Planning and Development Act 2024

(a) pursuant to or as regards the performance by the planning authority of a function under this Act, or

(b) in relation to the acquisition or disposal by the planning authority of any land or maritime site under or for the purposes of this Act or any other enactment,

he or she shall, as soon as may be, disclose the nature of his or her interest—

(i) where the officer is not the chief executive, to the chief executive of the planning authority, and

(ii) where the officer is the chief executive, to the members of the planning authority.

(4) Where an officer of a planning authority discloses an interest under subsection (3), he or she shall neither influence nor seek to influence a decision of the authority in relation to the matter and—

(a) where the officer is not the chief executive, he or she shall comply with any directions the chief executive may give him or her in relation to the matter, and

(b) where the officer is the chief executive, he or she shall delegate the exercise of his or her functions insofar as they concern the matter to another officer of the planning authority who has no interest in the matter to disclose under subsection (3).

(5) Where a Planning Commissioner has a pecuniary or other beneficial interest in, or that is material to, any appeal, contribution, question, determination or dispute that falls to be decided or determined by the Commission under any enactment, he or she shall comply with the following requirements:

(a) he or she shall disclose to the Commission the nature of his or her interest;

(b) he or she shall take no part in the discussion or consideration of the matter;

(c) he or she shall not vote or otherwise act as a Planning Commissioner in relation to the matter;

(d) he or she shall neither influence nor seek to influence a decision of the Commission in relation to the matter.

(6) Where a member of the staff of the Commission, a consultant or adviser engaged by the Commission or any other person whose services are availed of by the Commission has a pecuniary or other beneficial interest in, or that is material to, any appeal, contribution, question or dispute which falls to be decided or determined by the Commission under any enactment, he or she shall comply with the following requirements:

(a) he or she shall neither influence nor seek to influence a decision of the Commission in relation to the matter;

(b) where he or she has been requested to provide professional services in relation to the matter, whether as a member of staff, consultant, adviser or otherwise, he or she shall disclose to the Commission the nature of his or her interest and comply with any directions the Commission may give him or her in relation to the matter.

(7) Without prejudice to the generality of subsections (1) to (6), a person shall be regarded as having a beneficial interest for the purposes of this section if the person or any connected person—

(a) is a member of a company or any other body which has a beneficial interest in, or that is material to, any matter referred to in subsections (1) to (6),

(b) is in partnership with or is in the employment of a person who has a beneficial interest in, or that is material to, any such matter,

(c) is a party to any arrangement or agreement (whether or not enforceable) concerning any land or maritime site to which any such matter relates, or

(d) has any other beneficial interest in, or that is material to, any such matter.

(8) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or that is material to, any matter referred to in subsections (1) to (6) by reason only of an interest that is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(9) Where a person has a beneficial interest referred to in subsections (1) to (6) by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her spouse or civil partner and the total value of those shares does not exceed the lesser of—

(a) €13,000, or

(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class of shares in which he or she has an interest,

none of those subsections shall have effect in relation to that beneficial interest.

(10) Subject to subsection (11), a person who contravenes or fails to comply with a requirement of this section shall be guilty of an offence.

(11) In any proceedings for an offence under this section, it shall be a defence for the defendant to prove that, at the time of the alleged offence, he or she did not know and had no reason to believe that—

(a) a matter in which, or in relation to which, he or she had a beneficial interest had arisen or had come before, or was being considered by, the Commission or the relevant planning authority or committee, as applicable, or

(b) the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied.

(12) For the purposes of subsections (7) and (9), a person who is a member of any company formed and registered under the Companies Act 2014 (or an existing company within the meaning of that Act) that is deemed to be a subsidiary of another or to be another such company’s holding company shall be deemed also to be a member of the other company.

(13) In this section—

“civil partner” has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“cohabitant” shall be construed in accordance with section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“connected person”, in relation to a person, means—

(a) any brother, sister or parent of the person,

(b) the spouse or civil partner of the person, except where the spouse or civil partner is living separately and apart from the person,

(c) any cohabitant of the person,

(d) any child of the person, or

(e) any child of the person’s spouse, civil partner or cohabitant, except where the spouse or civil partner is living separately and apart from the person.

575. Prohibition on certain communications concerning Commission and planning authorities

575. (1) Any person who communicates with—

(a) a Planning Commissioner, a member of the Governing Board, a member of the staff (including the chief executive officer) of, or consultant or adviser to, the Commission or a person whose services are availed of by the Commission by virtue of section 530, or

(b) any member of a planning authority or any officer of a planning authority where the officer is of a class, description or grade as may be prescribed for the purposes of this section,

for the purpose of influencing improperly the person communicated with as to the performance of functions under this Act shall be guilty of an offence.

(2) In circumstances where a person referred to in paragraph (a) or (b) of subsection (1) becomes of the opinion that a communication is in contravention of subsection (1), he or she shall—

(a) not entertain the communication further, and

(b) notify in writing forthwith the Commission or relevant planning authority, as appropriate, of the communication.

576. Ministerial oversight of performance of functions by planning authorities and regional assemblies

576. (1) A planning authority or a regional assembly shall supply the Minister with such information relating to the performance of its functions as the Minister may request.

(2) A planning authority or regional assembly shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and management, and of the systems and procedures used by it in relation to its functions under this Act.

(3) The Minister may (notwithstanding the fact that a direction has been given under subsection (2)) appoint a person other than the planning authority or regional assembly concerned to carry out a review of the organisation and management of a planning authority, or a regional assembly, and of the systems and procedures used by the planning authority or regional assembly in relation to its functions under this Act, where he or she considers it appropriate to do so, and the planning authority or regional assembly shall cooperate with, and comply with a request of, the person appointed.

(4) Where the Minister gives a direction under subsection (2) or makes an appointment under subsection (3), the planning authority, regional assembly or person appointed shall report to the Minister the results of the review.

(5) A planning authority or regional assembly shall comply with any requirement which the Minister may, after consultation with the planning authority or regional assembly as regards the results of a review referred to in subsection (2) or (3), impose in relation to all or any of the matters which were the subject of the review.

577. Appointment of commissioner to perform functions of planning authority

577. (1) Without prejudice to the powers of the Minister under Part 21 of the Act of 2001, the Minister may appoint a person to be a commissioner to carry out, and have full responsibility for, all or any of the functions of a planning authority under this Act (and in doing so may distinguish between reserved functions and other functions) where the Minister, for stated reasons—

(a) has formed an opinion referred to in subsection (2), and

(b) considers it necessary or appropriate to do so.

(2) The opinion referred to in subsection (1) is an opinion arising from the matters referred to in subsection (3) that a planning authority—

(a) may not be carrying out its functions under this Act in accordance with the requirements of or under this Act,

(b) may not be performing its functions under this Act in a manner which respects the National Planning Framework, regional spatial and economic strategies, development plans, urban area plans, coordinated area plans, priority area plans, the National Marine Planning Framework or maritime spatial plans,

(c) may not be complying with a National Planning Statement, a direction issued under section 65 or 80 or a direction issued under subsection (2) of section 576,

(d) may be applying inappropriate standards of administrative practice or otherwise acting contrary to fair or sound administration in the performance of its functions under this Act,

(e) may be applying systemic discrimination in the performance of its functions under this Act,

(f) may be operating in a manner whereby there is impropriety or risks of corruption in the performance of its functions under this Act,

(g) may be operating in a manner whereby there are serious diseconomies or inefficiencies in the performance of its functions under this Act, or

(h) may not be performing its functions under Part 11 appropriately to ensure compliance in its functional area with this Act.

(3) The matters referred to in subsection (2) are:

(a) directions issued by the Minister under section 65 or 80;

(b) a report or information arising from a preliminary examination of a complaint under subsection (3) of section 551;

(c) a draft report under subsection (1) of section 553 or, where the report has been finalised, the report referred to in subsection (3) of section 553;

(d) a report or information arising from a review under subsection (2) or (3) of section 576;

(e) information otherwise available to the Minister.

(4) In considering whether it is necessary or appropriate to appoint a commissioner under subsection (1), the Minister may have regard to any loss of public confidence in the carrying out by the planning authority of its functions and the need to restore that confidence.

(5) A commissioner shall be appointed in accordance with such terms and conditions and for such period as may be specified by the Minister.

(6) A planning authority may, on stated grounds based on subsections (1) to (4), by resolution, request the Minister to appoint a commissioner to carry out all or any of the functions of the authority under this Act and the Minister shall have regard to any such request.

(7) It shall be the duty of every member of, and every chief executive and member of staff of, a planning authority to cooperate with, and comply with a request of, a commissioner appointed under this section.

(8) A person who obstructs or impedes, or without reasonable excuse fails to comply with a request of, a commissioner under this section shall be guilty of an offence.

(9) A person who is guilty of an offence under subsection (8) is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months or to both.

578. Provisions relating to offences

578. (1) A person who is guilty of an offence under this Part (other than an offence under subsection (8) of section 577) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both.

(2) Proceedings for an offence under section 574 shall not be instituted except by or with the consent of the Director of Public Prosecutions.

(3) Where—

(a) a person is convicted of an offence under section 574, and

(b) the person is a member of—

(i) a planning authority, or

(ii) a committee of a planning authority,

the person shall on conviction cease to be a member of the planning authority or committee of a planning authority, as the case may be.

(4) Where a person by virtue of subsection (3) ceases to be a member of any planning authority or committee of a planning authority, as the case may be, he or she shall be disqualified from being a member of that—

(a) planning authority during the period which, but for the cessation of his or her membership under this section, would be the remainder of his or her term, or

(b) committee of a planning authority during the period which, but for the cessation of his or her membership under this section, would be the remainder of his or her term or during a fixed period of 5 years, whichever is the longer period.

(5) A disqualification under this section shall take effect on the expiry of the ordinary time for appeal from the conviction concerned or, if an appeal is brought within that time, upon the final disposal of that appeal.

(6) Where a person contravenes or fails to comply with a requirement of section 574, or acts as a member of a planning authority or committee of a planning authority, as the case may be, while disqualified for membership by virtue of this section, the fact of the contravention or failure or of his or her so acting, as the case may be, shall not invalidate any act or proceeding of the planning authority or committee of a planning authority, as the case may be.

579. Effect of repeal of section 255 of Act of 2000

579. Notwithstanding the repeal of section 255 of the Act of 2000 effected by section 6, the said section 255 shall continue to apply and have effect in relation to any request, direction or appointment under that section made or given before that repeal.

PART 20 Financial and Miscellaneous Provisions

580. Charging of expenses of planning authority

580. The expenses incurred by a planning authority under this Act shall be charged on the local authority concerned.

581. Apportionment of joint expenses of planning authorities

581. (1) Two or more planning authorities may, by resolution, make and carry out an agreement for sharing the cost of performing all or any of their functions under this Act and, where an agreement has been made under this subsection, the planning authorities concerned may, by resolution, terminate it at any time if they so agree.

(2) Where a planning authority proposes to perform in its functional area or nearshore area a function under this Act at the request of or wholly or partially in the interests of the area of another planning authority (being a planning authority whose area is contiguous with the area of the first-mentioned planning authority), the other planning authority shall defray the cost of the performance of the function to such extent as may be agreed upon between the authorities or, in default of agreement, as shall be determined by the Minister.

582. Power to set off

582. Where a sum of money is due under this Act to any person by a planning authority and, at the same time, another sum of money under this Act is due by that person to that authority, the planning authority may set off the former sum against the latter, as may be appropriate, in whole or in part.

583. Fees payable to planning authorities

583. (1) The Minister may make regulations providing for—

(a) the payment to planning authorities of prescribed fees in relation to applications for—

(i) permission under Part 4, or

(ii) extensions, further extensions or alterations under Chapter 5 of Part 4,

(b) the payment to planning authorities of prescribed fees in relation to the making of submissions respecting applications for permission referred to in paragraph (a),

(c) the payment to planning authorities of prescribed fees in relation to requests for declarations under section 10,

(d) the payment to planning authorities of prescribed fees in relation to requests for declarations under section 310,

(e) the payment to planning authorities of prescribed fees in relation to any consultation or advice under section 90, 91 or 139, and

(f) the payment to planning authorities of prescribed fees in relation to applications for grants of licences under section 13.

(2) Regulations under this section may provide for the following:

(a) the payment of different fees in relation to cases of different classes or descriptions;

(b) exemption from the payment of fees in specified circumstances;

(c) the waiver, remission or refund (in whole or in part) of fees in specified circumstances;

(d) the manner in which fees are to be disposed of.

(3) (a) Where, under regulations under this section, a fee is payable to a planning authority by an applicant in respect of an application to which paragraph (a) or (f) of subsection (1) applies, a decision in relation to the application shall not be made until the fee is paid.

(b) Where, under regulations under this section, a fee is payable to a planning authority by a person in respect of a request to which paragraph (c) or (d) of subsection (1) applies, the planning authority shall not make the declaration, until the fee is paid.

(c) Where, under regulations under this section, a fee is payable to a planning authority by a person in respect of a consultation or advice to which paragraph (e) of subsection (1) applies, the planning authority shall not engage in the consultation or provide the advice, as the case may be, until the fee is paid.

(4) A submission referred to in paragraph (b) of subsection (1) shall not be considered by the planning authority unless any fee payable in respect of the submission has been received by the planning authority within the time limit prescribed.

(5) A planning authority shall specify fees for the making of copies under any section of this Act, not exceeding the reasonable cost of making such copies.

584. Development contributions

584. (1) In this section—

“public infrastructure and facilities” means—

(a) the acquisition of land for one or more than one of the purposes referred to in paragraphs (b) to (n),

(b) the provision of open spaces, recreational and community facilities and landscaping works,

(c) the provision of roads, car parks, car parking places, surface water sewers and flood relief work,

(d) the provision of bus corridors and lanes, bus interchange facilities (including car parks for those facilities), infrastructure to facilitate public transport, cycle and pedestrian facilities and traffic calming measures,

(e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, surface water sewers and flood relief work,

(f) the provision of high-capacity telecommunications infrastructure, such as broadband,

(g) the provision of sites for schools and other educational facilities, including childcare facilities,

(h) infrastructure, pertaining to aspects of the natural and built environment relating to land, that provides ecosystemic and social benefits, including infrastructure to support decarbonisation and the reduction of anthropogenic greenhouse gases,

(i) infrastructure, pertaining to aspects of the natural and built environment relating to water, waterways and water bodies, that provide ecosystemic and social benefits, including infrastructure such as flood defences and sustainable water management solutions,

(j) works relating to the character and amenity of areas to which the public have access such as roads, footpaths, lanes, parks, squares, open spaces and building facades,

(k) the provision of sites for facilities for the social, economic, recreational, cultural, environmental or general development of the community,

(l) the provision of sites for facilities for the elderly and for persons with disabilities,

(m) facilities (including programmes) relating to education, training or skills development in connection with the provision of employment opportunities for the community in conjunction with an established educational authority or institution, and

(n) any infrastructure or amenities ancillary to any of the matters referred to in paragraphs (b) to (m);

“scheme” shall be construed in accordance with paragraph (a) of subsection (2);

“special contribution” means a special contribution referred to in subsection (10).

(2) (a) A planning authority may, as it sees fit, make one or more than one development contribution scheme under this section (in this section referred to as a “scheme”) and different schemes may be so made in respect of different parts of its functional area.

(b) A scheme may make provision for the payment of different contributions in respect of different classes or descriptions of development.

(c) Subject to paragraph (d), a scheme shall state the basis for determining the contributions to be paid in respect of public infrastructure and facilities in accordance with the terms of the scheme.

(d) In stating the basis for determining the contributions in accordance with paragraph (c), a scheme shall indicate the contribution to be paid in respect of the different classes of public infrastructure and facilities which are provided or to be provided by any local authority and the planning authority shall have regard to the actual estimated cost of providing the classes of public infrastructure and facilities except that any benefit which accrues in respect of existing development may not be included in any such determination.

(e) A scheme may allow for the payment of a reduced contribution or no contribution in certain circumstances in accordance with the terms of the scheme.

(f) A scheme shall include details of the public infrastructure and facilities which are provided or proposed to be provided, including an order of priority in respect of specific locations within the functional area of the planning authority where at least 30 per cent of the contributions will be focused for spending to align with the zoning of land for new development of all classes within the development plan, and the planning authority shall from time to time, as required, amend the scheme to reflect changes to zoning objectives.

(3) Where a planning authority proposes to make a scheme, it shall publish, on its website and in at least one newspaper, a notice—

(a) stating that a draft scheme has been prepared,

(b) giving details of the proposed contributions under the draft scheme,

(c) indicating the times at which, the period (which shall be not less than 6 weeks) during which, and the place where, a copy of the draft scheme may be inspected, and

(d) stating that submissions or observations may be made in writing to the planning authority in relation to the draft scheme before the end of the period for inspection.

(4) (a) In addition to the requirements of subsection (3), a planning authority shall send a copy of the draft scheme to the Minister.

(b) The Minister may make recommendations to the planning authority regarding the terms of the draft scheme within 6 weeks of being sent the scheme.

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

(b) A report under paragraph (a) shall—

(i) list the persons who made submissions or observations under subsection (3),

(ii) summarise the issues raised by the persons in the submissions or observations, and

(iii) give the response of the chief executive to the issues raised, taking account of the proper planning and sustainable development of the area.

(6) The members of the planning authority shall—

(a) consider the draft scheme and the report of the chief executive under subsection (5), and

(b) have regard to any recommendations made by the Minister under subsection (4).

(7) (a) Subject to paragraph (b), following the consideration of the chief executive’s report, and having had regard to any recommendations made by the Minister under subsection (4), the planning authority shall, by resolution—

(i) make the scheme as recommended in such report,

(ii) make the scheme as recommended in such report with such variations or modifications to the scheme as it considers appropriate in all the circumstances of the case, or

(iii) decide not to make the scheme.

(b) A resolution under paragraph (a) must be passed not later than 6 weeks after receipt of the chief executive’s report.

(8) (a) Subject to paragraph (b), where a planning authority makes a scheme in accordance with subparagraph (i) or (ii) of paragraph (a) of subsection (7), the authority shall cause notice of the making of the scheme to be published on its website and in at least one newspaper.

(b) A notice under paragraph (a) shall—

(i) give the date of the decision of the planning authority in respect of the draft scheme,

(ii) state the nature of the decision, and

(iii) contain such other information as may be prescribed.

(9) (a) A grant of permission may include conditions requiring the payment of a contribution in accordance with a scheme.

(b) Subject to subsection (10), the basis for the determination of a contribution under paragraph (a) shall be set out in a scheme.

(10) (a) A planning authority may, in addition to the terms of a scheme, require the payment of a special contribution in respect of a particular development where specific exceptional costs not covered by a scheme are incurred by any local authority in respect of public infrastructure and facilities which benefit the proposed development.

(b) Where payment of a special contribution is required in accordance with paragraph (a), the requirement shall specify the particular works carried out, or proposed to be carried out, by any local authority to which the contribution relates.

(11) (a) A planning authority may—

(i) facilitate the phased payment of contributions under this section,

(ii) require the giving of security to ensure the payment of contributions, or

(iii) both—

(I) facilitate the phased payment of contributions under this section, and

(II) require the giving of security to ensure the payment of contributions.

(b) Where a contribution is not paid in accordance with a condition attached to a grant of permission, any outstanding amounts due to the planning authority shall be paid together with interest that may have accrued over the period while withheld by the person required to pay the contribution.

(c) A planning authority may recover, as a simple contract debt in a court of competent jurisdiction, any contribution or interest due to the planning authority under this section.

(12) (a) Moneys accruing to a local authority under this section shall—

(i) be accounted for in a separate account, and

(ii) only be applied as capital for public infrastructure and facilities.

(b) A report of a local authority under section 50 of the Local Government Act 1991 shall—

(i) contain details of moneys paid or owing to it under this section, and

(ii) indicate how such moneys paid to it have been expended by any local authority.

(13) (a) Subject to paragraph (b), no appeal shall lie to the Commission in relation to a condition requiring a contribution to be paid in accordance with a scheme.

(b) An appeal may be brought to the Commission where an applicant for permission under subsection (1) of section 84 considers that the terms of a scheme have not been properly applied in respect of any condition laid down by the planning authority.

(c) Notwithstanding subsection (3) of section 100, where an appeal is brought in accordance with paragraph (b), and no other appeal of the decision of a planning authority is brought by any other person under section 102, the authority shall make the grant of permission as soon as may be after the expiration of the period for the taking of an appeal, provided that the person who takes the appeal in accordance with paragraph (b) furnishes to the planning authority security for payment of the full amount of the contribution as specified in the condition.

(14) Where an appeal is brought to the Commission in respect of a refusal to grant permission under Chapter 3 of Part 4 and the Commission decides to grant permission, it shall, where appropriate, apply as a condition to the permission the provisions of the contribution scheme for the time being in force in the area of the proposed development.

(15) (a) Notwithstanding sections 102 and 112, where an appeal received by the Commission after the commencement of this section relates solely to a condition dealing with a special contribution, and no appeal is brought by any other person under section 102 against the decision of the planning authority under section 98, the Commission shall not determine the relevant application as if it had been made to it in the first instance, but shall determine only the matters under appeal.

(b) Notwithstanding subsection (3) of section 100, where an appeal referred to in paragraph (a) is received by the Commission, and no appeal is brought by any other person under section 102, the planning authority shall make the grant of permission as soon as may be after the expiration of the period for the making of an appeal, provided that the person who makes the appeal furnishes to the planning authority, pending the decision of the Commission, security for payment of the full amount of the special contribution as specified in the condition referred to in paragraph (a).

(16) Where a permission which includes conditions referred to in subsection (9) has been granted in respect of a development and the basis for the determination of the contribution under that subsection has changed—

(a) where the development is one to which Part II of the Building Control Regulations 1997 (S.I. No. 496 of 1997) applies and a commencement notice within the meaning of that Part in respect of the development has not been lodged, or

(b) where the development comprises houses and one or more than one of those houses has not been rented, leased, occupied or sold,

the planning authority shall apply that change to the conditions of the permission where to do so would reduce or increase the amount of the contribution payable.

(17) Where a development referred to in subsection (16) comprises houses one or more than one of which has not been rented, leased, occupied or sold, the planning authority shall apply the change in the basis for the determination of the contribution referred to in that subsection only in respect of any house or houses that have not been rented, leased, occupied or sold.

(18) Where the planning authority applies a change in the basis for the determination of a development contribution under subsection (16), it may amend a condition referred to in subsection (9) in order to reflect the change.

(19) Where the payment of a special contribution is required in accordance with subsection (10), the following provisions shall apply:

(a) where—

(i) the works concerned are not commenced within 5 years of the date of payment of the contribution (or final instalment therof, if paid by phased payment under paragraph (a) of subsection (11)),

(ii) the works concerned have commenced, but have not been completed within 7 years of the date of payment of the contribution (or final instalment thereof, if paid by phased payment under paragraph (a) of subsection (11)), or

(iii) the local authority decides not to proceed with the works concerned or part thereof,

the contribution shall, subject to paragraph (b), be refunded to the applicant together with any interest that may have accrued over the period while held by the local authority;

(b) where under subparagraph (ii) or (iii) of paragraph (a), any local authority has incurred expenditure within the required period in respect of a proportion of the works proposed to be carried out, any refund shall be in proportion to those proposed works which have not been carried out.

(20) A planning authority may permit the transfer of land to the local authority or the development of infrastructure in full or partial discharge of obligations arising under this section.

(21) Where, immediately before the commencement of this section, a development contribution scheme was in force under section 48 of the Act of 2000, that scheme shall, on and after that commencement and as in force immediately before that commencement (including, in that respect, the unexpired period left to run, immediately before that commencement, for the scheme to remain in force), be deemed to be made under this section, and this section shall, with all necessary modifications, be construed accordingly.

(22) (a) A requirement under paragraph (c) of subsection (2) of section 48 of the Act of 2000 to pay a special contribution shall be deemed to be a requirement to pay a special contribution in accordance with subsection (10).

(b) Notwithstanding the repeal of section 48 of the Act of 2000 by section 6, subsection (12) of the said section 48 shall continue to apply and have effect on and after that repeal in relation to a requirement to which paragraph (a) applies.

(23) Where, before the repeal of section 48 of the Act of 2000 by section 6, a planning authority published a notice under subsection (4) of the said section 48 in relation to a draft scheme but did not perform the functions under subsection (8) of the said section 48 in relation to the draft scheme, that notice shall be deemed to be a notice published in accordance with subsection (3) and the draft scheme shall be deemed to be a draft scheme prepared under this section.

585. Supplementary development contribution schemes

585. (1) In this section—

“planned public infrastructure project” means—

(a) the provision of a particular rail, light rail or other public transport infrastructure, including car parks and other ancillary development,

(b) the provision of particular new national roads (within the meaning of the Roads Act 1993),

(c) the provision of new surface water sewers,

(d) the provision of new schools or extensions to existing schools, or

(e) any infrastructure ancillary to any of the matters referred to in paragraphs (a) to (d);

“supplementary scheme” shall be construed in accordance with paragraph (a) of subsection (2).

(2) (a) A planning authority may, in consultation with a public body carrying out or proposing to carry out a public infrastructure project, make one or more than one supplementary development contribution scheme under this section (in this section referred to as a “supplementary scheme”) specifying—

(i) the area or areas within the functional area of the planning authority to which the supplementary scheme relates,

(ii) the public infrastructure project to which the supplementary scheme relates,

(iii) the length of time that the supplementary scheme is proposed to be in effect, and

(iv) the total estimated cost of delivering the planned public infrastructure project, the total contribution to the delivery of the project proposed to be secured by the supplementary scheme, and the proposed contribution or contributions payable in connection with certain classes of development to which the supplementary scheme relates.

(b) A supplementary scheme may make provision for the payment of different contributions in respect of different classes or descriptions of development.

(3) Subsections (2) (other than paragraph (f)), (3), (4), (5), (6), (7), (8), (11), (13) and (14) of section 584 shall apply to a supplementary scheme subject to—

(a) the modification that references in those subsections to a scheme shall be construed as references to a supplementary scheme,

(b) any other necessary modifications, and

(c) this section.

(4) A planning authority may, when granting a permission, include conditions requiring the payment of a contribution in respect of any public infrastructure project—

(a) specified in a supplementary scheme, and

(b) that will benefit the development to which the permission relates when carried out.

(5) The amount, and manner of payment, of a contribution under subsection (4) shall be determined in accordance with a supplementary scheme.

(6) Where the cost of carrying out the planned public infrastructure project is less than the cost that was estimated when the planning authority first determined the amount of the contribution, the planning authority shall, as soon as practicable following the determination of the lesser cost, amend a supplementary scheme for the purpose of modifying the manner of determining a contribution pursuant to a condition under subsection (4).

(7) A planning authority shall, where either the proposed total contribution set out within the supplementary scheme has been secured or where the public body no longer intends to carry out the public infrastructure project the subject of the scheme, revoke the scheme.

(8) A planning authority shall not, pursuant to a condition under subsection (4), require the payment of a contribution in respect of a planned public infrastructure project where the person concerned has made a contribution under section 584 in respect of public infrastructure and facilities (within the meaning of that section) of which such planned public infrastructure project constituted a part.

(9) Notwithstanding subsection (3), and subsection (13) of section 584, the Commission shall consider an appeal brought to it by an applicant for permission under subsection (1) of section 84, in relation to a condition requiring the payment of a contribution in respect of a planned public infrastructure project specified in a supplementary scheme, where the applicant considers that the project will not benefit the development to which the permission relates and subsection (15) of section 584 shall apply to such an appeal.

(10) Subsections (16), (17) and (18) of section 584 shall apply where the basis for the determination of a contribution under subsection (4) has changed subject to—

(a) the modification that references in those subsections to a contribution shall be construed as references to a contribution to a supplementary scheme,

(b) any other necessary modifications, and

(c) this section.

(11) (a) Moneys accruing to a local authority under this section shall be accounted for in a separate account.

(b) Where the public body carrying out or proposing to carry out the planned public infrastructure project is the local authority, money accruing to the local authority under this section shall only be applied as capital for the planned public infrastructure project concerned.

(c) A report of a local authority under section 50 of the Local Government Act 1991 shall—

(i) contain details of moneys paid or owing to it under this section, and

(ii) indicate how such moneys paid to it have been expended by any local authority.

(d) Where the public body carrying out or proposing to carry out the planned public infrastructure project is not the local authority, the local authority and the public body shall enter into an agreement made in advance of the supplementary scheme coming into effect and in accordance with regulations made under this section, specifying the arrangements for the transfer of contributions from the local authority to the public body.

(e) Where paragraph (d) applies, the public body shall prepare and provide a report to the Minister on an annual basis from the date of the agreement, and the report shall contain details of moneys paid or owing to it under this section and shall indicate how such moneys paid to it have been expended by the public body.

(12) Where payment of a contribution is required in accordance with this section, the following provisions shall apply:

(a) where—

(i) the planned public infrastructure project concerned is not commenced within 10 years of the date of the payment of the contribution (or final instalment thereof, if paid by phased payment under paragraph (a) of subsection (11) of section 584 as applied by subsection (3)), or

(ii) the public body decides not to proceed with the planned public infrastructure project concerned,

the contribution shall, subject to paragraph (b), be refunded to the applicant together with any interest that may have accrued over the period while held by the public body;

(b) where under subparagraph (i) or (ii) of paragraph (a), any public body has incurred expenditure within the required period in respect of a proportion of the works proposed to be carried out in respect of the planned public infrastructure project referred to in that subparagraph, any refund shall be in proportion to those proposed works in respect of such project which have not been carried out.

(13) Where, immediately before the commencement of this section, a supplementary development contribution scheme was in force under section 49 of the Act of 2000, that scheme shall, on and after that commencement and as in force immediately before that commencement, be deemed to be made under this section, and this section shall, with all necessary modifications, be construed accordingly.

586. Limitation on power of Minister

586. (1) Subject to Part 6, the Minister shall not—

(a) perform any function, or

(b) influence or attempt to influence a planning authority or the Commission in the performance of any of its functions,

in relation to a request under section 10 or an application for permission or an appeal under Part 4, except where he or she is—

(i) the person who made the request,

(ii) the applicant for permission, or

(iii) a party to the appeal.

(2) The Minister shall not influence or attempt to influence a planning authority or the Commission in relation to the performance by it of functions under Part 11.

(3) Subject to this Act, the Minister shall not influence or attempt to influence a planning authority or the Commission in relation to the performance by it of functions under this Act (other than Parts 4 and 11).

(4) Notwithstanding subsection (1), the Minister is entitled to make submissions to a planning authority or the Commission in relation to an application for permission or appeal under Part 4 where it is necessary or expedient for the effective performance of his or her functions under this Act or any other enactment.

587. Prohibition on requesting payment in consideration of not opposing development

587. (1) A person (in this section referred to as the “requester”) shall not request another person to—

(a) make a payment of any sum of money or benefit in kind to the requester or any person named by the requester, or

(b) do any other thing for the purpose of the conferral of a financial or other economic benefit on the requester or any person named by the requester,

in consideration of the requester or any other person agreeing not to—

(i) make a submission or observation under Part 4 or 6 in relation to an application for permission,

(ii) appeal a grant of permission to the Commission, or

(iii) bring proceedings for judicial review of a grant of permission.

(2) A person (in this section also referred to as the “requester”) shall not request another person to—

(a) make a payment of any sum of money or benefit in kind to the requester or any person named by the requester, or

(b) do any other thing for the purpose of the conferral of a financial or other economic benefit on the requester or any person named by the requester,

in consideration of the requester or any other person agreeing to—

(i) withdraw a submission or observation under Part 4 or 6 in relation to an application for permission,

(ii) withdraw, or otherwise not continue to proceed with, an appeal to the Commission from a grant of permission, or

(iii) withdraw, or otherwise not continue to prosecute, proceedings for judicial review of a grant of permission.

(3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

(4) (a) The High Court may—

(i) upon the application of an applicant for permission, and

(ii) if satisfied that—

(I) in connection with a submission or observation in relation to that application for permission, a request (whether or not made before the making of the submission or observation) was made in contravention of subsection (1) or (2), and

(II) the interests of justice so require,

give a direction to the planning authority requiring it to disregard that submission or observation when making a decision in relation to the application for permission under Chapter 3 or 5 of Part 4.

(b) A planning authority shall comply with a direction given to it under paragraph (a).

(c) The applicant for permission shall, not later than 7 days before the making of an application under this subsection, inform the planning authority in writing of his or her intention to make such application.

(d) The period from the making of an application under this subsection to the final determination of that application shall not be reckonable for the purposes of calculating the period within which the planning authority is required to make a decision under section 98 in relation to the application for permission concerned.

(5) (a) The High Court may—

(i) upon the application of an applicant for permission, and

(ii) if satisfied that—

(I) in connection with a submission or observation in relation to that application for permission, a request (whether or not made before the making of the submission or observation) was made in contravention of subsection (1) or (2), and

(II) the interests of justice so require,

give a direction to the Commission requiring it to disregard that submission or observation when making a decision in relation to the application for permission under Chapter 4 or 5 of Part 4.

(b) The Commission shall comply with a direction given to it under paragraph (a).

(c) The applicant for permission shall, not later than 7 days before the making of an application under this subsection, inform the planning authority in writing of the making of that application.

(d) The period from the making of an application under this subsection to the final determination of that application shall not be reckonable for the purposes of calculating the period within which the Commission is required to make a decision under section 123 in relation to the application for permission concerned.

(6) (a) The High Court may—

(i) upon the application of the respondent to an appeal to the Commission from a grant of permission by a planning authority, and

(ii) if satisfied that—

(I) in connection with that appeal, a request (whether or not made before the bringing of the appeal) was made in contravention of subsection (1) or (2), and

(II) the interests of justice so require,

give a direction to the Commission requiring it to dismiss the appeal.

(b) The Commission shall comply with a direction given to it under paragraph (a).

(c) The respondent to an appeal referred to in subparagraph (i) of paragraph (a) shall, not later than 7 days before the making of an application under this subsection, inform the Commission in writing of the making of that application.

(d) The period from the making of an application under this subsection to the final determination of that application shall not be reckonable for the purposes of calculating the period within which the Commission is required to make a decision under section 109 in relation to the appeal concerned.

(7) The High Court shall dismiss proceedings for judicial review of a grant of permission if satisfied that—

(a) in connection with those proceedings, a request (whether or not made before the bringing of those proceedings) was made in contravention of subsection (1) or (2), and

(b) the interests of justice so require.

(8) This section shall not apply to a request made by the owner or occupier of land or a maritime site if—

(a) the request is made in good faith for the purpose of compensation for loss (in whole or in part) of enjoyment of that land or maritime site by that owner or occupier, and

(b) such loss of enjoyment of the land or maritime site is, or is likely to be, occasioned by the development or proposed development concerned.

588. Mandatory declaration by certain participants in planning process

588. (1) A submission or observation under Part 4 or 6 shall be accompanied by a declaration in such form as may be prescribed made by the person making the submission or observation stating that the submission or observation is not made for the purpose of—

(a) delaying the carrying out of any development or proposed development, or

(b) securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person.

(2) An appeal to the Commission from a decision of a planning authority under Part 4 shall be accompanied by a declaration in such form as may be prescribed made by the person bringing the appeal (except where the appeal is brought by the applicant for permission concerned) stating that the appeal is not brought for the purpose of—

(a) delaying the carrying out of any development or proposed development, or

(b) securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person.

(3) A person who brings proceedings for judicial review of a grant of permission shall provide the High Court with a declaration in such form as may be prescribed made by the person stating that the proceedings are not brought for the purpose of—

(a) delaying the carrying out of any development or proposed development, or

(b) securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person.

(4) (a) A notification by a person to a planning authority or the Commission that he or she is withdrawing a submission or observation under Part 4 or 6 shall be accompanied by a declaration in such form as may be prescribed made by the person that the withdrawal of the submission or observation is not for the purpose of securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person.

(b) A notification by a person to the Commission that he or she is withdrawing an appeal under Part 4 shall be accompanied by a declaration in such form as may be prescribed made by the person that the withdrawal of the appeal is not for the purpose of securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person.

(5) A notification by a person to the High Court that he or she is withdrawing proceedings for judicial review of a grant of permission shall be accompanied by a declaration in such form as may be prescribed made by the person that the withdrawal of the proceedings is not for the purpose of securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person.

(6) A person who—

(a) fails to comply with this section, or

(b) in purported compliance with this section, makes a declaration that is false or misleading in any material respect, knowing it to be so false or misleading,

shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both.

PART 21 Strategic Development Zones

589. Interpretation

589. In this Part—

“development agency” means the Industrial Development Agency (Ireland), Enterprise Ireland, Údarás na Gaeltachta, the National Building Agency Limited, the Grangegorman Development Agency, the Land Development Agency, a local authority or such other person as may be prescribed by the Minister for the purposes of this Part;

“relevant public land” has the same meaning as it has in the Land Development Agency Act 2021.

590. Designation of sites for strategic development zones

590. (1) Sites designated under section 166 of the Act of 2000 for the establishment of strategic development zones shall, unless such designation is revoked under this Part, continue in being as strategic development zones for the purposes for which they were so designated.

(2) The Government may revoke or amend an order made under section 166 of the Act of 2000, but no such amendment shall designate any site not already part of a strategic development zone at the date of commencement of this Part, unless it is ancillary to a site already so designated and is reasonably necessary for the purpose of the development of the site already so designated.

(3) The Minister shall send a copy of any order made under this section to any relevant development agency, planning authority and regional assembly and to the Commission.

(4) (a) Not less than 12 months after the commencement of this Part, the Minister shall carry out a review of all sites in respect of which orders have been made under section 166 of the Act of 2000 and shall make proposals to the Government in relation to the revocation or amendment of such orders in respect of such sites or parts of sites where planning schemes have not been made under Part IX of the Act of 2000.

(b) In the case of any sites in respect of which no planning scheme has been made under Part IX of the Act of 2000, the Minister shall propose the revocation of the order or (in a case where a planning scheme has been made in respect of part of the site) the amendment of the order by the reduction of the area of the site, save in exceptional circumstances.

591. Acquisition of site for strategic development zone

591. (1) A planning authority may use any powers to acquire land that are available to it under any enactment, including any powers in relation to the compulsory acquisition of land, for the purposes of providing, securing or facilitating the provision of, a site referred to in section 590.

(2) Where a person, other than the relevant development agency, has an interest in land, or any part of land, on which a site or sites referred to in an order under subsection (1) of section 166 of the Act of 2000 is or are situated, the relevant development agency may enter into an agreement with that person for the purpose of facilitating the development of the land.

(3) An agreement made under subsection (2) with any person having an interest in land may be enforced by the relevant development agency against persons deriving title under that person in respect of that land.

592. Planning scheme for strategic development zones

592. (1) Where any draft planning scheme has been prepared under section 168 of the Act of 2000 but not yet made, a planning scheme may be made pursuant to Part IX of the Act of 2000 notwithstanding its repeal, and upon the making of the planning scheme, this Part shall apply to the planning scheme and the site.

(2) (a) Where no draft planning scheme has been prepared under section 168 of the Act of 2000 in respect of a site or part of a site designated under an order made under section 166 of the Act of 2000, and no order has been made revoking or amending the first-mentioned order in a manner that excludes that site or part of a site, the relevant development agency (other than a local authority) or, where an agreement referred to in section 167 of the Act of 2000 or section 591 has been made, the relevant development agency (other than a local authority) and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site and submit it to the relevant planning authority.

(b) The local authority, where it is the development agency, or where an agreement referred to in section 167 of the Act of 2000 or section 591 has been made, the local authority and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site.

(3) A draft planning scheme under this section shall consist of a written statement and a plan indicating the manner in which it is intended that the site or part of the site designated under section 166 of the Act of 2000 to which the scheme relates is to be developed and in particular—

(a) the type or types of development which may be permitted to establish on the site (subject to the order of the Government under section 166 of the Act of 2000),

(b) the extent of any such proposed development,

(c) proposals in relation to the overall design of the proposed development, including the maximum heights, the external finishes of structures and the general appearance and design,

(d) proposals relating to transportation, including public transportation, the roads layout, the provision of parking spaces and traffic management,

(e) proposals relating to the provision of services on the site, including the provision of waste and sewerage facilities and water, electricity and telecommunications services, oil and gas pipelines, including storage facilities for oil or gas,

(f) proposals relating to minimising any adverse effects on the environment, including the natural and built environment, and on the amenities of the area, and

(g) where the scheme provides for residential development, proposals relating to the provision of amenities, facilities and services for the community, including schools, créches and other education and childcare services.

(4) The Minister may, for the purposes of giving effect to the Strategic Environmental Assessment Directive, by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a planning scheme.

(5) A screening for appropriate assessment and, if required, an appropriate assessment of a draft planning scheme shall be carried out in accordance with Part 6.

(6) (a) A draft planning scheme for residential development shall be consistent with the housing strategy prepared by the planning authority in accordance with Part V of the Act of 2000 or Part 7.

(b) Where land in a strategic development zone is to be used for residential development, an objective to secure the implementation of the housing strategy shall be included in the draft planning scheme as if it were a specific objective under paragraph (h) of subsection (3) of section 46.

(7) Where an area designated under section 166 of the Act of 2000 is situated within the functional area of two or more planning authorities the functions conferred on a planning authority under this Part shall be exercised—

(a) jointly by the planning authorities concerned, or

(b) by one of the authorities, provided that the consent of the other authority or authorities, as appropriate, is obtained prior to the making of the scheme under section 593,

and the words “planning authority” shall be construed accordingly.

(8) In this section the Land Development Agency shall not be a relevant development agency unless each site referred to in subsection (1) is wholly or partly on relevant public land or land owned by the Agency.

593. Making of planning scheme

593. (1) Where a draft planning scheme has been prepared and submitted to the planning authority in accordance with section 592, the planning authority shall, as soon as may be—

(a) send notice and copies of the draft scheme to the Minister, the Commission and the prescribed authorities, and

(b) publish notice of the preparation of the draft scheme in one or more newspapers circulating in its area.

(2) A notice under subsection (1) shall state—

(a) that a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 6 weeks (and the copy shall be kept available for inspection accordingly), and

(b) that written submissions or observations with respect to the draft scheme made to the planning authority within the stated period will be taken into consideration in deciding upon the scheme.

(3) (a) Not longer than 12 weeks after giving notice under subsection (2) the chief executive of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration.

(b) A report under paragraph (a) shall—

(i) list the persons who made submissions or observations for the purposes of subsections (1) and (2),

(ii) summarise the issues raised by the persons in the submissions or observations, and

(iii) give the response of the chief executive to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

(4) (a) The members of a planning authority shall consider the draft planning scheme and the report of the chief executive prepared and submitted in accordance with subsection (3).

(b) The draft planning scheme shall be deemed to be made 6 weeks after the submission of that draft planning scheme and report to the members of the planning authority in accordance with subsection (3) unless the planning authority decides, by resolution, to—

(i) make, subject to variations and modifications, the draft planning scheme (and the passing of such a resolution shall be subject to paragraphs (c) and (g)), or

(ii) not to make the draft planning scheme.

(c) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are to be carried out as respects one, or more than one, proposed variation or modification that would, if made, be a material alteration of the draft planning scheme.

(d) The chief executive shall, not later than 2 weeks after a determination under paragraph (c) specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph (c).

(e) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (c) is required, in at least one newspaper circulating in its area.

(f) The notice referred to in paragraph (e) shall state—

(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (c) is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and

(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (c) and made to the planning authority within a stated period shall be taken into account by the authority before the draft planning scheme is made.

(g) The planning authority shall carry out an assessment referred to in paragraph (c) of the proposed material alteration of the draft planning scheme within the period specified by the chief executive.

(h) Where a draft planning scheme is—

(i) deemed, in accordance with paragraph (b), to have been made, or

(ii) made in accordance with subparagraph (i) of paragraph (b),

it shall have effect 4 weeks from the date of such making unless an appeal is brought to the Commission under subsection (6).

(5) (a) Following the decision of the planning authority under subsection (4) the authority shall, as soon as may be, and in any case not later than 6 working days following the making of the decision—

(i) give notice of the decision of the planning authority to the Minister, the Commission, the prescribed authorities and any person who made written submissions or observations on the draft scheme, and

(ii) publish notice of the decision in at least one newspaper circulating in its area.

(b) A notice under paragraph (a) shall—

(i) give the date of the decision of the planning authority in respect of the draft planning scheme,

(ii) state the nature of the decision,

(iii) state that a copy of the planning scheme is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly),

(iv) state that any person who made submissions or observations regarding the draft scheme may appeal the decision of the planning authority to the Commission within 4 weeks of the date of the planning authority’s decision, and

(v) contain such other information as may be prescribed.

(6) The development agency or any person who made submissions or observations in respect of the draft planning scheme may, for stated reasons, within 4 weeks of the date of the decision of the planning authority appeal the decision of the planning authority to the Commission.

(7) (a) Following consideration of an appeal made under this section, the Commission may—

(i) subject to paragraph (b) and (c) and subsection (9), approve the making of the planning scheme, with or without any modifications, or

(ii) refuse to approve the making of the planning scheme.

(b) Except where otherwise provided for by and in accordance with paragraph (c) and subsection (9), the Commission shall not approve, on an appeal under this section, a planning scheme with a modification where it determines that the making of the modification would constitute the making of a material change in the overall objectives of the planning scheme concerned.

(c) If the Commission determines that the making of a modification to which, but for this paragraph, paragraph (b) would apply—

(i) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, then it may approve the planning scheme with such a modification and notify the planning authority or each planning authority for the area or areas concerned, of the modification, or

(ii) constitutes the making of a material change but would not constitute a change in the overall objectives of the planning scheme concerned, then, subject to subsection (9), it shall approve the planning scheme with such modification.

(d) Where the Commission approves the making of a planning scheme in accordance with paragraph (a) or (c), the planning authority shall, as soon as practicable, publish notice of the approval of the scheme in at least one newspaper circulating in its area, and shall state that a copy of the planning scheme is available for inspection at a stated place or places, a copy of which shall be made available for inspection accordingly.

(8) (a) Before making a decision under subparagraph (ii) of paragraph (c) of subsection (7) in respect of a planning scheme, the Commission shall—

(i) determine whether the extent and character of the modification it is considering are such that the modification, if it were made, would be likely to have a significant effect on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, and

(ii) for the purpose of so determining, the Commission shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering.

(b) If the Commission determines that the making of a modification referred to in subparagraph (ii) of paragraph (c) of subsection (7)—

(i) is not likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, then it may approve the planning scheme concerned with the modification, or

(ii) is likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, then it shall require the relevant planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed modification.

(c) Before making a determination under subparagraph (ii) of paragraph (c) of subsection (7), the Commission shall require the relevant planning authority—

(i) to send notice and copies of the proposed modification of the planning scheme concerned to the Minister and the prescribed authorities, and

(ii) to publish a notice of the proposed modification of the planning scheme concerned in at least one newspaper circulating in that area,

and every such notice shall state—

(I) the reason or reasons for the proposed modification,

(II) that a copy of the proposed modification, along with any assessment undertaken in accordance with subparagraph (ii) of paragraph (b), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and

(III) that written submissions or observations with respect to the proposed modification may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed modification,

and the copy of the proposed modification shall be made available for inspection accordingly.

(d) Not later than 8 weeks after giving notice under paragraph (c), or such additional time as may be required to complete any assessment that may be required pursuant to subparagraph (ii) of paragraph (b) and agreed with the Commission, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Commission for its consideration.

(e) A report under paragraph (d) shall—

(i) list the persons who made submissions or observations for the purposes of clause (III) of subparagraph (ii) of paragraph (c),

(ii) summarise the issues raised in the submissions or observations so made,

(iii) include, where and if required for the purposes of subparagraph (ii) of paragraph (b), either or both of the following:

(I) the environmental report and strategic environmental assessment of the planning authority;

(II) the Natura impact report and appropriate assessment of the planning authority,

and

(iv) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning scheme, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

(f) Where a report has been submitted to the Commission under paragraph (d), the planning authority concerned shall, upon being requested by the Commission, provide it with copies of such submissions or observations to which that paragraph relates as are so requested.

(g) The Commission shall have regard to any report prepared in accordance with paragraphs (d) and (e).

(h) Subject to any obligations that may arise under Part 6, if the Commission makes a determination to make a modification as referred to in subparagraph (ii) of paragraph (c) of subsection (7), it shall—

(i) approve the planning scheme with the modification accordingly,

(ii) notify the planning authority or each planning authority for the area or areas concerned of the modification, and

(iii) notify any person who made a submission or observation in accordance with clause (III) of subparagraph (ii) of paragraph (c) of the determination under paragraph (c) of subsection (7).

(9) In considering a draft planning scheme under this section a planning authority or the Commission, as the case may be, shall consider the proper planning and sustainable development of the area and consider the provisions of the development plan, the provisions of the housing strategy, any National Planning Policy Guidance, the provisions of any special amenity area order or the conservation and preservation of any European site and, where appropriate—

(a) the effect the scheme would have on any neighbouring land to the land concerned,

(b) the effect the scheme would have on any place which is outside the area of the planning authority, and

(c) any other consideration relating to development outside the area of the planning authority, including any area outside the State.

(10) (a) A planning scheme that contains a provision that contravenes any National Planning Policies and Measures shall be deemed to have been made, under paragraph (b) of subsection (4), subject to the deletion of that provision.

(b) Where a planning scheme departs from any relevant guidance set out in National Planning Policy Guidance by omission of a provision in compliance with that National Planning Policy Guidance, the planning scheme shall be deemed to have been made under paragraph (b) of subsection (4), subject to the addition of that provision.

(11) A planning scheme made under this section or section 169 of the Act of 2000 shall be deemed to form part of any development plan in force in the area of the scheme until the scheme is revoked, and any contrary provisions of the development plan shall be superseded.

594. Application for development in strategic development zone

594. (1) Where an application is made to a planning authority under Part 4 for a development in a strategic development zone, that Part shall apply, subject to the other provisions of this section.

(2) Subject to Part 6, a planning authority shall grant permission in respect of an application for a development in a strategic development zone where it is satisfied that the development, where carried out in accordance with the application or subject to any conditions which the planning authority may attach to a permission, would be consistent with any planning scheme in force for the land in question, and no permission shall be granted for any development which would not be consistent with such a planning scheme.

(3) Notwithstanding Chapter 3 of Part 4, no appeal shall lie to the Commission against a decision of a planning authority on an application for permission in respect of a development in a strategic development zone.

(4) Where the planning authority decides to grant permission for a development in a strategic development zone, the grant shall be deemed to be given on the date of the decision.

595. Amendment of planning scheme

595. (1) A planning authority may, on its own behalf where it is promoting a planning scheme, or on behalf of a development agency which is promoting a planning scheme, make an application to the Commission to request an amendment under this section to a planning scheme.

(2) Where an application under subsection (1) has been made, the Commission shall make a decision, in a manner provided for by this section, as to whether the making of the amendment to which the request relates would constitute the making of a material change to the planning scheme.

(3) (a) Where the amendment fails to satisfy each of the criteria referred to in subparagraphs (i) to (iv) of paragraph (b), the Commission shall require the planning authority to amend the planning scheme in compliance with the procedure laid down in section 593 and that section shall be construed and have effect accordingly.

(b) The criteria referred to in paragraph (a) are that the amendment to the planning scheme concerned—

(i) would not constitute a change in the overall objectives of the planning scheme concerned,

(ii) would not relate to already developed land in the planning scheme,

(iii) would not significantly increase or decrease the overall floor area or density of proposed development, and

(iv) would not adversely affect or diminish the amenity of the area that is the subject of the proposed amendment.

(4) If the Commission determines that the making of the amendment to a planning scheme—

(a) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, then it may approve the making of the amendment to the planning scheme and notify the planning authority or each planning authority for the area or areas concerned, of the amendment, or

(b) constitutes the making of a material change but is within the criteria set out in paragraph (b) of subsection (3), then, subject to subsection (5), it may approve the making of the amendment to the planning scheme with such amendment, or an alternate amendment, being an amendment that would be different from that to which the request relates but would not represent, in the opinion of the Commission, a more significant change than that which was proposed.

(5) Before making a determination to which paragraph (b) of subsection (4) would relate, the Commission shall establish whether or not the extent and character—

(a) of the amendment to which subsection (1) relates, and

(b) of any alternative amendment it is considering and to which paragraph (b) of subsection (4) relates,

are such that, if the amendment were to be made, it would be likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site and, for that purpose, the Commission shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering.

(6) If the Commission determines that the making of either kind of amendment referred to in paragraph (b) of subsection (4)—

(a) is not likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, it shall proceed to make a determination under paragraph (b) of subsection (4), or

(b) is likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, then it shall require the planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed amendment or alternative amendment.

(7) Before making a determination to which paragraph (b) of subsection (4) would relate, the Commission shall require the planning authority concerned—

(a) to send notice and copies of the proposed amendment of the planning scheme concerned to the Minister and the prescribed authorities, and

(b) to publish a notice of that proposed amendment in one or more newspapers circulating in the area concerned,

and every such notice shall state—

(i) the reason or reasons for the proposed amendment,

(ii) that a copy of the proposed amendment, along with any assessment undertaken according to paragraph (b) of subsection (6), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and

(iii) that written submissions or observations with respect to the proposed amendment may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed amendment,

and the copy of the proposed amendment shall be made available for inspection accordingly.

(8) Not later than 8 weeks after giving notice under subsection (7), or such additional time as may be required to complete any assessment that may be required pursuant to paragraph (b) of subsection (6) and agreed with the Commission, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Commission for its consideration.

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

(a) list the persons who made submissions or observations for the purposes of paragraph (iii) of subsection (7),

(b) summarise the issues raised in the submissions or observations so made,

(c) include, where and if required for the purposes of paragraph (b) of subsection (6), either or both of the following:

(i) the environmental report and strategic environmental assessment of the planning authority;

(ii) the Natura impact report and appropriate assessment of the planning authority,

and

(d) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning scheme, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

(10) The Commission shall have regard to any report prepared in accordance with subsections (8) and (9).

(11) Subject to any obligations that may arise under Part 6, if the Commission makes a determination to make an amendment of any kind referred to in subsection (4), it shall—

(a) approve the making of an amendment to the planning scheme accordingly,

(b) notify the planning authority or each planning authority for the area or areas concerned of the amendment, and

(c) notify any person who made a submission or observation in accordance with paragraph (iii) of subsection (7) of its determination under subsection (4).

(12) The amendment of a planning scheme shall not prejudice the validity of any permission granted or anything done in accordance with the terms of the scheme before it was amended except in accordance with the terms of this Act.

(13) Without prejudice to the generality of subsection (12), Chapters 5 and 7 of Part 4 shall apply to any permission granted under this Part.

PART 22 Urban Development Zones

Chapter 1

596. Interpretation

596. In this Part—

“blue infrastructure” means aspects of the natural and built environment relating to water, waterways and waterbodies that provide a range of ecosystem and social benefits, including infrastructure such as flood defences and relating to sustainable water management;

“candidate UDZ” means a suitable site that has been so designated by a planning authority in a development plan;

“critical land” means land which, or any part of which, is situated within—

(a) a candidate UDZ, or

(b) an urban development zone,

that is identified in a planning framework as required for public infrastructure and facilities;

“decision under section 609” means—

(a) a decision by the planning authority—

(i) to make, subject to any modifications in accordance with section 610, a draft development scheme, or

(ii) not to make a draft development scheme,

or

(b) a decision under subsection (3) of section 609 deeming that a draft development scheme has been made;

“development agency” means a local authority, the Land Development Agency, or such other agency or person as may be prescribed for the purposes of this Part;

“draft development scheme” has the meaning given to it by section 606;

“green infrastructure” means aspects of the natural and built environment relating to land that provides a range of ecosystem and social benefits, including infrastructure to support decarbonisation and the reduction of greenhouse gases;

“planning framework” shall be construed in accordance with section 603;

“public infrastructure and facilities” means any of the following:

(a) open spaces, recreational and community facilities and amenities and landscaping works;

(b) roads, car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure;

(c) bus corridors and lanes, bus interchange facilities (including car parks for those facilities), infrastructure to facilitate public transport, cycle and pedestrian facilities, and traffic calming measures;

(d) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, surface water sewers, flood relief work and ancillary infrastructure;

(e) high-capacity telecommunications infrastructure, such as broadband;

(f) blue infrastructure;

(g) sites for schools and other educational facilities including childcare facilities;

(h) sites for hospitals and other healthcare facilities;

(i) sites for centres for the social, economic, recreational, cultural, environmental, or general development of the community;

(j) sites for facilities for the elderly and for persons with disabilities;

(k) green infrastructure;

(l) any matters which are ancillary to anything which is referred to in paragraphs (a) to (k);

(m) works relating to the character and amenities of public areas, including roads, footpaths, lanes, parks, squares, open spaces and building facades;

(n) such other matters as the Minister may prescribe by regulations;

“suitable site” has the meaning given to it by section 597.

Chapter 2

597. Planning authority may identify suitable sites

597. A planning authority may identify sites within its functional area on which, in the opinion of the planning authority, particular development may—

(a) be of significant economic, social or environmental benefit to the State, and

(b) be in the common good,

(referred to in this Part as “suitable sites”).

598. Land Development Agency and regional assemblies may bring sites to attention of planning authority

598. (1) The Land Development Agency and any regional assembly may notify a planning authority of any sites within the functional area of the planning authority the development of which would, in the opinion of the Land Development Agency or, as the case may be, the regional assembly, be of significant economic, social or environmental benefit to the State and be in the common good.

(2) Where the Land Development Agency or a regional assembly notifies a planning authority in accordance with subsection (1), it shall also notify the Minister.

599. Minister may require planning authority to identify suitable sites

599. (1) The Minister may at any time by notice in writing require all or certain planning authorities to identify suitable sites.

(2) Unless the Minister specifies a longer period in a requirement under subsection (1), a planning authority shall comply with the requirement—

(a) where the planning authority considers it appropriate for a draft development scheme to be prepared for the purposes of designating a suitable site as a candidate UDZ in a development plan, within 5 months of the date of the notice, and

(b) in any other case, within 4 months of the date of the notice.

(3) Where, following a requirement of the Minister under this section, a planning authority cannot identify any suitable sites, it shall inform the Minister of—

(a) the area or areas considered in order to comply with the requirement, and

(b) the reasons why the planning authority did not consider any sites to be suitable sites.

600. Information to be provided to Minister in relation to suitable sites

600. (1) A planning authority shall submit the following information to the Minister following a requirement under section 599:

(a) a map showing each suitable site that it has identified and the area in which it is located;

(b) an indication of the nature, size and scale of development in respect of each suitable site;

(c) an indication of the infrastructure required in respect of each suitable site identified for the purposes of such development;

(d) an indication of whether, having regard to the matters specified in paragraphs (b) and (c), the planning authority considers it appropriate for a draft development scheme to be prepared;

(e) where the planning authority considers it appropriate for a draft development scheme to be prepared, an indication of the information necessary for the purposes of preparing the draft development scheme and the extent to which this information has, at the time of the submission, already been gathered;

(f) such other information or documents as may be prescribed.

(2) The Minister may prescribe the manner and form in which information and documents are to be submitted under this section.

Chapter 3

601. Minister may make recommendation in relation to potential candidate UDZ

601. The Minister may, having considered the sites identified under section 599 and the information and documents provided under section 600, where he or she is of the opinion that development of a specified site may, having regard to the site and to the scale and nature of the development—

(a) be of significant economic, social or environmental benefit to the State, and

(b) be in the common good,

make a recommendation to the relevant planning authority that the site be designated as a candidate UDZ in the planning authority’s development plan and, where the Minister considers it to be appropriate, that the planning authority prepare a draft development scheme for that purpose.

602. Candidate UDZ

602. Where—

(a) the Minister makes a recommendation under section 601 in relation to a site, or