Planning and Development Act 2024
|
SCHEDULE 4 Reasons for Refusal of Permission that Excludes Compensation | ||
Sections 434 and 456 | ||
|
PART 1 Land | ||
1. Development of the kind proposed on the land would be premature by reference to any one or combination of the following constraints and the period within which the constraints involved may reasonably be expected to cease— | ||
(a) an existing deficiency in the provision of water supplies or sewerage facilities, | ||
(b) the capacity of existing or prospective water supplies or sewerage facilities being required for prospective development as regards which a grant of a permission under Part 4 or Part III of the Act of 2000, or a notice under section 13 of the Act of 1990, section 192 of the Act of 2000 or section 437 exists, | ||
(c) the capacity of existing or prospective water supplies or sewerage facilities being required for the prospective development of another part of the functional area of the planning authority, as indicated in the development plan, | ||
(d) the capacity of existing or prospective water supplies or sewerage facilities being required for any other prospective development or for any development objective, as indicated in the development plan, | ||
(e) any existing deficiency in the road network serving the area of the proposed development, including considerations of capacity, width, alignment, or the surface or structural condition of the pavement, which would render that network, or any part of it, unsuitable to carry the increased road traffic likely to result from the development, | ||
(f) any prospective deficiency (including the considerations specified in clause (e)) in the road network serving the area of the proposed development which— | ||
(i) would arise because of the increased road traffic likely to result from that development and from prospective development as regards which a grant of permission under Part 4 or Part III of the Act of 2000, or a notice under section 13 of the Act of 1990, section 192 of the Act of 2000 or section 437 exists, or | ||
(ii) would arise because of the increased road traffic likely to result from that development and from any other prospective development or from any development objective, as indicated in the development plan, | ||
and would render that road network, or any part of it, unsuitable to carry the increased road traffic likely to result from the proposed development, or | ||
(g) any existing or prospective deficiency in any infrastructure capacity which would be required to facilitate the proposed development. | ||
2. Development of the kind proposed would be premature pending the determination by the planning authority or the road authority of any transportation or road layout for the area or any part thereof. | ||
3. Development of the kind proposed would be premature by reference to the order of priority or phasing, if any, for development indicated in the development plan, urban area plan, priority area plan or coordinated area plan or pending the adoption of a development plan, urban area plan, priority area plan or coordinated area plan or any other plan which has been identified in the development plan, urban area plan, priority area plan or coordinated area plan. | ||
4. The proposed development would endanger public safety by reason of traffic hazard or obstruction to road users, including to pedestrians and cyclists. | ||
5. The proposed development— | ||
(a) could, due to the risk of a major accident or if a major accident were to occur, lead to serious danger to human health or the environment, or | ||
(b) is in an area where it is necessary to limit the risk of there being any serious danger to human health or the environment. | ||
6. The proposed development is in an area which is at risk of flooding based on a flood risk assessment. | ||
7. The proposed development, by itself or by the precedent which the grant of permission for it would set for other relevant development, would result in a traffic pattern which may adversely affect the use of a national road or other major road. | ||
8. The proposed development would detrimentally interfere with the character of the landscape or with a view or prospect of special amenity value or natural interest or beauty, the preservation of which is an objective of a development plan, urban area plan, priority area plan or coordinated area plan for the area in which the development is proposed. | ||
9. The proposed development may cause significant pollution, including air, water or noise pollution or vibrations or any pollution connected with the disposal of waste or otherwise create a material risk to waters, the atmosphere, land, soil, biodiversity or human health. | ||
10. The proposed development may result in emissions or other adverse effects which are inconsistent with— | ||
(a) the approved climate action plan at the time of decision, | ||
(b) the approved national long-term climate action strategy at the time of decision, | ||
(c) the approved national adaptation framework and approved sectoral adaptation plans at the time of decision, | ||
(d) the furtherance of the national climate objective, and | ||
(e) the objective of mitigating greenhouse gas emissions and adapting to the effects of climate change in the State. | ||
11. In the case of development including any structure or any addition to or extension of a structure, the structure, addition or extension would— | ||
(a) be under a public road, | ||
(b) seriously injure the residential amenities of property in the vicinity, | ||
(c) tend to create any serious traffic congestion, | ||
(d) endanger or interfere with the safety of aircraft or the safe and efficient navigation thereof, | ||
(e) endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or | ||
(f) be prejudicial to public health. | ||
12. The development would contravene materially a condition attached to an existing permission for development. | ||
13. The proposed development would injure or interfere with— | ||
(a) any monument or place recorded in the record of monuments and places under section 12 of the National Monuments (Amendment) Act 1994 , | ||
(b) any monument to which general protection (within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 ) applies, or | ||
(c) any monument to which special protection (within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 ) applies. | ||
14. The proposed development would adversely affect an architectural conservation area, an area of special planning control, a protected structure or a proposed protected structure. | ||
15. The proposed development would adversely affect the linguistic or cultural heritage of the Gaeltacht. | ||
16. The proposed development would materially contravene an objective indicated in an urban area plan, priority area plan or coordinated area plan for the area. | ||
17. The proposed development would be contrary to the National Planning Framework or a National Planning Statement. | ||
18. The proposed development would adversely affect an area that, immediately before the repeal of section 204 of the Act of 2000 by section 6 , stood designated as a landscape conservation area under the said section 204. | ||
19. In accordance with section 173 , the planning authority considers that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with any permission or any condition to which such a permission would be subject. | ||
20. The proposed development— | ||
(a) would contravene materially a development objective indicated in the development plan for the conservation and preservation of a European site insofar as the proposed development would adversely affect— | ||
(i) one or more specific— | ||
(I) natural habitat types in Annex I of the Habitats Directive, or | ||
(II) species in Annex II of the Habitats Directive which the site hosts, | ||
which have been selected by the relevant Minister in accordance with Annex III (Stage 1) of that Directive, or | ||
(ii) species of bird or their habitat or other habitat specified in Article 4 of the Birds Directive, which formed the basis of the classification of that site, | ||
or | ||
(b) would have a significant adverse effect on any other areas referred to in subsection (2) of section 50 . | ||
21. The development would contravene materially a development objective indicated in the development plan, including any objective for the carrying out of any specific project indicated in the development plan. | ||
22. The proposed development would not be consistent with a planning scheme in force in respect of a strategic development zone. | ||
23. The proposed development would not be consistent with a development scheme in force in respect of an urban development zone. | ||
24. The proposed development would not be consistent with the transport strategy of the National Transport Authority. | ||
25. (1) The proposed development is by an applicant associated with a previous development (whether or not such previous development was within the functional area of the planning authority to which the proposed development relates)— | ||
(a) which, in the opinion of the planning authority in whose functional area the previous development is situated, has not been satisfactorily completed in the ordinary course of development, or | ||
(b) where the estate to which the previous development relates has not been taken in charge by the local authority concerned because the estate has not been completed to the satisfaction of that authority. | ||
(2) In this paragraph “associated”, in relation to a previous development, means a development under the Act of 2000 to which section 180 of that Act relates, or under this Act to which section 261 , 262 or 264 relates, and in respect of which the development has not been satisfactorily completed or taken in charge by the local authority concerned or Uisce Éireann due to the actions (whether of commission or omission) of— | ||
(a) the applicant for the proposed development, | ||
(b) a partnership of which the applicant is or was a member and which, during the membership of that applicant, carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act, | ||
(c) a registered society under the Industrial and Provident Societies Acts 1893 to 2021 that— | ||
(i) carried out a development pursuant to a previous permission, | ||
(ii) carried out a substantial unauthorised development, or | ||
(iii) has been convicted of an offence under the Act of 2000 or this Act, | ||
or, during any period to which subclause (i) or (ii) relates or to which any conviction under subclause (iii) relates, the registered society was, during that period, controlled by the applicant— | ||
(I) where, pursuant to section 15 of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014 , “control” has the same meaning as in subsection (5) of section 220 of the Companies Act 2014 , or | ||
(II) as a shadow director within the meaning of subsection (1) of section 2 of the Companies Act 2014 , | ||
(d) where the applicant for the proposed development is a company— | ||
(i) the company concerned is related to a company (within the meaning of subsection (10) of section 2 of the Companies Act 2014 ) which carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act, or | ||
(ii) the company concerned is under the same control as a company that carried out a development referred to in subparagraph (1) where “control” has the same meaning as in subsection (5) of section 220 of the Companies Act 2014 , | ||
or | ||
(e) a company that carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act, which company is controlled by the applicant— | ||
(i) where “control” has the same meaning as in subsection (5) of section 220 of the Companies Act 2014 , or | ||
(ii) as a shadow director within the meaning of subsection (1) of section 2 of the Companies Act 2014 . | ||
26. The proposed development would cause a serious aircraft noise problem at Dublin Airport including, as appropriate, the area around Dublin Airport significantly affected by aircraft noise. | ||
27. The proposed development would not be consistent with the objectives of a river basin management plan made under regulation 13 of the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ). | ||
28. The development would contravene materially a development objective indicated in the development plan for the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space or otherwise or a mixture of such uses). | ||
29. The proposed development would be contrary to any direction (including a draft direction) that has been issued by the Minister. | ||
30. In this Part— | ||
“flood risk assessment” means an assessment of the likelihood of flooding, the potential consequences arising and measures (if any) necessary to manage those consequences; | ||
“national road” and “road authority” have the meanings respectively assigned to them by the Roads Act 1993 . | ||
|
PART 2 Maritime Area | ||
31. Development of the kind proposed would be premature by reference to the order of priority or phasing, if any, for development indicated in the maritime spatial plan or designated maritime area plan or pending the adoption of a maritime spatial plan, designated maritime area plan or any other plan which has been identified in the maritime spatial plan or designated maritime area plan. | ||
32. The proposed development would interfere with public navigation. | ||
33. The proposed development— | ||
(a) could, due to the risk of a major accident or if a major accident were to occur, lead to serious danger to human health or the environment, or | ||
(b) is in an area where it is necessary to limit the risk of there being any serious danger to human health or the environment. | ||
34. The proposed development would detrimentally interfere with the character of the landscape or with a view or prospect of special amenity value or natural interest or beauty, the preservation of which is an objective of a development plan, urban area plan, priority area plan, coordinated area plan, maritime spatial plan or designated maritime area plan for the area in which the development is proposed. | ||
35. The proposed development may cause significant pollution, including air, water or noise pollution or vibrations or any pollution connected with the disposal of waste or otherwise create a material risk to waters, the atmosphere, land, soil, biodiversity or human health. | ||
36. The proposed development may result in emissions or other adverse effects which are inconsistent with— | ||
(a) the approved climate action plan at the time of decision, | ||
(b) the approved national long-term climate action strategy at the time of decision, | ||
(c) the approved national adaptation framework and approved sectoral adaptation plans at the time of decision, | ||
(d) the furtherance of the national climate objective, and | ||
(e) the objective of mitigating greenhouse gas emissions and adapting to the effects of climate change in the State. | ||
37. In the case of development including any structure or any addition to or extension of a structure, the structure, addition or extension would— | ||
(a) endanger or interfere with the safety of aircraft or sea vessels or the safe and efficient navigation thereof, or | ||
(b) be prejudicial to public health. | ||
38. The development would contravene materially a condition attached to an existing permission for development. | ||
39. The proposed development would injure or interfere with— | ||
(a) any monument or place recorded in the record of monuments and places under section 12 of the National Monuments (Amendment) Act 1994 , | ||
(b) any monument to which general protection (within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 ) applies, or | ||
(c) any monument to which special protection (within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 ) applies. | ||
40. The proposed development would materially contravene an objective indicated in a designated maritime area plan. | ||
41. The proposed development would be contrary to the National Planning Framework, National Marine Planning Framework or a National Planning Statement. | ||
42. In accordance with section 173 , the planning authority or the Maritime Area Regulatory Authority considers that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with any permission or any condition to which such a permission would be subject. | ||
43. The proposed development— | ||
(a) would contravene materially a development objective indicated in the development plan or maritime spatial plan for the conservation and preservation of a European site in so far as the proposed development would adversely affect— | ||
(i) one or more specific— | ||
(I) natural habitat types in Annex I of the Habitats Directive, or | ||
(II) species in Annex II of the Habitats Directive which the site hosts, | ||
which have been selected by the relevant Minister in accordance with Annex III (Stage 1) of that Directive, or | ||
(ii) species of bird or their habitat or other habitat specified in Article 4 of the Birds Directive, which formed the basis of the classification of that site, | ||
or | ||
(b) would have a significant adverse effect on any other areas referred to in subsection (2) of section 50 or in a maritime spatial plan. | ||
44. The development would contravene materially a development objective indicated in the maritime spatial plan concerned, including any objective for the carrying out of any specific project indicated in the maritime spatial plan. | ||
45. (1) The proposed development is by an applicant associated with a previous development (whether or not such previous development was within the functional area of the planning authority to which the proposed development relates)— | ||
(a) which, in the opinion of the planning authority in whose functional area the previous development is situated, has not been satisfactorily completed in the ordinary course of development, or | ||
(b) where the estate to which the previous development relates has not been taken in charge by the local authority concerned because the estate has not been completed to the satisfaction of that authority. | ||
(2) In this paragraph “associated”, in relation to a previous development, means a development under the Act of 2000 to which section 180 of that Act relates, or under this Act to which section 261 , 262 or 264 relates, and in respect of which the development has not been satisfactorily completed or taken in charge by the local authority concerned or Uisce Éireann due to the actions (whether of commission or omission) of— | ||
(a) the applicant for the proposed development, | ||
(b) a partnership of which the applicant is or was a member and which, during the membership of that applicant, carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act, | ||
(c) a registered society under the Industrial and Provident Societies Acts 1893 to 2021 that— | ||
(i) carried out a development pursuant to a previous permission, | ||
(ii) carried out a substantial unauthorised development, or | ||
(iii) has been convicted of an offence under the Act of 2000 or this Act, or, during any period to which subclause (i) or (ii) relates or to which any conviction under subclause (iii) relates, the registered society was, during that period, controlled by the applicant— | ||
(I) where, pursuant to section 15 of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014 , “control” has the same meaning as in subsection (5) of section 220 of the Companies Act 2014 , or | ||
(II) as a shadow director within the meaning of subsection (1) of section 2 of the Companies Act 2014 , | ||
(d) where the applicant for the proposed development is a company— | ||
(i) the company concerned is related to a company (within the meaning of subsection (10) of section 2 of the Companies Act 2014 ) which carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act, or | ||
(ii) the company concerned is under the same control as a company that carried out a development referred to in subparagraph (1) where “control” has the same meaning as in subsection (5) of section 220 of the Companies Act 2014 , | ||
or | ||
(e) a company that carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act, which company is controlled by the applicant— | ||
(i) where “control” has the same meaning as in subsection (5) of section 220 of the Companies Act 2014 , or | ||
(ii) as a shadow director within the meaning of subsection (1) of section 2 of the Companies Act 2014 . | ||
46. The proposed development would not be consistent with the objectives of a river basin management plan made under regulation 13 of the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ). | ||
47. The development would contravene materially a maritime usage indicated in the maritime spatial plan concerned. |