Planning and Development Act 2024

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PART 8

Miscellaneous Powers of Planning Authorities

Chapter 1

Control of Development

Agreements restricting or regulating development or use of land

257. (1) A planning authority may make an agreement with an owner of land in its functional area for the purposes of restricting or regulating the development or use of the land, either permanently or during such period as may be specified by the agreement, and the agreement may contain such incidental and consequential provisions (including provisions in respect of the ownership of land, and charges and other provisions of a financial character) as appear to the planning authority to be necessary or expedient for the purposes of the agreement.

(2) A planning authority may join with a body prescribed under paragraph (j) of subsection (3) of section 54 in making an agreement under subsection (1).

(3) An agreement under subsection (1) may be enforced by the planning authority, or a prescribed body that joined with it (if any), against the owner of the land with whom the agreement was made or a person deriving title under that owner in respect of that land as if the planning authority or body, as the case may be, were possessed of adjacent land, and as if the agreement had been expressed to be made for the benefit of that adjacent land.

(4) Without prejudice to subsection (3), where the agreement, or part of it, is made pursuant to a condition attached to a permission, a breach of the agreement, or that part, shall constitute a breach of the condition unless the condition otherwise provides.

(5) The owner of the land (or part of the land) with whom an agreement is made under subsection (1), or a person deriving title under that owner in respect of that land (or part), may apply to the planning authority for the discharge or modification of the agreement.

(6) The planning authority shall give notice of an application made under subsection (5) to a prescribed body (if any) that joined with it in making the agreement and the prescribed body may, within such period as is specified in the notice, make submissions in writing to the planning authority in relation to the application.

(7) A planning authority may discharge or modify an agreement under subsection (1) only where an application is made to it under subsection (5) and it is satisfied that continued compliance with the agreement would be unduly burdensome for the person that made the application, or is unnecessary, having regard to the following matters:

(a) the circumstances in which, and the purposes for which, the agreement was made;

(b) any benefits accrued to persons interested in the land or the part of the land in consequence of the making of the agreement;

(c) the time that has elapsed since the agreement was made;

(d) any changes in the character of the land or the part of the land or of its neighbourhood since the agreement was made;

(e) any changes in the objectives in any development plan, urban area plan, priority area plan or coordinated area plan relating to the land or the part of the land or of its neighbourhood since the agreement was made;

(f) whether the agreement secures or is capable of securing any practical benefit and, if so, the nature and extent of that benefit;

(g) the likely consequences of any discharge or modification of the agreement;

(h) any submissions made pursuant to a notice under subsection (6) or by any person interested in the performance of the agreement pursuant to any notice given under regulations under subsection (12);

(i) any other relevant factors particular to the agreement and the land or the part of the land.

(8) Subject to any regulations under subsection (12), the planning authority may make such inquiries or give such notifications, or require the submission of such information or the giving of such notifications, as it considers appropriate for the purposes of performing its functions under subsection (7).

(9) Nothing in this section, or in any agreement under subsection (1), shall be construed as restricting the exercise, in relation to land which is the subject of such an agreement, of any powers exercisable by the Minister, the Commission or the planning authority under this Act.

(10) Particulars of an agreement under subsection (1), and of any discharge or modification of the agreement under subsection (7), shall be entered in the register.

(11) (a) An agreement under subsection (1) may be registered—

(i) in the Registry of Deeds, as an act of the owner of the land concerned, or

(ii) in the Land Registry, as a burden on any part of the land concerned that is registered in the Land Registry.

(b) Where an agreement under subsection (1) is modified under subsection (7), an entry may be made in the Registry of Deeds or the Land Registry to that effect.

(c) Where an agreement under subsection (1) is discharged in whole or in part under subsection (7)—

(i) the discharge or partial discharge may be registered in the Registry of Deeds, or

(ii) a burden registered in the Land Registry in respect of the agreement may be cancelled or amended as required.

(d) The cost of registering—

(i) an agreement under subsection (1), shall be borne by the planning authority that made the agreement, and

(ii) any matter pursuant to paragraph (b) or (c), shall be borne by the person applying for the modification or discharge under subsection (5).

(12) The Minister may make regulations in relation to—

(a) the making, registration and enforcement of agreements under this section, and

(b) the making of applications under subsection (5), including the giving of notice of applications to particular persons or the public and the making by persons interested in the performance of the agreement of submissions to the planning authority in relation to such applications.

(13) An agreement under section 47 of the Act of 2000 or section 38 of the Local Government (Planning and Development) Act 1963 that was—

(a) made for the purpose of restricting or regulating the development of land, and

(b) in force immediately before the repeal of the said section 47 by section 6 ,

shall, on and after that repeal, be deemed to be an agreement made under this section, and accordingly this section shall apply to that agreement.

(14) An agreement under section 47 of the Act of 2000 or section 38 of the Local Government (Planning and Development) Act 1963 that was—

(a) made for the purpose of restricting or regulating the development of a maritime site, and

(b) in force immediately before the repeal of the said section 47 by section 6 ,

shall, on and after that repeal, be deemed to be an agreement made under this section, and accordingly, for the purposes of the application of this section to that agreement—

(i) references in this section to land shall be construed as including references to a maritime site, and

(ii) references in this section to the land shall be construed as including references to the maritime site.