Planning and Development Act 2024
|
Supplementary provisions relating to sections 261, 262 and 264 | ||
|
265. (1) The exercise of the powers of a planning authority or Uisce Éireann under section 261 , 262 or 264 to take public components of a development in charge or to acquire public components of a development or land on, in, over or under which the public components are situated, shall not prejudice any right of the planning authority— | ||
(a) to bring or continue enforcement action (within the meaning of Part 11 ) in respect of any part of the development that is unauthorised development, or | ||
(b) to apply any security given pursuant to any condition in a permission which relates to the development to the satisfactory completion of the development or any part thereof. | ||
(2) The Minister may make regulations for the purposes of: | ||
(a) identifying further parts of developments which are to be considered public components of developments for the purposes of the definition of “public components” in subsection (3) of section 260 ; | ||
(b) requiring the inclusion (whether on the making of the application or on the request of a planning authority) in applications for permission for developments referred to in subsection (1) or (2) of section 260 of details of the parts of the development the subject of the application that are proposed to be public components; | ||
(c) specifying requirements in respect of the giving of notice to the owner or occupier of land for the purposes of entry onto the land under subsection (12) of section 261 or subsection (3) of section 262 ; | ||
(d) specifying the procedure for the carrying out of a plebiscite under subsection (13) of section 261 ; | ||
(e) specifying, subject to sections 261 , 262 and 264 , the form and content of any request, notice, report, procedure or order under section 261 , 262 or 264 ; | ||
(f) providing for the manner in which the apportionment of obligations of planning authorities under clause (I) of subparagraph (vi) of paragraph (c) of subsection (7) of section 264 shall be agreed between them, or differences in relation to such apportionment resolved. | ||
(3) The following matters shall be entered in the register: | ||
(a) particulars of a request under subsection (1) of section 261 ; | ||
(b) particulars of a decision under subsection (1) of section 261 not to commence the procedure under subsection (6) of section 261 ; | ||
(c) particulars of an order under paragraph (e) of subsection (6) of section 261 ; | ||
(d) particulars of a notice under paragraph (a) of subsection (2) of section 264 ; | ||
(e) particulars of an appeal under subsection (3) of section 264 ; | ||
(f) particulars of an annulment or confirmation under subsection (4) of section 264 ; | ||
(g) particulars of an order under subsection (5) of section 264 . |