Planning and Development Act 2024
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Local authority development | ||
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152. (1) Subject to subsections (2) and (4), and subsection (3) of section 9 , local authority development (other than Chapter 4 local authority development) by a local authority in the functional area of the local authority shall be exempted development for the purposes of this Act. | ||
(2) Subject to subsection (4), and subsection (3) of section 9 , local authority development (other than Chapter 4 local authority development) by a local authority that is a coastal planning authority on a maritime site in the nearshore area of that coastal planning authority shall not be exempted development unless the local authority is— | ||
(a) the owner of the maritime site, or | ||
(b) the holder of a maritime area consent granted for the occupation of the maritime site for the purposes of carrying out the proposed development. | ||
(3) Subject to subsection (4), and subsection (3) of section 9 , local authority development by a local authority outside the functional area of the local authority consisting of the carrying out of any works— | ||
(a) required for the construction of a new road or the maintenance or improvement of an existing road, | ||
(b) for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, district heating systems, cables, overhead wires, or other apparatus, or | ||
(c) required for the excavation, for a purpose referred to in paragraph (b), of any street, other land or maritime site, | ||
shall be exempted development. | ||
(4) Local authority development— | ||
(a) that materially contravenes any development plan applicable to such development, or | ||
(b) in the maritime area that materially contravenes the National Marine Planning Framework, | ||
shall not be carried out. |