Planning and Development Act 2024
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Chapter 2 Obligations on Planning Authority and Commission | ||
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Matters to which planning authority and Commission shall have regard | ||
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86. (1) When performing any function under this Part, a planning authority or the Commission, as the case may be, shall— | ||
(a) where the performance of the function is in respect of land-based development or proposed land-based development, have regard to principles of proper planning and sustainable development, and in particular— | ||
(i) to any development plan, urban area plan, priority area plan or coordinated area plan applicable to the land on which the development is situated or proposed to be situated, | ||
(ii) to such provisions of a National Planning Statement as are not the subject of any provision in a plan referred to in subparagraph (i), | ||
(iii) to any other information available to it relating to— | ||
(I) the consequences or likely consequences of the development or proposed development for proper planning and sustainable development in the area in which the development is situated or proposed to be situated, and | ||
(II) the likely effects on the environment of the development or proposed development, | ||
(iv) in the case of development or proposed development that relates to a protected structure, to the protected status of the structure, | ||
(v) in the case of development or proposed development that relates to a proposed protected structure, to the fact that it is proposed to add the structure to a record of protected structures, | ||
(vi) in the case of development or proposed development that relates to land situated in an area of special planning control, to a special planning control scheme, | ||
(vii) where applicable, to the policies and objectives of the Government, any State authority, the Minister, the planning authority concerned or a public body whose policies have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas (whether urban or rural), | ||
(viii) to the national interest and any effect that the performance of the function may have on issues of strategic economic or social importance to the State, | ||
(ix) in the case of development or proposed development— | ||
(I) for the purposes of the provision or modification of a major accident establishment, or | ||
(II) within the vicinity of such an establishment, | ||
to the effect that a major accident is likely to have on the area within which the development or proposed development is, or is proposed to be, situated, | ||
(x) in the case of development or proposed development in an architectural conservation area, to any material effect that the proposed development is likely to have on the character of that area, | ||
(xi) in the case of development or proposed development in a special amenity area, to the provisions of the special amenity conservation order concerned, and | ||
(xii) to the local authority climate action plan made under section 14B of the Climate Action and Low Carbon Development Act 2015 by the local authority within whose functional area the development or proposed development is, or is proposed to be, situated, | ||
and | ||
(b) where the performance of the function is in respect of maritime development or proposed maritime development, have regard to— | ||
(i) the National Marine Planning Framework and the National Planning Framework, | ||
(ii) the marine planning policy statement prepared and published under section 6 of the Act of 2021, | ||
(iii) guidelines issued under section 7 of the Act of 2021, | ||
(iv) national planning statements, | ||
(v) any regional spatial and economic strategy, or other sectoral strategy of a regional assembly— | ||
(I) within whose functional area the development or proposed development is situated or proposed to be situated, or | ||
(II) whose functional area adjoins the maritime site on which the development or proposed development is situated or proposed to be situated, | ||
(vi) any plan made under this Act, applicable to a part of the functional area of— | ||
(I) a planning authority on which the development is situated or proposed to be situated, and | ||
(II) a planning authority whose functional area adjoins the maritime site on which the development is situated or proposed to be situated, | ||
(vii) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 200811 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive), and any enactment or instrument under an enactment that gives effect thereto, | ||
(viii) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 201412 establishing a framework for maritime spatial planning, | ||
(ix) objectives of maritime spatial planning, and | ||
(x) principles of proper planning and sustainable development. | ||
(2) An obligation under subsection (1) to have regard to any plan, guideline or national planning statement shall be construed as an obligation to have regard to the plan, guideline or statement as it has effect on the date the decision concerned is made, or the function concerned is performed, by the planning authority or the Commission. | ||
(3) When making a decision in respect of an application for permission, the planning authority or the Commission, as the case may be, shall have regard— | ||
(a) to the application for permission concerned, | ||
(b) to any information relating to the application for permission furnished to it by the applicant or any other person in accordance with any provision or requirement of this Act or any regulations made under this Act, | ||
(c) to any written submission concerning the application for permission made to it by any person in accordance with any provision or requirement of this Act or any regulations made under this Act, | ||
(d) to any report, recommendation or record prepared in relation to the application for permission in accordance with any provision or requirement of this Act or any regulations made under this Act, | ||
(e) to submissions or observations (if any) of a Member State of the European Union or other party to the Transboundary Convention in relation to the effects on the environment of the proposed development, and | ||
(f) in the case of proposed development that comprises not fewer than 10 housing units, to— | ||
(i) any information available to the planning authority or the Commission (whether or not provided by, or on behalf of, the applicant) relating to the carrying out by the applicant, or any person connected with the applicant, of any residential development during the period of 5 years immediately preceding the date of the application, and | ||
(ii) the likelihood of the proposed development being completed within the duration of the permission. | ||
(4) Save where otherwise provided under this Act, where a submission is— | ||
(a) received after the expiration of any period of time specified for the making of such submission under this Act, or | ||
(b) is not in accordance with any other requirement under this Act, | ||
the planning authority or the Commission, as appropriate, shall return that submission to the person who made it and shall not have regard to that submission in accordance with paragraph (c) of subsection (3), unless— | ||
(i) it is a submission from the Minister or a prescribed body received by the planning authority or the Commission not later than one week from such expiration, or | ||
(ii) it is a submission from a Transboundary Convention state. | ||
(5) Where a planning authority or the Commission makes a decision that, in any material respect, is inconsistent with a provision of a National Planning Statement it shall— | ||
(a) identify that provision, and | ||
(b) state the main reasons for making a decision that is inconsistent with that provision and the matters taken into consideration in regard thereto. | ||
(6) Neither a planning authority nor the Commission shall refuse permission for proposed development for reasons that an urban area plan, priority area plan or coordinated area plan in respect of the area in which the development is proposed to be carried out has not been made, unless such reasons are specified in a development plan as reasons for refusing permission. | ||
(7) Neither a planning authority nor the Commission shall refuse permission for proposed development for the reason only that the housing growth target included in the housing development strategy in respect of the settlement (within the meaning of Part 3) concerned has already been reached. | ||
(8) Where the grant of a permission by a planning authority or the Commission would cause the housing growth target applicable to the settlement (within the meaning of Part 3) concerned to be exceeded, the planning authority or the Commission may grant the permission provided that— | ||
(a) the grant of that permission would be consistent with— | ||
(i) the objectives relating to that settlement specified in the development plan relating to the functional area in which the settlement is situated, and | ||
(ii) any objectives relating to that settlement specified in— | ||
(I) an urban area plan relating to an urban area in which the settlement is situated, | ||
(II) a priority area plan relating to a priority area in which the settlement is situated, or | ||
(III) a coordinated area plan relating to a coordinated area in which the settlement is situated, | ||
and | ||
(b) having regard to the size of the settlement, it considers that— | ||
(i) the number of other permissions already granted in respect of development or proposed development that would cause the housing growth target in respect of that settlement to be exceeded does not undermine the underlying purpose of that housing growth target, and | ||
(ii) the grant of the permission would not otherwise be inappropriate. | ||
(9) In this section “application for permission” includes— | ||
(a) an appeal to the Commission from a decision of a planning authority under Chapter 3, and | ||
(b) a request for the alteration, or extension of the duration, of any existing permission under Chapter 5. | ||