Planning and Development Act 2024

(b) in the opinion of a planning authority, particular development of a site within its functional area, having regard to the site and to the scale and nature of the development—

(i) have the potential to be of significant economic, social or environmental benefit to the State, and

(ii) be in the common good,

the planning authority may, subject to section 603, designate the site as a candidate UDZ in its development plan in accordance with sections 604 and 605.

603. Planning framework

603. (1) Prior to designating a suitable site as a candidate UDZ in its development plan a planning authority shall prepare a planning framework in respect of the site concerned.

(2) A planning authority shall include in a planning framework—

(a) amendments to any policy, objective and development management standard contained in the development plan or any relevant urban area plan, priority area plan or coordinated area plan required to facilitate the development of the site in a manner consistent with the national or strategic importance of the site, and that are consistent with national and regional policy,

(b) key public infrastructure strategies including strategies in relation to transport, social and community infrastructure, green infrastructure and blue infrastructure, nature restoration, climate mitigation and adaptation, and utilities,

(c) a flood risk assessment and proposals to manage flood risk,

(d) a range of building densities, heights and typologies and an overall quantum of development,

(e) principles that will inform the preparation of a design quality masterplan,

(f) a plan identifying the location of particular uses, and the arrangement of buildings or groups of buildings, streets and public spaces, and blue and green infrastructure,

(g) a phasing plan including infrastructure provision,

(h) a map identifying critical lands and a description of the lands so identified, and

(i) such other matters as may be prescribed by the Minister in regulations under subsection (6).

(3) A planning authority shall ensure that a planning framework is materially consistent with—

(a) the national and regional development objectives specified in—

(i) the National Planning Framework, and

(ii) the regional spatial and economic strategy for the region within which the area to which the planning framework relates is situated,

and

(b) any National Planning Policies and Measures.

(4) A planning authority shall ensure that a planning framework takes due account of—

(a) any relevant National Planning Policy Guidance, and

(b) any relevant transport strategy of the National Transport Authority.

(5) A planning authority shall ensure that a planning framework that includes residential development is consistent with the housing strategy F22[…].

(6) The Minister may by regulations—

(a) prescribe additional information that shall be included in a planning framework, and

(b) prescribe the manner in which matters and information to be included in a planning framework are to be set out.

604. Pre-designation consultation

604. (1) Prior to proposing to make a variation of a development plan under section 605 a planning authority shall, including where the Minister makes a recommendation under section 601, publish a pre-designation consultation paper and consult with the public in accordance with this section.

(2) Where the Minister makes a recommendation under section 601, a planning authority shall publish the pre-designation consultation paper—

(a) where the authority is preparing a draft development scheme, within 2 months of the date on which the recommendation is made, and

(b) in any other case, within 1 month of the date on which the recommendation is made.

(3) A planning authority shall publish notice of public consultation under this section in at least one newspaper circulating in the functional area of the planning authority and on its website.

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

(a) the planning authority proposes to make a variation of a development plan to designate sites and include a planning framework,

(b) a copy of the pre-designation consultation paper may be inspected online and at a stated place or places and at stated times during a stated four week period (and the copy shall be kept available for inspection accordingly), and

(c) written submissions or observations with respect to the pre-designation consultation paper made to the planning authority within the said period will be taken into consideration in the preparation of the variation.

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

(6) A chief executive’s report prepared for the purposes of subsection (5) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under that subsection.

(7) A report under subsection (5) shall—

(a) list the persons who made submissions or observations under this section,

(b) summarise the issues raised by the persons in the submissions and observations received, and

(c) 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.

(8) The Minister may by regulations vary the time limits specified in this section.

605. Variation of development plan to designate sites and include planning framework

605. (1) A proposal by a planning authority to make a variation of a development plan to designate a suitable site as a candidate UDZ shall be made in accordance with section 58, subject to the modifications specified in this section.

(2) The members of a planning authority shall only consider a proposal to make a variation of a development plan to designate a suitable site as a candidate UDZ where—

(a) the variation also comprises the proposed inclusion of a planning framework in respect of the site concerned in the development plan, and

(b) pre-designation consultation has taken place in accordance with section 604.

(3) The references in paragraph (e) of subsection (12) and paragraph (d) of subsection (17) of section 58 to “as soon as practicable following the making of the variation” shall be read as a reference to “within the period of 2 weeks following the making of the variation”.

(4) Where the members of a planning authority make a variation of a development plan to include a planning framework, the planning framework shall be deemed to form part of any development plan in force in the area of the framework and any contrary provisions of the development plan shall be superseded.

(5) A planning authority shall review a planning framework on the making of a new development plan.

Chapter 4

606. Preparation of draft development scheme

606. (1) A planning authority may at any time while or after preparing a planning framework in relation to a suitable site or a candidate UDZ prepare, or cause to be prepared, in accordance with this section and section 607, a written statement and a plan indicating the manner in which it is intended that the site or candidate UDZ be developed (referred to in this Part as a “draft development scheme”).

(2) A draft development scheme shall be consistent with the planning framework and shall—

(a) indicate the type or types of development which may be permitted within the area to which the scheme relates,

(b) indicate the extent of any proposed development,

(c) indicate the overall layout and design of any proposed development, including maximum building height parameters and floor areas, and an urban design strategy including the approach to the general appearance and design of structures,

(d) include scheme-specific proposals relating to transportation, including public transportation, roads layout, provision of parking spaces and traffic management and proposals relating to pedestrian and cycle infrastructure,

(e) include scheme-specific proposals relating to the provision of services on the site, including the provision of waste and sewerage facilities and water, electricity and telecommunications services, energy generation and storage,

(f) identify land that is required for public infrastructure and facilities, including the specific purposes for which such land is required,

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

(h) where the scheme provides for residential development, include proposals relating to the provision of amenities, facilities and services for the community, including educational and healthcare facilities,

(i) include details of any other scheme-specific public infrastructure requirements relating to a screening of the proposed development, including the provision of infrastructure outside the area to which the scheme relates but which are essential for, or may benefit, the development proposed within that area,

(j) include details of any scheme-specific infrastructure requirements, enabling works and delivery plans including an independently verified cost appraisal and funding sources, and

(k) include a phasing schedule to illustrate the link between infrastructure delivery and timescales for construction of the proposed development.

(3) A planning authority shall ensure that a draft development scheme—

(a) is materially consistent with—

(i) the national and regional development objectives specified in—

(I) the National Planning Framework, and

(II) the regional spatial and economic strategy for the region within which the area to which the draft development scheme relates is situated,

(ii) any National Planning Policies and Measures, and

(iii) where relevant, the policy of the Government, or any Minister of the Government,

and

(b) takes due account of—

(i) any relevant National Planning Policy Guidance, and

(ii) any relevant transport strategy of the National Transport Authority.

607. Consultation regarding draft development scheme

607. (1) As part of the preparation of a draft development scheme a planning authority shall—

(a) determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment requires to be carried out in respect of the proposed scheme,

(b) determine, in accordance with Part 6, if an appropriate assessment requires to be carried out in respect of the proposed scheme, and

(c) where the planning authority determines under paragraph (a) or (b) that a strategic environmental assessment or an appropriate assessment, as the case may be, requires to be carried out in respect of the proposed scheme, prepare an environmental report or Natura impact report, as the case may be, in relation to the proposed scheme.

(2) Where a planning authority prepares a draft development scheme it shall—

(a) send notice and copies of the draft development scheme and any report prepared under paragraph (c) of subsection (1) to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Commission,

(iv) the regional assembly for the region in which the area to which the draft development scheme relates is situated,

(v) any planning authority whose functional area is contiguous to the area to which the draft development scheme relates,

(vi) the National Transport Authority,

(vii) where the area covered by the draft development scheme includes a Gaeltacht, Údarás na Gaeltachta, and

(viii) such other persons as may be prescribed,

and

(b) publish a notice of the preparation of the draft development scheme and any report prepared under paragraph (c) of subsection (1) in at least one newspaper circulating in the functional area of the planning authority and on its website.

(3) A notice under paragraph (b) of subsection (2) shall state—

(a) that a copy of the draft development scheme and any report prepared under paragraph (c) of subsection (1) 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 development scheme and any report prepared under paragraph (c) of subsection (1) made to the planning authority within the stated period will be taken into consideration in deciding upon the scheme.

(4) Written submissions or observations received by a planning authority under this section shall, subject to subsection (5), be published on the website of the authority within 10 working days of its receipt by that authority.

(5) Subsection (4) does not apply where one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met.

(6) Not later than 12 weeks after the date on which notice is published under subsection (2), the chief executive of a planning authority shall prepare a report on any submissions or observations received on foot of that notice and submit the report to the members of the authority for their consideration.

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

(a) list the persons who made submissions or observations under this section,

(b) summarise the issues raised by the persons in the submissions and observations received, and

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

608. Draft development scheme which includes residential development

608. Where a draft development scheme includes residential development the planning authority shall ensure that it is consistent with the housing strategy F23[…].

609. Making of development scheme

609. (1) The members of a planning authority shall consider a draft development scheme prepared and submitted in accordance with section 606 and the report of the chief executive prepared and submitted in accordance with section 607 or section 610, in relation to a site only after the members of the authority have made a variation of the development plan in accordance with section 605.

(2) Where the Office of the Planning Regulator as part of its consideration of a proposal to make a variation of the development plan referred to in section 605 issues a preliminary view to a planning authority under subsection (6) of section 63 and the matters covered by the preliminary view relate to the draft development scheme, the members of the planning authority shall not consider the report of the chief executive prepared and submitted in accordance with section 607 in respect of the draft development scheme until the date on which one of the following occurs (referred to in subsection (3) as the “later date”):

(a) the Office of the Planning Regulator issues a draft direction to the planning authority under subsection (1) of section 64 and that draft direction does not materially relate to matters covered by the scheme;

(b) the Office of the Planning Regulator notifies the planning authority under subsection (11) of section 63 of its decision not to issue a draft direction;

(c) the Minister issues a direction to the planning authority referred to in paragraph (b) of subsection (1) of section 65 and that direction does not materially relate to matters covered by the draft development scheme;

(d) the Minister provides a statement of reasons to the planning authority under subsection (13) of section 65 following a decision not to issue a direction under subsection (1) of section 65;

(e) the Minister issues a direction to the planning authority referred to in paragraph (b) of subsection (1) of section 65 and the chief executive provides confirmation in writing to the members of the planning authority that the draft development scheme is, subject to such modification as he or she may propose, consistent with that direction.

(3) Where the members of a planning authority have made a variation of the development plan referred to in section 605 and the chief executive provides confirmation in writing to the members of the planning authority that the draft development scheme in relation to that site is consistent with the planning framework, the draft development scheme shall be deemed to be made 6 weeks after the submission the report of the chief executive to the members of the planning authority in accordance with section 607, or where subsection (2) applies, the later date, unless the planning authority decides, by resolution—

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

(b) not to make the draft development scheme.

(4) In making a development scheme under this section, the members of the planning authority shall be restricted to considering 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 any Minister of the Government.

(5) A failure to comply with—

(a) subsection (4) or (6) of section 607,

(b) subsection (2), (3), (6) or (8) of section 610, or

(c) subsection (1) of section 612,

within the period specified, or referred to, in any of those subsections shall not affect the validity of that development scheme.

(6) Where a planning authority makes a development scheme under this section, with or without modification, the scheme shall be deemed to form part of any development plan or any urban area plan, priority area plan or coordinated area plan in force in the area to which the scheme relates until the scheme is revoked, and any contrary provisions of a development plan or any urban area plan, priority area plan or coordinated area plan in force in the area to which the scheme relates shall be superseded.

(7) In this section, section 610 and section 617 “statutory obligations of any local authority” includes the obligation to ensure that the development scheme—

(a) is materially consistent with—

(i) the national and regional development objectives specified in—

(I) the National Planning Framework, and

(II) the regional spatial and economic strategy for the region within which the area to which the planning framework relates is situated,

(ii) any National Planning Policies and Measures, and

(iii) where relevant, the policy of the Government or any Minister of the Government,

and

(b) takes due account of—

(i) any relevant National Planning Policy Guidance, and

(ii) any relevant transport strategy of the National Transport Authority.

610. Modification prior to making development scheme

610. (1) Where the members of the planning authority propose to make a draft development scheme with a modification, a planning authority shall—

(a) determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment requires to be carried out in respect of the proposed modification,

(b) determine, in accordance with Part 6, if an appropriate assessment requires to be carried out in respect of the proposed modification, and

(c) where the planning authority determines under paragraph (a) or (b) that a strategic environmental assessment or an appropriate assessment, as the case may be, requires to be carried out in respect of the proposed modification, prepare an environmental report or Natura impact report, as the case may be, in relation to the proposed modification.

(2) The chief executive shall, not later than 2 weeks after a determination referred to in paragraph (c) of subsection (1), specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in that paragraph.

(3) The planning authority shall carry out an assessment referred to in paragraph (c) of subsection (1) of the proposed modification of the draft development scheme within the period specified by the chief executive.

(4) A planning authority shall—

(a) send notice and copies of the proposed modification and any report prepared under paragraph (c) of subsection (1) to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Commission,

(iv) the regional assembly for the region in which the area to which the draft development scheme relates is situated,

(v) any planning authority whose functional area is contiguous to the area to which the draft development scheme relates,

(vi) the National Transport Authority,

(vii) where the area covered by the draft development scheme includes a Gaeltacht, Údarás na Gaeltachta, and

(viii) such other persons as may be prescribed,

and

(b) publish notice of the modification and any report prepared under paragraph (c) of subsection (1), in at least one newspaper circulating in its functional area.

(5) A notice under paragraph (b) of subsection (4) shall state—

(a) that a copy of the proposed modification and any report prepared under paragraph (c) of subsection (1) 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 the copy shall be kept available for inspection accordingly), and

(b) that written submissions or observations with respect to the proposed modification and any report prepared under paragraph (c) of subsection (1) and made to the planning authority within a stated period, shall be taken into consideration by the authority before the draft development scheme is made.

(6) Written submissions and observations received by a planning authority under this section shall, subject to subsection (7), be published on the website of the authority within 10 working days of its receipt by that authority.

(7) Subsection (6) does not apply where one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met.

(8) Not later than 12 weeks after giving notice under subsection (4), the chief executive of a planning authority shall prepare a report on any submissions or observations received on foot of that notice and submit the report to the members of the authority for their consideration.

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

(a) list the persons who made submissions or observations under this section,

(b) summarise the issues raised by the persons in the submissions and observations received, and

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

611. Time at which development scheme shall take effect

611. (1) Where a draft development scheme is—

(a) made in accordance with section 609, or

(b) deemed to have been made, in accordance with subsection (3) of section 609,

it shall have effect 4 weeks from the date of such making unless an appeal is brought to the Commission under Chapter 5.

(2) Where in the circumstances described in subsection (1) an appeal is brought to the Commission under Chapter 5 and the Commission approves the making of the scheme, the development scheme shall have effect on the date on which the appeal is determined.

612. Notice of decision under section 609

612. (1) Following the decision of the planning authority under section 609 the authority shall, as soon as may be, and in any case not later than 6 working days following the making of the decision—

(a) give notice of the decision to any person notified under subsection (2) of section 607 and any person who made written submissions or observations on the draft development scheme under section 607 or 610, and

(b) publish notice of the decision in one or more newspapers circulating in its functional area and on its website.

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

(a) give the date of the decision of the planning authority in respect of the development scheme,

(b) state the nature of the decision,

(c) where a development scheme was made, state that a copy of the development scheme is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly),

(d) state that any person who made submissions or observations on the draft development scheme under section 607 or 610 may appeal the decision of the planning authority to the Commission within 4 weeks of the date of the planning authority’s decision, and

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

Chapter 5

613. Appeal against decision under section 609

613. Any person who made submissions or observations on the draft development scheme under section 607 or 610 may, for stated reasons, within 4 weeks of the date of the decision under section 609, appeal the decision to the Commission.

614. Determination of appeal

614. (1) Following consideration of an appeal against a decision under section 609, the Commission may—

(a) subject to subsection (3), approve the making of the development scheme, with or without any modifications in accordance with this Part, or

(b) refuse to approve the making of the development scheme.

(2) In considering an appeal under this section the Commission shall consider the proper planning and sustainable development of the area, the provisions of the development plan in the area to which the scheme relates, the provisions of the housing strategy F24[…], any relevant National Planning Statement, the provisions of any special amenity area order, the conservation and preservation of any European site in the area to which the scheme relates, and, where appropriate—

(a) the effect the scheme would have on any land contiguous to the area to which the scheme relates,

(b) the effect the scheme would have on any land outside the functional area of the planning authority, and

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

(3) The Commission shall not approve the making of the development scheme with a modification under this section where it determines that the making of the modification would constitute the making of a material change in the overall objectives of the development scheme or would be inconsistent with the planning framework.

(4) Where the Commission approves the making of a development scheme without any modification in accordance with paragraph (a) of subsection (1), the planning authority shall, as soon as practicable, publish a notice of the approval of the scheme in at least one newspaper circulating in its functional area, stating that a copy of the development scheme is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

(5) Where the Commission approves the making of a development scheme with a modification in accordance with this Chapter and subject to any obligations that may arise under Part 6, the Commission shall—

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

(b) in the case of a modification to which section 617 applies, notify any person who made a submission or observation in accordance with paragraph (c) of subsection (3) of that section.

(6) A failure to comply with subsection (4) of section 617 or subsection (1) of section 618 within the period specified, or referred to, in that subsection, in relation to an appeal from a decision under section 609, shall not affect the validity of the determination of that appeal under this section.

(7) Where the Commission approves the making of a development scheme with or without a modification following the determination of an appeal under this section the scheme shall be deemed to form part of any development plan or any urban area plan, priority area plan or coordinated area plan in force in the area to which the scheme relates until the scheme is revoked, and any contrary provisions of a development plan or any urban area plan, priority area plan or coordinated area plan in force in the area to which the scheme relates shall be superseded.

615. Approval on appeal with minor modification

615. If the Commission determines that the making of a modification to a development scheme on an appeal 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 development scheme with such modification.

616. Approval on appeal with modification not likely to have significant effect on environment

616. (1) If the Commission determines that the making of a modification to a development scheme on an appeal would not constitute a change in the overall objectives of the development scheme but would constitute the making of a material change to the scheme, the Commission shall—

(a) 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 significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, and

(b) for the purpose of so determining, reach a final decision as to the extent and character of any alternative modification the making of which it is also considering.

(2) If the Commission determines that the modification, if it were made, would not 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, then it may approve the making of the development scheme concerned with the modification.

617. Approval on appeal with modification likely to have significant effect on environment

617. (1) If the Commission determines in accordance with subsection (1) of section 616 that a modification to the development scheme, if it were made, 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, then it shall require the relevant planning authority to carry out 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.

(2) Where subsection (1) applies, the Commission shall, without prejudice to the generality of that subsection, require the relevant planning authority—

(a) to notify, and send copies of the proposed modification of the development scheme concerned to, the Minister and prescribed authorities, and

(b) to publish a notice of the proposed modification of the development scheme concerned in at least one newspaper circulating in its functional area.

(3) A notice under paragraph (b) of subsection (2) shall state—

(a) the reason for the proposed modification,

(b) that a copy of the proposed modification, along with any assessment undertaken in accordance with subsection (1), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and

(c) 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.

(4) Not later than 8 weeks after the date of the notice under paragraph (b) of subsection (2) or such further period as the planning authority requires to complete any assessment that may be required pursuant to subsection (1) and agrees with the Commission, the planning authority shall prepare a report on any submissions or observations received on foot of that notice and shall submit the report to the Commission for its consideration.

(5) A report under subsection (4) shall—

(a) list the persons who made submissions or observations under this section,

(b) summarise the issues raised in the submissions and observations received,

(c) include, where and if required for the purposes of subsection (1)—

(i) the environmental report, and

(ii) the Natura impact report,

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 development 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.

(6) Where a report has been submitted to the Commission under subsection (4), the planning authority concerned shall, upon being requested by the Commission, provide it with copies of such submissions and observations to which that subsection relates as are so requested.

(7) The Commission shall have regard to any report under subsection (4) when determining an appeal under section 614.

618. Time for determination of appeal against decision under section 609

618. (1) Subject to subsection (2), the Commission shall determine an appeal—

(a) where no oral hearing is held, within 16 weeks, or such other period as may be prescribed, of the date of the receipt by the Commission of the appeal, or

(b) where an oral hearing is held, within such period as may be prescribed.

(2) Without prejudice to the generality of subsection (1) the Minister may prescribe periods for the determination of appeals where the Commission requires a person to give further information to the Commission or to produce evidence in respect of the appeal.

(3) The Minister may by regulations extend the period of 16 weeks referred to in paragraph (a) of subsection (1), either generally or with reference to any particular category of development scheme appeals, where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as the regulations are in force, this section shall be construed and have effect in accordance therewith.

619. Oral hearing in relation to appeal against decision under section 609

619. (1) The Commission may hold an oral hearing for the purposes of an appeal under section 613.

(2) Before deciding whether or not to hold an oral hearing, the Commission shall have regard to whether or not an oral hearing is necessary for it to exercise its powers under this Part and shall only hold an oral hearing if it decides, having regard to the particular circumstances of the appeal, that there is a compelling case for holding such a hearing.

620. Development scheme to be part of development plan

620. (1) A development scheme shall continue in force when a new development plan is made.

(2) A planning authority shall review a development scheme each time it makes a development plan.

(3) A planning authority may amend a development scheme as part of the making of a new development plan in order to ensure that the development scheme—

(a) remains materially consistent with—

(i) the national and regional development objectives specified in—

(I) the National Planning Framework, and

(II) the regional spatial and economic strategy for the region within which the area to which the development scheme relates is situated,

(ii) any National Planning Policies and Measures, and

(iii) where relevant, the policy of the Government or any Minister of the Government,

and

(b) takes due account of—

(i) any relevant National Planning Policy Guidance, and

(ii) any relevant transport strategy of the National Transport Authority.

Chapter 6

621. Designation of sites for urban development zones

621. (1) Where, in the opinion of the Government, the development of a candidate UDZ would be of significant economic, social or environmental benefit to the State and in the common good, the Government may by order, where so proposed by the Minister and having regard to the scale, nature and location of development included in the planning framework, designate all or part of the candidate UDZ as an urban development zone.

(2) The Minister shall, before proposing the designation of a candidate UDZ to the Government under subsection (1), consider each of the following:

(a) any submissions made to the planning authority and any report prepared by a chief executive under section 607;

(b) any submissions or observations received from any regional assembly;

(c) any submissions or observations received from the Office of the Planning Regulator;

(d) any submissions or observations received from the National Transport Authority;

(e) the national interest;

(f) the likely effects of the designation of the site as an urban development zone on any matter of economic, social or environmental importance to the State, including climate action;

(g) the scale, nature and location of development included in the planning framework, the extent to which development included in the planning framework could contribute significantly towards the objectives for the time being of the Government or of any Minister of the Government and any objectives set out in a regional spatial and economic strategy for the time being in force;

(h) whether the designation of the site as an urban development zone will make development included in the planning framework more likely;

(i) whether the designation of the site as an urban development zone is likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive);

(j) if the area or part of the area is a European site or an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000;

(k) whether the designation of the site as an urban development zone would be likely to have significant effects on a European site or an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000.

(3) Before proposing the designation of a site or sites to the Government under subsection (1), the Minister may consult with any of the following bodies in relation to such designation:

(a) any relevant planning authority;

(b) any relevant development agency;

(c) any relevant regional assembly;

(d) any other body that the Minister considers relevant;

(e) the Office of the Planning Regulator;

(f) any other Minister of the Government that the Minister considers appropriate having regard to the functions of that other Minister.

(4) An order under subsection (1) shall state the reasons why the Government is of the opinion that the development of the candidate UDZ would be of significant economic, social or environmental benefit to the State and in the common good.

(5) The Minister shall send a copy of any order made under subsection (1) to any relevant planning authority, development agency and regional assembly and to the National Transport Authority, the Office of the Planning Regulator and to the Commission.

(6) In this section, the Land Development Agency shall not be a relevant development agency unless each candidate UDZ referred to in subsection (1) is wholly or partly on relevant public land within the meaning of section 5 of the Land Development Agency Act 2021 or land owned by the Agency.

622. Acquisition of land for specified development

622. (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 development specified in a planning framework or a development scheme.

(2) Where a person, other than the relevant development agency, has an interest in land, or any part of land, on which a candidate UDZ or an urban development zone is 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.

623. Permission in respect of site within urban development zone and to which development scheme relates

623. (1) Where an application for permission for development is made to a planning authority under Part 4 in relation to a site that is within an urban development zone and to which a development scheme relates then, subject to that Part and Part 6, a planning authority—

(a) shall grant permission 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 the development scheme, and

(b) shall not grant permission for any development which would not be consistent with the development scheme.

(2) Notwithstanding Chapter 3 of Part 4, no appeal shall lie to the Commission against a decision of a planning authority referred to in paragraph (a) or (b) of subsection (1).

(3) Where the planning authority decides to grant permission for a development referred to in paragraph (a) of subsection (1) the permission shall be deemed to have been granted on the date of that decision.

PART 23 Additional Transitional and Related Provisions

624. Application of sections 26 and 27 of Interpretation Act 2005

624. This Part shall not affect the application and operation of sections 26 and 27 of the Interpretation Act 2005.

625. Validity of acts done under Act of 2000

625. This Act shall not affect the validity of anything done under a provision of the Act of 2000 before the repeal of that provision by section 6.

626. Continued application of Act of 2000 for certain purposes

626. Notwithstanding the repeal of any provision of the Act of 2000 effected by section 6, that Act shall, subject to Part 17, continue to apply and have effect in relation to—

(a) an application for permission under Part III of that Act made before the repeal of the provision concerned,

(b) an application to the High Court under subsection (6) of section 35 of the Act of 2000 made before the repeal of the provision concerned,

F25[(c) an application under subsection (1) or (1A) ofsection 42of theAct of 2000made before the repeal of the provision concerned,]

(d) a notice served, or an appeal brought, under section 44 or 46 of the Act of 2000 made before the repeal of the provision concerned, and

(e) an appeal under section 37, or paragraph (b) of subsection (10) of section 48, of the Act of 2000 brought before the repeal of the provision concerned.

627. Continuance in operation of statutory instruments made under Act of 2000

627. (1) Save where otherwise provided for by this Act, a statutory instrument in force immediately before the repeal by section 6 of the provision of the Act of 2000 under which it was made shall continue in force on and after that repeal as if made under such provision of this Act as, in substance, confers a power to make a statutory instrument in the same or similar terms as the first-mentioned statutory instrument, and may be amended or revoked accordingly.

(2) In this section “statutory instrument” has the meaning assigned to it by the Interpretation Act 2005.

628. Continued application of Part VIII of Act of 2000 for certain purposes

628. Notwithstanding the repeal of Part VIII of the Act of 2000 effected by section 6, the said Part VIII shall, for the purposes of—

(a) any warning letter or enforcement notice served under that Part before that repeal, or

(b) the performance, before, on or after that repeal, of any function under that Part consequent upon the service of that warning letter or enforcement notice,

continue to apply and have effect.

629. Continued operation of Parts X and XAB of Act of 2000 in relation to certain classes of development

629. Parts X and XAB of the Act of 2000 shall, on and after the repeal of those Parts by section 6, continue to apply and have effect in relation to—

(a) development requiring approval under section 43 of the Transport (Railway Infrastructure) Act 2001, and

(b) development requiring approval under section 51 of the Roads Act 1993.

630. Amendments effected by Act of 2000

630. For the avoidance of doubt, the repeal of the Act of 2000 by section 6 shall not operate to abrogate, or otherwise affect the operation of, the amendment of any enactment effected by the Act of 2000.

PART 24 Consequential Amendments

631. Consequential amendment of Acts of Oireachtas

631. The enactments specified in column (2) of Schedule 7 are amended to the extent specified in column (3) of that Schedule.

632. Amendment of statutory instruments consequent on repeal of Act of 2000

632. (1) Subject to subsections (2) to (6), the Minister may make regulations amending any statutory instrument so that a reference, in the statutory instrument, to a relevant provision is replaced with a reference to this Act or to one or more provisions of this Act, or in such other manner as is necessary to ensure the effective operation of the statutory instrument having regard to this Act.

(2) Subject to subsection (3), where a statutory instrument is made by a person other than the Minister, the Minister shall consult the person before amending the statutory instrument under this section.

(3) Where the power to make a statutory instrument stands transferred to a person other than the Minister, the Minister shall consult the person before amending the statutory instrument under this section.

(4) Where the power to make a statutory instrument is subject to a requirement—

(a) to obtain the consent of a person other than the Minister, or

(b) to consult with a person other than the Minister,

the Minister shall not amend the statutory instrument under this section without obtaining the consent of the person, or without consulting the person, as the case may be.

(5) The Minister shall not, by regulations under this section—

(a) confer on any person the ability to perform a function, or exercise a power, that is not conferred on the person by or under an enactment, or

(b) remove the ability of any person to perform a function, or exercise a power, that is vested in the person by or under an enactment.

(6) In this section—

“Act of 2005” means the Interpretation Act 2005;

“enactment” has the meaning it has in the Act of 2005;

“make”, in relation to a statutory instrument, shall be construed in accordance with subsection (3) of section 22 of the Act of 2005;

“person other than the Minister” does not include a Minister of State to whom the Minister’s functions have been delegated under section 2 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977;

“relevant provision” means the following enactments, or any provision thereof:

(a) the Act of 2000;

(b) any Act that may be cited together with that Act;

(c) any statutory instrument made under an Act referred to in paragraph (a) or (b);

“statutory instrument” has the meaning it has in the Act of 2005.

633. References to chief executive as regards Limerick City and County Council

633. (1) A reference in this Act to chief executive shall, in so far as it relates to Limerick City and County Council—

(a) in the case of a relevant provision (within the meaning of section 10A of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024), be construed as a reference to the director general, or as including a reference to the director general, as the context requires, and

(b) in any other case, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(2) In this section “director general” and “Mayor” have the meaning they have in the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.

PART 25 Rent Pressure Zones

634. Amendment of Residential Tenancies Act 2004

634. The Residential Tenancies Act 2004 is amended—

(a) in subsection (6) of section 19, by the substitution of “if an order is made by the Minister under section 24A(5) or (6A)” for “if an order is made by the Minister under section 24A(5)”,

(b) in section 20—

(i) in subsection (5), by the substitution of “1 January 2026” for “1 January 2025”, and

(ii) in subsection (6), by the substitution of “31 December 2025” for “31 December 2024”,

(c) in section 24A, by the insertion of the following new subsection after subsection (6):

“(6A) Notwithstanding subsection (6), the Minister may, with respect to a local electoral area that was amended in the manner referred to in that subsection, and on a recommendation from the Housing Agency made following consultation with the relevant housing authority, prescribe by order, any part of that local electoral area that was not, before the amendment of the local electoral area concerned, subject to an order under subsection (5) or a previous order under this subsection, as a rent pressure zone for a specified period commencing on the date of the coming into operation of the order and ending on a date not later than 31 December 2025.”,

(d) in section 24B—

(i) by the designation of that section as subsection (1),

(ii) in subsection (1), by the substitution of “31 December 2025” for “31 December 2024”, and

(iii) by the insertion of the following subsection after subsection (1):

“(2) With effect from the day following the passing of the Planning and Development Act 2024 and notwithstanding anything to the contrary in section 24A, an order under subsection (5) of that section shall be deemed to have been made in respect of the local electoral area of Drogheda Rural and, accordingly, that area is deemed to be a rent pressure zone during the period commencing on the day following the passing of that Act and ending on 31 December 2025.”,

and

(e) by the substitution of the following for section 24C:

“24C. (1) Where a tenancy commenced before the relevant date (within the meaning of section 19(7)) or, where an order under section 24A(5) or (6A) applies to the area in which the tenancy is situated, before the date of the coming into operation of that order, and the area in which the tenancy is situated is in a rent pressure zone within the meaning of section 19(7), then—

(a) the first rent review after the relevant date or, where an order is made by the Minister under section 24A(5) or (6A) in respect of the area in which the dwelling is situate, the first rent review after the date of the coming into operation of that order, shall be carried out in accordance with section 20, and

(b) any subsequent rent review shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.

(2) Where a tenancy commences on or after the relevant date (within the meaning of section 19(7)) or, where an order under section 24A(5) or (6A) applies to the area in which the tenancy is situated, on or after the date of the coming into operation of that order, and the area in which the tenancy is situated is in a rent pressure zone within the meaning of section 19(7), then any rent review after that date shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.”.

635. Amendment of Residential Tenancies (Amendment) Act 2019

635. The Residential Tenancies (Amendment) Act 2019 is amended, in subsection (2) of section 8, by the substitution of “31 December 2025” for “31 December 2024”.

PART 26 Owners’ Management Companies and Acquisition of Certain Nama Assets

636. Amendment of National Asset Management Agency Act 2009

636. The National Asset Management Agency Act 2009 is amended, in subsection (2) of section 12, by the substitution of the following for paragraph (h):

“(h) distribute assets in specie to the Minister, or, in the case of a direction to do so under section 14, to the Land Development Agency,”.

637. Amendment of Land Development Agency Act 2021

637. The Land Development Agency Act 2021 is amended—

(a) in section 4—

(i) by the substitution of the following definition for the definition of “subsidiary DAC”:

“ ‘subsidiary DAC’ means a subsidiary, other than a subsidiary CLG, formed and registered by the Agency in accordance with Part 4.”,

and

(ii) by the insertion of the following definitions:

“ ‘Act of 2011’ means the Multi-Unit Developments Act 2011;

‘company limited by guarantee’ has the same meaning as it has in Part 18 of the Companies Act;

‘multi-unit development’ has the same meaning as it has in the Act of 2011;

‘NAMA’ means the National Asset Management Agency;

‘NARPS’ means the National Asset Residential Property Services DAC;

‘owners’ management company’ has the same meaning as it has in the Act of 2011;

‘subsidiary CLG’ means a subsidiary formed and registered by the Agency or a subsidiary DAC in accordance with section 33A;”,

(b) in subsection (1) of section 14—

(i) in paragraph (o), by the substitution of “social and affordable housing;” for “social and affordable housing.”, and

(ii) by the insertion of the following new paragraph after paragraph (o):

“(p) where directed to do so in accordance with this Act, to acquire NARPS in specie from NAMA.”,

(c) in section 25, by the insertion of the following new subsection after subsection (3):

“(3A) Without prejudice to subsection (3), where the Agency acquires NARPS, the Agency shall allot and issue such number of shares as are equivalent to the value of NARPS, to be held by the Minister for Public Expenditure, National Development Plan Delivery and Reform.”,

and

(d) by the insertion of the following section after section 33:

“Establishment of owners’ management company

33A. (1) For the purposes of performing any one or more of the functions of the Agency in relation to a multi-unit development, the Agency or a subsidiary DAC formed for the purposes of performing such functions may, notwithstanding any provision in its constitution and as it considers appropriate, cause a subsidiary, within the meaning of the Companies Act, in the form of a company limited by guarantee (to be known as a ‘subsidiary CLG’), to be formed and registered under Part 18 of the Companies Act as an owners’ management company in relation to the multi-unit development concerned.

(2) The Agency, or a subsidiary DAC referred to in subsection (1), may cause a subsidiary CLG to be formed and registered under subsection (1) only for the purposes of the performance, in accordance with the Act of 2011, by the subsidiary CLG, of functions of an owners’ management company in relation to the multi-unit development concerned.

(3) The Agency or, in the case of a subsidiary DAC that has caused a subsidiary CLG to be formed under subsection (1), the subsidiary DAC, may, notwithstanding any provision in its constitution, become a member of the subsidiary CLG in accordance with the Act of 2011.”.