LegalizePlanning and Development Act 2024
(ii) the transmission of electrical energy via overhead cables, the voltage of which would not be less than 220 kilovolts,
but does not include electricity transmission infrastructure development or proposed electricity transmission infrastructure development,
(c) an installation used for surface storage of natural gas, the storage capacity of which would exceed one million cubic metres,
(d) an installation used for underground storage of combustible gases, the storage capacity of which would exceed one million cubic metres,
(e) a terminal, building or installation (whether above or below ground or, in circumstances where it is situated in the maritime area, whether above or below the seabed),
(f) a terminal, building or installation (whether above or below ground or, in circumstances where it is situated in the maritime area, whether above or below the seabed) associated with—
(i) a terminal used for the liquefaction of natural gas or the importation, offloading and re-gasification of liquefied natural gas, or
(ii) the provision of services ancillary thereto,
(g) a terminal, building or installation ancillary to a natural gas storage facility (either above or below the surface of the water or seabed), the storage capacity of which would exceed 1 mscm, or
(h) a terminal, building or installation ancillary to a terminal that is used for the liquefaction of natural gas or the importation, offloading and re-gasification of liquefied natural gas, and ancillary services,
(i) an installation for the storage of—
(i) natural gas, where the storage capacity would exceed 200 tonnes,
(ii) combustible gases, where the storage capacity would exceed 200 tonnes, or
(iii) oil or coal, where the storage capacity would exceed 100,000 tonnes,
and
(j) an installation used—
(i) for the injection of natural gas, biomethane, hydrogen or other renewable gas directly into the transmission system, or
(ii) for the provision of services ancillary thereto;
“strategic infrastructure development” means a development specified in Schedule 1;
“strategic upstream gas pipeline” means such part of a gas pipeline operated or constructed—
(a) as part of a gas production project, or
(b) for the purpose of conveying unprocessed natural gas from one, or more than one, such project to a processing plant or terminal or final coastal landing terminal,
as is situated in the functional area of a planning authority or the functional areas of more than one planning authority.
(2) For the purposes of this Part, each of the following shall be treated as being a party to an appeal to the Commission from a decision of a planning authority under this Part:
(a) the planning authority;
(b) the appellant in the appeal;
(c) the applicant for permission where the applicant for permission is not the appellant.
83. Obligation to seek permission for development
83. (1) Permission shall be required under this Part for—
(a) any development other than—
(i) exempted development,
(ii) Chapter 6 State authority development,
(iii) development required by—
(I) a notice under section 339,
(II) an order under section 341,
(III) an enforcement notice under section 350, or
(IV) a planning injunction under section 351,
(iv) development in respect of which a licence under section 13 has been granted or is required,
(v) maritime development consisting of electricity transmission infrastructure in respect of which a licence under section 3 of the Act of 1933 was granted on or before 31 December 2023, provided that—
(I) neither an environmental impact assessment nor an appropriate assessment was required, or
(II) where either an environmental impact assessment or an appropriate assessment was required, that assessment was carried out before the grant of the licence,
or
(vi) maritime development (other than maritime development referred to in subparagraph (v)) in respect of which a lease under section 2 of the Act of 1933, or a licence under section 3 of that Act, was granted during the period commencing on 1 October 2017 and expiring on 31 December 2023, provided that—
(I) neither an appropriate assessment nor an environmental impact assessment was required or, where either an appropriate assessment or an environmental impact assessment was required, that assessment was carried out before the making of the lease or grant of the licence, as the case may be,
(II) permission under Part III of the Act of 2000 was not required, and
(III) the development is completed before 31 December 2028,
and
(b) retention of unauthorised development.
(2) A person shall not carry out any development for which permission is required under subsection (1) except under and in accordance with a permission.
(3) A person shall not be entitled solely by reason of a permission under this Part or an exemption conferred by this Act to carry out any development.
84. Application for permission
84. (1) An application for permission for—
(a) standard development, or
(b) retention of standard development that is unauthorised development,
shall be made to the relevant planning authority in accordance with Chapter 3.
(2) An application for permission for Chapter 4 development shall be made to the Commission in accordance with Chapter 4.
(3) A request for the material alteration of a permission under Chapter 5 shall be made to the deciding authority within the meaning of that Chapter.
(4) If a person proposes to carry out development in the nearshore area consisting of the reclamation of land and the carrying out of other works on the reclaimed land, the person shall not be required to make more than one application for permission for the development.
(5) In this section “relevant planning authority” means—
(a) the planning authority within whose functional area the development or proposed development is or is proposed to be carried out, or
(b) in relation to development or proposed development that is or is proposed to be carried out in the functional areas of more than one planning authority, each of those planning authorities.
85. Eligibility to make application
85. (1) A person shall not be eligible to make an application for permission for land-based development under Chapter 3 or 4, unless that person—
(a) is the owner of the land on which the development is situated or proposed to be situated,
(b) is a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the land on which the development is situated or proposed to be situated,
(c) has a power conferred, or an obligation imposed, by statute to carry out the development concerned whether or not any preconditions to the exercise of that power have been satisfied,
(d) has a power conferred by statute to acquire land compulsorily for the purposes of the development concerned whether or not any preconditions to the exercise of that power have been satisfied, or
(e) makes the application with the consent in writing, or on behalf, of—
(i) the owner of the land on which the development is situated or proposed to be situated,
(ii) a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the land on which the development is situated or proposed to be situated, or
(iii) a person who has a power, or who is under an obligation, referred to in paragraph (c) or (d).
(2) Subject to section 174, a person shall not be eligible to make an application for permission for maritime development under Chapter 3 or 4, unless that person—
(a) is the holder of—
(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or
(ii) a licence granted under section 3 of the Act of 1933 in relation to a part of the foreshore that consists of, or includes, the maritime site on which the development is situated or proposed to be situated,
(b) is the owner of the maritime site on which the development is situated or proposed to be situated,
(c) is a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the maritime site on which the development is situated or proposed to be situated,
(d) is the lessee under a lease under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which the development is situated or proposed to be situated,
(e) has a power conferred by statute to acquire a maritime site compulsorily for the purposes of the development concerned whether or not any preconditions to the exercise of that power have been satisfied, or
(f) makes the application with the consent in writing, or on behalf, of—
(i) the owner of the maritime site on which the development is situated or proposed to be situated, or
(ii) a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the maritime site on which the development is situated or proposed to be situated.
(3) (a) A person shall not be entitled to question or challenge the eligibility under this section of a person to make an application for permission for land-based development under Chapter 3 or 4 in a submission under this Act or in any proceedings before a court, unless that person is an interested person.
(b) In this subsection “interested person” means, in relation to an application for permission for land-based development under Chapter 3 or 4—
(i) the planning authority to whom the application is made,
(ii) the Commission,
(iii) the owner of the land to which the application relates, or
(iv) a person who has a legal or beneficial interest in the land to which the application relates.
(4) (a) A person shall not be entitled to question or challenge the eligibility under this section of a person to make an application for permission for maritime development under Chapter 3 or 4 in a submission under this Act or in any proceedings before a court, unless that person is an interested person.
(b) In this subsection “interested person” means, in relation to an application for permission for maritime development under Chapter 3 or 4—
(i) the planning authority to whom the application is made,
(ii) the Commission,
(iii) the Maritime Area Regulatory Authority,
(iv) the owner of land to which the application relates, or
(v) a person who has a legal or beneficial interest in the maritime site to which the application relates.
Chapter 2
86. Matters to which planning authority and Commission shall have regard
86. (1) When performing any function under this Part, a planning authority or the Commission, as the case may be, shall—
(a) where the performance of the function is in respect of land-based development or proposed land-based development, have regard to principles of proper planning and sustainable development, and in particular—
(i) to any development plan, urban area plan, priority area plan or coordinated area plan applicable to the land on which the development is situated or proposed to be situated,
(ii) to such provisions of a National Planning Statement as are not the subject of any provision in a plan referred to in subparagraph (i),
(iii) to any other information available to it relating to—
(I) the consequences or likely consequences of the development or proposed development for proper planning and sustainable development in the area in which the development is situated or proposed to be situated, and
(II) the likely effects on the environment of the development or proposed development,
(iv) in the case of development or proposed development that relates to a protected structure, to the protected status of the structure,
(v) in the case of development or proposed development that relates to a proposed protected structure, to the fact that it is proposed to add the structure to a record of protected structures,
(vi) in the case of development or proposed development that relates to land situated in an area of special planning control, to a special planning control scheme,
(vii) where applicable, to the policies and objectives of the Government, any State authority, the Minister, the planning authority concerned or a public body whose policies have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas (whether urban or rural),
(viii) to the national interest and any effect that the performance of the function may have on issues of strategic economic or social importance to the State,
(ix) in the case of development or proposed development—
(I) for the purposes of the provision or modification of a major accident establishment, or
(II) within the vicinity of such an establishment,
to the effect that a major accident is likely to have on the area within which the development or proposed development is, or is proposed to be, situated,
(x) in the case of development or proposed development in an architectural conservation area, to any material effect that the proposed development is likely to have on the character of that area,
(xi) in the case of development or proposed development in a special amenity area, to the provisions of the special amenity conservation order concerned, and
(xii) to the local authority climate action plan made under section 14B of the Climate Action and Low Carbon Development Act 2015 by the local authority within whose functional area the development or proposed development is, or is proposed to be, situated,
and
(b) where the performance of the function is in respect of maritime development or proposed maritime development, have regard to—
(i) the National Marine Planning Framework and the National Planning Framework,
(ii) the marine planning policy statement prepared and published under section 6 of the Act of 2021,
(iii) guidelines issued under section 7 of the Act of 2021,
(iv) national planning statements,
(v) any regional spatial and economic strategy, or other sectoral strategy of a regional assembly—
(I) within whose functional area the development or proposed development is situated or proposed to be situated, or
(II) whose functional area adjoins the maritime site on which the development or proposed development is situated or proposed to be situated,
(vi) any plan made under this Act, applicable to a part of the functional area of—
(I) a planning authority on which the development is situated or proposed to be situated, and
(II) a planning authority whose functional area adjoins the maritime site on which the development is situated or proposed to be situated,
(vii) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008^11 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive), and any enactment or instrument under an enactment that gives effect thereto,
(viii) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014^12 establishing a framework for maritime spatial planning,
(ix) objectives of maritime spatial planning, and
(x) principles of proper planning and sustainable development.
(2) An obligation under subsection (1) to have regard to any plan, guideline or national planning statement shall be construed as an obligation to have regard to the plan, guideline or statement as it has effect on the date the decision concerned is made, or the function concerned is performed, by the planning authority or the Commission.
(3) When making a decision in respect of an application for permission, the planning authority or the Commission, as the case may be, shall have regard—
(a) to the application for permission concerned,
(b) to any information relating to the application for permission furnished to it by the applicant or any other person in accordance with any provision or requirement of this Act or any regulations made under this Act,
(c) to any written submission concerning the application for permission made to it by any person in accordance with any provision or requirement of this Act or any regulations made under this Act,
(d) to any report, recommendation or record prepared in relation to the application for permission in accordance with any provision or requirement of this Act or any regulations made under this Act,
(e) to submissions or observations (if any) of a Member State of the European Union or other party to the Transboundary Convention in relation to the effects on the environment of the proposed development, and
(f) in the case of proposed development that comprises not fewer than 10 housing units, to—
(i) any information available to the planning authority or the Commission (whether or not provided by, or on behalf of, the applicant) relating to the carrying out by the applicant, or any person connected with the applicant, of any residential development during the period of 5 years immediately preceding the date of the application, and
(ii) the likelihood of the proposed development being completed within the duration of the permission.
(4) Save where otherwise provided under this Act, where a submission is—
(a) received after the expiration of any period of time specified for the making of such submission under this Act, or
(b) is not in accordance with any other requirement under this Act,
the planning authority or the Commission, as appropriate, shall return that submission to the person who made it and shall not have regard to that submission in accordance with paragraph (c) of subsection (3), unless—
(i) it is a submission from the Minister or a prescribed body received by the planning authority or the Commission not later than one week from such expiration, or
(ii) it is a submission from a Transboundary Convention state.
(5) Where a planning authority or the Commission makes a decision that, in any material respect, is inconsistent with a provision of a National Planning Statement it shall—
(a) identify that provision, and
(b) state the main reasons for making a decision that is inconsistent with that provision and the matters taken into consideration in regard thereto.
(6) Neither a planning authority nor the Commission shall refuse permission for proposed development for reasons that an urban area plan, priority area plan or coordinated area plan in respect of the area in which the development is proposed to be carried out has not been made, unless such reasons are specified in a development plan as reasons for refusing permission.
(7) Neither a planning authority nor the Commission shall refuse permission for proposed development for the reason only that the housing growth target included in the housing development strategy in respect of the settlement (within the meaning of Part 3) concerned has already been reached.
(8) Where the grant of a permission by a planning authority or the Commission would cause the housing growth target applicable to the settlement (within the meaning of Part 3) concerned to be exceeded, the planning authority or the Commission may grant the permission provided that—
(a) the grant of that permission would be consistent with—
(i) the objectives relating to that settlement specified in the development plan relating to the functional area in which the settlement is situated, and
(ii) any objectives relating to that settlement specified in—
(I) an urban area plan relating to an urban area in which the settlement is situated,
(II) a priority area plan relating to a priority area in which the settlement is situated, or
(III) a coordinated area plan relating to a coordinated area in which the settlement is situated,
and
(b) having regard to the size of the settlement, it considers that—
(i) the number of other permissions already granted in respect of development or proposed development that would cause the housing growth target in respect of that settlement to be exceeded does not undermine the underlying purpose of that housing growth target, and
(ii) the grant of the permission would not otherwise be inappropriate.
(9) In this section “application for permission” includes—
(a) an appeal to the Commission from a decision of a planning authority under Chapter 3, and
(b) a request for the alteration, or extension of the duration, of any existing permission under Chapter 5.
87. Conditions that may be attached to permission granted under Part
87. (1) A planning authority or the Commission may attach such conditions as it considers appropriate to—
(a) a permission granted by it under this Part, or
(b) a grant by it under Chapter 5 of a material alteration to a permission.
(2) Without prejudice to the generality of subsection (1), the planning authority or the Commission, as the case may be, shall attach to—
(a) a permission, or
(b) an alteration to, or extension of duration of, a permission,
such conditions as are attached to a grant of permission under paragraph (c) of subsection (6) of section 217 or subsection (6) of section 236.
(3) Without prejudice to the generality of subsection (1), a planning authority or the Commission may attach any one or more of the following conditions to a grant of permission:
(a) conditions regulating the development or use of any land or maritime site that—
(i) adjoins, abuts or is adjacent to the land or maritime site to be developed, and
(ii) is under the control of the applicant,
provided that the planning authority is satisfied that the imposition of such conditions is expedient—
(I) having regard to the development authorised by the permission, or
(II) for the purposes of or in connection with the conservation of any public amenity on any land or maritime site referred to in subparagraph (i) and appropriate for the management of the development concerned;
(b) conditions requiring the carrying out of works (including the provision of facilities) that are required for the purposes of the development authorised by the permission;
(c) conditions requiring the taking of measures to manage, limit or prevent—
(i) the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission that might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in that neighbourhood,
(ii) the intrusion of any noise or vibration that might give reasonable cause for annoyance to any person lawfully occupying a structure or site, or
(iii) emissions to air, water or land during the construction or operation of the development that might give rise to adverse effects on the environment;
(d) conditions requiring provision of open spaces;
(e) conditions requiring the planting, maintenance and replacement of trees, shrubs or other plants or the landscaping of structures or other land;
(f) where the development includes the construction of not less than 2 housing units, conditions for requiring the satisfactory completion within a specified period (which shall not be less than 2 years from the commencement of any works) of the proposed development (including any roads, open spaces, car parks, sewers, water mains or drains or other public facilities);
(g) conditions requiring the giving and maintaining of adequate security for satisfactory completion of the proposed development;
(h) conditions determining the sequencing of works and the period within which works shall be carried out;
(i) conditions for the maintenance or management of the proposed development, which may include a requirement to—
(i) form a company within the meaning of the Companies Act 2014,
(ii) form an owners’ management company within the meaning of the Multi-Unit Developments Act 2011, or
(iii) appoint a person or persons, to carry out such maintenance or management;
(j) conditions for the maintenance, until taken in charge by the local authority concerned, of roads, open spaces, car parks and other public facilities or, where there is an agreement with the local authority in relation to such maintenance, conditions for maintenance in accordance with the agreement;
(k) conditions for the maintenance, until taken in charge by Uisce Éireann, of sewers, watermains or drains or, where there is an agreement with Uisce Éireann in relation to such maintenance, conditions for maintenance in accordance with the agreement;
(l) conditions requiring the provision of such facilities for the collection or storage of recyclable materials for the purposes of the proposed development;
(m) conditions requiring construction and demolition waste to be recovered or disposed of in such manner and to such extent as may be specified by the planning authority;
(n) conditions requiring the provision of roads (including traffic calming measures), open spaces, car parking and storage spaces, sewers, watermains or drains, facilities for the collection or storage of recyclable materials and other public facilities in excess of the immediate needs of the proposed development, subject to the local authority or Uisce Éireann, as may be appropriate, paying for the cost of the additional works and taking them in charge or otherwise entering into an agreement with the applicant with respect to the provision of those public facilities;
(o) conditions requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land or maritime site so authorised, upon the expiration of a specified period, and the carrying out of any works required for the re-instatement of the land or maritime site at the expiration of that period;
(p) conditions in relation to appropriate naming and numbering of, and the provision of appropriate signage for, the proposed development;
(q) conditions requiring, in any case in which the development authorised by the permission would remove or alter any protected structure or any element of a protected structure that contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest—
(i) the preservation by a written and visual record (which may include measured architectural drawings, colour photographs or audio-visual aids, as considered appropriate) of that structure or element before the development authorised by the permission takes place, and
(ii) where appropriate, the architectural salvaging of any element, or the reinstatement of any element in a manner specified;
(r) conditions requiring, and relating to, the maintenance or management of the proposed development;
(s) conditions regulating the hours and days during which a business premises may operate;
(t) conditions requiring the applicant to submit information to a planning authority, the Commission or any other local or state authority, as the planning authority or the Commission may specify, before commencing development;
(u) conditions relating to the protection, preservation, archaeological excavation or recording of places, caves, sites, features, wrecks or objects of archaeological, geological, historical, scientific or ecological interest, whether situated on land or underwater.
(4) Without prejudice to the generality of subsection (1), a planning authority or the Commission may, in addition to any condition that it may or is required to attach to a permission in accordance with any other provision of this section, attach any one or more of the following conditions to a permission for maritime development under this Part:
(a) conditions requiring the recording, archaeological excavation or carrying out of works for the protection or preservation of—
(i) any site of archaeological interest,
(ii) any wreck within the meaning of the National Monuments (Amendment) Act 1987, or
(iii) any wreck within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023;
(b) conditions requiring the carrying out of such works as the coastal planning authority may specify for the purposes of the development;
(c) for the purpose of ensuring compliance with the terms of the maritime area consent granted for the occupation of the maritime site concerned, conditions regulating the development or use of any part of the maritime area that adjoins that maritime site;
(d) conditions requiring—
(i) the provision, protection or maintenance of access to the maritime area and land adjoining the maritime area by members of the public or members of a class of the public, or
(ii) the carrying out of works for the purpose of such provision, protection or maintenance;
(e) conditions aimed at protecting rights to navigate in the maritime area;
(f) conditions aimed at protecting rights to fish in the maritime area;
(g) conditions for, or in connection with—
(i) the protection of the marine environment (including the protection of fisheries),
(ii) the safety of navigation, or
(iii) the protection of underwater cables, wires, pipelines or other similar apparatus used for the purpose of—
(I) transmitting electricity or telecommunications signals, or
(II) carrying gas, petroleum, oil or water;
(h) conditions requiring, and relating to—
(i) the provision to the coastal planning authority concerned, and
(ii) maintenance,
of adequate financial security for the purpose of ensuring the satisfactory completion of the proposed development;
(i) conditions requiring the person to whom the permission is granted to submit such information, as may be specified by the planning authority or the Commission, to the planning authority, the Commission, the Maritime Area Regulatory Authority or a public body prior to commencement of the development concerned.
(5) A planning authority or the Commission, as may be appropriate, may, in addition to any condition that it may or is required to attach to a permission in accordance with any other provision of this section, attach to the permission—
(a) a condition requiring—
(i) the construction, or the financing (in whole or in part) of the construction, of a facility in the area in which the development was carried out or is proposed to be carried out that, in the opinion of the planning authority or the Commission, as the case may be, would provide a substantial gain to the community, or
(ii) the provision, or the financing (in whole or in part) of the provision, of a service in the area in which the development was carried out or is proposed to be carried out that, in the opinion of the planning authority or the Commission, as the case may be, would provide a substantial gain to the community,
and
(b) conditions requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the functional area of any planning authority in which the development concerned is (in whole or in part) situated or proposed to be situated.
(6) A condition attached to a permission in accordance with paragraph (a) of subsection (5) shall not require such an amount of financial resources to be committed for the purposes of compliance with the condition as would substantially deprive the person in whose favour the permission operates of the benefits likely to accrue from the grant of the permission.
(7) Notwithstanding subsection (1), where a planning authority or the Commission decides to grant permission under this Part for development that consists, or is for the purpose, of an activity for which—
(a) an industrial emissions licence,
(b) an integrated pollution control licence,
(c) a waste licence, or
(d) a waste water discharge licence,
is required, it shall not attach conditions to that permission that would be for the purpose of—
(i) controlling, preventing or limiting emissions resulting from the activity, or
(ii) controlling, preventing or limiting emissions related to, or consequential on, the cessation of the activity.
(8) Notwithstanding subsection (1), where a planning authority or the Commission decides to grant permission under this Part for development that consists, or is for the purpose, of an activity for which an abstraction licence is required, it shall not attach conditions to that permission that would be for the purpose of controlling, preventing or limiting the abstraction concerned.
(9) (a) A planning authority or the Commission may, in addition to any condition that it may or is required to attach to a permission in accordance with any other provision of this section, attach to that permission a condition that the person who carries out the development agree points of detail relating to compliance with the permission—
(i) in the case of development or part of a development that is proposed to be situated on land, with the planning authority in whose functional area the development is proposed to be so situated,
(ii) in the case of development or part of a development that is proposed to be situated in the nearshore area of a coastal planning authority, with that coastal planning authority, and
(iii) in the case of development or part of a development that is proposed to be situated in the outer maritime area, with the Commission.
(b) A condition imposed under paragraph (a) shall—
(i) provide that the agreement be recorded in writing, and
(ii) specify the date, or point in the carrying out of the development, by which the agreement shall be made.
(10) (a) Where the person carrying out the development has submitted to the planning authority points of detail to be agreed with the planning authority in accordance with a condition under subparagraph (i) or (ii) of paragraph (a) of subsection (9), the planning authority shall, not later than 8 weeks (or such longer period as may be agreed in writing by the planning authority with that person) from the submission of those points of detail, either—
(i) reach agreement with that person on those points, or
(ii) where the planning authority and that person cannot reach such agreement, either—
(I) inform that person in writing that it considers that such agreement cannot be reached, or
(II) refer the matter to the Commission for its determination.
(b) Where, in accordance with clause (I) of subparagraph (ii) of paragraph (a), a planning authority informs the person concerned that it considers that agreement cannot be reached on points of detail in relation to a permission, the person may, not later than 4 weeks from his or her being so informed, refer the matter to the Commission for its determination and the Commission shall determine the matter.
(11) Where no agreement is reached under subsection (10) or the matter is not referred to the Commission within the period specified in subsection (10), or such longer period as may have been agreed, the planning authority shall be deemed not to have agreed to the points of detail as submitted.
(12) Where the person carrying out the development has submitted to the Commission points of detail to be agreed with the Commission in accordance with a condition under subparagraph (iii) of paragraph (a) of subsection (9), the Commission shall, not later than 8 weeks (or such longer period as may be agreed in writing by the Commission with that person) from the submission of those points of detail, either—
(a) reach agreement with that person on those points, or
(b) where the Commission and that person cannot reach such agreement, determine the matter.
(13) Where no agreement is reached and the Commission has not determined the matter within the period of 4 weeks from the expiration of the period referred to in subsection (12), the Commission shall be deemed to have agreed the points of detail as submitted by the person carrying out the development.
Chapter 3
88. General
88. (1) An application for permission for standard development shall be made in accordance with this Part.
(2) Applications for permission and requests for consultations and LRD meetings under this Chapter shall be made to the planning authority or planning authorities within whose functional area or functional areas it is proposed to carry out the development or any part of the development.
(3) Where development or proposed development is situated or proposed to be situated within the functional areas of more than one planning authority, thereby requiring that an application for permission in respect of the development or proposed development be made to each such planning authority, the planning authorities concerned shall co operate in considering and determining each such application and in carrying out any consultation or convening any LRD meeting in relation thereto.
(4) The Minister may make regulations for the purposes of subsection (3).
89. Pre-application consultation required for certain developments
89. (1) Subject to subsection (2), a person shall not apply for permission under this Chapter for—
(a) development consisting of not less than 10 housing units,
(b) development consisting of student accommodation containing not less than 200 bed spaces,
(c) development (other than residential development) containing not less than 1000 square metres gross floor space, or
(d) such other development as may be prescribed,
unless in relation to the proposed development—
(i) he or she first requests a consultation under section 90,
(ii) in a case where the planning authority complies with paragraph (a) of subsection (3) of section 90, he or she participated in at least one consultation meeting under that section,
(iii) a certificate referred to in subsection (9) of section 90 was given to him or her, or
(iv) he or she makes the application with the written consent, or on behalf, of a person who—
(I) has complied with paragraph (i) or (ii), or
(II) is the holder of such a certificate.
(2) A person (in this Chapter referred to as a “prospective LRD applicant”) shall not apply for permission for large-scale residential development—
(a) unless, in relation to the proposed development, he or she—
(i) obtains an LRD opinion under section 92 in relation to the proposed development within the period of 6 months before he or she makes the application for permission,
(ii) obtains a certificate referred to in subsection (9) of section 90 in relation to the proposed development within the period of 6 months before he or she makes the application for permission, or
(iii) makes the application with the written consent, or on behalf, of a person who has complied with subparagraph (i) or (ii),
and
(b) unless the land on which the proposed development is to be carried out is zoned to allow such development to be carried out thereon.
(3) In this section “proposed development” means—
(a) in relation to an application for permission referred to in subsection (1), development that is not materially different from development in respect of which a request for consultation under section 90 was made, and
(b) in relation to an application for permission referred to in subsection (2), development that is not materially different from development in respect of which an LRD opinion was obtained under section 92.
90. Pre-application consultation
90. (1) (a) Any person (in this section referred to as a “prospective applicant”) who is eligible to apply for permission, and intends to apply for permission, for standard development may, prior to the making of an application for such permission, request a consultation meeting with the planning authority under this section.
(b) Any person (in this section also referred to as a “prospective applicant”) who is of a class prescribed by the Minister may request a consultation meeting with the planning authority under this section.
(2) A request under this section shall be accompanied by—
(a) sufficient information to allow the planning authority to carry out its functions under this section, and
(b) any documentation or information as may be prescribed.
(3) Where a request is made under this section and is accompanied by the required documentation and information in accordance with subsection (2), the planning authority shall hold a consultation meeting—
(a) in the case of development to which subsection (1) of section 89 applies, within 4 weeks from the date of the request, or
(b) in the case of any other development, as soon as is practicable.
(4) Where a request under this section is made and, on the expiration of the period specified in paragraph (a) of subsection (3), a consultation meeting has not taken place—
(a) the prospective applicant may make an application under section 95 for permission for the development to which the request relates provided that the request does not relate to proposed large-scale residential development, or
(b) the planning authority shall, where the request relates to proposed large-scale residential development, proceed to convene the consultation meeting as soon as practicable and provide the applicant with a written explanation as to why the consultation meeting did not take place within the period referred to in paragraph (a) of subsection (3).
(5) The holding of a consultation meeting under this section after the period referred to in paragraph (a) of subsection (3) shall not invalidate any steps taken by the planning authority.
(6) A planning authority may, for the purposes of the consultation meeting in relation to a proposed development, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the meeting.
(7) For the purposes of a consultation meeting under this section in relation to proposed development at the airport, a planning authority shall—
(a) consult with the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019), and
(b) upon the request of that competent authority—
(i) facilitate that competent authority’s engagement in the consultation meeting, and
(ii) require the prospective applicant to furnish to the planning authority any specified types of drawings, plans, documents or other information in relation to that request as the competent authority may specify.
(8) For the purposes of a consultation meeting under this section, a planning authority—
(a) shall advise the prospective applicant of the procedures that apply to the consideration of a planning application by a planning authority,
(b) shall, as far as possible, indicate—
(i) the relevant objectives of the development plan and any applicable urban area plan, priority area plan or coordinated area plan, or
(ii) in the case of proposed maritime development, the relevant objectives of the National Marine Planning Framework,
that are likely to have a bearing on the decision of the planning authority,
(c) may advise the prospective applicant of the considerations related—
(i) to the environment,
(ii) to proper planning and sustainable development, or
(iii) in the case of proposed maritime development, to maritime spatial planning,
that, in the opinion of the planning authority, are likely to have a bearing on the decision of the planning authority, and
(d) may, on the request of the prospective applicant, advise him or her as to the type of documents that may be required to be submitted with the proposed application.
(9) (a) Where a planning authority receives a request under this section in relation to a proposed development that includes permitted development, and the planning authority is satisfied that—
(i) the proposed development is substantially the same as the permitted development, and
(ii) the nature, scale and effect of any difference between the permitted development and the proposed development would not require the holding of any further consultation,
the planning authority may determine that further consultation is not required under this section in relation to the proposed development, and where it so determines, it shall provide a certificate to that effect in writing to the person who made the request.
(b) In this subsection “permitted development” means such part of a proposed development as is the subject of—
(i) a permission granted under this Chapter for large-scale residential development,
(ii) a permission granted under the Act of 2000 for large-scale residential development within the meaning of that Act, or
(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016.
(10) A written confirmation provided under subsection (7) of section 247 of the Act of 2000 shall, on and after the repeal of that subsection by section 6, be deemed to be a certificate provided under subsection (9).
91. LRD meeting
91. (1) A prospective LRD applicant may, after having consulted with the planning authority in accordance with section 90, request a meeting (in this Part referred to as an “LRD meeting”) with that planning authority.
(2) A request under subsection (1) of section 93 may be included in a request under subsection (1).
(3) A request under subsection (1) shall be in writing and shall be accompanied by such information and documentation as may be prescribed.
(4) If a request under subsection (1) of section 93 is included in the request under subsection (1), the prospective LRD applicant shall, in addition to complying with subsection (3), comply with subsection (2) of the said section 93.
(5) The planning authority may, prior to the LRD meeting, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the LRD meeting.
(6) Where a prospective LRD applicant submits a request in accordance with subsection (1), the planning authority shall convene an LRD meeting which shall take place within the period of 4 weeks from the date on which the planning authority receives the request.
(7) Where a request under subsection (1) of section 93 is included in a request under subsection (1), the LRD meeting shall be treated as having been convened for the purpose of that section and section 94 (as well as for the purpose of this section and section 92), and accordingly the planning authority shall—
(a) in relation to the first-mentioned request, perform the functions conferred on it by sections 93 (other than subsections (4) and (7)) and 94, and
(b) in relation to the second-mentioned request, perform the functions conferred on it by this section and section 92.
(8) The following persons only shall be permitted to attend a meeting convened under subsection (6):
(a) the planning authority;
(b) the prospective LRD applicant; and
(c) any person nominated by the prospective LRD applicant for the purpose of advising or representing him or her at the meeting.
(9) The planning authority shall ensure that any members of staff of the planning authority concerned attending the LRD meeting have a sufficient knowledge and expertise in relation to the matter to which the meeting relates.
(10) Where the LRD meeting does not take place before the expiry of the period specified in subsection (6), the planning authority shall—
(a) convene the LRD meeting as soon as practicable thereafter, and
(b) provide the prospective LRD applicant with an explanation in writing of the reason why the LRD meeting did not take place within that period.
(11) The failure of a planning authority to comply with subsection (6) within the period specified therein shall not invalidate any act done by the planning authority.
92. LRD opinion
92. (1) The planning authority shall, within the period of 4 weeks from the date on which the LRD meeting takes place, provide an opinion (referred to in this Chapter as an “LRD opinion”) to the prospective LRD applicant as to whether or not it considers that the documents submitted for the purposes of the meeting constitute a reasonable basis on which to make an application for permission for the proposed LRD.
(2) Where the opinion of the planning authority is that the documents submitted for the purposes of the meeting do not constitute a reasonable basis on which to make an application for permission for the proposed LRD, it shall specify in the LRD opinion—
(a) the extent to which the documents submitted do not constitute a reasonable basis on which to make the application, and
(b) any issues that, if dealt with by the relevant documents, could result in the documents constituting a reasonable basis on which to make the application.
(3) Where the planning authority fails to provide an LRD opinion within the period referred to in subsection (1), the planning authority shall provide the applicant with a written explanation of the reason for the failure and provide that opinion as soon as practicable after the expiration of that period.
(4) An LRD opinion provided by a planning authority under subsection (1) shall be published and made available to the public, in such manner as may be prescribed, not later than 3 days from the day on which the planning authority receives an application for permission for the development to which the opinion relates.
(5) The failure by a planning authority to comply with this section within the period referred to in subsection (1) shall not invalidate any steps taken by the planning authority.
(6) An LRD opinion provided under section 32D of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be an LRD opinion provided under this section.
(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6, each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.
93. Request for meeting where certain aspects of proposed development not confirmed
93. (1) Where a person (in this section referred to as a “prospective applicant”) proposes to make an application for permission for development under this Chapter but not all aspects of the development are likely to be confirmed by the date of the application, he or she may, before making the application, request a meeting with the planning authority in whose functional area the development concerned is proposed to be situated.
(2) (a) A request under subsection (1) shall—
(i) be in writing,
(ii) include a description of—
(I) the aspects, or aspects falling within a specified category, of the proposed development that are not likely to be confirmed by the time the application is made, and
(II) the circumstances that would justify the making of the application before the confirmation of those aspects,
(iii) include such other information as may be prescribed,
(iv) be accompanied by an undertaking in writing given by the prospective applicant that, in relation to each aspect or category referred to in clause (I) of subparagraph (ii), he or she will include with any such application—
(I) a description of not less than 2 approaches, or
(II) a statement of the range within which each such aspect or category (being an aspect or category in respect of which the prospective applicant has elected not to comply with clause (I)) falls,
and
(v) be accompanied by such fee as may be prescribed.
(b) Without prejudice to the generality of clause (II) of subparagraph (ii) of paragraph (a), circumstances referred to in that clause may include—
(i) the unavailability, at the time that the prospective applicant intends to make the application, of technology that is likely to become available before the commencement of the part of the proposed development to which the aspect concerned relates, and
(ii) circumstances relating to any particular class of development as may be prescribed.
(3) A planning authority that receives a request under subsection (1) may, before a meeting under this section takes place, consult with any person who may, in the opinion of the planning authority, have information that is relevant to the subject matter of the meeting, and the planning authority shall prepare a record in writing of the consultation and keep that record with the documentation relating to any subsequent application for permission for the proposed development concerned.
(4) A planning authority shall, upon receiving a request under subsection (1), convene a meeting (which shall take place not later than 4 weeks from the date on which the request was received by the planning authority) with the prospective applicant.
(5) The following persons shall be permitted to attend a meeting convened in accordance with subsection (4):
(a) the planning authority;
(b) the prospective applicant; and
(c) any person or persons nominated by the prospective applicant for the purpose of advising or representing him or her at the meeting.
(6) The planning authority shall ensure that any members of staff of the planning authority attending the meeting have a sufficient knowledge and expertise in relation to the matters to which the meeting relates.
(7) Where a meeting referred to in subsection (4) does not take place within the period specified in that subsection, the planning authority shall—
(a) convene such meeting as soon as practicable thereafter, and
(b) provide the prospective applicant with an explanation in writing of the reason for the failure to convene a meeting within that period.
(8) The planning authority shall keep—
(a) a request under this section,
(b) all documents included with or accompanying that request in accordance with subsection (2), and
(c) a record in writing of a meeting convened in accordance with subsection (4),
with the documentation relating to any subsequent application for permission for the proposed development concerned.
(9) A request, document or record kept in accordance with subsection (8) shall be published and made available to the public, in such manner as may be prescribed, not later than 3 days from the day on which the planning authority receives an application for permission for the proposed development concerned.
(10) The failure by a planning authority to comply with subsection (4) within the period specified therein shall not invalidate any act done by the planning authority.
94. Opinion with regard to making of application where certain aspects of proposed development not confirmed
94. (1) The planning authority shall, not later than 4 weeks from the date on which the meeting convened under subsection (4) of section 93 takes place, consider the description and information included in the request under that section, the undertaking that accompanied that request and any information provided at the meeting and—
(a) if the planning authority is satisfied that it would be appropriate for the application referred to in subsection (1) of that section to be made before the confirmation of all aspects of the development concerned, it shall provide the prospective applicant (within the meaning of section 93) with an opinion to that effect, or
(b) if the planning authority is not so satisfied, it shall notify the prospective applicant (within the meaning of section 93) thereof in writing.
(2) An opinion under subsection (1) shall specify—
(a) the aspects of the proposed development that may be confirmed after the making of the application,
(b) the circumstances relating to the proposed development that justify the making of the application before the confirmation of those aspects, and
(c) that the application shall, in addition to any other requirement imposed by or under this Act, include the description or statement referred to in the undertaking given in accordance with subparagraph (iv) of paragraph (a) of subsection (2) of section 93.
(3) An opinion under subsection (1) shall not be published unless and until a planning application for permission for the development concerned is made in accordance with this Chapter.
(4) Where the planning authority fails to comply with subsection (1) within the period specified therein, it shall perform the functions under that subsection as soon as practicable and provide the prospective applicant with an explanation in writing of the reason for the failure.
(5) The failure by a planning authority to comply with subsection (1) within the period specified therein shall not invalidate any act done by the planning authority.
(6) An opinion under subsection (2) of section 32I of the Act of 2000 shall operate as if it were an opinion under paragraph (a) of subsection (1).
(7) A notification under subsection (3) of section 32I of the Act of 2000 shall operate as if it were a notification under paragraph (b) of subsection (1).
95. Application for permission for standard development
95. (1) Before making an application for permission for standard development, the applicant shall, in addition to complying with paragraph (d) of subsection (1) of section 216 and subsection (3) of section 234 (where applicable), comply with such public notice requirements as may be prescribed.
(2) An application for permission for standard development shall be in such form, and be accompanied by such documentation, as may be prescribed.
(3) Where a planning authority receives an application for permission for large-scale residential development it shall, as soon as may be thereafter—
(a) make the application available for inspection by the elected members of the planning authority, and
(b) notify the elected members of the planning authority of—
(i) the making of the application,
(ii) the place where the application is so available, and
(iii) such other matters in relation to the application as may be prescribed.
(4) Within such period as may be prescribed after the receipt of an application under this section by a planning authority, the planning authority shall, if it is satisfied that the application was made in accordance with this section, section 89 (where applicable) and such regulations as are made for the purposes of this section, by notice in writing to the applicant—
(a) acknowledge receipt of the application, and
(b) confirm the date of receipt of the application.
(5) Subject to subsection (7), an application that is not in accordance with this section, section 89 (where applicable) or such regulations as are made for the purposes of this section shall be invalid.
(6) Following receipt by a planning authority of an application under this section for permission for land-based development, the planning authority shall, before the expiration of such period as may be prescribed, cause an inspection of the land on which it is proposed to carry out the development concerned to be carried out.
(7) Where the planning authority determines, following the carrying out of an inspection under subsection (6), or at any other time after the acknowledgment of receipt of a planning application under paragraph (a) of subsection (4) but before the planning authority makes a decision in relation to the application under section 98, that the application was not made in accordance with this section, section 89 (where applicable) or regulations made for the purposes of this section, then—
(a) if it is satisfied that the failure to make the application in accordance with those enactments—
(i) has not resulted in any failure to comply with any requirement under this Act to give public notice of the application, and
(ii) has not otherwise materially affected the ability of the planning authority to determine the application, or carry out any appropriate assessment or environmental impact assessment in relation to the application,
it shall treat the application as valid, or
(b) if it is not satisfied with regard to the matters referred to in subparagraphs (i) and (ii) of paragraph (a), it shall treat the application as invalid and declare it to be so.
(8) (a) Notwithstanding subsection (7), where, any time after the acknowledgment of receipt of a planning application in accordance with paragraph (a) of subsection (4) but before the planning authority makes a decision in relation to the application under section 98, the planning authority determines that—
(i) the development the subject of the application is not standard development, or
(ii) the applicant was not entitled to make the application in accordance with subsection (1) of section 89 or did not comply with subsection (2) of that section before making the application,
it shall declare the application invalid.
(b) Where, following a screening for appropriate assessment under section 212, a planning authority makes a determination under that section, in relation to an application for retention permission, that the likelihood of the development concerned (either individually or in combination with any plan or other project within the meaning of the Habitats Directive) having significant effects on a European site cannot be excluded, it shall declare the application to be invalid.
(c) Where, following a screening for environmental impact assessment under section 229, a planning authority makes a determination under that section in relation to an application for retention permission that an environmental impact assessment is required, it shall declare the application to be invalid.
(d) Where a planning authority declares an application invalid under this subsection, it shall, as soon as may be, inform the applicant by notice in writing that an application for permission for the proposed development cannot be made to the planning authority under this Chapter and specifying the Chapter of this Part, if any, under which an application for permission for the proposed development may be made.
(e) Paragraph (d) is in addition to, and not in substitution for, section 172.
(9) The planning authority shall enter particulars of every application under this section in the register.
96. Outline permission
96. (1) An application under section 95 may be made to a planning authority for permission (in this section referred to as “outline permission”) for development consisting of not more than 4 housing units (other than a housing unit that is a protected structure).
(2) An outline permission shall not operate to authorise the carrying out of any development.
(3) An outline permission shall cease to have effect on the expiration of—
(a) 3 years, or
(b) such longer period (not exceeding 5 years) as may be specified by the planning authority,
from the date of the grant of outline permission.
(4) A planning authority shall not refuse to grant full permission for development in respect of which outline planning permission was granted on any ground that the planning authority decided was not a ground for refusal of the outline permission, provided that the planning authority is satisfied that the proposed development would not contravene the outline permission.
(5) An appeal under section 103 from a decision of a planning authority to grant full permission for development in respect of which outline permission was granted shall not be granted on any ground that the planning authority decided was not a ground for refusal of the outline permission.
(6) The period of duration of a full permission for development shall be deemed to have commenced on the date of the grant of the outline permission for that development.
(7) A planning authority shall not grant outline permission for development in respect of which an appropriate assessment or environmental impact assessment is required in accordance with Part 6.
(8) A reference in this Chapter (other than sections 89, 91, 92 and 101) to permission includes a reference to outline permission.
(9) Regulations under subsection (2) of section 95 may prescribe different documentation for an application for outline permission and an application for full permission.
(10) Outline permission granted under section 36 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be outline permission granted under this section, and accordingly this section (other than subsection (1)) shall apply in respect of that outline permission.
(11) In this section—
“full permission” means permission (other than outline permission) for development granted under section 98 upon an application under section 95 made before an outline permission granted for that development ceases to have effect;
“outline permission” means permission granted in principle under section 98 for development on land, subject to the making of a subsequent application for, and grant of, full permission for that development.
97. Procedural powers of planning authority
97. (1) Any person may, upon payment of the prescribed fee, make a submission in writing to a planning authority in relation to an application for permission for standard development in such manner and within such period as may be prescribed.
(2) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 and before determining any application for permission for standard development, a planning authority may, in such manner and within such period as may be prescribed, request the applicant to submit—
(a) further information to the planning authority, where in the opinion of the planning authority that information is necessary to enable it to determine the application, or
(b) revised particulars, plans or drawings in relation to the development or proposed development, where the planning authority is considering granting permission subject to the applicant complying with that request.
(3) Without prejudice to subsection (1) or (7) of section 235, where the planning authority receives—
(a) a submission under subsection (1),
(b) further information or revised particulars, plans or drawings pursuant to a request under subsection (2), or
(c) submissions or further information under any other provision of this Act or regulations under this Act or pursuant to a request under any such provision,
that it considers contain or contains additional material information (including information in relation to the effect of the proposed development on a European site or otherwise on the environment), it shall—
(i) make that additional material information available to the public for inspection (to the extent that such information is not already available to the public) in such manner and within such period as may be prescribed, and
(ii) notify the applicant that the applicant is required to give notice (in such manner and within such period as may be prescribed) to the public—
(I) that the additional material information is available for inspection,
(II) of the address of the place where the additional information may be inspected, and
(III) that the public are entitled to make submissions in relation to the additional material information within such period as may be prescribed.
(4) (a) Where an applicant for permission fails to comply with a request under paragraph (a) of subsection (2) or a requirement in a notification under paragraph (a) of subsection (2) within such period as may be prescribed, the application for permission shall be deemed to have been withdrawn.
(b) Where an applicant for permission fails to comply with a request under paragraph (b) of subsection (2) within such period as may be prescribed, the planning authority may—
(i) extend that period, where it considers it appropriate to do so, or
(ii) without further notice to the applicant, consider, and perform its functions in relation to, the application as if no such request had been made.
98. Decision in relation to standard planning application
98. (1) Subject to this Part and Part 6, where an application for permission is made to a planning authority under this Chapter, the planning authority may decide to—
(a) grant the permission, subject to such conditions (if any) as may be imposed under section 87,
(b) grant the permission subject to—
(i) any modifications to the proposed development as it may specify, and
(ii) subject to such conditions (if any) as may be imposed under section 87,
(c) grant permission in respect of part of the proposed development subject to—
(i) any modifications to that part as it may specify, and
(ii) subject to such conditions (if any) as may be imposed under section 87,
or
(d) refuse to grant the permission.
(2) A planning authority shall, in addition to any conditions that it may decide to attach to a grant of permission in accordance with subsection (1), attach the following conditions to a grant of permission under that subsection where the application for permission concerned is an application to which an opinion under section 94 applies:
(a) a condition requiring that each aspect of the proposed development concerned in respect of which confirmation has not yet been given to the planning authority—
(i) be limited to such proposed approaches as were included with the application for permission in accordance with the undertaking referred to in subparagraph (iv) of paragraph (a) of subsection (2) of section 93, or
(ii) fall within such range specified in the statement included with the application for permission in accordance with the undertaking referred to in the said subparagraph (iv),
and
(b) a condition requiring the applicant for permission to inform the planning authority in writing of particulars of the aspect of the proposed development concerned (that has not yet been confirmed) before—
(i) the date of the commencement of the part of the proposed development to which that aspect relates, or
(ii) such earlier date as may be prescribed.
(3) When granting a permission under subsection (1) a planning authority shall comply with subsection (2) of section 87 (where applicable).
(4) Where a planning authority considers that the performance by it of functions under this section in relation to an application under section 95 has the potential to have a significant effect on the functional area of another planning authority, it shall, before making a decision under this section in relation to that application consult with, and have regard to the views expressed by, that other planning authority.
99. Application for permission for development in material contravention of development plan or National Marine Planning Framework
99. (1) (a) Where an application is made under section 95 for permission for land-based development or proposed land-based development that materially contravenes, or would materially contravene, the development plan for the functional area of the planning authority, the planning authority shall, subject to subsection (2), refuse permission under section 98.
(b) Where an application is made under section 95 for permission for maritime development or proposed maritime development that materially contravenes, or would materially contravene, the National Marine Planning Framework, the planning authority shall, subject to subsection (2), refuse permission under section 98.
(2) A planning authority may, by resolution (in this section referred to as a “material contravention resolution”) in accordance with this section passed by not less than three-quarters of the total number of the members of the planning authority following a proposal of the chief executive of the planning authority, decide to grant permission under section 98 for development or proposed development referred to in paragraph (a) or (b) of subsection (1) if—
(a) it considers that the grant of such permission is necessary or justified having regard—
(i) in the case of development or proposed development referred to in paragraph (a) or (b) of subsection (1), to proper planning and sustainable development, or
(ii) in the case of development or proposed development referred to in paragraph (b) of subsection (1), to the objectives of maritime spatial planning,
and
(b) in the case of development or proposed development referred to in paragraph (a) of subsection (1), the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Policies and Measures or regional spatial and economic strategy as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies,
and any such resolution passed without prior compliance with subsection (3) shall be invalid.
(3) A planning authority shall give notice, in such form and manner as may be prescribed, to the public and to such persons as may be prescribed of any motion for a material contravention resolution, and any person may, upon payment of a prescribed fee, make submissions in respect of such motion in such form and manner, and within such period, as may be prescribed.
(4) (a) Where a submission is received by the planning authority within the period prescribed for the purposes of subsection (3), the planning authority shall acknowledge that submission in writing and the chief executive shall have regard to that submission when preparing his or her report in accordance with paragraph (c).
(b) Where a submission is received by the planning authority after the expiration of the period prescribed for the purposes of subsection (3), the planning authority shall return that submission to the person who made it and notify the person that the submission cannot be considered by the planning authority.
(c) The chief executive shall, within such period as may be prescribed, prepare, and submit to the members of the planning authority, a report—
(i) stating the main reasons and considerations on which the motion to grant permission in material contravention of the development plan or National Marine Planning Framework, as the case may be, is based, including the main reasons for considering that granting the permission may be necessary or justified having regard to the proper planning and sustainable development of the area, or the objectives of maritime spatial planning, as appropriate,
(ii) summarising the issues raised in any submissions validly received, and
(iii) advising the members of his or her opinion regarding the compliance, or otherwise, of the development or proposed development with National Planning Statements or any relevant policies or objectives of the Government or Minister of the Government or with any regional spatial and economic strategy,
and that report shall be considered by the members before a material contravention resolution is passed.
(5) A material contravention resolution shall record that the members are satisfied that the development or proposed development is necessary or justified having regard to the proper planning and sustainable development of the area and, where the proposed development is or includes maritime development, objectives of maritime spatial planning.
(6) It shall be necessary for the passing of a material contravention resolution that the number of the members of the planning authority voting in favour of the resolution is not less than three-quarters of the total number of the members of the planning authority or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and the requirement of this paragraph is in addition to and not in substitution for any other requirement applying in relation to such a resolution.
(7) Where a material contravention resolution has been passed by a planning authority, the planning authority shall—
(a) send a copy of the notice under subsection (3) that relates to the resolution to the regional assembly for the area and the Office of the Planning Regulator,
(b) at the same time, inform the regional assembly for the area and the Office of the Planning Regulator in writing that the resolution was passed, and
(c) enter particulars of the material contravention resolution in the register.
100. Notification of decision of planning authority
100. (1) A planning authority shall, not later than 3 working days from its having made a decision under section 98, give such notice as may be prescribed of that decision.
(2) (a) A notice under subsection (1) shall—
(i) state the main reasons and considerations on which the decision to which the notice relates is based,
(ii) where conditions are imposed in relation to the grant of any permission, state the main reasons for the imposition of any such conditions,
(iii) where the planning authority decides to grant a permission in accordance with section 99, the main reasons and considerations for granting permission for development that materially contravenes the development plan, and
(iv) where the planning authority decides to grant permission upon an application that was accompanied by an environmental impact assessment report—
(I) state that the planning authority is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision to grant permission was made,
(II) include a summary of—
(A) the outcome of any consultations that took place for the purposes of the environmental impact assessment,
(B) the information collected for the purposes of the environmental impact assessment,
(C) submissions (if any) received from a Transboundary Convention state, and
(D) the manner in which that outcome, that information and any such submissions were taken account of in the making of the decision.
(b) Where a decision under section 98 does not follow a recommendation in a report to the chief executive (or such other person delegated to make the decision) prepared in relation to the planning application concerned by a person duly authorised to prepare such report by the planning authority, a statement under paragraph (a) shall specify the main reasons for not following the recommendation.
(3) (a) Where—
(i) a planning authority decides to grant permission under section 98,
(ii) the decision concerned is not appealed under this Part, and
(iii) no application for leave to appeal the decision under this Part is made,
the planning authority shall grant the permission as soon as may be after the expiration of the period for the bringing of an appeal from the decision.
(b) Where—
(i) a planning authority decides to grant permission under section 98,
(ii) the decision is appealed under this Part or an application for leave to appeal the decision under this Part is made, and
(iii) the appeal or application for leave to appeal is withdrawn, or dismissed or refused by the Commission,
the planning authority shall grant the permission as soon as may be after the withdrawal, dismissal or refusal, and where more than one appeal under this Part from the decision is brought or more than one such application is made, the planning authority shall not grant the permission unless and until all such appeals or applications are so withdrawn, dismissed or refused.
(c) Where—
(i) a planning authority decides to grant permission under section 98, and
(ii) on appeal under this Part from the decision, the Commission gives a direction under section 112,
the planning authority shall grant the permission as soon as may be after the date of the direction.
(4) A planning authority shall, when giving notice of a decision in accordance with this section—
(a) publish (if it has not already done so) its determination in relation to any appropriate assessment carried out in relation to the development or proposed development to which the decision applies,
(b) comply (if it has not already done so) with—
(i) subsection (13) of section 219, where the Minister issued a notice under subsection (10) or (11) of that section in relation to the development or proposed development to which the decision applies, or
(ii) paragraph (b) of subsection (8), and subsection (16), of section 221, where the Minister issued a notice under subsection (12), (13), (14) or (15) of that section in relation to the development or proposed development to which the decision applies,
and
(c) comply (if it has not already done so) with subsection (8) of section 236, where an environmental impact assessment was carried out in relation to the development or proposed development to which the decision applies.
(5) A planning authority shall enter particulars of a decision under section 98 in the register.
101. Time limit for decision of planning authority
101. (1) A planning authority shall, before the expiration of—
(a) the relevant period, or
(b) such longer period as the applicant may consent to in accordance with subsection (2),
make a decision under section 98 in relation to an application under section 95.
(2) An applicant for permission for standard development or proposed standard development may, before the expiration of the relevant period, consent in writing to the extension of the period for making a decision under section 98.
(3) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning the relevant period.
(4) Where the planning authority fails to make a decision under section 98 in relation to an application under section 95 within the relevant period (or such longer period as the applicant may consent to in accordance with subsection (2)), it shall notify the applicant thereof as soon as may be—
(a) stating why it has not been possible to make a decision within that period,
(b) identifying the additional period required by the planning authority to make a decision in relation to the application (which shall not exceed 4 weeks, or such longer period as the applicant may consent to in accordance with subsection (2), from the expiration of the relevant period), and
(c) seeking the consent of the applicant to an extension of the period within which the planning authority shall make its decision.
(5) (a) If the applicant notifies the planning authority that he or she consents to an extension of time sought in a notification under subsection (4), the planning authority shall make a decision in relation to the application as soon as may be and before the expiration of the period specified in that notification.
(b) If, within such period as may be prescribed, the applicant notifies the planning authority that he or she does not consent to the extension sought in a notification under subsection (4), the application shall be deemed to be refused, and the applicant may appeal that deemed refusal to the Commission under section 103.
(c) If the applicant fails to notify the planning authority, within the period referred to in paragraph (b), as to whether or not he or she consents to the extension sought in the notification under subsection (4), the applicant shall be deemed to have consented to that extension.
(d) Where an application under section 95 is deemed to have been refused in accordance with paragraph (b), the planning authority shall—
(i) in circumstances where the applicant does not appeal the deemed refusal to the Commission, repay to the applicant all planning fees paid to the planning authority by the applicant in respect of the application, and
(ii) in circumstances where the applicant appeals the deemed refusal to the Commission, repay to the applicant all planning fees paid to the planning authority by the applicant in respect of the application and any fees paid to the Commission by the applicant in respect of the said appeal.
(6) (a) Where the applicant consents to an extension sought in a notification under subsection (4) and the planning authority fails to make a decision in relation to the application within the period specified in that notification, it shall—
(i) repay to the applicant all fees paid to the planning authority by the applicant in respect of the application,
(ii) pay to the applicant the additional sum in not more than 5 instalments, and
(iii) subject to subsection (7), make a decision in relation to the application as soon as may be thereafter.
(b) In this subsection “additional sum” means the lesser of the following:
(i) such sum as is equal to 3 multiplied by the sum of the fees paid to the planning authority by the applicant in respect of the application; or
(ii) €10,000.
(7) (a) Where the applicant consents to an extension sought in a notification under subsection (4) and the planning authority fails to make a decision in relation to the application within the period specified in that notification, the applicant may notify the planning authority in writing that it does not consent to the planning authority’s making of a decision in relation to the application after the expiration of that period.
(b) Where the planning authority receives a notification under paragraph (a)—
(i) the application shall be deemed to have been refused by the planning authority on the date of the notification, and
(ii) the applicant may appeal that deemed refusal to the Commission under section 103.
(c) Where the applicant brings an appeal referred to in subparagraph (ii) of paragraph (b), the planning authority shall repay to the applicant any fees paid by the applicant to the Commission in respect of that appeal.
(8) A planning authority shall include in its annual report in accordance with section 221 of the Act of 2001—
(a) the numbers of planning applications decided within the relevant period,
(b) the number of planning applications not decided within that period,
(c) the number of planning applications deemed refused in accordance with paragraph (b) of subsection (5) or subparagraph (i) of paragraph (b) of subsection (7),
(d) the number of repayments made pursuant to paragraph (d) of subsection (5) and the aggregate value of all such repayments,
(e) the number of payments and repayments made pursuant to subsection (6) and the aggregate value of all such payments and repayments, and
(f) the number of repayments made pursuant to paragraph (c) of subsection (7) and the aggregate value of all such repayments.
(9) The making of a decision by a planning authority under section 98 after the period referred to in subsection (1), shall not invalidate the decision.
(10) The Minister may give a direction to a planning authority requiring the planning authority to give priority to the making of decisions under section 98 in relation to applications for permission of such class or classes as is specified in the direction, if he or she considers that, by reason of the strategic, economic or social importance to the State of the class or classes concerned, it is necessary or expedient that decisions under that section in relation to such applications be made as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development.
(11) In this section “relevant period” means—
(a) in relation to an application under section 95 in respect of which neither an appropriate assessment nor an environmental impact assessment is required under Part 6—
(i) 8 weeks from the date of the application, or
(ii) where the planning authority makes one or more than one request under subsection (2) of section 97, 4 weeks from the earlier of the following dates:
(I) the date by which the request or requests, as the case may be, is or are fully complied with;
(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,
or
(iii) where subsection (3) of section 97 applies, 4 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of the said subsection (3),
or
(b) in relation to an application under section 95 in respect of which an appropriate assessment or an environmental impact assessment is required under Part 6—
(i) 12 weeks from the date by which all submissions are required to have been given to the planning authority in accordance with this Part and Part 6 in relation to the proposed development,
(ii) where the planning authority makes a request or more than one request for further information under subsection (2) of section 97, paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 8 weeks from the earlier of the following dates:
(I) the date by which the request or requests, as the case may be, is or are fully complied with;
(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,
(iii) where subsection (3) of section 97 applies, 8 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of the said subsection (3), or
(iv) where more than one of the foregoing provisions of this paragraph applies, the period specified in those provisions that expires last.
102. Persons eligible to appeal decision of planning authority
102. (1) Subject to subsections (5) and (6), the following persons may, on payment of such fee as may be approved in accordance with section 381, appeal the decision of a planning authority under section 98 to the Commission:
(a) the applicant for the permission the subject of the decision; and
(b) any person (other than a prescribed body referred to in paragraph (a) of subsection (2) or a person referred to in paragraph (b) of that subsection) who made submissions in writing in relation to the planning application in accordance with any provision of this Act or regulations under this Act.
(2) Subject to subsections (3) and (5), the following persons shall be eligible to appeal the decision of a planning authority under section 98 to the Commission:
(a) a prescribed body that was entitled to be given notice of any planning application in accordance with regulations under this Act but was not given such notice; and
(b) in the case of a decision of a planning authority that relates to a development in respect of which an appropriate assessment or an environmental impact assessment was required to be submitted to the planning authority in accordance with Part 6, a company within the meaning of the Companies Act 2014—
(i) formed and registered not later than one year before the bringing of the appeal,
(ii) whose constitution includes objects that relate to the promotion of environmental protection of relevance to the appeal,
(iii) that has pursued those objects for a period of not less than one year before the bringing of the appeal,
(iv) that has not fewer than 10 members at the time of the bringing of the appeal, and
(v) that has passed a resolution, in accordance with the constitution of the company, before the bringing of the appeal authorising the company to bring the appeal.
(3) The Commission shall dismiss an appeal brought by a person who is not eligible to bring an appeal in accordance with subsection (2), and where it dismisses such appeal it shall notify the person in writing of the dismissal.
(4) (a) Subject to subsection (6), a person who has an interest in land adjoining land in respect of which a decision to grant permission has been made may, on payment of the appropriate fee, apply to the Commission for leave to appeal against a decision of the planning authority under section 98.
(b) An application under paragraph (a) shall state—
(i) the name and address of the person making the application, the grounds upon which the application is made, and
(ii) a description of the person’s interest in the land.
This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.
This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence.
Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.