Planning and Development Act, 2000
|
Local authority development on foreshore. |
226.—(1) Where development is proposed to be carried out wholly or partly on the foreshore— | |
(a) by a local authority that is a planning authority, whether in its capacity as a planning authority or otherwise, or | ||
(b) by some other person on behalf of, or jointly or in partnership with, a local authority that is a planning authority, pursuant to an agreement entered into by that local authority whether in its capacity as a planning authority or otherwise, | ||
(hereafter in this section referred to as “proposed development”), the local authority concerned shall apply to the Board for approval of the proposed development. | ||
(2) The Board may approve, approve subject to conditions, or refuse to approve a proposed development. | ||
(3) Section 175 shall apply to proposed development belonging to a class of development, identified for the purposes of section 176 , subject to— | ||
(a) the modification that the local authority concerned shall not be required to apply for approval under subsection (3) of the said section 175 in respect of the proposed development, | ||
(b) the modification that the reference in subsection (4) to approval under subsection (3) shall be construed as a reference to approval under subsection (1) of this section, | ||
(c) any modifications consequential upon paragraph (a), and | ||
(d) any other necessary modifications. | ||
(4) Subsections (4), (5), (6), (7), (9), (10), (11)(a), (11)(b)(ii), (11)(b)(iii), (12), (13) and (14) of section 175 shall apply to a proposed development other than one referred to in subsection (3), subject to— | ||
(a) the modification that the reference in subsection (4) of the said section 175 to approval under subsection (3) shall be construed as a reference to approval under subsection (1) of this section, | ||
(b) the modification that— | ||
(i) references in subsections (4) and (5) of the said section 175 to environmental impact statement shall be construed as references to such documents, particulars, plans or other information relating to the proposed development as may be prescribed, | ||
(ii) references to likely effects on the environment shall be disregarded, and | ||
(iii) the reference in subsection (11)(a) of the said section 175 to applications for approval under this section shall be construed as references to applications for approval under subsection (1) of this section, and | ||
(c) any other necessary modifications. | ||
(5) Sections 32 and 179 shall not apply to a proposed development. | ||
(6) This section shall apply to proposed development that— | ||
(a) if carried out wholly within the functional area of a local authority that is a planning authority, would be subject to the provisions of section 175 , or | ||
(b) is prescribed for the purposes of this section. |