Planning and Development Act 2024
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PART 4 Development Consents | ||
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Chapter 1 Preliminary and General | ||
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Interpretation | ||
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82. (1) In this Part— | ||
“Act of 1999” means the Electricity Regulation Act 1999 ; | ||
“airport” means Dublin airport; | ||
“Chapter 4 development” means— | ||
(a) development for which retrospective consent is required, or | ||
(b) subject to any regulations under section 115 in relation to any particular development or class of development that would, but for such regulations, fall within any of the following classes, development of any of the following classes: | ||
(i) strategic infrastructure development; | ||
(ii) electricity transmission infrastructure development; | ||
(iii) strategic gas infrastructure development; | ||
(iv) Chapter 4 maritime development; | ||
(v) Chapter 4 local authority development; | ||
(vi) Chapter 4 State authority development; | ||
“Chapter 4 local authority development” means local authority development in respect of which an environmental impact assessment or appropriate assessment is required; | ||
“Chapter 4 maritime development” means— | ||
(a) development situated wholly in the outer maritime area, | ||
(b) development situated partly in the outer maritime area and partly in— | ||
(i) the nearshore area of a coastal planning authority, or | ||
(ii) the nearshore areas of more than one coastal planning authority, | ||
(c) development situated— | ||
(i) partly in the outer maritime area, | ||
(ii) partly in— | ||
(I) the nearshore area of a coastal planning authority, or | ||
(II) the nearshore areas of more than one coastal planning authority, | ||
and | ||
(iii) partly on land, | ||
(d) development situated partly in the outer maritime area and partly on land, | ||
(e) development situated— | ||
(i) wholly in the nearshore areas of more than one coastal planning authority, or | ||
(ii) partly on land and partly in the nearshore areas of more than one coastal planning authority, | ||
or | ||
(f) development of a class specified in Schedule 2 situated— | ||
(i) wholly in— | ||
(I) the nearshore area of a coastal planning authority, or | ||
(II) the nearshore areas of more than one coastal planning authority, | ||
or | ||
(ii) partly on land and partly in— | ||
(I) the nearshore area of a coastal planning authority, or | ||
(II) the nearshore areas of more than one coastal planning authority, but does not include— | ||
(A) development in accordance with a permission under Part III of the Act of 2000 (whether or not granted before the repeal of Part XV of the Act of 2000) that, immediately before the repeal of Part XV of the Act of 2000, was required in accordance with section 225 of the Act of 2000, | ||
(B) development in accordance with an approval under section 226 of the Act of 2000 (whether or not granted before the repeal of the said Part XV), | ||
(C) development consisting of the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or | ||
(D) the deposit of any material in accordance with a consent referred to in section 13 of the Act of 1933; | ||
“Chapter 4 PAC notification” has the meaning assigned by subsection (7) of section 116 ; | ||
“Chapter 4 State authority development” means— | ||
(a) State authority prescribed development in respect of which an appropriate assessment or environmental impact assessment is required, | ||
(b) Chapter 4 State authority emergency development, or | ||
(c) State authority urgent development; | ||
“Chapter 4 State authority emergency development” has the meaning assigned to it by subsection (3) of section 155 ; | ||
“Chapter 6 State authority development” means— | ||
(a) State authority prescribed development that does not require appropriate assessment or environmental impact assessment, or | ||
(b) Chapter 6 State authority emergency development; | ||
“Chapter 6 State authority emergency development” has the meaning assigned to it by subsection (1) of section 155 ; | ||
“electricity transmission infrastructure development” means— | ||
(a) development consisting of infrastructure for transmission within the meaning of Directive (EU) 2019/944/EC of the European Parliament and of the Council of 5 June 201910 on common rules for the internal market for electricity and amending Directive 2012/27/EU, or | ||
(b) development for the purposes of such transmission, | ||
and includes an interconnector within such meaning; | ||
“gross floor space” means, in relation to a building or part of a building, the area ascertained by the internal measurement of the floor space on each floor of the building or part of the building (including internal walls and partitions), disregarding any floor space provided for— | ||
(a) the parking of vehicles by persons— | ||
(i) occupying or using the building or part of the building, or | ||
(ii) for a purpose incidental to the primary purpose of the building or part of the building, | ||
and | ||
(b) in relation to applications for permission for large-scale residential development, ancillary residential services including gyms and child-care facilities; | ||
“inspector” means a person assigned to report on an application, request, referral or appeal under this Part on behalf of the Commission under section 376 ; | ||
“large-scale residential development” means development (wholly outside a strategic development zone, wholly outside an urban development zone and wholly outside a candidate UDZ) consisting of— | ||
(a) not less than 100 housing units, | ||
(b) student accommodation that contains not less than 200 bed spaces, | ||
(c) not less than 100 housing units, and student accommodation, or | ||
(d) student accommodation that contains not less than 200 bed spaces, and housing units, | ||
provided that— | ||
(i) in the case of development referred to in paragraph (a), the gross floor space of the buildings comprising the housing units is not less than 70 per cent (or such other percentage as may be prescribed) of the gross floor space of the buildings comprising the development, | ||
(ii) in the case of development referred to in paragraph (b), the gross floor space of the student accommodation is not less than 70 per cent (or such other percentage as may be prescribed) of the gross floor space of the buildings comprising the development, and | ||
(iii) in the case of development referred to in paragraph (c) or (d), the gross floor space of the buildings comprising the housing units and the student accommodation is not less than 70 per cent (or such other percentage as may be prescribed) of the gross floor space of the buildings comprising the development; | ||
“local authority development” means development by or on behalf of, or carried out jointly with, a local authority; | ||
“LRD” means large-scale residential development; | ||
“LRD appeal” means an appeal under section 103 of a decision of a planning authority that relates to an application for permission for large-scale residential development; | ||
“LRD applicant” means an applicant for permission for large-scale residential development; | ||
“LRD meeting” has the meaning assigned to it by section 91 ; | ||
“LRD opinion” has the meaning assigned to it by section 92 ; | ||
“proposed application” means a proposed application for— | ||
(a) permission for development, or | ||
(b) retention permission, | ||
under Chapter 3 or 4 that is the subject of a pre-application consultation under section 90 or section 116 ; | ||
“proposed development” means— | ||
(a) development that is the subject of— | ||
(i) an application (other than an application for retention permission) under Chapter 3 or 4, or | ||
(ii) a pre-application consultation, | ||
(b) development that is the subject of a request or proposed request under Chapter 5, or | ||
(c) proposed local authority development of a class prescribed under subsection (1) of section 153 ; | ||
“proposed request” means a request for an alteration to, or extension of, a permission under Chapter 5 that is the subject of a pre-application consultation under section 139 ; | ||
“prospective LRD applicant” has the meaning given to it by section 89 ; | ||
“standard development” means any development other than Chapter 4 development; | ||
“State authority development” means development by or on behalf of, or carried out jointly with, a State authority; | ||
“State authority prescribed development” means State authority development— | ||
(a) prescribed under section 154 , or | ||
(b) of a class prescribed under that section; | ||
“State authority urgent development” has the meaning assigned to it by section 157 ; | ||
“strategic downstream gas pipeline” means a gas pipeline (other than an upstream gas pipeline) that— | ||
(a) is designed to operate at 16 bar or greater, and | ||
(b) is longer than 20 kilometres; | ||
“strategic gas infrastructure development” means a development comprising, or for the purposes of— | ||
(a) a strategic downstream gas pipeline or a strategic upstream gas pipeline, and associated terminals, buildings and installations, whether above or below ground, including any associated discharge pipe, | ||
(b) an industrial installation used for— | ||
(i) the carriage of gas, steam or hot water with a potential heat output of not less than 300 megawatts, or | ||
(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. | ||