any book, deed, contract, account, voucher, map, plan, document or other information to which the notice relates shall be guilty of an offence.

(13) Where a person—

(a) wilfully gives evidence which is material to the oral hearing and which he or she knows to be false or does not believe to be true,

(b) by act or omission, obstructs or hinders the person conducting the oral hearing in the performance of his or her functions,

(c) refuses to take an oath or to make an affirmation when legally required to do so by a person holding the oral hearing,

(d) refuses to answer a question to which the person conducting an oral hearing may legally require an answer,

(e) does or omits to do any other thing which, if the inquiry had been by the High Court, would have been contempt of that court, or

(f) connives or assists in the commission of any of the acts or omissions referred to in paragraphs (a) to (e),

the person shall be guilty of an offence.

(14) (a) Where an oral hearing relates to development within the Gaeltacht, the hearing shall be conducted in the Irish language, unless the parties to the appeal, application, referral or request to which the hearing relates agree that the hearing should be conducted in the English language.

(b) Where an oral hearing relates to development wholly or partly outside the Gaeltacht, the hearing shall be conducted in the English language, unless the parties to the appeal, application, referral or request to which the hearing relates agree that the hearing should be conducted in the Irish language.

371. Convening of meetings on certain referrals

371. (1) Where it appears to the Commission to be expedient or convenient for the purposes of determining a referral under subsection (10) of section 87, subsection (1) of section 249 or subsection (2) of section 438, the Commission may convene a meeting of the parties to the referral, and may assign a person to conduct the meeting on behalf of the Commission.

(2) The Commission shall keep a record in writing of a meeting convened in accordance with subsection (1) and a copy of the record shall be placed and kept with the documents to which the referral concerned relates.

372. Meetings held remotely

372. (1) The Commission, or any person assigned to conduct an oral hearing of an appeal, application, referral or request or a meeting referred to in section 371, may direct that the oral hearing or meeting, or any part of it, be held or continued using any method of communication by which all participants in the oral hearing or meeting can hear and be heard at the same time.

(2) The Commission or any person assigned on its behalf to conduct an oral hearing or meeting shall give reasonable notice of a direction under subsection (1) to the parties to the appeal, application, referral or request, or to the persons who made submissions in relation to the appeal, application, referral or request, as the case may require.

373. Matters other than those raised by parties

373. (1) The Commission, in determining an appeal, application, referral or request, may have regard to matters other than those raised by the parties to the appeal, application, referral or request, or by any person who has made submissions to the Commission in relation to the appeal, application, referral or request, if the matters are matters to which, by virtue of this Act, the Commission may have regard.

(2) Matters referred to in subsection (1) may include additional evidence (including expert evidence) and reports.

(3) Where the Commission considers that it is necessary or appropriate for the proper determination of an appeal, application, referral or request that submissions should be invited on any matter not raised by the parties or in submissions, it may exercise its powers under section 366, subject to the proviso that all parties and all persons who made, and have not withdrawn, submissions, and any other person the Commission considers appropriate, are invited to make submissions on that matter.

374. Dismissal of appeals, applications, referrals or requests by Commission

374. (1) The Commission may dismiss an appeal, application, referral or request where the Commission is satisfied that, in the particular circumstances, the appeal, application, referral or request should not be further considered by it having regard to—

(a) the nature or contents of the appeal, application, referral or request (including any question that in the Commission’s opinion is raised by the appeal, application, referral or request), or

(b) any decision of a planning authority or the Commission which, in the Commission’s opinion, is relevant.

(2) A dismissal made under subsection (1) shall state the main reasons and considerations on which the dismissal is based.

375. Withdrawal and invalidity of appeals, applications, referrals or requests

375. (1) A person (including a planning authority) who has made an appeal, application, referral or request may withdraw it, in writing, at any time before it is determined by the Commission.

(2) Without prejudice to subsection (1), where the Commission is of the opinion that an appeal, application, referral or request has been abandoned, the Commission may serve on the person who made it a notice stating that opinion.

(3) A notice under subsection (2) shall require the person on whom it is served to make a submission to the Commission as to why the appeal, application, referral or request should not be regarded as having been abandoned, and such submission shall be made within the period specified in the notice (which shall be not less than 2 weeks and not more than 4 weeks from the date of service of the notice).

(4) Where a notice has been served under subsection (2), the Commission may, at any time after the expiry of the period specified in the notice, declare that the appeal, application, referral or request shall be regarded as having been withdrawn.

(5) In making a declaration under subsection (4), the Commission shall have regard to the submissions (if any) made within the period specified in the notice.

(6) Where—

(a) a person withdraws an appeal, application, referral or request under subsection (1),

(b) the Commission declares that an appeal, application, referral or request is regarded as having been withdrawn under subsection (4), or

(c) an appeal, application, referral or request is invalid under subsection (3) of section 360 or any class-specific provision, and the invalidity has not been remedied or the appeal, application, referral or request otherwise permitted to proceed in accordance with any class-specific provision,

the Commission shall not consider the appeal, application, referral or request further and shall give notice to each party to the appeal, application, referral or request, and any person who made, and did not withdraw, submissions in relation to the appeal, application, referral or request, that the appeal, application, referral or request has been withdrawn, declared withdrawn or is invalid, and the notice shall state the reasons for the declaration or invalidity.

(7) Particulars of a notice under subsection (6) shall be entered in the register.

(8) In this section—

“application” includes a submission of a scheme for approval under section 49 of the Roads Act 1993, an application for approval under section 51 of the Roads Act 1993, and an application for a railway order under section 37 of the Transport (Railway Infrastructure) Act 2001;

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