Planning and Development Act, 2000
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Interpretation. |
2.—(1) In this Act, except where the context otherwise requires— | |
“acquisition of land” shall be construed in accordance with section 213 (2), and cognate words shall be construed accordingly; | ||
“the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919 ; | ||
“the Act of 1934” means the Town and Regional Planning Act, 1934 ; | ||
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 ; | ||
“the Act of 1976” means the Local Government (Planning and Development) Act, 1976 ; | ||
“the Act of 1982” means the Local Government (Planning and Development) Act, 1982 ; | ||
“the Act of 1983” means the Local Government (Planning and Development) Act, 1983 ; | ||
“the Act of 1990” means the Local Government (Planning and Development) Act, 1990 ; | ||
“the Act of 1992” means the Local Government (Planning and Development) Act, 1992 ; | ||
“the Act of 1993” means the Local Government (Planning and Development) Act, 1993 ; | ||
“the Act of 1998” means the Local Government (Planning and Development) Act, 1998 ; | ||
“the Act of 1999” means the Local Government (Planning and Development) Act, 1999 ; | ||
“advertisement” means any word, letter, model, balloon, inflatable structure, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction; | ||
“advertisement structure” means any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for exhibiting advertisements or any attachment to a building or structure used for advertising purposes; | ||
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the training of horses and the rearing of bloodstock, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and “agricultural” shall be construed accordingly; | ||
“alteration” includes— | ||
(a) plastering or painting or the removal of plaster or stucco, or | ||
(b) the replacement of a door, window or roof, | ||
that materially alters the external appearance of a structure so as to render the appearance inconsistent with the character of the structure or neighbouring structures; | ||
“appeal” means an appeal to the Board; | ||
“architectural conservation area” shall be construed in accordance with section 81 (1); | ||
“area of special planning control” shall be construed in accordance with section 85 (8); | ||
“attendant grounds”, in relation to a structure, includes land lying outside the curtilage of the structure; | ||
“the Birds Directive” means Council Directive No. 79/409/EEC of 2 April 1979(1) on the conservation of wild birds; | ||
“Board” means An Board Pleanála; | ||
“chairperson” means the chairperson of the Board, | ||
“Commissioners” means the Commissioners of Public Works in Ireland; | ||
“company”, except in section 149 (5), means a company within the meaning of section 2 of the Companies Act, 1963 , or a company incorporated outside the State; | ||
“Council Directive” means Council Directive No. 85/337/EEC of 27 June 1985(1) on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive No. 97/11/EC of 3 March 1997(2) and any directive amending or replacing those directives; | ||
“dangerous substance” has the meaning assigned to it by the Major Accidents Directive; | ||
“deputy chairperson” means the deputy chairperson of the Board; | ||
“development” has the meaning assigned to it by section 3 , and “develop” shall be construed accordingly; | ||
“development plan” means a development plan under section 9 (1); | ||
“endangered” means exposed to harm, decay or damage, whether immediately or over a period of time, through neglect or through direct or indirect means; | ||
“enforcement notice” means an enforcement notice under section 154 ; | ||
“environmental impact statement” means a statement of the effects, if any, which proposed development, if carried out, would have on the environment; | ||
“European site” means— | ||
(a) a site— | ||
(i) notified for the purposes of Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ), subject to any amendments made to it by virtue of Regulation 5 of those regulations, or | ||
(ii) transmitted to the Commission in accordance with Regulation 5(4) of the said regulations, or | ||
(iii) added by virtue of Regulation 6 of the said regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, | ||
but only until the adoption in respect of the site of a decision by the Commission under Article 21 of the Habitats Directive for the purposes of the third paragraph of Article 4(2) of that Directive, | ||
(b) a site adopted by the Commission as a site of Community importance for the purposes of Article 4(2) of the Habitats Directive in accordance with the procedure laid down in Article 21 of that Directive, | ||
(c) a special area of conservation within the meaning of the European Communities (Natural Habitats) Regulations, 1997, | ||
(d) an area classified pursuant to paragraph (1) or (2) of Article 4 of the Birds Directive; | ||
“exempted development” has the meaning specified in section 4 ; | ||
“exhibit”, in relation to an advertisement, includes affix, inscribe, print, paint, illuminate and otherwise delineate; | ||
“existing establishment” has the meaning that it has in the Major Accidents Directive; | ||
“fence” includes a hoarding or similar structure but excludes any bank, wall or other similar structure composed wholly or mainly of earth or stone; | ||
“functional area” means, in relation to a planning authority— | ||
(a) in the case of the council of a county, its administrative county, excluding any borough or urban district, | ||
(b) in the case of any other planning authority, its administrative area; | ||
“functions” includes powers and duties; | ||
“Gaeltacht” means the Gaeltacht within the meaning of the Ministers and Secretaries (Amendment) Act, 1956 ; | ||
“habitable house” means a house which— | ||
(a) is used as a dwelling, | ||
(b) is not in use but when last used was used, disregarding any unauthorised use, as a dwelling and is not derelict, or | ||
(c) was provided for use as a dwelling but has not been occupied; | ||
“Habitats Directive” means Council Directive No. 92/43/EEC of 21 May 1992(1) on the conservation of natural habitats and of wild fauna and flora; | ||
“house” means a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building; | ||
“integrated pollution control licence” means a licence under Part IV of the Environmental Protection Agency Act, 1992 ; | ||
“land” includes any structure and any land covered with water (whether inland or coastal); | ||
“local area plan” means a local area plan under section 18 ; | ||
“local authority” means a local authority for the purposes of the Local Government Act, 1941 ; | ||
“major accident” has the meaning assigned to it by the Major Accidents Directive; | ||
“Major Accidents Directive” means Council Directive 96/82/EC of 9 December 1996(2) on the control of major accident hazards involving dangerous substances; | ||
“manager” means— | ||
(a) with respect to the corporation of a county borough, the manager for the purpose of the Acts relating to the management of the county borough, and | ||
(b) with respect to the council of a county, the corporation of a borough or an urban district council, the manager for the purposes of the County Management Acts, 1940 to 1994; | ||
“Minister” means the Minister for the Environment and Local Government; | ||
“new establishment” has the meaning that it has in the Major Accidents Directive; | ||
“occupier”, in relation to a protected structure or a proposed protected structure, means— | ||
(a) any person in or entitled to immediate use or enjoyment of the structure, | ||
(b) any person entitled to occupy the structure, and | ||
(c) any other person having, for the time being, control of the structure; | ||
“ordinary member” means a member of the Board other than the chairperson; | ||
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let; | ||
“party to an appeal or referral” means the planning authority and any of the following persons, as appropriate— | ||
(a) the appellant, | ||
(b) the applicant for any permission in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant), | ||
(c) in the case of a referral under section 5 , the person making the referral, and any other person notified under subsection (2) of that section, | ||
(d) in the case of a referral under section 34 (5), the applicant for the permission which was granted, | ||
(e) in the case of a referral under section 37 (5), the person who made the application for permission which was returned by the planning authority, | ||
(f) any person served or issued by a planning authority with a notice or order, or copy thereof, under sections 44 , 45 , 46 , 88 and 207 , | ||
(g) in the case of a referral under section 96 (5), a prospective party to an agreement under section 96 (2), | ||
(h) in the case of an appeal under section 169 , the development agency, | ||
(i) in the case of a referral under section 193 , the person by whom the application for permission for erection of the new structure was made, | ||
(j) the applicant for a licence under section 254 in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant), | ||
and “party” shall be construed accordingly; | ||
“permission regulations” means regulations under section 33 , 172 (2) or 174 ; | ||
“planning application” means an application to a planning authority in accordance with permission regulations for permission for the development of land required by those regulations; | ||
“planning authority” means— | ||
(a) in the case of a county, exclusive of any borough or urban district therein, the council of the county, | ||
(b) in the case of a county or other borough, the corporation of the borough, and | ||
(c) in the case of an urban district, the council of the urban district, | ||
and references to the area of the planning authority shall be construed accordingly and shall include the functional area of the authority; | ||
“prescribed” means prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly; | ||
“proposed protected structure” means a structure in respect of which a notice is issued under section 12 (3) or under section 55 proposing to add the structure, or a specified part of it, to a record of protected structures, and, where that notice so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition; | ||
“protected structure” means— | ||
(a) a structure, or | ||
(b) a specified part of a structure, | ||
which is included in a record of protected structures, and, where that record so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition; | ||
“protection”, in relation to a structure or part of a structure, includes conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part; | ||
“public place” means any street, road, seashore or other place to which the public have access whether as of right or by permission and whether subject to or free of charge; | ||
“public road” has the same meaning as in the Roads Act, 1993 ; | ||
“record of protected structures” means the record included under section 51 in a development plan; | ||
“referral” means a referral to the Board under section 5 , 34 (5), 37 (5), 96 (5) or 193 (2); | ||
“regional authority” means a body established in accordance with section 43 of the Local Government Act, 1991 ; | ||
“regional planning guidelines” means regional planning guidelines made under Chapter III of Part II; | ||
“register” means the register kept under section 7 ; | ||
“registering authority” means a registering authority within the meaning of the Registration of Title Act, 1964 ; | ||
“reserved function” means— | ||
(a) with respect to the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1994, a reserved function for the purposes of those Acts, and | ||
(b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough; | ||
“risk” has the meaning assigned to it by the Major Accidents Directive; | ||
“road” has the same meaning as in the Roads Act, 1993 ; | ||
“seashore” has the same meaning as in the Foreshore Act, 1933 ; | ||
“shares” includes stock and “share capital” shall be construed accordingly; | ||
“special amenity area order” means an order confirmed under section 203 ; | ||
“State authority” means— | ||
(a) a Minister of the Government, or | ||
(b) the Commissioners; | ||
“statutory undertaker” means a person, for the time being, authorised by or under any enactment or instrument under an enactment to— | ||
(a) construct or operate a railway, canal, inland navigation, dock, harbour or airport, | ||
(b) provide, or carry out works for the provision of, gas, electricity or telecommunications services, or | ||
(c) provide services connected with, or carry out works for the purposes of the carrying on of the activities of, any public undertaking; | ||
“structure” means any building, structure, excavation, or other thing constructed or made on, in or under any land, or any part of a structure so defined, and— | ||
(a) where the context so admits, includes the land on, in or under which the structure is situate, and | ||
(b) in relation to a protected structure or proposed protected structure, includes— | ||
(i) the interior of the structure, | ||
(ii) the land lying within the curtilage of the structure, | ||
(iii) any other structures lying within that curtilage and their interiors, and | ||
(iv) all fixtures and features which form part of the interior or exterior of any structure or structures referred to in subparagraph (i) or (iii); | ||
“substratum of land” means any subsoil or anything beneath the surface of land required— | ||
(a) for the purposes of a tunnel or tunnelling or anything connected therewith, or | ||
(b) for any other purpose connected with a scheme within the meaning of the Roads Act, 1993 ; | ||
“Transboundary Convention” means the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland), on 25 February, 1991; | ||
“traveller” means a traveller within the meaning of section 2 of the Housing (Traveller Accommodation) Act, 1998 ; | ||
“unauthorised development” means, in relation to land, the carrying out of any unauthorised works (including the construction, erection or making of any unauthorised structure) or the making of any unauthorised use; | ||
“unauthorised structure” means a structure other than— | ||
(a) a structure which was in existence on 1 October 1964, or | ||
(b) a structure, the construction, erection or making of which was the subject of a permission for development granted under Part IV of the Act of 1963 or deemed to be such under section 92 of that Act or under section 34 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out of exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act); | ||
“unauthorised use” means, in relation to land, use commenced on or after 1 October 1964, being a use which is a material change in use of any structure or other land and being development other than— | ||
(a) exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act), or | ||
(b) development which is the subject of a permission granted under Part IV of the Act of 1963 or under section 34 of this Act, being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject; | ||
“unauthorised works” means any works on, in, over or under land commenced on or after 1 October 1964, being development other than— | ||
(a) exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act), or | ||
(b) development which is the subject of a permission granted under Part IV of the Act of 1963 or under section 34 of this Act, being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject; | ||
“use”, in relation to land, does not include the use of the land by the carrying out of any works thereon; | ||
“warning letter” means a notification in writing under section 152 (1); | ||
“waste licence” means a waste licence under Part V of the Waste Management Act, 1996 ; | ||
“works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal and, in relation to a protected structure or proposed protected structure, includes any act or operation involving the application or removal of plaster, paint, wallpaper, tiles or other material to or from the surfaces of the interior or exterior of a structure. | ||
(2) In this Act— | ||
(a) a reference to a section, Schedule, Chapter or Part is to a section, Schedule, Chapter or Part of this Act, unless it is indicated that reference to some other enactment is intended, and | ||
(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. | ||
(3) In this Act, a reference to the carrying out of development on behalf of a State authority shall, where that authority is a Minister of the Government, be construed as including a reference to the carrying out of development by the Commissioners on behalf of the Minister. | ||
(4) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision. | ||
(5) A reference in this Act to performance of functions includes a reference to the exercise of powers and the performance of duties. | ||
(6) A reference in this Act to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act. | ||
(7) The doing of anything that is required under this Act to be done by resolution shall be a reserved function. | ||
(1) O.J. No. L 103/1, 25.4.1979 (1) O.J. No. L 175/40, 5.7.1985 (2) O.J. No. L 73/5, 14.3.1997 |