Planning and Development Act 2024

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Definitions

2. In this Act—

“abstraction” has the meaning assigned to it by the Water Environment (Abstractions and Associated Impoundments) Act 2022 ;

“abstraction licence” means a licence under Part 5 of the Water Environment (Abstractions and Associated Impoundments) Act 2022 ;

“acquisition of a maritime site” has the meaning assigned to it by section 422 ;

“acquisition of land” has the meaning assigned to it by section 409 and includes, in sections 264 , 591 and 622 , and paragraph (a) of the definition of “public infrastructure and facilities” in subsection (1) of section 584 , an acquisition of a maritime site (and, accordingly, references to “land” in sections 264 , 591 and 622 , and that paragraph (a), shall include references to “maritime site”);

“Act of 1933” means the Foreshore Act 1933 ;

“Act of 1963” means the Local Government (Planning and Development) Act 1963 ;

“Act of 1972” means the European Communities Act 1972 ;

“Act of 1990” means the Local Government (Planning and Development) Act 1990 ;

“Act of 2000” means the Planning and Development Act 2000 ;

“Act of 2001” means the Local Government Act 2001 ;

“Act of 2021” means the Maritime Area Planning Act 2021 ;

“advertisement” means—

(a) any word or letter,

(b) any balloon, inflatable structure or kite, or

(c) any model, poster, notice, device or representation,

employed for the purpose of advertising, the making of an announcement or the giving of direction;

“advertisement structure” means—

(a) any structure that is—

(i) a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not), and

(ii) used or intended for use for exhibiting advertisements,

or

(b) any attachment to a building or structure used for advertising purposes;

“agriculture” includes—

(a) horticulture,

(b) fruit growing,

(c) seed growing,

(d) dairy farming,

(e) 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),

(f) the training of horses,

(g) the rearing of bloodstock, and

(h) the use of land—

(i) as grazing land, meadow land or osier land,

(ii) for market gardening, or

(iii) as nursery grounds;

“alteration” includes, in relation to a structure—

(a) plastering or painting,

(b) the removal of plaster or stucco, and

(c) 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;

“appropriate assessment” means—

(a) in relation to a plan, an assessment carried out in accordance with section 205 , and

(b) in relation to development or proposed development, an assessment carried out in accordance with section 217 ;

“approved housing body” has the meaning assigned to it by the Housing (Regulation of Approved Housing Bodies) Act 2019 ;

“approved local newspaper” means, in relation to the functional area of a planning authority—

(a) a publication (other than an online publication or online version of a publication) that—

(i) circulates in the functional area of the planning authority, and

(ii) is approved in a prescribed manner by the planning authority for the purposes of this Act,

or

(b) an online publication, or online version of a publication, approved in a prescribed manner by the planning authority for the purposes of this Act;

“architectural conservation area” means—

(a) a place, area, group of structures or townscape to which an objective referred to in section 331 applies, or

(b) an architectural conservation area (within the meaning of the Act of 2000) to which an objective in a development plan under the Act of 2000, that continues in force by virtue of section 68 , applies;

“area of special planning control” means—

(a) an architectural conservation area, or

(b) a part of an architectural conservation area,

to which a special planning control scheme applies;

“attendant grounds” includes, in relation to a structure, land outside the curtilage of the structure;

“Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009¹ on the conservation of wild birds;

“chief executive” means, subject to section 633 , in relation to a local authority (including a local authority when performing the functions of a planning authority), the chief executive appointed under Chapter 2 of Part 14 (inserted by section 54 of the Local Government Reform Act 2014 ) of the Act of 2001;

“Chief Planning Commissioner” means the Chief Planning Commissioner of the Commission appointed under section 506 or 509 ;

“city” means—

(a) the administrative area of a city council (within the meaning of the Act of 2001), or

(b) a municipal district that includes an area that, by virtue of subsection (6) of section 10 of the Local Government Act 2001 , may continue to be described as a city;

“climate change adaptation and mitigation” means the taking of measures to mitigate and manage the impact of climate change;

“coastal planning authority” has the meaning assigned to it by the Act of 2021;

“Commission” means An Coimisiún Pleanála;

“Commissioners” means the Commissioners of Public Works in Ireland;

“company” has the meaning assigned to it by the Companies Act 2014 ;

“coordinated area plan” has the meaning assigned to it by section 73 ;

“cost rental housing” means housing comprising cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021 ;

“Deputy Chief Planning Commissioner” means—

(a) the person who, by virtue of subsection (5) of section 495 , continues in office for the time being as Deputy Chief Planning Commissioner of the Commission on and after the commencement of section 495 , or

(b) the Deputy Chief Planning Commissioner of the Commission appointed under section 506 or 509 ,

as the case may be;

“development” means—

(a) the carrying out of works—

(i) on, in, over or under land, or

(ii) on, in, over or under the maritime area,

or

(b) the making of a material change in the use of—

(i) land or any structure on land, or

(ii) the sea, seabed or any structure, in the maritime area,

and includes the reclamation of land in the nearshore area;

“development plan” shall be construed in accordance with Chapter 5 of Part 3 ;

“development scheme” means a development scheme made or deemed to have been made under section 609 ;

“electronic form” means information that is generated, communicated, processed, sent, received, recorded, stored or displayed—

(a) by electronic means (including electrical, digital, magnetic, optical electro magnetic, biometric and photonic means), or

(b) by means of any other related technology,

and is capable of being used to make a legible copy or reproduction of that information, but does not include information communicated in the form of speech;

“enactment” means—

(a) an Act of the Oireachtas (or any provision thereof) for the time being in force,

(b) a statute (or any provision thereof) that continues to have full force and effect by virtue of Article 50 of the Constitution, or

(c) an order, regulation, rule or bye-law (or any provision thereof)—

(i) for the time being in force, and

(ii) made under an Act of the Oireachtas or any such statute;

“environmental impact assessment” means an assessment carried out in accordance with section 236 ;

“Environmental Impact Assessment Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011² on the assessment of the effects of certain public and private projects on the environment;

“environmental impact assessment report” means an environmental impact assessment report prepared and submitted under section 234 ;

“environmental report” means an environmental report prepared in accordance with Article 5 of the Strategic Environmental Assessment Directive;

“European site” means—

(a) a site that has been included in the list of sites of Community importance, as adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive,

(b) a site—

(i) in respect of which the Minister has given notice under regulations under the Act of 1972 of its possible eligibility for identification as a site of Community importance pursuant to paragraph 1 of Article 4 of the Habitats Directive, and

(ii) that has not yet been adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive,

(c) a site that has been—

(i) included in a list transmitted to the European Commission in accordance with paragraph 1 of Article 4 of the Habitats Directive, or

(ii) added to that list in accordance with Article 5 of the Habitats Directive,

but that has not yet been adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive,

(d) a site that is subject to a consultation procedure in accordance with paragraph 1 of Article 5 of the Habitats Directive,

(e) a site in relation to which a Council decision is pending in accordance with paragraph 3 of Article 5 of the Habitats Directive,

(f) a site that has been designated by the Minister as a special area of conservation for the purposes of paragraph 4 of Article 4 of the Habitats Directive,

(g) an area classified by the Minister for the purposes of paragraph 1 or 2 of Article 4 of the Birds Directive as a special protection area, or

(h) an area in respect of which the Minister has given notice pursuant to regulations under the Act of 1972 of his or her opinion that the site may be eligible for classification as a special protection area pursuant to Article 4 of the Birds Directive where there has been no public notification of the making of a decision by that Minister to classify or not to classify that area as a special protection area;

“European Union” has the meaning assigned to it by the Act of 1972;

“exempted development” means—

(a) development of a class prescribed under section 9 , or

(b) development that is exempted development by virtue of section 152 ;

“exhibit” includes, in relation to an advertisement—

(a) affix,

(b) inscribe,

(c) print,

(d) paint,

(e) illuminate, and

(f) otherwise delineate;

“fence” includes a hoarding or similar structure but does not include a bank, wall or other similar structure composed wholly or mainly of earth or stone;

“foreshore” has the meaning assigned to it by the Act of 1933;

“functional area” means (except in Part 3 )—

(a) in relation to a planning authority (other than a coastal planning authority), its administrative area for the purposes of the Act of 2001, and

(b) in relation to a planning authority that is a coastal planning authority, its administrative area for the purposes of the Act of 2001 and its nearshore area;

“Gaeltacht” means—

(a) a Gaeltacht area within the meaning of the Gaeltacht Act 2012 , or

(b) a Gaeltacht Language Planning Area within such meaning;

“Governing Board” has the meaning assigned to it by section 497 ;

“habitable house” means—

(a) a house that is used as a dwelling,

(b) a house (other than a house that is, or forms part of, a derelict site within the meaning of the Derelict Sites Act 1990 ) that is not in use but was most recently used (disregarding any unauthorised use) as a dwelling, or

(c) a house that was provided for use as a dwelling but has not been occupied as a dwelling;

“Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992³ on the conservation of natural habitats and of wild fauna and flora;

“house” means a building or part of a building that—

(a) is, or was most recently, occupied as a dwelling,

(b) was most recently provided for use as a dwelling but has not been occupied as a dwelling, or

(c) in the case of a building or part of a building containing more than one apartment, flat or other dwelling, each such apartment, flat or dwelling;

“housing development strategy” means a strategy prepared under section 46 or 47 and included in a development plan in accordance with paragraph (b) of subsection (1) of section 43 ;

“housing strategy” means a strategy prepared under section 242 ;

“industrial emissions licence” means a licence under Part IV of the Environmental Protection Agency Act 1992 for the carrying on of an industrial emissions directive activity (within the meaning of that Act);

“integrated pollution control licence” means a licence (other than an industrial emissions licence) under Part IV of the Environmental Protection Agency Act 1992 ;

“land” includes any structure and any land covered with water, but does not include the maritime area (other than reclaimed land) or any part of the maritime area (other than a part of the maritime area that is reclaimed land);

“land-based development” means—

(a) the carrying out of works on, in, over or under land, or

(b) the making of a material change in the use of land or any structure on land;

“landscape” has the meaning assigned to it by the European Landscape Convention done at Florence on 20 October 2000;

“local authority” has the meaning assigned to it by the Act of 2001;

“major accident” has the meaning assigned to it by the Seveso III Directive;

“major accident establishment” means—

(a) an existing establishment within the meaning of the Seveso III Directive, or

(b) a new establishment within the meaning of the Seveso III Directive;

“maritime area” has the meaning assigned to it by the Act of 2021;

“maritime area consent” has the meaning assigned to it by the Act of 2021;

“Maritime Area Regulatory Authority” has the meaning assigned to it by the Act of 2021;

“maritime development” means—

(a) the carrying out of any works on, in, over or under the maritime area, or

(b) the making of any material change in the use of the sea, seabed or any structure, in the maritime area,

and includes the reclamation of any land in the nearshore area;

“maritime site” means a part of the maritime area, and includes—

(a) the waters of that part of the maritime area,

(b) the seabed in that part of the maritime area, and

(c) all substrata beneath the seabed in that part of the maritime area;

“maritime spatial plan” has the meaning assigned to it by the Act of 2021;

“maritime spatial planning” means—

(a) maritime spatial planning within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014⁴ establishing a framework for maritime spatial planning, and

(b) land-sea interactions within the meaning of that Directive;

“mine” means an excavation or system of excavations made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;

“minerals” includes stone, slate, clay, gravel, sand and other natural deposits but does not include peat;

“Minister” means the Minister for Housing, Local Government and Heritage;

“mortgage loan” means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house;

“municipal district” has the meaning assigned to it by section 22A (inserted by the Local Government Reform Act 2014 ) of the Local Government Act 2001 ;

“national climate objective” has the meaning assigned to it by the Climate Action and Low Carbon Development Act 2015 ;

“National Marine Planning Framework” has the meaning assigned to it by the Act of 2021;

“national newspaper” means—

(a) a publication (other than an online publication or online version of a publication) that—

(i) circulates generally in the State, and

(ii) is prescribed by the Minister for the purposes of this Act,

or

(b) an online publication, or online version of a publication, prescribed by the Minister for the purposes of this Act;

“National Planning Framework” means the National Planning Framework (including the first National Planning Framework in accordance with paragraph (b) of subsection (6) of section 21 ) for the time being in force under section 21 ;

“National Planning Policies and Measures” has the meaning assigned to it by paragraph (a) of subsection (1) of section 25, and includes any specific planning policy requirements referred to in subsection (1C) of section 28 of the Act of 2000 for the time being in force by virtue of subsection (1) of section 27 ;

“National Planning Policy Guidance” has the meaning assigned to it by paragraph (b) of subsection (1) of section 25 ;

“National Planning Statement” has the meaning assigned to it by subsection (1) of section 25 ;

“Natura 2000 network” shall be construed in accordance with paragraph 1 of Article 3 of the Habitats Directive;

“Natura impact report” means a report prepared for the purposes of Article 6 of the Habitats Directive setting out the implications of a plan, whether on its own or in combination with other plans or projects, for any European site on which the plan may have significant effects, having regard to the conservation objectives in relation to that site;

“Natura impact statement” means a statement prepared for the purposes of Article 6 of the Habitats Directive setting out the implications of a project, whether on its own or in combination with other plans or projects, for any European site on which the project may have significant effects, having regard to the conservation objectives in relation to that site;

“nearshore area” has the meaning assigned to it by the Act of 2021;

“newspaper” means a national newspaper or an approved local newspaper;

“objectives of maritime spatial planning” means—

(a) those matters to which the State is required, in accordance with paragraph 1 of Article 5 of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014⁵ establishing a framework for maritime spatial planning, to give consideration when establishing and implementing maritime spatial planning,

(b) those matters to which the State is required, in accordance with paragraph 2 of the said Article 5, to aim to contribute through maritime spatial plans, and

(c) objectives that the State is, for the time being, seeking to pursue in accordance with the second sentence of the said paragraph 2;

“occupier” means—

(a) in relation to land, a person who—

(i) is in occupation of the land,

(ii) is entitled to the immediate use, enjoyment or control of the land, or

(iii) is in control of the land,

(b) in relation to a maritime site, a person who is the holder of—

(i) a maritime area consent granted for the occupation of the maritime site,

(ii) a lease under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site,

(iii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of development on, in, over, under or otherwise in relation to, the maritime site, or

(iv) a licence under Part 5 of the Act of 2021 granted for a Schedule 7 usage within the meaning of that Part,

or

(c) in relation to any structure, a person who—

(i) is entitled to the immediate use, enjoyment or control of the structure, or

(ii) is in control of the structure;

“ordinary planning commissioner” means—

(a) a person who, by virtue of subsection (5) of section 495 , continues in office for the time being as an ordinary planning commissioner of the Commission on and after the commencement of section 495 , or

(b) an ordinary planning commissioner of the Commission appointed under section 507 or 509 ;

“outer maritime area” means that part of the maritime area that is not within the nearshore area of any coastal planning authority;

“owner” means—

(a) in relation to land, 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,

(b) in relation to any part of the maritime area that does not vest in a Minister of the Government, 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 that part or, where that part is not let at a rack rent, would be so entitled if it were so let, and

(c) in relation to any other part of the maritime area, the Minister of the Government in whom that other part vests;

“permission” means—

(a) permission for development under Chapter 3 or 4 of Part 4 ,

(b) retention permission under Chapter 3 of Part 4 ,

(c) permission for development for which retrospective consent is required under Chapter 4 of Part 4 , and

(d) an alteration or extension of duration of a permission under Chapter 5 of Part 4 ;

“planning application” means an application for permission;

“planning authority” means a local authority;

“Planning Commissioners” shall be construed in accordance with section 505 ;

“Planning Regulator” means—

(a) the person who, immediately before the repeal of Part IIB of the Act of 2000, was the Planning Regulator, or

(b) where a person stands appointed to be the Planning Regulator under section 540 , that person;

“planning scheme” means a scheme under section 593 ;

“prescribed” means (except in Chapter 2 of Part 9 ) prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly;

“priority area plan” has the meaning assigned to it by section 72 ;

“proposed protected structure” means a structure specified in a notice under—

(a) subsection (4) of section 55 or subsection (2) of section 309 , or

(b) subsection (3) of section 12 or subsection (1) of section 55 of the Act of 2000,

and includes—

(i) the interior of the structure,

(ii) the land lying within the curtilage of the structure,

(iii) any other structures, and their interiors, lying within that curtilage, and

(iv) any feature of the structure that is within the attendant grounds of the structure;

“protected structure” means a structure, or part of a structure, specified in a record of protected structures, and includes—

(a) the interior of the structure,

(b) the land lying within the curtilage of the structure,

(c) any other structure, and their interiors, lying within that curtilage, and

(d) any feature of the structure that—

(i) is within the attendant grounds of the structure, and

(ii) is specified in a record of protected structures;

“protection” includes, in relation to a structure or part of a structure, conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part;

“public body” means—

(a) a public authority within the meaning of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark, on 25 June 1998, or

(b) such other body as may be prescribed;

“public place” means any street, road, seashore or other place to which the public have access whether as of right or by consent and whether subject to a charge or free of charge;

“public road” has the meaning assigned to it by the Roads Act 1993 ;

“record of protected structures” has the meaning assigned to it by section 306 ;

“regional assembly” means a body established in accordance with section 43 of the Local Government Act 1991 ;

“regional spatial and economic strategy” has the meaning assigned to it by section 28 ;

“register” has the meaning assigned to it by section 382 ;

“reserved function” has the meaning assigned to it by the Act of 2001;

“retention permission” means permission for retention of development that, immediately before the grant of such permission, was unauthorised development;

“retrospective consent” means retention permission for development in respect of which an appropriate assessment or an environmental impact assessment is required;

“road” has the meaning assigned to it by the Roads Act 1993 ;

“seashore” has the meaning assigned to it by the Act of 1933;

“Seveso III Directive” means Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012⁶ on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC;

“share” means share in the share capital of a company, and includes stock;

“special planning control scheme” has the meaning assigned to it by subsection (8) of section 336 ;

“State authority” means, subject to subsection (8) of section 155 —

(a) a Minister of the Government, or

(b) the Commissioners of Public Works in Ireland;

“statutory undertaker” means a person authorised under any enactment to—

(a) construct or operate a railway, canal, inland navigation, dock, harbour or airport,

(b) carry out works for the provision of water, gas, electricity, telecommunications or wastewater services, or cause such works to be carried out, or

(c) provide services connected with, or carry out works for the purposes of, the functions of any public undertaking;

“strategic development zone” means a site or sites to which a planning scheme under section 169 of the Act of 2000 applies;

“strategic environmental assessment” means an environmental assessment carried out in accordance with the Strategic Environmental Assessment Directive and the Strategic Environmental Regulations;

“Strategic Environmental Assessment Directive” means Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001⁷ on the assessment of the effects of certain plans and programmes on the environment;

“Strategic Environmental Assessment Regulations” means regulations for the time being in force made under any enactment (including section 20 ) giving effect or further effect to the Strategic Environmental Assessment Directive;

“structure” means—

(a) a building, edifice, construction, excavation, or other thing constructed or made on, in or under any land, or a maritime site, or any part thereof, or

(b) the land or maritime site on, in or under which such building, edifice, construction, excavation, other thing or part is situated;

“student accommodation” means a building or part thereof used, or intended to be used, for the sole purpose (subject to paragraph (b)) of providing residential accommodation to students during academic term times, whether or not provided by a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 ), and that is not used, or intended to be used—

(a) as permanent residential accommodation, or

(b) as a hotel, hostel, apart-hotel or similar type accommodation other than for the purposes of providing residential accommodation to tourists or visitors outside of academic term times;

“town” means a municipal district that has a population greater than 2,000;

“Transboundary Convention” means the Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland) on 25 February 1991;

“Transboundary Convention state” means a state (other than the State) that is a contracting party to the Transboundary Convention;

“unauthorised development” means, in relation to land or a maritime site—

(a) unauthorised works (including the construction, erection or assembly of an unauthorised structure), or

(b) an unauthorised use;

“unauthorised structure” means a structure on, in, over or under land or a maritime site, other than—

(a) exempted development,

(b) development carried out in accordance with—

(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act,

(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000,

(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or

(iv) a permission granted under Part 4 ,

(c) Chapter 6 State authority development within the meaning of Part 4 ,

(d) 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 ,

or

(e) development carried out in accordance with—

(i) a licence under section 13 , or

(ii) a licence under section 254 of the Act of 2000;

“unauthorised use” means, in relation to land or a maritime site, a use that is a material change in use of the land or maritime site, other than—

(a) exempted development, or

(b) development carried out in accordance with—

(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act,

(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000,

(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or

(iv) a permission granted under Part 4 ,

(c) Chapter 6 State authority development within the meaning of Part 4 ,

(d) 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 ,

or

(e) development carried out in accordance with—

(i) a licence under section 13 , or

(ii) a licence under section 254 of the Act of 2000;

“unauthorised works” means any works on, in, over or under land or a maritime site, other than—

(a) exempted development,

(b) development carried out in accordance with—

(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act,

(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000,

(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or

(iv) a permission granted under Part 4 ,

(c) Chapter 6 State authority development within the meaning of Part 4 ,

(d) 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 ,

or

(e) development carried out in accordance with—

(i) a licence under section 13 , or

(ii) a licence under section 254 of the Act of 2000;

“urban area plan” has the meaning assigned to it by subsection (1) of section 71 ;

“urban development zone” means a site to which an order under section 621 applies;

“use” does not include the carrying out of works;

“warning letter” means a letter served in accordance with section 349 ;

“waste licence” means a waste licence under Part V of the Waste Management Act 1996 ;

“waste water discharge licence” means a licence under the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 );

“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000⁸ establishing a framework for Community action in the field of water policy;

“works” includes an act or operation—

(a) of construction, excavation, demolition, extension, alteration, repair or renewal (including in relation to a protected structure, a proposed protected structure or a structure situated in an architectural conservation area), on, in, over or under land or a maritime site,

(b) consisting of the application of plaster, paint, wallpaper, tiles or other material to the surface of a protected structure or proposed protected structure or the removal of plaster, paint, wallpaper, tiles or other material from such surface, and

(c) consisting of the application of plaster, paint, wallpaper, tiles or other material to the exterior of a structure situated in an architectural conservation area or the removal of plaster, paint, wallpaper, tiles or other material from such exterior.

¹ OJ No. L20, 26.1.2010, p. 7

² OJ No. L26, 28.1.2011, p. 1

³ OJ No. L206, 22.7.1992, p. 7

⁴ OJ No. L257, 28.8.2014, p. 135

⁵ OJ No. L257, 28.8.2014, p. 135

⁶ OJ No. L197, 24.7.2012, p. 1

⁷ OJ No. L197, 21.7.2001, p. 30

⁸ OJ No. L327, 22.12.2000, p. 1