Planning and Development Act 2024
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Regulations under Part | ||
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183. (1) The Minister may— | ||
(a) prescribe such additional, incidental, consequential or supplemental matters with respect to procedures under this Part as appear to the Minister to be necessary or expedient, and | ||
(b) prescribe differently for different circumstances or cases, classes or types. | ||
(2) Without prejudice to the generality of subsection (1), regulations under this section may prescribe matters related to any one or more of the following: | ||
(a) matters relating to the holding of consultations under this Part including— | ||
(i) prescribing the manner in which requests for consultations are to be made, | ||
(ii) requiring planning authorities or the Commission, as appropriate, to acknowledge in writing the receipt of requests for consultations, | ||
(iii) requiring any person making a request for a consultation to furnish to the planning authority or the Commission, as appropriate, any prescribed information, drawings, plans or documents in relation to that request, | ||
(iv) prescribing matters that are required to be considered at the consultation, | ||
(v) prescribing matters that may be considered at the consultation, | ||
(vi) prescribing the manner in which the consultation is to be conducted, or | ||
(vii) in the case of a consultation under section 116 , requiring the provision of a Chapter 4 PAC notification in such form and within such period as may be prescribed; | ||
(b) matters related to the holding of an LRD meeting under section 91 , including— | ||
(i) specifying the manner in which requests for LRD meetings are to be made to the planning authority, | ||
(ii) requiring planning authorities to acknowledge in writing the receipt of requests for LRD meetings, | ||
(iii) requiring any person to furnish to the planning authority any specified information, drawings, plans or documents in relation to an LRD meeting, including with respect to— | ||
(I) the proposed types of houses and student accommodation units and their design, including proposed internal floor areas, housing density, plot ratio, site coverage, building heights, proposed layout and aspect, | ||
(II) the provision of public and private open spaces, landscaping, play facilities, pedestrian permeability, vehicular access and parking provision, where relevant, | ||
(III) the provision of ancillary services, where required, including child care facilities, | ||
(IV) any proposals to address or, where relevant, integrate the proposed development with surrounding land-use, | ||
(V) road infrastructure, | ||
(VI) any proposals to provide for services infrastructure (including water, wastewater and cabling, including broadband provision), and any phasing proposals, | ||
(VII) the provision of a phasing plan under subsection (1) of section 178 , | ||
(VIII) proposals under Part 7 , where relevant, | ||
(IX) details of any monument or place recorded in the record of monuments and places under section 12 of the National Monuments (Amendment) Act 1994 , | ||
(X) any monument to which general protection (within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 ) applies, | ||
(XI) any monument to which special protection (within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 ) applies, or | ||
(XII) any aspect of the proposed development likely to have significant effects on the environment or significant effects on a European site, | ||
(iv) prescribing matters that are required to be considered at the LRD meeting, | ||
(v) prescribing matters that may be considered at the LRD meeting, or | ||
(vi) prescribing the manner in which the LRD meeting is to be conducted; | ||
(c) matters related to the provision of an LRD opinion by the planning authority under section 92 , including the form of the opinion; | ||
(d) matters related to the holding of a meeting convened under subsection (6) of section 91 , subsection (4) of section 93 or subsection (4) of section 118 including— | ||
(i) prescribing the manner in which a request for such a meeting is to be made, | ||
(ii) requiring planning authorities or the Commission, as appropriate, to acknowledge in writing the receipt of a request for such a meeting, | ||
(iii) requiring any person making a request for such a meeting to furnish to the planning authority or the Commission, as appropriate, any specified information, drawings, plans or documents in relation to that request, | ||
(iv) prescribing matters that are required to be considered at the meeting, | ||
(v) prescribing matters that may be considered at the meeting, | ||
(vi) prescribing the manner in which the meeting is to be conducted; | ||
(e) matters related to the provision of an opinion by the planning authority under subsection (1) of section 94 or by the Commission under subsection (1) of section 119 , including the form of the opinion; | ||
(f) matters related to the making of an application for permission under this Part, including— | ||
(i) prescribing the manner and form in which applications for permission are to be made, | ||
(ii) requiring the submission of information in respect of applications for permission, | ||
(iii) requiring applicants, or in the case of an appeal under Chapter 3 or Chapter 5 any party to the appeal, to publish any prescribed notices with respect to applications for permission, | ||
(iv) requiring applicants to furnish to any prescribed persons any prescribed information with respect to applications for permission, | ||
(v) requiring planning authorities or the Commission, as appropriate, to— | ||
(I) notify prescribed authorities of such proposed development or classes of development as may be prescribed, or consult with them in respect thereof, and | ||
(II) give to them such documents, particulars, plans or other information in respect thereof as may be prescribed, | ||
(vi) facilitating the making and processing by electronic means of— | ||
(I) applications for permission, submissions and consents under this Act, and | ||
(II) the payment of fees, the issuing of decisions and setting out of requirements to which subparagraph (i) relates, | ||
(vii) requiring the inputting of data by planning authorities and the Commission into such databases or national planning systems as may be prescribed, | ||
(viii) requiring an applicant to submit specified information to the planning authority or the Commission, as appropriate, with respect to development, or any class of development, carried out by a person to whom section 173 applies pursuant to a permission granted to the applicant or to any other person under this Part or under Part III of the Act of 2000 or under Part IV of the Act of 1963, | ||
(ix) specifying additional requirements that a company referred to in paragraph (b) of subsection (2) of section 102 must satisfy in order to be eligible under subsection (2) of section 102 to make an appeal of a decision of a planning authority under section 98 being, requirements of a general nature and for the purposes of promoting transparency and accountability in the operation of such companies, including, without prejudice to the generality of subsection (2) of section 102 , requirements— | ||
(I) in relation to its membership, | ||
(II) that the pursuit of its aims or objectives be otherwise than for profit, | ||
(III) in relation to the possession of a specified legal personality and the possession of a constitution or rules, or | ||
(IV) that the area of environmental protection to which its aims or objectives relate is relevant to the class of matter into which the decision, the subject of the appeal, falls, | ||
or | ||
(x) specifying additional requirements with respect to revised particulars, plans or drawings included with a notice of appeal under section 106 ; | ||
(g) matters related to the procedural powers and obligations of the planning authority and the Commission under this Part including— | ||
(i) providing for the inviting or making of submissions under any provision of this Part in such manner and within such period as may be prescribed, | ||
(ii) providing for the waiving or reduction of a fee to which subparagraph (i) would relate, or the payment of a different fee, in respect of submissions made by a person in his or her capacity as a member of a local authority, | ||
(iii) requiring planning authorities or the Commission, as appropriate, to acknowledge in writing the receipt of submissions, | ||
(iv) providing for the making of requests by planning authorities or the Commission, as appropriate, for further information from any person under any provision of this Part in such manner and within such period as may be prescribed and, in respect of different classes or descriptions of development, providing for the information or type of information which may be requested and the number of requests that may be made, | ||
(v) requiring the submission of further information requested by the planning authorities or the Commission by any person under any provision of this Part, in such manner and within such period as may be prescribed, | ||
(vi) providing for planning authorities or the Commission, as appropriate, to invite applicants to submit to them revised particulars, plans or drawings under any provision of this Part, in such manner and within such period as may be prescribed, | ||
(vii) requiring the production of any evidence to verify any particulars of information given by any applicants or, in the case of appeals under Chapter 3 or Chapter 5, by any party to the appeal, | ||
(viii) providing for planning authorities or the Commission, as appropriate, to make material information received by either of them for the purposes of an application for permission available to the public under any provision of this Part in such manner and within such period as may be prescribed, | ||
(ix) providing for applicants to give public notice of material information when required by the planning authorities or the Commission, as appropriate, to do so under any provision of this Part in such manner and within such period as may be prescribed, | ||
(x) procedures for planning authorities or the Commission, as appropriate, to make information relating to the application for permission available for inspection or notify any person or the public of that information, | ||
(xi) requiring planning authorities or the Commission, as appropriate, to furnish to the Minister and to any other prescribed person any prescribed information with respect to applications and the manner in which they have been dealt with, | ||
(xii) requiring planning authorities to give notice, in such manner as may be prescribed, of any motion for a material contravention resolution under subsection (3) of section 99 , | ||
(xiii) requiring the submission of the chief executive’s report to the planning authority under paragraph (c) of subsection (4) of section 99 in such manner and within such period as may be prescribed, | ||
(xiv) prescribing the materials required to be submitted by planning authorities to the Commission under subsection (2) of section 105 and the manner in which and period within which such information is required to be provided, | ||
(xv) providing for the submission of a report under section 121 by a planning authority to the Commission in such form and within such period as may be prescribed, | ||
(xvi) providing for matters of procedure relating to the making of submissions by the Environmental Protection Agency under paragraph (d) of subsection (3) of section 122 and matters connected therewith, | ||
(xvii) procedures for the holding of meetings under paragraph (f) of subsection (3) of section 122 , or | ||
(xviii) making provision, after consultation with the Minister for Environment, Climate and Communications, for matters of procedure relating to the making of a request of the Commission for Regulation of Utilities under subsection (2) of section 128 and the making of observations by the Commission for Regulation of Utilities on foot of such a request; | ||
(h) matters related to the making and notification of decisions or determinations with respect to applications for permission under this Part, including requiring planning authorities or the Commission, as appropriate, to publish or give notice of their decisions or determinations in respect of applications for permission, including the giving of notice thereof to prescribed bodies and to persons who made submissions in respect of such applications; | ||
(i) in relation to development subject to confirmation under Chapter 6, matters related to the public notification procedure under section 158 and confirmation procedure under sections 159 and 160 , including— | ||
(i) requiring the publication by a local authority or State authority of any prescribed notice with respect to proposed development, | ||
(ii) requiring the giving by a State authority, to the planning authority for the area in which proposed development is to be carried out, or any other prescribed person, of any prescribed notice, documents, particulars, plans or other information with respect to the proposed development, | ||
(iii) requiring local authorities to— | ||
(I) notify prescribed authorities of such proposed development or classes of proposed development as may be prescribed, or consult with them in respect thereof, and | ||
(II) give to them such documents, particulars, plans or other information in respect thereof as may be prescribed, | ||
(iv) requiring the making available for inspection, by members of the public, of any prescribed documents, particulars, plans or other information with respect to proposed development, | ||
(v) procedures regarding the making of submissions to a local authority or a State authority with respect to proposed development in such form and within such period as may be prescribed, | ||
(vi) enabling the reference to a specified person of any dispute or disagreement, with respect to the proposed development, referred to in paragraph (b) or (c) of the definition of “development subject to confirmation” in section 151 , between a State authority and the planning authority for the area in which the proposed development is to be carried out, or | ||
(vii) requiring a State authority, in deciding whether the proposed development is to be carried out, to have regard to any prescribed matters or considerations; | ||
(j) making such incidental, consequential or supplementary provision as may appear to the Minister to be necessary or proper to give full effect to sections 175 and 176 . | ||
(3) (a) Regulations under this section may, for the purposes of securing the attainment of an objective included in a strategy for the creation, improvement and preservation of places of high quality and sustainable communities for the functional area of the planning authority pursuant to paragraph (b) of subsection (2) of section 48 , prescribe a requirement that any applicant for permission should provide the planning authority with such information, in respect of development (including development of a particular class) that the applicant proposes to carry out in a Gaeltacht, as may be specified by the planning authority. | ||
(b) Before making regulations containing a requirement to which paragraph (a) applies, the Minister shall consult with the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media. | ||
(4) Regulations under this section may make different provision with respect to applications for permission for development made by the Central Bank of Ireland in cases where the disclosure of information in relation to the application concerned might prejudice the security, externally or internally, of the development or the land concerned or facilitate any unauthorised access to or from the land by any person, and such regulations may make provision modifying the operation of Chapter 4 of Part 12 in relation to applications in those cases. | ||
(5) In this section, “application for permission” means— | ||
(a) an application for permission for development under Chapter 3 or Chapter 4, | ||
(b) an application for retention permission under Chapter 3, | ||
(c) an application for retrospective consent under Chapter 4, | ||
(d) an appeal to the Commission of a decision of a planning authority under Chapter 3 or Chapter 5, and | ||
(e) a request for the amendment, alteration, or extension of the duration, of any existing permission under Chapter 5 or the modification or revocation of any existing permission under section 149 or 150 . |