An Act to consolidate and revise the law relating to planning and development; to provide for proper planning and sustainable development in the interests of the common good; to provide for the licensing of events and control of funfairs; for those purposes to repeal and replace the Planning and Development Act 2000 and amend certain other enactments; for purposes unrelated to the foregoing, to amend the Residential Tenancies Act 2004 , the Residential Tenancies (Amendment) Act 2019 , the Land Development Agency Act 2021 and the National Asset Management Agency Act 2009 ; ao provide for matters connected therewith.

[17th October, 2024]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

Short title and commencement

1. (1) This Act may be cited as the Planning and Development Act 2024.

(2) Part 25 shall be included in the collective citation the Residential Tenancies Acts 2004 to 2024.

(3) This Act shall, subject to subsection (4), come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed—

(a) for different purposes or provisions,

(b) for the repeal of different provisions of the Act of 2000 effected by section 6 , and

(c) for the amendment of different provisions (including the amendment of different provisions for different purposes) of the enactments specified in Schedule 7 effected by section 631 .

(4) Part 25 shall come into operation on the day immediately following the passing of this Act.

Definitions

2. In this Act—

“abstraction” has the meaning assigned to it by the Water Environment (Abstractions and Associated Impoundments) Act 2022 ;

“abstraction licence” means a licence under Part 5 of the Water Environment (Abstractions and Associated Impoundments) Act 2022 ;

“acquisition of a maritime site” has the meaning assigned to it by section 422 ;

“acquisition of land” has the meaning assigned to it by section 409 and includes, in sections 264 , 591 and 622 , and paragraph (a) of the definition of “public infrastructure and facilities” in subsection (1) of section 584 , an acquisition of a maritime site (and, accordingly, references to “land” in sections 264 , 591 and 622 , and that paragraph (a), shall include references to “maritime site”);

“Act of 1933” means the Foreshore Act 1933 ;

“Act of 1963” means the Local Government (Planning and Development) Act 1963 ;

“Act of 1972” means the European Communities Act 1972 ;

“Act of 1990” means the Local Government (Planning and Development) Act 1990 ;

“Act of 2000” means the Planning and Development Act 2000 ;

“Act of 2001” means the Local Government Act 2001 ;

“Act of 2021” means the Maritime Area Planning Act 2021 ;

“advertisement” means—

(a) any word or letter,

(b) any balloon, inflatable structure or kite, or

employed for the purpose of advertising, the making of an announcement or the giving of direction;

“advertisement structure” means—

(a) any structure that is—

(i) a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not), and

(ii) used or intended for use for exhibiting advertisements,

(b) any attachment to a building or structure used for advertising purposes;

“agriculture” includes—

(a) horticulture,

(b) fruit growing,

(d) dairy farming,

(e) the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land),

(f) the training of horses,

(g) the rearing of bloodstock, and

(h) the use of land—

(i) as grazing land, meadow land or osier land,

(ii) for market gardening, or

(iii) as nursery grounds;

“alteration” includes, in relation to a structure—

(a) plastering or painting,

(b) the removal of plaster or stucco, and

that materially alters the external appearance of a structure so as to render the appearance inconsistent with the character of the structure or neighbouring structures;

“appropriate assessment” means—

(a) in relation to a plan, an assessment carried out in accordance with section 205 , and

(b) in relation to development or proposed development, an assessment carried out in accordance with section 217 ;

“approved housing body” has the meaning assigned to it by the Housing (Regulation of Approved Housing Bodies) Act 2019 ;

“approved local newspaper” means, in relation to the functional area of a planning authority—

(a) a publication (other than an online publication or online version of a publication) that—

(i) circulates in the functional area of the planning authority, and

(ii) is approved in a prescribed manner by the planning authority for the purposes of this Act,

(b) an online publication, or online version of a publication, approved in a prescribed manner by the planning authority for the purposes of this Act;

“architectural conservation area” means—

(a) a place, area, group of structures or townscape to which an objective referred to in section 331 applies, or

(b) an architectural conservation area (within the meaning of the Act of 2000) to which an objective in a development plan under the Act of 2000, that continues in force by virtue of section 68 , applies;

“area of special planning control” means—

(a) an architectural conservation area, or

(b) a part of an architectural conservation area,

to which a special planning control scheme applies;

“attendant grounds” includes, in relation to a structure, land outside the curtilage of the structure;

“Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009¹ on the conservation of wild birds;

“chief executive” means, subject to section 633 , in relation to a local authority (including a local authority when performing the functions of a planning authority), the chief executive appointed under Chapter 2 of Part 14 (inserted by section 54 of the Local Government Reform Act 2014 ) of the Act of 2001;

“Chief Planning Commissioner” means the Chief Planning Commissioner of the Commission appointed under section 506 or 509 ;

“city” means—

(a) the administrative area of a city council (within the meaning of the Act of 2001), or

(b) a municipal district that includes an area that, by virtue of subsection (6) of section 10 of the Local Government Act 2001 , may continue to be described as a city;

“climate change adaptation and mitigation” means the taking of measures to mitigate and manage the impact of climate change;

“coastal planning authority” has the meaning assigned to it by the Act of 2021;

“Commission” means An Coimisiún Pleanála;

“Commissioners” means the Commissioners of Public Works in Ireland;

“company” has the meaning assigned to it by the Companies Act 2014 ;

“coordinated area plan” has the meaning assigned to it by section 73 ;

“cost rental housing” means housing comprising cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021 ;

“Deputy Chief Planning Commissioner” means—

(a) the person who, by virtue of subsection (5) of section 495 , continues in office for the time being as Deputy Chief Planning Commissioner of the Commission on and after the commencement of section 495 , or

(b) the Deputy Chief Planning Commissioner of the Commission appointed under section 506 or 509 ,

as the case may be;

“development” means—

(a) the carrying out of works—

(i) on, in, over or under land, or

(ii) on, in, over or under the maritime area,

(b) the making of a material change in the use of—

(i) land or any structure on land, or

(ii) the sea, seabed or any structure, in the maritime area,

and includes the reclamation of land in the nearshore area;

“development plan” shall be construed in accordance with Chapter 5 of Part 3 ;

“development scheme” means a development scheme made or deemed to have been made under section 609 ;

“electronic form” means information that is generated, communicated, processed, sent, received, recorded, stored or displayed—

(a) by electronic means (including electrical, digital, magnetic, optical electro magnetic, biometric and photonic means), or

(b) by means of any other related technology,

and is capable of being used to make a legible copy or reproduction of that information, but does not include information communicated in the form of speech;

“enactment” means—

(a) an Act of the Oireachtas (or any provision thereof) for the time being in force,

(b) a statute (or any provision thereof) that continues to have full force and effect by virtue of Article 50 of the Constitution, or

(i) for the time being in force, and

(ii) made under an Act of the Oireachtas or any such statute;

“environmental impact assessment” means an assessment carried out in accordance with section 236 ;

“Environmental Impact Assessment Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011² on the assessment of the effects of certain public and private projects on the environment;

“environmental impact assessment report” means an environmental impact assessment report prepared and submitted under section 234 ;

“environmental report” means an environmental report prepared in accordance with Article 5 of the Strategic Environmental Assessment Directive;

“European site” means—

(a) a site that has been included in the list of sites of Community importance, as adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive,

(b) a site—

(i) in respect of which the Minister has given notice under regulations under the Act of 1972 of its possible eligibility for identification as a site of Community importance pursuant to paragraph 1 of Article 4 of the Habitats Directive, and

(ii) that has not yet been adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive,

(i) included in a list transmitted to the European Commission in accordance with paragraph 1 of Article 4 of the Habitats Directive, or

(ii) added to that list in accordance with Article 5 of the Habitats Directive,

but that has not yet been adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive,

(d) a site that is subject to a consultation procedure in accordance with paragraph 1 of Article 5 of the Habitats Directive,

(e) a site in relation to which a Council decision is pending in accordance with paragraph 3 of Article 5 of the Habitats Directive,

(f) a site that has been designated by the Minister as a special area of conservation for the purposes of paragraph 4 of Article 4 of the Habitats Directive,

(g) an area classified by the Minister for the purposes of paragraph 1 or 2 of Article 4 of the Birds Directive as a special protection area, or

(h) an area in respect of which the Minister has given notice pursuant to regulations under the Act of 1972 of his or her opinion that the site may be eligible for classification as a special protection area pursuant to Article 4 of the Birds Directive where there has been no public notification of the making of a decision by that Minister to classify or not to classify that area as a special protection area;

“European Union” has the meaning assigned to it by the Act of 1972;

“exempted development” means—

(a) development of a class prescribed under section 9 , or

(b) development that is exempted development by virtue of section 152 ;

“exhibit” includes, in relation to an advertisement—

(a) affix,

(b) inscribe,

(d) paint,

(e) illuminate, and

(f) otherwise delineate;

“fence” includes a hoarding or similar structure but does not include a bank, wall or other similar structure composed wholly or mainly of earth or stone;

“foreshore” has the meaning assigned to it by the Act of 1933;

“functional area” means (except in Part 3 )—

(a) in relation to a planning authority (other than a coastal planning authority), its administrative area for the purposes of the Act of 2001, and

(b) in relation to a planning authority that is a coastal planning authority, its administrative area for the purposes of the Act of 2001 and its nearshore area;

“Gaeltacht” means—

(a) a Gaeltacht area within the meaning of the Gaeltacht Act 2012 , or

(b) a Gaeltacht Language Planning Area within such meaning;

“Governing Board” has the meaning assigned to it by section 497 ;

“habitable house” means—

(a) a house that is used as a dwelling,

(b) a house (other than a house that is, or forms part of, a derelict site within the meaning of the Derelict Sites Act 1990 ) that is not in use but was most recently used (disregarding any unauthorised use) as a dwelling, or

“Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992³ on the conservation of natural habitats and of wild fauna and flora;

“house” means a building or part of a building that—

(a) is, or was most recently, occupied as a dwelling,

(b) was most recently provided for use as a dwelling but has not been occupied as a dwelling, or

(c) in the case of a building or part of a building containing more than one apartment, flat or other dwelling, each such apartment, flat or dwelling;

“housing development strategy” means a strategy prepared under section 46 or 47 and included in a development plan in accordance with paragraph (b) of subsection (1) of section 43 ;

“housing strategy” means a strategy prepared under section 242 ;

“industrial emissions licence” means a licence under Part IV of the Environmental Protection Agency Act 1992 for the carrying on of an industrial emissions directive activity (within the meaning of that Act);

“integrated pollution control licence” means a licence (other than an industrial emissions licence) under Part IV of the Environmental Protection Agency Act 1992 ;

“land” includes any structure and any land covered with water, but does not include the maritime area (other than reclaimed land) or any part of the maritime area (other than a part of the maritime area that is reclaimed land);

“land-based development” means—

(a) the carrying out of works on, in, over or under land, or

(b) the making of a material change in the use of land or any structure on land;

“landscape” has the meaning assigned to it by the European Landscape Convention done at Florence on 20 October 2000;

“local authority” has the meaning assigned to it by the Act of 2001;

“major accident” has the meaning assigned to it by the Seveso III Directive;

“major accident establishment” means—

(a) an existing establishment within the meaning of the Seveso III Directive, or

(b) a new establishment within the meaning of the Seveso III Directive;

“maritime area” has the meaning assigned to it by the Act of 2021;

“maritime area consent” has the meaning assigned to it by the Act of 2021;

“Maritime Area Regulatory Authority” has the meaning assigned to it by the Act of 2021;

“maritime development” means—

(a) the carrying out of any works on, in, over or under the maritime area, or

(b) the making of any material change in the use of the sea, seabed or any structure, in the maritime area,

and includes the reclamation of any land in the nearshore area;

“maritime site” means a part of the maritime area, and includes—

(a) the waters of that part of the maritime area,

(b) the seabed in that part of the maritime area, and

“maritime spatial plan” has the meaning assigned to it by the Act of 2021;

“maritime spatial planning” means—

(a) maritime spatial planning within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014⁴ establishing a framework for maritime spatial planning, and

(b) land-sea interactions within the meaning of that Directive;

“mine” means an excavation or system of excavations made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;

“minerals” includes stone, slate, clay, gravel, sand and other natural deposits but does not include peat;

“Minister” means the Minister for Housing, Local Government and Heritage;

“mortgage loan” means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house;

“municipal district” has the meaning assigned to it by section 22A (inserted by the Local Government Reform Act 2014 ) of the Local Government Act 2001 ;

“national climate objective” has the meaning assigned to it by the Climate Action and Low Carbon Development Act 2015 ;

“National Marine Planning Framework” has the meaning assigned to it by the Act of 2021;

“national newspaper” means—

(a) a publication (other than an online publication or online version of a publication) that—

(i) circulates generally in the State, and

(ii) is prescribed by the Minister for the purposes of this Act,

(b) an online publication, or online version of a publication, prescribed by the Minister for the purposes of this Act;

“National Planning Framework” means the National Planning Framework (including the first National Planning Framework in accordance with paragraph (b) of subsection (6) of section 21 ) for the time being in force under section 21 ;

“National Planning Policies and Measures” has the meaning assigned to it by paragraph (a) of subsection (1) of section 25, and includes any specific planning policy requirements referred to in subsection (1C) of section 28 of the Act of 2000 for the time being in force by virtue of subsection (1) of section 27 ;

“National Planning Policy Guidance” has the meaning assigned to it by paragraph (b) of subsection (1) of section 25 ;

“National Planning Statement” has the meaning assigned to it by subsection (1) of section 25 ;

“Natura 2000 network” shall be construed in accordance with paragraph 1 of Article 3 of the Habitats Directive;

“Natura impact report” means a report prepared for the purposes of Article 6 of the Habitats Directive setting out the implications of a plan, whether on its own or in combination with other plans or projects, for any European site on which the plan may have significant effects, having regard to the conservation objectives in relation to that site;

“Natura impact statement” means a statement prepared for the purposes of Article 6 of the Habitats Directive setting out the implications of a project, whether on its own or in combination with other plans or projects, for any European site on which the project may have significant effects, having regard to the conservation objectives in relation to that site;

“nearshore area” has the meaning assigned to it by the Act of 2021;

“newspaper” means a national newspaper or an approved local newspaper;

“objectives of maritime spatial planning” means—

(a) those matters to which the State is required, in accordance with paragraph 1 of Article 5 of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014⁵ establishing a framework for maritime spatial planning, to give consideration when establishing and implementing maritime spatial planning,

(b) those matters to which the State is required, in accordance with paragraph 2 of the said Article 5, to aim to contribute through maritime spatial plans, and

(c) objectives that the State is, for the time being, seeking to pursue in accordance with the second sentence of the said paragraph 2;

“occupier” means—

(a) in relation to land, a person who—

(i) is in occupation of the land,

(ii) is entitled to the immediate use, enjoyment or control of the land, or

(iii) is in control of the land,

(b) in relation to a maritime site, a person who is the holder of—

(i) a maritime area consent granted for the occupation of the maritime site,

(ii) a lease under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site,

(iii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of development on, in, over, under or otherwise in relation to, the maritime site, or

(iv) a licence under Part 5 of the Act of 2021 granted for a Schedule 7 usage within the meaning of that Part,

(i) is entitled to the immediate use, enjoyment or control of the structure, or

(ii) is in control of the structure;

“ordinary planning commissioner” means—

(a) a person who, by virtue of subsection (5) of section 495 , continues in office for the time being as an ordinary planning commissioner of the Commission on and after the commencement of section 495 , or

(b) an ordinary planning commissioner of the Commission appointed under section 507 or 509 ;

“outer maritime area” means that part of the maritime area that is not within the nearshore area of any coastal planning authority;

“owner” means—

(a) in relation to land, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let,

(b) in relation to any part of the maritime area that does not vest in a Minister of the Government, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of that part or, where that part is not let at a rack rent, would be so entitled if it were so let, and

“permission” means—

(a) permission for development under Chapter 3 or 4 of Part 4 ,

(b) retention permission under Chapter 3 of Part 4 ,

(d) an alteration or extension of duration of a permission under Chapter 5 of Part 4 ;

“planning application” means an application for permission;

“planning authority” means a local authority;

“Planning Commissioners” shall be construed in accordance with section 505 ;

“Planning Regulator” means—

(a) the person who, immediately before the repeal of Part IIB of the Act of 2000, was the Planning Regulator, or

(b) where a person stands appointed to be the Planning Regulator under section 540 , that person;

“planning scheme” means a scheme under section 593 ;

“prescribed” means (except in Chapter 2 of Part 9 ) prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly;

“priority area plan” has the meaning assigned to it by section 72 ;

“proposed protected structure” means a structure specified in a notice under—

(a) subsection (4) of section 55 or subsection (2) of section 309 , or

(b) subsection (3) of section 12 or subsection (1) of section 55 of the Act of 2000,

and includes—

(i) the interior of the structure,

(ii) the land lying within the curtilage of the structure,

(iii) any other structures, and their interiors, lying within that curtilage, and

(iv) any feature of the structure that is within the attendant grounds of the structure;

“protected structure” means a structure, or part of a structure, specified in a record of protected structures, and includes—

(a) the interior of the structure,

(b) the land lying within the curtilage of the structure,

(d) any feature of the structure that—

(i) is within the attendant grounds of the structure, and

(ii) is specified in a record of protected structures;

“protection” includes, in relation to a structure or part of a structure, conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part;

“public body” means—

(a) a public authority within the meaning of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark, on 25 June 1998, or

(b) such other body as may be prescribed;

“public place” means any street, road, seashore or other place to which the public have access whether as of right or by consent and whether subject to a charge or free of charge;

“public road” has the meaning assigned to it by the Roads Act 1993 ;

“record of protected structures” has the meaning assigned to it by section 306 ;

“regional assembly” means a body established in accordance with section 43 of the Local Government Act 1991 ;

“regional spatial and economic strategy” has the meaning assigned to it by section 28 ;

“register” has the meaning assigned to it by section 382 ;

“reserved function” has the meaning assigned to it by the Act of 2001;

“retention permission” means permission for retention of development that, immediately before the grant of such permission, was unauthorised development;

“retrospective consent” means retention permission for development in respect of which an appropriate assessment or an environmental impact assessment is required;

“road” has the meaning assigned to it by the Roads Act 1993 ;

“seashore” has the meaning assigned to it by the Act of 1933;

“Seveso III Directive” means Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012⁶ on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC;

“share” means share in the share capital of a company, and includes stock;

“special planning control scheme” has the meaning assigned to it by subsection (8) of section 336 ;

“State authority” means, subject to subsection (8) of section 155 —

(a) a Minister of the Government, or

(b) the Commissioners of Public Works in Ireland;

“statutory undertaker” means a person authorised under any enactment to—

(a) construct or operate a railway, canal, inland navigation, dock, harbour or airport,

(b) carry out works for the provision of water, gas, electricity, telecommunications or wastewater services, or cause such works to be carried out, or

“strategic development zone” means a site or sites to which a planning scheme under section 169 of the Act of 2000 applies;

“strategic environmental assessment” means an environmental assessment carried out in accordance with the Strategic Environmental Assessment Directive and the Strategic Environmental Regulations;

“Strategic Environmental Assessment Directive” means Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001⁷ on the assessment of the effects of certain plans and programmes on the environment;

“Strategic Environmental Assessment Regulations” means regulations for the time being in force made under any enactment (including section 20 ) giving effect or further effect to the Strategic Environmental Assessment Directive;

“structure” means—

(a) a building, edifice, construction, excavation, or other thing constructed or made on, in or under any land, or a maritime site, or any part thereof, or

(b) the land or maritime site on, in or under which such building, edifice, construction, excavation, other thing or part is situated;

“student accommodation” means a building or part thereof used, or intended to be used, for the sole purpose (subject to paragraph (b)) of providing residential accommodation to students during academic term times, whether or not provided by a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 ), and that is not used, or intended to be used—

(a) as permanent residential accommodation, or

(b) as a hotel, hostel, apart-hotel or similar type accommodation other than for the purposes of providing residential accommodation to tourists or visitors outside of academic term times;

“town” means a municipal district that has a population greater than 2,000;

“Transboundary Convention” means the Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland) on 25 February 1991;

“Transboundary Convention state” means a state (other than the State) that is a contracting party to the Transboundary Convention;

“unauthorised development” means, in relation to land or a maritime site—

(a) unauthorised works (including the construction, erection or assembly of an unauthorised structure), or

(b) an unauthorised use;

“unauthorised structure” means a structure on, in, over or under land or a maritime site, other than—

(a) exempted development,

(b) development carried out in accordance with—

(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act,

(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000,

(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or

(iv) a permission granted under Part 4 ,

(d) development required by—

(i) a notice under section 339 ,

(ii) an order under section 341 ,

(iii) an enforcement notice under section 350 , or

(iv) a planning injunction under section 351 ,

(e) development carried out in accordance with—

(i) a licence under section 13 , or

(ii) a licence under section 254 of the Act of 2000;

“unauthorised use” means, in relation to land or a maritime site, a use that is a material change in use of the land or maritime site, other than—

(a) exempted development, or

(b) development carried out in accordance with—

(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act,

(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000,

(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or

(iv) a permission granted under Part 4 ,

(d) development required by—

(i) a notice under section 339 ,

(ii) an order under section 341 ,

(iii) an enforcement notice under section 350 , or

(iv) a planning injunction under section 351 ,

(e) development carried out in accordance with—

(i) a licence under section 13 , or

(ii) a licence under section 254 of the Act of 2000;

“unauthorised works” means any works on, in, over or under land or a maritime site, other than—

(a) exempted development,

(b) development carried out in accordance with—

(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act,

(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000,

(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or

(iv) a permission granted under Part 4 ,

(d) development required by—

(i) a notice under section 339 ,

(ii) an order under section 341 ,

(iii) an enforcement notice under section 350 , or

(iv) a planning injunction under section 351 ,

(e) development carried out in accordance with—

(i) a licence under section 13 , or

(ii) a licence under section 254 of the Act of 2000;

“urban area plan” has the meaning assigned to it by subsection (1) of section 71 ;

“urban development zone” means a site to which an order under section 621 applies;

“use” does not include the carrying out of works;

“warning letter” means a letter served in accordance with section 349 ;

“waste licence” means a waste licence under Part V of the Waste Management Act 1996 ;

“waste water discharge licence” means a licence under the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 );

“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000⁸ establishing a framework for Community action in the field of water policy;

“works” includes an act or operation—

(a) of construction, excavation, demolition, extension, alteration, repair or renewal (including in relation to a protected structure, a proposed protected structure or a structure situated in an architectural conservation area), on, in, over or under land or a maritime site,

(b) consisting of the application of plaster, paint, wallpaper, tiles or other material to the surface of a protected structure or proposed protected structure or the removal of plaster, paint, wallpaper, tiles or other material from such surface, and

(c) consisting of the application of plaster, paint, wallpaper, tiles or other material to the exterior of a structure situated in an architectural conservation area or the removal of plaster, paint, wallpaper, tiles or other material from such exterior.

Construction of reference to act of institution of European Community or European Union

3. (1) For the purposes of this Act, a reference to an act adopted by an institution of the European Community or the European Union is a reference to that act as amended by any other act adopted by an institution of the European Community or European Union that has effect for the time being.

(2) For the purposes of subsection (1), an act adopted by an institution of the European Union amending an act referred to in that subsection does not have effect during the period beginning on the day on which the first-mentioned act was adopted and ending on the day immediately before the day by which the first-mentioned act is required to be transposed by the State.

Orders and regulations

4. (1) The Minister may by regulations provide for any matter referred to in this Act (other than Chapter 2 of Part 9 ) as prescribed or to be prescribed.

(2) Regulations under this Act (other than Chapter 2 of Part 9 ) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) The Minister shall, before making regulations under this Act, consult with any State authority in which functions vest that he or she considers are connected with the matters to which the proposed regulations relate.

(4) Where regulations are proposed to be made under—

(a) subsection (6),

(b) subsection (1) of section 9 , or

a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made unless and until a resolution approving the draft is passed by each such House.

(5) Every order (other than an order under subsection (3) of section 1 ) of the Minister and every regulation (other than a regulation referred to in subsection (4)) of the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(6) If, in any respect, any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may, by regulations, do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation, and any such regulations may modify any provision of this Act in so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Act after the expiration of 3 years commencing on the day on which the provision comes into operation.

Expenses

5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

Repeal

6. The Act of 2000 is repealed.

PART 2

Concept of Development

Material change in use

7. For the purposes of this Act, material change in use of land or a maritime site includes—

(a) a change in the use of land or a maritime site, or any structure on land or a maritime site, to, or by the addition of, a use that consists of or includes the exhibition of advertisements,

(b) a change in the use of land or a maritime site to, or by the addition of, a use that consists of or includes the—

(i) placing or keeping of vans, tents or other objects (whether or not moveable and whether or not collapsible) for the purpose of caravanning, camping, habitation or selling goods or services,

(ii) storage of caravans or tents, or

(iii) deposit of vehicles (whether or not usable in accordance with the purpose for which they were constructed or most recently used), old metal, mining or industrial waste, builder’s waste, rubbish or debris,

(c) a change in use of a house or part of a house that was most recently used as a single dwelling to a use as 2 or more dwellings,

(d) a change in use of a house or part of a house situated in a rent pressure zone (within the meaning of section 8 ) to a use for short-term letting (within the meaning of section 8 ) purposes,

(e) in respect of premises used for retail purposes, a change in use from a prescribed retail purpose to another prescribed retail purpose,

(f) in respect of premises used for industrial purposes, a change in use from a prescribed industrial purpose to another prescribed industrial purpose, and

(g) such change of land or a maritime site from one use to another use as may be prescribed.

Short-term lettings

8. (1) In this section—

“rent pressure zone” means—

(a) any area standing prescribed for the time being under section 24A of the Residential Tenancies Act 2004 , or

(b) an administrative area deemed to be a rent pressure zone under section 24B of that Act;

“short-term letting” means the letting of a house or part of a house for any period not exceeding 14 days, and includes a licence that permits the licensee to enter and reside in the house or part thereof for any such period in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor.

(2) For the purposes of this section, the Minister may make regulations requiring such persons as are specified in the regulations to provide a planning authority with such information as may be so specified and at such intervals as may be so specified in relation to short-term lettings in the functional area of the planning authority.

(3) A person who contravenes a provision of regulations under this section that is described in the regulations as a penal provision shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.

(4) This section shall not operate to abrogate or amend the law with regard to—

(a) lettings (including short-term lettings) outside a rent pressure zone, or

(b) lettings (other than short-term lettings) in a rent pressure zone.

Exempted development

9. (1) Subject to subsections (3), (4), (6) and (7) the Minister may by regulations provide that development belonging to any class of development (including development commenced on or after the coming into operation of this section that would, but for the repeal of section 4 of the Act of 2000, be exempted development within the meaning of that Act) prescribed by the regulations is exempted development for the purposes of this Act where—

(a) he or she is of the opinion that, by reason of the size, nature or limited effect on its surroundings, of development belonging to that class, the carrying out of such development would not offend against principles of proper planning and sustainable development or maritime spatial planning, or

(b) he or she is satisfied that—

(i) such development or development of such class is authorised or permitted, or required to be authorised or permitted, by or under any enactment in accordance with a licence, consent, approval or other type of authorisation or permission (howsoever described), and

(ii) consultation with members of the public in relation to such development or development of such class is, in accordance with any enactment, required before the development may be so authorised or permitted.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide that—

(a) development of such class as is specified in the regulations,

(b) development of such class as is specified in the regulations situated in such place or area as is so specified,

(c) development of such class as is specified in the regulations that is compliant with such conditions as are so specified,

(d) the change (whether for a definite period or an indefinite period) in use of land or a maritime site, or any structure on land or a maritime site, of such class as is specified in the regulations to such use as is so specified, or

(e) development of such class as is specified in the regulations carried out by such person, or persons belonging to such class, as is so specified,

is exempted development for the purposes of this Act.

(3) Development shall not be exempted development for the purposes of this Act if an environmental impact assessment or an appropriate assessment of the development is required.

(4) Development (other than development that is exempted development by virtue of subsection (1) or (2) of section 152 ) shall not be exempted development for the purposes of this Act if—

(a) in the case of a protected structure or a proposed protected structure, it materially affects or would materially affect the character of—

(i) the structure, or

(ii) any element of the structure that contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest,

(b) it is situated, or proposed to be situated, in an area of special planning control and it contravenes or would, if carried out, contravene a special planning control scheme applying to that area, or

(c) in the case of development carried out or proposed to be carried out to the exterior of a structure situated in an architectural conservation area, it materially affects or would, if carried out, materially affect the character of that area.

(5) Development shall not be exempted development for the purposes of this Act if it consists of any works to, or change in use of, an unauthorised development.

(6) Notwithstanding subsection (3), the Minister may make regulations prescribing development or any class of development, in respect of which an appropriate assessment or an environmental impact assessment is required, to be exempted development if—

(a) such development or development of such class is authorised or permitted, or required to be authorised or permitted, by or under any enactment (other than this Act) in accordance with a licence, consent, approval or other type of authorisation or permission (howsoever described), and

(b) in accordance with any such enactment, an appropriate assessment or an environmental impact assessment of that development or development of that class is required to be carried out before the development may be so authorised or permitted.

(7) Where the Minister proposes to make regulations under this section and considers that the proposed regulations are likely to affect the performance by a State authority of its functions, he or she shall, before making the regulations, consult with that State authority in relation to the proposed regulations.

(8) Development carried out or commenced before the commencement of this section that was exempted development for the purposes of the Act of 2000 shall be exempted development for the purposes of this Act.

(9) Development in accordance with a notice under subsection (1) of section 59, or subsection (2) of section 60, of the Act of 2000 commenced on or after the repeal of that section by section 6 shall be exempted development for the purposes of this Act.

(10) Development to which—

(a) a declaration under subsection (4) or (4A) of section 181B of the Act of 2000 applies, or

(b) a declaration under subparagraph (i) of paragraph (ba) of subsection (2A) of section 181 of the Act of 2000 applies,

shall be exempted development for the purposes of this Act.

Declaration on development, exempted development, etc.

10. (1) In this section—

“relevant act or operation” means—

(a) in relation to the making of a request by a person referred to in paragraph (a) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on land owned by that person,

(b) in relation to the making of a request by a person referred to in paragraph (b) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on the maritime site concerned,

(c) in relation to the making of a request by a person referred to in paragraph (c) or (d) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on land by that person with the consent of the owner of the land,

(d) in relation to the making of a request by a person referred to in paragraph (e) or (f) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on the land or maritime site concerned, or

(e) in relation to the making of a request by a statutory undertaker, an act or operation carried out or proposed to be carried out on land or a maritime site by or on behalf of that statutory undertaker;

“relevant change in use” means—

(a) in relation to the making of a request by a person referred to in paragraph (a) of the definition of “relevant person”, a change in use or proposed change in use of land owned by that person,

(b) in relation to the making of a request by a person referred to in paragraph (b) of the definition of “relevant person”, a change in use or proposed change in use of the maritime site concerned,

(c) in relation to the making of a request by a person referred to in paragraph (c) or (d) of the definition of “relevant person”, a change in use or proposed change in use of land by that person with the consent of the owner of the land, or

(d) in relation to the making of a request by a person referred to in paragraph (e) or (f) of the definition of “relevant person”, a change in use or proposed change in use of the land or maritime site concerned;

“relevant person” means—

(a) the owner of land,

(b) a person who, in accordance with subsection (2) of section 85 , is eligible to make an application for permission for maritime development under Chapter 3 or 4 of Part 4 ,

(i) carries out or proposes to carry out an act or operation on the land, or

(ii) makes or proposes to make a change in use of the land,

with the consent of the owner of the land,

(d) a person (other than the person referred to in paragraph (c)) who—

(i) carries out or proposes to carry out an act or operation on the land, or

(ii) makes or proposes to make a change in use of the land,

with the consent of the owner of the land,

(e) a company within the meaning of the Companies Act 2014 —

(i) formed and registered not later than one year before the making of the request concerned,

(ii) whose constitution includes objects that relate to the promotion of environmental protection of relevance to the request concerned,

(iii) that has pursued those objects for a period of not less than one year before the making of the request concerned,

(iv) that has not fewer than 10 members at the time of the making of the request concerned, and

(v) that has passed a resolution—

(I) in accordance with the constitution of the company, and

(II) before the making of the request concerned,

authorising the company to make the request,

(f) a prescribed person.

(2) (a) Upon the payment of the prescribed fee, a relevant person or a statutory undertaker may, in relation to a relevant act or operation wholly outside the outer maritime area, make a request in writing to the planning authority within whose functional area the relevant act or operation is, or is proposed to be, carried out for a declaration on the question of—

(i) whether or not that act or operation constitutes or would constitute development, and

(ii) if it does or would constitute development, whether or not it constitutes or would constitute exempted development.

(b) Upon the payment of the prescribed fee, a relevant person may, in relation to a relevant change in use (wholly outside the outer maritime area), make a request in writing to the planning authority within whose functional area the relevant change in use is, or is proposed to be, made for a declaration on the question of—

(i) whether or not that change in use constitutes or would constitute development, and

(ii) if it does or would constitute development, whether or not it constitutes or would constitute exempted development.

(c) Upon the payment of the prescribed fee, a person who carries out or proposes to carry out development in accordance with a permission for such development granted under this Act or the Act of 2000 may, in relation to development (wholly outside the outer maritime area), make a request in writing to the planning authority within whose functional area the development is, or is proposed to be, situated for a declaration on any question relating to—

(i) the meaning or scope of the permission, or

(ii) any condition to which the permission is subject.

(3) (a) A request under subsection (2) shall be accompanied by all such information and documentation as is necessary to enable the planning authority to perform its functions under this section in relation to the request.

(b) For the purposes of the performance of its functions under this section, a planning authority may, by notice in writing, require a person who makes a request under subsection (2) to provide the planning authority with such further information and documentation as it may specify not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice.

(c) A planning authority may, for the purpose of the performance of its functions under this section, request a person (other than the person who made the request under subsection (2)) by notice in writing to provide the planning authority with such information and documentation as is specified in the notice not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice.

(4) Where a relevant person requests a declaration under subsection (2) in respect of land or a maritime site and the relevant person is not the owner of that land or maritime site, that relevant person shall, when making the request, notify the owner of the land or maritime site, as the case may be, in writing of the making of the request.

(5) A planning authority shall, when making a declaration under this section, have regard to the declarations contained in the copies of the records forwarded to it in accordance with paragraph (d) of subsection (10).

(6) A planning authority shall, not later than the period of—

(a) 8 weeks from its receiving a request under subsection (2), or

(b) 3 weeks from the expiration of the period or periods specified in a notice or notices under paragraph (b) or (c) of subsection (3),

whichever occurs later, decide whether or not it has sufficient information to enable it to make a declaration under this section and, if it decides that it does have such sufficient information, it shall, within that period, make a declaration in relation to the request concerned and forward the declaration and the main reasons and considerations on which it is based—

(i) to the person who made that request, and

(ii) where that person is not the owner or occupier of land to which the request relates, to such owner or occupier.

(7) Where a planning authority decides under subsection (6) that it does not have sufficient information to make a declaration under this section—

(a) it shall, by notice in writing, inform the person who made the request under subsection (2), and

(b) the request shall be deemed to have been withdrawn on the date specified in that notice.

(8) (a) A person (in this subsection referred to as the “appellant”) to whom a declaration has been forwarded in accordance with subsection (6) may, not later than 4 weeks from the date of the declaration and on payment to the Commission of such fee as may be approved under section 381 , appeal the declaration to the Commission.

(b) An appellant may withdraw an appeal under this subsection before the appeal is determined by the Commission.

(c) Subject to paragraphs (d), (e), (f), (g) and (h), this section shall apply to the Commission in relation to an appeal as it applies to a planning authority in relation to a request under subsection (2), and for the purposes of such appeal—

(i) references in that subsection to a request under that subsection shall be construed as references to an appeal under this section,

(ii) references in this section to a person who made such a request shall be construed as references to the appellant, and

(iii) references in this section to the planning authority shall be construed as references to the Commission,

and a declaration of the Commission, or a decision of the Commission under subsection (6) that it does not have sufficient information to make a declaration under this section, in relation to an appeal under this section shall operate to annul the declaration of the planning authority from which the appeal was brought.

(d) For the purposes of the performance of its functions under this section in relation to an appeal, the Commission may, by notice in writing, require the appellant to provide it with such information and documentation as is specified in the notice within such period (which shall not be later than 2 weeks from the date of the service of the notice) as is so specified.

(e) Notwithstanding the failure of the appellant to comply with a requirement in a notice under paragraph (d), the Commission may give a declaration in relation to the request concerned under subsection (2) where it is satisfied that it has sufficient information in relation to the matter to enable it to do so.

(f) For the purposes of the performance of its functions under this section in relation to an appeal, the Commission may, by notice in writing, request a person (other than the person who made the request under subsection (2)) to provide it with such information and documentation as is specified in the notice not later than 2 weeks from the date of the notice.

(g) Notwithstanding the failure of a person to whom a notice has been given under paragraph (f) to accede to the request in the notice, the Commission may make a declaration in relation to the request concerned under subsection (2) where it is satisfied that it has sufficient information in relation to the matter to enable it to do so.

(h) The Commission shall determine an appeal under this section within the period specified under section 361 .

(9) Particulars of every declaration under this section of a planning authority or the Commission in relation to a request under subsection (2) shall be entered in the register.

(10) (a) In this subsection—

“decision” means—

(i) in relation to the consideration by a planning authority of a request under subsection (2), the declaration made by the planning authority in relation to that request, and

(ii) in relation to the consideration by the Commission of an appeal under this section—

(I) a decision to dismiss the appeal, or

(II) a declaration under this section;

“relevant documents” means a copy of the question set out in the request under subsection (2) and any information, particulars, evidence, written study or further information received or obtained from—

(i) the person who made the request under that subsection or the person who brought the appeal under subsection (8), as the case may be,

(ii) any other person,

(iii) a copy of any report prepared by or on behalf of the planning authority or the Commission, as may be appropriate, in relation to the request or appeal, or

(iv) a copy of the decision.

(b) The Commission shall keep a record of each appeal under this section, including the main reasons and considerations on which the declaration made in such appeal is based.

(c) Where the planning authority or the Commission makes a decision it shall, not later than 5 working days thereafter, cause the relevant documents to—

(i) be published on its internet website, and

(ii) be made available for inspection and purchase by members of the public during normal office hours at its offices during such period (which shall not be less than 8 weeks from the date of the making of the decision) as it considers appropriate.

(d) The Commission shall, from time to time and at least once a year, forward to each planning authority a copy of all records to which paragraph (b) applies made since—

(i) the commencement of this section, or

(ii) the most recent compliance by the Commission with this paragraph,

as may be appropriate.

(e) The Commission shall give a copy of a record to which paragraph (b) applies to the planning authority in relation to whose functional area the appeal concerned relates.

(11) (a) A planning authority shall, in the case of a declaration made upon a request under paragraph (a) or (b) of subsection (2) that the act, operation or change in use or proposed act, operation or change in use concerned constitutes or would constitute development, state—

(i) whether or not the development or proposed development is likely to have significant effects on the environment (including by virtue of its nature, size and location) and requires the carrying out of an environmental impact assessment, and

(ii) whether or not the development or proposed development, either individually or in combination with any plan or project (within the meaning of the Habitats Directive), is likely to have significant effects on a European site and requires the carrying out of an appropriate assessment.

(b) The Commission shall, in the case of a declaration made on an appeal under subsection (8) that the act, operation or change in use or proposed act, operation or change in use concerned constitutes or would constitute development, state—

(12) A person is not entitled to make a request under subsection (2) for a declaration in relation to a question that is, in substance, the same as a question in respect of which the planning authority or the Commission has already made a declaration (“first declaration”), unless there has been a material change in circumstances since the making of the first declaration.

(13) The Minister may prescribe additional, consequential or supplementary matters as regards procedures in respect of a request under subsection (2) or an appeal under subsection (8), including matters relating to—

(a) the submission of information to the planning authority or the Commission for those purposes,

(b) notifications to persons concerned with the declaration or decision, as the case may be, referred to in that subsection, or

(c) steps to be taken (including matters to which regard shall be had) in the course of the making of such declaration or decision.

(14) (a) The Minister may apply to the Commission under this subsection, without charge, for a declaration as to whether an activity requiring his or her consent—

(i) pursuant to a notification under paragraph (2) of regulation 4 of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ),

(ii) pursuant to a direction under paragraph (1) of regulation 28 or paragraph (1) of regulation 29 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ),

(iii) under any enactment—

(I) designating a site as a special area of conservation for the purposes of paragraph 4 of Article 4 of the Habitats Directive, or

(II) classifying a site as a special protection area for the purposes of paragraph 1 or 2 of Article 4 of the Birds Directive,

(iv) under section 19 of the Wildlife (Amendment) Act 2000 ,

comprises development that is not exempted development, and the Commission shall, not later than 18 weeks from the application by the Minister, make such declaration and inform that Minister of the declaration and the reasons for the declaration.

(b) An application from the Minister under this subsection shall include—

(i) all other information and documentation submitted with that application for consent,

(ii) the reasons why he or she considers that the activity may not be exempted development,

(iii) the opinion of the Minister as to whether an appropriate assessment is required, and the reasons for that opinion, and

(iv) the opinion of the Minister as to whether the development is likely to have significant effects on a European site or an area designated as a Natural Heritage Area under section 18 of the Wildlife (Amendment) Act 2000 and the reasons for that opinion, having regard to the purposes for which the site was designated.

(d) If the Minister fails to comply with a request under paragraph (c) within such period as is specified in the request or such further period as the Commission may agree, the application of the Minister under this subsection shall be deemed to be withdrawn, and the Commission shall inform the Minister accordingly.

(15) (a) Upon the payment of such fee as may be approved under section 381 , a relevant person or a statutory undertaker may, in relation to a relevant act or operation wholly or partly in the outer maritime area, make a request in writing to the Commission for a declaration on the question of—

(i) whether or not that act or operation constitutes or would constitute development, and

(ii) if it does or would constitute development, whether or not it constitutes or would constitute exempted development.

(b) Upon the payment of such fee as may be approved under section 381 , a relevant person may, in relation to a relevant change in use wholly or partly in the outer maritime area, make a request in writing to the Commission for a declaration on the question of—

(i) whether or not that change in use constitutes or would constitute development, and

(ii) if it does or would constitute development, whether or not it constitutes or would constitute exempted development.

(c) Upon the payment of such fee as may be approved under section 381 , a person who carries out or proposes to carry out development in accordance with a permission for such development granted under this Act or the Act of 2000 may, in relation to development wholly or partly in the outer maritime area, make a request in writing to the Commission for a declaration on any question relating to—

(i) the meaning or scope of the permission, or

(ii) any condition to which the permission is subject.

(16) This section shall apply in relation to a request under subsection (15) as if—

(a) in paragraph (a) of subsection (3)—

(i) “subsection (15)” were substituted for “subsection (2)”,

(ii) “the Commission” were substituted for “the planning authority”,

(b) in paragraph (b) of subsection (3)—

(i) “the Commission” were substituted for “a planning authority”,

(ii) “subsection (15)” were substituted for “subsection (2)”, and

(iii) “the Commission” were substituted for “the planning authority”,

(i) “The Commission” were substituted for “A planning authority”,

(ii) “subsection (15)” were substituted for “subsection (2)”, and

(iii) “the Commission” were substituted for “the planning authority”,

(d) in subsection (4), “subsection (15)” were substituted for “subsection (2)”,

(e) the following subsection were substituted for subsection (5):

“(5) The Commission shall, when making a declaration upon a request under subsection (15), have regard to all declarations contained in records to which paragraph (b) of subsection (10) applies.”,

(f) in subsection (6)—

(i) “The Commission” were substituted for “A planning authority”,

(ii) “subsection (15)” were substituted for “subsection (2)”, and

(iii) the following paragraph were substituted for subparagraph (ii):

“(ii) where that person is not the holder of a maritime area consent for the maritime site to which the request relates, the holder of such maritime area consent.”,

(g) in subsection (7)—

(i) “the Commission” were substituted for “a planning authority”, and

(ii) “subsection (15)” were substituted for “subsection (2)”,

(h) subsections (8) and (9) were deleted,

(i) the following subsection were substituted for subsection (10):

“(10) (a) In this subsection—

‘decision’ means in relation to the consideration by the Commission of a request under subsection (15), the declaration made by the Commission in relation to that request;

‘relevant documents’ means a copy of the question set out in the request under subsection (15) and any information, particulars, evidence, written study or further information received or obtained from—

(i) the person who made the request under that subsection,

(ii) any other person,

(iii) a copy of any report prepared by or on behalf of the Commission, or

(iv) a copy of the decision.

(b) The Commission shall keep a record of each declaration made in relation to a request under subsection (15), including the main reasons and considerations on which the declaration is based.

(c) Where the Commission makes a decision, it shall, not later than 5 working days thereafter, cause the relevant documents to—

(i) be published on its internet website, and

(j) the following subsection were substituted for subsection (11):

“(11) The Commission shall, in the case of a declaration made upon a request under paragraph (a) or (b) of subsection (15) that the act, operation or change in use or proposed act, operation or change in use concerned constitutes or would constitute development, state—

(a) whether or not the development or proposed development is likely to have significant effects on the environment (including by virtue of its nature, size and location) and requires the carrying out of an environmental impact assessment, and

(b) whether or not the development or proposed development, either individually or in combination with any plan or project (within the meaning of the Habitats Directive), is likely to have significant effects on a European site and requires the carrying out of an appropriate assessment.”,

(k) the following subsection were substituted for subsection (12):

“(12) A person is not entitled to make a request under subsection (15) for a declaration in relation to a question that is, in substance, the same as a question in respect of which the Commission has already made a declaration (‘first declaration’), unless there has been a material change in circumstances since the making of the first declaration.”,

and

(l) in subsection (13), “or (15),” were inserted after “(2)”.

Section 10 supplemental provision

11. (1) A relevant declaration shall be conclusive evidence of the matters stated therein in relevant proceedings brought by an enforcement authority (within the meaning of Part 11 ) or the Director of Public Prosecutions against a person who requested the relevant declaration under section 10 , unless—

(a) it is proved that—

(i) the person knowingly provided false or misleading information to the planning authority or the Commission, as the case may be, for the purposes of the making of the relevant declaration, and

(ii) the planning authority or the Commission, as the case may be, would not have made the relevant declaration had it been aware at the time of its making that the information was false or misleading,

(b) it is proved that—

(i) the person withheld information from the planning authority or the Commission, as the case may be, that he or she knew to be material to the question as to whether or not the act, operation or change in use concerned was development or exempted development, and

(ii) the planning authority or the Commission, as the case may be, would not have made the relevant declaration had the information not been so withheld.

(2) Subject to subsection (1), a relevant declaration shall not be admissible in evidence in any proceedings relating to the act, operation or change in use in respect of which the relevant declaration was made.

(3) In this section—

“relevant declaration” means—

(a) in relation to a change in use—

(i) a declaration by a planning authority under section 10 —

(I) that the change in use is not development or is exempted development, and

(II) that had not been annulled by the Commission under that section before the offence or contravention was alleged to have occurred,

(ii) a declaration by the Commission under that section that the change in use is not development or is exempted development,

(b) in relation to an act or operation—

(i) a declaration by a planning authority under section 10 that—

(I) the act or operation is not development or is exempted development, and

(II) had not been annulled by the Commission under that section before the offence or contravention was alleged to have occurred,

(ii) a declaration by the Commission under that section that the act or operation is not development or is exempted development;

“relevant proceedings” means—

(a) proceedings for an offence under section 347 or 350 , or

(b) proceedings under section 351 .

Saver for declarations under section 5 of Act of 2000

12. (1) A declaration under section 5 of the Act of 2000 made before its repeal by section 6 shall have effect on and after such repeal as if made under section 10 .

(2) Notwithstanding the repeal of section 5 of the Act of 2000 effected by section 6 , the Act of 2000 shall, subject to Part 17 , continue to apply and have effect in relation to a request, application or appeal under that section made before that repeal.

Licensing of appliances and cables, etc., on public roads

13. (1) In this section “network operator” means a person providing, or authorised to provide—

(a) a public electronic communications network, within the meaning of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018⁹ establishing the European Electronic Communications Code, or

(b) any associated facilities within such meaning.

(2) Subject to subsections (3) and (12), a person shall not erect, construct, place or maintain—

(a) a vending machine,

(b) a town or landscape map for indicating directions or places,

(d) an advertisement structure,

(e) a cable, wire, duct or pipeline,

(f) electronic communications infrastructure or any associated physical infrastructure, whether overground or underground,

(g) a telephone kiosk or pedestal, or

(h) such other appliance, apparatus or structure as may be prescribed,

on, under, over or along a public road, save in accordance with a licence granted by a planning authority under this section.

(3) This section shall not apply to—

(a) an appliance, apparatus or structure that is authorised in accordance with a permission granted under Part 4 ,

(b) a temporary hoarding, fence or scaffold erected in accordance with a condition of permission granted under that Part,

(c) the erection, construction, placing or maintenance under a public road of a cable, wire, duct or pipeline by a statutory undertaker, or

(d) the carrying out of works in respect of which an appropriate assessment or an environmental impact assessment is required under Part 6 .

(4) (a) A person may, in such form and manner (including by electronic means) as may be prescribed, apply to a planning authority for—

(i) a licence under this section,

(ii) the continuation of a licence granted under this section, or

(iii) the continuation of a licence referred to in subsection (1) of section 14 , in force on the date of the making of the application concerned,

and the application shall be accompanied by—

(I) such fee as may be prescribed,

(II) such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subsection (2) as the planning authority may require, and

(III) such other information as may be prescribed.

(b) Applicants for licences under this section for appliances, apparatuses or structures of such class or classes as may be prescribed shall give notice of such applications to the public in such manner and form as may be prescribed.

(c) A planning authority may require any person who made an application under paragraph (a) to submit further information with regard to the position, design and capacity of the appliance, apparatus or structure concerned for the purpose of enabling the planning authority to determine the application.

(d) Where a request for further information is not complied with within the period of 6 months from the date of the request for further information, or such additional period, not exceeding 3 months, as may be agreed with the planning authority, the application concerned shall be deemed to be withdrawn and the planning authority shall, as soon as may be thereafter, notify the applicant that the application is deemed to be withdrawn.

(5) A planning authority may, upon an application under this section—

(a) grant a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify,

(b) grant a continuation of a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify,

(c) grant a continuation of a licence referred to in subsection (1) of section 14 in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify, or

(d) refuse to grant such licence or continuation.

(6) Where, in the opinion of the planning authority, an appliance, apparatus or structure for which a licence has been granted under this section or section 254 of the Act of 2000 causes an obstruction, or becomes dangerous, by reason of the increase or alteration of traffic on a road, the widening of a road or any improvement of or relating to a road, the planning authority may by notice in writing revoke the licence and require the licensee to remove the appliance, apparatus or structure at his or her own expense.

(7) In considering an application for a licence under this section, a planning authority, shall have regard to—

(a) the proper planning and sustainable development of the area,

(b) any relevant provisions of the development plan,

(d) the convenience and safety of road users including pedestrians, and

(e) the possibility that the purpose for which the application concerned is made may be served by an appliance, apparatus or structure that is already subject to—

(i) a licence under this section, or

(ii) a licence under section 254 of the Act of 2000 that is in force by virtue of section 14 .

(8) (a) A planning authority shall—

(i) make a decision in relation to an application under this section, and

(ii) give a copy of that decision and the main reasons and considerations on which the decision is based to the person who made the application,

not later than—

(I) 8 weeks from the date of receipt of the application, or

(II) where a request for further information is made in accordance with paragraph (b) of subsection (4), 4 weeks from the date by which that information is required to be provided in accordance with that subsection,

whichever occurs later.

(b) Where a planning authority fails to make a decision within the period referred to in paragraph (a) in relation to an application in respect of—

(i) overground electronic communications infrastructure, or

(ii) any associated physical infrastructure,

a decision (referred to in this subsection as a “deemed decision to grant a licence”) of the planning authority to grant the licence shall be deemed to have been made on the day following the expiration of—

(I) the period of 8 weeks from the date of receipt of the application, or

(II) the period of 4 weeks from the date of receipt of the applicant’s response to a request for additional information,

whichever occurs later.

(c) A deemed decision to grant a licence shall be subject to the condition that the network operator concerned shall, before commencing any works to erect, construct, place or maintain electronic communications infrastructure or any associated physical infrastructure, inform—

(i) the planning authority concerned,

(ii) where the planned works are on a national road, the National Roads Authority, and

(iii) where the planned works are on any regional or local road, the road authority in whose functional area the network operator proposes to carry out the works,

of the network operator’s intention to commence such works.

(d) Paragraphs (a), (b) and (c) shall not apply in respect of an application under this section if, not later than 8 weeks from the date on which the planning authority received the application, the planning authority notifies the applicant in writing that for exceptional reasons stated in the notification it is not in a position to comply with paragraph (a) within the period specified in that paragraph, and where the planning authority so notifies the applicant, it shall—

(i) make a decision in relation to an application under this section, and

(ii) give a copy of that decision and the main reasons and considerations on which the decision is based to the person who made the application,

not later than 8 weeks from—

(I) the date of the notice, or

(II) the date of receipt of the applicant’s response to a request for additional information,

whichever occurs later.

(9) (a) Any person may appeal the refusal by a planning authority of an application for a licence or continuation of a licence under this section to the Commission not later than 4 weeks from the date of the decision of the planning authority to refuse the application.

(b) Any person may appeal—

(i) the grant of a licence or continuation of a licence under this section by a planning authority, or

(ii) the decision of a planning authority to attach a condition to a licence under this section,

to the Commission not later than 4 weeks from the date of the decision to grant or continue the licence or, as the case may be, attach the condition concerned.

(c) Any person may appeal the revocation of a licence under this section by a planning authority to the Commission not later than 4 weeks from the date of the decision of the planning authority to revoke the licence.

(d) This section (other than paragraphs (b) and (c) of subsection (8) and this paragraph) shall apply for the purposes of an appeal under this section as it applies for the purposes of an application for a licence under this section as if—

(i) the following paragraph were substituted for paragraph (a) of subsection (4):

“(a) The appeal from a decision of a planning authority under this section shall be accompanied by—

(i) such fee as may be approved under section 381 ,

(ii) such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subsection (2) as the Commission may require, and

(iii) such other information as may be prescribed.”,

(ii) in paragraph (c) of subsection (4), “the appellant” were substituted for “any person who applied for a licence under this section or for the continuation of a licence granted under this section”,

(iii) the following subsection were substituted for subsection (5):

“(5) (a) The Commission may, upon an appeal under this section, affirm the decision of the planning authority.

(b) The Commission may, upon an appeal under this section—

(i) grant the appeal (in whole or in part), and for that purpose may—

(I) grant a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design) as the Commission may specify,

(II) grant a continuation of a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design) as the Commission may specify,

(III) amend or vary a licence or continuation of a licence granted under this section, or

(IV) attach a condition to, or remove or amend a condition of, a licence or continuation of a licence granted under this section,

(ii) refuse the appeal.”,

(iv) references to applicant were references to appellant,

(v) the references to application or application for a licence were references to appeal under this section, and

(vi) references to the planning authority were references to the Commission.

(e) A decision of the Commission in relation to an appeal under this section shall operate to annul the decision of the planning authority from which the appeal was brought.

(f) Where a person appeals—

(i) the refusal by a planning authority of an application for the continuation of a licence under this section, or

(ii) the revocation by the planning authority of a licence under this section,

to the Commission, the licence shall, notwithstanding such refusal or revocation, remain in force pending the decision of the Commission in relation to the appeal.

(10) A person shall not be entitled solely by reason of a licence under this section to erect, construct, place or maintain on, under, over or along a public road any appliance, apparatus or structure.

(11) A person who—

(a) contravenes subsection (2), or

(b) contravenes a condition attaching to a licence,

shall be guilty of an offence.

(12) (a) Subsection (2) shall not apply to a planning authority.

(b) This subsection shall not operate to entitle a planning authority to—

(i) hinder the reasonable use of a public road by the public or any person entitled to use it, or

(ii) create a nuisance to the owner or occupier of premises adjacent to a public road.

(13) A planning authority shall not, in relation to a national road in its functional area for which it is not the road authority (within the meaning of Part V of the Roads Act 1993 )—

(a) grant a licence under this section, or

(b) do any act referred to in subsection (2),

without first consulting with the road authority (within the said meaning) for such national road or regional road, as the case may be.

(14) A decision of a planning authority or the Commission under this section may be communicated to the applicant or the appellant concerned in such form and manner (including by electronic means) as may be prescribed.

(15) The Minister may, by regulations, require planning authorities and the Commission to enter on such database or databases as may be specified in the regulations such information as may be so specified in relation to applications and appeals under this section.

Licences under section 254 of Act of 2000

14. (1) A licence granted under section 254 of the Act of 2000 that was in force immediately before the repeal of that section by section 6 shall remain in force and have effect on and after that repeal as if it were a licence granted under section 13 .

(2) Notwithstanding the repeal of section 254 of the Act of 2000 by section 6 , that section shall continue to apply and have effect for the purposes of any—

(a) application for a licence under the said section 254 pending immediately before that repeal,

(b) appeal referred to in the said section 254 pending immediately before that repeal, or

Saving for national monuments

15. (1) This Act shall not operate to restrict or otherwise affect the functions of a Minister of the Government or the Commissioners under the National Monuments Acts 1930 to 2014 or the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 .

(2) The performance by a Minister of the Government of functions under this Act shall not operate to prejudice the performance by that Minister of the Government of functions under the National Monuments Acts 1930 to 2014 or the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 .

(3) The performance by the Commissioners of functions under this Act shall not operate to prejudice the performance by the Commissioners of functions under the National Monuments Acts 1930 to 2014 or the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 .

Quarries

16. (1) The repeal of section 261 of the Act of 2000 shall not have effect for the purpose of any notice issued under that section at any time before such repeal.

(2) The repeal of section 261A of the Act of 2000 shall not have effect for the purpose of any notice issued under that section at any time before such repeal.

PART 3

Plans, Policies and Related Matters

Chapter 1

Preliminary Matters

Definitions

17. In this Part—

“anthropogenic”, in relation to greenhouse gas emissions, means those emissions that result from or are produced by human activity or intervention;

“associate planning authority” means a planning authority that has been designated as an associate planning authority in a regional spatial and economic strategy in accordance with paragraph (d) of subsection (10) of section 29 ;

“built up area” means a collection of statistical small areas, identified by the Central Statistics Office as a built up area following a census of population of the State;

“compact urban development”, in relation to an urban area, means development within the existing, built-up footprint of the area concerned on land which is suitable for development, and “compact urban development site” is to be construed accordingly;

“coordinated area plan committee” means the committee appointed under subsection (3) of section 73 ;

“functional area” means—

(a) in relation to a planning authority (other than a coastal planning authority), its administrative area for the purposes of the Act of 2001, and

(b) in relation to a planning authority that is a coastal planning authority, its administrative area for the purposes of the Act of 2001 up to the high water mark;

“key town” means a settlement that has been identified and designated as a key town in a regional spatial and economic strategy in accordance with subsection (8) of section 29 ;

“Local Community Development Committee” means a committee established under section 49A of the Act of 2001;

“long-term strategic development site” means a site within an urban area that is large relative to the urban area and that is suitable for development that would require to be carried out over a period exceeding one development plan cycle of 10 years;

“material alteration” includes an alteration which is likely to have significant effects on the environment or on any European site;

“metropolitan area”, in relation to a city, means the area defined by the geographical boundary as prescribed;

“metropolitan area strategic plan” has the meaning assigned to it by subsection (2) of section 29 ;

“National Biodiversity Action Plan” has the same meaning as it has in section 59A of the Wildlife (Amendment) Act 2000 ;

“Opinion on Development Plan Strategy” has the meaning assigned to it by subsection (3) of section 53 ;

“principal planning authority” means a planning authority that has been designated as a principal planning authority in a regional spatial and economic strategy in accordance with paragraph (c) of subsection (10) of section 29 ;

“regional growth centre” means any large settlement with a high level of self-sustaining employment and services that acts as a regional economic driver that has been designated as a regional growth centre in the National Planning Framework;

“screening assessment” means an assessment for the purposes of determining whether a strategic environmental assessment or an appropriate assessment, as the case may be, is or is not required;

“settlement” means a village, built up area or city identified by the Central Statistics Office following a census of population of the State, containing a minimum of 50 occupied dwellings with a maximum distance between any dwelling and the building closest to it of 100 metres, save where there are references to “part of the urban area of a settlement” in which case “settlement” means a town or city with a population of at least 1,500 persons;

“settlement hierarchy” means the settlement hierarchy set out in the written statement of a development plan in accordance with paragraph (b) of subsection (3) and subsection (4) of section 43 ;

“settlement-specific objectives” has the meaning assigned to it by paragraph (a) of subsection (1) of section 52 ;

“settlement strategy” means the settlement strategy set out in the written statement of a development plan in accordance with paragraph (c) of subsection (3) and subsection (5) of section 43 ;

“Strategic Issues and Options Paper” has the meaning assigned to it by subsection (6) of section 53 ;

“transport infrastructure” includes roads, railways and public transport (including infrastructure for cyclists and pedestrians);

“traveller” has the meaning assigned to it by the Housing (Traveller Accommodation) Act 1998 ;

“urban area” means an area in a town or city, being an area containing a minimum of 100 buildings each within a maximum distance of 65 metres of at least one other building, and includes roads and other surfaced areas such as car parks and yards and artificial green spaces such as parks and gardens, that are adjacent to or within the area;

“zoning objectives” means objectives for the zoning of land for a particular use or mixture of uses included in a development plan in accordance with subsection (6) of section 43 .

Public inspection

18. Where this Part requires publication by the Minister, the Office of the Planning Regulator, a regional assembly or a planning authority of a notice stating that any matter or thing is or will be made available for inspection by the public, the Minister, the Office of the Planning Regulator, regional assembly or planning authority, as the case may be, shall ensure that the matter or thing is made available for inspection as stated in the notice for such period as may be provided for in or under this Part or stated in the notice or, where no such period is so provided or stated, for such period as the Minister, the Office of the Planning Regulator, regional assembly or planning authority, as the case may be, considers reasonable.

Evidence

19. (1) A document purporting to be a correct copy of a part or all of a plan, strategy or statement made under this Part and to be certified by an officer of—

(a) in the case of the National Planning Framework or a National Planning Statement, the Department of Housing, Local Government and Heritage,

(b) in the case of a regional spatial and economic strategy, a regional assembly, or

(c) in the case of a development plan, urban area plan, priority area plan or coordinated area plan, a planning authority,

shall be evidence of the plan, strategy or statement, or part, unless the contrary is shown, and it shall not be necessary to prove the signature of the officer or that he or she was in fact such an officer.

(2) Evidence of all or part of a plan, strategy or statement made under this Part may be given by production of a copy thereof certified in accordance with this section and it shall not be necessary to produce the plan, strategy or statement itself.

Regulations

20. The Minister may, for the purposes of giving further effect to the Strategic Environmental Assessment Directive, by regulations (in this Act referred to as the “Strategic Environmental Assessment Regulations”) make further provision for the application of the Directive to any plan or programme within the meaning of the Directive which is made under this Part.

Chapter 2

National Planning Framework

National Planning Framework

21. (1) The Government shall prepare and publish a document to be known as the National Planning Framework.

(2) The National Planning Framework shall contain a statement setting out the Government’s national plan in relation to the strategic planning and sustainable development of the State and shall include policies and proposals for the furtherance of the following objectives:

(a) securing national and regional development strategies, including maximising the potential of the regions;

(b) supporting proper planning and sustainable development in urban and rural areas;

(c) supporting the circular economy (within the meaning of section 6 of the Circular Economy and Miscellaneous Provisions Act 2022 );

(d) securing the coordination of regional spatial and economic strategies and development plans;

(e) providing for land-sea interactions and securing coordination with the National Marine Planning Framework;

(f) the integration of the pursuit and achievement of the national climate objective and National Biodiversity Action Plan into plan-led development in the State.

(3) The National Planning Framework shall make provision for the following matters:

(a) identification of nationally strategic development requirements as respects cities, towns and rural areas in relation to employment, future population change, and associated housing, commercial and public infrastructure;

(b) indication of national infrastructure priorities linked to the strategic development requirements referred to in paragraph (a), and in particular such priorities as relate to—

(i) transportation (including public transportation),

(ii) water services,

(iii) waste management,

(iv) energy and communications networks, and

(v) the provision of educational, healthcare, retail, cultural and recreational facilities;

(c) promotion of sustainable settlement patterns and transportation strategies in urban and rural areas, including the promotion of measures to—

(i) reduce anthropogenic greenhouse gas emissions,

(ii) take account of the need to adapt to and mitigate climate change, and

(iii) achieve the national climate objective;

(d) conservation of the environment and its amenities, including—

(i) landscape,

(ii) ecology,

(iii) biodiversity, and

(iv) archaeological, architectural and natural heritage;

(e) land-sea interactions and the promotion of coordination of development between the terrestrial and marine sectors;

(f) designation of regional growth centres.

(4) In making provision under paragraph (e) of subsection (3), the Government shall have regard to the National Marine Planning Framework.

(5) The Government shall take such steps as are necessary to ensure that the National Planning Framework in effect at any given time makes provision for a period in the future of not less than 10 years and not more than 20 years from the coming into effect of the framework, which period shall be specified in the National Planning Framework.

(6) Notwithstanding subsections (2) and (3) and the repeal of section 20A of the Act of 2000 effected by section 6 , the National Planning Framework under that section that was in force immediately before such repeal shall—

(a) continue in force for the period that it would have continued in force but for such repeal,

(b) be deemed to be the first National Planning Framework made under subsection (1), and

Review of National Planning Framework

22. (1) The Government shall review the National Planning Framework in accordance with this section and sections 23 and 24 .

(2) Each review shall be completed before the expiry of a period of 2 years, which period shall begin on the date of publication, by the Central Statistics Office, of the final results of the second occurrence of a census of population of the State held after the completion, in accordance with subsection (6), of the previous review.

(3) Without prejudice to the requirement in subsection (2), the Government may review the National Planning Framework before the expiry of a period of 2 years, which period shall begin on the date of publication, by the Central Statistics Office, of the final results of the first occurrence of a census of population of the State held after the completion, in accordance with subsection (6), of the previous review.

(4) In this section “occurrence of a census of population of the State” means the beginning of the period provided for by order under section 25 of the Statistics Act 1993 in respect of which the information specified in the order is to be provided.

(5) Where the Government reviews the National Planning Framework, they shall, as appropriate—

(a) approve a revised National Planning Framework,

(b) approve a new National Planning Framework, or

(c) subject to subsection (5) of section 21 , determine that no revision of the National Planning Framework or new National Planning Framework is required and publish a statement explaining the reasons for the determination.

(6) A review of the National Planning Framework is completed on the date that the Government publishes a revised National Planning Framework or new National Planning Framework in accordance with subsection (5) of section 23 or the statement referred to in paragraph (c) of subsection (5), as the case may be.

(7) A revised National Planning Framework shall continue in effect for the remainder of the period for which the National Planning Framework which it revises is specified, under subsection (5) of section 21 , to be in effect.

(8) The Minister shall, within 10 days of publication of a statement under paragraph (c) of subsection (5), lay a copy of the statement so published before each House of the Oireachtas.

Procedure for review of National Planning Framework

23. (1) Before carrying out a review under section 22 , the Minister shall publish a notice of the Government’s intention to do so.

(2) The Minister shall make provision for public consultation in the review of the National Planning Framework, including arrangements for consulting—

(a) members of the Oireachtas,

(b) regional assemblies,

(d) the Commission,

(e) the Office of the Planning Regulator,

(f) the Environmental Protection Agency,

(g) the Maritime Area Regulatory Authority,

(h) members of the public,

(i) any Department or body in Northern Ireland having responsibility for regional development (where that Department or body agrees to such consultation), and

(j) such other persons or public bodies as the Minister considers appropriate.

(3) The revised or new National Planning Framework shall be subject to a screening assessment and if necessary a strategic environmental assessment or an appropriate assessment, or both, as the case may be, in accordance with the Strategic Environmental Assessment Directive (and Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6 ).

(4) In carrying out a review under section 22 , the Government shall have regard to any observations made on foot of the consultations under subsection (2), including any resolution or report of the Oireachtas or any committee of the Oireachtas, in respect of the matters to be included in the National Planning Framework.

(5) Where after the Government has completed a review under section 22 and approved a revised or new National Planning Framework, the Government shall, as soon as practicable, publish on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage—

(a) the revised or new National Planning Framework, as the case may be, and

(b) a summary of any observations made on foot of the consultations under subsection (2).

(6) The Minister shall, within 10 days of publication under paragraph (a) of subsection (5), lay a copy of the revised or new National Planning Framework so published before each House of the Oireachtas.

(7) A revised or new National Planning Framework shall take effect 4 weeks after the date of publication under paragraph (a) of subsection (5).

(8) A failure to comply with subsections (2) and (3) of section 22 and subsection (6) within the time period specified therein shall not of itself invalidate the National Planning Framework.

Regard to be had to other matters when carrying out review under section 22

24. (1) The Government may, when carrying out a review under section 22 , have regard to such plans and other documents as they consider appropriate.

(2) Without prejudice to the generality of subsection (1), the Government shall, when carrying out a review under section 22 , have regard to—

(a) such plans or documents (if any) as may be prescribed and plans or documents of such class (if any) as may be prescribed, and

(b) such plans or documents (if any) as may be prescribed, and plans or documents of such class (if any) as may be prescribed, made or created by—

(i) an institution of the European Union,

(ii) the Government of a Member State of the European Union,

(iii) the Government of a Transboundary Convention State, or

(iv) a body that performs in such Member State or a Transboundary Convention State functions the same as or similar to those performed in the State by a regional assembly or a planning authority,

relating to maritime planning, land-use planning, strategic planning, spatial planning, economic planning or territorial planning.

Chapter 3

National Planning Statements

National Planning Statement

25. (1) The Minister may, at any time, with the approval of the Government, issue a statement (in this Act referred to as a “National Planning Statement”) which shall comprise two parts as follows:

(a) national policies and measures on planning matters to support proper planning and sustainable development (in this Act referred to as “National Planning Policies and Measures”);

(b) guidance as to the implementation of the policies and measures referred to in paragraph (a) (in this Act referred to as “National Planning Policy Guidance”).

(2) The Minister may, with the approval of the Government, amend or revoke a National Planning Statement issued under this section.

(3) The Minister shall publish on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage—

(a) a National Planning Statement,

(b) notice of an amendment of a National Planning Statement and a copy of the National Planning Statement as amended, and

(4) A National Planning Statement, amendment or revocation published under subsection (3) shall take effect on such date as may be specified therein or, where no date is specified, on the date of such publication.

(5) The Minister shall, within 10 days of publication under subsection (3), lay a copy of a National Planning Statement, amendment or revocation so published before each House of the Oireachtas.

(6) The Minister shall, within 10 days of publication under subsection (3), give a copy of a National Planning Statement, amendment or revocation so published to—

(a) each planning authority,

(b) each regional assembly,

(d) the Commission,

(e) the Environmental Protection Agency, and

(f) the Maritime Area Regulatory Authority.

(7) A failure to comply with subsections (5) and (6) within the time period specified therein shall not of itself invalidate a National Planning Statement.

(8) Notwithstanding the repeal of section 52 of the Act of 2000 effected by section 6 , any guideline issued under the said section 52 that was in force immediately before that repeal shall continue in force on and after that repeal until—

(a) revoked by the Minister under subsection (9), or

(b) a National Planning Statement is issued under this Chapter with which the guideline conflicts.

(9) The Minister may revoke guidelines under section 52 of the Act of 2000 that, by virtue of subsection (8), continue in force on and after the repeal of that section by section 6 .

Considerations for issuance of National Planning Statement

26. (1) In deciding to issue and in formulating or amending a National Planning Statement under section 25 , the Minister shall have regard to the desirability of setting out policy and providing guidance in relation to planning matters to support proper planning and sustainable development, including, but not limited to, the following:

(a) preparation of regional spatial and economic strategies, development plans, urban area plans, priority area plans, coordinated area plans and development schemes;

(b) the pattern, layout and format of development or of a particular type or types of development;

(d) the promotion, regulation or restriction of development or of a particular type or types of development or a particular use or uses of land including housing and housing supply;

(e) the objective of achieving consolidation and regeneration of urban centres, including consideration of appropriate density of residential and other development in cities and towns;

(f) protection of the amenities, character and vitality of rural areas;

(g) prevention, reduction, amelioration and mitigation of risks of environmental damage and risks to human health and safety from natural and man-made causes, including from flooding, and the factoring of such risks in the location of development;

(h) the promotion and regulation of renewable energy development in appropriate locations;

(i) protection of landscapes, and features of natural, archaeological, architectural and cultural heritage of value;

(j) protection of structures, parts of structures, or specified features of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest;

(k) preserving the character of architectural conservation areas;

(l) creation of conditions conducive to commercial and industrial development and the creation of employment at appropriate locations;

(m) promotion of sustainable settlement patterns and transportation strategies in urban and rural areas including measures—

(i) to reduce anthropogenic greenhouse gas emissions,

(ii) to support adaptation to and mitigation of climate change,

(iii) as are necessary to achieve the national climate objective, and

(iv) to support the circular economy strategy (within the meaning of section 6 of the Circular Economy and Miscellaneous Provisions Act 2022 );

(n) integration of appropriate architectural urban design and quality standards into development plans, urban area plans, priority area plans, coordinated area plans, the preparation of development schemes and the assessment of any application for development consent under Part 4 ;

(o) the performance by regional assemblies, planning authorities and the Commission of any of their functions under this Act;

(p) integration of relevant climate action related policies and measures of the Government, including those prepared pursuant to the Climate Action and Low Carbon Development Act 2015 , into regional spatial and economic strategies, development plans, urban area plans, priority area plans and coordinated area plans;

(q) integration of relevant policies and measures of the Government relating to biodiversity, including those in respect of the National Biodiversity Action Plan, into regional spatial and economic strategies, development plans, urban area plans, priority area plans and coordinated area plans.

(2) Before issuing a National Planning Statement, the Minister may consult—

(a) such other Ministers of the Government as the Minister considers appropriate,

(b) such public bodies as the Minister considers appropriate,

(d) members of the public.

(3) Where the Minister consults a person under subsection (2), the Minister shall have regard to any observations received before issuing a National Planning Statement.

(4) Before issuing a National Planning Statement, the Minister shall—

(a) determine whether the National Planning Statement which the Minister intends to issue is a plan or programme which comes within the scope of the requirements of the Strategic Environmental Assessment Directive, and, if so, determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is likely to have significant effects on the environment such that a strategic environmental assessment is required,

(b) determine, in accordance with Part 6 , whether it is necessary to carry out an appropriate assessment, and

(c) publish the determinations made under paragraphs (a) and (b) on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage.

(5) Where the Minister determines under subsection (4) that it is necessary to carry out a strategic environmental assessment or an appropriate assessment, the Minister shall, prior to issuing a National Planning Statement—

(a) conduct the strategic environmental assessment in accordance with the Strategic Environmental Assessment Regulations and this section or the appropriate assessment in accordance with Part 6 (and the Minister shall be the competent authority (within the meaning of Part 6 ) for the purposes of conducting such assessments), and

(b) consult members of the public.

(6) Where the Minister determines under subsection (4) that it is necessary to carry out a strategic environmental assessment or an appropriate assessment, the Minister shall—

(a) publish—

(i) a draft of the proposed National Planning Statement, and

(ii) a copy of the environmental report or the Natura impact report, as the case may be,

(b) invite observations on the documents published under paragraph (a) before the expiry of such period as may be specified in the notice, and

(7) Where the Minister, having taken account of any observations received under paragraph (c) of subsection (6), proposes to make amendments to the draft National Planning Statement, he or she shall determine whether it is necessary to carry out a strategic environmental assessment or an appropriate assessment in respect of the proposed amendments.

(8) Subject to subsection (9), where, pursuant to a screening assessment carried out under subsection (7), the Minister determines that the proposed amendments to the draft National Planning Statement require to be the subject of a strategic environmental assessment or an appropriate assessment, the procedure set out in subsection (6) shall be carried out in relation to the proposed amendments.

(9) Where the procedure set out in subsection (6) is carried out in relation to proposed amendments to a draft National Planning Statement in accordance with subsection (8), the Minister shall, in taking account of any observations received under paragraph (c) of subsection (6) in relation to the proposed amendments, determine whether to issue the draft National Planning Statement with or without the proposed amendments subject only to any minor modifications that he or she considers necessary.

(10) For the purposes of subsection (9), a modification shall be deemed to be minor where—

(a) it does not substantively or materially alter the draft National Planning Statement, and

(b) it is not likely to have significant effects on the environment or on any European site.

(11) For the purposes of conducting a screening assessment, strategic environmental assessment or appropriate assessment under this section, the Strategic Environmental Assessment Regulations or Part 6 , the Minister may adopt, with or without modification, any such assessment carried out by a Department of State or consultant retained on behalf of the Minister.

(12) Subsections (2) to (11) shall apply to the amendment or revocation of a National Planning Statement as they apply to the issuance of a National Planning Statement and in the case of an amendment, a reference in subsections (6) to (10) to a draft National Planning Statement shall be construed as a reference to a draft of the proposed amendment.

Continuation in force of pre-commencement Ministerial guidelines

27. (1) Notwithstanding the repeal of section 28 of the Act of 2000 effected by section 6 , any guideline issued under the said section 28 that was in force immediately before that repeal shall continue in force on and after that repeal until—

(a) revoked by the Minister under subsection (3), or

(b) a National Planning Statement is issued under this Chapter with which the guideline conflicts.

(2) Any guidelines continued in force under subsection (1) shall be deemed to be National Planning Policy Guidance issued under this Chapter.

(3) The Minister may revoke any guidelines continued in force under subsection (1).

(4) Prior to revoking any guidelines under subsection (3), the Minister shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Directive Regulations) and the Habitats Directive (and Part 6 ).

(5) A reference in any guidelines continued in force under subsection (1) to a provision of the Act of 2000 shall be read as a reference to the provisions of this Act relating to the same subject-matter.

Chapter 4

Regional Spatial and Economic Strategies

Regional spatial and economic strategy

28. (1) A regional assembly shall, in accordance with this Chapter, make a long-term strategic planning and economic framework for the development of its region, which shall make provision for the matters set out in section 29 (in this Act referred to as a “regional spatial and economic strategy”).

(2) The objectives of a regional spatial and economic strategy shall be to support—

(a) the implementation of the National Planning Framework, and

(b) the economic policies and objectives of the Government.

(3) A regional spatial and economic strategy shall be in accordance with—

(a) the principles of proper planning and sustainable development, and

(b) the economic policies and objectives of the Government.

(4) A regional spatial and economic strategy shall make provision for a period that is not less than 10 years and not more than 20 years.

(5) A regional spatial and economic strategy shall be materially consistent with—

(a) the National Planning Framework,

(b) the National Marine Planning Framework, and

(6) The Minister may make regulations concerning the preparation, making and revision of regional spatial and economic strategies and related matters.

(7) Without prejudice to the generality of subsection (6), regulations made under that subsection may direct two or more regional assemblies—

(a) to prepare and make a regional spatial and economic strategy jointly in respect of—

(i) the combined regions of those regional assemblies, or

(ii) such part of the combined regions of those regional assemblies as may be specified in the regulations,

and

(b) to cooperate in respect of such other matters as may be prescribed.

Content of regional spatial and economic strategy

29. (1) A regional spatial and economic strategy shall make provision for the following matters:

(a) the identification of sustainable settlement patterns and transportation strategies in urban and rural areas;

(b) the strategic location of employment-related development and industrial and commercial development;

(d) the location of housing, including provision to meet any national and regional population growth targets set out in the National Planning Framework as between the functional areas of the planning authorities in the region and the relevant population and housing targets to be included in the housing development strategy of each planning authority;

(e) a strategy relating to onshore renewable energy to—

(i) meet national targets,

(ii) identify and facilitate electricity grid infrastructure, including upgrade projects and support infrastructure,

(iii) make provision for energy security, and

(iv) promote steps for coordination and cooperation between public bodies;

(f) a strategy relating to climate change adaptation and mitigation that is consistent with national policies and measures, including those prepared pursuant to the Climate Action and Low Carbon Development Act 2015 , which provides for the coordination of public bodies in pursuance of the strategy;

(g) a strategy relating to marine and coastal matters that facilitates the coordination of land-sea interactions for coastal planning authorities within the region;

(h) coastal zone management as a consequence of sea level change, including the identification of strategic infrastructure;

(i) the provision of transportation (including public transportation), water services, energy and communications networks and waste management facilities;

(j) the identification of facilities relating to third level education, healthcare and sports of such scale as would serve the region;

(k) the preservation and protection of the environment and its amenities, including integration of the National Biodiversity Action Plan and the archaeological, architectural and natural heritage of the region;

(l) as appropriate, the protection of the linguistic and cultural heritage of the Gaeltacht;

(m) a strategy relating to landscape and landscape character that coordinates the categorisation of landscapes, in terms of their capacity to absorb particular types of development, across the region so as to ensure a consistent approach to the protection of the landscape;

(n) a strategy relating to economic matters that—

(i) identifies regional strengths and opportunities having regard to economic and employment trends,

(ii) identifies the regional attributes that are essential to enhancing regional economic performance, including the quality of the environment, cities, towns and rural areas, the physical infrastructure, and the social, community and cultural facilities,

(iii) sets out proposals to maintain or augment the attributes referred to in subparagraph (ii) in such manner as will be implemented under the strategy through the activities of public bodies, private sector investment and the community, and

(iv) identifies the means of maintaining and augmenting overall regional economic performance in accordance with national economic policy;

(o) a flooding and flood management plan for the region;

(p) a statement of the actions being taken (or proposed) for the purpose of ensuring the effective integration of transport and land-use planning, including in particular—

(i) a statement explaining how the regional spatial and economic strategy proposes to make provision in relation to the matters identified in—

(I) any relevant transport strategy of the National Transport Authority,

(II) the report of the National Transport Authority prepared in accordance with subsection (11) of section 31 , and

(III) the observations of the National Transport Authority submitted in accordance with subsection (10) of section 32 ,

and

(ii) where it is not proposed that the regional spatial and economic strategy should make provision in relation to any matter identified in the strategy, report or observations referred to in subparagraph (i), a statement of the reasons for that decision;

(q) a statement confirming that the regional spatial and economic strategy is materially consistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework, and

(iii) any relevant National Planning Policies and Measures;

(r) a statement demonstrating how due account has been taken, in the regional spatial and economic strategy, of any relevant National Planning Policy Guidance and, where the strategy departs from any relevant National Planning Policy Guidance, a statement of the reasons why, in the opinion of the regional assembly, such departure is justified having regard to the proper planning and sustainable development of the region.

(2) Where a city specified in subsection (3) is within the region to which a regional spatial and economic strategy relates, the regional spatial and economic strategy shall include an integrated land-use and transportation strategy for the metropolitan area (in this Part referred to as a “metropolitan area strategic plan”), which shall be consistent with the regional spatial and economic strategy concerned.

(3) The cities referred to in subsection (2) are:

(a) Dublin;

(b) Cork;

(d) Galway;

(e) Waterford;

(f) such other city as may be prescribed.

(4) Where a part of the metropolitan area of any city is located within a region to which a regional spatial and economic strategy relates notwithstanding that the city or the centre of the city concerned is located outside that region or outside the State, the regional spatial and economic strategy may include a metropolitan area strategic plan in respect of that part of the metropolitan area, which shall be consistent with the regional spatial and economic strategy concerned.

(5) For the purposes of subsections (2) and (4), the “metropolitan area” of a city means the area consisting of the city and its surrounding area approximating to the extent of its commuting zone.

(6) A regional spatial and economic strategy may include objectives for the development of a specific part of the region which is designated as a strategic planning area (within the meaning of the Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 ( S.I. No. 573 of 2014 )).

(7) Where a regional spatial and economic strategy includes objectives under subsection (6), the objectives shall be consistent with the other provisions of the regional spatial and economic strategy concerned.

(8) A regional spatial and economic strategy shall identify and designate any key town in the region.

(9) For the purposes of subsection (8) a key town is a large, economically active settlement that provides employment and services for its surrounding area and has the capacity to complement a regional growth centre.

(10) Where the conditions in subsection (11) apply in relation to a settlement or a part of the urban area of a settlement, a regional spatial and economic strategy shall include provision—

(a) identifying the settlement or the part of the urban area of a settlement,

(b) requiring the preparation of a coordinated area plan for the settlement or the part of the urban area of a settlement identified in paragraph (a),

(c) designating, in accordance with subsection (12), a planning authority to be the principal planning authority for the purposes of Chapter 6,

(d) designating any other planning authority in whose functional area the settlement or the part of the urban area concerned is situate to be an associate planning authority for the purposes of Chapter 6,

(e) specifying the number of members from each planning authority referred to in paragraphs (c) and (d) to be appointed under subsection (3) of section 73 to the coordinated area plan committee,

(f) identifying any planned population growth and associated housing development needs in the settlement or part of the urban area of a settlement in respect of which a coordinated area plan is to be made,

(g) identifying the amount of land required to accommodate the housing development needs referred to in paragraph (f),

(h) identifying the amount of land required as between the principal planning authority and the associate planning authority, taking account of the proper planning and sustainable development of the settlement or the part of the urban area of a settlement concerned, including, in particular, the achievement of compact urban development, and

(i) specifying directions in relation to the appointment of a coordinated area plan committee, in accordance with the requirements of section 73 .

(11) The conditions referred to in subsection (10) are that—

(a) the settlement, or the part of the urban area of a settlement, is within the functional area of more than one planning authority, and

(b) the regional assembly considers that the growth of the settlement, or the part of the urban area of a settlement, concerned is important to the population growth or employment growth of one or more of the relevant functional areas during the period to which any development plan applicable to any such relevant functional area relates.

(12) In determining which planning authority is to be designated as the principal planning authority, a regional assembly shall take account of—

(a) where relevant, the location of the town centre of the settlement or the part of the urban area of a settlement,

(b) the extent to which the settlement or the part of the urban area of a settlement is located within the respective functional areas of the planning authorities concerned, and

(c) the amount of population growth or employment growth allocated by the regional assembly to the respective functional areas of the planning authorities concerned.

(13) A regional spatial and economic strategy and a metropolitan area strategic plan within such a strategy shall include measures to secure the effective implementation and monitoring of the regional spatial and economic strategy and metropolitan area strategic plan, including—

(a) an indication of priorities for infrastructure of scale relating to transportation (including public transportation), water services, waste management, energy and communications networks and the provision of educational, healthcare, retail, cultural and recreational facilities,

(b) without prejudice to the generality of paragraph (a), an order of priority for infrastructure provision,

(d) cross-sectoral investment and actions required to deliver planned growth and development,

(e) coordination between constituent local authorities, and the cooperation of public bodies, and

(f) the monitoring and reporting arrangements required to measure and evaluate progress in implementing the regional spatial and economic strategy and metropolitan area strategic plan.

Review of regional spatial and economic strategy

30. (1) Not later than 6 months after the publication of a revised or new National Planning Framework by the Government under Chapter 2, a regional assembly shall commence a review of any regional spatial and economic strategy for its region for the time being in force.

(2) Where a regional assembly reviews a regional spatial and economic strategy, it shall—

(a) make a new regional spatial and economic strategy in accordance with section 32 ,

(b) revise the existing regional spatial and economic strategy in accordance with section 32 , or

(c) determine that no new regional spatial and economic strategy or revision is required and publish a statement explaining the reasons for that determination of the regional assembly.

(3) In carrying out a review under this section, a regional assembly shall—

(a) ensure that the regional spatial and economic strategy for its region is materially consistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework, and

(iii) any relevant National Planning Policies and Measures,

(b) take due account of—

(i) any relevant National Planning Policy Guidance,

(ii) matters relevant to the preparation and making of a regional spatial and economic strategy under this Act,

(iii) the content of any monitoring reports prepared in accordance with section 35 since the making or revision of the regional spatial and economic strategy,

(iv) any relevant strategy of the National Transport Authority, and

(v) such other matters as may be prescribed,

and

Consultation about proposed new or revised regional spatial and economic strategy

31. (1) Before making or revising a regional spatial and economic strategy in accordance with section 32 , a regional assembly shall—

(a) make such arrangements as may be necessary for the making or revision of a new regional spatial and economic strategy,

(b) consult—

(i) the local authorities within the region (or part thereof, as the case may be),

(ii) the Minister,

(iii) the Office of the Planning Regulator,

(iv) the Maritime Area Regulatory Authority,

(v) the National Transport Authority,

(vi) such of the following persons as the regional assembly considers appropriate—

(I) other Ministers of Government,

(II) other regional assemblies,

(III) other public bodies,

and

(vii) such other persons as may be prescribed,

and

(c) publish a notice of its intention to make or revise a regional spatial and economic strategy on a website maintained by or on behalf of the regional assembly and in at least one newspaper circulating in the region.

(2) A notice under paragraph (c) of subsection (1) shall—

(a) state that the regional assembly intends to make or revise a regional spatial and economic strategy,

(b) indicate the matters to be considered in a regional spatial and economic strategy, having regard to the requirements of section 29 , and

(c) indicate that observations regarding the making or revision of a regional spatial and economic strategy may be made in writing to the regional assembly within a period specified in the notice (which shall not be less than 8 weeks after the date of the notice).

(3) (a) The regional assembly shall send a copy of the notice published under paragraph (c) of subsection (1) to—

(i) any person to be consulted under paragraph (b) of subsection (1), and

(ii) the Commission.

(b) A copy of a notice sent under paragraph (a) to a local authority within the region (or part thereof, as the case may be) may be accompanied by a request by the regional assembly for assistance in the making or revision of a new regional spatial and economic strategy.

(4) Subject to subsection (5), a local authority which receives a notice and request under subsection (3) shall assist and cooperate with a regional assembly in making the arrangements referred to in paragraph (a) of subsection (1) and shall in particular agree upon—

(a) a procedure for preparing and making a regional spatial and economic strategy, or a revision to an existing strategy, in accordance with section 32 ,

(b) the establishment of committees to oversee and consider the preparation of the regional spatial and economic strategy or revision,

(d) the roles of those committees in—

(i) preparing the draft regional spatial and economic strategy or draft revision,

(ii) considering observations received under this section and section 32 , and

(iii) drawing up such reports as may be necessary.

(5) If agreement is not reached between a regional assembly and a local authority under subsection (4) within 4 weeks of the sending of a notice and request under subsection (3) or such longer period not exceeding 8 weeks as the regional assembly considers reasonable, the regional assembly shall notify the Minister and the Minister may direct the local authority to cooperate with the regional assembly on such terms as are specified in the direction.

(6) A local authority shall comply with a direction made by the Minister under subsection (5).

(7) The provision of assistance under subsection (4) shall include the provision of—

(a) reasonable financial assistance,

(b) services of staff,

(d) such other assistance as may be reasonably required.

(8) The provision of assistance under subsection (4) shall be based on the proportion of the population of the region to which a regional spatial and economic strategy relates who are resident in the functional areas of the local authorities concerned.

(9) A reasonable request for assistance made by a regional assembly by virtue of paragraph (b) of subsection (3) shall not be refused by a local authority, and any dispute as to the reasonableness of such request shall be referred to the Minister for adjudication having regard to subsection (7).

(10) Any Minister of the Government or other public body consulted under subsection (1) shall—

(a) insofar as is practicable, assist and cooperate with the regional assembly in the preparation of a regional spatial and economic strategy or a revision to an existing regional spatial and economic strategy, and

(b) take such steps as are reasonable and appropriate to support the implementation of the regional spatial and economic strategy.

(11) On receipt of a notice published under paragraph (c) of subsection (1), the National Transport Authority shall, within the period specified in that notice in accordance with paragraph (c) of subsection (2), submit to the regional assembly a report on any matters which, in its opinion, should be considered by the regional assembly in making or revising the regional spatial and economic strategy and such a report shall set out—

(a) the matters which, in the opinion of the National Transport Authority, should be considered by the regional assembly in the preparation of the draft regional spatial and economic strategy or draft revision to an existing strategy,

(b) recommendations on the matters that require to be included in the draft regional spatial and economic strategy or draft revision to an existing strategy to ensure the effective integration of transport and land-use planning, and

(c) any recommendations on the matters that require to be included in the draft regional spatial and economic strategy having regard to a relevant transport strategy of the National Transport Authority,

and the Authority shall furnish a copy of the report submitted to the regional assembly under this subsection to the Minister, the Minister for Transport and the Office of the Planning Regulator.

(12) In making or revising a regional spatial and economic strategy, a regional assembly shall coordinate the development of the regional spatial and economic strategy, or the revision of it, in a manner that is, to the greatest extent possible, consistent with the policies of any public bodies consulted under this section.

Preparation or revision of regional spatial and economic strategy: process

32. (1) As soon as practicable after agreeing any necessary arrangements under section 31 , a regional assembly shall prepare a draft regional spatial and economic strategy or a draft revision to an existing strategy, as the case may be.

(2) In preparing a draft regional spatial and economic strategy or draft revision to an existing strategy, the regional assembly shall—

(a) ensure that the draft regional spatial and economic strategy or draft revision to an existing strategy is materially consistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework, and

(iii) any relevant National Planning Policies and Measures,

(b) take due account of—

(i) any relevant National Planning Policy Guidance,

(ii) the proper planning and sustainable development of the region to which the regional spatial and economic strategy relates,

(iii) any other relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic economic policies,

(iv) where a regional spatial and economic strategy affects the Gaeltacht, the need to protect the linguistic and cultural heritage of the Gaeltacht, and

(v) any relevant transport strategy of the National Transport Authority,

and

(3) Before preparing a draft regional spatial and economic strategy or a draft revision to an existing strategy, a regional assembly shall consider any observations received under paragraph (c) of subsection (2) of section 31 .

(4) The preparation, making and revision of a regional spatial and economic strategy shall be subject to the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6 ).

(5) A regional assembly shall conduct a strategic environmental assessment of a draft regional spatial and economic strategy in accordance with the Strategic Environmental Assessment Regulations.

(6) Before revising a regional spatial and economic strategy, a regional assembly shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is necessary to carry a strategic environmental assessment of the proposed revision and, where it determines that it is necessary to do so, it shall conduct a strategic environmental assessment of the proposed revision in accordance with those Regulations.

(7) Before making or revising a regional spatial and economic strategy, a regional assembly shall determine, in accordance with Part 6 , whether it is necessary to conduct an appropriate assessment and where it determines that it is necessary to do so, it shall carry out an appropriate assessment in accordance with that Part.

(8) As soon as practicable after preparing a draft regional spatial and economic strategy or draft revision to an existing strategy, a regional assembly shall—

(a) send notice and a copy of the draft strategy or draft revision to any person consulted under paragraph (b) of subsection (1) of section 31 , and

(b) publish notice of the draft on a website maintained by or on behalf of the assembly and in at least one newspaper circulating in its region.

(9) A notice under paragraph (b) of subsection (8) shall state—

(a) that a copy of—

(i) the draft strategy or draft revision,

(ii) any determination made under subsection (6) or (7),

(iii) any environmental report prepared in accordance with the Strategic Environmental Assessment Regulations, and

(iv) any Natura impact report prepared in accordance with Part 6 , may be inspected at a place specified in the notice at times so specified and on a website maintained by or on behalf of the regional assembly during a period (being not less than 10 weeks from the date of the notice) so specified,

and

(b) that observations with respect to the draft strategy or draft revision made to the regional assembly in writing within a period specified in the notice (being not less than 10 weeks from the date of the notice) shall be taken into consideration before the regional spatial and economic strategy or revision to the strategy is made.

(10) On receipt of a notice and draft strategy or draft revision sent under paragraph (a) of subsection (8), the National Transport Authority shall, within the period specified in the notice in accordance with paragraph (b) of subsection (9), submit observations in writing to the regional assembly which shall—

(a) state whether the National Transport Authority considers that the draft regional spatial and economic strategy or draft revision to the strategy takes due account of any relevant transport strategy of the National Transport Authority, and

(b) where it considers that the draft regional spatial and economic strategy or draft revision does not take due account of such a transport strategy, set out the recommendations of the National Transport Authority as to the amendments that it considers should be made to the draft strategy or draft revision.

(11) A regional assembly shall have regard to any—

(a) observations and recommendations received by virtue of paragraph (b) of subsection (9) or (10), and

(b) report from the committees referred to in subsection (4) of section 31 .

(12) Where, having complied with subsection (11), a regional assembly does not propose to make a material amendment to the draft regional spatial and economic strategy or the draft revision, the regional assembly shall, subject to section 33 , make the regional spatial and economic strategy or revision, as the case may be, subject to any minor modifications that it considers necessary.

(13) For the purposes of subsection (12), a modification shall be deemed to be minor where—

(a) it does not substantially or materially alter the draft regional spatial and economic strategy or draft revision, and

(b) it is not likely to have significant effects on the environment or on any European site.

(14) The making of a regional spatial and economic strategy or a revision to an existing strategy under subsection (12) shall be a matter for the members of the regional assembly concerned.

(15) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (12), the members of the regional assembly do not comply with any observations made by the Minister or the Office of the Planning Regulator under paragraph (b) of subsection (9), they shall so inform the Minister and the Office of the Planning Regulator as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the observation concerned.

(16) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (12), the members of the regional assembly do not comply with any recommendation made by the National Transport Authority under paragraph (b) of subsection (10), they shall—

(a) so inform the National Transport Authority as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation concerned, and

(b) provide a copy of such notice to the Minister and the Office of the Planning Regulator.

(17) A failure to comply with subsection (1) of section 30 , subsections (5) and (11) of section 31 , subsections (3) and (4) of section 33 and subsection (10) within the time period specified therein shall not of itself invalidate a regional spatial and economic strategy.

Material alteration to draft regional spatial and economic strategy or draft revision

33. (1) Where, having complied with subsection (11) of section 32 , a regional assembly proposes to make a material alteration to the draft regional spatial and economic strategy or the draft revision, the regional assembly shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is necessary to carry out a strategic environmental assessment of the proposed material alteration, and where it determines that it is necessary to do so, it shall conduct a strategic environmental assessment in accordance with those Regulations.

(2) Where, having complied with subsection (11) of section 32 , a regional assembly proposes to make a material alteration to the draft regional spatial and economic strategy or the draft revision, the regional assembly shall determine in accordance with Part 6 whether it is necessary to conduct an appropriate assessment and where it determines that it is necessary to do so, it shall carry out an appropriate assessment in accordance with that Part.

(3) The determinations referred to in subsections (1) and (2) shall be made within a period (being not more than 12 weeks from the proposal to make a material alteration) specified by the director of the regional assembly.

(4) Any environmental report or Natura impact report requiring to be prepared on foot of a determination referred to in subsection (1) or (2) shall be prepared within a period (being not more than 12 weeks from the making of the determination) specified by the director of the regional assembly or such longer period as may be agreed with the Minister.

(5) The regional assembly shall publish and make available for inspection—

(a) the proposed material alteration,

(b) the determinations referred to in subsections (1) and (2), and

(6) The regional assembly shall—

(a) publish a notice on a website maintained by or on behalf of the regional assembly and in at least one newspaper circulating in the region which shall state—

(i) that a copy of—

(I) any proposed material alteration,

(II) any determination referred to in subsection (1) or (2), and

(III) any environmental report or Natura impact report,

may be inspected at a place specified in the notice at a time so specified and on a website maintained by or on behalf of the regional assembly during a period (being not less than 6 weeks from the date of the notice) so specified, and

(ii) that observations with respect to the proposed material alteration and any strategic environmental assessment or appropriate assessment required in respect of it made to the regional assembly in writing within a period (being not less than 6 weeks from the date of the notice) specified in the notice shall be taken into account by the regional assembly before the regional spatial and economic strategy, or revision, is made,

and

(b) send a copy of the notice published under paragraph (a) and the documents referred to in subparagraph (i) of paragraph (a) to any person consulted under paragraph (b) of subsection (1) of section 31 .

(7) Following consideration of observations received under subsection (6), the regional assembly shall make the regional spatial and economic strategy, or the revision to an existing strategy, as the case may be, with or without the proposed material alteration, subject to any minor modifications that it considers necessary.

(8) For the purposes of subsection (7), a modification shall be deemed to be minor where—

(a) it does not substantially or materially alter the draft regional spatial and economic strategy or draft revision, and

(b) it is not likely to have significant effects on the environment or on any European site.

(9) The making of a regional spatial and economic strategy or a revision to an existing strategy under subsection (7) shall be a matter for the members of the regional assembly concerned.

(10) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (7), the members of the regional assembly do not comply with any observations made by the Minister or the Office of the Planning Regulator under paragraph (b) of subsection (9) of section 32 or subsection (6), they shall so inform the Minister and the Office of the Planning Regulator as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the observation concerned.

(11) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (7), the members of the regional assembly do not comply with any recommendation made by the National Transport Authority under paragraph (b) of subsection (10) of section 32 or subsection (6), they shall—

(b) provide a copy of such notice to the Minister and the Office of the Planning Regulator.

Publication of regional spatial and economic strategy

34. (1) Where a regional assembly makes a regional spatial and economic strategy or a revision to an existing strategy, it shall, within 4 weeks of the making of the strategy or revision, as the case may be—

(a) publish notice of the making of the strategy or the revision on a website maintained by or on behalf of the regional assembly and in at least one newspaper circulating in the functional area of each local authority in the region for which the strategy is prepared,

(b) send a copy of the notice to the persons specified in subsection (3), and

(c) send a copy of the new regional spatial and economic strategy, or the strategy as revised, and any observations made by the Minister and the National Transport Authority under sections 32 and 33 to the Office of the Planning Regulator.

(2) A notice under this section shall—

(a) state that a copy of the new regional spatial and economic strategy, or the strategy as revised, is available for inspection at a place specified in the notice and on a website maintained by or on behalf of the regional assembly, and

(b) comply with any applicable requirements of the Strategic Environmental Assessment Regulations and Part 6 .

(3) The persons referred to in paragraph (b) of subsection (1) are—

(a) the Minister,

(b) the Office of the Planning Regulator,

(d) the Maritime Area Regulatory Authority,

(e) the National Transport Authority,

(f) the local authorities within the regional assembly’s region,

(g) other regional assemblies,

(h) such other persons as may be prescribed, and

(i) such other persons as the regional assembly considers appropriate.

(4) A regional spatial and economic strategy, or a revision of an existing strategy, shall take effect 6 weeks after the date on which it is made by the regional assembly under section 32 or 33 .

Implementation and monitoring of regional spatial and economic strategy

35. (1) A regional assembly shall keep the implementation of the regional spatial and economic strategy for its region under review, having regard, in particular, to the monitoring and reporting arrangements included in the strategy in accordance with paragraph (f) of subsection (13) of section 29 .

(2) A local authority within the region of a regional assembly shall, within 3 years of the first occasion on which a regional spatial and economic strategy is made or revised under this Chapter and every 3 years thereafter, prepare and submit a report to the regional assembly setting out progress made in supporting the objectives, relevant to that local authority, of the regional spatial and economic strategy.

(3) A regional assembly may, within 3 years of the first occasion on which a regional spatial and economic strategy is made or revised under this Chapter and thereafter within 3 years of the preparation of a report under subsection (4), request any person referred to in paragraph (b) of subsection (1) of section 31 to prepare and submit a report to the regional assembly setting out progress made in supporting the objectives, relevant to that person, of the regional spatial and economic strategy.

(4) A regional assembly shall, within 4 years of the first occasion on which a regional spatial and economic strategy is made or revised under this Chapter and every 4 years thereafter, prepare a report (in this section referred to as a “monitoring report”) monitoring progress made in implementing the regional spatial and economic strategy.

(5) The monitoring report—

(a) shall specify the progress made in securing the overall objectives of the regional spatial and economic strategy (including any metropolitan area strategic plan), and

(b) may make any recommendations considered necessary in order to implement the regional spatial and economic strategy.

(6) A regional assembly shall send a copy of the monitoring report prepared by it to the Office of the Planning Regulator.

(7) The Office of the Planning Regulator—

(a) shall consider the monitoring report of each regional assembly, and

(b) may make recommendations to the Minister in relation to measures required to support the implementation of the regional spatial and economic strategy concerned.

Consequences of new or amended National Planning Statement for regional spatial and economic strategy

36. (1) Where the Minister issues or amends a National Planning Statement, each regional assembly shall, within 2 months of publication of the new or amended National Planning Statement, submit a report to the Office of the Planning Regulator setting out its view as to whether the regional spatial and economic strategy in force for its region is materially consistent with the National Planning Policies and Measures.

(2) Where a regional assembly is of the view that there is a material inconsistency for the purposes of subsection (1), the report referred to in that subsection shall set out the steps that the regional assembly proposes to take to amend its regional spatial and economic strategy so as to remove the material inconsistency concerned.

(3) If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is of the opinion that there is a material inconsistency for the purposes of that subsection and—

(a) is satisfied that the steps proposed by the regional assembly shall be sufficient to remove the material inconsistency concerned—

(i) the Office of the Planning Regulator shall, as soon as practicable thereafter, so inform the regional assembly, and

(ii) the director of the regional assembly shall invoke the expedited amendment procedure set out in section 37 ,

(b) is not satisfied that the steps proposed by the regional assembly shall be sufficient to remove the material inconsistency concerned, the Office of the Planning Regulator shall, as soon as practicable thereafter, make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by—

(i) proposed terms for the draft direction to specify the steps required to be taken to remove the material inconsistency concerned, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39 , and

(ii) a statement of reasons for the recommendation.

(4) Where a regional assembly fails to submit a report in accordance with subsection (1) and the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of that subsection, the Office of the Planning Regulator shall, as soon as practicable thereafter, make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by—

(a) proposed terms for the draft direction to specify the steps required to be taken to remove the material inconsistency concerned, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39 , and

(b) a statement of reasons for the recommendation.

(5) If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is satisfied that there is no material inconsistency for the purposes of that subsection, it shall, as soon as practicable thereafter, so inform the regional assembly.

(6) The Office of the Planning Regulator shall notify the regional assembly concerned of a recommendation under paragraph (b) of subsection (3) or subsection (4) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections.

(7) Subject to subsections (8) and (9), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under paragraph (b) of subsection (3) or subsection (4)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 39 , whether with or without modifications.

(8) Where the Minister decides under subsection (7) that a draft direction should be issued under section 39 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (7) the material inconsistency for the purposes of subsection (1), and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 39 in accordance with the proposed terms for the draft direction under paragraph (b) of subsection (3) or subsection (4), with or without such modifications as may be specified by the Minister in the direction.

(9) Where the Minister decides under subsection (7) that a draft direction should not be issued under section 39 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (7) the material inconsistency for the purposes of subsection (1) and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(10) The Office of the Planning Regulator shall provide the Minister with a copy of a report submitted to it under subsection (1) and shall advise the Minister of any decision made by the Office of the Planning Regulator under paragraph (a) of subsection (3) or subsection (5).

(11) A direction issued under paragraph (b) of subsection (9) shall be laid before each House of the Oireachtas by the Minister.

Expedited amendment of regional spatial and economic strategy

37. (1) This section applies where amendments to a regional spatial and economic strategy for the time being in force—

(a) are necessitated by the issuance of a new or amended National Planning Statement,

(b) are being made for the purposes of ensuring that the regional spatial and economic strategy concerned is materially consistent with National Planning Policies and Measures contained in such a statement, and

(c) the Office of the Planning Regulator has informed the regional assembly under subparagraph (i) of paragraph (a) of subsection (3) of section 36 that it is satisfied with the steps proposed by the regional assembly under subsection (2) of that section.

(2) Within 6 weeks of being informed by the Office of the Planning Regulator in accordance with subparagraph (i) of paragraph (a) of subsection (3) of section 36 that the Office of the Planning Regulator is satisfied with the steps proposed by a regional assembly under subsection (2) of that section, the director of the regional assembly shall prepare a draft amendment to the regional spatial and economic strategy concerned and shall conduct a screening assessment for strategic environmental assessment in respect of the draft amendment in accordance with the Strategic Environmental Assessment Regulations and a screening for appropriate assessment in respect of the draft amendment in accordance with Part 6 .

(3) In carrying out any screening assessment under subsection (2), the director of the regional assembly shall, with a view to avoiding duplication of assessments, take account of the fact and content of any assessment that the Minister has conducted in respect of the relevant National Planning Statement.

(4) Where the director of the regional assembly determines that a strategic environmental assessment, an appropriate assessment, or both, as the case may be, is or are required in respect of a draft amendment, the draft amendment may only be made by way of a revision to the regional spatial and economic strategy under subsections (8) to (16) of section 32 and may not be made under this section.

(5) Where the director of the regional assembly determines that neither a strategic environmental assessment nor an appropriate assessment is required in respect of a draft amendment, the director of the regional assembly shall propose the draft amendment to the members of the regional assembly for adoption by resolution.

(6) Where the director of the regional assembly concerned proposes a draft amendment to the members of the regional assembly under subsection (5), the proposed amendment shall be deemed to have been made at the expiration of a period of 6 weeks from the proposal, unless the members of the regional assembly, within that period, by resolution accept or reject the proposed amendment.

(7) Where an amendment is deemed to have been made or accepted by resolution of the members of the regional assembly under subsection (6), the publication requirements under subsections (1), (2) and (3) of section 34 shall apply in respect of the regional spatial and economic strategy as amended.

(8) Where an amendment is deemed to have been made or accepted by resolution of the members of the regional assembly under subsection (6), the amendment shall take effect 2 weeks after the deemed making of the amendment.

(9) Where, within the 6 week period referred to in subsection (6), the members of the regional assembly by resolution reject the amendment proposed by the director of the regional assembly concerned—

(a) the director shall advise the Office of the Planning Regulator of this fact, and

(b) the Office of the Planning Regulator shall consider whether to make a recommendation under subsection (10).

(10) Where, following a resolution under subsection (9), the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of subsection (1) of section 36 , it shall make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by—

(b) a statement of reasons for the recommendation.

(11) Subject to subsections (12) and (13), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (10)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(12) Where the Minister decides under subsection (11) that a draft direction should be issued under section 39 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) the material inconsistency for the purposes of subsection (1) of section 36 , and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 39 in accordance with the proposed terms for the draft direction under subsection (10), with or without such modifications as may be specified by the Minister in the direction.

(13) Where the Minister decides under subsection (11) that a draft direction should not be issued under section 39 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) the material inconsistency for the purposes of subsection (1) of section 36 and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(14) A direction issued under paragraph (b) of subsection (13) shall be laid before each House of the Oireachtas by the Minister.

Assessment of regional spatial economic strategy and revision by Office of Planning Regulator and recommendation to Minister

38. (1) The Office of the Planning Regulator shall, upon being notified by a regional assembly under this Chapter of—

(a) the making of a regional spatial and economic strategy,

(b) the making of any revision of a regional spatial and economic strategy, or

carry out an assessment of the regional spatial and economic strategy, revision or amendment, as the case may be, by reference to the criteria set out in subsection (3).

(2) (a) The Minister may, at any time, request the Office of the Planning Regulator to carry out an assessment of a regional spatial and economic strategy.

(b) The Minister or a regional assembly may, at any time, notify the Office of the Planning Regulator of any provision in a regional spatial and economic strategy (including, in the case of notification by a regional assembly under this paragraph, a regional spatial and economic strategy that relates to the region of a different regional assembly) that the Minister or regional assembly believes to be materially inconsistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework, or

(iii) National Planning Policies and Measures.

(c) Where the Office of the Planning Regulator receives a request under paragraph (a) or a notification under paragraph (b), it shall carry out an assessment of the regional spatial and economic strategy concerned in accordance with subsections (3) and (4).

(d) The Office of the Planning Regulator may, at any time, of its own initiative and for stated reasons, carry out an assessment of a regional spatial and economic strategy in accordance with subsections (3) and (4).

(3) In carrying out an assessment under subsection (1) or (2), the Office of the Planning Regulator shall, for the purposes of forming an opinion under subsection (8), in particular, consider—

(a) the National Planning Framework,

(b) the National Marine Planning Framework,

(d) National Planning Policy Guidance,

(e) any relevant transport strategy published by the National Transport Authority,

(f) any submissions and recommendations made by the Minister, the Office of the Planning Regulator, the National Transport Authority or any other body as may be prescribed, under this Chapter in respect of a draft regional spatial and economic strategy or revision, or proposed material amendment thereto, and

(g) the requirements of this Chapter.

(4) Where the Office of the Planning Regulator, as part of an assessment under subsection (1) or (2), forms a preliminary view that the regional spatial and economic strategy or any part or provision thereof should be suspended because it may be materially inconsistent with—

(a) the National Planning Framework,

(b) the National Marine Planning Framework, or

it may issue a notice to the regional assembly, which shall take effect immediately upon issuance and shall—

(i) suspend the effect of the regional spatial and economic strategy or part or provision thereof concerned pending the completion of the assessment, and

(ii) remain in effect pending the completion of the assessment and—

(I) the issuance by the Office of the Planning Regulator of a draft direction under section 39 , in accordance with a direction of the Minister under paragraph (b) of subsection (12),

(II) the issuance by the Minister of a direction under paragraph (b) of subsection (13) not to issue a draft direction, or

(III) the making of a recommendation by the Office of the Planning Regulator to the Minister under subsection (9) not to issue a draft direction.

(5) Where the Office of the Planning Regulator issues a notice to a regional assembly under subsection (4), it shall on the same day provide a copy of the notice to the Minister and publish the notice on a website maintained by or on behalf of the Office of the Planning Regulator.

(6) The Office of the Planning Regulator, in carrying out an assessment under subsection (1) or (2)—

(a) shall consult with the director and members of the regional assembly concerned, and

(b) may—

(i) require the director of the regional assembly concerned to provide it with such information as it considers necessary, and

(ii) consult with any other person it considers necessary.

(7) A director of a regional assembly shall furnish the Office of the Planning Regulator with any documentation or additional information that may be requested by the Office of the Planning Regulator, within the period specified in such a request.

(8) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that the regional spatial and economic strategy or regional spatial and economic strategy as revised or amended, as the case may be—

(a) is materially inconsistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework, or

(iii) National Planning Policies and Measures,

(b) departs from any relevant guidance set out in National Planning Policy Guidance and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the region,

(c) departs from any relevant transport strategy of the National Transport Authority and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the region, or

(d) is otherwise in contravention of a requirement of this Act,

it shall make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by—

(i) proposed terms for the draft direction, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39 , and

(ii) a statement of reasons for the recommendation.

(9) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that none of the criteria in paragraphs (a) to (d) of subsection (8) is met, it shall make a recommendation to the Minister that a draft direction under section 39 should not be issued, which recommendation shall be accompanied by a statement of reasons for the recommendation.

(10) The Office of the Planning Regulator shall notify the regional assembly concerned, and where applicable, any other regional assembly which made a notification in accordance with paragraph (b) of subsection (2), of a recommendation under subsection (8) or (9) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections.

(11) Subject to subsections (12) and (13), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (8)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(12) Where the Minister decides under subsection (11) that a draft direction should be issued under section 39 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) which of the criteria in paragraphs (a) to (d) of subsection (8) the Minister considers to be met, and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 39 in accordance with the proposed terms for the draft direction under subsection (8), with or without such modifications as may be specified by the Minister in the direction.

(13) Where the Minister decides under subsection (11) that a draft direction should not be issued under section 39 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) which of the criteria in paragraphs (a) to (d) of subsection (8) the Minister considers to be met and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(14) Where the Minister issues a direction under paragraph (b) of subsection (13) and the Office of the Planning Regulator has issued a notice to a regional assembly under subsection (4), the Office of the Planning Regulator shall notify the regional assembly concerned of the direction of the Minister for the purposes of subparagraph (II) of paragraph (ii) of subsection (4).

(15) A direction issued under paragraph (b) of subsection (13) shall be laid before each House of the Oireachtas by the Minister.

Issuance of draft direction by Office of Planning Regulator

39. (1) On receipt of a direction of the Minister to issue a draft direction under this Chapter, the Office of the Planning Regulator shall within 10 working days, subject to subsection (4), issue a draft direction, which if issued to a regional assembly in a direction issued by the Minister under section 40 would require—

(a) a regional spatial and economic strategy to be amended in the manner specified in the draft direction, and

(b) the regional assembly to implement the amendment referred to in paragraph (a) and publish the regional spatial and economic strategy as so amended.

(2) A draft direction issued under subsection (1) may identify any provision of a regional spatial and economic strategy that is the subject of the draft direction the operation of which, in the opinion of the Office of the Planning Regulator, ought to be suspended pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 40 .

(3) Where a draft direction issued under subsection (1) identifies a provision in accordance with subsection (2), the operation of the provision concerned shall be suspended from the date of the draft direction until the date a decision is made by the Minister under subsection (4) of section 40 .

(4) Before issuing a draft direction under subsection (1), the Office of the Planning Regulator shall—

(a) conduct a screening assessment in accordance with the Strategic Environmental Assessment Regulations to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on the environment, and

(b) conduct a screening assessment in accordance with Part 6 to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on any European site.

(5) (a) Where it is determined under paragraph (a) of subsection (4) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations.

(b) Where it is determined under paragraph (b) of subsection (4) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report in accordance with Part 6 .

(6) Where the Office of the Planning Regulator issues a draft direction in accordance with subsection (1), it shall—

(a) publish a notice of the issuance of the draft direction on a website maintained by or on behalf of the Office of the Planning Regulator and in one or more newspapers circulating in the region of the regional assembly that made the regional spatial and economic strategy concerned,

(b) direct the regional assembly to publish notice of the issuance of the draft direction on a website maintained by or on behalf of the regional assembly, and

(i) the Minister,

(ii) the director of the regional assembly,

(iii) the members of the regional assembly concerned,

(iv) where the region of the regional assembly includes a Gaeltacht, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(v) the Commission,

(vi) the National Transport Authority, and

(vii) any other body, as the Office of the Planning Regulator considers appropriate.

(7) A notice published under paragraph (a) of subsection (6) shall—

(a) state that the Office of the Planning Regulator has issued a draft direction in accordance with subsection (1),

(b) state that a determination has been made that strategic environmental assessment, or appropriate assessment, or both, as the case may be, is or is not required in respect of the draft direction,

(c) state that copies of the draft direction, determinations made in accordance with subsection (4) and any environmental report or Natura impact report prepared in accordance with subsection (5) will be made available for inspection by members of the public at such place and for such period as is specified in the notice,

(d) state that such copies will also be available for inspection on the website maintained by or on behalf of the Office of the Planning Regulator and of the regional assembly concerned,

(e) invite written submissions with respect to the draft direction and, where applicable, the strategic environmental assessment or appropriate assessment, before the expiration of such period (being not less than 4 weeks from the date of the notice) as is specified in the notice, and

(f) state that any such submissions made within the period specified in the notice shall be taken into account by the Office of the Planning Regulator in making a recommendation to the Minister as to whether to issue a direction in the terms of the draft direction and in the summary of submissions submitted to the Minister under subsection (12), which will be considered by the Minister in deciding whether to issue a direction under section 40 .

(8) Subject to subsections (9), (10) and (11), the Office of the Planning Regulator shall, not later than 6 weeks after the expiry of the period specified in a notice published under paragraph (a) of subsection (6), and having considered any submissions received in relation to a draft direction issued under subsection (1), including any submissions received from the director and members of the regional assembly—

(a) recommend that the Minister issue a direction under section 40 in the terms of the draft direction,

(b) recommend that the Minister issue a direction under section 40 in an amended form to take account of any submissions made pursuant to subsection (7), or

(9) Where the Office of the Planning Regulator, following consideration of any submissions received, is of the opinion that none of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met, the Office of the Planning Regulator shall make a recommendation under paragraph (c) of subsection (8), without prejudice to the power of the Office of the Planning Regulator to carry out further assessments pursuant to subsection (2) of section 38 .

(10) (a) Where it is determined under paragraph (a) of subsection (4) that a strategic environmental assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraphs (a) or (b) of subsection (8), carry out a strategic environmental assessment in respect of the draft direction that it is recommending that the Minister issue.

(b) Where it is determined under paragraph (b) of subsection (4) that an appropriate assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraphs (a) or (b) of subsection (8), carry out an appropriate assessment in respect of the draft direction that it is recommending that the Minister issue.

(11) A recommendation to the Minister under subsection (8) shall be accompanied by a report of the Office of the Planning Regulator setting out—

(a) a copy of the draft direction issued under subsection (1),

(b) a summary of any written submissions received from the director and members of the regional assembly in relation to the draft direction,

(c) a summary of any written submissions received from any other person in relation to the draft direction (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(d) an analysis and evaluation by the Office of the Planning Regulator of any written submissions referred to in paragraphs (b) and (c),

(e) the reasons for the recommendation of the Office of the Planning Regulator,

(f) where the Office of the Planning Regulator is recommending that the Minister issue a direction under section 40 in an amended form, a copy of the proposed amended draft direction, and

(g) where required, the strategic environmental assessment or appropriate assessment, or both, as the case may be, carried out by the Office of the Planning Regulator under subsection (10) in relation to the direction which it is recommending that the Minister issue.

(12) A copy of the recommendation and report sent to the Minister under subsections (8) and (11), and any submissions made in relation to the draft direction, shall be—

(a) made available on a website maintained by or on behalf of the Office of the Planning Regulator, and

(b) sent to the regional assembly concerned.

(13) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

Power of Minister to issue direction

40. (1) The Minister may, subject to this section, issue a direction to a regional assembly requiring—

(a) a regional spatial and economic strategy to be amended in the manner specified in the direction, and

(b) the regional assembly to implement the amendment referred to in paragraph (a) and publish the regional spatial and economic strategy as so amended.

(2) The Minister may only issue a direction under subsection (1) where the Office of the Planning Regulator has issued a draft direction under subsection (1) of section 39 and made a recommendation under subsection (8) of that section.

(3) The Minister may only issue a direction under subsection (1) where he or she is satisfied that one or more of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met.

(4) Within 8 weeks of receipt of the recommendation and report of the Office of the Planning Regulator in accordance with subsections (8) and (11) of section 39 , the Minister shall—

(a) consider the recommendation and report,

(b) consider any summary of submissions received by the Office of the Planning Regulator in relation to the draft direction issued under subsection (1) of section 39 ,

(c) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator, and

(d) where the decision is to issue a direction under subsection (1)—

(i) identify in the stated reasons provided under paragraph (c) which of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 the Minister considers to be met, and

(ii) issue the direction in accordance with subsection (5).

(5) The Minister may issue the direction under subsection (1) to the regional assembly—

(a) in the terms of the draft direction recommended by the Office of the Planning Regulator under subsection (8) of section 39 ,

(b) in the terms referred to in paragraph (a) with such minor modifications as the Minister considers appropriate, or

(c) subject to subsection (8), in the terms referred to in paragraph (a) with such other modifications as the Minister considers appropriate.

(6) For the purposes of paragraph (b) of subsection (5), a modification shall be deemed to be minor where it is not likely to have significant effects on the environment or on any European site.

(7) Prior to issuing a direction under subsection (1), the Minister shall consider any strategic environmental assessment or appropriate assessment included in the Office of the Planning Regulator’s report to the Minister in accordance with paragraph (g) of subsection (11) of section 39 and may adopt such assessment or make his or her own assessment and determination in respect of the direction.

(8) Before issuing a direction under paragraph (c) of subsection (5), the Minister shall request the Office of the Planning Regulator to—

(a) conduct a screening assessment in accordance with the Strategic Environmental Assessment Regulations to determine whether the modifications, if incorporated into the direction and issued and complied with, would be likely to have significant effects on the environment, and

(b) conduct a screening assessment in accordance with Part 6 to determine whether the modifications, if incorporated into the direction and issued and complied with, would be likely to have significant effects on any European site.

(9) (a) Where it is determined under paragraph (a) of subsection (8) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report and proceed to conduct an assessment in accordance with the Strategic Environmental Assessment Regulations.

(b) Where it is determined under paragraph (b) of subsection (8) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report and proceed to conduct an assessment in accordance with Part 6 .

(c) The Office of the Planning Regulator shall report the outcome of any assessment carried out under paragraph (a) or (b) to the Minister.

(10) Where the Minister decides, whether or not in accordance with a recommendation made by the Office of the Planning Regulator under subsection (8) of section 39 , not to issue a direction under subsection (1), the Minister may request the Office of the Planning Regulator to carry out a further assessment under subsection (2) of section 38 .

(11) A copy of a direction issued under subsection (1), together with a statement of reasons for making the direction, shall, within 5 working days beginning on the date on which the direction is issued—

(a) be provided to the regional assembly concerned and the Office of the Planning Regulator,

(b) be provided to all planning authorities within the region of the regional assembly concerned,

(d) be published on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage, and

(e) be laid before each House of the Oireachtas by the Minister.

(12) Within 5 working days of receipt of a direction in accordance with subsection (11), the Office of the Planning Regulator and the regional assembly concerned shall each publish the direction on a website maintained by or on behalf of the Office of the Planning Regulator and the regional assembly.

(13) Where the Minister decides not to issue a direction under subsection (1), he or she shall—

(a) provide a statement of reasons for deciding not to issue a direction to the regional assembly concerned and the Office of the Planning Regulator,

(b) give notice to the Commission of the decision not to issue a direction,

(d) as soon as practicable, make the statement referred to in paragraph (a) available on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage.

(14) Where the Minister issues a direction under subsection (1), the regional assembly shall, within 10 working days, comply with that direction and the director of the regional assembly or the members of the regional assembly shall not exercise any function conferred on them by or under this Act in a manner that contravenes the direction.

(15) A direction issued by the Minister under subsection (1) shall have immediate effect and its terms shall be deemed to be incorporated into the regional spatial and economic strategy, or, if appropriate, to constitute the regional spatial and economic strategy, pending the implementation and publication by the regional assembly, in accordance with the direction, of the regional spatial and economic strategy as amended by that direction.

(16) Where, in any application for judicial review of a direction made pursuant to this section in accordance with the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) and Part 9 , the Court concludes that the Minister was not entitled to form the opinion that one or more of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met, this shall not warrant the quashing of the direction where—

(a) the Minister was also of the opinion that one or more of the other criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met, and

(b) the Court finds that the Minister was entitled to form such an opinion.

(17) Where two or more regional assemblies jointly make a regional spatial and economic strategy for the combined regions of those regional assemblies or part of the combined regions, or a revision of such a strategy, a reference in sections 38 and 39 and this section to the regional assembly shall be construed as referring to each such regional assembly.

(18) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

Continuation in force of pre-commencement regional spatial and economic strategies

41. (1) Notwithstanding the repeal of section 21 of the Act of 2000 effected by section 6 , any regional spatial and economic strategy made under that section that was in force in respect of the region of a regional assembly immediately before such repeal shall, subject to subsection (3) and sections 36 and 37 , continue in force on and after that repeal—

(a) for the remainder of the period stated in the strategy for which it is to remain in force, or

(b) until a new regional spatial and economic strategy has been made under this Chapter in respect of the region to which the strategy relates,

whichever is the shorter period.

(2) A regional spatial and economic strategy continued in force under subsection (1) shall have effect as it if were a regional spatial and economic strategy made under this Chapter.

(3) The Minister may, by order, for the purposes of ensuring the effective operation of this Part and subject to subsection (4) of section 40 , vary for such period as he or she considers appropriate, the period for which a regional spatial and economic strategy continued in force under subsection (1) is to remain in force.

(4) Prior to making an order under subsection (3), the Minister shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Regulations) and the Habitats Directive (and Part 6 ).

(5) Where a provision of a regional spatial and economic strategy continued in force under subsection (1) conflicts with a provision of the National Planning Framework for the time being in force, the latter shall take precedence.

Chapter 5

Development Plans

Obligations to make and review development plan

42. (1) Subject to paragraph (b) of subsection (5), a planning authority shall make a development plan for its functional area every 10 years.

(2) Not later than 8 years after the making of each development plan for the functional area of a planning authority, the planning authority shall commence a review of the development plan in accordance with sections 53 and 54 , with a view to making a new development plan in accordance with section 55 .

(3) The review of a development plan and preparation of a new development plan shall be strategic in nature for the purposes of enabling a planning authority to develop—

(a) an integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates,

(b) policies and objectives that are necessary for the purposes of such a strategy,

(d) any settlement-specific objectives that the planning authority is required to prepare under section 52 .

(4) A development plan shall relate to the whole functional area of the planning authority.

(5) (a) Subject to paragraph (b), a development plan shall have effect for a period of 10 years beginning on the date on which it comes into effect under subsection (17) of section 55 .

(b) Where the Minister, at the request of the chief executive of a planning authority, certifies in writing that exceptional circumstances exist warranting the extension of the period referred to in paragraph (a), the Minister may extend that period by such further period of no more than 2 years as may be specified by the Minister.

(6) Any assessment carried out in relation to a development plan for the purposes of complying with the requirements of Article 6(3) of the Habitats Directive or the Strategic Environmental Assessment Directive shall take account of the fact that the development plan may, by virtue of paragraph (b) of subsection (5), have effect for a period of 12 years.

(7) (a) In making or varying a development plan, a planning authority shall have regard to the development plans of adjoining planning authorities and shall, insofar as is practicable, coordinate the objectives in the development plan with the objectives in the plans of those authorities.

(b) The Minister may require two or more planning authorities to coordinate the development plans for their functional areas generally or in respect of specified matters and in a manner specified by the Minister.

(d) Any dispute between the planning authorities in question arising out of the requirement under paragraph (b) shall be determined by the Minister.

(e) Where a planning authority fails to comply with a requirement made of it under paragraph (b), the Minister may apply to the High Court for an order directing the planning authority to comply with the requirement.

(8) In reviewing a development plan in accordance with sections 53 and 54 and making a development plan under section 55 or a variation to a development plan under section 58 , a planning authority shall—

(a) ensure the proper planning and sustainable development of the area to which the development plan relates,

(b) ensure that the development plan is materially consistent with—

(i) the National Planning Framework,

(ii) where the planning authority is a coastal planning authority, the National Marine Planning Framework,

(iii) the regional spatial and economic strategy for the region within which the planning authority’s functional area is located, and

(iv) any relevant National Planning Policies and Measures,

(i) any relevant National Planning Policy Guidance,

(ii) matters relevant to the preparation and making of a development plan under this Act,

(iii) any likely significant effects the implementation of the plan may have on the functional area of any adjoining planning authority,

(iv) any relevant transport strategy of the National Transport Authority which relates to all or any part of the functional area of the planning authority, and

(v) the protection of water sources,

and

(d) in the case of a coastal planning authority, have regard to the marine planning policy statement prepared and published under section 6 of the Act of 2021.

Content of development plan

43. (1) A development plan shall set out—

(a) an integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates,

(b) the strategies and statements prepared under sections 44 to 51 ,

(c) objectives for the promotion, management and protection of areas, uses and structures that are relevant to the implementation of the strategies referred to in paragraph (b),

(d) any settlement-specific objectives that the planning authority is required to prepare under section 52 , and

(e) a record of protected structures within the functional area of the planning authority, in accordance with subsection (3) of section 306 .

(2) The integrated overall strategy for the proper planning and sustainable development of the area referred to in paragraph (a) of subsection (1) shall be set out in a written statement, with such accompanying maps or other diagrammatic or visual representations as the planning authority consider appropriate.

(3) The written statement referred to in subsection (2) shall form a clearly identifiable part of the development plan and shall include—

(a) a statement explaining how the following matters have been or, as appropriate, are being implemented in the development plan:

(i) national and regional development objectives, including in relation to population and housing, set out in the National Planning Framework and the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated;

(ii) any national planning policy contained in National Planning Policies and Measures which is relevant and applies to the functional area to which the development plan relates,

(b) except where the functional area to which the development plan relates consists solely of a city, a settlement hierarchy,

(c) where the functional area to which the development plan relates consists of or includes a city, a settlement strategy for the city,

(d) a statement demonstrating the manner in which the plan coordinates land-use with existing and planned investment in necessary public infrastructure and services for the period to which the plan relates,

(e) a statement demonstrating the manner in which the plan provides a coherent and integrated framework for the implementation of the strategies and statements referred to in paragraph (b) of subsection (1),

(f) a statement demonstrating the manner in which the plan is coordinated with the integrated overall strategy of the development plan of any adjoining planning authority and any matters specified by the Minister under paragraph (b) of subsection (7) of section 42 ,

(g) a statement demonstrating the manner in which the plan takes due account of any relevant transport strategy published by the National Transport Authority, and

(h) a statement demonstrating the manner in which the plan incorporates objectives to conserve and protect the environment of the area to which the development plan relates and supports the implementation of—

(i) the most recent climate action plan approved by the Government under section 4 (9) of the Climate Action and Low Carbon Development Act 2015 and the national adaptation framework, long-term climate action strategy and any sectoral adaptation plans prepared under that Act,

(ii) the strategy relating to climate change adaptation and mitigation contained in the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and

(iii) the local authority’s climate action plan made under section 14B of the Climate Action and Low Carbon Development Act 2015 by the local authority for the area to which the development plan relates.

(4) For the purposes of paragraph (b) of subsection (3), a settlement hierarchy is a ranking of settlements in the functional area of the planning authority taking account of their role and functions, having regard to—

(a) any relevant designations in the National Planning Framework and the regional spatial and economic strategy,

(b) the existing and planned population of each settlement,

(d) existing and planned investment in the capacity of transport (including public transport), community facilities, water services, and utility infrastructure, and

(e) the potential for economic and social development of each settlement.

(5) For the purposes of paragraph (c) of subsection (3), a settlement strategy is a strategy allocating planned development to areas of the city concerned taking account of—

(a) the existing and planned population of the city,

(b) the location and extent of the city centre,

(d) existing and planned investment in the capacity of transport (including public transport), community facilities, water services, and utility infrastructure, and

(e) the potential for economic and social development of the city.

(6) The written statement referred to in subsection (2) shall include objectives for the zoning of land for a particular use or mixture of uses and shall incorporate an accompanying map which illustrates the zoning objectives applicable to all land in the functional area of the planning authority.

(7) The written statement referred to in subsection (2) shall include confirmation of compliance by the planning authority with the requirements of subsection (8) of section 42 .

(8) Where a development plan as made or varied departs from any relevant guidance contained in National Planning Policy Guidance, the written statement referred to in subsection (2) shall include a statement of the reasons why, in the opinion of the planning authority—

(a) the departure is not detrimental to the proper planning and sustainable development of the area, and

(b) the departure is justified having regard to the proper planning and sustainable development of the area.

(9) The planning authority shall ensure that the strategies and statements referred to in paragraph (b) of subsection (1) are coordinated and consistent with one another and with the integrated overall strategy for the proper planning and sustainable development of the area and shall ensure that the development plan overall is internally consistent and coherent.

(10) There shall be no presumption in law that any land zoned in a development plan for a particular use or mixture of uses shall remain so zoned in any subsequent development plan.

Obligation to prepare strategy for sustainable development and regeneration

44. (1) A planning authority shall prepare a strategy for the sustainable development and regeneration of the functional area of the planning authority.

(2) The strategy referred to in subsection (1) shall set out objectives relating to:

(a) the prioritisation of and measures to facilitate compact urban development, including the development and renewal of lands or sites within existing developed urban areas which are derelict, redundant or otherwise underutilised and have the capacity to accommodate development relative to the scale of the settlement;

(b) the provision, or facilitation of the provision, of sustainable integrated transport, public transport and road traffic systems (including appropriate parking provision), pedestrian and cycling infrastructure, air and sea transport, and the promotion of the development of local transport plans;

(c) the provision, or facilitation of the provision, of infrastructure including water supplies, waste water services, waste recovery and disposal facilities, energy generation infrastructure and facilities, including for the generation of renewable energy, communication facilities, and any ancillary facilities or services;

(d) the regulation of development, including the setting of appropriate development management policies and standards, for the purposes of promoting sustainable use of land, sustainable rural development, preserving the character of an area, and avoiding, reducing or mitigating significant adverse effects on the environment and residential amenity;

(e) such other matters as may be prescribed.

Obligation to prepare strategy relating to economic development

45. (1) A planning authority shall prepare a strategy for the appropriate economic development of the functional area of the planning authority, having regard to the proper planning and sustainable development of the area.

(2) The strategy referred to in subsection (1) shall set out objectives relating to:

(a) the promotion of sustainable economic development, employment generation and retail provision;

(b) the location of employment-related, industrial and commercial development, having regard to—

(i) economic and employment trends, and

(ii) the promotion of sustainable transport;

(d) the location of retail development, having regard to sustainable transport and the vibrancy of town centres;

(e) identifying the attributes of particular places within the functional area that are essential to enhancing economic performance, including the quality of the environment, cities, towns and rural areas, the physical infrastructure, and the social, community and cultural facilities;

(f) such other matters as may be prescribed.

Obligation to prepare housing development strategy

46. (1) A planning authority, other than one to which subsection (1) of section 47 applies, shall prepare a housing development strategy for its functional area which—

(a) distributes planned population and housing growth within the area,

(b) identifies the spatial capacity of urban and rural locations to accommodate planned population, and

(2) A housing development strategy prepared under subsection (1) shall be materially consistent with the housing strategy prepared under section 242 .

(3) The housing development strategy shall include:

(a) population and housing growth targets in tabular form, consistent with the regional spatial and economic strategy, allocated over the period of the development plan to each of the following:

(i) each settlement with a population of 1,500 or more at the last census;

(ii) groups of settlements with a population of less than 1,500 at the last census;

(iii) the open countryside outside settlements identified in the settlement hierarchy;

(b) in relation to each settlement or group of settlements referred to in subparagraphs (i) and (ii) of paragraph (a), an estimation of the land that is required to be zoned for residential use or a mix of residential and other uses to accommodate the allocated population and housing growth targets and to ensure that sufficient and suitable land is zoned having regard to—

(i) the settlement hierarchy,

(ii) existing capacity, and planned investment in capacity, in transport (including, in particular, transport infrastructure), community facilities, water services, utility infrastructure and any other necessary public infrastructural facilities and services,

(iii) residential density or a range of densities appropriate to the settlement,

(iv) an estimation of the capacity of compact urban development sites to accommodate development for residential use or a mixture of residential and other uses over the period of the plan,

(v) an estimation of the capacity of any part of long-term strategic development sites to deliver housing units over the period of the plan, and

(vi) the number of housing units permitted under existing permissions but not yet built and the expected timeframe within which those units will be completed;

(c) an analysis of vacant and derelict land or sites within the area and an estimation of the number of housing units that could be activated from the land or sites;

(d) a strategy to activate vacant and derelict land or sites into housing units;

(e) a statement of measures to prioritise compact urban development sites for residential use or a mixture of residential and other uses;

(f) where subsection (6) applies in respect of a settlement, a statement specifying that an urban area plan is required in respect of the settlement concerned;

(g) where subsection (7) applies in respect of part of a settlement, a statement specifying that a priority area plan is required in respect of the part of the settlement concerned;

(h) objectives to secure the implementation of the housing strategy, in particular, any of the matters referred to in subsection (5) of section 242 , including objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses, be made available for the provision of housing of the types referred to in paragraph (f) of subsection (5) and subsection (6) of section 242 ;

(i) objectives regarding the provision of accommodation for members of the traveller community and the use of particular areas for that purpose;

(j) objectives relating to the monitoring of the progress achieved in implementing the housing development strategy;

(k) objectives relating to such other matters as may be prescribed.

(4) The housing development strategy may—

(a) include specific objectives as referred to in paragraph (h) of subsection (3) in respect of each area zoned for residential use, or for a mixture of residential and other uses, and, where required by local circumstances relating to the amount of housing required as estimated in the housing strategy under subsection (6) of section 242 , different specific objectives may be indicated in respect of different areas, subject to the specified percentage referred to in subsection (10) of section 242 not being exceeded, and

(b) indicate in respect of any particular area referred to in paragraph (a) that there is no requirement for housing referred to in subsection (6) of section 242 in respect of that area, or that a lower percentage than that specified in the housing strategy may instead be required in order to counteract undue segregation in housing between persons of different social backgrounds.

(5) Nothing in paragraphs (b) and (h) of subsection (3), subsection (4) or section 245 or 253 shall prevent any land zoned for residential use or a mix of residential and other uses being developed exclusively for housing of the types referred to in paragraph (a) or (b) of subsection (6) of section 242 .

(6) This subsection applies in respect of a settlement where—

(a) the settlement is situated within the functional area of the planning authority,

(b) the settlement is a regional growth centre or key town, and

(c) in the opinion of the planning authority, the settlement is to be the subject of planned physical or population growth of such a scale as to require an integrated approach to the land-use and transportation planning for the entire urban area of the settlement.

(7) This subsection applies in respect of part of a settlement where the part concerned is situated within the functional area of the planning authority and—

(a) may be the subject of significant physical or population growth relative to the scale of the settlement in which the area is situated,

(b) is in need of physical, social or economic renewal, or

(c) requires the coordinated delivery of physical or other infrastructure that cannot otherwise be provided for in the settlement-specific objectives of the development plan for the settlement in which the part is situated.

Obligation to prepare housing development strategy where planning authority’s functional area consists solely of city

47. (1) A planning authority whose functional area consists solely of a city shall prepare a housing development strategy which—

(a) distributes planned population and housing growth within the city,

(b) identifies the spatial capacity of different areas of the city to accommodate planned population, and

(2) A housing development strategy prepared under subsection (1) shall be materially consistent with the housing strategy prepared under section 242 .

(3) The housing development strategy shall include:

(a) population and housing growth targets for the city for the period to which the development plan relates;

(b) the number of housing units permitted under existing permissions but not yet built and the expected timeframe within which those units will be completed;

(c) an analysis of vacant and derelict land or sites within the area and an estimation of the number of housing units that could be activated from the land or sites;

(d) a strategy to activate vacant and derelict land or sites into housing units;

(e) a statement, with accompanying tables and maps—

(i) which estimates the land required to be zoned for residential use or a mix of residential and other uses to ensure that sufficient and suitable land is zoned, and

(ii) which identifies land that is suitable for significant development for residential use or a mixture of residential and other uses over the period of the development plan, including in particular an estimate of the capacity of each of the following to accommodate development for residential use or a mixture of residential and other uses during the period to which the development plan relates and targets as to the amount of housing to be provided within each of the following during that period:

(I) any long-term strategic development sites;

(II) any area within the city designated for the preparation of a coordinated area plan, priority area plan or urban area plan;

(III) any compact urban development sites identified as suitable for development for residential use or a mixture of residential and other uses;

(IV) any greenfield site identified as suitable for development for residential use or a mixture of residential and other uses;

(f) identification of existing capacity, and planned investment in capacity, in transport (including, in particular, transport infrastructure), community facilities, water services, utility infrastructure and any other necessary public infrastructural facilities and services;

(g) where subsection (6) applies in respect of part of the city, a statement specifying that a priority area plan is required in respect of that part of the city;

(i) objectives regarding the provision of accommodation for members of the traveller community and the use of particular areas for that purpose;

(j) objectives relating to the monitoring of the implementation of the strategy;

(k) objectives relating to such other matters as may be prescribed.

(4) The housing development strategy may:

(5) Nothing in subparagraph (i) of paragraph (e) or paragraph (h) of subsection (3), subsection (4), or section 245 or 253 shall prevent any land zoned for residential use or a mix of residential and other uses being developed exclusively for housing of the types referred to in paragraph (a) or paragraph (b) of subsection (6) of section 242 .

(6) This subsection applies in respect of part of the city where the part concerned is situated within the functional area of the planning authority and—

(a) may be the subject of significant physical or population growth relative to the scale of the expected physical or population growth of the city as a whole,

(b) is in need of physical, social or economic renewal, or

(c) requires the coordinated delivery of physical or other infrastructure that cannot otherwise be provided for in settlement-specific objectives included in the development plan in accordance with subsection (2) of section 52 for the part of the city concerned.

(7) In this section, “greenfield site” means land that has not previously been built upon.

Obligation to prepare strategy relating to creation, improvement and preservation of sustainable places and communities

48. (1) A planning authority shall prepare a strategy for the creation, improvement and preservation of sustainable places and communities for the functional area of the planning authority.

(2) The strategy shall include objectives for:

(a) the provision, or the facilitation of the provision, improvement, extension and preservation of amenities, facilities and services to meet the social, community, recreational and cultural requirements of the functional area, including the needs of children, the elderly and persons with disabilities;

(b) the protection of the linguistic and cultural heritage, including the protection of Irish as the community language, of any Gaeltacht in the functional area to which the development plan relates;

(c) the promotion of high standards (including high standards in public areas) of urban design, architecture and landscaping to enhance, improve and maintain the quality and character of urban and rural areas;

(d) the reservation of land for use and cultivation as allotments and prescribed community gardens and the regulation, promotion, facilitation or control of the provision of land for that use;

(e) such other matters as may be prescribed.

(3) In this section—

“allotment” means an area of land comprising not more than 1,000 square metres let or available for letting to and cultivation by—

(a) a person who is a member of the local community and lives adjacent or near to that area of land, or

(b) more than one person, each of whom is a member of the local community and lives adjacent to or near to that area of land,

for the purpose of the production of vegetables or fruit mainly for consumption by the person or a member of his or her family;

“community garden” means an area of land that—

(a) is let or available for letting from a local authority to members of the local community for collective gardening purposes, and

(b) is used or intended for use—

(i) wholly or mainly for either or both of the following:

(I) the production of vegetables or fruit mainly for consumption by members of the local community;

(II) the propagation of plants for environmental or decorative purposes in the local community,

and

(ii) otherwise than for profit.

Obligation to prepare strategy relating to environment and climate change

49. (1) A planning authority shall prepare a strategy for the conservation, protection and improvement of the environment (including the facilitation of climate adaptation and mitigation) for the functional area of the planning authority.

(2) The strategy shall include objectives relating to:

(a) the facilitation of climate adaptation and mitigation as provided for in policies and measures of the Government and implementation of the local authority climate action plan made under section 14B of the Climate Action and Low Carbon Development Act 2015 by the local authority for the area to which the development plan relates in a manner consistent with—

(i) the strategy relating to climate change adaptation and mitigation in the regional spatial and economic strategy of the regional assembly for the region within whose area the functional area of the planning authority is situated, and

(ii) the climate action plan approved by the Government under section 4 (9) of the Climate Action and Low Carbon Development Act 2015 ;

(b) the promotion of compliance with environmental standards in relation to water quality and status, having regard to the Water Framework Directive;

(c) the regulation, restriction and management of development on or under land in inland and coastal areas at risk of flooding and erosion;

(d) the reduction of the risk of serious danger to human health or the environment, including in areas at risk of erosion and other natural hazards, and the limitation and mitigation of the consequences and effects of natural hazards;

(e) the reduction of the risk of serious danger to human health or the environment arising from a major accident having regard to the Seveso III Directive, and the limitation and mitigation of the consequences and effects of major accidents;

(f) the control, regulation and, where appropriate, promotion of the exploitation of natural resources;

(g) such other matters as may be prescribed.

(3) A planning authority shall seek to ensure the coordination of the preparation of a strategy under subsection (1) with the preparation of a local authority climate action plan under section 14B of the Climate Action and Low Carbon Development Act 2015 .

Obligation to prepare strategy for conservation, etc., of natural and built heritage

50. (1) A planning authority shall prepare a strategy for the conservation, protection, management and improvement of the natural, archaeological and built heritage and landscape in the functional area of the planning authority.

(2) The strategy shall include objectives for the conservation, protection, management and improvement of—

(a) European sites and the Natura 2000 network in accordance with the Habitats Directive and the Birds Directive (including objectives to encourage the management of the features of the landscape that are of major importance for wild flora and fauna in accordance with Article 10 of the Habitats Directive),

(b) biodiversity in accordance with the EU Biodiversity Strategy and the National Biodiversity Action Plan including in particular the protection of trees, groups of trees or other features of ecological significance,

(d) any—

(i) monuments or wrecks as defined by or designated under the National Monuments Acts 1930 to 2014, and

(ii) monuments, archaeological objects or historic objects as defined by, designated under or otherwise protected under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 ,

(e) World Heritage Properties, having due regard to the reasons for the inscription of the property on the World Heritage List under Article 11 of the World Heritage Convention,

(f) World Heritage candidate sites,

(g) archaeological sites,

(h) any architectural conservation area,

(i) any structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest,

(j) places, caves, sites, features and other objects of archaeological, geological, historical, scientific or ecological interest,

(k) landscapes, views and prospects in a manner consistent with the strategy referred to in paragraph (m) of subsection (1) of section 29 and having due regard to any framework of any Minister or the Government for the management and planning of landscapes developed having regard to the European Landscape Convention done at Florence on 20 October 2000,

(l) places and features of natural beauty or interest, and

(m) such other land, or such other things relating to the natural, archaeological or built heritage, as may be prescribed.

(3) In this section—

“EU Biodiversity Strategy” means the EU Biodiversity Strategy for 2030 and associated action plan (Annex) or any document published by the European Commission which amends or replaces that strategy or associated plan;

“World Heritage candidate site” means a property included in the most recent inventory submitted on behalf of the State to the World Heritage Committee in accordance with Article 11 of the World Heritage Convention;

“World Heritage Convention” means the Convention Concerning the Protection of the World Cultural and Natural Heritage done in Paris on 23 November 1972;

“World Heritage Property” means a property included in the World Heritage List under Article 11 of the World Heritage Convention and which is situated in the State.

Obligation to prepare objectives for management of areas, uses and structures

51. (1) A planning authority shall prepare a statement containing objectives for the control of areas, uses of land and structures in its functional area (referred to in this section as a “development management statement”).

(2) A development management statement may include objectives for any of the following:

(a) regulating and controlling the layout of areas and structures, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures;

(b) regulating and controlling the design, colour and materials of structures and groups of structures, including in particular streets and townscapes, and structures and groups of structures in rural areas;

(d) regulating and controlling, either generally or in particular areas and in a manner that is materially consistent with relevant National Planning Policies and Measures, any of the following matters:

(i) the size, height, floor area and character of structures;

(ii) building lines, coverage, residential amenity space and other structures;

(iii) the extent of parking places required in, on or under structures of a particular class or size, or services or facilities for the parking, loading, unloading or fueling of vehicles;

(iv) the objects which may be affixed to structures;

(v) the purposes for and the manner in which structures may be used or occupied, including, in the case of a house, letting in separate units;

(e) regulating and controlling the disposition or layout of land and structures or structures of a particular type, including the reservation of sufficient open space in relation to the number, type and character of structures in any particular development proposal, road layout, landscaping and planting;

(f) regulating, restricting, controlling or promoting the use of any land or structure for a particular purpose, whether temporarily or permanently;

(g) preserving a specific public right of way, including a public right of way which gives access to any seashore, mountain, lakeshore, riverbank, monument or other place of natural beauty or recreational utility;

(h) improvement of any area to which a special amenity area order relates.

(3) An objective included in a development management statement may relate to the whole of or any part of the functional area or to a particular structure within the functional area.

(4) Nothing in this section shall affect the existence or validity of any public right of way.

(5) An objective included in a development plan under this section shall not be construed as affecting the power of a local authority to extinguish a public right of way under section 73 of the Roads Act 1993 .

Settlement-specific objectives

52. (1) A planning authority shall prepare a statement containing—

(a) objectives of the types specified in subsection (3) (in this Part referred to as “settlement-specific objectives”), in respect of—

(i) all settlements with a population of 1,500 or more at the last census, other than a city,

(ii) settlements with a population of less than 1,500 at the last census, where the planning authority considers that the settlement concerned has the capacity to accommodate significant growth relative to the scale of the settlement,

(iii) any Gaeltacht to which subsection (8) applies, and

(iv) any inhabited offshore island to which subsection (8) applies,

(b) a summary of the role and function of each settlement for which settlement- specific objectives are provided under this section, consistent with the settlement hierarchy or the settlement strategy, as the case may be, and

(i) the boundaries of each settlement to which the settlement-specific objectives relate,

(ii) the zoning objectives applicable to the functional area as set out in the integrated overall strategy of the development plan in accordance with subsection (6) of section 43 ,

(iii) any area which has been designated as an area in respect of which a priority area plan is required to be prepared,

(iv) any area which has been designated in a regional spatial and economic strategy as an area in respect of which a coordinated area plan is required to be prepared,

(v) the core retail area of any town centre,

(vi) any area that is the subject of an objective under subsection (4) or (5),

(vii) the indicative location or alignment of planned elements of physical infrastructure, including road infrastructure, rail infrastructure, pedestrian and cycling infrastructure, and air and sea transport infrastructure,

(viii) the location of elements of the natural and built heritage identified at paragraph (a) to paragraph (m) of subsection (2) of section 50 , and

(ix) any European site.

(2) Where the functional area of a planning authority consists of or includes a city, the planning authority shall prepare settlement-specific objectives for—

(a) any part of the city in respect of which a priority area plan is required to be prepared, and

(b) any other part of the city containing lands that the planning authority considers—

(i) to be suitable for significant growth and regeneration, and

(ii) would benefit from being the subject of specific objectives,

and references in this section to a settlement shall, in such cases, be construed as references to the part of the city concerned.

(3) The settlement-specific objectives are—

(a) objectives for implementing in the settlement concerned the matters referred to in paragraphs (a) and (b) of subsection (1) of section 43 ,

(b) sustainable placemaking objectives relevant to the protection, renewal and growth of the settlement concerned, having regard to the physical, socio-economic, cultural and environmental context of the settlement, and

(4) Where paragraph (a) of subsection (2) applies, the settlement-specific objectives may also include any of the following for the purpose of guiding the preparation of the priority area plan:

(a) objectives of the type specified in section 51 which shall be applicable to a particular site or particular land within the overall area to be the subject of a priority area plan;

(b) a specification, in a manner that is materially consistent with relevant National Planning Policies and Measures, of a range of densities and building heights within the site or land referred to in paragraph (a);

(c) details of the estimated capacity of the overall area to be the subject of the priority area plan to accommodate development, having regard to the range of densities and building heights specified under paragraph (b).

(5) Where paragraph (b) of subsection (2) applies, the settlement-specific objectives shall also include the following:

(a) objectives of the type specified in section 51 which shall be applicable to a particular site or particular land within the part of the city concerned;

(c) details of the estimated capacity of that site or land to accommodate development, having regard to the range of densities and building heights specified under paragraph (b).

(6) A statement prepared in accordance with subsection (1) may, subject to subsection (7), set out reasons for which permission for a proposed development may be refused on the ground that a grant of permission would be premature pending the making of an urban area plan, priority area plan or coordinated area plan for an area which includes the site of the proposed development.

(7) The reasons which may be set out under subsection (6) shall be limited to—

(a) the need to prescribe in a plan referred to in subsection (6) a layout for infrastructure serving the site or area concerned prior to the grant of permission for proposed development,

(b) the need to designate in such a plan parts of the site or area concerned as being appropriate to accommodate necessary infrastructural, community and amenity facilities or uses prior to the grant of permission for proposed development, or

(c) the need to set out in such a plan, prior to the grant of permission, the sequence or phases in which the site or area concerned should be developed, having regard to the timing of the provision of infrastructure and community and amenity facilities or uses necessary for the development of sustainable communities.

(8) This subsection applies in respect of a Gaeltacht or inhabited offshore island situated within the functional area of the planning authority that is—

(a) in need of physical, social or economic renewal, or

(b) requires the coordinated delivery of physical or other infrastructure that cannot otherwise be provided for in settlement-specific objectives of the development plan in accordance with this section for the Gaeltacht or inhabited offshore island concerned.

Consultation with Office of Planning Regulator before preparation of draft development plan

53. (1) At least 3 months before commencing the review of a development plan referred to in subsection (2) of section 42 , a planning authority shall consult the Office of the Planning Regulator on matters relevant to the preparation of an integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates, taking due account of—

(a) the requirement that the plan be materially consistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework,

(iii) the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and

(iv) any relevant National Planning Policies and Measures,

(b) any relevant National Planning Policy Guidance,

(c) any relevant transport strategy of the National Transport Authority which relates to all or any part of the functional area of the planning authority, and

(d) the development plans of adjoining planning authorities.

(2) For the purposes of facilitating the consultation referred to in subsection (1), a planning authority shall prepare and furnish to the Office of the Planning Regulator a development plan review report which shall provide—

(a) details of relevant changes, since the making of the development plan, to—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework,

(iii) the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and

(iv) National Planning Statements (including details of any new National Planning Statements issued since the making of the development plan),

(b) a summary of any variations made to the development plan since it came into effect,

(c) an overview of progress made in implementing the integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates, and

(d) a preliminary identification of the key strategic issues arising in the context of the review of the existing development plan and the preparation and making of a new development plan.

(3) Following the consultation referred to in subsection (1), the Office of the Planning Regulator shall, after having regard to the matters referred to in paragraphs (a) to (d) of subsection (1), issue a document (referred to in this Part as the “Opinion on Development Plan Strategy”) identifying any matters relevant to the formulation of an integrated overall strategy for the proper planning and sustainable development of the functional area that require to be dealt with in the development plan.

(4) The Opinion on Development Plan Strategy shall be issued not later than 2 months after the commencement of the consultation under subsection (1).

(5) A planning authority shall take due account of an Opinion on Development Plan Strategy in the preparation and making of a development plan.

(6) On the basis of the Opinion on Development Plan Strategy, the planning authority shall prepare a document (referred to in this Part as a “Strategic Issues and Options Paper”) which—

(a) shall take due account of the matters referred to in paragraphs (a) to (d) of subsection (1),

(b) shall set out in general terms the matters that are to be dealt with in—

(i) the integrated overall strategy for the proper planning and development of the functional area, and

(ii) the strategies and statements prepared under sections 44 to 51 , that are to be included in the development plan,

and

Notice of intention to review development plan and preparation of draft development plan

54. (1) The review of a development plan referred to in subsection (2) of section 42 shall be commenced by the publication by the planning authority for the functional area to which the development plan relates of notice of its intention to review the existing development plan and to make a new development plan.

(2) A notice under subsection (1) shall state—

(a) that the planning authority intends to review the existing development plan and to prepare a new development plan,

(b) that the planning authority intends to review the zoning objectives referred to in subsection (6) of section 43 applicable to the functional area to which the development plan relates for the purposes of developing an integrated overall strategy for the proper planning and sustainable development of that area and the policies and objectives for the delivery of such an integrated overall strategy and that requests or proposals for a particular zoning objective to be applied to particular land shall not be considered at this stage,

(c) that the Office of the Planning Regulator has provided an Opinion on Development Plan Strategy to guide the preparation of the new development plan,

(d) that the planning authority has prepared a Strategic Issues and Options Paper to inform and guide the making of submissions from members of the public in relation to the new development plan,

(e) the time during which and the place where—

(i) any background papers or draft proposals relating to the review of the existing plan and the preparation of the new development plan,

(ii) the Opinion on Development Plan Strategy, and

(iii) the Strategic Issues and Options Paper,

may be inspected,

(f) that submissions regarding the matters specified in the Strategic Issues and Options Paper may be made in writing to the planning authority within a period (which shall not be less than 8 weeks from the date of the notice under subsection (1)) specified in the notice,

(g) that children, or groups representing the interests of children, are entitled to make submissions under paragraph (f), and

(h) that submissions from members of the public in relation to a proposed development plan must be strategic in nature and should be confined to commenting on the matters specified in the Strategic Issues and Options Paper.

(3) A planning authority shall give a copy of a notice under subsection (1) to—

(a) the Minister,

(b) the Office of the Planning Regulator,

(d) the Commission,

(e) the regional assembly for the region within which the functional area to which the development plan relates is situated,

(f) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(g) any Local Community Development Committee within the functional area of the planning authority,

(h) any adjoining planning authority,

(i) the National Transport Authority, and

(j) such other bodies (including, where appropriate, a regional assembly of an adjoining region) as may be prescribed.

(4) A notice under subsection (1) shall be published on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(5) (a) As soon as practicable after the publication of a notice under subsection (1), a planning authority shall take whatever additional measures it considers necessary to consult the general public and other interested persons.

(b) Without prejudice to the generality of paragraph (a), a planning authority—

(i) shall consult members of the public in such manner (which shall include the holding of a public meeting or an online public meeting) as it considers appropriate, and take such steps as it considers appropriate to elicit submissions in writing from members of the public, and

(ii) may invite oral submissions from members of the public on matters contained in the Strategic Issues and Options Paper.

(i) energy,

(ii) telecommunications,

(iii) water services,

(iv) transport,

(v) any other infrastructure,

(vi) education,

(vii) health,

(viii) policing, and

(ix) any other services,

in order to ascertain any long-term plans for the provision of infrastructure and services in the functional area of the planning authority.

(6) (a) Written submissions received by a planning authority pursuant to subsections (2) and (5) and a brief summary of any oral submissions received pursuant to subsection (5) shall, subject to paragraph (b), be published on a website maintained by or on behalf of the planning authority within 5 weeks from the date in each case of their receipt by that authority.

(b) Paragraph (a) does not apply—

(i) where the planning authority is of the opinion that the submission is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its publication,

(ii) where the planning authority has sought and received, either before or after the period of 5 weeks referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission concerned,

(iii) to the extent that the planning authority has sought and received, either before or after the period of 5 weeks referred to in paragraph (a), legal advice that part of the submission concerned should not be published on a website maintained by or on behalf of the planning authority or should cease to be so published, as the case may be, or

(iv) to the extent that the submission relates to such matters as may be prescribed.

(7) Where a notice under subsection (1) is received by the National Transport Authority, it shall—

(a) prepare and submit to the planning authority a report which shall set out—

(i) the matters which, in the opinion of the National Transport Authority, should be considered by the planning authority in the preparation of the new development plan,

(ii) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy,

(iii) recommendations on the matters that require to be included in the new development plan to ensure the effective integration of transport and land- use planning, and

(iv) any recommendations on the matters that are required to be included in the new development plan so as to ensure that it takes due account of a relevant transport strategy of the National Transport Authority,

and

(b) furnish a copy of the report submitted to the planning authority under paragraph (a) to the Office of the Planning Regulator and the Minister for Transport.

(8) Where a notice under subsection (1) is received by a regional assembly, it shall—

(a) prepare and submit to the planning authority a report which shall set out—

(i) the matters which, in the opinion of the regional assembly, should be considered by the planning authority in the preparation of the draft development plan, and

(ii) recommendations on the matters that are required to be included in the draft development plan to ensure that the draft development plan is materially consistent with the regional spatial and economic strategy of the region concerned,

and

(b) furnish a copy of the report submitted to the planning authority under paragraph (a) to the Office of the Planning Regulator.

(9) For the purposes of preparing a draft development plan, the planning authority shall disregard any part of a submission received by it that comprises a request or proposal that a particular zoning objective be applied to any particular land in the functional area to which the plan relates.

(10) (a) Not later than 16 weeks after the date of the notice under subsection (1), the chief executive of a planning authority shall prepare a report on any submissions received pursuant to subsection (2) or (5) and the matters arising out of any consultations held pursuant to subsection (5).

(b) A copy of the report prepared under paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable following its preparation.

(i) list the persons who made submissions and any persons consulted by the authority,

(ii) summarise the submissions (excluding any submission that is to be disregarded under subsection (9)), and, for that purpose, may group the issues raised in different submissions by reference to the matters specified in the Strategic Issues and Options Paper,

(iii) give the opinion of the chief executive of the planning authority on the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, and any relevant policies or objectives for the time being of the Government or of any Minister of the Government,

(iv) state the chief executive’s recommendations as to the policies to be included in the draft development plan,

(v) summarise the matters raised and the recommendations made by the National Transport Authority in a report submitted under subsection (7) and outline the recommendations of the chief executive in relation to the manner in which those matters and recommendations should be taken account of in the draft development plan, and

(vi) summarise the matters raised and recommendations made by the relevant regional assembly in a report submitted under subsection (8) and outline the recommendations of the chief executive in relation to the manner in which those matters and recommendations should be taken account of in the draft development plan.

(d) A report under paragraph (a) shall be submitted to the members of the planning authority, or to a committee of the planning authority, as may be decided by the members of the authority.

(e) Following consideration of a report submitted to them under paragraph (d), the members of the planning authority or of the committee, as the case may be, may, by resolution, issue a direction to the chief executive regarding the overall strategic approach to be adopted in the preparation of the integrated overall strategy and any of the strategies prepared under sections 44 to 50 , but shall not issue more than one direction in respect of any particular strategy.

(f) Subject to paragraph (g), the chief executive of a planning authority shall comply with any such direction in the preparation of a draft development plan.

(g) The chief executive of the planning authority shall not be obliged to comply with any part of a direction made under paragraph (e) which relates to the zoning objective to be applied to any particular land in the functional area to which the plan relates.

(h) A direction under paragraph (e) shall be issued not later than 10 weeks after the date of the submission of a report under paragraph (d).

(11) (a) The chief executive of a planning authority shall, not later than 18 weeks after the date of issuing of any direction under paragraph (e) of subsection (10) or, where no direction is issued, not later than 18 weeks after the expiry of the period of 10 weeks referred to in paragraph (h) of subsection (10), prepare a draft development plan and submit it to the members of the planning authority.

(b) The members of a planning authority shall, as soon as may be, consider the draft development plan submitted by the chief executive in accordance with paragraph (a).

(c) Where a draft development plan has been considered in accordance with paragraph (b), it shall be deemed to be the draft development plan of the planning authority unless, within 8 weeks from the date of the submission of the draft development plan under paragraph (a), the planning authority, by resolution, amends that draft development plan.

(d) Where a draft development plan is amended as mentioned in paragraph (c), the draft development plan as submitted by the chief executive and as amended by resolution shall be the draft development plan of the planning authority.

(12) The preparation and making of a development plan shall be subject to the carrying out of a strategic environmental assessment in accordance with the Strategic Environmental Assessment Regulations.

(13) The preparation and making of a development plan shall be subject to Part 6 in relation to the carrying out of a screening for appropriate assessment and, if required, an appropriate assessment.

Making development plan

55. (1) Where a draft development plan has been prepared in accordance with section 54 , the planning authority shall within 4 weeks of the period referred to in paragraph (c) of subsection (11) of section 54 or the adoption of a resolution in accordance with that last-mentioned section, as the case may be—

(a) send notice and a copy of the draft development plan to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Maritime Area Regulatory Authority,

(iv) the Commission,

(v) the regional assembly for the region within which the functional area to which the development plan relates is situated,

(vi) where the functional area of the planning authority includes a Gaeltacht, Údaras na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) any Local Community Development Committee within the functional area of the planning authority,

(viii) any adjoining planning authority,

(ix) the National Transport Authority,

(x) Uisce Éireann, and

(xi) such other bodies (including, where appropriate, a regional assembly of an adjoining region) as may be prescribed,

and

(b) publish notice of the preparation of the draft development plan on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(2) A notice under subsection (1) shall state that—

(a) a copy of—

(i) the draft development plan,

(ii) any screening determination made under Part 6 ,

(iii) the environmental report prepared in accordance with the Strategic Environmental Assessment Regulations,

(iv) any Natura impact report prepared in accordance with Part 6 , and

(v) any other accompanying documentation that the planning authority considers appropriate,

may be inspected on a website maintained by or on behalf of the planning authority and at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 8 weeks from the date of the notice) as may be so specified, and

(b) written submissions with respect to the draft plan, the environmental report and any Natura impact report, made to the planning authority within the period specified under paragraph (a) will be taken into consideration before the making of the development plan.

(3) (a) The Minister and the Office of the Planning Regulator may, in relation to a draft development plan, make such recommendations as they consider appropriate.

(b) Without prejudice to the time period specified in paragraph (a) of subsection (6), the Office of the Planning Regulator may make written submissions under paragraph (b) of subsection (2), within a further period of 2 weeks following the period specified for the making of such submissions.

(4) (a) Where a draft development plan includes any provision relating to any addition to or deletion from the record of protected structures under subsection (1) of section 307 of—

(i) particular structures,

(ii) specific parts of particular structures, or

(iii) specific features within the attendant grounds of particular structures,

the planning authority shall—

(I) serve a notice on each person who is the owner or occupier of, and any person appearing to the authority to have an interest in, the proposed protected structure or the protected structure, as the case may be, of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment,

(II) send particulars of the proposed addition, deletion or amendment to the Minister and to any prescribed body, and

(III) cause notice of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment, to be published in at least one newspaper circulating in its functional area.

(b) A notice under subparagraphs (I) and (III) under paragraph (a) shall state—

(i) that a copy of the proposed addition or deletion may be inspected at a specified place or places and at specified times during a specified period of not less than 8 weeks from the date of the notice,

(ii) that written submissions with respect to the proposed addition or deletion made to the planning authority within the period specified in subparagraph (i) will be taken into consideration before the making of the addition or deletion,

(iii) that, during the period specified in subparagraph (i), each owner or occupier of the proposed protected structure may request the planning authority, in the manner provided for in the notice, to define the curtilage of the proposed protected structure and features within the attendant grounds that are to be protected, if not already specified, and that such detail shall be included in the record of protected structures where such proposal is approved by the members of the planning authority,

(iv) whether or not the proposed addition or deletion was recommended by the Minister, and

(v) that, if the proposed addition or deletion was recommended by the Minister, the planning authority shall forward to the Minister for his or her observations a copy of any submission made under subparagraph (ii) (and any such observations of the Minister shall be taken into consideration accordingly).

(5) Written submissions received by a planning authority under subsection (2) or (4) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt.

(6) (a) Not later than 22 weeks after giving notice under subsection (1) and, if appropriate, subsection (4), the chief executive of a planning authority shall prepare a report on—

(i) any submissions received under subsection (2) or (4),

(ii) any recommendations received from the Minister or the Office of the Planning Regulator under paragraph (a) of subsection (3), and

(iii) any observations received from the Minister under subparagraph (v) of paragraph (b) of subsection (4),

and submit the report to the members of the authority for their consideration.

(b) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable following submission to the members of the authority under that paragraph.

(i) list the persons who made submissions,

(ii) provide a summary of—

(I) any recommendations, submissions or observations made by the Minister,

(II) any recommendations and submissions made by the Office of the Planning Regulator, and

(III) any submissions made by any other persons in relation to the draft development plan in accordance with this section (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(iii) give the response of the chief executive to the issues raised, taking account of—

(I) any direction of the members of the authority or the committee under paragraph (e) of subsection (10) of section 54 ,

(II) the proper planning and sustainable development of the area,

(III) the statutory obligations of any local authority in the area,

(IV) any relevant policies or objectives of the Government or of any Minister of the Government, and

(V) if appropriate, any observations made by the Minister under subparagraph (v) of paragraph (b) of subsection (4),

(iv) set out the recommendations of the chief executive as to how any recommendations made by the Minister and the Office of the Planning Regulator should be taken account of in the development plan,

(v) summarise the matters raised in any submissions made by the National Transport Authority and outline the recommendations of the chief executive in relation to the manner in which those matters should be taken account of in the development plan,

(vi) summarise the matters raised in any submissions made by the regional assembly for the region within which the functional area to which the development plan relates is situated and outline the recommendations of the chief executive in relation to the manner in which those matters should be taken account of in the development plan, and

(vii) include the assessment of the chief executive of the draft development plan for the purposes of strategic environmental assessment and appropriate assessment, if required, taking into account the submissions received under this section.

(7) (a) The members of a planning authority shall consider the draft development plan and the report of the chief executive under subsection (6).

(b) The consideration of a draft development plan and the chief executive’s report under paragraph (a) shall be completed within 12 weeks of the submission of the chief executive’s report to the members of the planning authority.

(c) Where, following the consideration of the draft development plan and the chief executive’s report, it appears to the members of the planning authority that the draft should be accepted or amended, they may, subject to subsection (8), by resolution, accept or amend the draft and make the development plan accordingly.

(d) Where, in making the development plan under paragraph (c), the members of the authority do not comply with any recommendation made by the Minister or the Office of the Planning Regulator under this section, they shall so inform the Minister or the Office of the Planning Regulator, as the case may be, as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation or recommendations concerned.

(8) (a) Subject to paragraphs (b), (c), (d) and (e), in a case where the members of the planning authority amend the draft plan under paragraph (c) of subsection (7) and the amendment made constitutes a material alteration of the draft concerned, the development plan shall not be considered to have been made and the planning authority shall, not later than 3 weeks after the passing of a resolution under subsection (7), publish notice of the material alteration on a website maintained by or on behalf of the planning authority and in one or more newspaper circulating in the functional area of the planning authority and send notice and a copy of the material alteration to the persons specified in paragraph (a) of subsection (1).

(b) The planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is or is not required to be carried out in respect of the material alteration of the draft development plan.

(c) The planning authority shall determine, in accordance with Part 6 , if an appropriate assessment is or is not required to be carried out in respect of the material alteration of the draft development plan.

(d) Where the planning authority determines under paragraph (b) or (c) that a strategic environmental assessment or an appropriate assessment, as the case may be, is required to be carried out in relation to the material alteration, it shall prepare an environmental report or Natura impact report, as the case may be, in relation to the material alteration and the period of 3 weeks referred to in paragraph (a) may be extended by such period as the chief executive specifies as being necessary for this purpose.

(e) Where applicable, a notice given under paragraph (a) shall include notice of the making of a determination that an assessment referred to in paragraph (b) or (c) is or is not required.

(f) The notice referred to in paragraph (a) shall—

(i) state that a copy of—

(I) the material alteration,

(II) the determinations made by the authority under paragraphs (b) and (c),

(III) any environmental report prepared in accordance with the Strategic Environmental Assessment Regulations, and

(IV) any Natura impact report prepared in accordance with Part 6 ,

may be inspected on a website maintained by or on behalf of the planning authority and at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 4 weeks from the date of the notice) as may be so specified,

(ii) state that written submissions with respect to the material alteration, environmental report or Natura impact report made to the planning authority within the period specified in subparagraph (i) shall be taken into account by the authority before the development plan is made, and

(iii) be published on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(9) (a) The Minister and the Office of the Planning Regulator may, in relation to a material alteration, make such recommendations as they consider appropriate.

(b) Without prejudice to the time period specified in paragraph (a) of subsection (12), the Office of the Planning Regulator may make written submissions under subparagraph (ii) of paragraph (f) of subsection (8), within a further period of 1 week following the period specified for the making of such submissions.

(10) Written submissions received by a planning authority under subsection (8) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt by the authority.

(11) Where it has been determined under paragraph (b) or (c) of subsection (8) that a strategic environmental assessment or an appropriate assessment is required, the chief executive of the planning authority shall—

(a) before preparing a report in accordance with subsection (12) and taking account of the submissions received, carry out the assessment concerned of the material alteration of the draft development plan, and

(b) include that assessment in the report.

(12) (a) Not later than 8 weeks after giving notice under subsection (8), the chief executive of a planning authority shall prepare a report on any submissions received on foot of the publication of the notice and submit the report to the members of the authority for their consideration.

(b) A report prepared under paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable following its submission to the members of the authority under that paragraph.

(i) list the persons who made submissions in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration,

(ii) provide a summary of—

(I) the recommendations and submissions made by the Minister in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration,

(II) the recommendations and submissions made by the Office of the Planning Regulator in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration, and

(III) the submissions made by any other persons in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(iii) set out the recommendations of the chief executive as to how any recommendations made by the Minister and the Office of the Planning Regulator should be taken account of in relation to the material alteration,

(iv) give the response of the chief executive to the matters raised in the submissions and the recommendations of the chief executive in relation to the material alteration, and

(v) include any assessment carried out by the chief executive in accordance with subsection (11).

(13) (a) The members of a planning authority shall consider the material alteration and the report of the chief executive under subsection (12).

(b) The consideration of the material alteration and the chief executive’s report under paragraph (a) shall be completed not later than 6 weeks after the submission of the chief executive’s report to the members of the authority.

(14) (a) Subject to paragraphs (b) and (c), the members of the planning authority shall, by resolution, having considered the chief executive’s report, make the plan with or without the material alteration.

(b) Where the members of the planning authority decide to make the plan with the material alteration, they may do so subject to any minor modifications to the material alteration that they consider necessary.

(i) does not substantially or materially alter the material alteration,

(ii) is not likely to have significant effects on the environment or on any European site, and

(iii) does not relate to—

(I) an increase in the area of land zoned for any purpose, or

(II) an addition to or deletion from the record of protected structures.

(d) Where, in making the development plan under this subsection, the members of the authority do not comply with any recommendation made by the Minister or the Office of the Planning Regulator under this section, they shall so inform the Minister or the Office of the Planning Regulator, as the case may be, as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation concerned.

(15) (a) Where a planning authority makes a development plan, it shall publish, in at least one newspaper circulating in the functional area of the planning authority and on a website maintained by or on behalf of the planning authority, a notice of the making of the development plan within 2 weeks of the date of the making of the plan by the members of the authority under paragraph (c) of subsection (7) or subsection (14).

(b) A notice under this subsection shall state that a copy of the development plan will be available for inspection on a website maintained by or on behalf of the planning authority and at a place specified in the notice on and from a date as may be so specified (being not more than 5 weeks after the date of the making of the development plan).

(c) The planning authority shall, within 5 weeks of the making of the development plan, send a copy of the development plan to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Maritime Area Regulatory Authority,

(iv) the Commission,

(v) the regional assembly for the region within which the functional area to which the development plan relates is situated,

(vi) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) any Local Community Development Committee within the functional area of the planning authority,

(viii) any adjoining planning authority,

(ix) the National Transport Authority, and

(x) such other bodies, including, where appropriate, a regional assembly of an adjoining region, as may be prescribed.

(d) Where a planning authority sends a copy of any development plan to the Office of the Planning Regulator under paragraph (c), the planning authority shall also send to the Office of the Planning Regulator any submissions received by the planning authority from the Minister, any regional assembly and the National Transport Authority in accordance with this section.

(e) A planning authority shall make a copy of the development plan available for purchase by any member of the public on payment of a specified fee not exceeding the reasonable cost of making a copy.

(16) As soon as may be after making a development plan which contains an addition to or a deletion from the record of protected structures under subsection (1) of section 307 of—

(a) particular structures,

(b) specific parts of particular structures, or

the planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.

(17) A development plan made under this section shall take effect 8 weeks from the date of the making of the plan under paragraph (c) of subsection (7) or subsection (14).

(18) Notwithstanding this Part, where a planning authority fails to make a development plan—

(a) within a period of 2 years and 12 weeks from the date of the notice of intention to make a new development plan under section 54 , where that notice was published at least 12 weeks prior to the period of 8 years referred to in subsection (2) of section 42 , and

(b) within a period of 2 years from the date of the notice of intention to make a new development plan under section 54 , where that notice was published otherwise in accordance with subsection (2) of section 42 ,

the chief executive shall make a development plan provided that so much of a draft plan as had been agreed by the members of the planning authority shall be included as part of the plan as made by the chief executive.

(19) Where, under paragraph (b) of subsection (5) of section 42 , the Minister has extended the period during which a development plan has effect—

(a) the planning authority may make a new development plan in accordance with this section during the period of the extension, and

(b) the chief executive of a planning authority shall not make a new development plan under subsection (18) during the period of the extension.

(20) A failure to comply with subsections (6), (10) and (11) of section 54 and subsections (1), (5), (6), (7), (8), (10), (12), (13) and (15) within the time period specified therein shall not of itself invalidate a development plan.

Interim report on implementation of development plan

56. (1) A planning authority shall take such steps as may be necessary for securing the objectives of the development plan and to monitor the implementation of those objectives.

(2) The chief executive of a planning authority shall, not earlier than 4 years and not later than 4 years and 9 months after the making of a development plan, give a report on the progress achieved towards securing the implementation of the development plan to the members of the authority (in this section referred to as an “interim implementation report”).

(3) The interim implementation report shall include—

(a) details of any relevant changes, since the making of the development plan, to—

(i) the National Planning Framework,

(ii) where relevant, the National Marine Planning Framework,

(iii) the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated,

(iv) National Planning Statements (including details of any new National Planning Statements issued since the making of the development plan),

(v) any relevant transport strategy of the National Transport Authority, and

(vi) in the case of a coastal planning authority, the marine planning policy statement prepared and published under section 6 of the Act of 2021,

(b) a statement of the progress made in implementing the integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates,

(c) a statement of the progress made in implementing each of the strategies and statements prepared under sections 44 to 51 (which, in the case of a housing development strategy, shall measure progress made by reference to the housing strategy, the monitoring objectives included in the housing development strategy and having regard to any regulations made under paragraph (k) of subsection (3) of section 46 or paragraph (k) of subsection (3) of section 47 for the purposes of this paragraph),

(d) an outline of progress made towards the designation as an urban development zone of any area identified in the development plan as a candidate UDZ (within the meaning of Part 22 ) and the preparation and making of any development scheme for any site identified in the development plan, and the implications of such progress or the lack thereof for the implementation of the housing development strategy, and

(e) recommendations for consideration by the members as to proposed variations to the development plan for the purposes of—

(i) making it materially consistent with—

(I) the National Planning Framework,

(II) the National Marine Planning Framework,

(III) the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and

(IV) any relevant National Planning Policies and Measures,

(ii) progressing the implementation of the integrated overall strategy for the proper planning and sustainable development of the area and the housing development strategy,

(iii) zoning for development, in the light of the contents of the outline of progress referred to in paragraph (d), of all or part of the area of a candidate UDZ (within the meaning of Part 22 ) which has not been designated as an urban development zone where the planning authority considers that the area concerned is required to be made available to accommodate growth, and to remove the area concerned from the area of the candidate UDZ, or remove the designation of the entire candidate UDZ, as appropriate,

(iv) adjusting the housing development strategy or housing strategy, or both, where new or revised housing needs have been identified by the chief executive of the planning authority in accordance with section 57 , and

(v) taking account of such other matters arising from the monitoring of the implementation of the development plan and preparation of the interim implementation report as the chief executive considers appropriate.

(4) Not later than 5 years after the making of the development plan, the members of a planning authority shall consider the interim implementation report from the chief executive and, by resolution, propose to make or not to make any such variation as recommended by the chief executive.

(5) Where, by resolution adopted under subsection (4), the members of a planning authority propose not to make a variation recommended by the chief executive for the purposes set out in subparagraph (i) of paragraph (e) of subsection (3), they shall so inform the Minister and the Office of the Planning Regulator as soon as practicable by notice in writing which notice shall contain a statement of the reasons for the decision not to make the recommended variation concerned.

(6) Where the members of a planning authority adopt a resolution under subsection (4) proposing to make a variation, that resolution shall be deemed to be a resolution adopted under paragraph (c) of subsection (3) of section 58 .

Chief executive report on adjustment of housing development strategy and housing strategy

57. The chief executive of a planning authority shall, where he or she considers that there has been a change in the housing market or housing need, or both, as the case may be, that significantly affects the housing development strategy or housing strategy, or both, as the case may be, give a report on the matter to the members of the planning authority and, where he or she considers it necessary, the chief executive may recommend that the housing development strategy or housing strategy, or both, as the case may be, be adjusted, and that the development plan be varied accordingly.

Variation of development plan

58. (1) Subject to subsection (2), subsection (8) of section 42 and section 59 , a planning authority may at any time, for stated reasons, decide to make a variation of a development plan for its functional area for the time being in force.

(2) A planning authority may not make a variation of a development plan which would have the effect of amending the settlement-specific objectives of a settlement or part of a settlement—

(a) in respect of which a coordinated area plan is in force under Chapter 6, or

(b) which is designated in a regional spatial and economic strategy for the time being in force as an area in respect of which a coordinated area plan is to be prepared,

unless the other planning authority or authorities which made the coordinated area plan concerned and the director of the regional assembly consent to the making of the variation.

(3) (a) The members of a planning authority may at any time, by resolution request the chief executive of the planning authority to prepare a report on a proposal by them to initiate a process to consider the variation of the development plan for the time being in force.

(b) The chief executive of a planning authority shall submit a report to the members further to a request under paragraph (a) within 4 weeks of the adoption of the resolution.

(c) The members of a planning authority shall, within 4 weeks of receipt of a report provided under paragraph (b), consider the report and shall, by resolution, decide to propose or not to propose to make the variation concerned.

(4) The chief executive of the planning authority may at any time, for stated reasons, propose to make a variation of the development plan.

(5) A screening for strategic environmental assessment and, where required, a strategic environmental assessment of a variation proposed under subsection (3) or (4) shall be carried out in accordance with the Strategic Environmental Assessment Regulations.

(6) A screening for appropriate assessment and, where required, an appropriate assessment of a variation proposed under subsection (3) or (4) shall be carried out in accordance with Part 6 .

(7) Where the members of a planning authority decide to propose to make a variation of a development plan under subsection (3) or the chief executive proposes to make a variation under subsection (4), the planning authority shall, as soon as practicable after making the decision—

(a) send notice and a copy of the proposed variation of the development plan to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Maritime Area Regulatory Authority,

(iv) the Commission,

(v) the relevant regional assembly,

(vi) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) any adjoining planning authority,

(viii) the National Transport Authority,

(ix) any Local Community Development Committee within the area of the development plan,

(x) such other persons as may be prescribed, and

(xi) where the variation is of a type that would have the effect referred to in subsection (2), the chief executive of any other planning authority whose functional area includes part of the area to which the coordinated area plan relates,

and

(b) publish notice of the proposed variation of the development plan on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(8) A notice under subsection (7) shall state—

(a) the reason for the proposed variation,

(b) that a copy of—

(i) the proposed variation,

(ii) any screening determination made in accordance with subsection (5) or (6),

(iii) any environmental report prepared in accordance with the Strategic Environmental Assessment Regulations, and

(iv) any Natura impact report prepared in accordance with Part 6 ,

may be inspected on a website maintained by or on behalf of the planning authority and at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 4 weeks from the date of the notice) as may be so specified, and

(c) that written submissions with respect to the proposed variation and any strategic environmental assessment or appropriate assessment of the proposed variation made to the planning authority within the period referred to in paragraph (b) will be taken into consideration before the making of the variation.

(9) The Minister and the Office of the Planning Regulator may, as part of any submission in relation to a proposed variation of a development plan, or a proposed material alteration to a proposed variation, make such recommendations as they consider appropriate.

(10) Written submissions received by a planning authority under this section shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt.

(11) (a) Not later than 8 weeks from the date of the notice under subsection (7), the chief executive of a planning authority shall—

(i) prepare a report on any submissions received on foot of the publication of the notice, and

(ii) submit the report to the members of the planning authority for their consideration.

(b) A report prepared under subparagraph (i) of paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable after its submission under subparagraph (ii) of paragraph (a).

(i) list the persons who made submissions,

(ii) provide a summary of any—

(I) recommendations and submissions made by the Minister,

(II) recommendations and submissions made by the Office of the Planning Regulator,

(III) submissions made by the regional assembly and the National Transport Authority, and

(IV) submissions made by any other persons in relation to the proposed variation (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(iii) give the response of the chief executive to the issues raised in the submissions, taking account of the proper planning and sustainable development of the area, the statutory obligations of the planning authority and any relevant policies or objectives for the time being of the Government or of any Minister of the Government,

(iv) set out the recommendations of the chief executive as to how any recommendations made by the Minister and the Office of the Planning Regulator in any submissions made by them should be dealt with, and

(v) where required, include the assessment of the chief executive of the proposed variation for the purposes of strategic environmental assessment or appropriate assessment, taking into account the submissions received under this section.

(12) (a) The members of a planning authority shall consider the proposed variation and the report of the chief executive under subsection (11).

(b) The consideration of the proposed variation and the chief executive’s report under paragraph (a) shall be completed within 6 weeks from the date of the submission of the chief executive’s report to the members of the planning authority.

(c) Where, following the consideration of the proposed variation and the chief executive’s report, it appears to the members of the planning authority that the proposed variation should be made, they may, subject to paragraph (d), by resolution make the proposed variation.

(d) Where, following the consideration of the proposed variation and the chief executive’s report, it appears to the members of the authority that a modified version of the proposed variation should be made, they may, subject to subsection (13), by resolution make a modified version of the proposed variation.

(e) Where, in making the proposed variation under paragraph (c) or a modified version of the proposed variation under paragraph (d), the members of the authority do not comply with any recommendation made by the Minister or Office of the Planning Regulator under this section, they shall, as soon as practicable following the making of the variation, so inform the Minister, or the Office of the Planning Regulator, as the case may be, by notice in writing which notice shall contain a statement of the reasons for the decision not to comply with the recommendation concerned.

(13) (a) Subject to paragraphs (b), (c), (d) and (g), where the members of a planning authority make a modified version of the proposed variation under paragraph (d) of subsection (12) and the modification to the proposed variation constitutes a material alteration of the proposed variation—

(i) the variation shall be deemed not to have been made, and

(ii) the planning authority shall, not later than 2 weeks after the passing of a resolution under paragraph (d) of subsection (12), publish notice of the modification that constitutes a material alteration of the proposed variation on a website maintained by or on behalf of the planning authority and in one or more newspaper circulating in the functional area of the planning authority and send notice and a copy of the modification to the persons set out at subparagraphs (i) to (ix) of paragraph (a) of subsection (7).

(c) The planning authority shall determine, in accordance with Part 6 , if an appropriate assessment is or is not required to be carried out in respect of the modification that constitutes a material alteration of the proposed variation.

(d) Where the planning authority determines in accordance with paragraph (b) or (c) that a strategic environmental assessment or an appropriate assessment is required, it shall prepare an environmental report or Natura impact report in relation to the modification that constitutes a material alteration of the proposed variation and the 2 week period referred to in subparagraph (ii) of paragraph (a) may be extended by such period as the chief executive specifies as being necessary for this purpose.

(e) Where applicable, a notice under paragraph (a) shall include notice of the making of any determination that an assessment referred to in paragraph (b) or (c) is required.

(f) A notice under paragraph (a) shall state—

(i) that a copy of—

(I) the modification that constitutes a material alteration of the proposed variation,

(II) any determination by the authority that an assessment referred to in paragraph (b) or (c) is or is not required,

(III) any environmental report prepared in accordance with the Strategic Environmental Assessment Regulations, and

(IV) any Natura impact report prepared in accordance with Part 6 ,

may be inspected on a website maintained by or on behalf of the planning authority and at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 4 weeks from the date of the notice) as may be so specified, and

(ii) that written submissions with respect to the modification that constitutes a material alteration of the proposed variation or an assessment referred to in paragraph (b) or (c) and made to the planning authority within the period specified in the notice shall be taken into account by the authority before the variation of the development plan is made.

(g) Where a strategic environmental assessment is required in accordance with paragraph (b) or an appropriate assessment is required in accordance with paragraph (c), the chief executive of the planning authority shall, subsequent to receipt of the written submissions under this section and before finalisation of the report required under subsection (15)—

(i) carry out such assessment of the modification to the proposed variation of the draft development plan as is required, and

(ii) include that assessment in that report.

(14) Written submissions received by a planning authority on foot of publication of a notice under subsection (13) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the planning authority within 10 working days of their receipt by the authority.

(15) (a) Not later than 12 weeks from the date of the notice under subsection (13) the chief executive shall—

(i) prepare a report on any submissions received on foot of the publication of the notice, and

(ii) submit the report to the members of the planning authority for their consideration.

(i) list the persons who made submissions in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification,

(ii) provide a summary of any—

(I) recommendations and submissions made by the Minister in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification,

(II+) recommendations and submissions made by the Office of the Planning Regulator in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification,

(III) submissions made by the regional assembly and the National Transport Authority, and

(IV) submissions made by any other person in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(iv) give the response of the chief executive to the matters raised in the submissions and the recommendations of the chief executive in relation to the modification to the proposed variation, and

(v) include the assessment of the chief executive under paragraph (g) of subsection (13).

(16) (a) The members of a planning authority shall consider the modification and the report of the chief executive under subsection (15).

(b) The consideration of the modification and the chief executive’s report under paragraph (a) shall be completed not later than 4 weeks from the date of the submission of the chief executive’s report to the members of the planning authority.

(17) (a) Subject to paragraph (b), the members of a planning authority shall, by resolution, having complied with subsection (16)—

(i) make the variation as originally proposed by the planning authority,

(ii) make the variation with the material alteration that was the subject of the notice under subsection (13), or

(iii) refuse to make the variation.

(b) Where the members of a planning authority decide to make the variation with the material alteration that was the subject of the notice under subsection (13), they may do so subject to any further minor modifications to the alteration that they consider appropriate.

(i) does not substantially or materially alter the material alteration,

(ii) is not likely to have significant effects on the environment or on any European site, and

(iii) does not relate to—

(I) an increase in the area of land zoned for any purpose, or

(II) an addition to or deletion from the record of protected structures.

(d) Where, in making a variation of the development plan under paragraph (a), the members of a planning authority do not comply with any recommendation made by the Minister or Office of the Planning Regulator under this section, they shall, as soon as practicable following the making of the variation, so inform the Minister or the Office of the Planning Regulator, as the case may be, by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation concerned.

(18) (a) Where a planning authority makes a variation of a development plan, it shall publish, within 1 week of the making of the variation, in at least one newspaper circulating in the functional area of the planning authority and on a website maintained by or on behalf of the planning authority, notice of the making of the variation.

(b) A notice under this subsection shall state that a copy of the development plan as varied will be available for inspection on a website maintained by or on behalf of the planning authority and at a place specified in the notice on and from a date as may be so specified (being not more than 5 weeks after the date of the making of the variation of the development plan).

(c) A planning authority shall, within 1 week of the making of a variation of a development plan, send a copy of the variation to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Maritime Area Regulatory Authority,

(iv) the Commission,

(v) the relevant regional assembly,

(vi) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) the National Transport Authority,

(viii) any adjoining planning authority,

(ix) any Local Community Development Committee within the area of the development plan, and

(x) such other persons as may be prescribed.

(d) Where a planning authority sends a copy of any variation to the Office of the Planning Regulator under paragraph (c), the planning authority shall also send to the Office of the Planning Regulator any submissions received by the planning authority from the Minister, any regional assembly and the National Transport Authority in accordance with this section.

(e) A planning authority shall make a copy of the variation available for purchase by any member of the public on payment of a specified fee not exceeding the reasonable cost of making a copy.

(19) A failure to comply with subsection (3), (10), (11), (12), (13), (14), (15), (16) or (18) within the time period specified therein shall not of itself invalidate a variation of a development plan.

(20) A variation made to a development plan shall take effect from the day that the variation is made.

Variation affecting settlement-specific objectives in urban area plan or priority area plan

59. (1) This section applies where a planning authority is considering, in accordance with section 58 —

(a) a proposed variation of a development plan, or

(b) a material alteration to a proposed variation of a development plan,

that would have the effect of amending the settlement-specific objectives set out in the development plan for a specific settlement.

(2) The planning authority shall consider whether the making of the variation or material alteration to the variation concerned would necessitate amendment of any relevant area plan for the time being in force for such settlement, or part of such settlement, as the case may be, for the purposes of ensuring consistency of the relevant area plan with the settlement-specific objectives concerned.

(3) Where, having considered the matter in accordance with subsection (2), the planning authority considers that a proposed variation to a development plan or a material alteration to a proposed variation would necessitate amendment of a relevant area plan for the time being in force, it shall include in any notice under subsection (7) of section 58 —

(a) a statement that the proposed variation or material alteration to the proposed variation, as the case may be, necessitates amendment of a specified relevant area plan, and

(b) state that a draft of the necessary amendments to the relevant area plan will be included with the documents available for inspection and on which submissions may be made within the period specified in the notice.

(4) In preparing any report under section 58 , the chief executive of the planning authority shall take account of any submissions received by virtue of paragraph (b) of subsection (3).

(5) In making any decision for the purposes of section 58 , the members of the planning authority shall take account of any submissions received by virtue of paragraph (b) of subsection (3).

(6) Where the planning authority under section 58 makes a variation of the development plan which necessitates amendment of any relevant area plan for the time being in force, the decision to make the variation shall be deemed also to be a decision to make the necessary consequential amendment of the relevant area plan concerned.

(7) Where subsection (6) applies, the notice required to be published in accordance with subsection (18) of section 58 shall also refer to the amendment of the relevant area plan concerned and to the availability for inspection of a copy of the relevant area plan as amended and a copy of the amendment shall be included with the copy of the variation sent to the persons specified in paragraph (c) of subsection (18) of section 58 .

(8) In this section, “relevant area plan” means—

(a) an urban area plan, or

(b) a priority area plan.

Public rights of way

60. (1) Where a planning authority proposes to include a provision in a development plan relating to the preservation of a specific public right of way, it shall, prior to the publication of notice of the preparation of the draft development plan under section 55 or notice of the proposed variation of the development plan under section 58 , serve notice (which shall include particulars of the provision and a map indicating the right of way) of its intention to do so on any owner and occupier of the land over which the right of way exists.

(2) A notice served under subsection (1) shall state—

(a) that a copy of the proposal may be inspected at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 8 weeks from the date of the notice) as may be so specified,

(b) that written submissions with respect to the proposal made to the planning authority within the period specified under paragraph (a) will be taken into consideration by the planning authority, and

(c) that where, following consideration of any submissions received under this section, the planning authority considers that the provision should be included in the development plan, or included subject to modifications, a right of appeal to the Circuit Court exists in relation to such provision.

(3) The members of a planning authority, having considered the proposal and any submissions made in respect of it, may by resolution recommend—

(a) the inclusion of the proposed provision in the development plan, with or without modifications, or

(b) against such inclusion.

(4) Any person on whom notice has been served under subsection (1) shall be served with a copy of the recommendation made under subsection (3) accordingly and a copy of such notice shall be published on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(5) Any person who has been served with a copy of the recommendation of the planning authority under subsection (4) may, before the expiry of the period of 21 days beginning on the date of service, appeal to the Circuit Court, on notice to the planning authority, against the inclusion in the development plan of the proposed provision, and the Court, if satisfied that no public right of way exists, shall so declare and the provision shall, subject to subsection (7), accordingly not be included in the development plan.

(6) Where no appeal is brought within the period of 21 days referred to in subsection (5), the planning authority may include the proposed provision in the development plan.

(7) Where an appeal is brought within the period of 21 days referred to in subsection (5), the planning authority may, notwithstanding the appeal, include the proposed provision in the development plan or variation made under this Chapter subject to the following:

(a) the provision shall not come into effect until the appeal has been finally determined and paragraph (a) of subsection (8) applies;

(b) the provision shall be accompanied by a statement in the development plan to the effect that the provision is the subject of a pending appeal under subsection (5) and shall not come into effect until the appeal has been finally determined and paragraph (a) of subsection (8) applies.

(8) Where, upon the final determination of an appeal brought under subsection (5), the Circuit Court declares that the public right of way exists, the proposed provision—

(a) if included in a development plan under subsection (7), shall come into effect immediately, and

(b) if not included in a development plan, may in the future be included in a development plan without the necessity to comply with this section.

(9) Where, upon the final determination of an appeal brought under subsection (5), the Circuit Court declares that the public right of way does not exist and the proposed provision has been included in a development plan under subsection (7)—

(a) the provision shall immediately be deemed not to be included in the development plan, and

(b) the planning authority shall, as soon as practicable thereafter, remove the provision from the published development plan.

(10) Any provision relating to the preservation of a public right of way contained in a development plan continued in force under section 68 may be included in a subsequent development plan made under this Act without the necessity to comply with this section.

(11) Nothing in this section shall affect the existence or validity of any public right of way which is not included in a development plan.

(12) The inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown.

Consequences of new or amended National Planning Statement for development plans

61. (1) Where the Minister issues or amends a National Planning Statement, each planning authority shall, within 2 months of the publication of National Planning Statement, submit a report to the Office of the Planning Regulator setting out its view as to whether the development plan in force for its functional area is materially consistent with the National Planning Policies and Measures.

(2) Where a planning authority is of the view that there is a material inconsistency for the purposes of subsection (1), the report referred to in that subsection shall set out what steps the planning authority proposes to take so as to remove the material inconsistency concerned.

(a) is satisfied that the steps proposed by the planning authority shall be sufficient to remove the material inconsistency concerned—

(i) the Office of the Planning Regulator shall so inform the planning authority, and

(ii) the chief executive of the planning authority shall invoke the expedited variation procedure set out in section 62 ,

(b) is not satisfied that the steps proposed by the planning authority shall be sufficient to remove the material inconsistency concerned, the Office of the Planning Regulator shall, as soon as practicable thereafter, make a recommendation to the Minister that a draft direction under section 64 should be issued, which recommendation shall be accompanied by—

(ii) a statement of reasons for the recommendation.

(4) Where a planning authority fails to submit a report in accordance with subsection (1) and the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of that subsection, the Office of the Planning Regulator shall, as soon as practicable thereafter, make a recommendation to the Minister that a draft direction under section 64 should be issued, which recommendation shall be accompanied by—

(b) a statement of reasons for the recommendation.

(5) If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is of the opinion that there is no material inconsistency for the purposes of that subsection, it shall so inform the planning authority.

(6) The Office of the Planning Regulator shall notify the planning authority concerned of a recommendation under paragraph (b) of subsection (3) or subsection (4) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections.

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 64 , whether with or without modifications.

(8) Where the Minister decides under subsection (7) that a draft direction should be issued under section 64 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (7) the material inconsistency for the purposes of subsection (1), and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 64 in accordance with the proposed terms for the draft direction under paragraph (b) of subsection (3) or subsection (4), with or without such modifications as may be specified by the Minister in the direction.

(9) Where the Minister decides under subsection (7) that a draft direction should not be issued under section 64 , he or she shall—

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(11) A direction issued under paragraph (b) of subsection (9) shall be laid before each House of the Oireachtas by the Minister.

Expedited variation of development plan

62. (1) This section applies where variations to a development plan for the time being in force—

(a) are necessitated by the issuance of a new or amended National Planning Statement,

(b) are being made for the purposes of ensuring that the development plan concerned is materially consistent with National Planning Policies and Measures contained in such statement, and

(c) the Office of the Planning Regulator has informed the planning authority under subparagraph (i) of paragraph (a) of subsection (3) of section 61 that it is satisfied with the steps proposed by the planning authority.

(2) Within 6 weeks of being informed by the Office of the Planning Regulator in accordance with subparagraph (i) of paragraph (a) of subsection (3) of section 61 that the Office of the Planning Regulator is satisfied with the steps proposed by a planning authority under subsection (2) of that section, the chief executive of the planning authority shall prepare a draft variation to the development plan concerned and shall conduct a screening for strategic environmental assessment in respect of the draft variation in accordance with the Strategic Environmental Assessment Regulations and a screening for appropriate assessment in respect of the draft variation in accordance with Part 6 .

(3) In carrying out any screening assessment under subsection (2), the chief executive shall, with a view to avoiding duplication of assessments, take account of the fact and content of any assessment that the Minister has conducted in respect of the relevant National Planning Statement.

(4) Where the chief executive determines that a strategic environmental assessment or an appropriate assessment, or both, as the case may be, is or are required in respect of a draft variation, the draft variation may only be made by way of a variation to the development plan concerned under section 58 and may not be made under this section.

(5) Where the chief executive determines that neither a strategic environmental assessment nor an appropriate assessment is required in respect of a draft variation, the chief executive shall propose the draft variation to the members of the planning authority for adoption by resolution.

(6) Where the chief executive proposes a draft variation to the planning authority under subsection (5), the proposed variation shall be deemed to have been made at the expiration of a period of 6 weeks from the date of the proposal unless the members of the planning authority, within that period, by resolution reject the proposed variation.

(7) Where a variation is deemed to have been made under subsection (6), the publication requirements under subsection (18) of section 58 shall apply in respect of the development plan as varied.

(8) Where, within the 6 week period referred to in subsection (6), the members of the planning authority by resolution reject the variation proposed by the chief executive—

(a) the chief executive shall advise the Office of the Planning Regulator of this fact, and

(b) the Office of the Planning Regulator shall consider whether to make a recommendation under subsection (9).

(9) Where, following a resolution under subsection (8), the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of subsection (1) of section 61 , it shall make a recommendation to the Minister that a draft direction under section 64 should be issued, which recommendation shall be accompanied by—

(b) a statement of reasons for the recommendation.

(10) Subject to subsections (11) and (12), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (9)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(11) Where the Minister decides under subsection (10) that a draft direction should be issued under section 64 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (10) the material inconsistency for the purposes of subsection (1) of section 61 , and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 64 in accordance with the proposed terms for the draft direction under subsection (9), with or without such modifications as may be specified by the Minister in the direction.

(12) Where the Minister decides under subsection (10) that a draft direction should not be issued under section 64 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (10) the material inconsistency for the purposes of subsection (1) of section 61 and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(13) A direction issued under paragraph (b) of subsection (12) shall be laid before each House of the Oireachtas by the Minister.

Assessment of development plan and variation by Office of Planning Regulator and recommendation to Minister

63. (1) The Office of the Planning Regulator shall, upon being notified by a planning authority under this Chapter of—

(a) the making of a development plan, or

(b) the making of any variation to a development plan,

carry out an assessment of the development plan or variation, as the case may be, in accordance with subsections (3) and (4).

(2) (a) The Minister may, at any time, request the Office of the Planning Regulator to carry out an assessment of a development plan.

(b) The Minister, a regional assembly or a planning authority may, at any time, notify the Office of the Planning Regulator of any provision in a development plan (including, in the case of notification by a planning authority under this paragraph, a development plan that relates to the functional area of a different planning authority) that the Minister, regional assembly or planning authority, as the case may be, believes to be materially inconsistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework,

(iii) the regional spatial and economic strategy for the relevant region, or

(iv) National Planning Policies and Measures.

(c) Where the Office of the Planning Regulator receives a request under paragraph (a) or a notification under paragraph (b), it shall carry out an assessment of the development plan concerned in accordance with subsections (3) and (4).

(d) The Office of the Planning Regulator may, at any time, of its own initiative and for stated reasons, carry out an assessment of a development plan in accordance with subsections (3) and (4).

(3) In carrying out an assessment under subsection (1) or (2), the Office of the Planning Regulator shall, for the purposes of forming an opinion under subsection (10), in particular, consider—

(a) the National Planning Framework,

(b) where the planning authority is a coastal planning authority, the National Marine Planning Framework,

(d) National Planning Policies and Measures,

(e) National Planning Policy Guidance,

(f) any relevant transport strategy published by the National Transport Authority,

(g) any Opinion on Development Plan Strategy issued by the Office of the Planning Regulator to the planning authority concerned under section 53 ,

(h) any recommendations and submissions made by the Minister, the Office of the Planning Regulator, the National Transport Authority or any other body as may be prescribed, under this Chapter in respect of a draft development plan or variation, or proposed material alteration thereto, and

(i) the requirements of this Chapter.

(4) Without prejudice to subsection (3), the Office of the Planning Regulator shall, in carrying out an assessment under subsection (1) or (2), consider whether the development plan or development plan as varied, as the case may be, fails to establish an integrated overall strategy for the proper planning and sustainable development of the relevant area in accordance with the requirements of this Act.

(5) In its consideration under subsection (4), the Office of the Planning Regulator shall have regard to whether the development plan or development plan as varied, as the case may be, contains a statement in accordance with the requirements of subsections (2) to (8) of section 43 .

(6) Where the Office of the Planning Regulator, as part of an assessment under subsection (1) or (2), forms a preliminary view that the development plan or any part or provision thereof should be suspended because it may be materially inconsistent with—

(a) the National Planning Framework,

(b) where the planning authority is a coastal planning authority, the National Marine Planning Framework,

(d) National Planning Policies and Measures,

it may issue a notice to the planning authority, which shall take effect immediately upon issuance and shall—

(i) suspend the effect of the development plan or part or provision thereof concerned pending the completion of the assessment, and

(ii) remain in effect pending the completion of the assessment and—

(I) the issuance by the Office of the Planning Regulator of a draft direction under section 64 , in accordance with a direction of the Minister under paragraph (b) of subsection (14),

(II) the issuance by the Minister of a direction under paragraph (b) of subsection (15) not to issue a draft direction, or

(III) the making of a recommendation by the Office of the Planning Regulator to the Minister under subsection (11) not to issue a draft direction.

(7) Where the Office of the Planning Regulator issues a notice to a planning authority under subsection (6), it shall on the same day provide a copy of the notice to the Minister and publish the notice on a website maintained by or on behalf of the Office of the Planning Regulator.

(8) The Office of the Planning Regulator, in carrying out an assessment under subsection (1) or (2)—

(a) shall, where the assessment is being carried out under subsection (2), consult with the chief executive and members of the planning authority, and

(b) may—

(i) require the planning authority to provide, within such period as may be specified by the Office of the Planning Regulator, such information as it considers necessary, and

(ii) consult with any other person it considers necessary.

(9) A planning authority shall furnish the Office of the Planning Regulator with any documentation or additional information that may be requested by the Office of the Planning Regulator, within the period specified in such a request.

(10) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that the development plan or development plan as varied, as the case may be—

(a) fails to establish an integrated overall strategy for the proper planning and sustainable development of the relevant area,

(b) is materially inconsistent with—

(i) the National Planning Framework,

(ii) where the planning authority is a coastal planning authority, the National Marine Planning Framework,

(iii) the relevant regional spatial and economic strategy, or

(iv) National Planning Policies and Measures,

(c) departs from any relevant guidance set out in National Planning Policy Guidance and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the area,

(d) departs from any relevant transport strategy of the National Transport Authority and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the area, or

(e) is otherwise in contravention of a requirement of this Act,

it shall make a recommendation to the Minister that a draft direction under section 64 should be issued, which recommendation shall be accompanied by—

(i) proposed terms for the draft direction, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 64 , and

(ii) a statement of reasons for the recommendation.

(11) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that none of the criteria in subsection (10) is met, it shall make a recommendation to the Minister that a draft direction under section 64 should not be issued, which recommendation shall be accompanied by a statement of reasons for the recommendation.

(12) The Office of the Planning Regulator shall notify the planning authority concerned, and where applicable, any planning authority or regional assembly which made a notification in accordance with paragraph (b) of subsection (2), of a recommendation under subsection (10) or (11) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections.

(13) Subject to subsections (14) and (15), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (10)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(14) Where the Minister decides under subsection (13) that a draft direction should be issued under section 64 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (13) which of the criteria in paragraphs (a) to (e) of subsection (10) the Minister considers to be met, and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 64 in accordance with the proposed terms for the draft direction under subsection (10), with or without such modifications as may be specified by the Minister in the direction.

(15) Where the Minister decides under subsection (13) that a draft direction should not be issued under section 64 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (13) which of the criteria in paragraphs (a) to (e) of subsection (10) the Minister considers to be met and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(16) Where the Minister issues a direction under paragraph (b) of subsection (15) and the Office of the Planning Regulator has issued a notice to a planning authority under subsection (6), the Office of the Planning Regulator shall notify the planning authority concerned of the direction of the Minister for the purposes of subparagraph (II) of paragraph (ii) of subsection (6).

(17) A direction issued under paragraph (b) of subsection (15) shall be laid before each House of the Oireachtas by the Minister.

Issuance of draft direction by Office of Planning Regulator

64. (1) On receipt of a direction of the Minister to issue a draft direction under this Chapter, the Office of the Planning Regulator shall within 10 working days, subject to subsection (5), issue a draft direction, which if issued to a planning authority in a direction issued by the Minister under section 65 would require—

(a) a development plan to be varied in the manner specified in the direction, and

(b) the planning authority to implement the amendment referred to in paragraph (a) and publish the development plan as so amended.

(2) A draft direction issued under subsection (1) may identify any provision of a development plan that is the subject of the draft direction the operation of which, in the opinion of the Office of the Planning Regulator, ought to be suspended pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 65 .

(4) (a) A planning authority or the Commission shall not determine any application for permission which would be materially affected by the provisions suspended in accordance with subsection (3) or by any amendment of a development plan specified in a draft direction issued under subsection (1) pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 65 .

(b) Where a planning authority or the Commission is temporarily precluded from determining any application for permission under paragraph (a), it shall notify the applicant.

(5) Before issuing a draft direction under subsection (1), the Office of the Planning Regulator shall—

(b) conduct a screening assessment in accordance with Part 6 to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on any European site.

(6) (a) Where it is determined under paragraph (a) of subsection (5) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations.

(b) Where it is determined under paragraph (b) of subsection (5) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report in accordance with Part 6 .

(7) Where the Office of the Planning Regulator issues a draft direction in accordance with subsection (1), it shall—

(b) direct the planning authority to publish notice of the issuance of the draft direction on a website maintained by or on behalf of the planning authority, and

(i) the Minister,

(ii) the chief executive of the planning authority,

(iii) the members of the planning authority,

(iv) the director of the relevant regional assembly,

(v) where the planning authority is a coastal planning authority, the Maritime Area Regulatory Authority,

(vi) where the functional area of the planning authority includes a Gaeltacht, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) the Commission,

(viii) the National Transport Authority, and

(ix) any other body, as the Office of the Planning Regulator considers appropriate.

(8) A notice published under paragraph (a) of subsection (7) shall—

(a) state that the Office of the Planning Regulator has issued a draft direction in accordance with subsection (1),

(b) where applicable, state that a determination has been made that strategic environmental assessment, or appropriate assessment, or both, as the case may be, is or is not required in respect of the draft direction,

(c) state that copies of the draft direction, the determination made in accordance with subsection (5) and any environmental report or Natura impact report referred to in subsection (6) will be made available for inspection by members of the public at such place and for such period as is specified in the notice,

(d) state that such copies will also be available for inspection on a website maintained by or on behalf of the Office of the Planning Regulator and of the planning authority concerned,

(9) Subject to subsections (10), (11) and (12), the Office of the Planning Regulator shall, not later than 6 weeks after the expiry of the period specified in a notice published under paragraph (a) of subsection (7), and having considered any submissions received in relation to a draft direction issued under subsection (1), including any submissions received from the chief executive of the planning authority and the members of the planning authority—

(a) recommend that the Minister issue a direction under section 65 in terms of the draft direction,

(b) recommend that the Minister issue a direction under section 65 in an amended form to take account of any submissions made pursuant to subsection (8), or

(10) Where the Office of the Planning Regulator, following consideration of any submissions received, is of the opinion that none of the criteria in paragraphs (a) to (e) of subsection (10) of section 63 is met, the Office of the Planning Regulator shall make a recommendation under paragraph (c) of subsection (9), without prejudice to the power of the Office of the Planning Regulator to carry out further assessments pursuant to subsection (2) of section 63 .

(11) (a) Where it is determined under paragraph (a) of subsection (5) that a strategic environmental assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraphs (a) or (b) of subsection (9), carry out a strategic environmental assessment in respect of the draft direction that it is recommending that the Minister issue.

(b) Where it is determined under paragraph (b) of subsection (5) that an appropriate assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraphs (a) or (b) of subsection (9), carry out an appropriate assessment in respect of the draft direction that it is recommending that the Minister issue.

(12) A recommendation to the Minister under subsection (9) shall be accompanied by a report of the Office of the Planning Regulator setting out—

(a) a copy of the draft direction issued under subsection (1),

(b) a summary of any written submissions received from the chief executive and the members of the planning authority in relation to the draft direction,

(d) an analysis and evaluation by the Office of the Planning Regulator of any written submissions referred to in paragraphs (b) and (c),

(e) the reasons for the recommendation of the Office of the Planning Regulator,

(f) where the Office of the Planning Regulator is recommending that the Minister issue a direction under section 65 in an amended form, a copy of the proposed amended draft direction, and

(g) where required, the strategic environmental assessment or appropriate assessment of the Office of the Planning Regulator, or both, as the case may be, carried out by the Office of the Planning Regulator in accordance with subsection (11) in relation to the direction which the Office of the Planning Regulator is recommending that the Minister issue.

(13) A copy of the recommendation and report sent to the Minister under subsections (9) and (12), and any submissions made in relation to the draft direction, shall be—

(a) made available on a website maintained by or on behalf of the Office of the Planning Regulator, and

(b) sent to the relevant planning authority.

(14) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

Power of Minister to issue direction

65. (1) The Minister may, subject to this section, issue a direction to a planning authority requiring—

(a) a development plan to be varied in the manner specified in the direction, and

(b) the planning authority to implement the variation referred to in paragraph (a) and publish the development plan as so varied.

(2) The Minister may only issue a direction under subsection (1) where the Office of the Planning Regulator has issued a draft direction under subsection (1) of section 64 and made a recommendation under subsection (9) of that section.

(3) The Minister may only issue a direction under subsection (1) where he or she is satisfied that one or more of the criteria in paragraphs (a) to (e) of subsection (10) of section 63 is met.

(4) Within 8 weeks of receipt of a recommendation and report of the Office of the Planning Regulator in accordance with subsections (9) and (12) of section 64 , the Minister shall—

(a) consider the recommendation and report,

(b) consider any summary of submissions received by the Office of the Planning Regulator in relation to the draft direction issued under subsection (1) of section 64 ,

(c) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator, and

(d) where the decision is to issue a direction under subsection (1)—

(i) identify in the stated reasons provided under paragraph (c) which of the criteria in paragraphs (a) to (e) of subsection (10) of section 63 the Minister considers to be met, and

(ii) issue the direction in accordance with subsection (5).

(5) The Minister may issue the direction under subsection (1) to the planning authority—

(a) in the terms of the draft direction recommended by the Office of the Planning Regulator under subsection (9) of section 64 ,

(b) in the terms referred to in paragraph (a) with such minor modifications as the Minister considers appropriate, or

(c) subject to subsection (8), in the terms referred to in paragraph (a) with such other modifications as the Minister considers appropriate.

(6) For the purposes of paragraph (b) of subsection (5), a modification shall be deemed to be minor where it is not likely to have significant effects on the environment or on any European site.

(7) Prior to issuing a direction under subsection (1), the Minister shall consider any strategic environmental assessment or appropriate assessment included in the Office of the Planning Regulator’s report to the Minister in accordance with paragraph (g) of subsection (12) of section 64 and may adopt such assessment or make his or her own assessment and determination in respect of the direction.

(8) Before issuing a direction under paragraph (c) of subsection (5), the Minister shall request the Office of the Planning Regulator to—

(c) The Office of the Planning Regulator shall report the outcome of any assessment carried out under paragraph (a) or (b) to the Minister.

(10) Where the Minister decides, whether or not in accordance with a recommendation made by the Office of the Planning Regulator under subsection (9) of section 64 , not to make a direction under subsection (1), the Minister may request the Office of the Planning Regulator to carry out a further assessment under subsection (2) of section 63 .

(a) be provided to the relevant planning authority, the Office of the Planning Regulator and the Commission,

(b) be published on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage, and

(12) Within 5 working days of receipt of a direction in accordance with subsection (11), the Office of the Planning Regulator and the planning authority shall each publish the direction on a website maintained by or on behalf of the Office of the Planning Regulator and the planning authority.

(13) Where the Minister decides not to issue a direction under subsection (1), he or she shall—

(a) provide a statement of reasons for deciding not to issue a direction to the relevant planning authority, the relevant regional assembly, the Office of the Planning Regulator and the Commission,

(b) cause a copy of the statement referred to in paragraph (a) to be laid before each House of the Oireachtas, and

(c) as soon as practicable, make the statement referred to in paragraph (a) available on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage.

(14) Where the Minister issues a direction under subsection (1), the planning authority shall, as soon as practicable, comply with that direction and the chief executive or members shall not exercise any function conferred on them by or under this Act in a manner that contravenes the direction.

(15) A direction issued by the Minister under subsection (1) shall have immediate effect and its terms shall be deemed to be incorporated into the plan or, if appropriate, to constitute the plan, pending the implementation and publication by the planning authority, in accordance with the direction, of the development plan as varied by that direction.

(16) Where, in any application for judicial review of a direction made pursuant to this section in accordance with the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) and Part 9 , the Court concludes that the Minister was not entitled to form the opinion that one or more of the criteria in paragraphs (a) to (e) of subsection (10) of section 63 , is met, this shall not warrant the quashing of the direction where—

(a) the Minister was also of the opinion that one or more of the other criteria in paragraphs (a) to (e) of subsection (10) of section 63 is met, and

(b) the Court finds that the Minister was entitled to form such an opinion.

(17) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

Direction affecting urban area plan, priority area plan or coordinated area plan

66. Where a draft direction issued under section 64 or a direction issued under section 65 would, if implemented, have the effect of causing any provision of an urban area plan, a priority area plan or a coordinated area plan to cease to have effect by virtue of subsection (2) of section 74 , or would otherwise require consequential changes to be made to such a plan, the Office of the Planning Regulator, where so directed by the Minister, or the Minister, as the case may be, shall at the same time as issuing the draft direction under section 64 or the direction under section 65 also issue a draft direction under section 79 or a direction under section 80 , as the case may be, specifying the manner in which it requires the urban area plan, priority area plan or coordinated area plan to be amended.

Urgent direction requiring chief executive to vary development plan

67. (1) This section applies where the Minister is satisfied that—

(a) an event or situation with significant national, regional or strategic implications has occurred or is likely to occur,

(b) it is necessary for the Government to take action as a matter of urgency for the purpose of dealing with the implications or likely implications of the event or situation concerned, and

(2) The Minister may, with the approval of the Government, issue a direction (referred to in this section as an “urgent direction”) to a planning authority requiring the chief executive of the planning authority to vary the development plan for the functional area of the planning authority for the purpose specified in subsection (3) before the expiry of the period specified in the direction.

(3) The purpose referred to in subsection (2) is to make provision for or in connection with a class of infrastructure or other development of national or strategic importance specified in the urgent direction—

(a) at a location specified in the urgent direction, or

(b) at a location that is to be selected by the chief executive of the planning authority in accordance with criteria set out in the urgent direction.

(4) Before issuing an urgent direction, the Minister shall—

(a) consult the Office of the Planning Regulator,

(b) determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is necessary to carry out a strategic environmental assessment and, where it determines that it is necessary to do so, carry out a strategic environmental assessment in accordance with those regulations,

(c) determine, in accordance with Part 6 , whether it is necessary to carry out an appropriate assessment and, where it determines that it is necessary to do so, carry out an appropriate assessment in accordance with that Part,

(d) where the direction concerns the development plan of a single planning authority, notify the planning authority that he or she intends to issue a direction under this section, and

(e) publish notice of the determinations made under paragraphs (b) and (c) on a website maintained by or on behalf of the Minister.

(5) The chief executive of a planning authority shall—

(a) comply with an urgent direction, and

(b) make such consequential amendments of any urban area plan, priority area plan or coordinated area plan that is in force for the functional area of the planning authority as the chief executive considers necessary for the purpose of ensuring that any such plan is consistent with the development plan as varied by virtue of the urgent direction.

(6) The chief executive of a planning authority shall, as soon as may be after varying a development plan and amending any urban area plan, priority area plan or coordinated area plan under this section—

(a) publish notice of the making of the variations and amendments and a copy of the plan concerned as varied, and

(b) where the chief executive has amended a coordinated area plan under paragraph (b) of subsection (5), give to each of the other planning authorities to whose functional area the coordinated area plan relates—

(i) notice of the amendments, and

(ii) a copy of the coordinated area plan as amended.

(7) A varied development plan or an amended urban area plan, priority area plan or coordinated area plan shall take effect on the making of the variation or amendment by the chief executive of the planning authority the subject of an urgent direction.

(8) A direction issued under subsection (2) shall, within 3 working days beginning on the date on which the direction is issued, be laid before each House of the Oireachtas by the Minister.

Continuation in force of pre-commencement development plan

68. (1) Notwithstanding the repeal of section 12 of the Act of 2000 effected by section 6 , a development plan made under that section that was in force in respect of the functional area of a planning authority immediately before such repeal shall, subject to subsection (3) and sections 61 and 62 , continue in force on and after that repeal—

(a) for the remainder of the period of 6 years from the coming into effect of the development plan concerned, or

(b) until a new development plan has been made under this Chapter in respect of the functional area to which the plan relates,

whichever is the shorter period.

(2) A development plan continued in force under subsection (1) shall have effect as if it were a development plan made under this Chapter.

(3) The Minister may, by order, for the purposes of ensuring the effective operation of this Part, vary for such period as he or she considers appropriate, the period for which a development plan continued in force under subsection (1) is to remain in force.

(4) Prior to making any order under subsection (3), the Minister shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6 ).

(5) Where a provision of a development plan continued in force under subsection (1) conflicts with a provision of the National Planning Framework or the relevant regional spatial and economic strategy for the time being in force, the provision of the National Planning Framework or the relevant regional spatial and economic strategy, as the case may be, shall take precedence.

Notices under section 11 of Act of 2000

69. Where a notice was given under section 11 of the Act of 2000 of the preparation of a new development plan before the repeal of Part II effected by section 6 , that Part shall continue to apply and have effect on and after that repeal in relation to that notice, and any act done consequent upon the giving of that notice, until the making of the development plan concerned, and the development plan so made shall be deemed to have been made under and in accordance with Part 3 .

Chapter 6

Urban Area Plans, Priority Area Plans and Coordinated Area Plans

Statutory obligations

70. In this Chapter, “statutory obligations” includes an obligation to ensure that a plan prepared under this Chapter is materially consistent with the objectives and strategies set out in the development plan and, in the case of a coordinated area plan, with the objectives and provisions of the regional spatial and economic strategy relating to the settlement or the part of a settlement to which the coordinated area plan relates.

Urban area plans

71. (1) Where a development plan identifies a settlement as requiring an urban area plan, the planning authority shall prepare, in accordance with the procedure set out in section 75 , a plan (in this Act referred to as an “urban area plan”) which shall—

(a) specify how the settlement-specific objectives set out in the development plan that apply to the settlement concerned will be implemented,

(b) specify how the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the development plan in accordance with section 43 , and the strategies and statements of the development plan prepared under sections 44 to 51 , insofar as they are relevant to the settlement, will be implemented in respect of the settlement concerned, and

(c) include such other objectives in such detail as may be determined by the planning authority to ensure the proper planning and sustainable development of the settlement to which it applies, including objectives relating to community facilities and amenities and standards for the design and architecture of structures and public areas.

(2) An urban area plan shall—

(a) be materially consistent with—

(i) the settlement-specific objectives set out in the development plan which apply to the settlement concerned,

(ii) the zoning objectives of the development plan which apply to the settlement concerned,

(iii) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority as set out in the development plan in accordance with section 43 , and

(iv) the strategies and statements prepared under sections 44 to 51 of the development plan,

and

(b) take due account of any relevant transport strategy of the National Transport Authority.

Priority area plans

72. (1) Subject to subsections (4) and (5), where a development plan identifies part of a settlement as requiring a priority area plan, the planning authority shall prepare, in accordance with the procedure set out in section 75 , a plan (in this Act referred to as a “priority area plan”) which shall—

(a) include an outline of any objectives included in the development plan under subsection (4) of section 52 to guide and enable the development, renewal or regeneration of the part of the settlement to which it applies,

(b) specify how the settlement-specific objectives set out in the development plan, the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the development plan in accordance with section 43 , and the strategies and statements of the development plan prepared under sections 44 to 51 insofar as they are relevant to the part of the settlement to which the priority area plan applies, will be implemented, and

(c) include such other objectives in such detail as may be determined by the planning authority for the proper planning and sustainable development of the part of the settlement to which the priority area plan applies, including objectives relating to community facilities and amenities and standards for the design and architecture of structures and public areas.

(2) A priority area plan shall—

(a) be materially consistent with—

(i) the settlement-specific objectives set out in the development plan which apply to the part of the settlement concerned, including any objectives under subsection (4) of section 52 applicable to a site or land within the area of the priority area plan,

(ii) the zoning objectives of the development plan which apply to the part of the settlement concerned,

(iv) the strategies and statements prepared under sections 44 to 51 of the development plan,

and

(b) take due account of any relevant transport strategy of the National Transport Authority.

(3) A planning authority may appoint a sub-committee comprised of elected members from the part of the settlement to be the subject of a priority area plan for the purposes of liaising with the chief executive in relation to the preparation of a draft priority area plan under section 75 .

(4) Where a development plan sets out settlement-specific objectives in respect of any Gaeltacht or inhabited offshore island in accordance with subparagraph (iii) or (iv) of paragraph (a) of subsection (1) of section 52 , the planning authority shall prepare a priority area plan for one or more such Gaeltacht or inhabited offshore island.

(5) In the case of a priority area plan prepared under subsection (4), a reference to “part of a settlement” in—

(a) subsections (1) to (3), and

(b) section 74 , 75 , 77 or 78 ,

shall be read as a reference to the Gaeltacht or inhabited offshore island the subject of the plan.

Coordinated area plans

73. (1) Where a regional spatial and economic strategy designates a settlement or part of a settlement (in which case, the term “settlement” in this section shall be taken as referring to that part) as requiring a coordinated area plan, the principal planning authority and associate planning authority shall prepare, in accordance with the procedure set out in section 76 , a plan (in this Act referred to as a “coordinated area plan”) which shall—

(a) specify how the settlement-specific objectives, integrated overall strategy for the proper planning and sustainable development of the functional area of each planning authority, as set out in the development plans in accordance with section 43 , and the strategies and statements prepared under sections 44 to 51 of the development plans which apply to the settlement concerned, insofar as they are relevant to the settlement, will be implemented in respect of the settlement concerned, and

(b) include such other objectives in such detail as may be determined by the principal planning authority and the associate planning authority to ensure the proper planning and sustainable development of the settlement to which it applies, including objectives relating to community facilities and amenities and standards for the design and architecture of structures and public areas.

(2) A coordinated area plan shall—

(a) be materially consistent with—

(i) the objectives and provisions of the regional spatial and economic strategy relating to the area of the coordinated area plan concerned,

(ii) the settlement-specific objectives set out in the development plan for each planning authority in which the settlement concerned is situate which apply to the settlement concerned,

(iii) the zoning objectives of the development plan for each planning authority in which the settlement concerned is situate which apply to the settlement concerned,

(iv) the integrated overall strategy of the functional area of each planning authority in which the settlement concerned is situate, as set out in the development plan of each planning authority in accordance with section 43 , and

(v) the strategies and statements prepared under sections 44 to 51 of the development plan for each planning authority in which the settlement concerned is situate insofar as such strategies apply to the settlement or part of the settlement concerned,

and

(b) take due account of any relevant transport strategy of the National Transport Authority.

(3) A principal planning authority and an associate planning authority shall collectively appoint a coordinated area plan committee for the purposes of preparing a coordinated area plan.

(4) A coordinated area plan committee shall comprise of 11, 13 or 15 members from the principal planning authority and the associate planning authority who shall be appointed in accordance with the regional spatial and economic strategy.

(5) A coordinated area plan committee shall liaise with the chief executive of the principal planning authority in relation to the preparation of a draft coordinated area plan under section 76 .

Conditions of urban area plans, priority area plans and coordinated area plans

74. (1) No settlement or part of a settlement may be the subject of, or be identified to be the subject of, more than one plan made under this Chapter.

(2) Where any provision of a plan made under this Chapter conflicts with a provision of a development plan which applies to the settlement or part of the settlement concerned, the conflicting provision of the plan made under this Chapter shall cease to have effect.

(3) An urban area plan or priority area plan shall take effect 4 weeks from the day on which the plan is made and shall, subject to subsection (4), remain in force for a period of 10 years or until the development plan which required that the plan be prepared is replaced, whichever is the shorter period.

(4) Where a planning authority, subsequent to the coming into effect of an urban area plan or priority area plan, makes a new development plan, the new development plan may provide that the urban area plan or priority area plan concerned shall continue to have effect for the period of 10 years referred to in subsection (3) provided that the planning authority is satisfied that the urban area plan or priority area plan—

(a) remains materially consistent with—

(i) the settlement-specific objectives set out in the new development plan which apply to the settlement or part of the settlement concerned (including, in the case of a priority area plan, any objectives under subsection (4) of section 52 applicable to a site or land within the area of the priority area plan),

(ii) the zoning objectives of the new development plan which apply to the settlement or part of the settlement concerned,

(iii) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the new development plan in accordance with section 43 , and

(iv) the strategies and statements prepared under sections 44 to 51 of the new development plan,

and

(b) continues to take due account of any relevant transport strategy of the National Transport Authority.

(5) A coordinated area plan shall take effect 4 weeks from the day on which the plan is made and shall, subject to subsection (6), remain in force for a period of 10 years or until the principal planning authority makes a new development plan, whichever is the shorter period.

(6) Where the principal planning authority, subsequent to the coming into effect of a coordinated area plan, makes a new development plan, the new development plan may provide that the coordinated area plan concerned shall continue to have effect for the period of 10 years referred to in subsection (5) provided that the principal planning authority—

(a) is satisfied that the coordinated area plan—

(i) remains materially consistent with—

(I) the settlement-specific objectives set out in the new development plan which apply to the settlement or the part of a settlement concerned,

(II) the zoning objectives of the new development plan which apply to the settlement or the part of a settlement concerned,

(III) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the new development plan in accordance with section 43 , and

(IV) the strategies and statements prepared under sections 44 to 51 of the new development plan,

and

(ii) continues to take due account of any relevant transport strategy of the National Transport Authority,

and

(b) has obtained the consent of—

(i) the associate planning authority, and

(ii) the director of the relevant regional assembly,

to such extension of the period of effect of the coordinated area plan.

(7) A planning authority may at any time amend or revoke an urban area plan or a priority area plan made by the authority and this Chapter shall apply to the amendment or revocation of any such plan as it applies to the making of the plan.

(8) A principal planning authority and associate planning authorities may at any time jointly amend or revoke a coordinated area plan made by the authorities and this Chapter shall apply to the amendment or revocation or any such plan as it applies to the making of the plan.

(9) The Minister may prescribe such other matters to be addressed in an urban area plan, priority area plan or coordinated area plan taking into account the principles of proper planning and sustainable development of the settlement or part of the settlement, the statutory obligations of any local authority in the area, and any relevant policies or objectives of the Government or of any Minister of the Government.

Procedure for preparing and making urban area plans and priority area plans

75. (1) A planning authority shall commence the preparation of an urban area plan and a priority area plan prior to the preparation of an interim report under subsection (2) of section 56 on the progress achieved towards securing the implementation of the development plan for the functional area in which the part of the settlement concerned is situate.

(2) Before the sending and publication of a notice under subsection (5) of a proposal to make an urban area plan or a priority area plan—

(a) the chief executive of the planning authority shall consult the members of the planning authority or, in the case of a priority area plan where a sub-committee has been appointed under subsection (3) of section 72 , the members of the sub-committee, and prepare a draft of the plan concerned, and

(b) the planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is required to be carried out in respect of the draft plan and shall determine, in accordance with Part 6 , whether an appropriate assessment is required to be carried out in respect of the draft plan.

(3) Where the planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out a strategic environmental assessment, it shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations.

(4) Where the planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out an appropriate assessment in respect of a draft urban area plan or priority area plan, it shall prepare a Natura impact report in accordance with Part 6 .

(5) The planning authority shall—

(a) send notice of the proposal to make an urban area plan or priority area plan, as the case may be, a draft of the proposed plan and any environmental report referred to in subsection (3) or Natura impact report referred to in subsection (4) to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Commission,

(iv) the regional assembly for the region in which the settlement or part of the settlement is situate,

(v) any planning authority whose functional area is contiguous to the settlement or part of the settlement to which the proposed plan relates,

(vi) where the settlement or part of the settlement to which the proposed plan relates includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) the National Transport Authority, and

(viii) such other persons as may be prescribed,

and

(b) publish a copy of the notice referred to in paragraph (a) in one or more newspapers circulating in the functional area of the planning authority and on a website maintained by or on behalf of the planning authority.

(6) A notice under subsection (5) shall state—

(a) that the planning authority proposes to make an urban area plan or priority area plan,

(b) the outcome of the determinations made under paragraph (b) of subsection (2),

(c) that a draft of the proposed plan, the determinations made under paragraph (b) of subsection (2) and any environmental report prepared in accordance with subsection (3) or Natura impact report prepared in accordance with subsection (4) may be inspected at a place specified in the notice at such times as may be specified during a period (being a period of not less than 6 weeks from the date of the notice) as may be so specified,

(d) that written submissions received before the expiry of the period specified in the notice, will be taken into consideration before the making of the urban area plan or priority area plan, and

(e) that children, or groups representing the interests of children, are entitled to make submissions under paragraph (d).

(7) Written submissions received by the planning authority in accordance with paragraph (d) of subsection (6) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt.

(8) Subsequent to the receipt of written submissions received in accordance with paragraph (d) of subsection (6) and before finalisation of his or her report in accordance with subsection (9), the chief executive shall carry out in respect of the draft plan and any amendments which he or she proposes to recommend to the members of the planning authority, any assessment which is required in accordance with subsection (3) or (4).

(9) Not later than 12 weeks from the date of the notice under subsection (5), the chief executive of a planning authority shall prepare a report on any submissions received under paragraph (d) of subsection (6) and shall submit the report to the members of the planning authority for their consideration and publish it on a website maintained by or on behalf of the planning authority as soon as practicable following submission to the members.

(10) A report under subsection (9) shall—

(a) list the persons who made submissions,

(b) provide a summary of any submissions made by—

(i) the Office of the Planning Regulator, the Minister or regional assembly, and

(ii) other persons (and the report may, for this purpose, group and summarise the issues raised in different submissions made by other persons on a thematic basis),

in relation to the proposed plan,

(c) set out the opinion of the chief executive in relation to the matters raised in the submissions and his or her recommendations in relation to the proposed plan taking account of the principles of proper planning and sustainable development of the settlement or part of the settlement to which the plan relates, the statutory obligations of the planning authority in whose functional area the settlement or part of the settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government,

(d) set out the opinion of the chief executive and his or her recommendations in relation to how any matters raised in submissions made by the Office of the Planning Regulator, Minister, or regional assembly in respect of the proposed plan should be addressed,

(e) set out the opinion of the chief executive and his or her recommendations in relation to how any matters raised in submissions made by the National Transport Authority in respect of the proposed plan should be addressed, and

(f) include any assessment of the chief executive under subsection (8).

(11) The members of the planning authority shall consider a report of the chief executive prepared under subsection (9) and the urban area plan or priority area plan, as the case may be, shall be deemed to be made in accordance with the recommendations set out in the report of the chief executive 6 weeks after the date of furnishing of the report to the members of the planning authority unless the planning authority, by resolution passed before the expiry of the said period—

(a) subject to subsection (12), decides to make the plan as recommended in the report of the chief executive,

(b) subject to subsection (12), decides to make the plan otherwise than as recommended in the chief executive’s report, or

(12) Where the members of the planning authority resolve in accordance with paragraph (a) or (b) of subsection (11) to make an urban area plan or a priority area plan in a form that includes a material alteration, the plan shall not be considered to have been made and, subject to subsections (13) to (15), the planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (a) or (b) of subsection (11)—

(a) publish notice of the proposed material alteration in at least one newspaper circulating in the functional area of the planning authority and on a website maintained by or on behalf of the planning authority, which notice shall state—

(i) that the planning authority proposes to make an urban area plan or priority area plan in form that include a material alteration to the draft plan,

(ii) the outcome of the determinations made by the planning authority under subsections (13) and (14),

(iii) that a copy of the proposed material alteration, the determinations by the planning authority under subsection (13) and (14) and any environmental report or Natura impact report, may be inspected at a place specified in the notice at such times as may be specified during a period (being a period of not less than 4 weeks from the date of the notice) as may be so specified, and

(iv) that written submissions in respect of the proposed material alteration received within the period specified in the notice shall be taken into consideration and shall be published on a website maintained by or on behalf of the planning authority within 10 working days of receipt unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met,

and

(b) send notice of the proposed material alteration (enclosing a copy of the proposed material alteration) to the persons referred to in paragraph (a) of subsection (5).

(13) Prior to the publication of a notice under subsection (12), the planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is or is not required to be carried out in respect of the material alteration of the draft plan.

(14) Prior to the publication of a notice under subsection (12), the planning authority shall determine, in accordance with Part 6 , whether an appropriate assessment is or is not required to be carried out in respect of the material alteration of the draft plan.

(15) Where the planning authority determines under subsection (13) or (14) that a strategic environmental assessment or an appropriate assessment is required, it shall prepare an environmental report or Natura impact report in relation to the material alteration and the 3 week period referred to in subsection (12) may be extended by such period as the chief executive specifies as being necessary for this purpose.

(16) Subsequent to receipt of the written submissions under subparagraph (iv) of paragraph (a) of subsection (12) and before finalisation of his or her report in accordance with subsection (17), the chief executive of the planning authority shall carry out in respect of the material alteration any assessment which has been determined in accordance with subsection (13) or (14) to be required.

(17) Not later than 8 weeks after the publication of a notice under subsection (12), the chief executive shall prepare a report on any submissions received under subparagraph (iv) of paragraph (a) of that subsection and submit the report to the members of the planning authority for their consideration.

(18) A report prepared for the purposes of subsection (17) shall be published on a website maintained by or on behalf of the planning authority as soon as practicable following submission to the members of the planning authority.

(19) A report under subsection (17) shall—

(a) list the persons who made submissions under subparagraph (iv) of paragraph (a) of subsection (12),

(b) provide a summary of any submissions made by—

(i) the Office of the Planning Regulator, the Minister or regional assembly, and

(ii) other persons (and the report may, for this purpose, group and summarise the issues raised in different submissions made by other persons on a thematic basis),

in relation to the proposed material alteration,

(c) set out the opinion of the chief executive in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration, taking account of the principles of proper planning and sustainable development of the settlement or part of the settlement to which the plan relates, the statutory obligations of the planning authority in whose functional area the settlement or part of the settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government,

(d) set out the opinion of the chief executive and his or her recommendations in relation to how any issues raised in submissions made by the Office of the Planning Regulator, the Minister, or regional assembly in relation to the proposed material alteration should be addressed,

(e) set out the opinion of the chief executive and his or her recommendations in relation to how any issues raised in submissions made by the National Transport Authority in relation to the proposed material alteration should be addressed, and

(f) include the assessment of the chief executive under subsection (16).

(20) The members of the planning authority shall consider the report of the chief executive prepared under subsection (17) and the urban area plan or priority area plan, as the case may be, shall be deemed to be made in accordance with the recommendations set out in the report of the chief executive 6 weeks after the date of furnishing of the report to the members of the planning authority unless the planning authority, by resolution passed before the expiry of the said period—

(a) decides to make the plan as recommended in the report of the chief executive,

(b) decides to make the plan with or without the proposed material alteration as published in accordance with subsection (12) or with a further minor modification of the proposed material alteration, or

(21) For the purposes of paragraph (b) of subsection (20), a modification to the material alteration shall be deemed to be minor where it—

(a) does not substantially or materially alter the material alteration, and

(b) is not likely to have significant effects on the environment or on any European site.

(22) A resolution referred to in subsection (11) or (20) shall require to be passed by not less than half of the members of the planning authority and the requirements of this subsection are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution.

(23) As soon as practicable and not later than 4 weeks after the making of an urban area plan or a priority area plan under paragraph (a) or (b) of subsection (11) or paragraph (a) or (b) of subsection (20) or the deemed making of an urban area plan or a priority area plan under subsection (11) or (20), a planning authority shall send a copy of the plan as made to the persons to which a notice was sent in accordance with paragraph (a) of subsection (5) and shall publish a copy of the plan on a website maintained by or on behalf of the planning authority.

(24) Where a planning authority in making an urban area plan or priority area plan under this section acts inconsistently with any submission made by the Office of the Planning Regulator or the Minister, the chief executive shall include notice of this fact, which notice shall contain a statement of the reasons for acting inconsistently with such submission, when sending a copy of the plan as made to the Office of the Planning Regulator and the Minister in accordance with subsection (23).

(25) Where a planning authority sends a copy of an urban area plan or a priority area plan to the Office of the Planning Regulator under subsection (23), the planning authority shall also send to the Office of the Planning Regulator any submissions received by the planning authority from the Minister, a regional assembly or the National Transport Authority in accordance with this section.

(26) A failure to comply with subsections (1), (7), (9), (12), (17) and (23) within the time period specified therein shall not of itself invalidate an urban area plan or priority area plan.

(27) The Minister may by regulations make further provision about—

(a) the preparation of, the making of and the amendment of urban area plans and priority area plans, and

(b) related matters.

Procedure for preparing and making coordinated area plans

76. (1) A principal planning authority shall commence the preparation of a coordinated area plan prior to the preparation by the principal planning authority of an interim report under subsection (2) of section 56 on the progress achieved towards securing the implementation of the development plan for the functional area.

(2) Before the sending and publication of a notice under subsection (5) of a proposal to make a coordinated area plan—

(a) the chief executive of the principal planning authority shall consult the coordinated area plan committee appointed under subsection (3) of section 73 and prepare a draft of the plan, and

(b) the principal planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is or is not required to be carried out in respect of the draft plan and shall determine, in accordance with Part 6 , whether an appropriate assessment is or is not required to be carried out in respect of the draft plan.

(3) Where the principal planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out a strategic environmental assessment, it shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations.

(4) Where the principal planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out an appropriate assessment, it shall prepare a Natura impact report in accordance with Part 6 .

(5) The principal planning authority shall—

(a) send notice of the proposal to make a coordinated area plan, a draft of the proposed plan and any environmental report referred to in subsection (3) or Natura impact report referred to in subsection (4) to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Commission,

(iv) the regional assembly for any region in which the settlement or the part of a settlement to which the proposed plan relates is situate,

(v) the associate planning authority,

(vi) any other planning authority whose functional area is contiguous with the settlement or the part of a settlement to which the proposed plan relates,

(vii) where the settlement or the part of a settlement to which the proposed plan relates includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(viii) the National Transport Authority, and

(ix) such other persons as may be prescribed,

and

(b) publish a copy of the notice referred to in paragraph (a) in one or more newspapers circulating in the settlement or the part of a settlement to which the proposed plan relates and on a website maintained by or on behalf of the principal planning authority.

(6) A notice under subsection (5) shall state—

(a) that the principal planning authority and associate planning authority propose to make a coordinated area plan,

(b) the outcome of the determinations made under paragraph (b) of subsection (2),

(c) that a draft of the proposed plan, the determinations made in accordance with paragraph (b) of subsection (2) and any environmental report referred to in subsection (3) or Natura impact report referred to in subsection (4) may be inspected at a place specified in the notice at such times as may be specified during a period (being a period of not less than 6 weeks from the date of the notice) as may be so specified,

(d) that written submissions, received before the expiry of the period specified in the notice, will be taken into consideration before the making of the coordinated area plan, and

(e) that children, or groups representing the interests of children, are entitled to make submissions under paragraph (d).

(7) Written submissions received by the principal planning authority in accordance with paragraph (d) of subsection (6) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt and a copy of the submissions shall also be provided to the associate planning authority within the said period.

(8) Subsequent to the receipt of written submissions under paragraph (d) of subsection (6) and before finalisation of his or her report in accordance with subsection (9), the chief executive of the principal planning authority shall carry out any assessment which is required in accordance with subsection (3) or (4).

(9) Not later than 12 weeks from the date of the notice under subsection (5), the chief executive of the principal planning authority shall prepare a report on any submissions received under paragraph (d) of subsection (6) and shall submit the report to the members of the coordinated area plan committee for their consideration and publish it on a website maintained by or on behalf of the principal planning authority as soon as practicable following submission to the members of the committee.

(10) A report under subsection (9) shall—

(a) list the persons who made submissions,

(b) provide a summary of any submissions made by—

(i) the Office of the Planning Regulator, the Minister or regional assembly, and

(ii) other persons (and the report may, for this purpose, group and summarise the issues raised in different submissions made by other persons on a thematic basis),

in relation to the proposed plan,

(c) set out the opinion of the chief executive in relation to the matters raised in the submissions and his or her recommendations in relation to the proposed plan taking account of the principles of proper planning and sustainable development of the settlement or the part of a settlement to which the plan relates, the statutory obligations of any planning authorities in whose functional area the settlement or the part of a settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government,

(d) set out the opinion of the chief executive and his or her recommendations in relation to how any matters raised in submissions made by the Office of the Planning Regulator, the Minister, or regional assembly in respect of the proposed plan should be addressed,

(f) include any assessment of the chief executive under subsection (8).

(11) The members of the coordinated area plan committee shall consider a report of the chief executive prepared under subsection (9) and shall within 6 weeks after the date of furnishing of the report to the members of the coordinated area plan committee by resolution—

(a) make a recommendation to the principal planning authority and associate planning authority not to make the draft coordinated area plan,

(b) make a recommendation to the principal planning authority and associate planning authority to make the draft coordinated area plan with or without a non- material alteration, or

(c) subject to subsection (14), propose an alteration to the draft coordinated area plan which, if made, would be a material alteration.

(12) Where the members of the coordinated area plan committee make a recommendation under paragraph (a) or (b) of subsection (11), the principal planning authority and the associate planning authority shall consider the recommendation in accordance with subsection (24).

(13) Where the members of the coordinated area plan committee fail to pass any resolution under subsection (11) within the period specified therein, the recommendation of the chief executive of the principal planning authority as set out in the report prepared under subsection (9) shall be deemed to be the recommendation of the coordinated area plan committee and the principal planning authority and the associate planning authority shall consider this recommendation in accordance with subsection (24).

(14) Where the members of the coordinated area plan committee resolve in accordance with paragraph (c) of subsection (11) to propose a material alteration to the draft coordinated area plan, subject to subsections (15) to (17), the principal planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (c) of subsection (11)—

(a) publish notice of the proposed material alteration in one or more newspapers circulating in the settlement or the part of a settlement to which the proposed coordinated area plan relates and on a website maintained by or on behalf of the principal planning authority, which notice shall state—

(i) that the members of the coordinated area plan committee have resolved to make a material alternation to the draft coordinated area plan,

(ii) the outcome of the determinations made by the principal planning authority under subsections (15) and (16),

(iii) that a copy of the proposed material alteration, the determinations made by the principal planning authority in accordance with subsection (15) and (16) and any environmental report or Natura impact report, may be inspected at a place specified in the notice at such times as may be specified during a period (being a period of not less than 4 weeks from the date of the notice) as may be so specified, and

(iv) that written submissions in respect of the proposed material alteration received within the period specified in the notice shall be copied to the associate planning authority, shall be taken into consideration and shall, within 10 working days of receipt, be published on a website maintained by or on behalf of the principal planning authority unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met,

and

(b) send notice of the proposed material alteration (enclosing a copy of the proposed material alteration) to the persons referred to in paragraph (a) of subsection (5).

(15) Prior to the publication of a notice under subsection (14), the principal planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is or is not required to be carried out in respect of the material alteration of the draft plan.

(16) Prior to the publication of a notice under subsection (14), the principal planning authority shall determine, in accordance with Part 6 , whether an appropriate assessment is or is not required to be carried out in respect of the material alteration of the draft plan.

(17) Where the principal planning authority determines under subsection (15) or (16) that a strategic environmental assessment or an appropriate assessment is required, it shall prepare an environmental report or Natura impact report in relation to the material alteration and the 3 week period referred to in subsection (14) may be extended by such period as the chief executive of the principal planning authority specifies as being necessary for this purpose.

(18) Subsequent to receipt of the written submissions under subparagraph (iv) of paragraph (a) of subsection (14) and before finalisation of his or her report in accordance with subsection (19), the chief executive of the principal planning authority shall carry out in respect of the material alteration any assessment which is required in accordance with subsection (15) or (16).

(19) Not later than 8 weeks after the publication of a notice under subsection (14), the chief executive of the principal planning authority shall prepare a report on any submissions received under subparagraph (iv) of paragraph (a) of that subsection and submit the report to the members of the coordinated area plan committee for their consideration.

(20) A report prepared for the purposes of subsection (19) shall be published on a website maintained by or on behalf of the principal planning authority as soon as practicable following submission to the members of the coordinated area plan committee.

(21) A report under subsection (19) shall—

(a) list the persons who made submissions under subparagraph (iv) of paragraph (a) of subsection (14),

(b) provide a summary of any submissions made by—

(i) the Office of the Planning Regulator, the Minister or regional assembly, and

(ii) other persons (and the report may, for this purpose, group and summarise the issues raised in different submissions made by other persons on a thematic basis),

in relation to the proposed material alteration,

(c) contain the opinion of the chief executive in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration, taking account of the principles of proper planning and sustainable development of the settlement or the part of a settlement to which the plan relates, the statutory obligations of the planning authorities in whose functional area the settlement or the part of a settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government,

(d) contain the opinion of the chief executive and his or her recommendations in relation to how any issues raised in submissions made by the Office of the Planning Regulator, the Minister, or regional assembly in relation to the proposed material alteration should be addressed,

(e) contain the opinion of the chief executive and his or her recommendations in relation to how any issues raised in submissions made by the National Transport Authority in relation to the proposed material alteration should be addressed, and

(f) include the assessment of the chief executive under subsection (18).

(22) The members of the coordinated area plan committee shall consider a report of the chief executive prepared under subsection (19) and shall within 6 weeks after the furnishing of the report to the members of the coordinated area plan committee by resolution—

(a) make a recommendation to the principal planning authority and associate planning authority not to make the draft coordinated area plan, or

(b) make a recommendation to the principal planning authority and associate planning authority to make the draft coordinated area plan with or without the proposed material alteration,

and the principal planning authority and the associate planning authority shall consider such recommendation in accordance within subsection (24).

(23) Where the members of the coordinated area plan committee fail to pass any resolution under subsection (22) within the period specified therein, the recommendation of the chief executive of the principal planning authority as set out in the report prepared under subsection (19) shall be deemed to be the recommendation of the coordinated area plan committee and the principal planning authority and the associate planning authority shall consider this recommendation in accordance with subsection (24).

(24) (a) Within 4 weeks of receipt of a recommendation of a coordinated area plan committee under subsection (11), (13), (22) or (23), the members of the principal planning authority and the associate planning authority shall vote by resolution on whether to accept the recommendation and whether or not to make the coordinated area plan with or without the proposed material alteration.

(b) Where the members of the planning authority decide to make the plan with the material alteration, they may do so subject to any minor modifications that they consider necessary.

(i) does not substantially or materially alter the material alteration, and

(ii) is not likely to have significant effects on the environment or on any European site.

(25) A resolution referred to in subsection (24) shall require to be passed—

(a) by the principal planning authority and the associate planning authority, and

(b) by not less than half of the total number of members of each planning authority,

and the requirements of this subsection are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution.

(26) As soon as practicable and not later than 4 weeks after the making of a coordinated area plan under subsection (24), a principal planning authority shall send a copy of the plan as made to the persons to which a notice was sent in accordance with paragraph (a) of subsection (5) and the principal planning authority and the associate planning authority shall each publish a copy of the plan on a website maintained by it or on its behalf.

(27) Where a principal planning authority and associate planning authority in making a coordinated area plan under this section act inconsistently with any submission made by the Office of the Planning Regulator or the Minister, the chief executive of the principal planning authority shall include notice of this fact, which notice shall contain a statement of the reasons for acting inconsistently with such submission, when sending a copy of the plan as made to the Office of the Planning Regulator and the Minister in accordance with subsection (26).

(28) Where a principal planning authority sends a copy of the coordinated area plan to the Office of the Planning Regulator under subsection (26), the principal planning authority shall also send any submissions received by the principal planning authority from the Minister, the regional assembly and the National Transport Authority in accordance with this section.

(29) Where any notice, submission or report requires to be published by a principal planning authority under this section on a website maintained by or on behalf of the principal planning authority, an associate planning authority shall, within 2 working days of publication by the principal planning authority, publish a link to such publication on a website maintained by or on behalf of the associate planning authority.

(30) Where the members of the principal planning authority and the associate planning authority by resolution under subsection (24) decide not to make a plan, or where they fail to vote on a resolution within the 4 week period referred to in that subsection, the chief executive of the principal planning authority shall as soon as practicable recommence the procedures in this section.

(31) (a) Where a dispute arises between a principal planning authority and an associate planning authority in relation to the application of the procedures under this section, the principal planning authority or the associate planning authority may refer that dispute to the Minister for resolution.

(b) Where a dispute is referred to the Minister under paragraph (a), the period of time from the date of such referral to the resolution of the dispute under subsection (32) shall be disregarded for the purposes of reckoning any period referred to in this section.

(32) Where a dispute is referred to the Minister under subsection (31), the Minister—

(a) shall consult with the principal planning authority and associate planning authority, the Office of the Planning Regulator and regional assembly for the region in which the settlement or the part of a settlement to be the subject of the coordinated area plan is situate, and

(b) may, having complied with paragraph (a) and provided he or she is satisfied that a planning authority, a chief executive of a principal planning authority or a coordinated area plan committee appointed under subsection (3) of section 73 has failed to discharge a statutory obligation imposed under this section, by notice require the planning authority, chief executive of a principal planning authority or coordinated area plan committee, as the case may be, to take such steps as are specified in the notice for the purposes of ensuring compliance with this section,

and the planning authority, chief executive of a principal planning authority or coordinated area plan committee, as the case may be, shall comply with any such notice.

(33) A failure to comply with subsections (1), (7), (9), (14), (19), (24), (26) and (29) within the time period specified therein shall of itself not invalidate a coordinated area plan.

(34) The Minister may by regulations make further provision about—

(a) the preparation of, the making of and the amendment of coordinated area plans, and

(b) related matters.

Automatic revocation of urban area plans, priority area plans and coordinated area plans in certain circumstances

77. (1) Where a planning authority varies a development plan or makes a new development plan and the development plan as varied or the new development plan, as the case may be, provides that a settlement or part of a settlement shall no longer be the subject of an urban area plan or a priority area plan, any such plan in force shall be deemed to be revoked and shall cease to have effect on the date upon which the variation or the new development plan comes into effect.

(2) In preparing a new development plan or a variation of an existing development plan, if subsection (1) would apply to the proposed new plan or the existing plan as proposed to be varied, the planning authority shall take account of the effects of the revocation of the urban area plan or priority area plan concerned in carrying out any—

(a) screening for strategic environmental assessment,

(b) strategic environmental assessment,

(d) appropriate assessment,

in respect of the proposed new plan or proposed variation, as the case may be.

(3) Where a regional assembly revises a regional spatial and economic strategy or makes a new regional spatial and economic strategy and the regional spatial and economic strategy as revised or the new regional spatial and economic strategy, as the case may be, provides that a settlement or the part of a settlement shall no longer be the subject of a coordinated area plan, any such plan in force shall be deemed to be revoked and shall cease to have effect on the date upon which the revised or new regional spatial and economic strategy comes into effect.

(4) In preparing a new regional spatial and economic strategy or a revision to an existing regional spatial and economic strategy, if subsection (3) would apply to the proposed new strategy or the existing strategy as proposed to be revised, the regional assembly shall take account of the effects of the revocation of the coordinated area plan concerned in carrying out any—

(a) screening for strategic environmental assessment,

(b) strategic environmental assessment,

(d) appropriate assessment,

in respect of the new strategy or proposed revision, as the case may be.

Assessment of urban area plans, priority area plans and coordinated area plans by Office of Planning Regulator and recommendation to Minister

78. (1) The Office of the Planning Regulator shall, upon being notified—

(a) by a planning authority of the making or amendment of an urban area plan or priority area plan, or

(b) by a chief executive of a principal planning authority of the making or amendment of a coordinated area plan,

carry out an assessment of the urban area plan, priority area plan or coordinated area plan, as the case may be, in accordance with subsection (3).

(2) (a) The Minister may, at any time, request the Office of the Planning Regulator to carry out an assessment of an urban area plan, priority area plan or coordinated area plan.

(b) The Minister, a regional assembly or a planning authority may, at any time, notify the Office of the Planning Regulator of any matter in an urban area plan, priority area plan or coordinated area plan (including, in the case of a planning authority, an urban area plan, priority area plan or coordinated area plan that relates to the functional area of a different planning authority) that the Minister, regional assembly or planning authority, as the case may be, believes—

(i) to be materially inconsistent with—

(I) the settlement-specific objectives set out in a development plan which applies to the settlement or the part of a settlement concerned,

(II) the zoning objectives of a development plan which applies to the settlement or the part of a settlement concerned,

(III) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in a development plan which applies to the settlement or the part of a settlement concerned in accordance with section 43 ,

(IV) the strategies and statements prepared under sections 44 to 51 of a development plan which applies to the settlement or the part of a settlement concerned, or

(V) in the case of a coordinated area plan, the objectives and provisions of a regional spatial and economic strategy relating to the area of the coordinated area plan concerned,

(ii) fails to take due account of any relevant transport strategy of the National Transport Authority which applies to the settlement or the part of a settlement concerned.

(c) Where the Office of the Planning Regulator receives a request from the Minister under paragraph (a), it shall carry out an assessment of the plan concerned in accordance with subsection (3).

(d) Where the Office of the Planning Regulator receives a notification from the Minister, a regional assembly or a planning authority under paragraph (b), it shall carry out an assessment of the alleged inconsistency in accordance with subsection (3).

(e) At any time, the Office of the Planning Regulator may, at its own initiative and for stated reasons, carry out an assessment of an urban area plan, priority area plan or coordinated area plan in accordance with subsection (3).

(3) In carrying out an assessment of an urban area plan, priority area plan or coordinated area plan under subsection (1) or (2), the Office of the Planning Regulator shall, for the purposes of forming an opinion under subsection (8), in particular, consider—

(a) any submissions made by the Minister, the Office of the Planning Regulator, a regional assembly, the National Transport Authority or any other body as may be prescribed, under this Chapter in respect of a draft plan or proposed amendment of such a plan,

(b) the settlement-specific objectives set out in a development plan which apply to the settlement or the part of a settlement concerned,

(d) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in a development plan which applies to the settlement or the part of a settlement concerned in accordance with section 43 ,

(e) the strategies and statements prepared under sections 44 to 51 of a development plan which apply to the settlement or the part of a settlement concerned,

(f) in the case of a coordinated area plan, the objectives and provisions of a regional spatial and economic strategy relating to the area of the coordinated area plan concerned,

(g) any relevant transport strategy of the National Transport Authority which applies to the settlement or the part of a settlement concerned, and

(h) the requirements of this Chapter.

(4) Where the Office of the Planning Regulator, as part of an assessment under subsection (1) or (2), forms a preliminary view that the urban area plan, priority area plan or coordinated area plan concerned or any part or provision thereof should be suspended because it may be materially inconsistent with one or more of the items referred to in subparagraphs (i) to (v) of paragraph (a) of subsection (8), it may issue a notice to the planning authority or, in the case of a coordinated area plan, the principal planning authority and the associate planning authority, which shall take effect immediately upon issuance and shall—

(a) suspend the effect of the plan or part or provision thereof concerned pending the completion of its assessment, and

(b) remain in effect pending the completion of—

(i) the issuance by the Office of the Planning Regulator of a draft direction under section 79 , in accordance with a direction of the Minister under paragraph (b) of subsection (12),

(ii) the issuance by the Minister of a direction under paragraph (b) of subsection (13) not to issue a draft direction, or

(iii) the making of a recommendation by the Office of the Planning Regulator to the Minister under subsection (9) not to make a draft direction.

(5) Where the Office of the Planning Regulator issues a notice under subsection (4), it shall on the same day provide a copy of the notice to the Minister and the Commission and publish the notice on a website maintained by or on behalf of the Office of the Planning Regulator.

(6) The Office of the Planning Regulator, in carrying out an assessment under subsection (1) or (2)—

(a) shall, where the assessment is being carried out under subsection (2)—

(i) in the case of an urban area plan or a priority area plan, consult the chief executive and members of the planning authority, and

(ii) in the case of a coordinated area plan, consult the chief executive and the members of the principal planning authority and the chief executive and the members of the associate planning authority,

(b) may require a planning authority, principal planning authority or associate planning authority to provide it with such information as it considers necessary, and

(7) A planning authority, principal planning authority or associate planning authority, as the case may be, shall furnish the Office of the Planning Regulator with any documentation or information that may be requested by the Office of the Planning Regulator, within the period specified in such a request.

(8) Where, following an assessment carried out pursuant to subsection (1) or (2), the Office of the Planning Regulator forms the opinion that an urban area plan, priority area plan or coordinated area plan—

(a) is materially inconsistent with—

(i) the settlement-specific objectives set out in a development plan which apply to the settlement or the part of a settlement concerned,

(ii) the zoning objectives of a development plan which apply to the settlement or the part of a settlement concerned,

(iii) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in a development plan which applies to the settlement or the part of a settlement concerned in accordance with section 43 ,

(iv) the strategies and statements prepared under sections 44 to 51 of a development plan which apply to the settlement or the part of a settlement concerned, or

(v) in the case of a coordinated area plan, the objectives and provisions of a regional spatial and economic strategy relating to the area of the coordinated area plan concerned,

(b) fails to take due account of any relevant transport strategy of the National Transport Authority which applies to the settlement or the part of a settlement concerned, or

it shall make a recommendation to the Minister that a draft direction under section 79 should be issued, which recommendation shall be accompanied by—

(i) proposed terms for the draft direction, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 79 , and

(ii) a statement of the reasons for the recommendation.

(9) Where, following an assessment carried out pursuant to subsection (1) or (2), the Office of the Planning Regulator forms the opinion that none of the criteria for the issuance of a draft direction set out in subsection (8) is met, it shall make a recommendation to the Minister that a draft direction under section 79 should not be issued, which recommendation shall be accompanied by a statement of reasons for the recommendation.

(10) The Office of the Planning Regulator shall notify the planning authority concerned (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority) and, where applicable, any planning authority or regional assembly which initiated the assessment in accordance with paragraph (b) of subsection (2), of its decision not to issue a draft direction and provide them with a statement of the reasons for that decision.

(11) Subject to subsections (12) and (13), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (8)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 79 , whether with or without modifications.

(12) Where the Minister decides under subsection (11) that a draft direction should be issued under section 79 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) which of the criteria in paragraphs (a) to (c) of subsection (8) the Minister considers to be met, and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 79 in accordance with the proposed terms for the draft direction under subsection (8), with or without such modifications as may be specified by the Minister in the direction.

(13) Where the Minister decides under subsection (11) that a draft direction should not be issued under section 79 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) which of the criteria in paragraphs (a) to (c) of subsection (8) the Minister considers to be met and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(14) Where the Minister issues a direction under paragraph (b) of subsection (13) and the Office of the Planning Regulator has issued a notice to a planning authority under subsection (4), the Office of the Planning Regulator shall notify the planning authority concerned of the direction of the Minister for the purposes of subparagraph (ii) of paragraph (b) of subsection (4).

(15) A direction issued under paragraph (b) of subsection (13) shall be laid before each House of the Oireachtas by the Minister.

Issuance of draft direction by Office of Planning Regulator

79. (1) On receipt of a direction of the Minister to issue a draft direction pursuant to paragraph (b) of subsection (12) of section 78 , the Office of the Planning Regulator may, subject to subsection (5), issue a draft direction, which if issued to a planning authority in a direction issued by the Minister under section 80 would require—

(a) an urban area plan, priority area plan or coordinated area plan to be amended in the manner specified in the direction, and

(b) the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority) to implement the amendment referred to in paragraph (a) and publish the urban area plan, priority area plan or coordinated area plan, as the case may be, as so amended.

(2) A draft direction issued under subsection (1) may identify any provision of the plan that is the subject of the draft direction the operation of which, in the opinion of the Office of the Planning Regulator, ought to be suspended pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 80 .

(4) (a) A planning authority or the Commission shall not determine any application for permission which would be materially affected by a provision suspended in accordance with subsection (3) or by any amendment of an urban area plan, priority area plan or coordinated area plan specified in a draft direction issued under subsection (1) pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 80 .

(b) Where a planning authority or the Commission is temporarily precluded from determining any application for permission under paragraph (a), it shall notify the applicant.

(5) Before issuing a draft direction under subsection (1), the Office of the Planning Regulator shall—

(b) conduct a screening assessment in accordance with Part 6 to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on any European site.

(6) (a) Where it is determined in accordance with paragraph (a) of subsection (5) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations.

(b) Where it is determined in accordance with paragraph (b) of subsection (5) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report in accordance with Part 6.

(7) Where the Office of the Planning Regulator issues a draft direction in accordance with subsection (1), it shall—

(b) direct the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority) to publish notice of the issuance of the draft direction on a website maintained by or on behalf of the planning authority, and

(i) the Minister,

(ii) where the subject matter of the draft direction is an urban area plan or a priority area plan, the chief executive of the planning authority and the members of the planning authority,

(iii) where the subject matter of the draft direction is a coordinated area plan, the chief executive and the members of the principal planning authority and the chief executive and the members of the associate planning authority,

(iv) the director of the relevant regional assembly,

(v) where the planning authority (and where the subject matter of the draft direction is a coordinated area plan, the principal planning authority or the associate planning authority) is a coastal planning authority, the Maritime Area Regulatory Authority,

(vi) where the subject matter of the draft direction is an urban area plan, priority area plan or coordinated area plan that relates to a settlement or part of a settlement which includes a Gaeltacht, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) the Commission,

(viii) the National Transport Authority, and

(ix) any other body, as the Office of the Planning Regulator considers appropriate.

(8) A notice published under paragraph (a) of subsection (7) shall—

(a) state that the Office of the Planning Regulator has issued a draft direction in accordance with subsection (1),

(b) state the outcome of the determinations made in accordance with subsection (5),

(c) state that copies of the draft direction, the determinations made in accordance with subsection (5) and any environmental report or Natura impact report referred to in subsection (6) will be made available for inspection by members of the public at such place and for such period as is specified in the notice,

(d) state that such copies will also be available for inspection on a website maintained by or on behalf of the Office of the Planning Regulator and of the planning authority concerned (and, in the case of a coordinated area plan, the notice shall refer to copies being available for inspection on websites maintained by or on behalf of the principal planning authority and the associate planning authority),

(9) Subject to subsections (10), (11) and (12), the Office of the Planning Regulator shall, not later than 6 weeks after the expiry of the period specified in a notice published under paragraph (a) of subsection (7), and having considered the submissions received in relation to a draft direction issued under subsection (1), including any submissions received from the chief executive and the members of the planning authority, principal planning authority and associate planning authority, as the case may be—

(a) recommend that the Minister issue a direction under section 80 in the terms of the draft direction,

(b) recommend that the Minister issue a direction under section 80 in an amended form to take account of any submissions made pursuant to subsection (8), or

(10) Where the Office of the Planning Regulator, following consideration of any submissions received, is of the opinion that none of the criteria in paragraphs (a) to (c) of subsection (8) of section 78 is met, the Office of the Planning Regulator shall make a recommendation under paragraph (c) of subsection (9), without prejudice to the power of the Office of the Planning Regulator to carry out further assessments pursuant to subsection (2) of section 78 .

(11) (a) Where it is determined under paragraph (a) of subsection (5) that a strategic environmental assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraph (a) or (b) of subsection (9), carry out a strategic environmental assessment in respect of the draft direction that it is recommending that the Minister issue.

(b) Where it is determined under paragraph (b) of subsection (5) that an appropriate assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraph (a) or (b) of subsection (9), carry out an appropriate assessment in respect of the draft direction that it is recommending that the Minister issue.

(12) A recommendation to the Minister under subsection (9) shall be accompanied by a report of the Office of the Planning Regulator setting out—

(a) a copy of the draft direction issued under subsection (1),

(b) a summary of any written submissions received from the chief executive and the members of the planning authority, the principal planning authority and the associate planning authority, as the case may be, in relation to the draft direction,

(d) an analysis and evaluation by the Office of the Planning Regulator of any written submissions referred to in paragraphs (b) and (c),

(e) the reasons for the recommendation of the Office of the Planning Regulator,

(f) where the Office of the Planning Regulator is recommending that the Minister issue a direction under section 80 in an amended form, a copy of the proposed amended draft direction, and

(13) A copy of the report and recommendation sent to the Minister under subsections (9) and (12), and any submissions made in relation to the draft direction, shall be—

(a) made available on a website maintained by or on behalf of the Office of the Planning Regulator, and

(b) sent to the relevant planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority).

(14) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

Power of Minister to issue direction

80. (1) The Minister may, subject to this section, issue a direction to a planning authority requiring—

(a) an urban area plan, priority area plan or coordinated area plan to be amended in the manner specified in the direction, and

(2) The Minister may only issue a direction under subsection (1) where the Office of the Planning Regulator has issued a draft direction under subsection (1) of section 79 and made a recommendation under subsection (9) of that section.

(3) The Minister may only issue a direction under subsection (1) where he or she is satisfied that one or more of the criteria set out in paragraphs (a) to (c) of subsection (8) of section 78 is met.

(4) Within 6 weeks of receipt of the recommendation and report of the Office of the Planning Regulator in accordance with subsections (11) and (12) of section 79 , the Minister shall—

(a) consider the recommendation and report,

(b) consider any summary of submissions received by the Office of the Planning Regulator in relation to the draft direction issued under subsection (1) of section 79 ,

(c) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator, and

(d) where the decision is to issue a direction under subsection (1)—

(i) identify in the stated reasons provided under paragraph (c) which of the criteria set out in paragraphs (a) to (c) of subsection (8) of section 78 the Minister considers to be met, and

(ii) issue the direction in accordance with subsection (5).

(5) The Minister may issue the direction under subsection (1) to the planning authority—

(a) in the terms of the draft direction recommended by the Office of the Planning Regulator under subsection (9) of section 79 ,

(b) in the terms referred to in paragraph (a) with such minor modifications as the Minister considers appropriate, or

(c) subject to subsection (8), in the terms referred to in paragraph (a) with such other modifications as the Minister considers appropriate.

(6) For the purposes of paragraph (b) of subsection (5), a modification shall be deemed to be minor where it is not likely to have significant effects on the environment or on any European site.

(7) Prior to issuing a direction under subsection (1), the Minister shall consider any strategic environmental assessment or appropriate assessment included in the Office of the Planning Regulator’s report to the Minister in accordance with paragraph (g) of subsection (12) of section 79 and may adopt such assessment or make his or her own assessment and determination in respect of the direction.

(8) Before issuing a direction under paragraph (c) of subsection (5), the Minister shall request the Office of the Planning Regulator to—

(c) The Office of the Planning Regulator shall report the outcome of any assessment carried out under paragraph (a) or (b) to the Minister.

(10) Where the Minister decides, whether or not in accordance with a recommendation made by the Office of the Planning Regulator under subsection (9) of section 79 , not to make a direction under subsection (1), the Minister may request the Office of the Planning Regulator to carry out a further assessment under subsection (2) of section 78 .

(a) provided to the relevant planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority), the relevant regional assembly, the Office of the Planning Regulator and the Commission,

(b) published on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage, and

(12) Within 5 working days of receipt of a direction in accordance with subsection (11), the Office of the Planning Regulator and the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority), shall publish the direction on a website maintained by or on behalf of the Office of the Planning Regulator and the planning authority.

(13) Where the Minister decides not to issue a direction under subsection (1), he or she shall—

(a) provide a statement of reasons for the decision not to issue a direction to the relevant planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority), the relevant regional assembly, the Office of the Planning Regulator and the Commission,

(b) cause a copy of the statement referred to in paragraph (a) to be laid before each House of the Oireachtas, and

(c) as soon as practicable, make the statement referred to in paragraph (a) available on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage.

(14) Where the Minister issues a direction under subsection (1), the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority) shall, as soon as practicable, comply with that direction.

(15) The chief executive or members of a planning authority, principal planning authority or associate planning authority shall not exercise any function conferred on them by this Act in a manner that contravenes a direction issued by the Minister under subsection (1).

(16) A direction issued by the Minister under subsection (1) shall have immediate effect and its terms shall be deemed to be incorporated into the urban area plan, priority area plan or coordinated area plan, as the case may be, or, if appropriate, to constitute the plan, pending the implementation of the direction and publication of the plan as amended by the direction by the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority) in accordance with that direction.

(17) Where, in any application for judicial review of a direction made pursuant to this section in accordance with the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) and Part 9, the Court concludes that the Minister was not entitled to form the opinion that one or more of the criteria set out in paragraphs (a) to (c) of subsection (8) of section 78 is met, this shall not warrant the quashing of the direction where—

(a) the Minister was also of the opinion that one or more of the other criteria set out in paragraphs (a) to (c) of subsection (8) of section 78 is met, and

(b) the Court finds that the Minister was entitled to form such an opinion.

(18) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

Continuation in force of pre-commencement local area plans

81. (1) Notwithstanding the repeal of section 20 of the Act of 2000 effected by section 6 , a local area plan made under that section that was in force in respect of any particular area within the functional area of a planning authority immediately before such repeal shall continue in force on and after that repeal—

(a) for the remainder of the period stated in the plan for which it is to remain in force, or

(b) until a new development plan has been made under Chapter 5 in respect of the functional area to which the plan relates,

whichever is the shorter period.

(2) The members of a planning authority may, by resolution for the purposes of ensuring the effective operation of this Part, extend for such period as they consider appropriate, the period for which a local area plan continued in force under subsection (1) is to remain in force provided that a new development plan has not been made under Chapter 5 in respect of the functional area to which the plan relates.

(3) Prior to adopting a resolution under subsection (2), a planning authority shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6 ).

(4) Where the members of the planning authority extend the period for which a local area plan is to remain in force under subsection (2) and a new development plan is made under Chapter 5 before the expiry of the period as extended, the local area plan concerned shall cease to have effect upon the coming into effect of the new development plan.

(5) Where the members of the planning authority extend the period for which a local area plan is to remain in force under subsection (2), the chief executive of the planning authority shall, as soon as practicable thereafter, notify the Minister of the extension.

(6) A planning authority may, during the period that a local area plan made by it remains in force by virtue of subsection (1), amend that plan.

(7) Where a provision of a local area plan continued in force under subsection (1) conflicts with—

(a) a provision of the National Planning Framework or the relevant regional spatial and economic strategy for the time being in force, the provision of the National Planning Framework or the relevant regional spatial and economic strategy, as the case may be, shall take precedence,

(b) National Planning Policies and Measures contained in a National Planning Statement issued under section 25 , the National Planning Policies and Measures shall take precedence, and

(c) a provision of a development plan continued in force under subsection (1) of section 68 , the provision of the latter shall take precedence.

PART 4

Development Consents

Chapter 1

Preliminary and General

Interpretation

82. (1) In this Part—

“Act of 1999” means the Electricity Regulation Act 1999 ;

“airport” means Dublin airport;

“Chapter 4 development” means—

(a) development for which retrospective consent is required, or

(b) subject to any regulations under section 115 in relation to any particular development or class of development that would, but for such regulations, fall within any of the following classes, development of any of the following classes:

(i) strategic infrastructure development;

(ii) electricity transmission infrastructure development;

(iii) strategic gas infrastructure development;

(iv) Chapter 4 maritime development;

(v) Chapter 4 local authority development;

(vi) Chapter 4 State authority development;

“Chapter 4 local authority development” means local authority development in respect of which an environmental impact assessment or appropriate assessment is required;

“Chapter 4 maritime development” means—

(a) development situated wholly in the outer maritime area,

(b) development situated partly in the outer maritime area and partly in—

(i) the nearshore area of a coastal planning authority, or

(ii) the nearshore areas of more than one coastal planning authority,

(i) partly in the outer maritime area,

(ii) partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

and

(iii) partly on land,

(d) development situated partly in the outer maritime area and partly on land,

(e) development situated—

(i) wholly in the nearshore areas of more than one coastal planning authority, or

(ii) partly on land and partly in the nearshore areas of more than one coastal planning authority,

(f) development of a class specified in Schedule 2 situated—

(i) wholly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

(ii) partly on land and partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority, but does not include—

(A) development in accordance with a permission under Part III of the Act of 2000 (whether or not granted before the repeal of Part XV of the Act of 2000) that, immediately before the repeal of Part XV of the Act of 2000, was required in accordance with section 225 of the Act of 2000,

(B) development in accordance with an approval under section 226 of the Act of 2000 (whether or not granted before the repeal of the said Part XV),

(C) development consisting of the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or

(D) the deposit of any material in accordance with a consent referred to in section 13 of the Act of 1933;

“Chapter 4 PAC notification” has the meaning assigned by subsection (7) of section 116 ;

“Chapter 4 State authority development” means—

(a) State authority prescribed development in respect of which an appropriate assessment or environmental impact assessment is required,

(b) Chapter 4 State authority emergency development, or

“Chapter 4 State authority emergency development” has the meaning assigned to it by subsection (3) of section 155 ;

“Chapter 6 State authority development” means—

(a) State authority prescribed development that does not require appropriate assessment or environmental impact assessment, or

(b) Chapter 6 State authority emergency development;

“Chapter 6 State authority emergency development” has the meaning assigned to it by subsection (1) of section 155 ;

“electricity transmission infrastructure development” means—

(a) development consisting of infrastructure for transmission within the meaning of Directive (EU) 2019/944/EC of the European Parliament and of the Council of 5 June 2019¹⁰ on common rules for the internal market for electricity and amending Directive 2012/27/EU, or

(b) development for the purposes of such transmission,

and includes an interconnector within such meaning;

“gross floor space” means, in relation to a building or part of a building, the area ascertained by the internal measurement of the floor space on each floor of the building or part of the building (including internal walls and partitions), disregarding any floor space provided for—

(a) the parking of vehicles by persons—

(i) occupying or using the building or part of the building, or

(ii) for a purpose incidental to the primary purpose of the building or part of the building,

and

(b) in relation to applications for permission for large-scale residential development, ancillary residential services including gyms and child-care facilities;

“inspector” means a person assigned to report on an application, request, referral or appeal under this Part on behalf of the Commission under section 376 ;

“large-scale residential development” means development (wholly outside a strategic development zone, wholly outside an urban development zone and wholly outside a candidate UDZ) consisting of—

(a) not less than 100 housing units,

(b) student accommodation that contains not less than 200 bed spaces,

(d) student accommodation that contains not less than 200 bed spaces, and housing units,

provided that—

(i) in the case of development referred to in paragraph (a), the gross floor space of the buildings comprising the housing units is not less than 70 per cent (or such other percentage as may be prescribed) of the gross floor space of the buildings comprising the development,

(ii) in the case of development referred to in paragraph (b), the gross floor space of the student accommodation is not less than 70 per cent (or such other percentage as may be prescribed) of the gross floor space of the buildings comprising the development, and

(iii) in the case of development referred to in paragraph (c) or (d), the gross floor space of the buildings comprising the housing units and the student accommodation is not less than 70 per cent (or such other percentage as may be prescribed) of the gross floor space of the buildings comprising the development;

“local authority development” means development by or on behalf of, or carried out jointly with, a local authority;

“LRD” means large-scale residential development;

“LRD appeal” means an appeal under section 103 of a decision of a planning authority that relates to an application for permission for large-scale residential development;

“LRD applicant” means an applicant for permission for large-scale residential development;

“LRD meeting” has the meaning assigned to it by section 91 ;

“LRD opinion” has the meaning assigned to it by section 92 ;

“proposed application” means a proposed application for—

(a) permission for development, or

(b) retention permission,

under Chapter 3 or 4 that is the subject of a pre-application consultation under section 90 or section 116 ;

“proposed development” means—

(a) development that is the subject of—

(i) an application (other than an application for retention permission) under Chapter 3 or 4, or

(ii) a pre-application consultation,

(b) development that is the subject of a request or proposed request under Chapter 5, or

“proposed request” means a request for an alteration to, or extension of, a permission under Chapter 5 that is the subject of a pre-application consultation under section 139 ;

“prospective LRD applicant” has the meaning given to it by section 89 ;

“standard development” means any development other than Chapter 4 development;

“State authority development” means development by or on behalf of, or carried out jointly with, a State authority;

“State authority prescribed development” means State authority development—

(a) prescribed under section 154 , or

(b) of a class prescribed under that section;

“State authority urgent development” has the meaning assigned to it by section 157 ;

“strategic downstream gas pipeline” means a gas pipeline (other than an upstream gas pipeline) that—

(a) is designed to operate at 16 bar or greater, and

(b) is longer than 20 kilometres;

“strategic gas infrastructure development” means a development comprising, or for the purposes of—

(a) a strategic downstream gas pipeline or a strategic upstream gas pipeline, and associated terminals, buildings and installations, whether above or below ground, including any associated discharge pipe,

(b) an industrial installation used for—

(i) the carriage of gas, steam or hot water with a potential heat output of not less than 300 megawatts, or

(ii) the transmission of electrical energy via overhead cables, the voltage of which would not be less than 220 kilovolts,

but does not include electricity transmission infrastructure development or proposed electricity transmission infrastructure development,

(c) an installation used for surface storage of natural gas, the storage capacity of which would exceed one million cubic metres,

(d) an installation used for underground storage of combustible gases, the storage capacity of which would exceed one million cubic metres,

(e) a terminal, building or installation (whether above or below ground or, in circumstances where it is situated in the maritime area, whether above or below the seabed),

(f) a terminal, building or installation (whether above or below ground or, in circumstances where it is situated in the maritime area, whether above or below the seabed) associated with—

(i) a terminal used for the liquefaction of natural gas or the importation, offloading and re-gasification of liquefied natural gas, or

(ii) the provision of services ancillary thereto,

(g) a terminal, building or installation ancillary to a natural gas storage facility (either above or below the surface of the water or seabed), the storage capacity of which would exceed 1 mscm, or

(h) a terminal, building or installation ancillary to a terminal that is used for the liquefaction of natural gas or the importation, offloading and re-gasification of liquefied natural gas, and ancillary services,

(i) an installation for the storage of—

(i) natural gas, where the storage capacity would exceed 200 tonnes,

(ii) combustible gases, where the storage capacity would exceed 200 tonnes, or

(iii) oil or coal, where the storage capacity would exceed 100,000 tonnes,

and

(j) an installation used—

(i) for the injection of natural gas, biomethane, hydrogen or other renewable gas directly into the transmission system, or

(ii) for the provision of services ancillary thereto;

“strategic infrastructure development” means a development specified in Schedule 1 ;

“strategic upstream gas pipeline” means such part of a gas pipeline operated or constructed—

(a) as part of a gas production project, or

(b) for the purpose of conveying unprocessed natural gas from one, or more than one, such project to a processing plant or terminal or final coastal landing terminal,

as is situated in the functional area of a planning authority or the functional areas of more than one planning authority.

(2) For the purposes of this Part, each of the following shall be treated as being a party to an appeal to the Commission from a decision of a planning authority under this Part:

(a) the planning authority;

(b) the appellant in the appeal;

Obligation to seek permission for development

83. (1) Permission shall be required under this Part for—

(a) any development other than—

(i) exempted development,

(ii) Chapter 6 State authority development,

(iii) development required by—

(I) a notice under section 339 ,

(II) an order under section 341 ,

(III) an enforcement notice under section 350 , or

(IV) a planning injunction under section 351 ,

(iv) development in respect of which a licence under section 13 has been granted or is required,

(v) maritime development consisting of electricity transmission infrastructure in respect of which a licence under section 3 of the Act of 1933 was granted on or before 31 December 2023, provided that—

(I) neither an environmental impact assessment nor an appropriate assessment was required, or

(II) where either an environmental impact assessment or an appropriate assessment was required, that assessment was carried out before the grant of the licence,

(vi) maritime development (other than maritime development referred to in subparagraph (v)) in respect of which a lease under section 2 of the Act of 1933, or a licence under section 3 of that Act, was granted during the period commencing on 1 October 2017 and expiring on 31 December 2023, provided that—

(I) neither an appropriate assessment nor an environmental impact assessment was required or, where either an appropriate assessment or an environmental impact assessment was required, that assessment was carried out before the making of the lease or grant of the licence, as the case may be,

(II) permission under Part III of the Act of 2000 was not required, and

(III) the development is completed before 31 December 2028,

and

(b) retention of unauthorised development.

(2) A person shall not carry out any development for which permission is required under subsection (1) except under and in accordance with a permission.

(3) A person shall not be entitled solely by reason of a permission under this Part or an exemption conferred by this Act to carry out any development.

Application for permission

84. (1) An application for permission for—

(a) standard development, or

(b) retention of standard development that is unauthorised development,

shall be made to the relevant planning authority in accordance with Chapter 3.

(2) An application for permission for Chapter 4 development shall be made to the Commission in accordance with Chapter 4.

(3) A request for the material alteration of a permission under Chapter 5 shall be made to the deciding authority within the meaning of that Chapter.

(4) If a person proposes to carry out development in the nearshore area consisting of the reclamation of land and the carrying out of other works on the reclaimed land, the person shall not be required to make more than one application for permission for the development.

(5) In this section “relevant planning authority” means—

(a) the planning authority within whose functional area the development or proposed development is or is proposed to be carried out, or

(b) in relation to development or proposed development that is or is proposed to be carried out in the functional areas of more than one planning authority, each of those planning authorities.

Eligibility to make application

85. (1) A person shall not be eligible to make an application for permission for land-based development under Chapter 3 or 4, unless that person—

(a) is the owner of the land on which the development is situated or proposed to be situated,

(b) is a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the land on which the development is situated or proposed to be situated,

(c) has a power conferred, or an obligation imposed, by statute to carry out the development concerned whether or not any preconditions to the exercise of that power have been satisfied,

(d) has a power conferred by statute to acquire land compulsorily for the purposes of the development concerned whether or not any preconditions to the exercise of that power have been satisfied, or

(e) makes the application with the consent in writing, or on behalf, of—

(i) the owner of the land on which the development is situated or proposed to be situated,

(ii) a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the land on which the development is situated or proposed to be situated, or

(iii) a person who has a power, or who is under an obligation, referred to in paragraph (c) or (d).

(2) Subject to section 174 , a person shall not be eligible to make an application for permission for maritime development under Chapter 3 or 4, unless that person—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(ii) a licence granted under section 3 of the Act of 1933 in relation to a part of the foreshore that consists of, or includes, the maritime site on which the development is situated or proposed to be situated,

(b) is the owner of the maritime site on which the development is situated or proposed to be situated,

(c) is a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the maritime site on which the development is situated or proposed to be situated,

(d) is the lessee under a lease under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which the development is situated or proposed to be situated,

(e) has a power conferred by statute to acquire a maritime site compulsorily for the purposes of the development concerned whether or not any preconditions to the exercise of that power have been satisfied, or

(f) makes the application with the consent in writing, or on behalf, of—

(i) the owner of the maritime site on which the development is situated or proposed to be situated, or

(ii) a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the maritime site on which the development is situated or proposed to be situated.

(3) (a) A person shall not be entitled to question or challenge the eligibility under this section of a person to make an application for permission for land-based development under Chapter 3 or 4 in a submission under this Act or in any proceedings before a court, unless that person is an interested person.

(b) In this subsection “interested person” means, in relation to an application for permission for land-based development under Chapter 3 or 4—

(i) the planning authority to whom the application is made,

(ii) the Commission,

(iii) the owner of the land to which the application relates, or

(iv) a person who has a legal or beneficial interest in the land to which the application relates.

(4) (a) A person shall not be entitled to question or challenge the eligibility under this section of a person to make an application for permission for maritime development under Chapter 3 or 4 in a submission under this Act or in any proceedings before a court, unless that person is an interested person.

(b) In this subsection “interested person” means, in relation to an application for permission for maritime development under Chapter 3 or 4—

(i) the planning authority to whom the application is made,

(ii) the Commission,

(iii) the Maritime Area Regulatory Authority,

(iv) the owner of land to which the application relates, or

(v) a person who has a legal or beneficial interest in the maritime site to which the application relates.

Chapter 2

Obligations on Planning Authority and Commission

Matters to which planning authority and Commission shall have regard

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.

Conditions that may be attached to permission granted under Part

87. (1) A planning authority or the Commission may attach such conditions as it considers appropriate to—

(a) a permission granted by it under this Part, or

(b) a grant by it under Chapter 5 of a material alteration to a permission.

(2) Without prejudice to the generality of subsection (1), the planning authority or the Commission, as the case may be, shall attach to—

(a) a permission, or

(b) an alteration to, or extension of duration of, a permission,

such conditions as are attached to a grant of permission under paragraph (c) of subsection (6) of section 217 or subsection (6) of section 236 .

(3) Without prejudice to the generality of subsection (1), a planning authority or the Commission may attach any one or more of the following conditions to a grant of permission:

(a) conditions regulating the development or use of any land or maritime site that—

(i) adjoins, abuts or is adjacent to the land or maritime site to be developed, and

(ii) is under the control of the applicant,

provided that the planning authority is satisfied that the imposition of such conditions is expedient—

(I) having regard to the development authorised by the permission, or

(II) for the purposes of or in connection with the conservation of any public amenity on any land or maritime site referred to in subparagraph (i) and appropriate for the management of the development concerned;

(b) conditions requiring the carrying out of works (including the provision of facilities) that are required for the purposes of the development authorised by the permission;

(i) the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission that might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in that neighbourhood,

(ii) the intrusion of any noise or vibration that might give reasonable cause for annoyance to any person lawfully occupying a structure or site, or

(iii) emissions to air, water or land during the construction or operation of the development that might give rise to adverse effects on the environment;

(d) conditions requiring provision of open spaces;

(e) conditions requiring the planting, maintenance and replacement of trees, shrubs or other plants or the landscaping of structures or other land;

(f) where the development includes the construction of not less than 2 housing units, conditions for requiring the satisfactory completion within a specified period (which shall not be less than 2 years from the commencement of any works) of the proposed development (including any roads, open spaces, car parks, sewers, water mains or drains or other public facilities);

(g) conditions requiring the giving and maintaining of adequate security for satisfactory completion of the proposed development;

(h) conditions determining the sequencing of works and the period within which works shall be carried out;

(i) conditions for the maintenance or management of the proposed development, which may include a requirement to—

(i) form a company within the meaning of the Companies Act 2014 ,

(ii) form an owners’ management company within the meaning of the Multi-Unit Developments Act 2011 , or

(iii) appoint a person or persons, to carry out such maintenance or management;

(j) conditions for the maintenance, until taken in charge by the local authority concerned, of roads, open spaces, car parks and other public facilities or, where there is an agreement with the local authority in relation to such maintenance, conditions for maintenance in accordance with the agreement;

(k) conditions for the maintenance, until taken in charge by Uisce Éireann, of sewers, watermains or drains or, where there is an agreement with Uisce Éireann in relation to such maintenance, conditions for maintenance in accordance with the agreement;

(l) conditions requiring the provision of such facilities for the collection or storage of recyclable materials for the purposes of the proposed development;

(m) conditions requiring construction and demolition waste to be recovered or disposed of in such manner and to such extent as may be specified by the planning authority;

(n) conditions requiring the provision of roads (including traffic calming measures), open spaces, car parking and storage spaces, sewers, watermains or drains, facilities for the collection or storage of recyclable materials and other public facilities in excess of the immediate needs of the proposed development, subject to the local authority or Uisce Éireann, as may be appropriate, paying for the cost of the additional works and taking them in charge or otherwise entering into an agreement with the applicant with respect to the provision of those public facilities;

(o) conditions requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land or maritime site so authorised, upon the expiration of a specified period, and the carrying out of any works required for the re-instatement of the land or maritime site at the expiration of that period;

(p) conditions in relation to appropriate naming and numbering of, and the provision of appropriate signage for, the proposed development;

(q) conditions requiring, in any case in which the development authorised by the permission would remove or alter any protected structure or any element of a protected structure that contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest—

(i) the preservation by a written and visual record (which may include measured architectural drawings, colour photographs or audio-visual aids, as considered appropriate) of that structure or element before the development authorised by the permission takes place, and

(ii) where appropriate, the architectural salvaging of any element, or the reinstatement of any element in a manner specified;

(r) conditions requiring, and relating to, the maintenance or management of the proposed development;

(s) conditions regulating the hours and days during which a business premises may operate;

(t) conditions requiring the applicant to submit information to a planning authority, the Commission or any other local or state authority, as the planning authority or the Commission may specify, before commencing development;

(u) conditions relating to the protection, preservation, archaeological excavation or recording of places, caves, sites, features, wrecks or objects of archaeological, geological, historical, scientific or ecological interest, whether situated on land or underwater.

(4) Without prejudice to the generality of subsection (1), a planning authority or the Commission may, in addition to any condition that it may or is required to attach to a permission in accordance with any other provision of this section, attach any one or more of the following conditions to a permission for maritime development under this Part:

(a) conditions requiring the recording, archaeological excavation or carrying out of works for the protection or preservation of—

(i) any site of archaeological interest,

(ii) any wreck within the meaning of the National Monuments (Amendment) Act 1987 , or

(iii) any wreck within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 ;

(b) conditions requiring the carrying out of such works as the coastal planning authority may specify for the purposes of the development;

(c) for the purpose of ensuring compliance with the terms of the maritime area consent granted for the occupation of the maritime site concerned, conditions regulating the development or use of any part of the maritime area that adjoins that maritime site;

(d) conditions requiring—

(i) the provision, protection or maintenance of access to the maritime area and land adjoining the maritime area by members of the public or members of a class of the public, or

(ii) the carrying out of works for the purpose of such provision, protection or maintenance;

(e) conditions aimed at protecting rights to navigate in the maritime area;

(f) conditions aimed at protecting rights to fish in the maritime area;

(g) conditions for, or in connection with—

(i) the protection of the marine environment (including the protection of fisheries),

(ii) the safety of navigation, or

(iii) the protection of underwater cables, wires, pipelines or other similar apparatus used for the purpose of—

(I) transmitting electricity or telecommunications signals, or

(II) carrying gas, petroleum, oil or water;

(h) conditions requiring, and relating to—

(i) the provision to the coastal planning authority concerned, and

(ii) maintenance,

of adequate financial security for the purpose of ensuring the satisfactory completion of the proposed development;

(i) conditions requiring the person to whom the permission is granted to submit such information, as may be specified by the planning authority or the Commission, to the planning authority, the Commission, the Maritime Area Regulatory Authority or a public body prior to commencement of the development concerned.

(5) A planning authority or the Commission, as may be appropriate, may, in addition to any condition that it may or is required to attach to a permission in accordance with any other provision of this section, attach to the permission—

(a) a condition requiring—

(i) the construction, or the financing (in whole or in part) of the construction, of a facility in the area in which the development was carried out or is proposed to be carried out that, in the opinion of the planning authority or the Commission, as the case may be, would provide a substantial gain to the community, or

(ii) the provision, or the financing (in whole or in part) of the provision, of a service in the area in which the development was carried out or is proposed to be carried out that, in the opinion of the planning authority or the Commission, as the case may be, would provide a substantial gain to the community,

and

(b) conditions requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the functional area of any planning authority in which the development concerned is (in whole or in part) situated or proposed to be situated.

(6) A condition attached to a permission in accordance with paragraph (a) of subsection (5) shall not require such an amount of financial resources to be committed for the purposes of compliance with the condition as would substantially deprive the person in whose favour the permission operates of the benefits likely to accrue from the grant of the permission.

(7) Notwithstanding subsection (1), where a planning authority or the Commission decides to grant permission under this Part for development that consists, or is for the purpose, of an activity for which—

(a) an industrial emissions licence,

(b) an integrated pollution control licence,

(d) a waste water discharge licence,

is required, it shall not attach conditions to that permission that would be for the purpose of—

(i) controlling, preventing or limiting emissions resulting from the activity, or

(ii) controlling, preventing or limiting emissions related to, or consequential on, the cessation of the activity.

(8) Notwithstanding subsection (1), where a planning authority or the Commission decides to grant permission under this Part for development that consists, or is for the purpose, of an activity for which an abstraction licence is required, it shall not attach conditions to that permission that would be for the purpose of controlling, preventing or limiting the abstraction concerned.

(9) (a) A planning authority or the Commission may, in addition to any condition that it may or is required to attach to a permission in accordance with any other provision of this section, attach to that permission a condition that the person who carries out the development agree points of detail relating to compliance with the permission—

(i) in the case of development or part of a development that is proposed to be situated on land, with the planning authority in whose functional area the development is proposed to be so situated,

(ii) in the case of development or part of a development that is proposed to be situated in the nearshore area of a coastal planning authority, with that coastal planning authority, and

(iii) in the case of development or part of a development that is proposed to be situated in the outer maritime area, with the Commission.

(b) A condition imposed under paragraph (a) shall—

(i) provide that the agreement be recorded in writing, and

(ii) specify the date, or point in the carrying out of the development, by which the agreement shall be made.

(10) (a) Where the person carrying out the development has submitted to the planning authority points of detail to be agreed with the planning authority in accordance with a condition under subparagraph (i) or (ii) of paragraph (a) of subsection (9), the planning authority shall, not later than 8 weeks (or such longer period as may be agreed in writing by the planning authority with that person) from the submission of those points of detail, either—

(i) reach agreement with that person on those points, or

(ii) where the planning authority and that person cannot reach such agreement, either—

(I) inform that person in writing that it considers that such agreement cannot be reached, or

(II) refer the matter to the Commission for its determination.

(b) Where, in accordance with clause (I) of subparagraph (ii) of paragraph (a), a planning authority informs the person concerned that it considers that agreement cannot be reached on points of detail in relation to a permission, the person may, not later than 4 weeks from his or her being so informed, refer the matter to the Commission for its determination and the Commission shall determine the matter.

(11) Where no agreement is reached under subsection (10) or the matter is not referred to the Commission within the period specified in subsection (10), or such longer period as may have been agreed, the planning authority shall be deemed not to have agreed to the points of detail as submitted.

(12) Where the person carrying out the development has submitted to the Commission points of detail to be agreed with the Commission in accordance with a condition under subparagraph (iii) of paragraph (a) of subsection (9), the Commission shall, not later than 8 weeks (or such longer period as may be agreed in writing by the Commission with that person) from the submission of those points of detail, either—

(a) reach agreement with that person on those points, or

(b) where the Commission and that person cannot reach such agreement, determine the matter.

(13) Where no agreement is reached and the Commission has not determined the matter within the period of 4 weeks from the expiration of the period referred to in subsection (12), the Commission shall be deemed to have agreed the points of detail as submitted by the person carrying out the development.

Chapter 3

Standard Development

General

88. (1) An application for permission for standard development shall be made in accordance with this Part.

(2) Applications for permission and requests for consultations and LRD meetings under this Chapter shall be made to the planning authority or planning authorities within whose functional area or functional areas it is proposed to carry out the development or any part of the development.

(3) Where development or proposed development is situated or proposed to be situated within the functional areas of more than one planning authority, thereby requiring that an application for permission in respect of the development or proposed development be made to each such planning authority, the planning authorities concerned shall co operate in considering and determining each such application and in carrying out any consultation or convening any LRD meeting in relation thereto.

(4) The Minister may make regulations for the purposes of subsection (3).

Pre-application consultation required for certain developments

89. (1) Subject to subsection (2), a person shall not apply for permission under this Chapter for—

(a) development consisting of not less than 10 housing units,

(b) development consisting of student accommodation containing not less than 200 bed spaces,

(d) such other development as may be prescribed,

unless in relation to the proposed development—

(i) he or she first requests a consultation under section 90 ,

(ii) in a case where the planning authority complies with paragraph (a) of subsection (3) of section 90 , he or she participated in at least one consultation meeting under that section,

(iii) a certificate referred to in subsection (9) of section 90 was given to him or her, or

(iv) he or she makes the application with the written consent, or on behalf, of a person who—

(I) has complied with paragraph (i) or (ii), or

(II) is the holder of such a certificate.

(2) A person (in this Chapter referred to as a “prospective LRD applicant”) shall not apply for permission for large-scale residential development—

(a) unless, in relation to the proposed development, he or she—

(i) obtains an LRD opinion under section 92 in relation to the proposed development within the period of 6 months before he or she makes the application for permission,

(ii) obtains a certificate referred to in subsection (9) of section 90 in relation to the proposed development within the period of 6 months before he or she makes the application for permission, or

(iii) makes the application with the written consent, or on behalf, of a person who has complied with subparagraph (i) or (ii),

and

(b) unless the land on which the proposed development is to be carried out is zoned to allow such development to be carried out thereon.

(3) In this section “proposed development” means—

(a) in relation to an application for permission referred to in subsection (1), development that is not materially different from development in respect of which a request for consultation under section 90 was made, and

(b) in relation to an application for permission referred to in subsection (2), development that is not materially different from development in respect of which an LRD opinion was obtained under section 92 .

Pre-application consultation

90. (1) (a) Any person (in this section referred to as a “prospective applicant”) who is eligible to apply for permission, and intends to apply for permission, for standard development may, prior to the making of an application for such permission, request a consultation meeting with the planning authority under this section.

(b) Any person (in this section also referred to as a “prospective applicant”) who is of a class prescribed by the Minister may request a consultation meeting with the planning authority under this section.

(2) A request under this section shall be accompanied by—

(a) sufficient information to allow the planning authority to carry out its functions under this section, and

(b) any documentation or information as may be prescribed.

(3) Where a request is made under this section and is accompanied by the required documentation and information in accordance with subsection (2), the planning authority shall hold a consultation meeting—

(a) in the case of development to which subsection (1) of section 89 applies, within 4 weeks from the date of the request, or

(b) in the case of any other development, as soon as is practicable.

(4) Where a request under this section is made and, on the expiration of the period specified in paragraph (a) of subsection (3), a consultation meeting has not taken place—

(a) the prospective applicant may make an application under section 95 for permission for the development to which the request relates provided that the request does not relate to proposed large-scale residential development, or

(b) the planning authority shall, where the request relates to proposed large-scale residential development, proceed to convene the consultation meeting as soon as practicable and provide the applicant with a written explanation as to why the consultation meeting did not take place within the period referred to in paragraph (a) of subsection (3).

(5) The holding of a consultation meeting under this section after the period referred to in paragraph (a) of subsection (3) shall not invalidate any steps taken by the planning authority.

(6) A planning authority may, for the purposes of the consultation meeting in relation to a proposed development, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the meeting.

(7) For the purposes of a consultation meeting under this section in relation to proposed development at the airport, a planning authority shall—

(a) consult with the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019 ), and

(b) upon the request of that competent authority—

(i) facilitate that competent authority’s engagement in the consultation meeting, and

(ii) require the prospective applicant to furnish to the planning authority any specified types of drawings, plans, documents or other information in relation to that request as the competent authority may specify.

(8) For the purposes of a consultation meeting under this section, a planning authority—

(a) shall advise the prospective applicant of the procedures that apply to the consideration of a planning application by a planning authority,

(b) shall, as far as possible, indicate—

(i) the relevant objectives of the development plan and any applicable urban area plan, priority area plan or coordinated area plan, or

(ii) in the case of proposed maritime development, the relevant objectives of the National Marine Planning Framework,

that are likely to have a bearing on the decision of the planning authority,

(i) to the environment,

(ii) to proper planning and sustainable development, or

(iii) in the case of proposed maritime development, to maritime spatial planning,

that, in the opinion of the planning authority, are likely to have a bearing on the decision of the planning authority, and

(d) may, on the request of the prospective applicant, advise him or her as to the type of documents that may be required to be submitted with the proposed application.

(9) (a) Where a planning authority receives a request under this section in relation to a proposed development that includes permitted development, and the planning authority is satisfied that—

(i) the proposed development is substantially the same as the permitted development, and

(ii) the nature, scale and effect of any difference between the permitted development and the proposed development would not require the holding of any further consultation,

the planning authority may determine that further consultation is not required under this section in relation to the proposed development, and where it so determines, it shall provide a certificate to that effect in writing to the person who made the request.

(b) In this subsection “permitted development” means such part of a proposed development as is the subject of—

(i) a permission granted under this Chapter for large-scale residential development,

(ii) a permission granted under the Act of 2000 for large-scale residential development within the meaning of that Act, or

(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 .

(10) A written confirmation provided under subsection (7) of section 247 of the Act of 2000 shall, on and after the repeal of that subsection by section 6 , be deemed to be a certificate provided under subsection (9).

LRD meeting

91. (1) A prospective LRD applicant may, after having consulted with the planning authority in accordance with section 90 , request a meeting (in this Part referred to as an “LRD meeting”) with that planning authority.

(2) A request under subsection (1) of section 93 may be included in a request under subsection (1).

(3) A request under subsection (1) shall be in writing and shall be accompanied by such information and documentation as may be prescribed.

(4) If a request under subsection (1) of section 93 is included in the request under subsection (1), the prospective LRD applicant shall, in addition to complying with subsection (3), comply with subsection (2) of the said section 93 .

(5) The planning authority may, prior to the LRD meeting, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the LRD meeting.

(6) Where a prospective LRD applicant submits a request in accordance with subsection (1), the planning authority shall convene an LRD meeting which shall take place within the period of 4 weeks from the date on which the planning authority receives the request.

(7) Where a request under subsection (1) of section 93 is included in a request under subsection (1), the LRD meeting shall be treated as having been convened for the purpose of that section and section 94 (as well as for the purpose of this section and section 92 ), and accordingly the planning authority shall—

(a) in relation to the first-mentioned request, perform the functions conferred on it by sections 93 (other than subsections (4) and (7)) and 94 , and

(b) in relation to the second-mentioned request, perform the functions conferred on it by this section and section 92 .

(8) The following persons only shall be permitted to attend a meeting convened under subsection (6):

(a) the planning authority;

(b) the prospective LRD applicant; and

(c) any person nominated by the prospective LRD applicant for the purpose of advising or representing him or her at the meeting.

(9) The planning authority shall ensure that any members of staff of the planning authority concerned attending the LRD meeting have a sufficient knowledge and expertise in relation to the matter to which the meeting relates.

(10) Where the LRD meeting does not take place before the expiry of the period specified in subsection (6), the planning authority shall—

(a) convene the LRD meeting as soon as practicable thereafter, and

(b) provide the prospective LRD applicant with an explanation in writing of the reason why the LRD meeting did not take place within that period.

(11) The failure of a planning authority to comply with subsection (6) within the period specified therein shall not invalidate any act done by the planning authority.

LRD opinion

92. (1) The planning authority shall, within the period of 4 weeks from the date on which the LRD meeting takes place, provide an opinion (referred to in this Chapter as an “LRD opinion”) to the prospective LRD applicant as to whether or not it considers that the documents submitted for the purposes of the meeting constitute a reasonable basis on which to make an application for permission for the proposed LRD.

(2) Where the opinion of the planning authority is that the documents submitted for the purposes of the meeting do not constitute a reasonable basis on which to make an application for permission for the proposed LRD, it shall specify in the LRD opinion—

(a) the extent to which the documents submitted do not constitute a reasonable basis on which to make the application, and

(b) any issues that, if dealt with by the relevant documents, could result in the documents constituting a reasonable basis on which to make the application.

(3) Where the planning authority fails to provide an LRD opinion within the period referred to in subsection (1), the planning authority shall provide the applicant with a written explanation of the reason for the failure and provide that opinion as soon as practicable after the expiration of that period.

(4) An LRD opinion provided by a planning authority under subsection (1) shall be published and made available to the public, in such manner as may be prescribed, not later than 3 days from the day on which the planning authority receives an application for permission for the development to which the opinion relates.

(5) The failure by a planning authority to comply with this section within the period referred to in subsection (1) shall not invalidate any steps taken by the planning authority.

(6) An LRD opinion provided under section 32D of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be an LRD opinion provided under this section.

(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6 , each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.

Request for meeting where certain aspects of proposed development not confirmed

93. (1) Where a person (in this section referred to as a “prospective applicant”) proposes to make an application for permission for development under this Chapter but not all aspects of the development are likely to be confirmed by the date of the application, he or she may, before making the application, request a meeting with the planning authority in whose functional area the development concerned is proposed to be situated.

(2) (a) A request under subsection (1) shall—

(i) be in writing,

(ii) include a description of—

(I) the aspects, or aspects falling within a specified category, of the proposed development that are not likely to be confirmed by the time the application is made, and

(II) the circumstances that would justify the making of the application before the confirmation of those aspects,

(iii) include such other information as may be prescribed,

(iv) be accompanied by an undertaking in writing given by the prospective applicant that, in relation to each aspect or category referred to in clause (I) of subparagraph (ii), he or she will include with any such application—

(I) a description of not less than 2 approaches, or

(II) a statement of the range within which each such aspect or category (being an aspect or category in respect of which the prospective applicant has elected not to comply with clause (I)) falls,

and

(v) be accompanied by such fee as may be prescribed.

(b) Without prejudice to the generality of clause (II) of subparagraph (ii) of paragraph (a), circumstances referred to in that clause may include—

(i) the unavailability, at the time that the prospective applicant intends to make the application, of technology that is likely to become available before the commencement of the part of the proposed development to which the aspect concerned relates, and

(ii) circumstances relating to any particular class of development as may be prescribed.

(3) A planning authority that receives a request under subsection (1) may, before a meeting under this section takes place, consult with any person who may, in the opinion of the planning authority, have information that is relevant to the subject matter of the meeting, and the planning authority shall prepare a record in writing of the consultation and keep that record with the documentation relating to any subsequent application for permission for the proposed development concerned.

(4) A planning authority shall, upon receiving a request under subsection (1), convene a meeting (which shall take place not later than 4 weeks from the date on which the request was received by the planning authority) with the prospective applicant.

(5) The following persons shall be permitted to attend a meeting convened in accordance with subsection (4):

(a) the planning authority;

(b) the prospective applicant; and

(c) any person or persons nominated by the prospective applicant for the purpose of advising or representing him or her at the meeting.

(6) The planning authority shall ensure that any members of staff of the planning authority attending the meeting have a sufficient knowledge and expertise in relation to the matters to which the meeting relates.

(7) Where a meeting referred to in subsection (4) does not take place within the period specified in that subsection, the planning authority shall—

(a) convene such meeting as soon as practicable thereafter, and

(b) provide the prospective applicant with an explanation in writing of the reason for the failure to convene a meeting within that period.

(8) The planning authority shall keep—

(a) a request under this section,

(b) all documents included with or accompanying that request in accordance with subsection (2), and

with the documentation relating to any subsequent application for permission for the proposed development concerned.

(9) A request, document or record kept in accordance with subsection (8) shall be published and made available to the public, in such manner as may be prescribed, not later than 3 days from the day on which the planning authority receives an application for permission for the proposed development concerned.

(10) The failure by a planning authority to comply with subsection (4) within the period specified therein shall not invalidate any act done by the planning authority.

Opinion with regard to making of application where certain aspects of proposed development not confirmed

94. (1) The planning authority shall, not later than 4 weeks from the date on which the meeting convened under subsection (4) of section 93 takes place, consider the description and information included in the request under that section, the undertaking that accompanied that request and any information provided at the meeting and—

(a) if the planning authority is satisfied that it would be appropriate for the application referred to in subsection (1) of that section to be made before the confirmation of all aspects of the development concerned, it shall provide the prospective applicant (within the meaning of section 93 ) with an opinion to that effect, or

(b) if the planning authority is not so satisfied, it shall notify the prospective applicant (within the meaning of section 93 ) thereof in writing.

(2) An opinion under subsection (1) shall specify—

(a) the aspects of the proposed development that may be confirmed after the making of the application,

(b) the circumstances relating to the proposed development that justify the making of the application before the confirmation of those aspects, and

(c) that the application shall, in addition to any other requirement imposed by or under this Act, include the description or statement referred to in the undertaking given in accordance with subparagraph (iv) of paragraph (a) of subsection (2) of section 93 .

(3) An opinion under subsection (1) shall not be published unless and until a planning application for permission for the development concerned is made in accordance with this Chapter.

(4) Where the planning authority fails to comply with subsection (1) within the period specified therein, it shall perform the functions under that subsection as soon as practicable and provide the prospective applicant with an explanation in writing of the reason for the failure.

(5) The failure by a planning authority to comply with subsection (1) within the period specified therein shall not invalidate any act done by the planning authority.

(6) An opinion under subsection (2) of section 32I of the Act of 2000 shall operate as if it were an opinion under paragraph (a) of subsection (1).

(7) A notification under subsection (3) of section 32I of the Act of 2000 shall operate as if it were a notification under paragraph (b) of subsection (1).

Application for permission for standard development

95. (1) Before making an application for permission for standard development, the applicant shall, in addition to complying with paragraph (d) of subsection (1) of section 216 and subsection (3) of section 234 (where applicable), comply with such public notice requirements as may be prescribed.

(2) An application for permission for standard development shall be in such form, and be accompanied by such documentation, as may be prescribed.

(3) Where a planning authority receives an application for permission for large-scale residential development it shall, as soon as may be thereafter—

(a) make the application available for inspection by the elected members of the planning authority, and

(b) notify the elected members of the planning authority of—

(i) the making of the application,

(ii) the place where the application is so available, and

(iii) such other matters in relation to the application as may be prescribed.

(4) Within such period as may be prescribed after the receipt of an application under this section by a planning authority, the planning authority shall, if it is satisfied that the application was made in accordance with this section, section 89 (where applicable) and such regulations as are made for the purposes of this section, by notice in writing to the applicant—

(a) acknowledge receipt of the application, and

(b) confirm the date of receipt of the application.

(5) Subject to subsection (7), an application that is not in accordance with this section, section 89 (where applicable) or such regulations as are made for the purposes of this section shall be invalid.

(6) Following receipt by a planning authority of an application under this section for permission for land-based development, the planning authority shall, before the expiration of such period as may be prescribed, cause an inspection of the land on which it is proposed to carry out the development concerned to be carried out.

(7) Where the planning authority determines, following the carrying out of an inspection under subsection (6), or at any other time after the acknowledgment of receipt of a planning application under paragraph (a) of subsection (4) but before the planning authority makes a decision in relation to the application under section 98 , that the application was not made in accordance with this section, section 89 (where applicable) or regulations made for the purposes of this section, then—

(a) if it is satisfied that the failure to make the application in accordance with those enactments—

(i) has not resulted in any failure to comply with any requirement under this Act to give public notice of the application, and

(ii) has not otherwise materially affected the ability of the planning authority to determine the application, or carry out any appropriate assessment or environmental impact assessment in relation to the application,

it shall treat the application as valid, or

(b) if it is not satisfied with regard to the matters referred to in subparagraphs (i) and (ii) of paragraph (a), it shall treat the application as invalid and declare it to be so.

(8) (a) Notwithstanding subsection (7), where, any time after the acknowledgment of receipt of a planning application in accordance with paragraph (a) of subsection (4) but before the planning authority makes a decision in relation to the application under section 98 , the planning authority determines that—

(i) the development the subject of the application is not standard development, or

(ii) the applicant was not entitled to make the application in accordance with subsection (1) of section 89 or did not comply with subsection (2) of that section before making the application,

it shall declare the application invalid.

(b) Where, following a screening for appropriate assessment under section 212 , a planning authority makes a determination under that section, in relation to an application for retention permission, that the likelihood of the development concerned (either individually or in combination with any plan or other project within the meaning of the Habitats Directive) having significant effects on a European site cannot be excluded, it shall declare the application to be invalid.

(c) Where, following a screening for environmental impact assessment under section 229 , a planning authority makes a determination under that section in relation to an application for retention permission that an environmental impact assessment is required, it shall declare the application to be invalid.

(d) Where a planning authority declares an application invalid under this subsection, it shall, as soon as may be, inform the applicant by notice in writing that an application for permission for the proposed development cannot be made to the planning authority under this Chapter and specifying the Chapter of this Part, if any, under which an application for permission for the proposed development may be made.

(e) Paragraph (d) is in addition to, and not in substitution for, section 172 .

(9) The planning authority shall enter particulars of every application under this section in the register.

Outline permission

96. (1) An application under section 95 may be made to a planning authority for permission (in this section referred to as “outline permission”) for development consisting of not more than 4 housing units (other than a housing unit that is a protected structure).

(2) An outline permission shall not operate to authorise the carrying out of any development.

(3) An outline permission shall cease to have effect on the expiration of—

(a) 3 years, or

(b) such longer period (not exceeding 5 years) as may be specified by the planning authority,

from the date of the grant of outline permission.

(4) A planning authority shall not refuse to grant full permission for development in respect of which outline planning permission was granted on any ground that the planning authority decided was not a ground for refusal of the outline permission, provided that the planning authority is satisfied that the proposed development would not contravene the outline permission.

(5) An appeal under section 103 from a decision of a planning authority to grant full permission for development in respect of which outline permission was granted shall not be granted on any ground that the planning authority decided was not a ground for refusal of the outline permission.

(6) The period of duration of a full permission for development shall be deemed to have commenced on the date of the grant of the outline permission for that development.

(7) A planning authority shall not grant outline permission for development in respect of which an appropriate assessment or environmental impact assessment is required in accordance with Part 6 .

(8) A reference in this Chapter (other than sections 89 , 91 , 92 and 101 ) to permission includes a reference to outline permission.

(9) Regulations under subsection (2) of section 95 may prescribe different documentation for an application for outline permission and an application for full permission.

(10) Outline permission granted under section 36 of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be outline permission granted under this section, and accordingly this section (other than subsection (1)) shall apply in respect of that outline permission.

(11) In this section—

“full permission” means permission (other than outline permission) for development granted under section 98 upon an application under section 95 made before an outline permission granted for that development ceases to have effect;

“outline permission” means permission granted in principle under section 98 for development on land, subject to the making of a subsequent application for, and grant of, full permission for that development.

Procedural powers of planning authority

97. (1) Any person may, upon payment of the prescribed fee, make a submission in writing to a planning authority in relation to an application for permission for standard development in such manner and within such period as may be prescribed.

(2) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 and before determining any application for permission for standard development, a planning authority may, in such manner and within such period as may be prescribed, request the applicant to submit—

(a) further information to the planning authority, where in the opinion of the planning authority that information is necessary to enable it to determine the application, or

(b) revised particulars, plans or drawings in relation to the development or proposed development, where the planning authority is considering granting permission subject to the applicant complying with that request.

(3) Without prejudice to subsection (1) or (7) of section 235 , where the planning authority receives—

(a) a submission under subsection (1),

(b) further information or revised particulars, plans or drawings pursuant to a request under subsection (2), or

(c) submissions or further information under any other provision of this Act or regulations under this Act or pursuant to a request under any such provision,

that it considers contain or contains additional material information (including information in relation to the effect of the proposed development on a European site or otherwise on the environment), it shall—

(i) make that additional material information available to the public for inspection (to the extent that such information is not already available to the public) in such manner and within such period as may be prescribed, and

(ii) notify the applicant that the applicant is required to give notice (in such manner and within such period as may be prescribed) to the public—

(I) that the additional material information is available for inspection,

(II) of the address of the place where the additional information may be inspected, and

(III) that the public are entitled to make submissions in relation to the additional material information within such period as may be prescribed.

(4) (a) Where an applicant for permission fails to comply with a request under paragraph (a) of subsection (2) or a requirement in a notification under paragraph (a) of subsection (2) within such period as may be prescribed, the application for permission shall be deemed to have been withdrawn.

(b) Where an applicant for permission fails to comply with a request under paragraph (b) of subsection (2) within such period as may be prescribed, the planning authority may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) without further notice to the applicant, consider, and perform its functions in relation to, the application as if no such request had been made.

Decision in relation to standard planning application

98. (1) Subject to this Part and Part 6 , where an application for permission is made to a planning authority under this Chapter, the planning authority may decide to—

(a) grant the permission, subject to such conditions (if any) as may be imposed under section 87 ,

(b) grant the permission subject to—

(i) any modifications to the proposed development as it may specify, and

(ii) subject to such conditions (if any) as may be imposed under section 87 ,

(i) any modifications to that part as it may specify, and

(ii) subject to such conditions (if any) as may be imposed under section 87 ,

(d) refuse to grant the permission.

(2) A planning authority shall, in addition to any conditions that it may decide to attach to a grant of permission in accordance with subsection (1), attach the following conditions to a grant of permission under that subsection where the application for permission concerned is an application to which an opinion under section 94 applies:

(a) a condition requiring that each aspect of the proposed development concerned in respect of which confirmation has not yet been given to the planning authority—

(i) be limited to such proposed approaches as were included with the application for permission in accordance with the undertaking referred to in subparagraph (iv) of paragraph (a) of subsection (2) of section 93 , or

(ii) fall within such range specified in the statement included with the application for permission in accordance with the undertaking referred to in the said subparagraph (iv),

and

(b) a condition requiring the applicant for permission to inform the planning authority in writing of particulars of the aspect of the proposed development concerned (that has not yet been confirmed) before—

(i) the date of the commencement of the part of the proposed development to which that aspect relates, or

(ii) such earlier date as may be prescribed.

(3) When granting a permission under subsection (1) a planning authority shall comply with subsection (2) of section 87 (where applicable).

(4) Where a planning authority considers that the performance by it of functions under this section in relation to an application under section 95 has the potential to have a significant effect on the functional area of another planning authority, it shall, before making a decision under this section in relation to that application consult with, and have regard to the views expressed by, that other planning authority.

Application for permission for development in material contravention of development plan or National Marine Planning Framework

99. (1) (a) Where an application is made under section 95 for permission for land-based development or proposed land-based development that materially contravenes, or would materially contravene, the development plan for the functional area of the planning authority, the planning authority shall, subject to subsection (2), refuse permission under section 98 .

(b) Where an application is made under section 95 for permission for maritime development or proposed maritime development that materially contravenes, or would materially contravene, the National Marine Planning Framework, the planning authority shall, subject to subsection (2), refuse permission under section 98 .

(2) A planning authority may, by resolution (in this section referred to as a “material contravention resolution”) in accordance with this section passed by not less than three-quarters of the total number of the members of the planning authority following a proposal of the chief executive of the planning authority, decide to grant permission under section 98 for development or proposed development referred to in paragraph (a) or (b) of subsection (1) if—

(a) it considers that the grant of such permission is necessary or justified having regard—

(i) in the case of development or proposed development referred to in paragraph (a) or (b) of subsection (1), to proper planning and sustainable development, or

(ii) in the case of development or proposed development referred to in paragraph (b) of subsection (1), to the objectives of maritime spatial planning,

and

(b) in the case of development or proposed development referred to in paragraph (a) of subsection (1), the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Policies and Measures or regional spatial and economic strategy as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies,

and any such resolution passed without prior compliance with subsection (3) shall be invalid.

(3) A planning authority shall give notice, in such form and manner as may be prescribed, to the public and to such persons as may be prescribed of any motion for a material contravention resolution, and any person may, upon payment of a prescribed fee, make submissions in respect of such motion in such form and manner, and within such period, as may be prescribed.

(4) (a) Where a submission is received by the planning authority within the period prescribed for the purposes of subsection (3), the planning authority shall acknowledge that submission in writing and the chief executive shall have regard to that submission when preparing his or her report in accordance with paragraph (c).

(b) Where a submission is received by the planning authority after the expiration of the period prescribed for the purposes of subsection (3), the planning authority shall return that submission to the person who made it and notify the person that the submission cannot be considered by the planning authority.

(c) The chief executive shall, within such period as may be prescribed, prepare, and submit to the members of the planning authority, a report—

(i) stating the main reasons and considerations on which the motion to grant permission in material contravention of the development plan or National Marine Planning Framework, as the case may be, is based, including the main reasons for considering that granting the permission may be necessary or justified having regard to the proper planning and sustainable development of the area, or the objectives of maritime spatial planning, as appropriate,

(ii) summarising the issues raised in any submissions validly received, and

(iii) advising the members of his or her opinion regarding the compliance, or otherwise, of the development or proposed development with National Planning Statements or any relevant policies or objectives of the Government or Minister of the Government or with any regional spatial and economic strategy,

and that report shall be considered by the members before a material contravention resolution is passed.

(5) A material contravention resolution shall record that the members are satisfied that the development or proposed development is necessary or justified having regard to the proper planning and sustainable development of the area and, where the proposed development is or includes maritime development, objectives of maritime spatial planning.

(6) It shall be necessary for the passing of a material contravention resolution that the number of the members of the planning authority voting in favour of the resolution is not less than three-quarters of the total number of the members of the planning authority or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and the requirement of this paragraph is in addition to and not in substitution for any other requirement applying in relation to such a resolution.

(7) Where a material contravention resolution has been passed by a planning authority, the planning authority shall—

(a) send a copy of the notice under subsection (3) that relates to the resolution to the regional assembly for the area and the Office of the Planning Regulator,

(b) at the same time, inform the regional assembly for the area and the Office of the Planning Regulator in writing that the resolution was passed, and

Notification of decision of planning authority

100. (1) A planning authority shall, not later than 3 working days from its having made a decision under section 98 , give such notice as may be prescribed of that decision.

(2) (a) A notice under subsection (1) shall—

(i) state the main reasons and considerations on which the decision to which the notice relates is based,

(ii) where conditions are imposed in relation to the grant of any permission, state the main reasons for the imposition of any such conditions,

(iii) where the planning authority decides to grant a permission in accordance with section 99 , the main reasons and considerations for granting permission for development that materially contravenes the development plan, and

(iv) where the planning authority decides to grant permission upon an application that was accompanied by an environmental impact assessment report—

(I) state that the planning authority is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision to grant permission was made,

(II) include a summary of—

(A) the outcome of any consultations that took place for the purposes of the environmental impact assessment,

(B) the information collected for the purposes of the environmental impact assessment,

(D) the manner in which that outcome, that information and any such submissions were taken account of in the making of the decision.

(b) Where a decision under section 98 does not follow a recommendation in a report to the chief executive (or such other person delegated to make the decision) prepared in relation to the planning application concerned by a person duly authorised to prepare such report by the planning authority, a statement under paragraph (a) shall specify the main reasons for not following the recommendation.

(3) (a) Where—

(i) a planning authority decides to grant permission under section 98 ,

(ii) the decision concerned is not appealed under this Part, and

(iii) no application for leave to appeal the decision under this Part is made,

the planning authority shall grant the permission as soon as may be after the expiration of the period for the bringing of an appeal from the decision.

(b) Where—

(i) a planning authority decides to grant permission under section 98 ,

(ii) the decision is appealed under this Part or an application for leave to appeal the decision under this Part is made, and

(iii) the appeal or application for leave to appeal is withdrawn, or dismissed or refused by the Commission,

the planning authority shall grant the permission as soon as may be after the withdrawal, dismissal or refusal, and where more than one appeal under this Part from the decision is brought or more than one such application is made, the planning authority shall not grant the permission unless and until all such appeals or applications are so withdrawn, dismissed or refused.

(i) a planning authority decides to grant permission under section 98 , and

(ii) on appeal under this Part from the decision, the Commission gives a direction under section 112 ,

the planning authority shall grant the permission as soon as may be after the date of the direction.

(4) A planning authority shall, when giving notice of a decision in accordance with this section—

(a) publish (if it has not already done so) its determination in relation to any appropriate assessment carried out in relation to the development or proposed development to which the decision applies,

(b) comply (if it has not already done so) with—

(i) subsection (13) of section 219 , where the Minister issued a notice under subsection (10) or (11) of that section in relation to the development or proposed development to which the decision applies, or

(ii) paragraph (b) of subsection (8), and subsection (16), of section 221 , where the Minister issued a notice under subsection (12), (13), (14) or (15) of that section in relation to the development or proposed development to which the decision applies,

and

(c) comply (if it has not already done so) with subsection (8) of section 236 , where an environmental impact assessment was carried out in relation to the development or proposed development to which the decision applies.

(5) A planning authority shall enter particulars of a decision under section 98 in the register.

Time limit for decision of planning authority

101. (1) A planning authority shall, before the expiration of—

(a) the relevant period, or

(b) such longer period as the applicant may consent to in accordance with subsection (2),

make a decision under section 98 in relation to an application under section 95 .

(2) An applicant for permission for standard development or proposed standard development may, before the expiration of the relevant period, consent in writing to the extension of the period for making a decision under section 98 .

(3) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning the relevant period.

(4) Where the planning authority fails to make a decision under section 98 in relation to an application under section 95 within the relevant period (or such longer period as the applicant may consent to in accordance with subsection (2)), it shall notify the applicant thereof as soon as may be—

(a) stating why it has not been possible to make a decision within that period,

(b) identifying the additional period required by the planning authority to make a decision in relation to the application (which shall not exceed 4 weeks, or such longer period as the applicant may consent to in accordance with subsection (2), from the expiration of the relevant period), and

(c) seeking the consent of the applicant to an extension of the period within which the planning authority shall make its decision.

(5) (a) If the applicant notifies the planning authority that he or she consents to an extension of time sought in a notification under subsection (4), the planning authority shall make a decision in relation to the application as soon as may be and before the expiration of the period specified in that notification.

(b) If, within such period as may be prescribed, the applicant notifies the planning authority that he or she does not consent to the extension sought in a notification under subsection (4), the application shall be deemed to be refused, and the applicant may appeal that deemed refusal to the Commission under section 103 .

(c) If the applicant fails to notify the planning authority, within the period referred to in paragraph (b), as to whether or not he or she consents to the extension sought in the notification under subsection (4), the applicant shall be deemed to have consented to that extension.

(d) Where an application under section 95 is deemed to have been refused in accordance with paragraph (b), the planning authority shall—

(i) in circumstances where the applicant does not appeal the deemed refusal to the Commission, repay to the applicant all planning fees paid to the planning authority by the applicant in respect of the application, and

(ii) in circumstances where the applicant appeals the deemed refusal to the Commission, repay to the applicant all planning fees paid to the planning authority by the applicant in respect of the application and any fees paid to the Commission by the applicant in respect of the said appeal.

(6) (a) Where the applicant consents to an extension sought in a notification under subsection (4) and the planning authority fails to make a decision in relation to the application within the period specified in that notification, it shall—

(i) repay to the applicant all fees paid to the planning authority by the applicant in respect of the application,

(ii) pay to the applicant the additional sum in not more than 5 instalments, and

(iii) subject to subsection (7), make a decision in relation to the application as soon as may be thereafter.

(b) In this subsection “additional sum” means the lesser of the following:

(i) such sum as is equal to 3 multiplied by the sum of the fees paid to the planning authority by the applicant in respect of the application; or

(ii) €10,000.

(7) (a) Where the applicant consents to an extension sought in a notification under subsection (4) and the planning authority fails to make a decision in relation to the application within the period specified in that notification, the applicant may notify the planning authority in writing that it does not consent to the planning authority’s making of a decision in relation to the application after the expiration of that period.

(b) Where the planning authority receives a notification under paragraph (a)—

(i) the application shall be deemed to have been refused by the planning authority on the date of the notification, and

(ii) the applicant may appeal that deemed refusal to the Commission under section 103 .

(c) Where the applicant brings an appeal referred to in subparagraph (ii) of paragraph (b), the planning authority shall repay to the applicant any fees paid by the applicant to the Commission in respect of that appeal.

(8) A planning authority shall include in its annual report in accordance with section 221 of the Act of 2001—

(a) the numbers of planning applications decided within the relevant period,

(b) the number of planning applications not decided within that period,

(c) the number of planning applications deemed refused in accordance with paragraph (b) of subsection (5) or subparagraph (i) of paragraph (b) of subsection (7),

(d) the number of repayments made pursuant to paragraph (d) of subsection (5) and the aggregate value of all such repayments,

(e) the number of payments and repayments made pursuant to subsection (6) and the aggregate value of all such payments and repayments, and

(f) the number of repayments made pursuant to paragraph (c) of subsection (7) and the aggregate value of all such repayments.

(9) The making of a decision by a planning authority under section 98 after the period referred to in subsection (1), shall not invalidate the decision.

(10) The Minister may give a direction to a planning authority requiring the planning authority to give priority to the making of decisions under section 98 in relation to applications for permission of such class or classes as is specified in the direction, if he or she considers that, by reason of the strategic, economic or social importance to the State of the class or classes concerned, it is necessary or expedient that decisions under that section in relation to such applications be made as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development.

(11) In this section “relevant period” means—

(a) in relation to an application under section 95 in respect of which neither an appropriate assessment nor an environmental impact assessment is required under Part 6 —

(i) 8 weeks from the date of the application, or

(ii) where the planning authority makes one or more than one request under subsection (2) of section 97 , 4 weeks from the earlier of the following dates:

(I) the date by which the request or requests, as the case may be, is or are fully complied with;

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

(iii) where subsection (3) of section 97 applies, 4 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of the said subsection (3),

(b) in relation to an application under section 95 in respect of which an appropriate assessment or an environmental impact assessment is required under Part 6 —

(i) 12 weeks from the date by which all submissions are required to have been given to the planning authority in accordance with this Part and Part 6 in relation to the proposed development,

(ii) where the planning authority makes a request or more than one request for further information under subsection (2) of section 97 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 8 weeks from the earlier of the following dates:

(I) the date by which the request or requests, as the case may be, is or are fully complied with;

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

(iii) where subsection (3) of section 97 applies, 8 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of the said subsection (3), or

(iv) where more than one of the foregoing provisions of this paragraph applies, the period specified in those provisions that expires last.

Persons eligible to appeal decision of planning authority

102. (1) Subject to subsections (5) and (6), the following persons may, on payment of such fee as may be approved in accordance with section 381 , appeal the decision of a planning authority under section 98 to the Commission:

(a) the applicant for the permission the subject of the decision; and

(b) any person (other than a prescribed body referred to in paragraph (a) of subsection (2) or a person referred to in paragraph (b) of that subsection) who made submissions in writing in relation to the planning application in accordance with any provision of this Act or regulations under this Act.

(2) Subject to subsections (3) and (5), the following persons shall be eligible to appeal the decision of a planning authority under section 98 to the Commission:

(a) a prescribed body that was entitled to be given notice of any planning application in accordance with regulations under this Act but was not given such notice; and

(b) in the case of a decision of a planning authority that relates to a development in respect of which an appropriate assessment or an environmental impact assessment was required to be submitted to the planning authority in accordance with Part 6 , a company within the meaning of the Companies Act 2014 —

(i) formed and registered not later than one year before the bringing of the appeal,

(ii) whose constitution includes objects that relate to the promotion of environmental protection of relevance to the appeal,

(iii) that has pursued those objects for a period of not less than one year before the bringing of the appeal,

(iv) that has not fewer than 10 members at the time of the bringing of the appeal, and

(v) that has passed a resolution, in accordance with the constitution of the company, before the bringing of the appeal authorising the company to bring the appeal.

(3) The Commission shall dismiss an appeal brought by a person who is not eligible to bring an appeal in accordance with subsection (2), and where it dismisses such appeal it shall notify the person in writing of the dismissal.

(4) (a) Subject to subsection (6), a person who has an interest in land adjoining land in respect of which a decision to grant permission has been made may, on payment of the appropriate fee, apply to the Commission for leave to appeal against a decision of the planning authority under section 98 .

(b) An application under paragraph (a) shall state—

(i) the name and address of the person making the application, the grounds upon which the application is made, and

(ii) a description of the person’s interest in the land.

(c) The Commission shall, by notice given not later than one week from the receipt of an application under paragraph (a), require the planning authority concerned to submit to the Commission copies of such materials as may be prescribed, and the planning authority shall comply with such requirement within one week from the date of receiving the notice.

(d) The Commission shall grant leave to appeal the decision of the planning authority under section 98 only where an applicant under this subsection shows that—

(i) the development or proposed development in respect of which a decision to grant permission has been made differs or will differ materially from the development as set out in the application for permission by reason of conditions imposed by the planning authority to which the grant is subject, and

(ii) the imposition of such conditions will materially affect the applicant’s enjoyment of the land or reduce the value of the land.

(e) A decision to grant or refuse leave to appeal under this subsection shall be made within 4 weeks from the receipt of the application.

(f) The Commission shall notify the applicant and the planning authority of a decision to grant or refuse an application under this subsection within 3 days from the date the decision under paragraph (e) is made by the Commission.

(5) (a) An appeal under subsection (1) or (2), or an application for leave to appeal under subsection (4), must be made within the period of 4 weeks from the date of the decision of the planning authority.

(b) Where leave to appeal is granted under subsection (4), the appellant shall bring the appeal within 2 weeks from the receipt of the notification under paragraph (f).

(c) An appeal or an application for leave to appeal received by the Commission after the expiration of the period specified in paragraph (a) or (b) shall be invalid.

(6) A person who appeals a decision of a planning authority under section 98 to the Commission and who claims to be eligible to bring that appeal by virtue of paragraph (b) of subsection (2) shall include with the notice of appeal a statutory declaration under the Statutory Declarations Act 1938 that it is a company within the meaning of the Companies Act 2014 —

(a) formed and registered not later than one year before the bringing of the appeal,

(b) whose constitution includes objects that relate to the promotion of environmental protection of relevance to the appeal,

(d) that has not less than 10 members at the time of the bringing of the appeal, and

(e) that has passed a resolution, in accordance with the constitution of the company, before the bringing of the appeal authorising the company to bring the appeal.

Bringing of appeal to Commission

103. (1) An appeal to the Commission under this Chapter shall be brought in such manner as may be prescribed.

(2) (a) An appeal under this section shall be accompanied by such fee as may be approved in accordance with section 381 .

(b) An appeal under this section—

(i) shall be accompanied by such information and documentation as may be prescribed, and

(ii) may be accompanied by such other documents, particulars or information, relating to the appeal, as the appellant considers necessary or appropriate.

(3) (a) Save as otherwise permitted by this Act, an appellant shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of appeal stated in the appeal or to submit further grounds of appeal and any such elaboration, submissions or further grounds of appeal that is or are received by the Commission shall not be considered by it.

(b) Save as otherwise provided by this Act, the Commission shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information that accompanied the appeal.

(4) (a) Where, in relation to an appeal under this Chapter, there has been a failure to comply with paragraph (b) of subsection (2), the appeal shall be invalid, unless the Commission is satisfied that the lack of such compliance does not materially affect the ability of the Commission to—

(i) determine the appeal, or

(ii) carry out any appropriate assessment or environmental impact assessment in relation to the development or proposed development concerned.

(b) Where the Commission is satisfied, on appeal under this Chapter, that, in relation to the application to which the decision under appeal applies, there was a failure to comply with section 89 or 95, it shall declare the application to be invalid.

(5) Where the Commission determines at any time that the development the subject of the application to which the appeal relates is not standard development, the application shall be invalid and the Commission shall declare it to be invalid.

(6) An application for retention permission shall be invalid and the Commission shall declare it to be invalid where, on appeal under this section in relation to the development to which the application relates—

(a) the Commission makes a determination under section 212 or 214 that the likelihood of the development concerned (either individually or in combination with any plan or other project within the meaning of the Habitats Directive) having significant effects on a European site cannot be excluded, or

(b) the Commission makes a determination under section 229 or 232 that an environmental impact assessment is required.

(7) Where an appeal is brought under this section from a decision of the planning authority in relation to an application for permission for land-based development, the Commission may, before the expiration of such period as may be prescribed, carry out, or cause to be carried out, an inspection of the land on which the development or proposed development is situated or proposed to be situated.

(8) A person shall, before bringing an appeal under this section, comply with such public notice requirements as may be prescribed in relation to the bringing of such an appeal.

Adoption by Commission of determination of planning authority relating to screening for environmental impact assessment

104. The Commission may adopt a determination of the planning authority in respect of screening for environmental impact assessment under section 229 or 232 where the Commission has determined that such screening was carried out adequately by the planning authority.

Submissions to Commission on appeal

105. (1) The Commission shall, as soon as may be after the commencement of an appeal from a decision of a planning authority, notify the planning authority and each other party to the appeal of the appeal.

(2) Upon receipt of a notification under subsection (1), the planning authority shall within such period as may be prescribed—

(a) submit to the Commission copies of the materials prescribed under paragraph (c) of subsection (4) of section 102 unless already submitted,

(b) notify any person who made a submission in accordance with the requirements of this Act or the regulations, and

(3) Submissions in writing may be made to the Commission within such period as may be prescribed by—

(a) each party to the appeal other than the appellant, and

(b) any person who is not a party to the appeal.

Revisions to plans for development on appeal

106. (1) Subject to subsection (3), the appellant in an appeal to the Commission under this Part may, where he or she is the person who made the application for permission to which the appeal relates, include, with the notice of appeal, revised particulars, plans or drawings in relation to the development or proposed development concerned.

(2) Subject to subsection (3), the respondent in an appeal to the Commission under this Part may, where he or she is the person who made the application for permission to which the appeal relates, include, with any submissions in relation to the appeal, revised particulars, plans or drawings in relation to the development or proposed development concerned.

(3) Revised particulars, plans or drawings included with a notice of appeal referred to in subsection (1) or submissions referred to in subsection (2) shall—

(a) be clearly identified as having been included in accordance with this section,

(b) not contain a proposed alteration of the development or proposed development that would substantially alter the nature of the development or proposed development, and

and revised particulars, plans or drawings included with such a notice in relation to which there has not been full compliance with this subsection shall be disregarded by the Commission when performing its functions in relation to the appeal.

(4) The opinion of the Commission on the question of whether or not revised particulars, plans, or drawings comply with paragraph (b) of subsection (3) shall be conclusive.

Procedural powers of Commission on appeal

107. (1) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 and before determining an appeal under this Chapter, the Commission may, in such manner and within such period as may be prescribed—

(a) request any party to the appeal or any person who made submissions on the appeal to submit further information to the Commission,

(b) request that the applicant for permission concerned submit revised particulars, plans or drawings in relation to the development, where the Commission is considering granting permission subject to the applicant complying with that request,

(c) request any person to make submissions in relation to any matter that has arisen in relation to the appeal, where in the opinion of the Commission it is appropriate to do so,

(d) require any party to the appeal to give public notice in relation to the appeal as the Commission may specify in accordance with the regulations, or

(e) hold an oral hearing in accordance with section 369 and 370 .

(2) Where the Commission receives—

(a) further information pursuant to a request under paragraph (a) of subsection (1),

(b) revised particulars, plans or drawings pursuant to a request under paragraph (b) of subsection (1),

(d) any other information, documents or submissions under, or pursuant to a request or information under, any other provision of this Act,

that it considers contains or contain additional material information (including information in relation to the effects of the proposed development on a European site or otherwise on the environment), it shall—

(ii) notify the applicant that he or she is required to give notice to the public, in such manner and within such period as may be prescribed—

(I) that the additional material information identified by the Commission is available for inspection,

(II) of the address of the place where the additional information may be inspected, and

(III) that the public are entitled to make submissions on the additional material information within such period as may be prescribed.

(3) (a) Where an appellant fails to comply with a request under paragraph (a) of subsection (1) within such period as may be prescribed then—

(i) if the appellant was the applicant for permission, the appeal shall be deemed to have been withdrawn, or

(ii) if the appellant was not the applicant for permission, the Commission shall proceed to determine the appeal.

(b) Where the planning authority or a person who made submissions in relation to the appeal fails to comply with a request under paragraph (a) of subsection (1) within such period as may be prescribed, the Commission may determine the appeal without further notice to the planning authority or that person.

(c) Where an applicant for permission fails to comply with a request under paragraph (b) of subsection (1) within such period as may be prescribed, the Commission may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) continue to determine the appeal without further notice to the applicant.

(d) Where any person fails to comply with a request under paragraph (c) of subsection (1) within such period as may be prescribed, the Commission may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) continue to determine the appeal without further notice to that person.

(e) Where an applicant for permission fails to comply with a request under paragraph (d) of subsection (1) or paragraph (ii) of subsection (2), or an appellant fails to comply with a request under paragraph (d) of subsection (1), within such period as may be prescribed, the Commission may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) deem the application for permission or appeal, as appropriate, withdrawn.

Dismissal of appeals where vexatious, etc.

108. (1) The Commission may dismiss an appeal where, having considered the grounds of appeal or any other matter to which it may, by virtue of this Act, have regard for the purpose of dealing with or determining an appeal, it is of the opinion that the appeal—

(a) is vexatious, frivolous or without substance or foundation, or

(b) is brought for the purpose of—

(i) delaying the development or proposed development concerned, or

(ii) securing the payment of money, gifts, consideration or other inducement by any person.

(2) A decision under this section shall state the main reasons and considerations on which the decision is based.

(3) The Commission may hold an oral hearing in accordance with section 369 to determine whether or not an appeal is made for a purpose referred to in subparagraph (ii) of paragraph (b) of subsection (1).

Decision of Commission on appeal

109. (1) Where an appeal is brought against a decision of a planning authority and is not withdrawn, dismissed or deemed invalid, the Commission shall make a decision in relation to the application for permission concerned as if the application had been made to the Commission rather than the planning authority, and the decision of the Commission shall operate to annul the decision of the planning authority from the date of the decision of the planning authority.

(2) Subject to this Part and Part 6 , the Commission may, upon an appeal referred to in subsection (1), decide to—

(a) grant the permission, subject to such conditions (if any) as may be imposed under section 87 ,

(b) grant the permission subject to—

(i) any modifications to the proposed development as it may specify, and

(ii) subject to such conditions (if any) as may be imposed under section 87 ,

(i) any modifications to that part as it may specify, and

(ii) subject to such conditions (if any) as may be imposed under section 87 ,

(d) refuse to grant the permission.

(3) The Commission shall, in addition to any conditions that it may decide to attach to a grant of permission in accordance with subsection (2), attach the following conditions to a grant of permission under that subsection where the application for permission concerned is an application to which an opinion under section 94 applies:

(a) a condition requiring that each aspect of the proposed development concerned in respect of which confirmation has not yet been given to the planning authority—

(ii) fall within such range specified in the statement included with the application for permission in accordance with the undertaking referred to in the said subparagraph (iv),

and

(i) the date of the commencement of—

(I) the proposed development, or

(II) the part of the proposed development to which that aspect relates,

(ii) such earlier date as may be prescribed.

(4) When granting a permission under subsection (2), the Commission shall comply with subsection (2) of section 87 (where applicable).

(5) In deciding an appeal under this section the Commission may take into account matters that relate to proper planning and sustainable development or maritime spatial planning, other than those raised by the parties or by any person who made submissions to the Commission in relation to the appeal, provided that—

(a) the matters are matters to which, by virtue of this Act, the Commission is permitted to have regard, and

(b) the taking account of such matters is appropriate having regard to the circumstances.

(6) Where the Commission considers that the performance by it of functions under this section in relation to an appeal of a decision of a planning authority under this Chapter has the potential to have a significant effect on the functional area of another planning authority, it shall, before making a decision under this section in relation to that appeal, consult with, and have regard to the views expressed by, that other planning authority.

(7) The Commission shall not have power to grant permission, on appeal from a decision of a planning authority in relation to an application made by the appellant, that—

(a) is not substantially the same as the development or proposed development to which that decision relates, or

(b) in the case of an appeal that relates to part only of the development or proposed development to which that decision relates, is not substantially the same as that part.

(8) Particulars of a decision of the Commission under this section shall be entered in the register.

Decision of Commission in relation to development in contravention of certain plans

110. (1) Where an appeal under this Chapter relates to development, or proposed development—

(a) situated or proposed to be situated wholly or partly on land, and

(b) that materially contravenes, or would materially contravene, the development plan for the functional area of the planning authority concerned,

the Commission shall, subject to subsections (3) and (5) refuse permission for the development or proposed development under section 109 .

(2) Where an appeal under this Chapter relates to development, or proposed development situated or proposed to be situated wholly or partly in the maritime area materially contravenes, or would materially contravene, the National Marine Planning Framework, the Commission shall, subject to subsections (4) and (5) refuse permission under section 109 .

(3) The Commission may grant permission under section 109 for development or proposed development to which subsection (1) applies if it is satisfied that—

(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government,

(b) the development plan contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development concerned, or

(c) the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Policies and Measures or regional spatial and economic strategy as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies.

(4) The Commission may grant permission under section 109 for development or proposed development to which subsection (2) applies if it is satisfied that—

(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government, or

(b) the National Marine Planning Framework contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development.

(5) (a) Subject to paragraph (b), the Commission shall give public notice of an appeal to which this section applies and submissions may be made in respect of the material contravention in such form and manner, and within such period, as may be prescribed.

(b) The Commission shall not be required to give public notice of an appeal to which this section applies if—

(i) the material contravention concerned is one that was the subject of a motion for a material contravention resolution within the meaning of section 99 , and

(ii) the planning authority complied with subsection (3) of that section in relation to the motion.

(i) by notice in writing to each person who makes a submission in relation to an appeal to which this section applies, confirm receipt of that submission, and

(ii) have regard to—

(I) each such submission, and

(II) all submissions referred to in subsection (6),

before making a decision in relation to the appeal.

(d) The Commission shall not grant permission for development to which this section applies where it has not complied with this subsection.

(6) A planning authority whose decision is the subject of an appeal to which this section applies shall, after having complied with subsection (3) of section 99 in relation to the application for permission concerned, provide the Commission with copies of all submissions made to it in respect of the application.

Notification of decision in relation to appeal under this Chapter

111. (1) The Commission shall give notice of its decision under section 109 in accordance with this section and in such form and manner as may be prescribed.

(2) A notice under subsection (1) shall—

(a) state the main reasons and considerations on which the decision to which the notice relates is based,

(b) where conditions are imposed in relation to the grant of any permission, state the main reasons for the imposition of any such conditions,

(i) the main reasons for the decision to grant such permission in accordance with section 110 , and

(ii) the matters taken into consideration in making the decision in accordance with section 110 ,

and

(d) where the Commission grants permission upon an application that was accompanied by an environmental impact assessment report—

(i) state that the Commission is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision to grant permission was made, and

(ii) include a summary of—

(I) the outcome of any consultations that took place for the purposes of the environmental impact assessment,

(II) the information collected for the purposes of the environmental impact assessment,

(III) submissions (if any) received from a Transboundary Convention state, and

(IV) the manner in which that outcome, that information and any such submissions were taken account of in the making of the decision.

(3) Where a decision by the Commission under section 109 does not follow a recommendation in a report of an inspector appointed to prepare a report for the purposes of the appeal, the statement under paragraph (a) of subsection (2) shall specify the main reasons for not following the recommendation.

(4) Where the Commission grants permission under section 109 in circumstances to which section 110 applies, it shall notify the planning authority concerned thereof and the planning authority shall enter details thereof in the register.

(5) The Commission shall, when giving notice of a decision under this section—

(b) comply (if it has not already done so) with—

(ii) paragraph (b) of subsection (8), and subsection (16), of section 221 , where the Minister issued a notice under subsection (12), (13), (14) or (15) of that section in relation to the development or proposed development to which the decision applies,

and

Appeals against conditions

112. (1) Where—

(a) an appeal to the Commission is brought against a decision of a planning authority to grant permission,

(b) the appeal relates only to a condition or conditions attached to the permission, and

(c) the Commission is satisfied, having regard to the nature of the condition or conditions, that the matter could be dealt with by the giving of directions to the planning authority rather than by the substitution of the decision of the Commission for that of the planning authority,

the Commission may give such directions (including directions requiring the replacement, amendment or removal of a condition or conditions to the permission or the attachment of one, or more than one, new condition to the permission), and the planning authority shall comply with such directions.

(2) The Commission may, in the performance of functions under subsection (1), have regard to any matter to which it is permitted to have regard when determining an appeal under section 109 .

(3) A direction under subsection (1) may include a requirement that such party to the appeal as is specified in the direction give such notice of the appeal as the Commission may specify including—

(a) at the place where the development or proposed development concerned is or is proposed to be situated, and

(b) by publication in a newspaper.

(4) (a) Where a condition to which subsection (1) applies is a condition under paragraph (c) of subsection (6) of section 217 , the Commission shall—

(i) have regard to the Natura impact statement prepared under section 215 , and

(ii) only give such direction or directions as, when complied with, would not cause the determination under subsection (6) of section 217 that the development will not adversely affect the integrity of any European site to cease to be accurate.

(b) The Commission shall not give a direction under subsection (1) that, if complied with, would cause the determination under subsection (8) of section 229 , that an environmental impact assessment was not required, to cease to be up to date (within the meaning of the Environmental Impact Assessment Directive).

(c) Where a condition to which subsection (1) applies is a condition under subsection (6) of section 236 , the Commission shall—

(i) have regard to the environmental impact assessment report prepared under section 234 and the reasoned conclusion under section 236 , and

(ii) not give a direction under subsection (1) that, if complied with, would cause the reasoned opinion to cease to be up to date (within the meaning of the Environmental Impact Assessment Directive).

Time limits for determination of appeal by Commission

113. (1) The Commission shall, before the expiration of the relevant period, make a decision under section 109 in relation to an appeal under this Chapter.

(2) Provision may be made by regulations for periods that shall be disregarded for the purposes of reckoning the relevant period.

(3) (a) Where the Commission fails, within the relevant period, to make a decision in relation to an appeal under this Chapter that has neither been withdrawn nor deemed to have been withdrawn, it shall—

(i) determine the appeal notwithstanding that the period has expired,

(ii) notify the appellant and applicant for permission (where he or she is not the appellant) of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed 4 weeks, or such longer period as may be agreed to by the applicant, from the date of the expiration of the relevant period),

and

(iii) publish a notice on its internet website of the reasons and period referred to in subparagraph (ii).

(b) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (a), to make a decision on an appeal under this Chapter, it shall—

(i) determine the appeal notwithstanding that the period has expired,

(ii) notify the appellant and applicant for permission (where he or she is not the appellant) of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed 2 weeks from the date of the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on its internet website of—

(I) the reasons and period referred to in subparagraph (ii), and

(II) the sum paid to the applicant for permission in accordance with subparagraph (iv),

and

(iv) pay to the applicant for permission a sum equal to such proportion of the fees paid to the Commission as may be prescribed.

(c) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b), to make a decision on an appeal under this Chapter, it shall—

(i) determine the appeal notwithstanding that the period has expired,

(ii) notify the appellant and applicant for permission (where he or she is not the appellant) of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed one week from the date of the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on its internet website of the reasons and period referred to in subparagraph (ii), and

(iv) notify the Minister and the Office of the Planning Regulator that it has not made the decision within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b).

(d) The Minister may, upon his or her receiving a notification under subparagraph (iv) of paragraph (c), request the Office of the Planning Regulator to—

(i) conduct a review of the performance by the Commission of its functions under this Act, and

(ii) prepare, and submit to the Minister (within such period as the Minister shall specify), a report in relation to that review.

(4) Any sum payable under subsection (3) shall be paid not later than 4 weeks after the expiration of the relevant period applicable to the appeal.

(5) Each report under section 522 shall, in relation to the period to which the report relates—

(a) contain a statement of—

(i) the number of appeals (other than LRD appeals) that the Commission has decided under section 109 , and

(ii) the number of such appeals so decided within—

(I) the relevant period,

(II) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (3),

(III) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (3), and

(IV) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (3),

(b) contain a statement of—

(i) the number of LRD appeals that the Commission has decided under section 109 , and

(ii) the number of such appeals so decided within—

(I) the relevant period,

(II) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (3),

(III) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (3), and

(IV) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (3),

(i) the number, and the aggregate amount, of all sums (if any) payable, and the number, and the aggregate amount, of all such sums paid, by the Commission in accordance with subparagraph (iv) of paragraph (b) of subsection (3), and

(ii) the details of each notification under subsection (3),

and

(d) contain such other information as to the time taken to decide such appeals as the Minister may direct.

(6) The Minister may give a direction to the Commission requiring the Commission to give priority to the making of decisions under section 109 in relation to appeals of such class or classes as is specified in the direction, if he or she considers that, by reason of the strategic, economic or social importance to the State of the class or classes concerned, it is necessary or expedient that decisions under that section in relation to such appeals be made as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development.

(7) In this section “relevant period” means—

(a) in relation to an appeal under this Chapter in respect of which neither an appropriate assessment nor an environmental impact assessment is required under Part 6 —

(i) 18 weeks from the date of the expiration of the period within which a person is required to bring an appeal in accordance with subsection (5) of section 102 ,

(ii) where the Commission makes a request under paragraph (a), (b) or (c) of subsection (1) of section 107 , 6 weeks from the earlier of the following dates:

(I) the date by which the request or requests, as the case may be, is or are fully complied with;

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

(iii) where subsection (2) of section 107 applies, 6 weeks from the date of the expiration of the period prescribed under paragraph (a) of that subsection,

(b) in relation to an appeal under this Chapter in respect of which an appropriate assessment or an environmental impact assessment is required under Part 6 —

(i) 26 weeks from—

(I) the date of the expiration of the period within which a person is required to bring an appeal in accordance with subsection (5) of section 102 , or

(II) by which all submissions are required to have been given to the Commission in accordance with this Chapter and Part 6 in relation to the proposed development,

whichever occurs later,

(ii) where the Commission makes a request or more than one request for further information under paragraph (a), (b) or (c) of subsection (1) of section 107 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the appeal, 10 weeks from the earlier of the following dates:

(I) the date by which the request or requests, as the case may be, is or are fully complied with;

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

(iii) where subsection (2) of section 107 applies, 10 weeks from the date of the expiration of the period prescribed under paragraph (a) of that subsection,

(c) in relation to an appeal under this Chapter in respect of which an oral hearing is held under subsection (1) of section 107 , 12 weeks from the date of the conclusion of the oral hearing, or

(d) where more than one of the foregoing provisions of this subsection applies, the period specified in those provisions that expires last.

Chapter 4

Planning Applications Directly to Commission

Definitions

114. In this Chapter—

“appropriate planning authority” means—

(a) where an application relates to land-based development, the planning authority or authorities within whose functional area or functional areas it is proposed that the development or any part of the development will be carried out,

(b) where an application relates to maritime development, the planning authority or authorities—

(i) within whose functional area or functional areas it is proposed that the development or any part of the development will be carried out, or

(ii) whose functional area adjoins or whose functional areas adjoin a maritime site within which it is proposed to carry out the development or any part of the development,

(c) where an application relates to development that is partly land-based development and partly maritime development, the planning authorities specified at both paragraphs (a) and (b);

“prospective applicant” has the meaning assigned to it by subsection (1) of section 116 .

General

115. (1) The Minister may for the purposes of this Part prescribe—

(a) exceptions from any of the classes of development referred to in paragraph (b) of the definition of “Chapter 4 development” in section 82 , or

(b) limitations, in respect of any of those classes of development, on the extent to which development constitutes Chapter 4 development.

(2) Where this Chapter applies to part only of a development, an application for permission for the entire development shall be made to the Commission under this Chapter.

(3) Where a statutory undertaker proposes to carry out works for the maintenance or improvement of existing infrastructure, being works which would constitute Chapter 4 development, the statutory undertaker may, instead of applying under this Chapter for permission for the works, apply for permission under Chapter 3, and where such an application is made, the works are to be treated for the purposes of this Part as if they did not constitute Chapter 4 development but instead constituted standard development.

(4) Any obligation under this Chapter—

(a) on an applicant for permission, a prospective applicant or the Commission, to provide notice to the appropriate planning authority, or

(b) on the appropriate planning authority, to provide any report or other information to the Commission,

shall not apply in either of the cases mentioned in subsection (5).

(5) Those cases are where—

(a) the applicant for permission is a local authority or two or more local authorities acting jointly and the permission sought relates to proposed development within the functional area of that local authority or any of those local authorities, or

(b) the application for permission relates to proposed development that is wholly in the outer maritime area and the maritime site does not adjoin the nearshore area of any planning authority.

Pre-application consultation

116. (1) (a) A person (in this Chapter referred to as a “prospective applicant”) who intends, and is eligible, to apply for permission for Chapter 4 State authority emergency development may, prior to the making of an application for such permission, request a consultation with the Commission under this section.

(b) A person (in this Chapter also referred to as a “prospective applicant”) who is of a class prescribed by the Minister may request a consultation with the Commission under this section.

(c) A person (in this Chapter also referred to as a “prospective applicant”) who intends, and is eligible to apply, for permission for Chapter 4 development (other than Chapter 4 State authority emergency development) shall, prior to the making of the application concerned, request a consultation with the Commission under this section.

(2) A request for a consultation under this section shall be accompanied by—

(a) sufficient information to allow the Commission to carry out its functions under this section, and

(b) such documents or information as may be prescribed.

(3) Where a request for a consultation under this section is made by a prospective applicant, and is accompanied by the required documentation and information in accordance with subsection (2), the Commission shall, as expeditiously as is practicable—

(a) subject to subsection (4) of section 115 , notify the appropriate planning authority of the request, and

(b) subject to subsection (6), enter into and carry out consultations under this section.

(4) Subject to paragraph (b) of subsection (6), in any consultation under this section, the Commission—

(a) shall advise the prospective applicant as to the procedures that apply in relation to the consideration of an application for permission under this Chapter, including—

(i) the plans, particulars or other information the Commission will require for the purposes of considering the application,

(ii) the time periods and sequencing that will apply in relation to consideration and determination of the application,

(iii) any other matters in relation to the application process as the Commission considers appropriate, and

(iv) such other matters as may be prescribed,

(b) may advise the prospective applicant regarding—

(i) the considerations that may, in the opinion of the Commission, have a bearing on its decision in relation to any application for permission under this Chapter, related to—

(I) proper planning and sustainable development,

(II) the impact of the development on the environment or any European site,

(III) where the proposed development is or includes land-based development, the relevant objectives of the development plan and any urban area plan, priority area plan or coordinated area plan that are likely to have a bearing on the decision of the Commission, and

(IV) where the proposed development is or includes maritime development, the National Marine Planning Framework and the objectives of maritime spatial planning,

(ii) the need (if any) for the prospective applicant to create an internet website for the purpose of publishing the application and documentation accompanying the application,

(iii) the requirements as to the public notice prescribed under section 120 to be complied with by the prospective applicant prior to making an application under that section, the persons to whom documentation must be furnished and the making of submissions in relation to the application,

(iv) the notification of prescribed bodies,

(v) the fees payable with respect to consultation under this section, and

(vi) such other matters as may be prescribed,

and

(c) may require the prospective applicant to give notice to the public or to carry out consultations with the public in advance of an application under section 120 being submitted, in addition to the public notice to be provided in accordance with subsection (1) of that section, including by the erection or fixing of a site notice on the land or structure to which the proposed development relates in accordance with the requirements of the regulations.

(5) The Commission—

(a) must consult with such persons as may be prescribed, and

(b) may consult with any other person who may, in the opinion of the Commission, have information which is relevant for the purposes of consultations under this section in relation to a proposed development.

(6) Where, on receipt of a request for a consultation under this section, or following consultation under this section, the Commission forms the opinion that the proposed development would not, if carried out, constitute Chapter 4 development—

(a) it shall notify the prospective applicant—

(i) that an application for permission for the proposed development may not be made to the Commission under this Chapter, and

(ii) of the Chapter (if any) of this Part under which an application for permission for the proposed development may be made,

and

(b) it shall not proceed further with any consultations under this section.

(7) Where, following consultations under this section the Commission forms the opinion that the proposed development would, if carried out, constitute Chapter 4 development, it shall notify the prospective applicant that the proposed application should be made to the Commission under this Chapter (in this Part referred to as a “Chapter 4 PAC notification”).

(8) Subject to subsection (4) of section 115 , the Commission shall give a copy of a notice under subsection (6) or (7), as the case may be, to the appropriate planning authority.

(9) The Commission may, at any time, conclude a consultation under this section where it considers it appropriate to do so.

(10) Where a person is served with a notice under paragraph (a) of subsection (4) of section 37B of the Act of 2000 but does not make an application under section 37E of that Act before the repeal of the said section 37E by section 6 , the notice shall be deemed to be a Chapter 4 PAC notification.

Requirement to enter into pre-application consultation prior to making application under Chapter

117. (1) A prospective applicant shall not make an application for permission for Chapter 4 development under this Chapter unless—

(a) the prospective applicant has been given a Chapter 4 PAC notification in relation to the proposed development, or

(b) the prospective applicant makes the application with the consent in writing of a person who has been given a Chapter 4 PAC notification in relation to the proposed development.

(2) Subsection (1) does not apply to an application for permission for Chapter 4 State authority emergency development.

(3) In this section “proposed development” means, in relation to a Chapter 4 PAC notification, development that is—

(a) the subject matter of the Chapter 4 PAC notification, or

(b) not materially different from the development that is the subject matter of the Chapter 4 PAC notification.

Request for meeting where certain aspects of proposed development not confirmed

118. (1) Where a prospective applicant proposes to make an application for permission for development under this Chapter but not all aspects of the development are likely to be confirmed by the date of the application, he or she may, before making the application, request a meeting with the Commission.

(2) (a) A request under subsection (1) shall—

(i) be in writing,

(ii) include a description of—

(I) the aspects, or aspects falling within a specified category, of the proposed development that are not likely to be confirmed by the time the application is made, and

(II) the circumstances that would justify the making of the application before the confirmation of those aspects,

(iii) include such other information as may be prescribed,

(I) a description of not less than 2 proposed approaches, or

(II) a statement of the range within which each such aspect or category (being an aspect or category in respect of which the prospective applicant has elected not to comply with clause (I)) falls,

and

(v) be accompanied by such fee as may be approved in accordance with section 381 .

(b) Without prejudice to the generality of clause (II) of subparagraph (ii) of paragraph (a), circumstances referred to in that clause may include—

(ii) circumstances relating to any particular class of development as may be prescribed.

(3) The Commission may, before a meeting under this section takes place, consult with any person who may, in the opinion of the Commission, have information that is relevant to the subject matter of the meeting, and the Commission shall prepare a record in writing of the consultation and keep that record with the documentation relating to any subsequent application for permission for the proposed development concerned.

(4) The Commission shall, upon receiving a request under subsection (1), convene a meeting with the prospective applicant which shall take place not later than 4 weeks from the date on which the request was received by the Commission.

(5) The following persons shall be permitted to attend a meeting convened under this section:

(a) the Commission;

(b) the prospective applicant;

(c) any person or persons nominated by the prospective applicant for the purpose of advising or representing him or her at the meeting.

(6) The Commission shall ensure that such members of staff of the Commission as attend the meeting have a sufficient knowledge and expertise in relation to the matters to which the meeting relates.

(7) Where a meeting referred to in subsection (4) does not take place within the period specified in that subsection, the Commission shall—

(a) convene such meeting as soon as practicable thereafter, and

(b) provide the prospective applicant with an explanation in writing of the reason for the failure to convene a meeting within that period.

(8) The Commission shall keep—

(a) a request under this section,

(b) all documents included with or accompanying that request in accordance with subsection (2), and

with the documentation relating to any subsequent application for permission for the proposed development concerned.

(9) A request, document or record kept in accordance with subsection (8) shall be published and made available to the public, in such manner as may be prescribed, not later than 3 days from the day on which the Commission receives an application for permission for the proposed development concerned.

(10) A failure by the Commission to comply with subsection (4) within the time period specified therein shall not invalidate any act done by the Commission in relation to an application or proposed application for permission for Chapter 4 development.

Opinion with regard to making of application where certain aspects of proposed development not confirmed

119. (1) The Commission shall, not later than 4 weeks from the date on which the meeting convened under subsection (4) of section 118 takes place, consider the description and information included in the request under that section, the undertaking that accompanied that request and any information provided at the meeting and—

(a) if the Commission is satisfied that it would be appropriate for the application referred to in subsection (1) of that section to be made before the confirmation of all aspects of the proposed development concerned, it shall provide the prospective applicant with an opinion to that effect, or

(b) if the Commission is not so satisfied, it shall notify the prospective applicant thereof in writing.

(2) An opinion under paragraph (a) of subsection (1) shall specify—

(a) the aspects of the proposed development that may be confirmed after the making of the application,

(b) the circumstances relating to the proposed development that justify the making of the application before the confirmation of those aspects, and

(3) An opinion under paragraph (a) of subsection (1) shall not be published unless and until an application for permission for the proposed development concerned is made in accordance with this Chapter.

(4) Where the Commission fails to comply with subsection (1) within the period specified therein, the Commission shall—

(a) perform the functions under that subsection as soon as practicable thereafter, and

(b) provide the prospective applicant with an explanation in writing of the reason for the failure.

(5) A failure by the Commission to comply with subsection (1) within the time period specified therein shall not invalidate any act done by the Commission in relation to an application or proposed application for permission for Chapter 4 development.

(6) An opinion under subsection (2) of section 37CD or subsection (2) of section 287B of the Act of 2000 shall operate as if it were an opinion under paragraph (a) of subsection (1).

(7) A notification under subsection (3) of section 37CD or subsection (3) of section 287B of the Act of 2000 shall operate as if it were a notification under paragraph (b) of subsection (1).

Making of application to Commission

120. (1) Prior to making an application for permission for Chapter 4 development, a prospective applicant shall, in addition to complying with subsection (3) of section 234 , comply with such requirements as to public notice as may be prescribed.

(2) Applications for permission for Chapter 4 development shall—

(a) be in such form, and be accompanied by such documents, as may be prescribed, and

(b) shall be accompanied by such fee as may be payable in respect of the application in accordance with section 381 .

(3) On the date on which an application for permission for Chapter 4 development is made, the applicant shall comply with such requirements as to the sending of copies of the application and other associated documents as may be prescribed to such persons or classes of person as may be prescribed.

(4) Within such period as may be prescribed after the receipt of an application under this section by the Commission, the Commission shall, if it is satisfied that the application was made in accordance with this section, by notice in writing to the applicant—

(a) acknowledge receipt of the application, and

(b) confirm the date of receipt of the application.

(5) Subject to subsection (7), an application that is not in accordance with this section shall be invalid.

(6) Following receipt by the Commission of an application for permission for Chapter 4 development that is land-based development, the Commission shall, before the expiration of such period as may be prescribed, cause an inspection to be carried out of the land on which it is proposed to carry out the development concerned.

(7) Where the Commission determines, following the carrying out of an inspection under subsection (6), or at any other time after the acknowledgment of receipt of an application under paragraph (a) of subsection (4), that the application was not made in accordance with this section—

(a) if it is satisfied that the failure to make the application in accordance with this section—

(i) has not resulted in any failure to comply with any requirement under this Act to give public notice of the application, and

(ii) has not otherwise materially affected the ability of the Commission to determine the application, or carry out any appropriate assessment or environmental impact assessment in relation to the application,

it shall treat the application as valid, or

(b) if it is not satisfied with regard to the matters referred to in subparagraphs (i) and (ii) of paragraph (a) it shall treat the application as invalid and declare it to be so.

(8) Particulars of every application under this section shall be entered in the register.

Report and information to be furnished by appropriate planning authority

121. (1) Subject to subsection (4) of section 115 , where the appropriate planning authority receives a copy of an application for permission for Chapter 4 development, the planning authority shall prepare and submit to the Commission a report setting out the views of the planning authority in relation to the proposed development, having regard in particular to the matters specified in section 86 .

(2) Where the application is for retrospective consent, the report under subsection (1) shall include the following:

(a) information relating to development (including development other than the development which is the subject of the application) carried out on the site where the development that is the subject of the application took place or is proposed to take place, and any application for permission made in relation to the site and the outcome of the application;

(b) information relating to any warning letter, enforcement notice (within the meaning of Part 11 ) or proceedings relating to offences under this Act that relate to the applicant;

(c) where the proposed development is or includes land-based development, information regarding the relevant provisions of the development plan and any urban area plan, priority area plan or coordinated area plan as they affect the site and the type of development concerned;

(d) where the proposed development is or includes maritime development, information regarding the relevant provisions of the National Maritime Planning Framework as they affect the site and the type of development concerned;

(e) any information that the planning authority may have concerning—

(i) current, anticipated or previous significant effects on the environment, or on a European site associated with the development that is the subject of the application or the site where the development took place or is proposed to take place and, if relevant, the area surrounding or near the development or site, or

(ii) any remedial measures recommended or undertaken;

(f) the opinion, including reasons therefor, of the chief executive of the planning authority as to—

(i) whether or not permission should be granted for the development, and

(ii) the conditions, if any, that should be attached to any grant of permission.

(3) The chief executive of the appropriate planning authority shall, before any report of the planning authority in relation to a proposed development is submitted to the Commission under subsection (1), submit the report to the members of the planning authority and seek the views of the members on the proposed development.

(4) (a) The members of the appropriate planning authority may, by resolution, decide to attach recommendations specified in the resolution to the report of the planning authority.

(b) Where the members pass a resolution under paragraph (a) the recommendations specified in that resolution (together with the meetings administrator’s record) shall be attached to the report submitted to the Commission under subsection (1).

(c) In this subsection “the meetings administrator’s record” means a record prepared by the meetings administrator (within the meaning of section 46 of the Local Government Act 2001 ) of the views expressed by the members on the proposed development.

(5) Subject to subsection (4) of section 115 , in addition to the report referred to in subsection (1), the Commission may, where it considers it necessary to do so, require the appropriate planning authority or any planning authority on whose functional area the proposed development would have a significant effect to furnish to the Commission such information as it may specify in relation to—

(a) the implications of the proposed development for proper planning and sustainable development in the functional area concerned,

(b) the likely effects of the proposed development on the environment, or

(c) where the proposed development is or includes maritime development, the implications of the proposed development for maritime spatial planning.

Procedural powers of Commission

122. (1) Any person may, upon payment of such fee as is payable in accordance with section 381 , make a submission in writing to the Commission in relation to an application for permission for Chapter 4 development.

(2) A submission under subsection (1) shall be made in such manner and within such period as may be prescribed.

(3) Without prejudice to paragraph (a) of subsection (2) of section 217 and before determining an application for permission for Chapter 4 development the Commission may, in such manner and within such period as may be prescribed—

(a) request that the applicant submit further information to the Commission, where in the opinion of the Commission that information is necessary to enable it to determine the application,

(b) request that the applicant submit revised particulars, plans or drawings in relation to the development, where the Commission is considering granting permission subject to the applicant complying with that request,

(c) request that further submissions be made to it, within such period as may be prescribed, by the applicant, any person who made submissions, or any other person who may, in the opinion of the Commission, have information which is relevant to the determination of the application,

(d) where the application relates to proposed development which comprises or is for the purposes of an activity for which—

(i) an industrial emissions licence,

(ii) an integrated pollution control licence,

(iii) a waste licence,

(iv) a waste water discharge licence, or

(v) an abstraction licence,

is required, request the Environmental Protection Agency to make submissions in relation to the proposed development,

(e) without prejudice to subsection (6), notify any person or the public that information relating to the application is available for inspection and, if it considers appropriate, invite further submissions to be made to it within such period as it may specify,

(f) hold meetings with the applicant or any other person where it appears to the Commission to be necessary or expedient to do so for the purpose of—

(i) determining the application, or

(ii) resolving any issue with the application or any disagreement between the applicant and any other person, including resolving any issue or disagreement in advance of an oral hearing,

(g) hold an oral hearing in accordance with sections 369 and 370 .

(4) Where the Commission holds a meeting in accordance with paragraph (f) of subsection (3), it shall keep a written record of the meeting.

(5) The Commission, or an employee of the Commission duly authorised by the Commission, may appoint a person to hold a meeting referred to in paragraph (f) of subsection (3).

(6) Where the Commission receives—

(a) a submission under subsection (1) or pursuant to a request under paragraph (c) or (d) of subsection (3),

(b) further information or revised particulars, plans or drawings pursuant to a request under subsection (3), or

(c) submissions or further information under any other provision of this Act or regulations under this Act or pursuant to a request under any such provision,

(ii) notify the applicant that the applicant is required to give notice (in such manner and within such period as may be prescribed) to the public—

(I) that the additional material information is available for inspection,

(II) of the address of the place where the additional information may be inspected, and

(III) that the public are entitled to make submissions in relation to the additional material information within such period as may be prescribed.

(7) (a) Where an applicant for permission fails to comply with a request under paragraph (a) of subsection (3) within such period as may be prescribed, the Commission may treat the application for permission as having been withdrawn.

(b) Where an applicant for permission fails to comply with a request under paragraph (b) or (c) of subsection (3) within such period as may be prescribed, the Commission may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) continue to determine the application without further notice to the applicant.

(c) Where an applicant for permission fails to comply with a requirement referred to in paragraph (b) of subsection (6) within such period as may be prescribed, the Commission may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) treat the application for permission as having been withdrawn.

Decision of Commission

123. (1) Subject to this Part and Part 6, the Commission may, in respect of an application for permission for Chapter 4 development, decide to—

(a) grant the permission, subject to such conditions (if any) as it may decide to attach under section 87 ,

(b) grant the permission, subject to—

(i) such modifications to the development or proposed development as it may specify, and

(ii) such conditions (if any) as it may decide to attach under section 87 ,

(i) such modifications to that part as it may specify, and

(ii) such conditions (if any) as it may decide to attach under section 87 ,

(d) refuse to grant the permission.

(2) The Commission shall, in addition to any conditions that it may decide to attach to a grant of permission in accordance with subsection (1), attach the following conditions to a grant of permission for Chapter 4 development where the application for permission concerned is an application to which an opinion under section 119 applies:

(a) a condition requiring that each aspect of the proposed development concerned in respect of which confirmation has not yet been given to the Commission—

(ii) fall within such range specified in the statement included with the application for permission in accordance with the undertaking referred to in the said subparagraph (iv),

and

(b) a condition requiring the applicant for permission to inform the appropriate planning authority in writing of particulars of the aspect of the proposed development concerned (that has not yet been confirmed) before—

(i) the date of the commencement of the part of the proposed development to which that aspect relates, or

(ii) such earlier date as may be prescribed.

(3) When making its decision in relation to an application for permission for Chapter 4 development, the Commission may consider any relevant information before it or any other matter to which, by virtue of this Act, it can have regard.

(4) Where an application for permission for Chapter 4 development relates to proposed development that consists, or is for the purpose, of an activity for which—

(a) an industrial emissions licence,

(b) an integrated pollution control licence,

(d) a waste water discharge licence, or

(e) an abstraction licence,

is required (whether or not such licence or authorisation has been granted), the Commission may decide to refuse to grant the permission if it is satisfied that the proposed development would not be consistent with objectives of maritime spatial planning or principles of proper planning and sustainable development.

(5) Where an application for permission for Chapter 4 development relates to proposed development that consists, or is for the purposes, of an activity for which—

(a) an industrial emissions licence,

(b) an integrated pollution control licence,

(d) a waste water discharge licence, or

(e) an abstraction licence,

is required, the Commission may, in respect of that development, decide to refuse to grant the permission where the Commission considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development would be situated.

Decision on application for permission for development in material contravention of certain plans

124. (1) (a) Where an application for permission is made under this Chapter for development or proposed development that—

(i) is situated or proposed to be situated wholly or partly on land, and

(ii) materially contravenes, or would materially contravene, the development plan for the functional area of any planning authority,

the Commission shall, subject to subsection (2), refuse to grant permission under section 123 .

(b) Where an application for permission is made under this Chapter for development or proposed development that—

(i) is situated or proposed to be situated wholly or partly in the maritime area, and

(ii) that materially contravenes, or would materially contravene, the National Marine Planning Framework or maritime spatial plan,

the Commission shall, subject to subsection (3), refuse to grant permission under section 123 .

(2) The Commission may grant permission for development referred to in paragraph (a) of subsection (1), if it is satisfied that—

(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government,

(b) the development plan contains objectives that conflict with one another or that are ambiguous with regard to their application to the development or proposed development, or

(c) the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Statement or the relevant regional spatial and economic strategy as deal with the matter dealt with by provisions of the development plan to which the material contravention concerned applies.

(3) The Commission may grant permission for development referred to in paragraph (b) of subsection (1), if it is satisfied that—

(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government, or

(b) the National Marine Planning Framework contains objectives that conflict with one another or that are ambiguous with regard to their application to the development or proposed development.

Notification of decisions of Commission under Chapter

125. (1) The Commission shall give notice of its decision under section 123 in such form and manner as may be prescribed.

(2) (a) A decision made under section 123 and the notice of the decision under this section shall—

(i) state the main reasons for the decision and the main considerations on which the decision is based,

(ii) where conditions are attached to the grant of any permission, state the main reasons for the attachment of any such conditions,

(iii) where the Commission decides to grant a permission in accordance with subsection (2) or (3) of section 124 , state the main reasons for deciding to grant permission for development that materially contravenes the development plan or, as the case may be, the National Marine Planning Framework and the main considerations on which the decision is based,

(iv) where the Commission decides to grant permission in respect of an application for permission that was accompanied by an environmental impact assessment report—

(I) state that the Commission is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision to grant permission was made, and

(II) include a summary of—

(A) the outcome of any consultations that took place for the purposes of the environmental impact assessment,

(B) the information collected for the purposes of the environmental impact assessment,

(D) the manner in which that outcome, that information and any such submissions were taken account of in the making of the decision,

and

(v) specify any sum required to be paid by the applicant for permission under section 127 .

(b) Where a decision made under section 123 does not follow any recommendation in a report of an inspector assigned to report on the application concerned, the notice under paragraph (a) shall state the main reasons for not following the recommendation in the report.

(3) The requirements of this section are without prejudice to any notification requirements under Part 6 .

(4) A grant of permission shall be made as soon as may be after the making of the relevant decision under section 123 .

(5) Particulars of the decision of the Commission under section 123 shall be entered in the register.

(6) Where the requirements of subsection (2) or (3) of section 124 in regard to the material contravention of a development plan have been complied with, the Commission shall notify the appropriate planning authority of that fact and a statement of that fact shall be entered in the register.

(7) The Commission shall, when giving notice of a decision under this section—

(b) comply (if it has not already done so) with subsection (13) of section 219 where the Minister issued a notice under subsection (10) or (11) of that section in relation to the development or proposed development to which the decision applies,

(c) comply (if it has not already done so) with paragraph (b) of subsection (8), and subsection (16), of section 221 , where the Minister issued a notice under subsection (12), (13), (14) or (15) of that section in relation to the development or proposed development to which the decision applies, and

(d) comply (if it has not already done so) with subsection (8) of section 236 where an environmental impact assessment was carried out in relation to the development or proposed development to which the decision applies.

Time limit for decision of Commission

126. (1) The Commission may, at any time after the latest date specified in any notice or invitation to make submissions with respect to the application under any provision of this Act or the regulations, make a decision under section 123 on the application.

(2) The Commission shall make a decision under section 123 in relation to an application for permission for Chapter 4 development before the expiration of—

(a) the relevant period, or

(b) such longer period from the date of the application as the applicant may consent to in accordance with subsection (3).

(3) Where, prior to the making of an application for permission for Chapter 4 development, or within the relevant period, the applicant gives to the Commission the applicant’s consent in writing to the extension of the relevant period—

(a) the period for making a decision under section 123 in relation to the application shall be extended for the period consented to by the applicant, and

(b) the Commission shall publish a notice on its website stating the period as extended and the reasons for the extension of the period.

(4) Provision may be made by regulations for time periods that are to be disregarded in reckoning any period of time for the purpose of subsection (2).

(5) (a) Where the Commission fails to make a decision under section 123 in relation to an application for permission for Chapter 4 development within the relevant period, or such further period as is consented to under subsection (3), it shall—

(i) determine the application notwithstanding that the period has expired,

(ii) notify the applicant of—

(I) the reasons why it has not made a decision within that period,

(II) the period within which it will make a decision (which shall not exceed 6 weeks, or such longer period as the applicant may consent to in accordance with subsection (3), from the date of the expiration of the relevant period),

and

(iii) publish a notice on an internet website maintained by or on behalf of the Commission of the reasons and period referred to in subparagraph (ii).

(b) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (a), to make a decision in relation to an application for permission for Chapter 4 development, it shall—

(i) determine the application notwithstanding that the period has expired,

(ii) notify the applicant of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed 6 weeks from the date of the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on an internet website maintained by or on behalf of the Commission of—

(I) the reasons and period referred to in subparagraph (ii), and

(II) the sum paid to the applicant in accordance with subparagraph (iv),

and

(iv) pay to the applicant a sum equal to such proportion of the fees paid to the Commission as may be prescribed.

(c) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b), to make a decision on an application for permission for Chapter 4 development, it shall—

(i) determine the application notwithstanding that the period has expired,

(ii) notify the applicant of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed one week from the date of the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on an internet website maintained by or on behalf of the Commission of the reasons and period referred to in subparagraph (ii), and

(d) The Minister may, upon receiving a notification under subparagraph (iv) of paragraph (c), request the Office of the Planning Regulator to—

(i) conduct a review of the performance by the Commission of its functions under this Act, and

(ii) prepare, and submit to the Minister (within such period as the Minister shall specify), a report in relation to that review.

(6) Any sum payable under this section shall be paid not later than 4 weeks after the expiration of the relevant period applicable to the application.

(7) A failure by the Commission, in making a decision under section 123 in relation to an application, to comply with a time period specified in this section shall not invalidate the decision.

(8) Where the Minister considers it necessary or expedient that decisions under section 123 , in relation to applications of a particular class or classes, be determined as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development, by reason of their being of special strategic, economic or social importance to the State, he or she may give a direction to the Commission to give priority to the making of such decisions, and the Commission shall comply with any such direction.

(9) Each report made under section 522 shall—

(a) contain a statement of—

(i) the number of applications for permission for Chapter 4 development in relation to which the Commission has made a decision under section 123 , and

(ii) the number of those decisions which were made within—

(I) the relevant period,

(II) the period between the end of the relevant period and the end of any extended period under subsection (3),

(III) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (5),

(IV) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (5),

(V) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (5),

during the period to which the report relates,

(b) contain a statement of—

(i) the number and the aggregate amount of all sums (if any) payable, and the number and the aggregate amount of all such sums paid, by the Commission in accordance with subparagraph (iv) of paragraph (b) of subsection (5), and

(ii) the number of notifications under subsection (5),

and

(c) such other information as to the time within which decisions are made by the Commission under section 123 as the Minister may direct.

(10) In this section “relevant period” means—

(a) in relation to an application for permission for Chapter 4 local authority development or Chapter 4 state authority development—

(i) 26 weeks from the date by which all submissions in relation to the proposed development are required to be given to the Commission in accordance with this Part and Part 6 ,

(ii) where the Commission makes a request or more than one request for further information under subsection (3) of section 122 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 12 weeks from the earlier of the following dates—

(I) the date by which the request or requests, as the case may be, is or are fully complied with,

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

(iii) where subsection (6) of section 122 applies, 12 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of that subsection, or

(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

(b) in relation to an application for permission for Chapter 4 maritime development situated in the nearshore areas of more than one coastal planning authority—

(i) 18 weeks from the date by which all submissions in relation to the proposed development are required to be given to the Commission in accordance with this Part and Part 6,

(I) the date by which the request or requests, as the case may be, is or are fully complied with,

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

(iii) where the Commission makes one or more than one such request and subsection (6) of section 122 applies to the request or requests concerned, 6 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of that subsection in relation to the request or requests concerned, or

(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

(i) 48 weeks from the date by which all submissions in relation to the proposed development are required to be given to the Commission in accordance with this Part and Part 6 ,

(ii) where the Commission makes a request or more than one request for further information under subsection (3) of section 122 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 20 weeks from the earlier of the following dates—

(I) the date by which the request or requests, as the case may be, is or are fully complied with,

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

(iii) where subsection (6) of section 122 applies, 12 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of that subsection,

(d) in relation to an application under this Chapter in respect of which an oral hearing is held under subsection (3) of section 122 , 12 weeks from the date of the conclusion of the oral hearing, or

(e) where more than one of the foregoing provisions of this subsection applies, the period specified in those provisions that expires last.

Reimbursement of Commission by applicant for permission

127. (1) The Commission may require an applicant for permission for Chapter 4 development to pay the Commission a sum equal to the expenses incurred by the Commission—

(a) in the conduct of a consultation with the applicant under section 116 ,

(b) in acceding to a request by the applicant for an opinion under section 233 , or

and that sum shall be recoverable by the Commission in any court of competent jurisdiction as a simple contract debt.

(2) The Commission may require an applicant for permission for Chapter 4 development to pay to any person (including a planning authority) a sum equal to the expenses incurred by that person in the performance by that person of any functions, or the doing by that person of any act, necessary for the effective performance by the Commission of its functions in relation to the application for that permission, and that sum shall be recoverable by that person in any court of competent jurisdiction as a simple contract debt.

(3) An applicant for permission for Chapter 4 development shall comply with a requirement under this section.

Additional provisions relevant to strategic gas infrastructure development and electricity transmission infrastructure development

128. (1) Where the proposed development to which an application to the Commission for permission for Chapter 4 development relates comprises or is for the purposes of strategic gas infrastructure development, the Commission shall request the Commission for Regulation of Utilities (in this section referred to as the “CRU”) to make observations on safety or operational matters including any relevant safety advice or to make specific recommendations which the CRU considers appropriate within such period as may be specified (which period shall not be less than 3 weeks from the date of the request).

(2) Where the Commission is considering not accepting the observations or any recommendation of the CRU it shall give notice of that fact and of the reasons therefor to, and consult with the CRU, and the Commission shall request the CRU to respond not later than the end of the period of 3 weeks beginning on the date of the giving of notice under this subsection.

(3) The Commission shall consider any response given by the CRU to a request under subsection (1) before it makes a decision under section 123 in relation to the application.

(4) Where the Commission, in deciding to grant permission for a proposed development under section 123 , or to refuse permission for a proposed development under that section, does not follow the observations or any recommendations of the CRU or part thereof, it shall give reasons.

(5) In making observations on safety or operational matters including any relevant safety advice or specific recommendations which the CRU considers appropriate under this section, the CRU may, without prejudice to the generality of the entitlement to make such observations, refer to such matters as it considers appropriate, including—

(a) a LPG and natural gas safety regulatory framework established under subsection (1G) of section 9 of the Act of 1999,

(b) a risk-based petroleum safety framework established under section 13I of the Act of 1999,

(d) safety case guidelines prepared under section 13L of the Act of 1999,

(e) a safety case within the meaning of subsection (1) of section 13A of the Act of 1999,

(f) a revised safety case within the meaning of subsection (1) of section 13A of the Act of 1999,

(g) a safety permit issued under section 13P of the Act of 1999,

(h) an improvement notice served under section 9JB of the Act of 1999,

(i) an improvement notice served under section 13Z of the Act of 1999,

(j) a prohibition notice served under section 9JC of the Act of 1999,

(k) a prohibition notice served under section 13AA of the Act of 1999,

(l) safety standards, guidelines and codes of practice referred to in the framework established under subsection (1G) of section 9 of the Act of 1999,

(m) safety standards referred to in guidelines issued under section 13L of the Act of 1999,

(n) standards and codes of practice referred to in paragraph (c) of subsection (3) of section 13L of the Act of 1999,

(o) conditions relating to licences issued under both subsection (1) of section 16 of the Gas (Interim) (Regulation) Act 2002 and section 9JE of the Act of 1999,

(p) conditions relating to petroleum authorisations within the meaning of subsection (1) of section 13A of the Act of 1999, and

(q) international safety practices and international safety learning.

(6) An application for permission for Chapter 4 development referred to in subsection (1) shall, if the proposed development to which the application relates will consist of or include a pipeline, be accompanied by a certificate in relation to the pipeline provided under section 26 of the Gas Act 1976 or section 20 of the Gas (Amendment) Act 2000 by—

(a) in the case of a strategic upstream gas pipeline, the Minister for Environment, Climate and Communications, or

(b) in the case of a strategic downstream gas pipeline, the CRU.

(7) Subject to subsection (8), where the proposed development to which an application to the Commission for permission for Chapter 4 development relates comprises or is for the purposes of strategic gas infrastructure development or electricity transmission infrastructure development, the Commission may grant an exemption from a requirement to prepare an environmental impact assessment report in respect of the proposed development if it is satisfied that—

(a) exceptional circumstances so warrant,

(b) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and

(8) No exemption may be granted in respect of proposed development under subsection (7) where another Member State of the European Union or a state which is a party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it wishes to furnish views on those effects.

Applications for retrospective consent

129. (1) An application for retrospective consent shall be subject, in addition to the foregoing provisions of this Chapter, to the additional requirements in this section, sections 130 , 131 , 132 and 133 and Chapters 3 and 4 of Part 6 .

(2) Where an application for retrospective consent is made in respect of development that includes development for which permission has been granted, that application may be made in relation to—

(a) that part of the development permitted under the permission which has been carried out at the time of the application, or

(b) subject to subsection (3), that part of the development referred to in paragraph (a) and all or part of the development permitted under the permission which has not yet been carried out at the time of the application.

(3) (a) Where a person applies under this Chapter for retrospective consent for development, that person may also include in the application an application for permission for the following:

(i) other development on the same land or maritime site on which the development that is the subject of the application for retrospective consent is situated;

(ii) other development on land or a maritime site adjoining the land or maritime site on which the development that is the subject of the application for retrospective consent is situated.

(b) Development referred to in subparagraph (i) or (ii) of paragraph (a) is not required to be the same class or description as, the development that is the subject of the application for retrospective consent referred to in that paragraph.

(4) Any environmental impact assessment report (whether submitted with the application or following a screening determination by the Commission under Chapter 4 of Part 6 ) shall be submitted in respect of the entire development, including any part of the development that has not been carried out at the time of the application.

(5) Any Natura impact statement (whether submitted with the application or following a determination by the Commission under section 212 ) shall be submitted in respect of the entire development, including any part of the development that has not been carried out at the time of the making of the application.

(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal—

(a) the said section 37L,

(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and

shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022 , continue to apply and have effect for the purpose of that application.

(7) Where an application for substitute consent under section 177E of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision under section 177K in relation to the development to which the application related before such repeal, Part XA shall, notwithstanding that repeal and subject to subsection (12) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022 , continue to apply and have effect for the purpose of that application.

Submissions on applications for retrospective consent

130. (1) Without prejudice to any other public notice requirements under this Act, an applicant for retrospective consent shall give public notice, in such manner and within such period as may be prescribed—

(a) of the making of the application, and

(b) that the public are entitled to make submissions to the Commission on the application (including submissions as to the existence or absence of exceptional circumstances justifying a grant of retrospective consent) in such manner and within such period as may be prescribed.

(2) Any person (other than the applicant) or a planning authority may make submissions in writing (including submissions as to the existence or absence of exceptional circumstances justifying a grant of retrospective consent) to the Commission in relation to an application for retrospective consent.

(3) A submission under subsection (2) shall be made in such manner and within such period as may be prescribed.

Decision on application for retrospective consent

131. (1) The Commission shall not decide to grant retrospective consent under section 123 (whether subject to conditions or not), unless it is satisfied in accordance with section 135 that exceptional circumstances exist that justify the grant of such consent.

(2) Before deciding whether to grant retrospective consent under section 123 , the Commission shall, in addition to consideration of the matters to which it is required to have regard pursuant to this Act, also consider the significant effects on the environment, or on a European site, that have occurred, are occurring or could reasonably be expected to occur by reason of the development that is the subject of the application for retrospective consent having been carried out.

(3) Where the Commission decides to grant retrospective consent under section 123 , the Commission shall, in the decision and the notice of the decision under section 125 , state the main reasons for being satisfied under subsection (1) that exceptional circumstances exist that justify the grant of the consent.

(4) Where an applicant for retrospective consent also applies for permission for development under subparagraph (i) or (ii) of paragraph (a) of subsection (3) of section 129 , the Commission shall not grant permission for that development unless it also grants the retrospective consent.

(5) Where the Commission decides to grant retrospective consent under section 123 , the Commission may, in addition to such conditions as may be attached under section 87 , attach conditions requiring the taking of measures to remedy any significant adverse effects on the environment of the development and fixing a time within which such measures are to be taken.

Applications for retrospective consent: direction to cease

132. (1) Where the Commission has received an application for retrospective consent made in accordance with section 120 and is considering that application, it may serve on the applicant a draft direction requiring the applicant to cease, within the period specified in the draft direction, all or part of the applicant’s activity or operations on or at the site of the development the subject of the application, pending the determination of the application.

(2) The applicant may make a submission to the Commission in relation to the draft direction before the end of the period of 2 weeks beginning on the date of receipt of the draft direction as to the reasons why, in the applicant’s opinion, the draft direction should not be confirmed, having regard to the likely significant effects or lack of significant effect on the environment or on European sites should activity or operations continue pending the determination of the application.

(3) The Commission shall consider any submission submitted to it under subsection (2) and may do one of the following:

(a) serve notice on the applicant confirming the draft direction;

(b) give a direction to the applicant varying the draft direction (a “varied direction”);

and shall send a copy of the direction as confirmed, or varied direction, to the appropriate planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be.

(4) Particulars of the giving, variation or withdrawal of a direction under this section shall be entered in the register.

(5) A person who fails to comply with—

(a) a direction as confirmed by a notice served on the person, or

(b) a varied direction given to the person,

by the Commission under subsection (3) within the time specified in the direction shall be guilty of an offence.

Refusal of retrospective consent: direction by Commission to take remedial measures

133. (1) Where the Commission decides under section 123 to refuse to grant retrospective consent, it may serve a draft direction on the applicant concerned requiring the applicant to cease all activities and operations and take such remedial measures, within the period specified in the draft direction, as the Commission considers are necessary—

(a) to restore the site on or at which the development to which the application relates is situated, to a safe and environmentally sustainable condition, or

(b) to avoid, in a European site, the deterioration of natural habitats and the habitats of species or the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant having regard to the objectives of the Habitats Directive.

(2) A draft direction referred to in subsection (1) shall give the reasons why the Commission considers that the specified remedial measures are necessary and shall inform the applicant on whom the draft direction is served that the applicant may make submissions to the Commission in relation to the draft direction before the end of the period of 4 weeks beginning on the date of service of the draft direction.

(3) Where the Commission serves a draft direction on an applicant under subsection (1), it shall at the same time send a copy of the draft direction to the appropriate planning authority and shall inform the planning authority that it may make submissions to the Commission in relation to the draft direction before the end of the period of 4 weeks beginning on the date of service of the draft direction.

(4) A draft direction served under subsection (1) shall require the person on whom the draft direction is served—

(a) to take the remedial measures specified in the draft direction,

(b) to keep records of the remedial measures being carried out in accordance with the draft direction,

(c) to carry out the remedial measures in such order, specified in the draft direction, as the Commission considers appropriate,

(d) to comply with any requirements relating to monitoring and inspection, by the appropriate planning authority, of the remedial measures specified in the draft direction, and

(e) to carry out the remedial measures within the period of time specified in the draft direction.

(5) The Commission shall consider any submissions in relation to the draft direction made to it, before the end of the period of 4 weeks beginning on the date of service of the draft direction by the applicant to whom the draft direction was issued or the appropriate planning authority and shall, as soon as may be thereafter do one of the following—

(a) serve notice on the applicant confirming the draft direction,

(b) give a direction to the applicant varying the draft direction (a “varied direction”), or

and shall send a copy of the draft direction, as so confirmed or varied to the appropriate planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be.

(6) Particulars of the giving, variation or withdrawal of a draft direction under this section shall be entered in the register.

(7) A person who fails to comply with—

(a) a direction as confirmed by a notice served on the person, or

(b) a varied direction given to the person,

by the Commission under subsection (5) within the period specified in the direction shall be guilty of an offence.

(8) A direction or draft direction under this section shall not require the taking of remedial measures in relation to a development to which subsection (3) of section 353 applies that was carried out more than 7 years before the commencement of this subsection.

(9) Where requirements relating to monitoring and inspection of remedial measures by a planning authority are specified in a direction under this section, the planning authority shall carry out the monitoring and inspection in accordance with the direction.

(10) Notwithstanding the repeal of section 177L of the Act of 2000 by section 6 , that section shall, on and after that repeal, continue to apply and have effect in relation to—

(a) a draft direction under subsection (1) of the said section 177L given before that repeal, or

(b) a direction under subsection (5) of the said section 177L issued before that repeal.

Retrospective consent: enforcement

134. (1) Where a development is being carried out in compliance with a grant of retrospective consent and any condition to which the retrospective consent is subject it shall be deemed to be authorised development.

(2) Where a development has not been or is not being carried out in compliance with a grant of retrospective consent or any condition to which the retrospective consent is subject it shall, notwithstanding any other provision in this Act, be unauthorised development.

(3) Where the Commission decides under section 123 to refuse to grant retrospective consent (other than on the basis that retrospective consent is not required) the development concerned shall, notwithstanding any other provision in this Act, be deemed to be unauthorised development and the appropriate planning authority shall, as soon as may be after receipt of a copy of the decision to refuse consent from the Commission, serve an enforcement notice under section 350 in relation to the development.

(4) Where the Commission has served a direction to cease activities and operations and to take remedial measures under section 133 and the applicant has failed to comply with such a direction, the appropriate planning authority shall, as soon as may be after receipt of a copy of the Commission’s direction, serve an enforcement notice under section 350 requiring the taking of any additional steps as the planning authority considers appropriate.

(5) Land or a maritime site upon which unauthorised development referred to in subsection (2) or in respect of which subsection (4) applies has been carried out shall not be the subject of further applications for permission under this Act, until any remedial action required by a direction served under section 133 is complete.

(6) In subsections (4) and (5), references to a direction served under section 133 are to a draft direction confirmed by notice served, or a varied direction given, under subsection (5) of section 133 .

Exceptional circumstances

135. In considering whether exceptional circumstances exist under subsection (1) of section 131 , the Commission shall have regard to the following:

(a) whether or not regularisation of the development concerned would circumvent the purpose and objectives of the Environmental Impact Assessment Directive or the Habitats Directive;

(b) whether or not the applicant had, or could reasonably have had, a belief that the development was not unauthorised;

(c) whether or not the ability to carry out an assessment of the environmental effects of the development for the purpose of an environmental impact assessment or an appropriate assessment and to provide for public participation in such an assessment has been substantially impaired;

(d) the actual or likely significant effects on the environment or adverse effects on the integrity of a European site resulting from the carrying out or continuation of the development;

(e) the extent to which significant effects on the environment or adverse effects on the integrity of a European site can be remediated;

(f) whether or not the applicant has complied with previous planning permissions granted or has previously carried out an unauthorised development;

(g) such other matters as the Commission considers relevant.

Continued application of section 146B of Act of 2000 for certain purposes

136. Where a request under section 146B of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the request before that repeal, the said section 146B and sections 146C, 146CA and 146D of that Act shall, on and after that repeal, continue to apply and have effect in relation to the request.

Opinion under section 287 of Act of 2000 deemed to be Chapter 4 PAC notification

137. Where an opinion is provided to a prospective applicant (within the meaning of Chapter III of Part XXI of the Act of 2000) under subsection (2) of section 287 of the Act of 2000 but the prospective applicant does not make an application under section 291 of that Act in relation to the development concerned before the repeal of the said section 291 by section 6 , the opinion shall, on and after that repeal, be deemed to be a Chapter 4 PAC notification.

Chapter 5

Alteration, Extension and Revocation of Permission

Interpretation

138. (1) In this Chapter—

“deciding authority” means—

(a) in relation to a permission granted by a planning authority under Chapter 3 or under Part III of the Act of 2000, that planning authority,

(b) in relation to a permission granted by the Commission under Chapter 4, the Commission,

(c) in relation to a permission granted by the Commission under section 109 on appeal from a decision of a planning authority under Chapter 3, that planning authority,

(d) in relation to a permission granted by An Bord Pleanála under Part III of the Act of 2000 otherwise than on appeal from a decision of a planning authority, the Commission,

(e) in relation to a permission granted by An Bord Pleanála under Part III of the Act of 2000 on appeal from a decision of a planning authority, that planning authority, and

(f) in relation to a permission granted by An Bord Pleanála under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , the planning authority in whose functional area the development to which the permission relates is situated or proposed to be situated;

“material alteration” means an alteration or extension of the duration of a permission requested under section 140 —

(a) that requires an appropriate assessment,

(b) that requires an environmental impact assessment,

(c) the request for which is accompanied by an environmental impact assessment report or a Natura impact statement, or both, in respect of the alteration or extension, or

(d) subject to subsection (2), that the deciding authority determines under subsection (7) of section 140 constitutes an alteration of the terms or extension of the duration of the permission that is otherwise material;

“material alteration request” has the meaning it has in subsection (1) of section 143 ;

“permission” includes a permission granted under the Act of 2000 or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 but does not include outline permission within the meaning of section 96 ;

“term” includes, in relation to a permission, a condition attaching to that permission.

(2) Without prejudice to the generality of paragraph (d) of the definition of material alteration in subsection (1), the following matters shall not, for the purposes of that paragraph, be determined to constitute an alteration of the terms or extension of the duration of a permission that is otherwise material—

(a) a correction of a clerical error in the permission,

(b) an alteration of the terms of the permission for the purpose of facilitating the doing of a thing pursuant to the permission, where the doing of that thing may reasonably be regarded as having been contemplated by a particular term of the permission, or its terms as a whole, but was not expressly provided for in the permission, or

Consultation before request under section 140

139. (1) A person may apply for a consultation with the deciding authority prior to making a request under section 140 .

(2) An application under subsection (1) shall be accompanied by—

(a) sufficient information to allow the deciding authority to carry out its functions under this section,

(b) where the deciding authority—

(i) is a planning authority, such fee as may be prescribed, or

(ii) is the Commission, such fee as may be payable under section 381 ,

and

(3) The deciding authority shall enter into the consultation as expeditiously as practicable after the making of an application under subsection (1), unless it is of the opinion that the consultation is unnecessary having regard to the nature and scope of the alteration or extension proposed to be requested under section 140 .

(4) In a consultation the deciding authority may, in addition to consulting with the person who made the application under subsection (1), consult with any person who may in its opinion have information that is relevant for the purposes of the consultation.

(5) In a consultation the deciding authority may do one or more than one of the following:

(a) advise the person who made the application under subsection (1) as to the procedures and requirements under this Act relevant to the making and considering of a request under section 140 ;

(b) in so far as possible, indicate the objectives of the following that may, in the opinion of the deciding authority, have a bearing on its decision:

(i) the development plan, and any applicable urban area plan, priority area plan or coordinated area plan that applies to the land where it is proposed to carry out the proposed development;

(ii) where the request relates to proposed development in the maritime area, the National Marine Planning Framework;

(c) advise the person who made the application under subsection (1) regarding the considerations, related to the following matters, that may, in the opinion of the deciding authority, have a bearing on its decision:

(i) the impact of the proposed development on the environment;

(ii) proper planning and sustainable development;

(iii) where the consultation relates to proposed development in the maritime area or maritime development, maritime spatial planning;

(d) on the request of the person who made the application under subsection (1), provide an opinion to him or her as to the adequacy of the documents intended to be submitted with the request under section 140 .

Request for alteration or extension of permission

140. (1) Subject to subsection (2), a person may—

(a) request the deciding authority to alter the terms of a permission, provided that any part of the development to which the permission relates that has been carried out is in compliance with the permission, or

(b) subject to subsection (13), request the deciding authority to extend the duration of a permission, provided that—

(i) the request is made prior to the date of expiration of the permission, and

(ii) the development to which the permission relates has commenced.

(2) Section 85 shall apply to a request under subsection (1) subject to—

(a) the modification that the references in subsections (1) and (3) of section 85 to an application for permission for land-based development under Chapter 3 or 4 shall be construed as references to a request under subsection (1) to alter or extend the duration of a permission for land-based development,

(b) the modification that the references in subsections (2) and (4) of section 85 to an application for permission for maritime development under Chapter 3 or 4 shall be construed as references to a request under subsection (1) to alter or extend the duration of a permission for maritime development, and

(3) A request under subsection (1) shall specify—

(a) the particulars of the alteration requested,

(b) the period of the extension requested, or

and shall be accompanied by—

(i) sufficient information to allow the deciding authority to assess the request, and

(ii) where the deciding authority—

(I) is a planning authority, such fee as may be prescribed, or

(II) is the Commission, such fee as may be payable under section 381 ,

and

(iii) such documents or information as may be prescribed.

(4) The Minister may prescribe the period prior to the date of expiration of the permission within which a request under paragraph (b) of subsection (1) may be made.

(5) Subject to subsection (6), a request under subsection (1) that is not in accordance with this section or such regulations as are made for the purposes of this section shall be invalid.

(6) Where the deciding authority determines, at any time before the deciding authority makes an alteration of the terms or grants an extension of the duration of a permission under subsection (1) of section 142 or makes a decision under subsection (1) of section 143 in relation to the request, that the request was not made in accordance with this section or regulations made for the purposes of this section then—

(a) if it is satisfied that the failure to make the request in accordance with those enactments—

(i) has not resulted in any failure to comply with any requirement under this Act to give public notice of the request, and

(ii) has not otherwise materially affected the ability of the deciding authority to determine the request, or carry out any appropriate assessment or environmental impact assessment in relation to the request,

it shall treat the request as valid, or

(b) if it is not satisfied with regard to the matters referred to in subparagraphs (i) and (ii) of paragraph (a), it shall treat the request as invalid and declare it to be so.

(7) Where an alteration or extension requested under subsection (1) is not a material alteration within the meaning of paragraph (a), (b) or (c) of the definition of material alteration in section 138 , the deciding authority shall, as soon as practicable after the making of the request, determine whether the alteration or extension is a material alteration within the meaning of paragraph (d) of that definition.

(8) Before making a determination under subsection (7), the deciding authority may invite submissions on the alteration or extension to be made to it in writing by such person or class of person, including the public, as the deciding authority considers appropriate, and the deciding authority shall have regard to such submissions in making the determination.

(9) A deciding authority shall give notice, in such form and manner as may be prescribed, that a request under subsection (1) is a material alteration request to—

(a) the person who made the request, and

(b) any person who made submissions under subsection (8).

(10) Following receipt of a notice under subsection (9), the person who made the request shall comply with such requirements to give notice of the request to the public as may be prescribed.

(11) Where the deciding authority is the Commission, it shall notify the following of the receipt of a request under subsection (1):

(a) where the permission relates primarily to land, the planning authority in whose functional area the development the subject of the permission is situated or proposed to be situated;

(b) where the permission relates primarily to a maritime site, the Maritime Area Regulatory Authority.

(12) Particulars of a request under subsection (1) shall be entered in the register.

(13) Where an application under section 42 of the Act of 2000 was made before the repeal of that section by section 6 but—

(a) the planning authority did not make a decision in relation to the application before such repeal, or

(b) on appeal from a decision of a planning authority under the said section 42, the Board did not make a decision in relation to the appeal before such repeal,

the said section 42 and section 43 of that Act shall, on and after that repeal, continue to apply and have effect in relation to the application.

(14) Notwithstanding the repeal of section 42 of the Act of 2000, effected by section 6 , the said section 42 and section 43 of the Act of 2000 shall, during the period of 3 years commencing on the passing of this Act, continue to apply and have effect in relation to—

(a) a permission granted under the Act of 2000, and

(b) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 .

Limitations on extension of duration of permission

141. (1) The duration of a permission shall not be extended under this Chapter (whether the extension is a material alteration or not) more than once.

(2) Where the duration of a permission is extended under this Chapter, the period of the extension shall be less than or equal to the duration of the permission being extended.

(3) Subject to subsection (2), where the duration of a permission is extended under this Chapter, the period of the extension shall be no longer than the deciding authority considers necessary to enable the development to which the permission relates to be completed.

Non-material alteration of permission

142. (1) Subject to this Part, where an alteration or extension requested under subsection (1) of section 140 is not a material alteration, the deciding authority shall alter the permission, or extend the duration of the permission, as requested.

(2) The deciding authority shall, as soon as practicable after making the alteration or granting the extension under subsection (1), notify the person who made the request under subsection (1) of section 140 of the alteration or extension.

(3) Where the deciding authority is the Commission, it shall notify the following of the alteration or extension:

(a) where the permission relates primarily to land, the planning authority in whose functional area the development the subject of the permission altered or extended is situated or proposed to be situated;

(b) where the permission relates primarily to a maritime site, the Maritime Area Regulatory Authority.

Material alteration of permission

143. (1) Subject to this Part and Part 6 , the deciding authority may, in relation to a request under section 140 to make an alteration or grant an extension that is a material alteration (in this Chapter referred to as a “material alteration request”), decide to—

(a) make the alteration, or grant the extension, subject to such conditions (if any) as may be imposed under section 87 ,

(b) make the alteration or grant the extension, subject to such modifications to the terms of the alteration or to the duration of the extension, as the case may be, as the deciding authority considers appropriate, and such conditions (if any) as may be imposed under section 87 , or

(2) For the purpose of making a decision under subsection (1) the deciding authority shall have regard to any submissions made in accordance with section 144 or 145 , as the case may be.

(3) In making a decision under subsection (1) in relation to a material alteration request to alter or extend a permission for maritime development, the deciding authority shall, in addition to the matters set out in section 86 , have regard to—

(a) any social or economic benefit that would likely accrue to the State or a part of the State by virtue of the making of the alteration or granting of the extension requested,

(b) contractual commitments entered into by the person who made the material alteration request in relation to the development concerned, and

(4) A deciding authority shall give notice of a decision under subsection (1) in such form and manner, and to such persons, as may be prescribed.

(5) A notice under subsection (4) shall—

(a) state the main reasons and considerations for the decision,

(b) state the main reasons for the imposition of any conditions under section 87 ,

(c) where the deciding authority decides to make an alteration or grant an extension in accordance with section 148 , state the main reasons and considerations for the decision in material contravention of the development plan or National Marine Planning Framework, as the case may be,

(d) where a decision is made to alter or extend a permission and an environmental impact assessment is required—

(i) state that the deciding authority is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision was made, and

(ii) include a summary of—

(I) the outcome of any consultations that took place for the purposes of the environmental impact assessment,

(II) the information collected for the purposes of the environmental impact assessment,

(III) submissions (if any) received from a Transboundary Convention state, and

(IV) the manner in which the outcome, the information and such submissions were taken account of in the making of the decision,

and

(e) where the decision does not follow a recommendation in a report prepared by a person assigned to report on the material alteration request on behalf of the deciding authority, specify the main reasons for not following the recommendation.

(6) Where the deciding authority is—

(a) a planning authority, subsection (4) of section 100 shall apply as if the notice of a decision referred to in that subsection were a notice of a decision referred to in subsection (4), or

(b) the Commission, subsection (7) of section 125 shall apply as if the notice of a decision referred to in that subsection were a notice of a decision referred to in subsection (4).

(7) An appeal may be made under Chapter 3 against a decision of a planning authority under subsection (1) as if the decision was a decision under section 98 , and Chapter 3 shall apply accordingly for the purposes of such an appeal, subject to the following modifications—

(a) any such appeal shall be confined to an appeal regarding the alteration or extension requested, and references to the development or proposed development shall be construed as references to the alteration or extension requested,

(b) a reference to a decision of the planning authority under section 98 , shall be construed as a reference to the decision of the planning authority under subsection (1),

(c) a reference to a decision granting permission or a decision to grant permission shall be construed as a reference to a decision to make an alteration or grant an extension of the duration of the permission under subsection (1), as the case may be,

(d) a reference to a decision refusing permission or a decision to refuse to grant permission shall be construed as a reference to a decision to refuse to make an alteration or grant an extension of the duration of the permission under subsection (1),

(e) a reference to an applicant for permission shall be construed as a reference to the person who made the request referred to in subsection (1),

(f) a reference to a planning application or application for permission shall be construed as a reference to the request referred to in subsection (1), other than in subsection (3) of section 109 where the reference to the “application for permission concerned” shall be construed as a reference to the application for permission the subject of the request referred to in subsection (1),

(g) paragraph (b) of subsection (4) of section 103 , and subsections (5) and (6) of section 103 shall not apply,

(h) in section 109 , a reference to modifications to the proposed development shall be construed as modifications to the alteration or modifications to the extension the subject of the request referred to in subsection (1),

(i) in section 110 , a reference to section 99 shall be construed as a reference to section 148 , and the reference to subsection (3) of section 99 , shall be construed as a reference to subsection (4) of section 148 , and

(j) all other necessary modifications.

(8) (a) Where—

(i) a planning authority decides to make an alteration or grant an extension under subsection (1),

(ii) the decision concerned is not appealed under subsection (7), and

(iii) no application for leave to appeal the decision under this Part is made,

the planning authority shall make the alteration or grant the extension as soon as may be after the expiration of the period for the bringing of an appeal from the decision.

(b) Where—

(i) a planning authority decides to make an alteration or grant an extension under subsection (1),

(ii) the decision is appealed under subsection (7) or an application for leave to appeal the decision under this Part is made, and

(iii) the appeal or application for leave to appeal is withdrawn, or dismissed or refused by the Commission,

the planning authority shall make the alteration or grant the extension as soon as may be after the withdrawal, dismissal or refusal, and where more than one appeal from the decision is brought or more than one such application is made, the planning authority shall not make the alteration or grant the extension unless and until all such appeals or applications are so withdrawn, dismissed or refused.

(i) a planning authority decides to make an alteration or grant an extension under subsection (1), and

(ii) on appeal under subsection (7) from the decision, the Commission gives a direction under section 112 ,

the planning authority shall make the alteration or grant the extension as soon as may be after the date of the direction.

(9) Where the deciding authority is the Commission and it decides to make an alteration or grant an extension under subsection (1), it shall make the alteration or grant the extension as soon as practicable after the making of the decision.

(10) Where the deciding authority is the Commission, it shall notify the planning authority in whose functional area the development the subject of the permission altered or extended is situated or proposed to be situated of the alteration or extension.

(11) Particulars of the making of an alteration or granting of an extension under section 142 or this section, or by the Commission on an appeal under subsection (7), and, where applicable, of compliance with the requirements of section 148 , shall be entered in the register.

Procedural powers of planning authority in relation to material alteration request

144. (1) Where the deciding authority is a planning authority, any person may, upon payment of the prescribed fee, make a submission in writing to a planning authority in relation to a material alteration request, in such manner and within such period as may be prescribed.

(2) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 and before making a decision on a material alteration request, a planning authority may request the person who made the material alteration request to submit, in such manner and within such period as may be prescribed—

(a) further information to the planning authority where, in the opinion of the planning authority, that information is necessary to enable it to make the decision, or

(b) revised particulars, plans or drawings in relation to the development or proposed development, where the planning authority is considering making the alteration or granting the extension subject to the person submitting such revised particulars, plans or drawings.

(3) Without prejudice to subsection (1) of section 235 , where the planning authority receives submissions, further information, or revised particulars, plans or drawings under subsection (1) or (2), or any other provision of this Act or regulations under this Act that it considers contain or contains additional material information (including information in relation to the effect of the proposed development on a European site or otherwise on the environment), it shall—

(a) make the additional material information available to the public for inspection (to the extent that such information is not already available to the public) in such manner and within such period as may be prescribed, and

(b) notify the person who made the material alteration request that he or she is required to give notice (in such manner and within such period as may be prescribed) to the public—

(i) that the additional material information is available for inspection,

(ii) of the place where the additional material information may be inspected, and

(iii) that the public are entitled to make submissions in relation to the additional material information within such period as may be prescribed.

(4) Where the person who made the material alteration request fails to submit the further information in accordance with paragraph (a) of subsection (2) or fails to comply with a requirement under paragraph (b) of subsection (3) within such period as may be prescribed, the material alteration request shall be deemed to have been withdrawn.

(5) Where the person who made the material alteration request fails to submit the revised particulars, plans or drawings referred to in paragraph (b) of subsection (2) within such period as may be prescribed, the planning authority may—

(a) extend that period, where it considers it appropriate to do so, or

(b) without further notice to the person, consider, and perform its functions in relation to, the material alteration request as if the person had not been requested to submit the revised particulars, plans or drawings under paragraph (b) of subsection (2).

Procedural powers of Commission in relation to material alteration request

145. (1) Where the deciding authority is the Commission, any person may, upon payment of such fee as is payable in accordance with section 381 , make a submission in writing to the Commission in relation to a material alteration request, in such manner and within such period as may be prescribed.

(2) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 , before making a decision on a material alteration request, the Commission may, in such manner and within such period as may be prescribed—

(a) request the person who made the material alteration request to submit further information to the Commission, where in the opinion of the Commission that information is necessary to enable it to make the decision,

(b) request the person who made the material alteration request to submit revised particulars, plans or drawings in relation to the development, where the Commission is considering making the alteration or granting the extension under section 143 subject to the person submitting such revised particulars, plans or drawings,

(c) request that further submissions be made to it, within such period as may be prescribed, by the person who made the material alteration request, any person who made submissions, or any other person who may, in the opinion of the Commission, have information which is relevant to the decision,

(d) where a material alteration request relates to development that consists, or is for the purpose, of an activity for which—

(i) an industrial emissions licence,

(ii) an integrated pollution control licence,

(iii) a waste licence,

(iv) a waste water discharge licence, or

(v) an abstraction licence,

is required, request the Environmental Protection Agency to make submissions in relation to the proposed material alteration,

(e) without prejudice to subsection (5), make any information relating to the material alteration request available for inspection, notify any person or the public that the information is so available and, if it considers appropriate, invite further submissions to be made to it within such period as it may specify,

(f) hold meetings with the person who made the material alteration request or any other person where it appears to the Commission to be necessary or expedient to do so for the purpose of—

(i) making the decision, or

(ii) resolving any issue with the material alteration request or any disagreement between the person who made the material alteration request and any other person, including resolving any issue or disagreement in advance of an oral hearing,

(g) hold an oral hearing in accordance with sections 369 and 370 .

(3) Where the Commission holds a meeting in accordance with paragraph (f) of subsection (2), it shall keep a written record of the meeting.

(4) The Commission, or an employee of the Commission duly authorised by the Commission, may appoint a person to hold a meeting referred to in paragraph (f) of subsection (2).

(5) Where the Commission receives submissions, further information, or documents under subsection (1) or (2), or any other provision of this Act or regulations under this Act, that it considers contain or contains additional material information, including information in relation to the impact of the proposed development on the environment, it shall—

(a) make that additional material information available to the public for inspection (to the extent that such information is not already available for inspection by the public) in such manner and within such period as may be prescribed, and

(b) notify the person who made the material alteration request that he or she is required, in such manner and within such period as may be prescribed, to give notice to the public—

(i) that the additional material information is available for inspection and of the place where it may be inspected, and

(ii) that the public are entitled to make submissions on the additional material information, within such period as may be prescribed.

(6) Where a person who made the material alteration request fails to submit the further information referred to in paragraph (a) of subsection (2) within such period as may be prescribed, the Commission may treat the request as having been withdrawn.

(7) Where a person who made the material alteration request fails to submit the revised particulars, plans or drawings referred to in paragraph (b) of subsection (2) or make the further submissions referred to in paragraph (c) of subsection (2) within such period as may be prescribed, the Commission may—

(a) extend that period, where it considers it appropriate to do so, or

(b) decide the material alteration request without further notice to the person who made the material alteration request.

(8) Where a person who made the material alteration request fails to comply with a requirement referred to in paragraph (b) of subsection (5) within such period as may be prescribed, the Commission may—

(a) extend that period, where it considers it appropriate to do so, or

(b) treat the material alteration request as having been withdrawn.

Time limits for deciding material alteration request where deciding authority is planning authority

146. (1) Where the deciding authority is a planning authority, it shall make a decision under subsection (1) of section 143 in relation to a material alteration request, before the expiration of—

(a) the relevant period, or

(b) such longer period as the person who made the material alteration request may consent to under subsection (2).

(2) A person who made a material alteration request may, before the expiration of the relevant period, consent in writing to the extension of the period for making a decision in relation to the material alteration request under subsection (1) of section 143 .

(3) Where the planning authority fails to make a decision in relation to a material alteration request under subsection (1) of section 143 within the relevant period or such longer period as the person who made the material alteration request may consent to under subsection (2), it shall notify the person who made the material alteration request of that fact as soon as may be—

(a) stating why it has not been possible to make a decision within that period,

(b) specifying the additional period required by the planning authority to make a decision in relation to the material alteration request (which shall not exceed 4 weeks from the expiration of the relevant period, or such longer period as may be consented to under subsection (2)), and

(c) seeking the consent of the person to an extension of the time within which the planning authority shall make its decision.

(4) If the person who made the material alteration request notifies the planning authority that he or she consents to an extension of time sought in a notice under subsection (3), the planning authority shall make a decision in relation to the material alteration request as soon as may be and before the expiration of the period specified in that notice.

(5) If, within such period as may be prescribed, the person who made the material alteration request notifies the planning authority that he or she does not consent to an extension of time sought in a notice under subsection (3), the material alteration request shall be deemed to be refused, and the person who made that material alteration request may appeal that deemed refusal to the Commission under section 103 as if it were a deemed refusal referred to in subsection (5) of section 101 , and Chapter 3 shall apply for the purposes of that appeal accordingly, subject to the modifications referred to in subsection (7) of section 143 .

(6) If the person who made the material alteration request fails to notify the planning authority, within the period referred to in subsection (5), as to whether or not he or she consents to the extension of time sought in the notice under subsection (3), the person who made the material alteration request shall be deemed to have consented to that extension of time.

(7) Where a material alteration request is deemed to have been refused under subsection (5), the planning authority shall—

(a) where the person who made the material alteration request does not appeal the deemed refusal to the Commission, repay to the person all fees paid to the planning authority by the person in respect of the material alteration request, and

(b) where the person appeals the deemed refusal to the Commission, repay to the person all fees paid to the planning authority by the person in respect of the material alteration request and repay to the person any fees paid to the Commission by the person in respect of the appeal.

(8) (a) Where the person who made the material alteration request consents to an extension of time sought in a notice under subsection (3) and the planning authority fails to make a decision in relation to the material alteration request within the period specified in that notice, it shall—

(i) repay to the person all fees paid to the planning authority by the person in respect of the material alteration request,

(ii) pay to the person the additional sum in not more than 5 instalments, and

(iii) subject to subsection (9), make a decision in relation to the material alteration request as soon as may be thereafter.

(b) In paragraph (a), “additional sum” means the lesser of the following:

(i) such sum as is equal to 3 multiplied by the sum of the fees paid to the planning authority by the person under subparagraph (I) of paragraph (ii) of subsection (3) of section 140 in respect of the material alteration request, and

(ii) €10,000.

(9) Where the person who made the material alteration request consents to an extension of time sought in a notice under subsection (3) and the planning authority fails to make a decision in relation to the material alteration request within the period specified in that notice, the person who made the material alteration request may notify the planning authority in writing that it does not consent to the planning authority making a decision in relation to the material alteration request after the expiration of that period.

(10) Where the planning authority receives a notification under subsection (9)—

(a) the material alteration request shall be deemed to have been refused by the planning authority on the date of the notification, and

(b) the person who made the material alteration request may appeal that deemed refusal to the Commission under section 103 as if it were a deemed refusal referred to in paragraph (b) of subsection (7) of section 101 and Chapter 3 shall apply accordingly to the appeal, subject to the modifications referred to in subsection (7) of section 143 .

(11) Where the person who made the material alteration request brings an appeal under paragraph (b) of subsection (10), the planning authority shall repay to the person any fees paid by the person who made the material alteration request to the Commission in respect of that appeal.

(12) A failure by a planning authority to make a decision under subsection (1) of section 143 within the period or periods provided for under this section shall not invalidate the decision of the planning authority under that subsection.

(13) Provision may be made by regulations for periods that shall be disregarded in reckoning any period for the purpose of subsection (1).

(14) A planning authority shall include in its annual report in accordance with section 221 of the Act of 2001—

(a) the number of material alteration requests decided by it within the relevant period,

(b) the number of material alteration requests made to it but not decided by it within that period,

(c) the number of material alteration requests deemed refused by it pursuant to subsection (5), and the number of payments made by it pursuant to subsection (7) and the aggregate value of all such payments,

(d) the number of payments made by it pursuant to subsection (8) and the aggregate value of all such payments, and

(e) the number of payments made by it pursuant to subsection (11) and the aggregate value of all such payments.

(15) In this section “relevant period”, in relation to a material alteration request, means—

(a) where neither an appropriate assessment nor an environmental impact assessment is required—

(i) 8 weeks from the date of the notice that the request is a material alteration request under paragraph (a) of subsection (9) of section 140 ,

(ii) where the planning authority makes one or more than one request under subsection (2) of section 144 , 4 weeks from the earlier of the following dates:

(I) the date by which the request or requests under subsection (2) of section 144 , as the case may be, is or are fully complied with;

(II) the date by which the request or requests under subsection (2) of section 144 , as the case may be, is or are required to be fully complied with,

(iii) where subsection (3) of section 144 applies, 4 weeks from the date of the expiration of the prescribed period referred to in subparagraph (iii) of paragraph (b) of subsection (3) of section 144 , or

(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

(b) where an appropriate assessment or an environmental impact assessment is required—

(i) 12 weeks from the date by which all submissions are required to have been given to the planning authority in accordance with this Part and Part 6 in relation to the proposed development, or

(ii) where the planning authority makes one or more than one request under subsection (2) of section 144 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the material alteration request, 8 weeks from the earlier of the following dates:

(I) the date by which the request or requests under section 144 , 217 , or 235 , as the case may be, is or are fully complied with;

(II) the date by which the request or requests under section 144 , 217 , or 235 , as the case may be, is or are required to be fully complied with,

(iii) where subsection (3) of section 144 applies, 8 weeks from the date of the expiration of the prescribed period referred to in subparagraph (iii) of paragraph (b) of subsection (3) of section 144 , or

(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last.

Time limits for deciding material alteration request where deciding authority is Commission

147. (1) Where the deciding authority is the Commission, it shall make a decision under subsection (1) of section 143 in relation to a material alteration request, before the expiration of—

(a) the relevant period, or

(b) such longer period from the date of the material alteration request as the person who made the request may consent to in accordance with subsection (2).

(2) Where, within the relevant period, the person who made the material alteration request gives to the Commission his or her consent in writing to the extension of the relevant period—

(a) the period under subsection (1) for making the decision in relation to the material alteration request shall be extended for the period consented to by the person, and

(b) the Commission shall publish a notice on its website stating the period as extended and the reasons for the extension of the period.

(3) The Minister may prescribe periods that are to be disregarded in reckoning any period for the purpose of subsection (1).

(4) (a) Where the Commission fails to make a decision under subsection (1) of section 143 on a material alteration request within the relevant period, or such longer period as is consented to under subsection (2), it shall—

(i) determine the material alteration request notwithstanding that the period has expired,

(ii) notify the person who made the material alteration request of—

(I) the reasons why it has not made a decision within that period,

(II) the period within which it shall make that decision (which shall not exceed 6 weeks from the date of the expiration of the relevant period, or such longer period as may be consented to under subsection (2)),

and

(iii) publish a notice on its website of the reasons and period referred to in subparagraph (ii).

(b) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (a), to make a decision under subsection (1) of section 143 , it shall—

(i) make the decision notwithstanding that the period has expired,

(ii) notify the person who made the material alteration request of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it shall make that decision (which shall not exceed 6 weeks from the date of the expiration of the period first mentioned in this paragraph),

and

(iii) publish a notice on its website of—

(I) the reasons and period referred to in subparagraph (ii), and

(II) the sum paid to the person who made the material alteration request in accordance with subparagraph (iv),

and

(iv) pay to the person who made the material alteration request a sum equal to such proportion of the fees paid to the Commission as may be prescribed.

(c) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b), to make a decision under subsection (1) of section 143 , it shall—

(i) make the decision notwithstanding that the period has expired,

(ii) notify the person who made the material alteration request of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it shall make that decision (which shall not exceed one week from the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on its website of the reasons and period referred to in subparagraph (ii), and

(d) The Minister may, upon his or her receiving a notification under subparagraph (iv) of paragraph (c), request the Office of the Planning Regulator to—

(i) conduct a review of the performance by the Commission of its functions under this Act, and

(ii) prepare, and submit to the Minister (within such period as the Minister shall specify), a report in relation to that review.

(5) A sum payable under subparagraph (iv) of paragraph (b) of subsection (4) shall be paid not later than 4 weeks after the expiration of the period for the making of the decision on the material alteration request referred to in clause (II) of subparagraph (ii) of paragraph (a) of that subsection.

(6) A failure by the Commission to make a decision under subsection (1) of section 143 within the period or periods provided for under this section shall not invalidate the decision of the Commission under that subsection.

(7) Where the Minister considers it necessary or expedient that decisions under subsection (1) of section 143 , in relation to material alteration requests of a particular class or classes, be determined as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development, by reason of their being of special strategic, economic or social importance to the State, he or she may give a direction to the Commission to give priority to the making of such decisions, and the Commission shall comply with any such direction.

(8) Each annual report under section 522 shall contain a statement of—

(a) the number of material alteration requests decided under subsection (1) of section 143 ,

(b) the number of material alteration requests decided within—

(i) the relevant period,

(ii) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (4),

(iii) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (4), and

(iv) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (4),

during the period to which the report relates,

(c) the number and the aggregate amount of all sums (if any) payable, and the number and the aggregate amount of all such sums paid, by the Commission in accordance with subparagraph (iv) of paragraph (b) of subsection (4),

(d) the number of notifications under subsection (4), and

(e) such other information as to the time taken to determine material alteration requests under this Chapter as the Minister may direct.

(9) In this section “relevant period”, in relation to a material alteration request, means—

(a) in a case—

(i) where submissions are required to be given to the Commission in accordance with this Chapter or Part 6 in relation to the proposed development, 18 weeks from the date by which all such submissions are required to be given,

(ii) where the Commission makes a request or more than one request for further information, documents or submissions under subsection (2) of section 145 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the material alteration request, 6 weeks from the earlier of the following dates—

(I) the date by which the request or requests under section 145 , 217 or 235 , as the case may be, is or are fully complied with, or

(II) the date by which the request or requests under section 145 , 217 or 235 , as the case may be, is or are required to be fully complied with,

(iii) where subsection (5) of section 145 applies, 6 weeks from the date of the expiration of the period prescribed under subparagraph (ii) of paragraph (b) of subsection (5) of section 145 , or

(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

(b) in relation to a material alteration request in respect of which an oral hearing is held under paragraph (g) of subsection (2) of section 145 , and notwithstanding paragraph (a), 12 weeks from the date of the conclusion of the oral hearing.

Material contravention of development plan or National Marine Planning Framework

148. (1) Subject to subsections (2) and (12), a deciding authority shall refuse to alter or extend a permission under section 142 or 143 where—

(a) the development or proposed development is, or is proposed to be, situated wholly or partly on land and the development or proposed development to which the permission altered or extended would relate, would materially contravene the development plan for the functional area in which the development is, or is proposed to be, situated, or

(b) the development or proposed development is, or is proposed to be, situated wholly or partly in the maritime area and the development or proposed development to which the permission altered or extended would relate would materially contravene the National Marine Planning Framework.

(2) A planning authority may decide to make an alteration of a permission or grant an extension of the duration of a permission to which subsection (1) applies by resolution (in this section referred to as a “material contravention resolution”), following a proposal of the chief executive of the planning authority, in accordance with subsections (3) to (11).

(3) A material contravention resolution may be passed by the planning authority if—

(a) it considers that the alteration or extension is necessary or justified having regard—

(i) in the case of development or proposed development referred to in paragraph (a) or (b) of subsection (1), to proper planning and sustainable development, or

(ii) in the case of development or proposed development referred to in paragraph (b) of subsection (1), to the objectives of maritime spatial planning,

and

(4) A planning authority shall give notice, in such form and manner as may be prescribed, to the public and to such persons as may be prescribed of any motion for a material contravention resolution, and submissions may be made in respect of such motion in such form and manner, and within such period, as may be prescribed.

(5) A resolution passed without prior compliance with subsection (4) shall be invalid.

(6) Where a submission is received by the planning authority within the period prescribed for the purposes of subsection (4), the planning authority shall acknowledge that submission in writing and the chief executive shall have regard to that submission when preparing his or her report in accordance with subsection (8).

(7) Where a submission is received by the planning authority after the expiration of the period prescribed for the purposes of subsection (4), the planning authority shall return that submission to the person who made it and notify the person that the submission cannot be considered by the planning authority.

(8) The chief executive shall, within such period as may be prescribed, prepare and submit to the members of the planning authority, a report—

(a) stating the main reasons and considerations on which the motion to make the alteration or grant the extension in material contravention of the development plan or National Marine Planning Framework, as the case may be, is based, including the main reasons for considering that making the alteration or granting the extension may be necessary or justified having regard to the proper planning and sustainable development of the area, or the objectives of maritime spatial planning, as appropriate,

(b) summarising the issues raised in any submissions validly received, and

(c) advising the members of his or her opinion regarding the compliance, or otherwise, of the development or proposed development with National Planning Statements or any relevant policies or objectives of the Government or Minister of the Government or with any regional spatial and economic strategy,

and that report shall be considered by the members before a material contravention resolution is passed.

(9) A material contravention resolution shall record that the members are satisfied that the development or proposed development is necessary or justified having regard to the proper planning and sustainable development of the area and, where the proposed development is or includes maritime development, objectives of maritime spatial planning.

(10) It shall be necessary for the passing of a material contravention resolution that the number of the members of the planning authority voting in favour of the resolution is not less than three-quarters of the total number of the members of the planning authority or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and the requirement of this subsection is in addition to and not in substitution for any other requirement applying in relation to such a resolution.

(11) Where a material contravention resolution has been passed by a planning authority, the planning authority shall—

(a) send a copy of the notice under subsection (4) that relates to the resolution to the regional assembly for the area and the Office of the Planning Regulator,

(b) at the same time, inform the regional assembly for the area and the Office of the Planning Regulator in writing that the resolution was passed, and

(12) The Commission may decide to make an alteration of a permission or grant an extension of the duration of a permission—

(a) to which paragraph (a) of subsection (1) applies, where it is satisfied that—

(i) the development or proposed development is of strategic or national importance having regard to the policy of the Government,

(ii) the development plan contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development concerned, or

(iii) the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Policies and Measures or regional spatial and economic strategy as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies,

and

(b) to which paragraph (b) of subsection (1) applies, where it is satisfied that—

(i) the development or proposed development is of strategic or national importance having regard to the policy of the Government, or

(ii) the National Marine Planning Framework contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development.

Revocation or modification of permission by planning authority

149. (1) If a planning authority considers that it is appropriate that a permission relating to land-based development within its functional area should be revoked or modified because the development is a development referred to in subsection (4), it may serve a notice proposing to do so in accordance with subsection (5) on the applicant for permission, the owner and occupier of the lands where the development to which the permission relates is, or is proposed to be, situate, and on any other person who, in its opinion, will be materially affected by the revocation or modification.

(2) Subject to subsection (3), if a planning authority considers that it is appropriate that a permission relating to maritime development within its functional area should be revoked or modified because the development is a development referred to in subsection (4), it may serve a notice proposing to do so in accordance with subsection (5) on the applicant for permission, the owner and occupier of the maritime site where the development to which the permission relates is, or is proposed to be, situate, the holder of a maritime area consent granted for the occupation of that maritime site for the purposes of the development, and on any other person who, in its opinion, will be materially affected by the revocation or modification.

(3) A reference in subsection (2) to “owner” shall not include a reference to a Minister of the Government in whom the maritime site vests by virtue of section 5 of the State Property Act 1954 .

(4) A planning authority may propose to revoke or modify a permission under subsection (1) or (2) where the development to which the permission relates—

(a) would be contrary to the requirements of proper planning and sustainable development or maritime spatial planning, as appropriate, and

(b) no longer conforms to the provisions of the development plan, or any applicable urban area plan, priority area plan or coordinated area plan, or the National Marine Planning Framework, that applies to the land or maritime site where it is proposed to carry out the development, or would frustrate the objectives of one or more than one of such plans or of the National Marine Planning Framework.

(5) The notice referred to in subsections (1) and (2) shall—

(a) specify the permission concerned,

(b) specify the reasons for the proposal, and

(c) invite the person on whom the notice is served to make submissions to the planning authority in writing within the period specified in the notice (which shall be before the end of the period of 4 weeks from the date of the service of the notice) concerning the proposal.

(6) A planning authority may decide to revoke or modify a permission where the development to which the permission relates is a development referred to in subsection (4) and, when making its decision, shall have regard to any submissions made under paragraph (c) of subsection (5).

(7) Where a planning authority decides to revoke or modify a permission under subsection (6), it shall specify in the decision the provisions of the plan or National Marine Planning Framework referred to in subsection (4) to which the development no longer conforms or the objectives of the plan or National Marine Planning Framework that the development would frustrate, and the main reasons and considerations on which the decision is based.

(8) A person served with a notice under subsection (1) or (2) may, at any time within the period of 4 weeks beginning on the date of the decision under subsection (6), appeal to the Commission against the decision.

(9) Where an appeal is brought under subsection (8) against a decision, the Commission may confirm the decision with or without modifications, or annul the decision, and it shall specify the main reasons and considerations for its determination on the appeal.

(10) Any development carried out in contravention of a decision under subsection (6), or where an appeal is brought under subsection (8), in contravention of a decision confirmed under subsection (9), shall be unauthorised development.

(11) A notice of a proposal to revoke a permission may only be served prior to commencement of the development to which the permission relates.

(12) A notice of a proposal to modify a permission may only be served prior to completion of the development to which the permission relates, and where the development has commenced, the planning authority shall not propose to modify any part of the development that has been completed in accordance with the permission.

(13) A planning authority may, for stated reasons, by notice, withdraw a notice served under subsection (1) or (2) and, where a notice is withdrawn, the period between the serving of the notice and the withdrawal shall not be reckonable for the purpose of calculating the period since the granting of the permission.

(14) Particulars of a notice served under subsection (1) or (2), an appeal under subsection (8), a determination of the Commission on appeal under subsection (9), and the withdrawal of a notice under subsection (13) shall be entered in the register.

Revocation or modification of permission by Minister

150. (1) The Minister may, upon the request of the Minister for Justice, the Minister for Foreign Affairs, the Minister for Defence, or the Minister for Health, and with the approval of the Government, make an order revoking or modifying (whether by extension of its duration or alteration of its terms) a permission, if the first-mentioned Minister is satisfied that—

(a) the carrying out of the development to which the permission relates is likely to be harmful to—

(i) the security or defence of the State,

(ii) the State’s relations with other states, or

(iii) public health,

and

(b) the revocation or modification is necessary in the public interest.

(2) The Minister may, before making an order under this section, consult with—

(a) a planning authority in whose functional area any part of the development to which the permission relates is situated or proposed to be situated,

(b) the person to whom the permission was granted, and

(c) any other person who, in the opinion of the Minister, is likely to be materially affected by the making of the order,

but shall not so consult if the Minister considers that to do so would be harmful to the security or defence of the State or to the State’s relations with other states.

(3) The Minister shall, as soon as practicable after making an order under this section, give a copy of it to—

(a) the planning authority that granted the permission or, where the permission was granted by the Commission, the Commission, and

(b) where the permission was granted by the Commission and does not relate to development in the outer maritime area, the planning authority in whose functional area the development to which the permission relates is situated or proposed to be situated.

(4) The planning authority that granted the permission to which an order under this section relates or, where the permission was granted by the Commission, the Commission, shall, within such period as may be specified in the order, serve—

(a) a notice on—

(i) the person to whom the permission was granted, and

(ii) any other person specified in the order,

informing him or her of the revocation or modification effected by the order, and

(b) a notice—

(i) in the case of development commenced but not completed, on any person carrying out the development to which the permission relates, or on whose behalf the development is being carried out, requiring him or her to cease the development and restore the land or maritime site on which the development is being carried out to the condition it was in before the development commenced, or

(ii) in the case of development completed, on any person who carried out the development, or on whose behalf the development was carried out, requiring him or her to restore the land or maritime site on which the development was carried out to the condition it was in before the development was commenced.

(5) A person on whom a notice is served under paragraph (b) of subsection (4) shall comply with the notice.

(6) A permission to which an order under this section applies shall stand revoked or modified, as the case may be, upon the making of the order.

(7) Any development carried out in contravention of an order under this section shall be unauthorised development.

(8) Where the Minister makes an order revoking an order made under subsection (1)—

(a) the order revoked shall, for all purposes, be deemed never to have been made, and the register shall be amended accordingly,

(b) the period between the making of the order revoked and the revocation shall not be reckonable for the purpose of calculating the period since the granting of the permission, and

(9) The making of an order under this section shall be entered in the register as soon as may be after it is made.

(10) (a) Proceedings before a court relating to an order made under subparagraph (i) or (ii) of paragraph (a) of subsection (1) shall be heard in private.

(b) A court before which proceedings relating to an order under subparagraph (i) or (ii) of paragraph (a) of subsection (1) are heard shall take all reasonable precautions to prevent the disclosure—

(i) to the public, or

(ii) where the court considers it appropriate, to any party to the proceedings, of any evidence given or document submitted for the purposes of the proceedings, the disclosure of which could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.

(i) the prohibition of the disclosure of such evidence or document as the court may determine, and

(ii) the hearing, in the absence of any person, including any party to the proceedings, of any evidence or the examination of any witness or document that, in the opinion of the court, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.

Chapter 6

Local Authority Development and State Authority Development

Definition

151. In this Chapter “development subject to confirmation” means—

(a) local authority development of a class prescribed in regulations under subsection (1) of section 153 ,

(b) State authority prescribed development that does not require appropriate assessment or environmental impact assessment, and

(c) Chapter 6 State authority emergency development in respect of which compliance with sections 158 and 160 is required pursuant to an order under subsection (1) of section 155 .

Local authority development

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.

Local authority development requiring public notice

153. (1) The Minister may, if of the opinion that, by reason of the nature, scale or location of local authority development (other than development excluded from the application of this subsection by subsection (2)) of a particular class or classes, such development shall not be carried out unless confirmed under section 159 , prescribe that class or classes for the purposes of this Chapter.

(2) Local authority development of the following classes is excluded from the application of subsection (1):

(a) local authority development that includes or comprises works of maintenance or repair, other than works to—

(i) a protected structure, or a proposed protected structure that would materially affect the character of—

(I) the protected structure or proposed protected structure, or

(II) any element of such structure that contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest,

(ii) the exterior of a structure that is located within an architectural conservation area that would materially affect the character of the area concerned;

(b) local authority development that is necessary for the purpose of dealing with any situation that the chief executive of the local authority concerned considers is an emergency situation calling for immediate action;

(i) traffic signs under section 95 of the Road Traffic Act 1961 , or

(ii) traffic calming measures to enhance public bus services or improve facilities for cyclists under section 38 of the Act of 1994;

(d) local authority development that consists of works that a local authority is required to undertake—

(i) by or under any enactment,

(ii) by or under a European act within the meaning of the European Communities Act 2007 , or

(iii) by order of a court;

(e) Chapter 4 local authority development.

(3) Sections 138, 139 and 140 of the Act of 2001 shall not apply to local authority development of a class prescribed under subsection (1).

(4) In this section—

“Act of 1994” means the Road Traffic Act 1994 ;

“public bus service” and “traffic calming measures” have the same meanings as they have in section 38 of the Act of 1994.

State authority prescribed development

154. (1) The Minister may prescribe a State authority development or class of State authority development for the purposes of this Chapter, if of the opinion that—

(a) the development or the class of development is in connection with, or for the purposes of, public safety or order, the administration of justice, or national security or defence, or

(b) an event or situation with significant national or strategic implications has occurred, or is likely to occur, and it is necessary to so prescribe the development or class of development in order to address such implications.

(2) A State authority shall not carry out, or make an arrangement with another person for the carrying out of, Chapter 6 State authority development in the maritime area, unless the State authority—

(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of carrying out the development concerned,

(b) is the owner of the maritime site on which it is proposed to carry out the development concerned, or

(c) carries out the development with the consent of the owner of the maritime site on which it is proposed to carry out the development concerned.

State authority development emergency order

155. (1) The Minister concerned may by order provide that permission is not required for a specified State authority development or State authority development of such class as is specified in the order, where he or she is satisfied that—

(a) the carrying out of such development or development of such class is required by reason of an accident or emergency, and

(b) such development or development of such class does not require appropriate assessment or environmental impact assessment,

(and such development or development of such class is in this Part referred to as “Chapter 6 State authority emergency development”).

(2) An order under subsection (1) may include a provision requiring compliance with sections 158 and 160 before the carrying out of any development to which the order applies.

(3) Where the Minister concerned is satisfied that the carrying out of a State authority development requiring appropriate assessment or environmental impact assessment is required by reason of an accident or emergency, the Minister concerned may by order provide that any application for permission for that State authority development (in this Part referred to as “Chapter 4 State authority emergency development”) shall be made to the Commission under Chapter 4.

(4) Where a Minister of the Government other than the Minister is the Minister concerned, the Minister concerned shall, before making an order under subsection (1), inform the Minister of his or her intention to make such order and provide the Minister with a draft of the order.

(5) Where the Minister concerned is of the opinion that the making of an order under subsection (1) would affect the exercise by another State authority of the functions of that State authority, the Minister concerned shall, before making the order, inform that State authority of his or her intention to make the order and provide to the State authority a draft of the order.

(6) The Minister concerned shall, in such manner as may be prescribed, give notice of the making of an order under subsection (1)—

(a) where a person was informed of the intention of the Minister concerned to make the order in accordance with subsection (4) or (5), to such person, and

(b) to such other persons as may be prescribed.

(7) The Minister concerned may, where he or she considers it appropriate to do so, revoke an order under subsection (1).

(8) In this section—

“Minister concerned” means—

(a) in relation to State authority development proposed to be carried out by, on behalf of, or jointly with, a Minister of the Government, that Minister of the Government,

(b) in relation to State authority development proposed to be carried out by, on behalf of, a statutory undertaker, the Minister of the Government who is required to authorise the carrying out of development by that statutory undertaker, or

(c) in relation to any other proposed State authority development, the Minister for Public Expenditure, National Development Plan Delivery and Reform;

“State authority” includes a statutory undertaker.

State authority development not requiring permission

156. Permission shall not be required for Chapter 6 State authority development.

State authority urgent development order

157. (1) Where the Minister concerned is satisfied that the carrying out of a State authority development requiring appropriate assessment or environmental impact assessment is urgent in order to preserve, protect or improve the quality of the environment or protect human health, he or she may by order require that an application for permission for that State authority development (in this Part referred to as “State authority urgent development”) shall be made to the Commission under Chapter 4.

(2) In this section “Minister concerned” means—

(a) in relation to State authority development proposed to be carried out by, on behalf of, or jointly with, a Minister of the Government, that Minister of the Government, or

(b) in relation to any other proposed State authority development, the Minister for Public Expenditure, National Development Plan Delivery and Reform.

Public notification procedure

158. (1) The relevant authority shall publish, in such manner as may be prescribed, a notice of any proposed development that is development subject to confirmation, and such notice shall—

(a) identify the relevant authority that proposes to carry out development or on whose behalf, or jointly with whom, the development is proposed to be carried out, and

(b) contain such other information as may be prescribed.

(2) The relevant authority shall send a copy of a notice under subsection (1) relating to development proposed to be carried out by, on behalf of, or jointly with, the authority—

(a) where the relevant authority is a local authority, to such person or persons as may be prescribed, and

(b) where the relevant authority is a State authority, to the planning authority for any functional area in which the development is proposed to be situated.

(3) Where proposed development that is development subject to confirmation includes or comprises the carrying out of works—

(a) that would materially affect the character of—

(i) a protected structure or a proposed protected structure, or

(ii) any element of such structure that contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest,

(b) to the exterior of a structure located within an architectural conservation area that would result in the character of the area concerned being materially affected,

the relevant authority shall notify the Minister of such development.

(4) Any person may, in accordance with regulations under subsection (5) and on payment of a prescribed fee, make a submission in writing to the relevant authority in relation to a proposed development that is development subject to confirmation that is to be carried out by, or on behalf of, the relevant authority or jointly with the relevant authority.

(5) The Minister may make regulations for the purposes of subsection (4), including in relation to—

(a) the content of submissions under that subsection,

(b) the form and manner of such submissions, and

(6) In this section “relevant authority” means—

(a) in relation to local authority development, the local authority concerned, and

(b) in relation to State authority development, the State authority concerned.

Confirmation by local authority

159. (1) The chief executive of a local authority shall, before the making of a decision by the local authority under subsection (3) in relation to proposed local authority development that is development subject to confirmation—

(a) prepare a report in writing in relation to the proposed development in accordance with this section, and

(b) submit the report to the members of the local authority not later than—

(i) 8 weeks from the expiration of such period as may be prescribed under subsection (5) of section 158 for the making of submissions, or

(ii) the expiration of such period as may be specified in regulations under subsection (15) of section 230 where those regulations apply to the proposed development.

(2) A report prepared in accordance with subsection (1) shall—

(a) describe the nature and extent of the proposed development and the principal features thereof,

(b) include a plan of the development and a map of such of the area surrounding the proposed development as the chief executive considers appropriate,

(c) recommend the attachment of such conditions to the carrying out of the proposed development as the chief executive considers appropriate,

(d) include an evaluation of whether or not the proposed development would be consistent with—

(i) in the case of land-based development, the proper planning and sustainable development of the area to which the development relates, having regard to the provisions of the development plan, or

(ii) in the case of maritime development, the objectives of maritime spatial planning relevant to the area to which the development relates, having regard to the provisions of the National Marine Planning Framework,

and give the reasons and the considerations for the evaluation,

(e) include copies of—

(i) any determination under section 212 as to whether or not an appropriate assessment is required, and

(ii) any determination in accordance with section 229 as to whether or not an environmental impact assessment is required,

(f) list the persons who made submissions with respect to the proposed development under subsection (4) of section 158 ,

(g) include—

(i) in the case of land-based development, a summary of the issues raised by any such submissions with respect to the proper planning and sustainable development of the area in which it is proposed to carry out the proposed development, or

(ii) in the case of maritime development, having regard to the National Marine Planning Framework, a summary of the issues raised by any such submissions with respect to the objectives of maritime spatial planning applicable to the part of the maritime area in which it is proposed to carry out the development,

and observations of the chief executive to those submissions, and

(h) include—

(i) a recommendation as to whether or not the proposed development should be carried out as proposed, and

(ii) in the case of a recommendation that the proposed development should be carried out, any modification to the proposed development recommended by the chief executive.

(3) The members of a local authority shall, not later than 6 weeks from the submission of the report under subsection (1), consider the report, and, by resolution, decide that—

(a) the proposed development be carried out in accordance with recommendations (if any) set out in the report under subsection (1),

(b) the proposed development be carried out subject to such modifications (other than, or in addition to, any modifications specified in the report under subsection (1)) as are specified in the resolution, or

(4) If the members of the local authority fail to pass a resolution under subsection (3) within the period specified in that subsection, the members of the local authority shall, upon the expiration of that period, be deemed to have passed a resolution referred to in paragraph (a) of that subsection.

(5) Local authority development that is development subject to confirmation shall not be carried out—

(a) before the passing of a resolution under subsection (3), or the deemed passing of such a resolution pursuant to subsection (4), in relation to the development, or

(b) in a manner that contravenes the terms of a resolution to which paragraph (a) or (b) of subsection (3) applies.

(6) (a) A local authority shall, as soon as may be after the passing of a resolution under subsection (3) (or in circumstances to which subsection (4) applies, the expiration of the period referred to in that subsection)—

(i) notify the Minister and each person to whom a copy of the notice under subsection (1) of section 158 in relation to the proposed development concerned was given in accordance with subsection (2) of section 158 ,

(ii) subject to paragraph (b), notify each person who made a submission in respect of the proposed development in accordance with subsection (4) of section 158 , and

(iii) publish notice on an internet website maintained by or on behalf of the local authority and in at least one newspaper,

of the passing of the resolution or, as the case may be, of the application of subsection (4) in relation to the proposed development and the expiration of the period referred to therein.

(b) A local authority shall not be required to comply with subparagraph (ii) of paragraph (a)—

(i) where the number of persons who made submissions in respect of the proposed development in accordance with subsection (4) of section 158 exceeds 100, or

(ii) in relation to any person referred to in that paragraph whose name or address is not readily ascertainable by the local authority.

(7) Particulars of a resolution passed under subsection (3) or deemed to have been passed under subsection (4) shall be entered in the register.

(8) (a) Where a development is carried out in accordance with a recommendation in a report under subsection (3) of section 179 of the Act of 2000 that the development be proceeded with as proposed, it shall, on and after the repeal of that section by section 6 , be treated as if it were carried out in accordance with a decision under paragraph (a) of subsection (3) of this section, whether or not the development was commenced before that repeal.

(b) A decision under subsection (4) of section 179 of the Act of 2000 to vary or modify a development shall, on and after the repeal of that section by section 6 , operate as if it were a decision under paragraph (b) of subsection (3) of this section.

(c) A decision under subsection (4) of section 179 of the Act of 2000 not to proceed with a development shall, on and after the repeal of that section by section 6 , operate as if it were a decision under paragraph (c) of subsection (3) of this section.

Confirmation by State authority

160. (1) A State authority may, in relation to proposed State authority development that is development subject to confirmation—

(a) following compliance by it with section 158 in relation to the proposed development, and

(b) having had regard to any submissions made by a planning authority, or by any other person under subsection (4) of that section in relation to the proposed development,

decide that the proposed development—

(i) shall be carried out (with or without modifications to the original proposed development), or

(ii) shall not be carried out.

(2) A decision made under subsection (1) shall state the main reasons and considerations on which the decision is based.

(3) State authority development that is development subject to confirmation shall not be carried out—

(a) before the making of a decision under subsection (1) in relation to the development, or

(b) in a manner that contravenes the terms of that decision.

(4) (a) A State authority shall, as soon as may be after making a decision under subsection (1)—

(i) notify the planning authority within whose functional area it is proposed to carry out the development concerned,

(ii) subject to paragraph (b), notify each person who made a submission in respect of the proposed development in accordance with subsection (4) of section 158 , and

(iii) publish a notice on an internet website maintained by or on behalf of the State authority and in at least one newspaper,

of the making of the decision.

(b) A local authority shall not be required to comply with subparagraph (ii) of paragraph (a)—

(i) where the number of persons who made submissions in respect of the proposed development in accordance with subsection (4) of section 158 exceeds 100, or

(ii) in relation to any person referred to in that paragraph whose name or address is not readily ascertainable by the local authority.

(c) A notification or notice under paragraph (a) shall state the terms of the decision under subsection (1) concerned.

(5) Where a planning authority is notified under subparagraph (i) of paragraph (a) of subsection (4) of the making of a decision under subsection (1), the planning authority shall publish the notice on an internet website maintained by or on behalf of the planning authority.

(6) Particulars of a decision under subsection (1) shall be entered in the register.

Local authority housing development

161. (1) The chief executive of a local authority shall, before the carrying out of a local authority housing development by, on behalf of or jointly with that local authority—

(a) inform the members of the local authority of the intention to carry out that development, and

(b) provide those members with such documents, particulars and plans as relate to that development.

(2) The Minister may make regulations providing for any or all of the following matters in respect of local authority housing development:

(a) the giving of public notice by the local authority of the intention to carry out the development;

(b) the publication by a local authority of any specified notice in respect of the development;

(c) the making available for inspection, including by members of the public, of such documents, particulars or plans as relate to the development;

(d) notification of bodies prescribed for the purposes of this section of the intention to carry out the development;

(e) the entry of particulars of the development in the register;

(f) a requirement that local authorities provide the Minister with information of such a type as is specified in the regulations and at such intervals as is so specified.

(3) Sections 138 , 139 and 140 of the Local Government Act 2001 shall not apply in respect of local authority housing development.

(4) In this section—

“housing development” means the construction or erection of one or more than one house and includes—

(a) the construction of a new road, or the widening or realignment of an existing road, to any such house,

(b) the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water, to serve any such house,

(d) the provision of open spaces, recreational and community facilities and amenities and landscaping works to serve any such house, and

(e) the provision of car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure, to serve any such house;

“local authority housing development” means local authority development commenced on or before 31 December 2025 that—

(a) is housing development,

(b) does not materially contravene a development plan, urban area plan, priority area plan or joint area plan,

(c) is in accordance with the strategy included in the development plan for the area in accordance with subsection (1) of section 242 ,

(d) is situated on land—

(i) owned by a local authority or a public authority,

(ii) zoned for residential use, and

(iii) that allows for access, or connection, to public infrastructure and facilities;

“public authority’ means—

(a) a Minister of the Government,

(b) an Education and Training Board established under the Education and Training Boards Act 2013 ,

(d) the Digital Hub Development Agency,

(e) the Dublin Institute for Advanced Studies,

(f) Enterprise Ireland,

(g) the Environmental Protection Agency,

(h) An Garda Síochána,

(i) the Health Service Executive,

(j) the Housing and Sustainable Communities Agency,

(k) the Industrial Development Agency (Ireland),

(l) an institute of technology that is a college within the meaning of the Regional Technical Colleges Act 1992 ,

(m) the Institute of Public Administration,

(n) the part of the Department of Justice charged with the management of prisons,

(o) the Legal Aid Board,

(p) the Marine Institute,

(q) the National Archives,

(r) Oberstown Children Detention Campus,

(s) the Commissioners of Public Works in Ireland,

(t) Ordnance Survey Ireland,

(u) Sport Ireland,

(v) the State Laboratory,

(w) Teagasc,

(x) a technological university within the meaning of the Technological Universities Act 2018 , or

(y) An tSeirbhís Oideachais Leanúnaigh agus Scileanna;

“public infrastructure and facilities” includes, in relation to local authority housing development—

(a) roads,

(b) footpaths,

(d) foul sewer drainage,

(e) surface water drainage, and

(f) water supply,

provided in connection with, or that otherwise serve, the development.

Continued operation of Parts X and XAB of Act of 2000 for certain purposes

162. (1) Where an application for approval was made under subsection (3) of section 175 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under subsection (9) of the said section 175 in relation to the application before such repeal, Part X of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

(2) Where an application for approval was made under subsection (3) of section 177AE of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under subsection (8) of the said section 177AE in relation to the application before such repeal, Part XAB of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

Continued operation of section 181 of Act of 2000 for certain purposes

163. (1) Where an application for approval was made under subsection (2A) of section 181 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under subsection (2L) of the said section 181 in relation to the application before such repeal, the said section 181 shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

(2) Where an application for approval was made under paragraph (c) of subsection (3) of section 181 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal, the said subsection (3) shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

(3) Notwithstanding the repeal of paragraph (a) of subsection (1) of section 181 of the Act of 2000 by section 6 , this Act shall not apply to development—

(a) of a class specified in regulations under that paragraph, and

(b) that was commenced before that repeal,

and accordingly the said section 181 and sections 181A, 181B and 181C of the Act of 2000 shall, on and after that repeal, continue to apply and have effect in relation to such development.

(4) Notwithstanding the repeal of paragraph (a) of subsection (2) of section 181 of the Act of 2000 by section 6 , this Act shall not apply to development to which an order (for the time being in force) under that paragraph applies.

Continued operation of sections 181A and 181B of Act of 2000 for certain purposes

164. Where an application for approval was made under section 181A of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 181B of that Act in relation to the application before such repeal, the said sections 181A and 181B shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

Continued operation of sections 182A, 182AA and 182B of Act of 2000 for certain purposes

165. Where an application for approval was made under section 182A of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 182B of that Act in relation to the application before such repeal, the said sections 182A and 182B and section 182AA of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

Continued operation of sections 182C and 182D of Act of 2000 for certain purposes

166. Where an application for approval was made under section 182C of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 182D of that Act in relation to the application before such repeal, the said sections 182C and 182D shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

Chapter 7

Miscellaneous

Consultations under Part

167. (1) The following matters shall not prejudice the performance by a planning authority or the Commission of its functions by or under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings:

(a) the carrying out of any consultation under this Part;

(b) the making of a determination under subsection (9) of section 90 ;

(d) the provision of an LRD opinion;

(e) the taking place of a meeting under section 93 or 118 ;

(f) the provision of an opinion under section 94 or 119 .

(2) The planning authority or the Commission, as the case may be, shall keep a record in writing of—

(a) any consultation or request for a consultation, including the names of the person who made the request for a consultation and the persons who participated in the consultation,

(b) any LRD meeting or request for an LRD meeting, including—

(i) a copy of the information and documentation that accompanied the request in accordance with subsection (3) of section 91 ,

(ii) the names of the persons who attended the meeting and any explanation provided under subsection (10) of section 91 or subsection (3) of section 92 ,

(c) any meeting under subsection (4) of section 93 or subsection (4) of section 118 or requests for a meeting under those sections, including—

(i) a copy of the documents that accompanied the request under subsection (2) of section 93 or subsection (2) of section 118 ,

(ii) the names of the persons who attended the meeting, and

(iii) any explanation provided under subsection (7) of section 93 , subsection (4) of section 94 , subsection (7) of section 118 or subsection (4) of section 119 .

(3) The planning authority or the Commission, as the case may be, shall place and keep a copy of any record in writing under subsection (2) with the documents to which any application in respect of that proposed development relates.

(4) A record kept by a planning authority under subsection (3) shall only be made available to the public when an application or request in respect of the proposed development is made under this Part.

(5) In this section “consultation” means a consultation meeting under section 90 or 116 or a consultation under section 139 and “request for consultation” shall be construed accordingly.

Submissions or observations under Part

168. The making of submissions or observations by—

(a) the Maritime Area Regulatory Authority,

(b) a coastal planning authority,

(d) the Minister, or

(e) any other Minister of the Government,

under this Part shall not prejudice the performance by it, or him or her, of any of its, or his or her, functions under this Act or any other enactment, and accordingly the making of such submissions or observations cannot be relied upon to question such performance—

(i) in relation to the consideration by a planning authority of an application for permission under this Act,

(ii) in relation to the consideration by the Commission of an application for permission or appeal under this Act, or

(iii) in proceedings before a court relating to an application for permission or an appeal under this Act.

Seveso III Directive

169. The applicant and the planning authority or the Commission shall comply with the relevant law transposing the Seveso III Directive in the case of development or proposed development—

(a) for the purposes of the provision or modification of a major accident establishment within the meaning of the Seveso III Directive, or

(b) within the vicinity of such an establishment, having regard 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.

Permission for demolition of protected structure

170. Notwithstanding any other provision of this Act, permission shall not be granted under this Part for development that would involve or require the demolition of a protected structure, or a proposed protected structure, unless the planning authority or the Commission, as the case may be, is satisfied that exceptional circumstances exist that justify that grant of permission.

Permission in breach of agreement with planning authority

171. Notwithstanding any other provision of this Act, permission shall not be granted under this Part if, in the opinion of the planning authority or the Commission, as the case may be, the implementation of the permission for development sought would amount to, or would be likely to occasion, a breach of an agreement with a planning authority under section 257 .

Withdrawal or invalidity of planning applications and appeals

172. (1) A person who has—

(a) made an application under Chapter 3 or 4,

(b) brought an appeal under Chapter 3, or

may withdraw (in writing) the application, appeal or request at any time before that application, appeal or request is determined by the planning authority or the Commission.

(2) (a) Without prejudice to subsection (1), where the planning authority or the Commission is of the opinion that an application, appeal or request made to it has been abandoned, it may serve on the person who made the application, appeal or request, as the case may be, a notice stating that opinion.

(b) A notice under paragraph (a) shall require the person on whom it is served to make a submission to the planning authority or the Commission as to why the application, appeal or request should not be regarded as having been withdrawn, within such period as shall be specified in the notice (which shall be not less than two weeks, and not more than four weeks, beginning on the date of service of the notice).

(c) Where a notice has been served under paragraph (a), the planning authority or the Commission may, at any time after the expiration of the period specified in the notice in accordance with paragraph (b), declare in writing that the application, appeal or request, as the case may be, shall be regarded as having been withdrawn.

(d) When making a declaration under paragraph (c), the planning authority or the Commission shall have regard to the submission (if any) made within the period specified in accordance with paragraph (b).

(3) Where—

(a) a person withdraws an application, appeal or request under subsection (1),

(b) a planning authority or the Commission declares an application, appeal or request to be withdrawn under subsection (2) or any other provision of this Part, or

(c) a planning authority or the Commission declares an application, appeal or request to be invalid under any provision of this Part,

the planning authority or the Commission shall not further consider such application, appeal or request.

(4) Where a planning authority or the Commission decides to declare an application invalid on the basis that—

(a) it was not accompanied by an LRD Opinion,

(b) it was not accompanied by a Chapter 4 PAC notification, or

the planning authority or the Commission shall notify the applicant in writing and return the application to the applicant, together with any fee received from the applicant in respect of the application, and shall give reasons for its decision to the applicant.

(5) Where an appeal was brought to the Commission under Chapter 3 in relation to an application under Chapter 3 or request under Chapter 5 and, subsequent to the bringing of the appeal, the application or request is withdrawn, declared withdrawn or declared invalid under this section, the following provisions shall apply:

(a) the appeal shall be regarded as having been withdrawn and shall not be determined by the Commission;

(b) in the case of an application, notwithstanding any previous decision under section 98 by a planning authority as regards the application, no permission shall be granted under that section by the planning authority on foot of that application;

(c) in the case of a request, notwithstanding any previous decision under section 143 by a planning authority as regards the request, no alteration or extension of a permission shall be granted under that section by the planning authority on foot of that request.

(6) Where paragraph (a), (b) or (c) of subsection (3) applies to an appeal to the Commission of a decision of a planning authority under section 98 or 143 , the Commission shall continue to consider any other appeal of that decision or application for leave to appeal relating to that decision of the planning authority.

(7) Particulars of any withdrawal under subsection (1), declaration under subsection (2) or decision under subsection (4) shall be entered in the register.

Refusal of planning permission for past failures to comply

173. (1) When considering any application for permission under this Part, where the planning authority or the Commission is satisfied that a person to whom this section applies—

(a) is not in compliance with—

(i) a permission,

(ii) a permission within the meaning of the Act of 2000, or

(iii) a permission under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ,

(in this section referred to as a “previous permission”) granted to the person,

(b) is not in compliance with a condition to which a previous permission is subject,

(d) has been convicted of an offence under this Act or the Act of 2000,

the authority or the Commission may form the opinion—

(i) that there is a real and substantial risk that the proposed development in respect of which the application relates would not be completed in accordance with such permission if granted, or with a condition to which such permission if granted would be subject, and

(ii) that accordingly planning permission should not be granted to the person concerned in respect of that development.

(2) (a) In forming its opinion under subsection (1), the planning authority or the Commission shall have regard to—

(i) any information furnished to the planning authority or the Commission in connection with the application,

(ii) any information available to the planning authority or the Commission concerning development carried out by a person to whom this section applies pursuant to a previous permission,

(iii) any information otherwise available to the planning authority or the Commission concerning a substantial unauthorised development carried out by a person to whom this section applies, or

(iv) any information concerning a conviction for an offence under this Act or the Act of 2000.

(b) In forming its opinion under subsection (1), the planning authority or the Commission shall only consider those failures to comply with any previous permission, or with any condition to which that permission is subject, that are of a substantial nature.

(3) An opinion under subsection (1) shall not be a decision on an application for permission for the purposes of this Part.

(4) If the planning authority or the Commission considers that there are good grounds for it being able to form the opinion under subsection (1) and, accordingly, to exercise its power under subsection (5), it shall serve a notice on the applicant to that effect specifying—

(a) the grounds under subsection (1) that the planning authority or the Commission intends to take into consideration in the proposed exercise of its power under subsection (5), and

(b) that the applicant is invited to make submissions to the planning authority or the Commission, within a period specified in the notice, as to why the planning authority or the Commission should not exercise its power under subsection (5), including that the views of the planning authority or the Commission are incorrect or that there are not good grounds for forming the opinion under subsection (1).

(5) If the planning authority or the Commission, having considered any submissions made to it in accordance with a notice under subsection (4), proceeds to form the opinion under subsection (1) in relation to the application concerned, it shall refuse to grant the permission concerned and notify the applicant accordingly.

(6) The applicant may, within 8 weeks beginning on the date of receipt of the notification under subsection (5), notwithstanding section 379 and Part 9 , apply, by motion on notice to the planning authority or the Commission, to the High Court for an order annulling the decision of the planning authority or the Commission and, on the hearing of such application, the High Court may, as it considers appropriate, confirm the decision of the planning authority or the Commission, annul the decision and direct the planning authority or the Commission to consider the applicant’s application for permission without reference to this section or make such other order as it sees fit.

(7) If, in pursuance of subsection (6), the High Court directs the planning authority or the Commission to consider the applicant’s application for planning permission without reference to this section, the planning authority or the Commission shall make its decision on the application in accordance with this Part.

(8) No appeal shall lie to the Commission from a decision of a planning authority to refuse to grant planning permission under subsection (5).

(9) A reference in this section to an application for permission shall be construed as a reference to—

(a) an application for permission for development under Chapter 3 or Chapter 4,

(b) an application for retention permission under Chapter 3,

(d) an appeal to the Commission of any decision by a planning authority under Chapter 3, and

(e) a request for the alteration or extension of any permission under Chapter 5.

(10) In this section “a person to whom this section applies” means—

(a) the applicant for the permission concerned,

(b) a partnership of which the applicant is or was a member and which, during the membership of that applicant, carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,

(i) carried out a development pursuant to a previous permission,

(ii) carried out a substantial unauthorised development, or

(iii) has been convicted of an offence under this Act,

or, during any period to which subparagraph (i) or (ii) relates or to which any conviction under subparagraph (iii) relates, the registered society was, during that period, controlled by the applicant—

(I) where, pursuant to section 15 of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014 , “control” has the same meaning as in subsection (5) of section 220 of the Companies Act 2014 , or

(II) as a shadow director within the meaning of subsection (1) of section 2 of the Companies Act 2014 ,

(d) a company (within the meaning of the Companies Act 2014 ) that—

(i) is related (for the purposes of subsection (10) of section 2 of the Companies Act 2014 ) to the applicant for the proposed development, or

(ii) has control (within the meaning of subsection (5) of section 220 of the Companies Act 2014 ) of such applicant, and that has—

(I) carried out development pursuant to a previous permission,

(II) carried out a substantial unauthorised development, or

(III) has been convicted of an offence under this Act,

(e) a company (within the meaning of the Companies Act 2014 ) that carried out development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act, where—

(i) the company is under the control (within the meaning of subsection (5) of section 220 of the Companies Act 2014 ) of the applicant for the proposed development, or

(ii) the applicant for the proposed development is a shadow director (within the meaning of the Companies Act 2014 ) of the company.

Effect of judicial review of Maritime Area Consent on application or appeal under Part

174. (1) Where the Maritime Area Regulatory Authority grants a maritime area consent, the person who applied for that consent shall, notwithstanding the making by any other person of an application under Part 9 or under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) for judicial review of the decision to grant that consent, be eligible to make an application under Chapter 3 or Chapter 4 for permission for development.

(2) Where a person makes an application in accordance with Chapter 3 or Chapter 4 for permission for development in circumstances to which subsection (1) applies, the coastal planning authority concerned or the Commission shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it by and in accordance with Chapter 3 or Chapter 4 in relation to that application for permission as if no such application for judicial review had been made.

(3) Where an application for permission for development made under Chapter 3 in circumstances to which subsection (1) applies is refused by a coastal planning authority and the applicant for such permission appeals the refusal to the Commission under Chapter 3, the Commission shall, notwithstanding any pending application for judicial review referred to in subsection (1), perform the functions conferred on it under this Act in relation to the appeal concerned as if no such application for judicial review had been made.

(4) A permission granted under this Part for development in circumstances to which this section applies shall not come into effect unless and until—

(a) final judgment is given—

(i) in relation to the application for judicial review referred to in subsection (1), and

(ii) upholding the grant of the maritime area consent concerned in respect of which that application was made,

(b) the application for judicial review referred to in subsection (1) is withdrawn.

Effect of revocation of Maritime Area Consent on application under Part

175. Notwithstanding subsection (4) of section 85 , where a planning authority or the Commission receives notice under section 156 of the Act of 2021 from the Maritime Area Regulatory Authority of the revocation or suspension of a maritime area consent on which an application for permission is based, the planning authority or the Commission, as the case may be, shall deem the application for permission to be invalid and shall notify the applicant in writing that the application for permission is deemed invalid.

Effect of appeal to Commission under Chapter 3 on making application under Part

176. (1) Notwithstanding any other provision of this Part, where an appeal to the Commission has been made under Chapter 3, no application for permission for the same development shall be made under this Part before—

(a) the Commission has made its decision on the appeal,

(b) the appeal is declared invalid pursuant to subsection (4), (5) or (6) of section 103 or withdrawn or declared invalid pursuant to section 172 , or

(2) Where an application for permission referred to in subsection (1) is made to a planning authority, the planning authority shall refuse to consider the application and shall notify the applicant that the application cannot be considered.

(3) Where an application for permission referred to in subsection (1) is made to a planning authority, any dispute as to whether that application for permission is for the same development as an application for permission that is the subject of an appeal to the Commission may be referred, by the planning authority or the applicant for permission, to the Commission for determination.

Duration of permission granted under Part

177. (1) Subject to section 180 , the duration of a permission for development granted under this Part shall be 5 years from the date of grant, or, subject to subsection (3), such other period from the date of grant as may be specified in the grant of permission.

(2) (a) On making an application for permission under this Part, an applicant may request a duration other than the period of 5 years specified at subsection (1).

(b) Where a duration other than the period of 5 years specified at subsection (1) is requested under paragraph (a), any public notice of the proposed development required by or under this Act shall specify the duration sought.

(3) On granting a permission for development under this Part, a planning authority or the Commission may—

(a) where requested by the applicant under subsection (2) or at its own discretion, specify the duration of the permission, which duration shall be not less than 2 years and not more than 10 years from the date of grant, or

(b) in relation to Chapter 4 development specify that the duration of a permission may be more than 10 years.

(4) A planning authority or the Commission shall have regard to the nature and extent of the proposed development and any other material considerations, in determining the duration of a permission under subsection (3).

(5) A decision of a planning authority or the Commission to exercise, or refuse to exercise, the power conferred on it by this section to specify the duration of the permission shall form part of the decision of the planning authority or the Commission on the application for permission under this Part.

Phasing plans

178. (1) Where an application for permission under this Part relates to a proposed residential development consisting of not fewer than 10 housing units, the application for permission shall—

(a) specify the duration of permission sought, and

(b) be accompanied by a phasing plan.

(2) A phasing plan referred to in subsection (1) shall specify—

(a) the sequencing of the proposed development,

(b) the schedule of works for the proposed development,

(d) such further information as may be prescribed.

(3) Where an application is required to be accompanied by a phasing plan, the planning authority or the Commission may attach as a condition to any grant of permission a requirement that the development comply with any specified provision of the phasing plan.

(4) A condition under subsection (3) shall provide that any sequence or period specified in the phasing plan may be amended with the prior written agreement of the planning authority.

(5) In this section “phasing plan” means a plan—

(a) submitted by an applicant under this Part for residential development consisting of not fewer than 10 housing units,

(b) that describes the intended sequencing and scheduling of the construction and commissioning activities of the development, and

Effect of expiration of duration of permission

179. (1) Subject to section 180 , development, or such part thereof, completed in accordance with and prior to the expiration of the duration of a permission shall not be unauthorised development.

(2) Subject to subsection (3), a permission granted under this Part shall, on the expiration of its duration, cease to have effect as regards—

(a) the entire development, where the development to which the permission relates is not commenced prior to the expiration of the duration of the permission, or

(b) so much of the development as is not completed within the duration of the permission, where the development to which the permission relates is commenced within that duration.

(3) (a) Subsection (2) shall not apply—

(i) in relation to retention permission for any unauthorised structure,

(ii) in relation to any permission granted either for a limited period only or subject to a condition specified in paragraph (o) of subsection (3) of section 87 ,

(iii) in the case of a house, shop, office or other building which itself has been completed, in relation to the provision of any structure or works included in the relevant permission and which are either necessary for or ancillary or incidental to the use of the building in accordance with that permission, or

(iv) in the case of a development comprising a number of buildings of which only some have been completed, in relation to the provision of roads, services, community facilities or open spaces included in the relevant permission and which are necessary for or ancillary or incidental to the completed buildings.

(b) Subsection (2) shall not affect—

(i) the continuance of any use of land or a maritime site in accordance with a permission, or

(ii) the obligation of any person to comply with any condition attached to the relevant permission in respect of a development that has been completed (whether to an extent specified in subsection (2) or otherwise), whereby something is required either to be done or not to be done.

Suspension of running of duration of permission during judicial review proceedings

180. (1) Where Part 9 judicial review proceedings in which a party questions the validity of a permission to which this section applies are commenced, the person who is carrying out or proposes to carry out the development to which the permission relates may give notice, in writing, to the following of the commencement of the proceedings and of the date of the commencement of the proceedings (within the meaning of subsection (5) of section 280 )—

(a) where the permission relates primarily to land, the planning authority in whose functional area the land is situated, or

(b) where the permission relates primarily to a maritime site, the Maritime Area Regulatory Authority.

(2) Where notice is given in accordance with subsection (1)—

(a) the running of the duration of the permission shall be considered to be suspended for the period beginning on the date of the commencement of the proceedings and ending on the date the proceedings are finally concluded (in this section referred to as the “relevant period”),

(b) during the relevant period the permission shall, subject to subsection (8) and other than in so far as is necessary for the purposes of the proceedings, not have effect for the purposes of this Act,

(c) the duration of the permission shall continue to run from the day following the date the proceedings are finally concluded, in so far as the permission continues to have effect in accordance with the decision of the court that finally concluded the proceedings, and

(d) in reckoning the duration of the permission for the purposes of this Act, the relevant period shall be disregarded.

(3) Where notice is given under subsection (1), the person who is carrying out or proposes to carry out the development to which the permission relates shall give notice, in writing, to the planning authority or the Maritime Area Regulatory Authority notified under subsection (1) of the following matters:

(a) the fact that the proceedings are finally concluded and the date the proceedings are finally concluded,

(b) the decision of the court that finally concluded the proceedings, and

(4) The Minister may prescribe—

(a) the form and manner in which, and the period within which, the notices referred to in subsections (1) and (3) shall be given, and

(b) the form and manner in which, and the period within which, receipt of the notices may be confirmed by the planning authority or the Maritime Area Regulatory Authority.

(5) A notice that is not given in accordance with this section or regulations under this section shall be invalid for the purposes of this section.

(6) The planning authority or the Maritime Area Regulatory Authority, as the case may be, shall enter the following information in the register:

(a) the date of the commencement of the proceedings;

(b) the date the proceedings are finally concluded;

(d) particulars of a notice given under subsection (1) or (3);

(e) the date the duration of the permission expires in accordance with this section;

(f) such other information as the Minister may prescribe.

(7) For the purposes of this section, Part 9 judicial review proceedings are finally concluded on the earlier of—

(a) the date of the determination of the proceedings by a decision of a court against which no further appeal lies, or against which an appeal lies within a period which has expired without an appeal being taken, or

(b) the date on which it is confirmed by a decision of a court against which no further appeal lies, or against which an appeal lies within a period which has expired without an appeal being taken, that the validity of the permission is no longer questioned in the proceedings.

(8) Nothing in this section shall be construed as meaning that development carried out in accordance with the permission before the giving of a notice referred to in subsection (1) is, by reason only of the giving of the notice, unauthorised development.

(9) This section applies to—

(a) a permission under this Act, other than—

(i) a permission that is a retention permission under Chapter 3 or permission that is for development for which retrospective consent is required under Chapter 4, or

(ii) a permission that is an extension of the duration of a permission under Chapter 5,

and

(b) a permission or approval under the Act of 2000 deemed under section 188 to be a permission under this Act, other than permission for retention of development (under the Act of 2000) or substitute consent (within the meaning of the Act of 2000),

but does not apply to an outline permission (within the meaning of section 96 ).

(10) This section shall apply to an application for judicial review brought on or after the date of the commencement of this subsection under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) on foot of section 50 leave (within the meaning of section 50A of the Act of 2000) as it applies to Part 9 judicial review proceedings, subject to the following modifications—

(a) references in this section to a permission shall include references to—

(i) a permission under this Act, other than—

(I) a permission that is a retention permission under Chapter 3 or permission that is for development for which retrospective consent is required under Chapter 4, or

(II) a permission that is an extension of the duration of a permission under Chapter 5,

but does not include an outline permission (within the meaning of section 96 ),

(ii) a permission or approval under the Act of 2000 deemed under section 188 to be a permission under this Act, other than a permission for retention of development (under the Act of 2000) or substitute consent (within the meaning of the Act of 2000), and

(iii) a permission under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ,

(b) references in this section to the commencement of Part 9 judicial review proceedings shall be construed as references to the bringing of an application for judicial review on foot of section 50 leave by the issuing from the High Court of the originating document in respect of the application or, where an order is made by the High Court that an application for section 50 leave be treated as if it were the hearing of the application for judicial review, to the making of that order,

(c) references in this section to the date of the commencement of Part 9 judicial review proceedings shall be construed as references to the date on which the originating document in respect of the application for judicial review on foot of section 50 leave is issued from the High Court or, where an order is made by the High Court that an application for section 50 leave be treated as if it were the hearing of the application for judicial review, the date of the making of that order, and

(d) all other necessary modifications.

(11) In this section “ Part 9 judicial review proceedings” has the meaning it has in section 278 .

Effect of grant of permission under Part

181. (1) Where permission for development or retention permission is granted under this Part, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land or maritime site and of all persons for the time being interested therein.

(2) Where permission is granted under this Part for a structure, the grant of permission may—

(a) specify the purposes for which the structure may or may not be used, and

(b) where the grant specifies use as a dwelling as a purpose for which the structure may be used, be subject to a condition specifying that the use of the structure as a dwelling shall be restricted to use by persons of a particular class or description and the requirement to that effect may be embodied in an agreement under section 257 .

(3) (a) Where permission for development of land is granted under this Part for a limited period only, nothing in this Part shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

(b) In determining for the purposes of paragraph (a) the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land taking place in contravention of this Part.

(4) (a) With reference to development of land, where permission is granted under this Part solely for a material change of use of any structure or other land, the person carrying out the development shall, no less than 2 weeks prior to the date on which the material change of use occurs, lodge a notice with the planning authority in whose functional area the development is situated, specifying the date on which that change of use will occur.

(b) With reference to maritime development, where permission is granted under this Part solely for a material change of use of any structure or maritime site, the person carrying out the development shall, no less than 2 weeks prior to the date on which the material change of use occurs, lodge a notice—

(i) in the case of development wholly or partly in the nearshore area, with the coastal planning authority in whose functional area the development is situated, if any, and

(ii) in the case of development wholly or partly in the outer maritime area, with the Maritime Area Regulatory Authority,

specifying the date on which that change of use will occur.

(5) If no purpose is specified pursuant to subsection (2) in a permission, a permission shall be construed as precluding such uses as are not consistent with—

(a) the design of any structure as permitted, or

(b) such permitted use of the structure as may be implied from the permission,

and in considering the foregoing, regard may be had to the fact that the planning authority or the Commission decided not to specify in the permission the purpose for which the structure is permitted to be used.

(6) Notwithstanding anything in this Part, permission shall not be required under this Part, in the case of land which, on 1 October 1964, was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for any other purpose, for the use of the land for that other purpose on similar occasions after 1 October 1964.

Nuclear fission

182. Nothing in this Act shall be construed as enabling the authorisation of development consisting of an installation for the generation of electricity by nuclear fission.

Regulations under Part

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,

(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,

(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 .

Disclosure of details of certain internal arrangements of proposed State authority development

184. Nothing in this Part shall require the disclosure by a Minister of the Government, the Commissioners or the Commission of details of the internal arrangements of a proposed State authority development that might prejudice the internal or external security of the development or facilitate any unauthorised entrance to, or exit from, the development of any person.

Continued application of section 45 of Act of 2000 for certain purposes

185. Notwithstanding section 6 —

(a) section 45 of the Act of 2000 shall continue to apply and have effect—

(i) in relation to a request made under paragraph (c) of subsection (1) of the said section 45 before the repeal of that section by section 6 ,

(ii) in relation to, and for the purposes of, a notice published under the said section 45 before that repeal,

(iii) in relation to an appeal brought under subsection (3) of section 45 before that repeal, and

(iv) in relation to land to which an order referred to in paragraph (b) applies,

and

(b) an order under subsection (5) of the said section 45 in force immediately before the repeal of that section by section 6 shall remain in force and have effect on and after that repeal.

Continued operation of sections 285, 291, 292, 293, 294 and 295 of Act of 2000 for certain purposes

186. Where an application for approval was made under section 291 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 293 of that Act in relation to the application before such repeal, the said sections 291 and 293 and sections 285, 292, 294 and 295 of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

Continued operation of sections 297, 298, 299, 300, 301 and 302 of Act of 2000 for certain purposes

187. Where a request was made to the Board under section 297 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not commence or complete the performance of the functions under section 298 or 299 of that Act in relation to the request before such repeal, the said sections 297, 298 and 299 and sections 300, 301 and 302 of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that request.

Status of permission, consent, approval granted under Act of 2000

188. (1) A permission granted under section 34 of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be a permission granted under section 98 .

(2) A permission granted under section 37 of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be a permission granted under section 109 .

(3) A permission granted under section 37G, 37N or 293 of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be a permission granted under section 123 .

(4) An approval under subsection (9) of section 175 of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be a permission granted under section 123 .

(5) A substitute consent granted under section 177K of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be a retrospective consent granted under section 123 .

(6) An approval under subsection (8) of section 177AE of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be a permission granted under section 123 .

(7) An approval under subsection (2L) of section 181 of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be a permission granted under section 123 .

(8) An approval under subsection (6) of section 181B of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be a permission granted under section 123 .

(9) An approval under subsection (5) of section 182B of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be a permission granted under section 123 .

(10) An approval under subsection (5) of section 182D of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be a permission granted under section 123 .

PART 5

Developments at Dublin Airport

Interpretation

189. (1) In this Part—

“Act of 2019” means the Aircraft Noise (Dublin Airport) Regulation Act 2019 ;

“Aircraft Noise Regulation” means Regulation (EU) No 598/2014 of the European Parliament and of the Council of 16 April 2014¹³ on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Union airports within a Balanced Approach and repealing Directive 2002/30/EC;

“airport” means Dublin Airport and includes, as appropriate, the area around the airport significantly affected by aircraft noise;

“airport authority” means daa public limited company;

“appeal body” shall be construed in accordance with subsection (1) of section 10 of the Act of 2019;

“competent authority” means the competent authority designated by section 3 of the Act of 2019 to be the competent authority for the purposes of the Aircraft Noise Regulation;

“Environmental Noise Directive” means Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002¹⁴ relating to the assessment and management of environmental noise;

“introduced” includes implemented;

“measure” includes a restriction;

“noise” means aircraft noise;

“noise abatement objective” means the noise abatement objective for the airport;

“noise mitigation measure” means a noise mitigation measure in place at the airport and includes—

(a) a land-use planning and management measure intended to reduce noise at source, and

(b) a noise abatement operational measure,

that do not restrict the capacity of the airport but does not include an operating restriction;

“operating restriction” means an operating restriction in place at the airport;

“relevant authority” means—

(a) the planning authority, or

(b) the competent authority;

“specified” means, in relation to a form, specified under section 28 of the Act of 2019.

(2) (a) A word or expression that is used in this Part and in the Aircraft Noise Regulation has the meaning in this Part that it has in that Regulation.

(b) A word or expression that is used in this Part and in the Environmental Noise Directive has the meaning in this Part that it has in that Directive.

(3) Where a provision of this Act or regulations under this Act provides for the specification of a period in a notice or direction, the period specified shall be a period that is reasonable in all the circumstances of the case.

Application of Part

190. This Part (as well as Part 4) applies to an application for permission for development or proposed development at the airport.

Proposed development at Dublin Airport

191. (1) (a) (i) Where the planning authority receives an application under Chapter 3 of Part 4 for development at the airport, it shall, as soon as is practicable after such receipt—

(I) give a copy of the application to the competent authority, and

(II) enter into consultations with the competent authority for the purpose of giving such assistance as the competent authority may require in order to enable the competent authority, subject to subparagraph (ii), within 4 weeks of the competent authority receiving such copy, to consider the application and either form the opinion referred to in subparagraph (iv) or to conclude that it is not of that opinion.

(ii) The competent authority may extend, by such period as may be specified by the competent authority, the 4 week period referred to in clause (II) of subparagraph (i), where it appears to it to be necessary, by virtue of the complexity of the application, to do so and shall give a notice in writing to the planning authority stating its reasons for such extension.

(iii) The competent authority shall, where it concludes that it is not of the opinion referred to in subparagraph (iv), as soon as is practicable after it so concludes, give notice of that conclusion to the planning authority.

(iv) The following provisions of this section apply where the competent authority, in considering the application, forms the opinion that the development—

(I) contains a proposal requiring the assessment for the need for a noise related action, or

(II) indicates that a new operating restriction may be required.

(b) Subsections (1) to (3) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to the performance by the competent authority of its functions under this section.

(c) Subsections (4) to (7) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to measures referred to in this section as those subsections apply to measures referred to in those subsections.

(2) The competent authority shall, as soon as is practicable after it forms the opinion referred to in subparagraph (iv) of paragraph (a) of subsection (1), give notice to the planning authority of that opinion and the planning authority shall, as soon as is practicable after receiving the notice, and thereafter as necessary consult with the competent authority in relation to, as appropriate, one or more of the following matters:

(a) any aspect of the development relating to noise that may arise in the operation of the development if it is carried out (including any such aspect relating to appropriate assessment or environmental impact assessment);

(b) any noise problem that would arise from the carrying out of the development as proposed, taking account of any noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the application and any further information subsequently sought by the relevant authority from the applicant in relation to those matters and given by the applicant to the planning authority and the competent authority;

(i) any information on the application of the Balanced Approach to the consideration of the inclusion of noise mitigation measures or operating restrictions (if any), or any combination thereof, in the application and any further information subsequently sought under paragraph (b) by the relevant authority from the applicant in relation to those matters and given by the applicant to the planning authority and the competent authority,

(ii) whether noise mitigation measures or operating restrictions (if any), or any combination thereof, not proposed in the application are or is required and any information or plans subsequently sought by the relevant authority from the applicant in relation to such measures or restrictions, or combination thereof, as the case may be, and given by the applicant to the planning authority and the competent authority,

(iii) any information subsequently sought by the relevant authority from the applicant in relation to the application of the Balanced Approach to the noise mitigation measures or operating restrictions, or combination thereof, referred to in subparagraph (ii) and given by the applicant to the planning authority and the competent authority, and

(iv) subject to subsection (4), whether permission could, in so far as noise-related issues are concerned, be granted for the development subject to conditions specified by the competent authority relating to noise mitigation measures or operating restrictions (if any), or any combination thereof.

(3) Where the applicant gives any information or plans referred to in subsection (2) to a relevant authority, the applicant shall, on the same date (or as soon as practicable thereafter), give copies of such information or plans, as the case may be, to the other relevant authority.

(4) Notwithstanding any other provision of this Act, the planning authority shall neither decide to refuse permission for the development nor decide to grant such permission subject to or without conditions until it receives a notice under subsection (5) or subparagraph (ii) of paragraph (a) of subsection (15) from the competent authority in respect of the application.

(5) (a) Paragraph (b) applies where the competent authority is satisfied that permission should not be granted for the development for the reason that inadequate provision has been made in the application (or in any plans or further information, or both, subsequently given by the applicant to the planning authority and the competent authority) to deal with the noise problem that would arise from the carrying out of the development as proposed.

(b) The competent authority shall, as soon as is practicable after it is so satisfied, give a notice to the planning authority, stating the competent authority’s reasons why it is so satisfied, and directing the planning authority to refuse permission for the development.

(c) The planning authority shall comply with a direction given to it under paragraph (b) as soon as is practicable after it receives the notice concerned referred to in that paragraph and shall incorporate such notice in its decision to refuse permission for the development.

(d) Notwithstanding that a refusal referred to in paragraph (c) arises from a direction given by the competent authority to the planning authority, such refusal and the reasons for it shall, for the purposes of Chapter 3 of Part 4 as read with section 193 be treated as the decision, or part of the decision, as appropriate, of the planning authority on the application, and the other provisions of this Act shall be construed accordingly.

(6) Subsection (7) applies where the competent authority has applied the Balanced Approach to the noise problem referred to in subsection (2) and, in accordance with the Balanced Approach, assessed the noise mitigation measures or operating restrictions (if any), or any combination thereof, that may be required to be introduced as part of the development, and whether or not such measures or restrictions, or combination thereof, as the case may be, are or is in addition to, or in replacement of, one or more—

(a) noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the application, or

(b) existing noise mitigation measures or operating restrictions (if any), or any combination thereof.

(7) The competent authority shall, as soon as it is practicable for it to do so, by notice in writing given to the applicant and copied to the planning authority—

(a) inform the applicant of the noise mitigation measures or operating restrictions (if any), or any combination thereof, it proposes shall be required in a decision (if any) to grant permission for the development and its reasons for so proposing, and

(b) stating that the applicant may, within the period specified in the notice (being a period of not less than 4 weeks), make submissions on such noise mitigation measures or operating restrictions (if any), or any combination thereof, as the case may be, and on such reasons, which submissions may include counterproposals and be made by notice given to the competent authority and copied to the planning authority.

(8) The competent authority shall apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant before the expiration of the period specified in the notice under subsection (7) concerned.

(9) Subject to subsection (10), the competent authority shall, as soon as is practicable after it complies with subsection (7) and, if applicable, subsection (8) and (at its discretion) having consulted with the applicant or any other person that it wishes to, in accordance with the Aircraft Noise Regulation and the Act of 2019, make, and publish on its website, a draft regulatory decision—

(a) on the noise mitigation measures or operating restrictions (if any), or any combination thereof, that it proposes to direct the planning authority to include as conditions of the planning authority’s decision (if any) to grant permission for the development, or

(b) that no such conditions are required to be included in the planning authority’s decision (if any) to grant permission for the development.

(10) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the competent authority’s reasons for such decision and include therein, as appropriate:

(a) a summary of the data examined (including any data relating to appropriate assessment or environmental impact assessment);

(b) the noise abatement objective;

(d) an evaluation of the cost-effectiveness of the various measures considered by it;

(e) the application by it of the Balanced Approach;

(f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered by it;

(g) particulars of any proposed noise mitigation measures and operating restrictions (if any) proposed by it to be introduced;

(h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any);

(i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any) proposed by it to be introduced;

(j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i).

(11) (a) Where paragraph (a) of subsection (9) applies, the competent authority shall, as soon as is practicable after it complies with paragraph (a) of that subsection, give a notice to the airport authority directing it to—

(i) engage in discussions with the Irish Aviation Authority, the Irish Air Navigation Service and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft regulatory decision referred to in subsection (9), and

(ii) inform the competent authority of the outcome of those discussions before the expiration of the 14 weeks referred to in paragraph (c) of subsection (12).

(b) The airport authority shall comply with a direction given to it under paragraph (a).

(12) The competent authority shall, as soon as is practicable after it complies with subsections (9) and (10), publish, in a national newspaper, a notice—

(a) stating that the competent authority has—

(i) made a draft regulatory decision under subsection (9), and

(ii) prepared the related report under subsection (10),

(b) stating particulars of how persons may view or otherwise have access to the draft regulatory decision and related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours),

(c) inviting persons to make submissions in writing (and to provide a return address with such submissions) in the specified form (if any) on the draft regulatory decision or related report, or both, before the expiration of 14 weeks beginning on the date of publication of the notice in the national newspaper, and

(d) stating particulars of the addresses (which shall include an electronic address) to which such submissions may be sent.

(13) (a) The competent authority shall, as soon as is practicable after it complies with subsections (9) and (10), give to each of the applicant, the airport authority and the planning authority a copy of the draft regulatory decision that it made under subsection (9) and the related report that it prepared and published under subsection (10).

(b) For the avoidance of doubt, it is hereby declared that the applicant, the airport authority and the planning authority may each make submissions referred to in paragraph (c) of subsection (12) in accordance with that subsection.

(14) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in paragraph (c) of subsection (12) and having regard to the submissions (if any) referred to in that subsection received by it within such 14 weeks and any information provided to the competent authority under subparagraph (ii) of paragraph (a) of subsection (11)—

(a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (9) without any amendments or with such amendments as it considers appropriate, and

(b) revise the related report prepared under subsection (10) to take into account such submissions (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision.

(15) The competent authority shall—

(a) as soon as is practicable after it complies with subsection (14)—

(i) publish on its website the regulatory decision it has adopted under paragraph (a) of subsection (14) and the related report it has revised under paragraph (b) of subsection (14), and

(ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published in accordance with that paragraph), to—

(I) the applicant,

(II) the airport authority,

(III) the planning authority,

(IV) the elected members of Fingal County Council,

(V) the elected members of Dáil Éireann, and

(VI) the return addresses of the persons who have made submissions referred to in paragraph (c) of subsection (12) in accordance with that subsection on the draft regulatory decision or related report concerned,

and

(b) as soon as is practicable after it complies with subparagraph (i) of paragraph (a), publish, in a national newspaper, a notice stating—

(i) that the competent authority has made a regulatory decision under paragraph (a) of subsection (14),

(ii) that the competent authority has revised the related report under paragraph (b) of subsection (14),

(iii) particulars of how persons may view or otherwise have access to such regulatory decision and such related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours), and

(iv) that a right of appeal to the Commission against the regulatory decision exists under sections 103 to 113 as read with section 193 .

(16) (a) The planning authority shall—

(i) incorporate the competent authority’s regulatory decision under paragraph (a) of subsection (14), the subject of the notice given to the planning authority under subparagraph (ii) of paragraph (a) of subsection (15), and the competent authority’s reasons for such decision in the planning authority’s decision on the application and shall do so regardless of whether the planning authority’s decision is to refuse permission for the development or to grant permission for the development, and

(ii) notwithstanding any other provision of this Act, if necessary, revoke, revoke and replace, or amend the terms of, a condition of the permission granted in order to make the permission compatible with that regulatory decision.

(b) Notwithstanding that a regulatory decision referred to in paragraph (a) is made by the competent authority, such decision and the reasons for it shall, for the purposes of Chapter 3 of Part 4 as read with section 193 , be treated as the decision, or part of the decision, as appropriate, of the planning authority on the application, and the other provisions of this Act shall be construed accordingly.

(c) The planning authority shall make its decision on the application as soon as is practicable after it receives, pursuant to subparagraph (ii) of paragraph (a) of subsection (15), a copy of the competent authority’s regulatory decision under paragraph (a) of subsection (14).

(17) Subject to subsection (18), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under paragraph (a) of subsection (14) shall—

(a) if no appeal under section 103 as read with section 193 , is made, within the period referred to in subsection (5) of section 102 against the planning authority’s decision on the application, come into effect on the expiration of such period, and

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(18) The competent authority may, by notice published on its website on the same date as the regulatory decision made under paragraph (a) of subsection (14) is, pursuant to subparagraph (i) of paragraph (a) of subsection (15), also so published—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and

(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.

(19) Subject to paragraph (b) of section 26 of the Act of 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under paragraph (a) of subsection (14), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.

(20) Subject to subsection (21), an operating restriction referred to in subsection (19) shall—

(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(21) The competent authority may, by notice published on its website at any time before the day first-mentioned in paragraph (a) of subsection (20)—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (19), and

(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.

(22) Subsections (2) to (5) of section 99 shall not apply where the competent authority forms the opinion that a noise problem that would arise from the carrying out of the development as proposed would contravene materially the development plan.

Supplementary provisions relating to operating restriction included in planning permission

192. (1) (a) The person in whose favour a relevant permission operates may, by virtue of this subsection and notwithstanding any other provision of this Act, make a request to the planning authority under section 140 where the request is only for a relevant action to be taken.

(b) Section 140 and the other provisions of this Act shall be read with all necessary modifications to take account of the relevant application.

(2) The planning authority shall give the competent authority a copy of the relevant application and consult with the competent authority in relation to, as appropriate, one or more of the following matters—

(a) any noise problem that would arise from taking the relevant action as proposed (including any implications that would arise therefrom in relation to appropriate assessment or environmental impact assessment matters) and any further information subsequently sought by the relevant authority from the applicant in relation to such action and given by the applicant to the planning authority and the competent authority;

(b) where a noise problem would arise from taking the relevant action as proposed—

(i) any information in the relevant application on the application of the Balanced Approach to the relevant action and any further information or plans subsequently sought by the relevant authority from the applicant in relation to the relevant action or Balanced Approach and given by the applicant to the planning authority and the competent authority,

(ii) whether noise mitigation measures or operating restrictions (if any), or any combination thereof, not proposed in the relevant application are or is required and any information or plans subsequently sought by the relevant authority from the applicant in relation to such measures or restrictions, or combination thereof, as the case may be, and given by the applicant to the planning authority and the competent authority,

(iv) subject to subsection (4), whether permission could be granted for the taking of the relevant action subject to conditions specified by the competent authority relating to noise mitigation measures or operating restrictions (if any), or any combination thereof.

(4) Where this section applies and notwithstanding any other provision of this Act, the planning authority shall neither decide to refuse the relevant application nor grant the relevant application subject to or without conditions until it receives a notice under subsection (5) or subparagraph (ii) of paragraph (a) of subsection (16) from the competent authority in respect of the relevant application.

(5) (a) Paragraph (b) applies where the competent authority is satisfied that permission should not be granted for the relevant application for the reason that inadequate provision has been made in the application (or in any plans or further information, or both, subsequently given by the applicant to the planning authority and the competent authority) to deal with the noise problem that would arise from the carrying out of the relevant action as proposed.

(c) The planning authority shall comply with a direction given to it under paragraph (b) as soon as is practicable after it receives the notice referred to in that paragraph and shall incorporate such notice in its decision to refuse the relevant application.

(d) Notwithstanding that a refusal referred to in paragraph (c) arises from a direction given by the competent authority to the planning authority, such refusal and the reasons for it shall, for the purposes of section 143 as read with section 193 , be treated as the decision of the planning authority on the relevant application, and the other provisions of this Act shall be construed accordingly.

(6) The planning authority shall, in determining the relevant application, consider whether taking the relevant action requires the reconsideration of any other aspect of the relevant permission and, after having consulted with the competent authority, may, in accordance with regulations made under section 183 , request and consider further information from the applicant in that regard.

(7) Subsection (8) applies where the competent authority has applied the Balanced Approach to the noise problem referred to in subsection (2) and, in accordance with the Balanced Approach, assessed the noise mitigation measures or operating restrictions (if any), or any combination thereof, that may be required to be introduced, and whether or not such measures or restrictions, or combination thereof, as the case may be, are or is in addition to, or in replacement of, one or more—

(a) noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the relevant action, or

(b) existing noise mitigation measures or operating restrictions, or combination thereof.

(8) The competent authority shall, as soon as it is practicable for it to do so, by notice given to the applicant and copied to the planning authority—

(a) inform the applicant of the noise mitigation measures or operating restrictions (if any), or combination thereof, proposed to be required in a decision (if any) to grant the relevant application and its reasons for so proposing, and

(b) stating that the applicant may, within the period specified in the notice (being a period of not less than 4 weeks), make submissions on such noise mitigation measures or operating restrictions (if any), or combination thereof, as the case may be, and on such reasons, including counterproposals, by notice in writing given to the competent authority and copied to the planning authority.

(9) The competent authority shall apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant before the expiration of the period specified in the notice under subsection (8) concerned.

(10) Subject to subsection (11), the competent authority shall, as soon as is practicable after it complies with subsection (8) and, if applicable, subsection (9) and (at its discretion) having consulted with the applicant or any other person that it wishes to, in accordance with the Aircraft Noise Regulation and the Act of 2019, make, and publish on its website, a draft regulatory decision—

(a) on the noise mitigation measures or operating restrictions (if any), or combination thereof, that it proposes to direct the planning authority to include as conditions of the planning authority’s decision (if any) to grant the relevant application, or

(b) that no such conditions are required to be included in the planning authority’s decision (if any) to grant the relevant application.

(11) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the planning authority’s reasons for such decision and include therein, as appropriate:

(a) a summary of the data examined (including any data relating to appropriate assessment or environmental impact assessment);

(b) the noise abatement objective;

(d) an evaluation of the cost-effectiveness of the various measures considered by it;

(e) the application by it of the Balanced Approach;

(f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered by it;

(g) particulars of any proposed noise mitigation measures and operating restrictions (if any) proposed by it;

(h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any) proposed by it;

(i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any) proposed by it;

(j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i).

(12) (a) Where paragraph (a) of subsection (10) applies, the competent authority shall, as soon as is practicable after it complies with paragraph (a) of that subsection, give a notice to the airport authority directing it to—

(i) engage in discussions with the Irish Aviation Authority, Irish Air Navigation Service and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft regulatory decision referred to in subsection (10), and

(ii) inform the competent authority of the outcome of those discussions before the expiration of the 14 weeks referred to in paragraph (c) of subsection (14).

(b) The airport authority shall comply with a direction given to it under paragraph (a).

(13) (a) The competent authority shall, as soon as is practicable after it complies with subsections (10) and (11), give to each of the applicant, the airport authority and the planning authority a copy of the draft regulatory decision that it made under subsection (10) and the related report that it prepared and published under subsection (11).

(14) The competent authority shall, as soon as is practicable after it complies with subsections (10) and (11), publish, in a national newspaper, a notice—

(a) stating that the competent authority has—

(i) made a draft regulatory decision under subsection (10), and

(ii) prepared the related report under subsection (11),

(d) stating particulars of the addresses (which shall include an electronic address) to which such submissions may be sent.

(15) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in paragraph (c) of subsection (14) and having regard to the submissions (if any) referred to in that subsection received by it within such 14 weeks and any information provided to the competent authority under subparagraph (ii) of paragraph (a) of subsection (12)—

(a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (10) without any amendments or with such amendments as it considers appropriate, and

(b) revise the related report prepared under subsection (11) to take into account such submissions (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision.

(16) The competent authority shall—

(a) as soon as is practicable after it complies with subsection (15)—

(i) publish on its website the regulatory decision it has made under paragraph (a) of subsection (15) and the related report it has revised under paragraph (b) of subsection (15), and

(ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published), to—

(I) the applicant,

(II) the airport authority,

(III) the planning authority,

(IV) the elected members of Fingal County Council,

(V) the elected members of Dáil Éireann, and

(VI) the return addresses of the persons who have made submissions referred to in paragraph (c) of subsection (14) in accordance with that subsection on the draft regulatory decision or related report concerned,

and

(b) as soon as is practicable after it complies with subparagraph (i) of paragraph (a), publish, in a national newspaper, a notice stating—

(i) that the competent authority has made a regulatory decision under paragraph (a) of subsection (15),

(ii) that the competent authority has revised the related report under paragraph (b) of subsection (15),

(iv) that a right to appeal to the Commission against the regulatory decision exists under sections 103 to 113 as read with section 193 .

(17) (a) The planning authority shall—

(i) incorporate the competent authority’s regulatory decision under paragraph (a) of subsection (15), the subject of the notice given to the planning authority under subparagraph (ii) of paragraph (a) of subsection (16), and the competent authority’s reasons for such decision in the planning authority’s decision on the application and shall do so regardless of whether the planning authority’s decision is to refuse the relevant application or to grant the relevant application, and

(b) Notwithstanding that a regulatory decision referred to in paragraph (a) is a decision made by the competent authority, such decision and the reasons for it shall, for the purposes of section 143 as read with section 193 , be treated as the decision of the planning authority on the relevant application, and the other provisions of this Act shall be construed accordingly.

(c) The planning authority shall make its decision on the application as soon as is practicable after it receives, pursuant to subparagraph (ii) of paragraph (a) of subsection (16), a copy of the competent authority’s regulatory decision under paragraph (a) of subsection (15).

(18) Subject to subsection (19), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under paragraph (a) of subsection (15) shall—

(a) if no appeal under subsection (7) of section 143 as read with section 193 is made, within the period for bringing an appeal under subsection (5) of section 102 , against the planning authority’s decision on the application, come into effect on the expiration of such period, and

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(19) The competent authority may, by notice published on its website on the same date as the regulatory decision made under paragraph (a) of subsection (15) is, pursuant to subparagraph (i) of paragraph (a) of subsection (16), also so published—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and

(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.

(20) Subject to paragraph (b) of section 26 of the Act of 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under paragraph (a) of subsection (15), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.

(21) Subject to subsection (22), an operating restriction referred to in subsection (20) shall—

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(22) The competent authority may, by notice published on its website at any time before the day first-mentioned in paragraph (a) of subsection (21)—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (20), and

(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.

(23) In this Part, health aspects shall be assessed in accordance with the Environmental Noise Directive and the European Communities (Environmental Noise) Regulations 2018 ( S.I. No. 549 of 2018 ).

(24) In this section—

“relevant action”, in relation to a relevant operating restriction the subject of a relevant application, means—

(a) to revoke the operating restriction,

(b) to amend the terms of the operating restriction in the manner specified in the application,

(d) to take an action referred to in paragraph (a), (b) or (c) together with introducing new noise mitigation measures or revoking, revoking and replacing, or amending the terms of, existing noise mitigation measures, or a combination thereof,

(e) if the relevant application relates to 2 or more relevant operating restrictions, to take any combination of any of the actions referred to in paragraphs (a) to (d), or

(f) to take an action referred to in paragraph (a), (b), (c), (d) or (e) together with revoking, revoking and replacing, or amending the terms of, a condition of the relevant permission;

“relevant application” means a request referred to in paragraph (a) of subsection (1);

“relevant operating restriction”, in relation to a relevant permission, means an operating restriction included in that permission;

“relevant permission” means a permission granted under Chapter 3 of Part 4—

(a) for development at the airport, and

(b) that includes an operating restriction.

Supplementary provisions relating to decisions on certain applications referred to in subsection (1) of section 191 or subsection (1) of section 192 that were not refused

193. (1) (a) This section applies in addition to Chapter 3 of Part 4 in the case of an appeal under section 103 against a decision of the planning authority under section 98 where, pursuant to subsection (16) of section 191 or subsection (17) of section 192 , that decision incorporates a regulatory decision of the competent authority under paragraph (a) of subsection (14) of section 191 or paragraph (a) of subsection (15) of section 192 , as the case may be.

(b) The competent authority shall be a party to the appeal notwithstanding paragraph (b) of subsection (16) of section 191 or paragraph (b) of subsection (17) of section 192 .

(2) For the purposes of a relevant appeal, the reference in subsection (1) of section 102 to “any person who made submissions in writing in relation to the planning application to the planning authority” includes any person who made submissions in writing referred to in paragraph (c) of subsection (12) of section 191 or paragraph (c) of subsection (14) of section 192 to the competent authority in relation to the draft regulatory decision or related report referred to in subsection (9) or (10), as the case may be, of section 191 or subsection (10) or (11), as the case may be, of section 192 .

(3) (a) Subsections (1) to (3) of section 9 of the Act of 2019 shall apply to the Commission’s consideration of the relevant appeal, subject to the modification that any reference to the competent authority in those subsections shall be read as a reference to the Commission and subject to any other necessary modification.

(b) Subsections (4) to (7) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to measures forming part of the Commission’s consideration of the relevant appeal as those subsections apply to measures referred to in those subsections.

(c) The Commission may, in its decision on the relevant appeal and its related report (paragraph (a) of subsection (7)), accept or reject all or any part of—

(i) the relevant regulatory decision the subject of the appeal, or

(ii) the report prepared under subsection (10) of section 191 and revised under paragraph (b) of subsection (14) of section 191 , or prepared under subsection (11) of section 192 and revised under paragraph (b) of subsection (15) of section 192 , as appropriate, which relates to such relevant regulatory decision.

(4) (a) Paragraphs (b) and (c) shall apply where the Commission is considering, in its determination of the relevant appeal in so far as the appeal relates to the relevant regulatory decision, adopting noise mitigation measures or operating restrictions (if any), or a combination thereof, which were not, during the process that gave rise to the relevant regulatory decision, the subject of previous consultation conducted by the competent authority pursuant to section 191 or 192 , as the case may be.

(b) Subsection (12) of section 9 of the Act of 2019 shall apply to the Commission and the decision it is minded to make on the relevant appeal, subject to the modifications that—

(i) any reference to the competent authority in that subsection were a reference to the Commission, and

(ii) any reference in that subsection to the draft regulatory decision were a reference to the decision that the Commission is minded to make on the relevant appeal.

(i) publish on its website a draft of the decision it is minded to make on the relevant appeal in so far as the decision relates to the relevant regulatory decision which shall—

(I) identify all the noise mitigation measures and operating restrictions (if any) proposed to be adopted by the Commission and not just such measures (if any) referred to in paragraph (a), and

(II) stating, at a minimum, the Commission’s reasons for the draft decision and having annexed to it the related report (paragraph (b) of subsection (4)),

and

(ii) on the same date as complying with subparagraph (i) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper—

(I) stating that the Commission has made a draft decision under subparagraph (i) of paragraph (c) on the relevant appeal in so far as the appeal relates to the relevant regulatory decision and prepared the related report (paragraph (b) of subsection (4)),

(II) stating particulars of how persons may view or otherwise have access to the draft decision and related report (paragraph (b) of subsection (4)) (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the Commission during office hours),

(III) inviting persons to make submissions in writing (and to provide a return address with such submissions) in the form specified by the Commission (if any) on the draft decision (including any annex thereto) before the expiration of 14 weeks beginning on the date on which the notice was so published in the national newspaper, and

(IV) stating particulars of the addresses (which shall include an electronic address) to which such submissions may be sent.

(5) (a) The Commission shall, as soon as is practicable after it complies with subsection (4), give each of the appellant and the other parties to the relevant appeal a copy of the draft decision referred to in subparagraph (i) of paragraph (c) of subsection (4).

(b) For the avoidance of doubt, it is hereby declared that the appellant and the other parties to the relevant appeal may each make submissions referred to in clause (III) of subparagraph (ii) of paragraph (c) of subsection (4) in accordance with that subsection.

(6) (a) Where subsection (4) applies, the Commission shall, as soon as is practicable after it complies with paragraph (c) of that subsection, by notice direct the airport authority to—

(i) engage in discussions with the Irish Aviation Authority and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft decision referred to in subparagraph (i) of paragraph (c) of subsection (4), and

(ii) inform the Commission of the outcome of those discussions before the expiration of the 14 weeks referred to in clause (III) of subparagraph (ii) of paragraph (c) of subsection (4).

(b) The airport authority shall comply with a direction given to it under paragraph (a).

(7) The Commission shall, as soon as is practicable after it makes a decision on the relevant appeal, in so far as the appeal relates to the relevant regulatory decision—

(a) publish on its website the first-mentioned decision, in so far as it so relates, to which is annexed a report prepared by the Commission in relation to such decision stating the Commission’s reasons for such decision and including therein—

(i) such of the matters referred to in paragraphs (a) to (j) of subsection (10) of section 191 or paragraphs (a) to (j) of subsection (11) of section 192 , as the case may be, as are appropriate (which inclusion may be achieved, at the Commission’s discretion, by the adoption by it of any part of the report concerned referred to in subparagraph (ii) of paragraph (c) of subsection (3)), and

(ii) if subsection (4) applies, the related report (paragraph (b) of subsection (4)) revised by the Commission to take into account all documents, submissions (if any), and such other information, given to it pursuant to a provision of this section and to take into account the first-mentioned decision in so far as it so relates,

(b) on the same date as complying with paragraph (a) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper stating—

(i) that it has made a decision on the relevant appeal in so far as the appeal relates to the relevant regulatory decision,

(ii) particulars of how persons may view or otherwise have access to such decision (including any annex thereto) in so far as it so relates (which shall include being able to view the decision, or purchase a copy of the decision at a reasonable cost, at the offices of the Commission during office hours), and

(iii) that a person may question the validity of the Commission’s decision on the relevant appeal (including such decision in so far as it relates to the relevant regulatory decision) by way of an application for judicial review in accordance with Part 9 ,

(c) send a copy of the first-mentioned decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the appellant, the other parties to the relevant appeal and (if the airport authority is neither the appellant nor another party to the relevant appeal) the airport authority, and

(d) if subsection (4) applied, send a copy of the first-mentioned decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the return addresses of the persons who have made submissions referred to in clause (III) of subparagraph (ii) of paragraph (c) of subsection (4) in accordance with that subsection on the draft decision concerned.

(8) Where the Commission has failed to make a decision under section 109 as read with this section in relation to the relevant appeal within the period it is required to do so by a provision of this Act and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Commission shall nevertheless proceed to make such decision and the decision so made shall be considered to have been made under section 109 notwithstanding such failure.

(9) A failure by the Commission to determine an appeal under this Chapter within the period or periods specified in, or prescribed under, this section shall not invalidate the decision of the Commission in relation to the appeal.

(10) Subject to subsection (11), a noise mitigation measure to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision shall—

(a) come into effect on the day immediately following the day on which, pursuant to subsection (7), that first-mentioned decision is published on the website of the Commission, and

(b) after coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the Commission.

(11) The Commission may, by notice published on its website on the same date as the decision first-mentioned in subsection (10) is, pursuant to subsection (7), also so published—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and

(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.

(12) Subject to paragraph (b) of section 26 of the Act of 2019, the Commission shall, in relation to an operating restriction to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision, take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.

(13) Subject to subsection (14), an operating restriction to which subsection (12) applies shall—

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(14) The Commission may, by notice published on its website at any time before the day first-mentioned in paragraph (a) of subsection (13)—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction to which subsection (12) applies, and

(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.

(15) In this section—

“related report (paragraph (b) of subsection (4))” means the report (if any) prepared by the Commission pursuant to paragraph (b) of subsection (4);

“related report (paragraph (a) of subsection (7))” means the report prepared by the Commission pursuant to paragraph (a) of subsection (7);

“relevant appeal” means an appeal referred to in paragraph (a) of subsection (1);

“relevant regulatory decision”, in relation to a relevant appeal, means the relevant regulatory decision referred to in subsection (1) which is incorporated into the planning authority’s decision under section 98 that is the subject of the relevant appeal.

Supplementary provisions relating to decisions on applications referred to in subsection (1) of section 191 or subsection (1) of section 192

194. (1) (a) This section applies in addition to Chapter 3 of Part 4 in the case of an appeal under section 103 against a decision of the planning authority under section 98 where—

(i) pursuant to paragraph (a) of subsection (1) of section 191 , the competent authority concludes that it is not of the opinion referred to in subparagraph (iii) of paragraph (a) of subsection (1) of section 191 , or

(ii) pursuant to subsection (5) of section 191 or subsection (5) of section 192 , the competent authority decides to refuse the application concerned.

(b) The competent authority shall be a party to the appeal notwithstanding paragraph (d) of subsection (5) of section 191 or paragraph (d) of subsection (5) of section 192 .

(2) Without prejudice to the generality of the Commission’s powers under Chapter 3 of Part 4 , or under Chapter 3 of Part 4 as read with any other provision of this Act, the Commission shall, in determining the appeal—

(a) where subparagraph (i) of paragraph (a) of subsection (1) applies, take into account section 191 following subsection (1) of such section 191 , and of paragraph (b) of section 26 (with all necessary modifications) of the Act of 2019 as are, in the Commission’s opinion, relevant to the appeal,

(b) where the refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1) arises from the operation of subsection (5) of section 191 , take account of section 191 following subsection (5) of such section 191 , and paragraph (b) of section 26 (with all necessary modifications) of the Act of 2019, as are, in the Commission’s opinion, relevant to the appeal, or

(c) where the refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1) arises from the operation of subsection (5) of section 192 , take account of section 192 following subsection (5) of such section 192 , and of paragraph (b) of section 26 (with all necessary modifications) of the Act of 2019, as are, in the Commission’s opinion, relevant to the appeal.

(3) Subsections (1) to (3) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to—

(a) the Commission’s consideration of the appeal in so far as such consideration relates to—

(i) a conclusion referred to in subparagraph (i) of paragraph (a) of subsection (1), or

(ii) a refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1),

and

(b) the Commission’s determination of the appeal in so far as it so relates as referred to in paragraph (a),

as if any reference to the competent authority in those subsections (1) to (3) of that section 9 were a reference to the Commission.

(4) Subsections (4) to (7) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to measures forming part of the Commission’s consideration of the appeal as those subsections apply to measures referred to in those subsections.

(5) Subsection (12) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to—

(a) the Commission and the decision it is minded to make on the appeal in so far as such decision relates to—

(i) a conclusion referred to in subparagraph (i) of paragraph (a) of subsection (1), or

(ii) a refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1),

and

(b) the Commission’s determination of the appeal in so far as it so relates as referred to in paragraph (a),

as if any reference to the competent authority in such subsection (12) were a reference to the Commission and as if any reference in such subsection (12) to the draft regulatory decision were a reference to the decision that the Commission is minded to make on such appeal.

PART 6

Environmental Assessments

Chapter 1

Preliminary and General

Definitions

195. In this Part—

“applicant for permission” includes a person who makes a request for an alteration of the terms, or extension of the duration, of a permission under subsection (1) of section 140 ;

“application for permission” includes a request for an alteration of the terms, or extension of the duration, of a permission under subsection (1) of section 140 ;

“energy from renewable sources” has the meaning assigned to it by Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018¹⁵ on the promotion of the use of energy from renewable sources;

“environmental impact assessment” shall be construed in accordance with Chapter 4;

“permission” means—

(a) permission for development under Chapter 3 of Part 4 ,

(b) permission for development (including retrospective consent) under Chapter 4 of Part 4 , and

(c) an alteration of the terms, or extension of duration, of a permission requested under subsection (1) of section 140 ;

“relevant development” means—

(a) development,

(b) proposed development, or

(c) a proposed alteration of the terms, or extension of duration, of a permission requested under subsection (1) of section 140 .

Duties of independence, confidentiality, etc.

196. (1) A competent authority (within the meaning of Chapter 2, 3 or 4) shall be independent and impartial in the performance of its functions.

(2) (a) A requirement imposed on a developer by this Act to consult with a planning authority shall not apply if that planning authority is the developer.

(b) A requirement imposed on a developer by this Act to consult with a public authority shall not apply if that public authority is the developer.

(3) This Part shall not operate to require a competent authority (within the meaning of Chapter 2, 3 or 4) to contravene any prohibition or limitation on the disclosure of information imposed by law for the purposes of safeguarding commercial and industrial confidentiality (including in relation to intellectual property) or the public interest.

Access to expertise

197. A competent authority (within the meaning of Chapter 2, 3 or 4) shall ensure that it has access to such expertise as is necessary to enable it to perform its functions under this Part and, for that purpose, it may engage such consultants or advisers as it considers appropriate.

Chapter 2

Appropriate Assessment of Plans

Interpretation

198. (1) In this Chapter—

“competent authority” means—

(a) in relation to a National Planning Framework proposed to be published in accordance with subsection (1) of section 21 or a proposed revision of a National Planning Framework under that Chapter, the Minister,

(b) in relation to a National Planning Statement proposed to be issued under Chapter 3 of Part 3 or a proposed amendment to or revocation of a National Planning Statement under that Chapter, the Minister,

(c) in relation to the proposed revocation of any guidelines issued by the Minister under section 28 of the Act of 2000 and continued in force by virtue of section 27 , the Minister,

(d) in relation to a regional spatial and economic strategy proposed to be made under Chapter 4 of Part 3 or a proposed revision of a regional spatial and economic strategy under that Chapter, the regional assembly for the region to which the regional spatial and economic strategy concerned relates,

(e) in relation to a draft amendment to a regional spatial and economic strategy as provided for in subsection (2) of section 37 , the director of the regional assembly for the region to which the regional spatial and economic strategy concerned relates,

(f) in relation to a development plan proposed to be made under Chapter 5 of Part 3 or a proposed variation of a development plan under that Chapter, the planning authority to whose functional area the development plan concerned relates,

(g) in relation to a draft amendment to a development plan as provided for in subsection (2) of section 62 , the chief executive of the planning authority in whose functional area the development plan concerned relates,

(h) in relation to an urban area plan proposed to be made under Chapter 6 of Part 3 or a proposed amendment to or revocation of an urban area plan under that Chapter, the planning authority within whose functional area the settlement to which the urban area plan concerned relates is situate,

(i) in relation to a priority area plan proposed to be made under Chapter 6 of Part 3 or a proposed amendment to or revocation of a priority area plan under that Chapter, the planning authority within whose functional area the part of a settlement to which the priority area plan concerned relates is situate,

(j) in relation to a coordinated area plan proposed to be made under Chapter 6 of Part 3 or a proposed amendment to or revocation of a coordinated area plan under that Chapter, other than a revocation of a coordinated area plan in accordance with subsection (3) of section 77 , the principal planning authority (within the meaning of Part 3 ) in relation to the coordinated area plan concerned,

(k) in relation to a direction proposed to be issued by the Minister under section 40 in respect of a regional spatial and economic strategy and subject to subsection (2) of section 200 , the Office and the Minister,

(l) in relation to a direction proposed to be issued by the Minister under section 65 in respect of a development plan, the Office and the Minister,

(m) in relation to an order proposed to be made under subsection (3) of section 68 , the Minister;

(n) in relation to a direction proposed to be issued by the Minister under section 80 in respect of an urban area plan, a priority area plan or a coordinated area plan, the Office and the Minister, and

(o) in relation to an urgent direction proposed to be issued by the Minister under section 67 in respect of a development plan, the Minister;

“make” includes—

(a) in relation to a National Planning Framework, publish in accordance with subsection (1) of section 21 ,

(b) in relation to—

(i) a National Planning Statement,

(ii) a direction as provided for in section 40 , section 65 or section 80 , and

(iii) an urgent direction as provided for in section 67 ,

issue, and

(i) any guidelines issued by the Minister under section 28 of the Act of 2000 and continued in force by virtue of section 27 ,

(ii) an urban area plan,

(iii) a priority area plan, or

(iv) a coordinated area plan,

the making of the decision to revoke the guidelines, urban area plan, priority area plan or coordinated area plan, as the case may be;

“plan” means—

(a) a National Planning Framework or a revision to a National Planning Framework,

(b) a National Planning Statement, an amendment to a National Planning Statement or a revocation of a National Planning Statement,

(c) a revocation of guidelines issued by the Minister under section 28 of the Act of 2000 and continued in force by virtue of section 27 ,

(d) a regional spatial and economic strategy or a revision to a regional spatial and economic strategy,

(e) an amendment to a regional spatial and economic strategy as provided for in subsection (2) of section 37 ,

(f) a development plan or a variation of a development plan,

(g) an amendment to a development plan as provided for in subsection (2) of section 62 ,

(h) an urban area plan, an amendment to an urban area plan or a revocation of an urban area plan,

(i) a priority area plan, an amendment to a priority area plan or a revocation of a priority area plan,

(j) a coordinated area plan, an amendment to a coordinated area plan or a revocation of a coordinated area plan other than a revocation in accordance with subsection (3) of section 77 ,

(k) a direction in respect of a regional spatial and economic strategy as provided for in section 40 ,

(l) an order under subsection (3) of section 68 ,

(m) a direction in respect of a development plan as provided for in section 65 ,

(n) a direction in respect of an urban area plan, a priority area plan or a coordinated area plan as provided for in section 80 , and

(o) an urgent direction in respect of a development plan as provided for in section 67 ;

“proposed plan” means a plan that is proposed to be made;

“screening for appropriate assessment” means, in relation to a plan, an assessment carried out in accordance with section 202 .

(2) A word or expression that is used in this Chapter and in the Habitats Directive has the meaning in this Chapter that it has in that directive.

(3) A word or expression that is used in this Chapter and in the Birds Directive has the meaning in this Chapter that it has in that directive.

(4) This Chapter shall be construed in accordance with the Habitats Directive and the Birds Directive.

Purpose of Chapter

199. The purpose of this Chapter is to give effect to the State’s obligations under paragraphs 3 and 4 of Article 6 of the Habitats Directive in relation to plans.

Performance of functions by competent authority

200. (1) A competent authority shall, in performing the functions conferred on it by or under this Chapter, take appropriate steps to avoid in a European site the deterioration of natural habitats and the habitats of species as well as the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant having regard to the objectives of the Habitats Directive.

(2) The functions of the competent authority, in relation to a direction proposed to be issued by the Minister under section 40 in respect of a regional spatial and economic strategy, shall be performed by the Office and the Minister in accordance with sections 39 and 40 and subsection (6) of section 206 .

(3) The functions of the competent authority, in relation to a direction proposed to be issued by the Minister under section 65 in respect of a development plan, shall be performed by the Office and the Minister in accordance with sections 64 and 65 and subsection (6) of section 206 .

(4) The functions of the competent authority, in relation to a direction proposed to be issued by the Minister under section 80 in respect of an urban area plan, a priority area plan or a coordinated area plan, shall be performed by the Office and the Minister in accordance with sections 79 and 80 and subsection (6) of section 206 .

Prohibition on making of plans except in certain circumstances

201. A plan shall not be made under Part 3 unless—

(a) the competent authority has made a determination in accordance with subsection (4) of section 202 that an appropriate assessment is not required,

(b) the competent authority has carried out an appropriate assessment and has made a determination under subsection (5) of section 205 that the proposed plan will not adversely affect the integrity of a European site,

(c) the competent authority has carried out an appropriate assessment and the plan is proposed to be made in accordance with paragraph (b) of subsection (7) of section 205 ,

(d) the Minister has come to the conclusion referred to in subsection (11) of section 206 , or

(e) the Minister has—

(i) come to the conclusion referred to in paragraph (a) of subsection (11) of section 207 , or

(ii) come to the conclusion referred to in subparagraph (i) of paragraph (b) of subsection (11) of section 207 and received an opinion referred to in subparagraph (ii) of the said paragraph (b) from the European Commission.

Obligation to carry out screening for appropriate assessment of plans

202. (1) The competent authority shall carry out a screening for appropriate assessment of a proposed plan that is not directly connected with, or necessary for, the management of a European site, for the purpose of determining whether or not the proposed plan (either individually or in combination with any project or other plan) is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.

(2) For the purpose of the carrying out of a screening for appropriate assessment under this section, the competent authority may consult with such persons as the competent authority considers appropriate.

(3) (a) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority determines that the likelihood of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site cannot be excluded, the competent authority shall, before the making of the plan, carry out an appropriate assessment of the proposed plan in accordance with section 205 .

(b) In this subsection “proposed plan” includes a proposed modification, amendment or alteration of a proposed plan.

(4) (a) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority determines that the likelihood of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site can be excluded, an appropriate assessment of the proposed plan concerned shall not be required.

(b) In this subsection “proposed plan” includes a proposed modification, amendment or alteration of a proposed plan.

(5) Where, subsequent to the making of a determination under subsection (3) or subsection (4) and before a plan is made, it is proposed to—

(a) modify (other than in accordance with a determination under subsection (7) of section 205 ), or

(b) otherwise amend or alter,

the proposed plan to which the determination under subsection (3) or (4) applies, the competent authority shall—

(i) carry out a screening for appropriate assessment of the proposed modification, amendment or alteration of the proposed plan concerned, and

(ii) make a determination under subsection (3) or (4) in relation to the proposed modification, amendment or alteration.

(6) Where, on the basis of a screening for appropriate assessment carried out in accordance with subsection (5), the competent authority determines that the likelihood of a proposed modification, amendment or alteration of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site cannot be excluded, the competent authority shall—

(a) in the case of a proposed plan—

(i) that is proposed to be modified, amended or altered,

(ii) that has been the subject of a determination under subsection (3), and

(iii) in respect of which a Natura impact report relating to the proposed modification, amendment or alteration has been prepared in accordance with section 203 and public consultation has occurred in accordance with section 204 ,

comply with sections 203 and 204 in respect of the modification, amendment or alteration concerned for the purposes of ensuring that an appropriate assessment of the proposed plan as so modified, amended or altered is carried out in accordance with section 205 , or

(b) in the case of a proposed plan—

(i) that is proposed to be modified, amended or altered, and

(ii) that has been the subject of a determination under subsection (4),

carry out an appropriate assessment of the proposed plan as so modified, amended or altered in accordance with sections 203 , 204 and 205 .

(7) (a) Where a competent authority makes a determination under subsection (3) or (4), it shall publish a notice of the determination and the reasons therefor on an internet website maintained by it or on its behalf.

(b) Where the competent authority is a regional assembly or a planning authority and it makes a determination under subsection (3) or (4), it shall, in addition to complying with paragraph (a), make a copy of the determination and the reasons therefor available for inspection (free of charge) at its offices during normal office hours by members of the public.

(8) Where a competent authority is required to publish a notice in accordance with paragraph (a) of subsection (7) it shall, to the extent required by Part 3 , publish that notice with the notice of the proposal to make the plan concerned.

Natura impact report

203. (1) Where a competent authority has made a determination under subsection (3) of section 202 that the likelihood of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site cannot be excluded, the competent authority shall prepare, or cause to be prepared, a Natura impact report in relation to the plan concerned.

(2) A Natura impact report prepared under subsection (1) shall—

(a) be prepared by a person with the necessary scientific competence to do so,

(b) specify all of the habitat types and species—

(i) for which the relevant European site is designated, and

(ii) in relation to which the likelihood of significant effects arising from the proposed plan cannot be excluded,

(i) identify all potential significant effects of the proposed plan on the European site, whether such effects arise from the plan itself or the plan in combination with any project or other plan, and

(ii) assess the effects identified in accordance with subparagraph (i) and the implications of the plan for the European site,

(d) identify any measures proposed to be taken for the purposes of avoiding or reducing any adverse effects (identified in accordance with paragraph (c)) of the plan on the European site,

(e) having regard to—

(i) the habitat types and species specified in accordance with paragraph (b),

(ii) the potential significant effects identified and assessments made in accordance with paragraph (c), and

(iii) any measures identified in accordance with paragraph (d),

conclude either—

(I) that the proposed plan will adversely affect the integrity of a European site, or

(II) that the proposed plan will not adversely affect the integrity of a European site,

and

(f) include such other information as may be prescribed.

Consultation on Natura impact report

204. (1) Where a competent authority has prepared a Natura impact report under section 203 , it shall—

(a) publish the Natura impact report on an internet website maintained by it or on its behalf,

(b) publish a notice on that website—

(i) stating that a determination has been made under subsection (3) of section 202 that the likelihood of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site cannot be excluded and that, as a consequence and having regard to the conservation objectives relating to the European site, an appropriate assessment of the proposed plan is required to be carried out,

(ii) inviting submissions by members of the public with respect to the implications of the proposed plan for any European site having regard to the conservation objectives relating to that site, and

(iii) specifying the period during which, and the manner in which, such submissions may be made,

and

(i) make the Natura impact report available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(ii) specify, in the notice published in accordance with paragraph (b), the times and places at which, and the period during which, a copy of that Natura impact report may be inspected.

(2) The competent authority shall—

(a) send a copy of the proposed plan and the Natura impact report to—

(i) such persons as are required to be consulted under Part 3 in relation to the proposed plan, and

(ii) such other person or persons (if any) as may be prescribed,

and

(b) invite each such person to make, during the period referred to in subparagraph (iii) of paragraph (b) of subsection (1), submissions with respect to the implications of the proposed plan for any European site having regard to the conservation objectives relating to that site.

(3) (a) Where a competent authority complies with subsections (1) and (2), it shall, to the extent that any requirement under either of those subsections is a requirement under Part 3 , be deemed to have complied with the said requirement under Part 3 .

(b) Where a competent authority is required by this Part to give notice to any person of, or in relation to, any matter, neither this Part nor Part 3 shall be construed as preventing the competent authority from using that notice to comply with a requirement under Part 3 to give notice to that person of, or in relation to, any other matter.

(c) Where a competent authority is required by this Part to publish any information or material, neither this Part nor Part 3 shall be construed as preventing the competent authority from publishing, with that information or material, any information or material that the competent authority is required to publish under Part 3 .

Appropriate assessment of plans

205. (1) Prior to the making of a plan to which a determination under subsection (3) of section 202 applies, the competent authority shall carry out an appropriate assessment of the proposed plan.

(2) For the purpose of carrying out an appropriate assessment under this section, the competent authority may—

(a) consult with such persons (other than persons who made submissions pursuant to an invitation under subsection (2) of section 204 ) as the competent authority considers appropriate, or

(b) further consult with such persons who made submissions pursuant to an invitation under subsection (2) of section 204 as it considers appropriate.

(3) The competent authority shall take into account each of the following when carrying out an appropriate assessment under this section:

(a) the Natura impact report;

(b) the results of any consultation carried out by the competent authority in accordance with subsection (2);

(i) in a notice under subsection (1) of section 204 , or

(ii) under subsection (2) of that section;

and

(d) any other information that the competent authority considers relevant.

(4) When carrying out an appropriate assessment under this section, the competent authority shall, based on the best scientific knowledge and having regard to the conservation objectives relating to the European site concerned—

(a) identify all likely significant effects of the proposed plan on the site,

(b) assess the extent of those effects and their implications for the site,

(c) where relevant, consider the likely effectiveness of any measures proposed to be taken to avoid or reduce potential adverse effects to the site, and

(d) having regard to the matters identified and assessments made in accordance with paragraphs (a) and (b) and any proposed measures referred to in paragraph (c), make a determination as to whether or not any reasonable scientific doubt exists as to the absence of adverse effects on the integrity of any European site.

(5) (a) Where, on the basis of an appropriate assessment carried out under this section, the competent authority concludes that no reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site, it shall make a determination to that effect.

(b) Where a competent authority makes a determination under paragraph (a), the plan concerned may be made in accordance with Part 3 .

(6) (a) Where, on the basis of an appropriate assessment carried out under this section, the competent authority concludes that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site, it shall make a determination to that effect.

(b) Where a competent authority makes a determination under paragraph (a), then, subject to subsection (7) and sections 206 and 207 , the plan concerned shall not be made under Part 3 .

(7) (a) Where, on the basis of an appropriate assessment carried out under this section, the competent authority concludes that no reasonable scientific doubt would exist as to the absence of adverse effects on the integrity of a European site were the proposed plan to be modified by the omission of a specified part or element of the plan, the competent authority may make a determination to that effect.

(b) Where—

(i) a competent authority makes a determination under paragraph (a), and

(ii) the proposed plan is modified by the omission of the part or element specified by the competent authority under paragraph (a),

the proposed plan as so modified may be made in accordance with Part 3 .

(8) (a) The competent authority shall publish a determination under this section and the reasons therefor on an internet website maintained by it or on its behalf.

(b) Where the competent authority is a regional assembly or a planning authority and it makes a determination under this section, it shall, in addition to complying with paragraph (a), make a copy of the determination and the reasons therefor available for inspection (free of charge) at its offices during normal office hours by members of the public.

(9) Where a competent authority is required to publish a determination in accordance with paragraph (a) of subsection (8) it shall, to the extent required by Part 3, publish such determination with the notice of the making of the plan concerned.

Imperative reasons of overriding public interest (no priority habitat or priority species)

206. (1) In this section “relevant plan” means a proposed plan in respect of which the competent authority has made a determination under paragraph (a) of subsection (6) of section 205 relating to a European site that does not host a priority habitat or priority species.

(2) Where, in relation to a relevant plan, a competent authority (other than the Minister) considers that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and

(c) the compensatory measures proposed by it are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

the competent authority may prepare, and submit to the Minister, a statement to that effect.

(3) Where, in relation to a relevant plan, the competent authority is the Minister and he or she considers that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and

(c) the compensatory measures proposed by it are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

he or she shall prepare a statement to that effect.

(4) A statement under subsection (2) or (3) shall—

(a) specify the determination made under subsection (6) of section 205 ,

(b) specify the considerations that caused the competent authority to make the determination under subsection (6) of section 205 that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site,

(c) specify the reasons for which the competent authority considers that there are no alternative solutions to the making of the relevant plan,

(d) specify the imperative reasons of overriding public interest (which may include reasons of a social or economic nature) that the competent authority considers exist for the making of the relevant plan,

(e) specify the compensatory measures that the competent authority proposes,

(f) state that the competent authority is satisfied that those proposed compensatory measures are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and

(g) include such other information (if any) as the competent authority considers to be of relevance.

(5) A statement submitted to the Minister under subsection (2) shall be accompanied by—

(a) a copy of the relevant plan, and

(b) the Natura impact report in respect of the relevant plan.

(6) (a) The Office may, where it makes a recommendation to the Minister that he or she issue a direction, prepare and submit to the Minister a statement under subsection (2) in relation to the proposed direction.

(b) The Minister may, where he or she receives a recommendation referred to in paragraph (a), prepare a statement under subsection (3).

(i) a direction in respect of a regional spatial and economic strategy as provided for in section 40 ,

(ii) a direction in respect of a development plan as provided for in section 65 , or

(iii) a direction in respect of an urban area plan, priority area plan or coordinated area plan as provided for in section 80 .

(7) Where the Minister receives a statement submitted under subsection (2) or prepares a statement under subsection (3), he or she shall—

(a) publish the statement on an internet website maintained by him or her or on his or her behalf,

(b) publish a notice on that internet website—

(i) inviting members of the public to make submissions to the Minister in relation to the statement, and

(ii) specifying the period during which, and the manner in which, such submissions may be made,

(i) publish a copy of the statement and the notice referred to in paragraph (b) on an internet website maintained by it or on its behalf, and

(ii) send a copy of the statement to—

(I) any person who made a submission to the competent authority pursuant to an invitation in a notice under subsection (1) of section 204 or an invitation under subsection (2) of that section, or in the course of a consultation under subsection (2) of section 205 , and

(II) such other persons (if any) as may be prescribed,

and invite each such person to make a submission to the Minister in relation to the statement within the period, and in the manner, specified in accordance with subparagraph (ii) of paragraph (b),

and

(d) in the case of a statement prepared under subsection (3)—

(i) send a copy of the statement to—

(II) such other persons (if any) as may be prescribed,

(ii) consult the Office in relation to the statement.

(8) The Minister may, for the purpose of performing his or her functions under subsection (9), consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.

(9) The Minister shall, after having considered a statement submitted under subsection (2) or a statement prepared by him or her under subsection (3) and after having taken account of any submissions in relation to such statement received pursuant to an invitation under subsection (7), come to a conclusion in relation to the relevant plan as to whether or not—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and

(c) the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected.

(10) Where a statement was submitted to the Minister under subsection (2), the Minister shall give notice of his or her conclusion under subsection (9) to the competent authority that submitted the statement.

(11) A relevant plan shall not be made under Part 3 unless the Minister has come to a conclusion under subsection (9) that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and

(c) the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected.

(12) Where a relevant plan is necessary in order to enable—

(a) the construction or operation of plants producing energy from renewable sources,

(b) the storage of energy produced by such plants, or

imperative reasons of overriding public interest shall, in accordance with Article 16f of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018¹⁶ on the promotion of the use of energy from renewable sources laying down a framework to accelerate the deployment of renewable energy, be deemed to exist in relation to the relevant plan.

(13) If a plan is made consequent upon the Minister’s coming to a conclusion under subsection (9) that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and

(c) the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

the person making the plan shall implement, or cause the implementation of, those compensatory measures.

(14) The Minister shall, as soon as may be after the making of a plan consequent upon his or her coming to a conclusion referred to in subsection (13), inform the European Commission of the compensatory measures required to be implemented in relation to that plan in accordance with that subsection.

(15) When giving notice, in accordance with Part 3, of a decision to make or a decision not to make a relevant plan, a competent authority shall—

(a) publish a copy of the Minister’s conclusion under subsection (9) on an internet website maintained by or on behalf of the competent authority, and

(b) notify, in writing, any person who made a submission pursuant to an invitation under subsection (7) of the contents of the Minister’s conclusion.

Imperative reasons of overriding public interest (priority habitat or priority species)

207. (1) In this section—

“imperative reasons of overriding public interest” means—

(a) reasons relating to human health or public safety,

(b) reasons that the relevant plan will have beneficial consequences of primary importance to the environment, or

(c) reasons that, in the opinion (given upon a request under subsection (10)) of the European Commission, constitute other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive;

“relevant plan” means a proposed plan in respect of which the competent authority has made a determination under paragraph (a) of subsection (6) of section 205 relating to a European site that hosts a priority habitat or priority species.

(2) Where, in relation to a relevant plan, a competent authority (other than the Minister) considers that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons of overriding public interest exist or may, subject to the opinion of the European Commission, exist for the making of the relevant plan, and

(c) the compensatory measures proposed by it are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

the competent authority may prepare, and submit to the Minister, a statement to that effect.

(3) Where, in relation to a relevant plan, the competent authority is the Minister and he or she considers that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons of overriding public interest exist or may, subject to the opinion of the European Commission, exist for the making of the relevant plan, and

(c) the compensatory measures proposed by him or her are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

he or she shall prepare a statement to that effect.

(4) A statement under subsection (2) or (3) shall—

(a) specify the determination made under subsection (6) of section 205 ,

(c) specify the reasons for which the competent authority is satisfied that there are no alternative solutions to the making of the relevant plan,

(d) specify the imperative reasons of overriding public interest that the competent authority considers exist, or, subject to the opinion of the European Commission, may exist for the making of the relevant plan,

(e) specify the compensatory measures that the competent authority proposes,

(f) state that the competent authority is satisfied that those proposed compensatory measures are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and

(g) include such other information (if any) as the competent authority considers to be of relevance.

(5) A statement submitted to the Minister under subsection (2) shall be accompanied by—

(a) a copy of the relevant plan, and

(b) the Natura impact report in respect of the relevant plan.

(b) The Minister may, where he or she receives a recommendation referred to in paragraph (a), prepare a statement under subsection (3).

(i) a direction in respect of a regional spatial and economic strategy as provided for in section 40 ,

(ii) a direction in respect of a development plan as provided for in section 65 , or

(iii) a direction in respect of an urban area plan, priority area plan or coordinated area plan as provided for in section 80 .

(7) Where the Minister receives a statement submitted under subsection (2) or prepares a statement under subsection (3), he or she shall—

(a) publish the statement on an internet website maintained by him or her or on his or her behalf,

(b) publish a notice on that internet website—

(i) inviting members of the public to make submissions to the Minister in relation to the statement, and

(ii) specifying the period during which, and the manner in which, such submissions may be made,

(i) publish a copy of the statement and the notice referred to in paragraph (b) on an internet website maintained by it or on its behalf, and

(ii) send a copy of the statement to—

(II) such other persons (if any) as may be prescribed,

(d) in the case of a statement prepared under subsection (3)—

(i) send a copy of the statement to—

(II) such other persons (if any) as may be prescribed,

(ii) consult the Office in relation to the statement.

(8) The Minister may, for the purpose of performing his or her functions under subsection (9) and (10), consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.

(9) The Minister shall, after—

(a) having considered a statement submitted under subsection (2) or a statement prepared by him or her under subsection (3), and

(b) having taken account of any submissions in relation to such statement received pursuant to an invitation under subsection (7),

come to a conclusion in relation to the relevant plan concerned as to whether or not—

(i) there is an absence of alternative solutions to the relevant plan,

(ii) imperative reasons of overriding public interest exist, or may, subject to the opinion of the European Commission, exist for the making of the relevant plan, and

(iii) the compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected.

(10) The Minister may—

(a) after having considered—

(i) a statement submitted under subsection (2) or prepared by him or her under subsection (3), and

(ii) any submissions in relation to such statement received pursuant to an invitation under subsection (7),

and

(b) if satisfied that—

(i) there is an absence of alternative solutions to the relevant plan, and

(ii) the compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

request the European Commission to provide him or her with its opinion as to whether or not other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist in relation to the relevant plan concerned.

(11) A relevant plan shall not be made under Part 3—

(a) unless the Minister has concluded that—

(i) there is an absence of alternative solutions to the relevant plan, and

(ii) imperative reasons of overriding public interest—

(I) relating to human health or public safety, or

(II) that the relevant plan will have beneficial consequences of primary importance to the environment,

exist for the making of the relevant plan, and

(iii) compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

(b) unless—

(i) the Minister has concluded that—

(I) compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and

(II) the competent authority is satisfied that there is an absence of alternative solutions to the relevant plan,

and

(ii) the Minister has received an opinion from the European Commission (pursuant to a request under subsection (10)) that states that it is satisfied that other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist for the making of the relevant plan.

(12) (a) If a plan is made consequent upon the Minister’s coming to the conclusion referred to in paragraph (a) of subsection (11), the person making the plan shall implement, or cause the implementation of, the compensatory measures to which subparagraph (iii) of the said paragraph (a) applies.

(b) If a plan is made consequent upon—

(i) the Minister’s coming to the conclusion referred to in subparagraph (i) of paragraph (b) of subsection (11), and

(ii) the receipt by the Minister of an opinion referred to in subparagraph (ii) of the said paragraph (b),

the person making the plan shall implement, or cause the implementation of, the compensatory measures to which clause (I) of the said subparagraph (i) applies.

(13) The Minister shall, as soon as may be after the making of a plan consequent upon his or her coming to a conclusion referred to in subsection (11), inform the European Commission of the compensatory measures required to be implemented in relation to that plan in accordance with paragraph (a) or (b) of subsection (12).

(14) When giving notice under Part 3 of a decision as to whether or not to make a relevant plan, a competent authority shall—

(a) publish a copy of the Minister’s conclusion under subsection (9) on an internet website maintained by or on behalf of the competent authority,

(b) publish a copy of the opinion of the European Commission received by the Minister pursuant to any request under subsection (11), and

(c) notify, in writing, any person who made a submission pursuant to an invitation under subsection (7) of the contents of that conclusion and any such opinion.

Chapter 3

Appropriate Assessment of Development and Proposed Development

Interpretation

208. (1) In this section—

“competent authority” means—

(a) in relation to relevant development for which permission is required under Chapter 3 of Part 4 , the planning authority to which an application for such permission is required to be made,

(b) in relation to relevant development in respect of which a decision—

(i) under section 98 has been made, and

(ii) that is appealed or appealable under section 103 ,

the Commission,

(d) in relation to development for which retrospective consent is required under Chapter 4 of Part 4 , the Commission,

(e) in relation to a request for an alteration of the terms or extension of the duration of a permission under subsection (1) of section 140 , the deciding authority to which the request under section 140> is made or, where a decision under section 143 in respect of the request is appealed under subsection (7) of section 143 , the Commission,

(f) for the purpose of carrying out a screening for appropriate assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140 ) consisting of local authority development, the local authority concerned,

(g) for the purpose of carrying out a screening for appropriate assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140 ) consisting of State authority development, the State authority concerned,

(h) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which a request under section 10 is made, the planning authority to which the request is made, and

(i) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which an appeal under section 10 is brought, the Commission;

“screening for appropriate assessment” means, in relation to a relevant development, an assessment carried out in accordance with section 212 , 213 or 214 .

(2) A word or expression that is used in this Chapter and in the Habitats Directive has the meaning in this Chapter that it has in that directive.

(3) A word or expression that is used in this Chapter and in the Birds Directive has the meaning in this Chapter that it has in that directive.

(4) This Chapter shall be construed in accordance with the Habitats Directive and the Birds Directive.

Performance of functions by competent authority

209. A competent authority shall, in performing the functions conferred on it by or under this Chapter, take appropriate steps to avoid in a European site the deterioration of natural habitats and the habitats of species as well as the disturbance (insofar as such disturbance could be significant having regard to the objectives of the Habitats Directive) of the species for which the site has been designated.

Purpose of Chapter

210. The purpose of this Chapter is to give effect to the State’s obligations under paragraphs 3 and 4 of Article 6 of the Habitats Directive in relation to development and proposed development.

Prohibition on grant of permission except in certain circumstances

211. The competent authority shall not grant permission unless—

(a) the competent authority has made a determination under subsection (6) of section 212 that an appropriate assessment is not required,

(b) the competent authority has made a determination under subsection (5) of section 213 , or the Commission has made a determination under subsection (11) of that section, that an appropriate assessment is not required,

(c) the competent authority has carried out an appropriate assessment and has made a determination under paragraph (a) of subsection (6) of section 217 —

(i) in the case of an application for permission for proposed development under Chapter 3 or 4 of Part 4 , that the proposed development will not adversely affect the integrity of a European site,

(ii) in the case of an application for retrospective consent under Chapter 4 of Part 4 , that the development—

(I) has not adversely affected,

(II) is not adversely affecting, and

(III) will not adversely affect,

the integrity of a European site, or

(iii) in the case of a request under Chapter 5 of Part 4 that is a material alteration request (within the meaning of the said Chapter 5), that the material alteration will not adversely affect the integrity of a European site,

(d) the Minister has issued a notice under subsection (10) of section 219 or subsection (12) or (14) of section 221 .

Screening for appropriate assessment of relevant development

212. (1) The competent authority shall carry out a screening for appropriate assessment of a relevant development (other than local authority development or State authority development)—

(a) for which an application for permission for relevant development is made, and

(b) that is not directly connected with, or necessary for, the management of a European site,

for the purpose of determining whether or not—

(i) in the case of proposed development in respect of which an application for permission under Chapter 3 or 4 of Part 4 is made, the proposed development (either individually or in combination with any plan or other project) is likely to have a significant effect on a European site having regard to the conservation objectives of that European site, or

(ii) in the case of development in respect of which an application for retention permission under Chapter 3 of Part 4 is made, the development (either individually or in combination with any plan or other project) has had, is having or is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.

(2) The competent authority shall carry out a screening for appropriate assessment of a relevant development—

(a) consisting of—

(i) an alteration of the terms, or extension of duration, of a permission for development (other than local authority development or State authority development) requested under subsection (1) of section 140 , or

(ii) an alteration of the terms, or extension of duration, of a permission for local authority development or State authority development requested under subsection (1) of section 140 ,

and

(b) that is not directly connected with, or necessary for, the management of a European site,

for the purpose of determining whether or not the alteration or extension (either individually or in combination with any plan or other project) is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.

(3) For the purpose of carrying out a screening for appropriate assessment under this section, the competent authority may—

(a) request such information or such further information or clarification from the applicant for permission as it considers necessary to enable it to carry out that screening, or

(b) consult with such persons as the competent authority considers appropriate,

and the competent authority may make more than one request under paragraph (a).

(4) Where the applicant for permission does not provide the competent authority with the information requested under paragraph (a) of subsection (3)—

(a) within such period as may be specified in the request, or,

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the application for permission shall be deemed to have been withdrawn.

(5) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority makes a determination that—

(a) a relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(b) the likelihood of a relevant development (either individually or in combination with any plan or other project) having significant effects on a European site cannot be excluded,

the competent authority shall, before determining the application for permission for that relevant development, carry out an appropriate assessment of the relevant development in accordance with section 217 .

(6) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority—

(a) makes a determination in relation to relevant development to which paragraph (ii) of subsection (1) applies that—

(i) the relevant development (either individually or in combination with any plan or other project) has not had, and is not having, significant effects on a European site, and

(ii) the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded,

(b) makes a determination in relation to relevant development (other than relevant development referred to in paragraph (a)) that the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded,

an appropriate assessment of the relevant development concerned shall not be required.

(7) Notwithstanding a determination under subsection (6), a competent authority may, at any time following the making of the application for permission concerned, determine that the carrying out of an appropriate assessment of the relevant development concerned in accordance with section 217 is required before the competent authority determines the application, but only where, subsequent to the making of the determination under subsection (6), it has formed the view that—

(a) the relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(b) the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site cannot be excluded.

(8) Where the competent authority makes a determination under subsection (7) it shall carry out an appropriate assessment of the relevant development concerned in accordance with section 217 .

(9) (a) Where a competent authority makes a determination under subsection (5) or (7), it shall give a notice to the applicant for permission requiring him or her to provide the competent authority with a Natura impact statement in relation to the relevant development concerned within—

(i) such period as is specified in the notice, or

(ii) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission.

(b) Where an applicant for permission to whom a notice is given under paragraph (a) fails to comply with a requirement of the notice, the application for permission concerned shall be deemed to be withdrawn.

(c) Paragraph (a) shall not apply where the application for permission for the relevant development concerned was accompanied by a Natura impact statement.

(10) A competent authority shall, as soon as may be after making a decision under Part 4 in relation to an application for permission—

(a) give notice of any determination under this section (including the reasons for the determination) to—

(i) the applicant,

(ii) any person who made a submission in accordance with section 97 or 105 or in the course of a consultation under paragraph (b) of subsection (3), and

(iii) where applicable, any party to an appeal from a decision in relation to the application for permission,

(b) make available for inspection (free of charge) by members of the public at its offices during normal office hours any determination (including the reasons for the determination) made under this section, and

(c) publish a notice of any determination (including the reasons for the determination) under this section on an internet website maintained by or on behalf of the competent authority.

Screening for appropriate assessment of local authority development and State authority development

213. (1) The competent authority shall carry out a screening for appropriate assessment of a relevant development—

(a) consisting of local authority development, and

(b) that is not directly connected with, or necessary for, the management of a European site,

for the purpose of determining whether or not—

(i) in the case of proposed development, the proposed development (either individually or in combination with any plan or other project) is likely to have a significant effect on a European site having regard to the conservation objectives of that European site, or

(ii) in the case of development already carried out, the development (either individually or in combination with any plan or other project) has had, is having or is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.

(2) The competent authority shall carry out a screening for appropriate assessment of relevant development—

(a) consisting of State authority development, and

(b) that is not directly connected with, or necessary for, the management of a European site,

for the purpose of determining whether or not—

(3) For the purpose of carrying out a screening for appropriate assessment under this section, the competent authority may consult with such persons as the competent authority considers appropriate.

(4) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority makes a determination that—

(a) a relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(b) the likelihood of a relevant development (either individually or in combination with any plan or other project) having significant effects on a European site cannot be excluded,

the following provisions shall apply:

(i) an appropriate assessment of the relevant development in accordance with section 217 shall be required; and

(ii) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned.

(5) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority—

(a) makes a determination in relation to relevant development to which paragraph (i) of subsection (1) or paragraph (i) of subsection (2) applies that the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded, or

(b) makes a determination in relation to relevant development to which paragraph (ii) of subsection (1) or paragraph (ii) of subsection (2) applies that—

(i) the relevant development (either individually or in combination with any plan or other project) has not had, and is not having, significant effects on a European site, and

(ii) the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded,

then, subject to any determination of the Commission referred to in subsection (10), an appropriate assessment of the relevant development concerned shall not be required.

(6) A competent authority shall, as soon as may be after making a determination under this section—

(a) give notice of the determination (including the reasons for the determination) to any person who made submissions, or provided information, to the competent authority during the course of a consultation under subsection (3),

(b) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(c) publish a notice of the determination (including the reasons for the determination) on an internet website maintained by or on behalf of the competent authority.

(7) The competent authority shall, not later than 3 days after the making of a determination under this section, comply with subsection (6).

(8) Where the competent authority makes a determination under this section that an appropriate assessment is not required, any person may, not later than 4 weeks from the date of the publication of a notice in accordance with paragraph (c) of subsection (6), appeal that determination to the Commission.

(9) Where the Commission receives a notice of appeal from a determination of the competent authority under this section, it shall—

(a) carry out a screening for appropriate assessment of the relevant development concerned, and

(b) make a determination as to whether or not—

(i) the relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(ii) the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded.

(10) Where, on the basis of a screening for appropriate assessment carried out under this section, the Commission makes a determination that—

(a) a relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(b) the likelihood of a relevant development (either individually or in combination with any plan or other project) having significant effects on a European site cannot be excluded,

the following provisions shall apply:

(i) an appropriate assessment of the relevant development concerned in accordance with section 217 shall be required; and

(ii) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned.

(11) Where, on the basis of a screening for appropriate assessment carried out under this section, the Commission—

(a) makes a determination in relation to relevant development to which paragraph (i) of subsection (1) or paragraph (i) of subsection (2) applies, that the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded, or

(b) makes a determination in relation to relevant development to which paragraph (ii) of subsection (1) or paragraph (ii) of subsection (2) applies, that—

(i) the relevant development (either individually or in combination with any plan or other project) has not had, and is not having, significant effects on a European site, and

(ii) the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded,

an appropriate assessment of the relevant development concerned shall not be required.

(12) The Commission shall—

(a) give notice of a determination (including the reasons for the determination) under subsection (9) to the local authority or State authority concerned,

(b) give notice of the determination (including the reasons for the determination) to any person who made submissions, or provided information, to the competent authority during the course of a consultation under subsection (3),

(c) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(d) publish a notice of the determination (including the reasons for the determination) on an internet website maintained by or on behalf of the competent authority.

(13) (a) The officers or members of staff of a local authority or State authority performing, or who have performed, any functions (other than functions under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development),

shall not carry out a screening for appropriate assessment of the development under this section.

(b) The officers or members of staff of a local authority or State authority carrying out a screening for appropriate assessment of a relevant development under this section shall not, in relation to the carrying out of such screening, be subject to the direction, control or supervision (direct or indirect) of any officer or member of staff of the local authority or State authority, as the case may be, who performs or has performed any function (other than a function under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development).

“local authority” means a local authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of a screening for appropriate assessment of that relevant development under this section;

“State authority” means a State authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of a screening for appropriate assessment of that relevant development under this section.

(14) The Minister may make regulations for the purpose of this section, including regulations—

(a) specifying the criteria for making a determination under this section in relation to local authority housing development within the meaning of section 161 , and

(b) relating to the making of requests by the competent authority or Commission for information from a local authority or State authority for the purpose of the performance by the competent authority or the Commission of its functions under this section.

Screening for appropriate assessment for purposes of determining if development is exempted development

214. (1) The competent authority shall carry out a screening for appropriate assessment of a relevant development—

(a) in respect of which—

(i) a request under section 10 is made for a declaration on the question of whether or not relevant development is exempted development, or

(ii) an appeal against any such declaration is brought,

and

(b) that is not directly connected with, or necessary for, the management of a European site,

for the purpose of determining whether or not—

(i) in the case of proposed development in respect of which a request or an appeal referred to in paragraph (a) is made or brought, the proposed development (either individually or in combination with any plan or other project) is likely to have a significant effect on a European site having regard to the conservation objectives of that European site, or

(ii) in the case of development in respect of which a request or an appeal referred to in paragraph (a) is made, the development (either individually or in combination with any plan or other project) has had, is having or is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.

(2) For the purpose of performing its functions under this section, the competent authority may—

(a) require—

(i) the person who made the request under section 10 ,

(ii) any person who brought an appeal under section 10 , or

(iii) any other person as the competent authority considers appropriate,

to provide the competent authority with such information as it considers necessary to enable it to carry out the screening of the development for appropriate assessment, or

(b) consult with such persons as the competent authority considers appropriate.

(3) Where a person referred to in subparagraph (i) of paragraph (a) of subsection (2) fails to comply with a requirement under that subsection—

(a) within such period as may be specified in the requirement, or

(b) within such further period as the competent authority may subsequently agree to at the request of that person,

the request under section 10 shall be deemed to have been withdrawn.

(4) Where a person referred to in subparagraph (ii) of paragraph (a) of subsection (2) fails to comply with a requirement under that subsection—

(a) within such period as may be specified in the requirement, or

(b) within such further period as the competent authority may subsequently agree to, at the request of that person,

the appeal under section 10 shall be deemed to have been withdrawn.

(5) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority makes a determination that—

(a) a relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(b) the likelihood of a relevant development (either individually or in combination with any plan or other project) having significant effects on a European site cannot be excluded,

the relevant development shall not be exempted development and an appropriate assessment of the relevant development shall be required.

(6) The competent authority shall, as soon as may be after making a determination under this section—

(a) give notice of the determination (including the reasons for the determination) to—

(i) the person who made the request under section 10 , and

(ii) the parties to any appeal under section 10 from a declaration under that section in relation to the request,

(b) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

Natura impact statement

215. (1) An applicant for permission may prepare, and submit to the competent authority with his or her application for permission, a Natura impact statement in relation to a relevant development to which that application relates.

(2) A Natura impact statement prepared under subsection (1) or pursuant to a requirement in a notice under subsection (9) of section 212 shall—

(a) be prepared by a person with the necessary scientific competence to do so,

(b) specify all of the habitat types and species—

(i) for which the relevant European site is designated, and

(ii) in relation to which the likelihood of significant effects arising from the relevant development cannot be excluded,

(i) identify all potential significant effects of the relevant development on the European site, whether such effects arise from the relevant development itself or the relevant development in combination with any plan or other project, and

(ii) assess the effects identified in accordance with subparagraph (i) and the implications of the relevant development for the European site,

(d) identify any measures proposed to be taken for the purposes of avoiding or reducing any adverse effects (identified in accordance with paragraph (c)) of the relevant development on the European site,

(e) having regard to the matters identified and assessments made in accordance with paragraphs (b), (c) and (d)—

(i) conclude, in the case of an application for proposed development under Chapter 3 or 4 of Part 4 , either—

(I) that the proposed development will adversely affect the integrity of a European site, or

(II) that the proposed development will not adversely affect the integrity of a European site,

(ii) conclude, in the case of development in respect of which an application for retrospective consent is made under Chapter 4 of Part 4 —

(I) either—

(A) that the development has adversely affected the integrity of a European site, or

(B) that the development has not adversely affected the integrity of a European site,

(II) either—

(A) that the development is adversely affecting the integrity of a European site, or

(B) that the development is not adversely affecting the integrity of a European site,

and

(III) either—

(A) that the development will adversely affect the integrity of a European site, or

(B) that the development will not adversely affect the integrity of a European site,

(iii) conclude, in the case of a request under subsection (1) of section 140 for an alteration of the terms or extension of the duration of a permission, either—

(I) that the proposed alteration or extension will adversely affect the integrity of a European site, or

(II) that the proposed alteration or extension will not adversely affect the integrity of a European site,

and

(f) include such other information as may be prescribed.

(3) A Natura impact statement included with an application for permission for a relevant development that concludes—

(a) in the case of an application for proposed development under Chapter 3 or 4 of Part 4 , that the proposed development concerned may adversely affect the integrity of a European site,

(b) in the case of development in respect of which an application for retrospective consent is made under Chapter 4 of Part 4 , that the development has adversely affected, is adversely affecting or may adversely affect the integrity of a European site, or

(c) in the case of a request under subsection (1) of section 140 for an alteration of the terms or extension of the duration of a permission, that the proposed alteration or extension may adversely affect the integrity of a European site,

may be accompanied by a request (set out in a document separate from the Natura impact statement) in writing that the competent authority submit a statement to the Minister under subsection (7) of section 219 or subsection (7) of section 221 , in relation to the development, proposed development or alteration or extension concerned.

(4) A request under subsection (3) shall contain an explanation of—

(a) the reasons why the applicant for permission believes that—

(i) there are no alternative solutions to the relevant development, and

(ii) there are imperative reasons of overriding public interest (within the meaning of section 219 or 221 ) for—

(I) the carrying out of the relevant development, or

(II) in the case of development in respect of which an application for retrospective consent is made under Chapter 4 of Part 4 , for the retention of the development,

(b) the compensatory measures that the applicant for permission will take for the purpose of ensuring that the overall coherence of the Natura 2000 network is protected.

(5) A request under subsection (3) (including the explanation that it contains in accordance with subsection (4)) and any submissions made in respect of that request pursuant to an invitation under subsection (3) of section 216 , shall not be considered by the competent authority unless and until it has made a determination under paragraph (a) of subsection (7) of section 217 that a reasonable scientific doubt exists as to the absence of adverse effects of the relevant development on the integrity of a European site.

Consultation on Natura impact statement

216. (1) Where a Natura impact statement has been received by the competent authority, it shall—

(a) publish the Natura impact statement and the application for permission concerned on an internet website maintained by it or on its behalf,

(b) publish any request referred to in subsection (3) of section 215 and the explanation in accordance with subsection (4) of that section on such internet website,

(c) make the Natura impact statement available for inspection (free of charge) at its offices by members of the public during normal office hours, and

(d) publish a notice on that website—

(i) specifying the times and places at which, and the period during which, a copy of that Natura impact statement and any request and explanation referred to in paragraph (b) may be inspected,

(ii) inviting submissions by members of the public with respect to the implications of the relevant development for any European site having regard to the conservation objectives relating to that site, and

(iii) specifying the period during which, and the manner in which, such submissions may be made.

(2) The competent authority shall—

(a) send a copy of the application for permission for the relevant development and the Natura impact statement to—

(i) such persons as are required to be consulted under Part 4 in relation to the application for permission, and

(ii) such other person or persons (if any) as may be prescribed,

and

(b) invite each such person to make, during the period referred to in subparagraph (iii) of paragraph (d) of subsection (1), submissions with respect to the implications of the relevant development for a European site having regard to the conservation objectives relating to that site.

(3) Where a Natura impact statement includes a request referred to in subsection (3) of section 215 containing an explanation in accordance with subsection (4) of that section—

(a) the notice published under paragraph (d) of subsection (1) shall include—

(i) a statement to that effect,

(ii) an invitation to members of the public—

(I) to make submissions to the competent authority in relation to that explanation, and

(II) specifying the period during which, and the manner in which, such submissions may be made,

and

(iii) a statement to the effect that the request (including the explanation that it contains in accordance with the said subsection (4)) and any submissions made pursuant to an invitation under subparagraph (ii) shall not be considered by the competent authority unless and until it has made a determination under paragraph (a) of subsection (7) of section 217 that a reasonable scientific doubt exists as to the absence of adverse effects of the relevant development on the integrity of a European site,

and

(b) the competent authority shall—

(i) send a copy of that notice to such persons (if any) as may be prescribed for the purposes of this paragraph, and

(ii) invite each such person to make submissions to the competent authority in relation to that explanation within the period and in the manner specified under clause (II) of subparagraph (ii) of paragraph (a).

(4) (a) Where a competent authority is required by this Part to give notice to any person of, or in relation to, any matter, neither this Part nor Part 4 shall be construed as preventing the competent authority from using that notice to comply with a requirement under Part 4 to give notice to that person of, or in relation to, any other matter.

(b) Where a competent authority is required by this Part to publish any information or material, neither this Part nor Part 4 shall be construed as preventing the competent authority from publishing, with that information or material, any information or material that the competent authority is required to publish under Part 4.

Appropriate assessment of relevant development

217. (1) Prior to deciding whether or not to grant permission, the competent authority shall carry out an appropriate assessment of a relevant development to which a determination under subsection (5) or (7) of section 212 applies.

(2) For the purpose of carrying out an appropriate assessment under this section, the competent authority may—

(a) request such information (including a revised Natura impact statement) or such further information or clarification from the applicant for permission as it considers necessary to enable it to carry out that assessment, or

(b) consult with such persons as the competent authority considers appropriate,

and the competent authority may make more than one request under paragraph (a).

(3) Where the applicant for permission does not provide the competent authority with the information requested under paragraph (a) of subsection (2) within—

(a) such period as is specified in the request under that paragraph, or

(b) any further period (commencing on the expiration of the first-mentioned period) to which the competent authority may, at the request of the applicant, agree,

the application for permission shall be deemed to have been withdrawn.

(4) The competent authority shall take into account each of the following when carrying out an appropriate assessment under this section:

(a) the Natura impact statement (but not any request or explanation referred to in subsection (3) or (4) of section 215 );

(b) any information obtained by the competent authority pursuant to a request under paragraph (a) of subsection (2);

(c) the results of any consultation carried out by the competent authority in accordance with paragraph (b) of subsection (2);

(d) any written submissions made to the competent authority pursuant to an invitation under subsection (1) or (2) of section 216 ;

(e) any other information that the competent authority considers relevant.

(5) When carrying out an appropriate assessment, the competent authority shall, based on the best scientific knowledge and having regard to the conservation objectives relating to the European site concerned—

(a) identify all likely significant effects of the relevant development on the site,

(b) assess the extent of those effects and their implications for the site,

(i) proposed by the applicant for permission, or

(ii) that the competent authority considers it appropriate to require the applicant to take in accordance with a condition attached to any subsequent grant of permission,

to avoid or reduce potential effects to the site, and

(d) having regard to—

(i) the matters identified and assessments made in accordance with paragraphs (a) and (b), and

(ii) the effectiveness of any measures referred to in paragraph (c),

make a determination as to whether or not any reasonable scientific doubt exists as to the absence of adverse effects on the integrity of any European site.

(6) (a) Where, on the basis of an appropriate assessment under this section, the competent authority concludes that no reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site it shall make a determination to that effect.

(b) Where a competent authority makes a determination under paragraph (a), it may grant permission for the relevant development concerned in accordance with Part 4.

(c) Where a determination under paragraph (a) is based wholly or partly on the implementation of measures referred to in paragraph (c) of subsection (5), the competent authority shall attach a condition to the grant of permission concerned requiring that those measures be implemented.

(7) (a) Where, on the basis of an appropriate assessment under this section, the competent authority concludes that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site it shall make a determination to that effect.

(b) Where a competent authority makes a determination under paragraph (a), it shall, subject to sections 219 and 221 , refuse to grant permission under Part 4 for the relevant development concerned.

(8) The competent authority shall, as soon as may be after making a decision under Part 4 in relation to an application for permission—

(a) give notice of a determination under this section (including the reasons for the determination) to—

(i) the applicant for permission,

(ii) any person who made submissions to the competent authority in relation to the application for permission concerned, and

(iii) where applicable, any party to an appeal of a decision in relation to an application for such permission,

(b) make a determination under this section (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(c) publish a determination under this section (including the reasons for the determination) on an internet website maintained by it or on its behalf.

Additional provisions applicable to application in connection with development already carried out

218. (1) In carrying out a screening for appropriate assessment under section 212 in relation to development, a competent authority shall take account of any significant effects on a European site that—

(a) have occurred,

(b) are occurring, or

by reason of the development’s having already been carried out.

(2) A Natura impact statement prepared in accordance with section 215 in relation to an application for retrospective consent shall include—

(a) a statement of the significant effects (if any) on a European site that—

(i) have occurred,

(ii) are occurring, or

(iii) can reasonably be expected to occur,

by reason of the development’s having already been carried out,

(b) details of—

(i) any measures already undertaken to remedy or mitigate any significant effects on the European site concerned that have already occurred by reason of the development’s having already been carried out, and

(ii) any observed effects that those measures have had by the date of the preparation of the statement,

(c) details of any measures proposed to be undertaken by the applicant for retrospective consent to remedy or mitigate any significant effects on the European site concerned that—

(i) have already occurred by reason of the development’s having already been carried out, or

(ii) can reasonably be expected to occur by reason of the development’s having already been carried out,

and

(d) such other information as may be prescribed.

(3) In carrying out an appropriate assessment under section 217 in relation to an application for retrospective consent, a competent authority shall—

(a) identify any significant effects on a European site that—

(i) have occurred,

(ii) are occurring, or

(iii) can reasonably be expected to occur,

by reason of the development’s having already been carried out,

(b) assess the extent of the effects identified under paragraph (a) and their implications for the site, having regard to the site’s conservation objectives,

(ii) any observed effects that those measures have had by the date of the carrying out of the appropriate assessment,

(d) consider any measures that the applicant for retrospective consent proposes to take, or any condition that the competent authority would propose to attach to any grant of retrospective consent, for the purpose of avoiding or reducing potential harmful effects on the site that—

(i) have occurred,

(ii) are occurring, or

(iii) can reasonably be expected to occur,

by reason of the development’s having already been carried out, and

(e) having performed the functions under the foregoing paragraphs of this subsection, make a determination as to whether or not any reasonable scientific doubt exists as to the absence of adverse effects on the integrity of any European site.

Imperative reasons of overriding public interest (no priority habitat or priority species)

219. (1) In this section "development concerned" means a relevant development in respect of which the competent authority has made a determination under paragraph (a) of subsection (7) of section 217 relating to a European site or European sites that does not, or do not, host a priority habitat or priority species.

(2) (a) Where, in relation to a development concerned, the competent authority has received a request referred to in subsection (3) of section 215 , it shall consider that request and the explanation referred to in subsection (4) of that section, but only after it has made a determination under paragraph (a) of subsection (7) of section 217 that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site.

(b) The competent authority shall, after having considered the request and explanation referred to in paragraph (a), come to a conclusion in relation to the development concerned as to whether or not—

(i) there is an absence of alternative solutions to the carrying out of the development concerned,

(ii) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the carrying out of the development concerned, and

(iii) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected.

(i) the Natura impact statement,

(ii) the explanation referred to in paragraph (a), and

(iii) where applicable, any submission received—

(I) pursuant to an invitation under paragraph (a) of subsection (3),

(II) pursuant to an invitation under subsection (3) of section 216 , or

(III) consequent upon the taking of measures prescribed under subsection (4) of section 220 by the competent authority,

in relation to the matters referred to in subparagraphs (i), (ii) and (iii) of paragraph (b).

(3) (a) A competent authority may—

(i) at any time after having made a determination under paragraph (a) of subsection (7) of section 217 in respect of a development concerned to which a request referred to in subsection (3) of section 215 relates, and

(ii) for the purpose of reaching a conclusion under paragraph (b) of subsection (2),

invite any person to make submissions to it in relation to the matters referred to in subparagraphs (i), (ii) and (iii) of the said paragraph (b).

(b) An invitation under paragraph (a) shall specify the period during which, and the manner in which, submissions may be made pursuant to that invitation.

(4) Where a development concerned or any part thereof consists of—

(a) the construction or operation of plants producing energy from renewable sources,

(b) the storage of energy produced by such plants, or

imperative reasons of overriding public interest shall, in accordance with Article 16f of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018¹⁷ on the promotion of the use of energy from renewable sources laying down a framework to accelerate the deployment of renewable energy, be deemed to exist in relation to that development concerned or that part, as the case may be.

(5) (a) Where the competent authority concludes that—

(i) there is an absence of alternative solutions to the carrying out of the development concerned, and

(ii) imperative reasons of overriding public interest (which may include reasons of a social or economic nature) exist for the carrying out of the development concerned,

but is not satisfied that the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected, it may consult with the applicant for permission for the purpose of ascertaining the feasibility and adequacy of alternative compensatory measures.

(b) Where, following a consultation under paragraph (a), the applicant for permission proposes alternative compensatory measures (in this section referred to as the “revised proposal”) that the competent authority is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected, the competent authority shall—

(i) publish the revised proposal on an internet website maintained by or on behalf of the competent authority,

(ii) publish a notice on that internet website—

(I) inviting members of the public to make submissions to the competent authority in relation to the revised proposal, and

(II) specifying the period during which, and the manner in which, such submissions may be made,

and

(iii) send a copy of the revised proposal to such persons (if any) as may be prescribed, and invite each such person to make submissions to the competent authority in relation to the revised proposal.

(i) the revised proposal,

(ii) any submissions received by the competent authority pursuant to a notice under subparagraph (ii) of paragraph (b), and

(iii) any submissions received by the competent authority pursuant to an invitation under subparagraph (iii) of paragraph (b).

(6) (a) Subject to paragraph (a) of subsection (5), where, in relation to a development concerned, a competent authority concludes under paragraph (b) of subsection (2) that—

(i) there are alternative solutions to the carrying out of the development concerned,

(ii) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest do not exist for the carrying out of the development concerned, or

(iii) the compensatory measures proposed by the applicant for permission are not adequate to ensure that the overall coherence of the Natura 2000 network is protected,

it shall refuse to grant permission for the development concerned under Part 4 .

(b) Where, after having considered a revised proposal under paragraph (c) of subsection (5), a competent authority is still not satisfied that the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected, it shall refuse to grant permission for the development concerned under Part 4.

(c) Where paragraph (a) or (b) applies in relation to a development concerned, the competent authority shall, forthwith, inform the applicant for permission for the development concerned of its conclusion and the reasons therefor.

(7) Where, in relation to a development concerned, the competent authority comes to a conclusion under paragraph (b) of subsection (2) that—

(a) there is an absence of alternative solutions to the carrying out of the development concerned,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the carrying out of the development concerned, and

(c) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

or where the competent authority comes to that conclusion after consideration of a revised proposal under subsection (5), it shall prepare, and submit to the Minister, a statement in relation to the development concerned specifying—

(i) the considerations that caused the competent authority to conclude that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site under paragraph (a) of subsection (7) of section 217 ,

(ii) the reasons for which the competent authority has concluded that there are no alternative solutions to the carrying out of the development concerned,

(iii) the imperative reasons of overriding public interest that the competent authority has concluded exist for the carrying out of the development concerned,

(iv) the proposed compensatory measures that the competent authority is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and

(v) such other information (if any) as the competent authority considers to be of relevance.

(8) (a) A statement submitted to the Minister in accordance with subsection (7) shall be accompanied by—

(i) a copy of the application for permission for the development concerned,

(ii) the Natura impact statement in respect of the development concerned,

(iii) the explanation referred to in subsection (4) of section 215 , and

(iv) any submissions received by the competent authority in accordance with this section or section 216 in relation to the development concerned.

(b) A statement submitted to the Minister in accordance with subsection (7) shall, as soon as may be after its submission to the Minister in accordance with that subsection, be published by the competent authority on an internet website maintained by or on its behalf.

(9) For the purpose of the performance by the Minister of functions under subsection (10) or (11) or in relation to a request under subsection (12), the Minister—

(a) may consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, or

(b) shall consult with the competent authority, which may, with the consent of the applicant for permission, submit—

(i) a proposed revised or modified development concerned, or

(ii) proposed revised or modified compensatory measures.

(10) Where the Minister is satisfied that, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies, the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected, he or she shall, forthwith, issue a notice to that effect to the competent authority and the competent authority may, upon receipt of that notice and subject to Part 4 and subsection (14), grant permission under Part 4 for the development concerned.

(11) Where the Minister is not satisfied that, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies, the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected, he or she shall forthwith issue a notice to that effect to the competent authority and the competent authority shall not grant permission under Part 4 for the development concerned.

(12) (a) Notwithstanding the other provisions of this section, where—

(i) the competent authority is a planning authority, and

(ii) in the opinion of the competent authority, the question of whether imperative reasons of overriding public interest (which may include reasons of a social or economic nature) exist requires the consideration of matters that fall outside considerations relating to the proper planning and sustainable development of the functional area of the planning authority,

the competent authority may, when submitting a statement to the Minister in accordance with subsection (7), request the Minister to decide whether imperative reasons of overriding public interest (which may include reasons of a social or economic nature) exist for the carrying out of the development concerned.

(b) Where the Minister receives a request under paragraph (a), he or she shall include in any notice issued to the competent authority under subsection (10) or (11) his or her decision in relation to the question of whether or not imperative reasons of overriding public interest (which may include reasons of a social or economic nature) exist for the carrying out of the development concerned.

(c) Where a notice under subsection (10) includes the decision of the Minister in accordance with paragraph (a) that imperative reasons of overriding public interest (which may include reasons of a social or economic nature) do not exist for the carrying out of the development concerned, the competent authority shall not grant permission under Part 4 for the development concerned.

(13) The competent authority shall, when publishing its decision in relation to the application for permission for the development concerned—

(a) publish a copy of the notice under subsection (10) or (11) on an internet website maintained by or on behalf of the competent authority, and

(b) notify, in writing—

(i) the applicant for permission,

(ii) any person who appealed a decision in relation to the application for permission for the development concerned under section 103 ,

(iii) any person who made a submission in accordance with Part 4 in relation to the application for permission,

(iv) any person who made a submission pursuant to an invitation under section 216 or in the course of a consultation under subsection (2) of section 217 in relation to the development concerned, and

(v) any person who made a submission pursuant to an invitation under paragraph (a) of subsection (3) or subparagraph (ii) or (iii) of paragraph (b) of subsection (5),

of the contents of the notice under subsection (10) or (11).

(14) (a) Where the competent authority receives a notice under subsection (10) in respect of a development concerned, the implementation of the proposed compensatory measures that the Minister is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected shall be a condition of any permission for the development concerned.

(b) The competent authority may attach to a grant of permission for a development concerned a condition requiring the person—

(i) who will carry out, is carrying out or has carried out the development concerned, or

(ii) on whose behalf the development will be, is being or has been carried out,

to make one, or more than one, financial contribution for the purpose of securing the implementation of any compensatory measures that the competent authority, planning authority (where the Commission is the competent authority) or Minister may have to carry out.

(15) (a) The competent authority shall inform the European Commission of the compensatory measures required to be implemented under, or in connection with, a grant of permission for a development concerned intended to ensure that the overall coherence of the Natura 2000 network is protected.

(b) The competent authority shall send a copy of any communication with the European Commission under or in connection with paragraph (a) to the Minister.

Invitation to applicant for permission to make request under subsection (3) of section 215 (no priority habitat or priority species)

220. (1) Where a Natura impact statement is not accompanied by a request referred to in subsection (3) of section 215 and the competent authority considers that a reasonable case may be made that—

(a) there is an absence of alternative solutions to the carrying out of the relevant development concerned,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the carrying out of the relevant development concerned, and

(c) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

the competent authority may, having made a determination under paragraph (a) of subsection (7) of section 217 and before making a decision on the application for permission, invite the applicant for permission to submit to the competent authority, within such period as the competent authority may specify, a request referred to in subsection (3) of section 215 that complies with subsection (4) of section 215 .

(2) Where the applicant for permission, on receipt of an invitation under subsection (1), does not submit to the competent authority a request referred to in subsection (3) of section 215 or fails to comply with subsection (4) of that section in relation to any such request—

(a) within such period as may be specified in the invitation, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the competent authority shall as soon as may be after the expiration of the said period or further period, as the case may be, refuse to grant permission under Part 4 for the relevant development concerned.

(3) Where, pursuant to an invitation under subsection (1), the applicant for permission submits a request referred to in subsection (3) of section 215 to the competent authority that complies with subsection (4) of that section—

(a) within such period as may be specified in the invitation, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the competent authority shall take such measures as are prescribed under subsection (4).

(4) The Minister may, for the purpose of ensuring—

(a) that members of the public (including persons who have made submissions in relation to the application for permission concerned), and

(b) such persons as may be prescribed,

are given an opportunity to make submissions in relation to an explanation contained in a request referred to in subsection (3) of section 215 submitted to the competent authority pursuant to an invitation under this section, prescribe the measures that shall be taken by the competent authority under subsection (3).

(5) Section 219 shall apply to a request made, in accordance with this section and in relation to which there has been compliance by the competent authority with subsection (3), subject to any necessary modifications.

Imperative reasons of overriding public interest (priority habitat or priority species)

221. (1) In this section—

“development concerned” means a relevant development in respect of which the competent authority has made a determination under paragraph (a) of subsection (7) of section 217 relating to a European site that hosts a priority habitat or priority species;

“imperative reasons of overriding public interest” means—

(a) reasons relating to human health or public safety,

(b) reasons that the development will have beneficial consequences of primary importance to the environment, or

(c) reasons that, in the opinion (given upon a request under subsection (11)) of the European Commission, constitute other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive.

(i) there is an absence of alternative solutions to the carrying out of the development concerned,

(ii) imperative reasons of overriding public interest exist or, subject to the opinion of the Commission, may exist for the carrying out of the development concerned, and

(iii) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected.

(i) the Natura impact statement,

(ii) the explanation referred to in paragraph (a), and

(iii) where applicable, any submission received—

(I) pursuant to an invitation under paragraph (a) of subsection (3),

(II) pursuant to an invitation under subsection (3) of section 216 , or

(III) consequent upon the taking of measures prescribed under subsection (4) of section 222 by the competent authority,

in relation to the matters referred to in subparagraphs (i), (ii) and (iii) of paragraph (b).

(3) (a) A competent authority may—

(ii) for the purposes of reaching a conclusion under paragraph (b) of subsection (2),

invite any person to make submissions to it in relation to the matters referred to in subparagraphs (i), (ii) and (iii) of the said paragraph (b).

(b) An invitation under paragraph (a) shall specify the period during which, and the manner in which, submissions may be made pursuant to that invitation.

(4) Where a development concerned or any part thereof consists of—

(a) the construction or operation of plants producing energy from renewable sources,

(b) the storage of energy produced by such plants, or

imperative reasons of overriding public interest shall, in accordance with Article 16f of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018¹⁸ on the promotion of the use of energy from renewable sources laying down a framework to accelerate the deployment of renewable energy, be deemed to exist in relation to that development concerned or that part, as the case may be.

(5) (a) Where the competent authority concludes that—

(i) there is an absence of alternative solutions to the carrying out of the development concerned, and

(ii) imperative reasons of overriding public interest for the carrying out of a development concerned exist or, subject to the opinion of the Commission, may exist,

(i) publish the revised proposal on an internet website maintained by or on behalf of the competent authority,

(ii) publish a notice on that internet website—

(I) inviting members of the public to make submissions to the competent authority in relation to the revised proposal, and

(II) specifying the period during which, and the manner in which, such submissions may be made,

and

(i) the revised proposal,

(ii) any submissions received by the competent authority pursuant to a notice under subparagraph (ii) of paragraph (b), and

(iii) any submissions received by the competent authority pursuant to an invitation under subparagraph (iii) of paragraph (b).

(6) (a) Subject to paragraph (a) of subsection (5), where, in relation to a development concerned, a competent authority concludes under paragraph (b) of subsection (2) that—

(i) there are alternative solutions to the carrying out of the development concerned,

(ii) imperative reasons of overriding public interest do not exist for the carrying out of the development concerned, or

(iii) the compensatory measures proposed by the applicant for permission are not adequate to ensure that the overall coherence of the Natura 2000 network is protected,

it shall refuse to grant permission for the development concerned under Part 4 .

(7) Where, in relation to a development concerned, the competent authority comes to a conclusion under paragraph (b) of subsection (2) that—

(a) there is an absence of alternative solutions to the carrying out of the development concerned,

(b) imperative reasons of overriding public interest exist for the carrying out of the development concerned, and

(c) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

or where the competent authority comes to that conclusion after consideration of a revised proposal under paragraph (c) of subsection (5), it shall prepare, and submit to the Minister, a statement in relation to the development concerned—

(i) specifying the considerations that caused the competent authority to conclude that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site under paragraph (a) of subsection (7) of section 217 ,

(ii) specifying the reasons for which the competent authority has concluded that there are no alternative solutions to the carrying out of the development concerned,

(iii) specifying the imperative reasons of overriding public interest that the competent authority has concluded exist or, subject to the opinion of the Commission, may exist for the carrying out of the development concerned,

(iv) in circumstances where the competent authority has concluded that other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive may exist for the carrying out of the development concerned—

(I) specifying the reasons for its having so concluded, and

(II) requesting the Minister to make a request under subsection (11) in relation to the development concerned,

(v) specifying the proposed compensatory measures that the competent authority is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and

(vi) providing such other information (if any) as the competent authority considers to be of relevance.

(8) (a) A statement submitted to the Minister in accordance with subsection (7) shall be accompanied by—

(i) a copy of the application for permission for the development concerned,

(ii) the Natura impact statement in respect of the development concerned,

(iii) the explanation referred to in subsection (4) of section 215 , and

(iv) any submissions received by the competent authority in accordance with this section or section 216 in relation to the development concerned.

(9) The Minister shall, as soon as may be after having received a statement under subsection (8), perform the functions conferred on him or her by subsection (11), (12), (13), (14) or (15).

(10) The Minister may, for the purpose of performing his or her functions under subsection (11), (12), (13), (14) or (15) consult with—

(a) such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, or

(b) the competent authority, which may, with the consent of the applicant for permission, submit—

(i) a proposed revised or modified development concerned, or

(ii) proposed revised or modified compensatory measures.

(11) The Minister may—

(a) upon receipt of a statement under subsection (7) containing a request from the competent authority under subparagraph (iv) of that section, and

(b) if satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

request the European Commission to provide him or her with its opinion as to whether or not other imperative reasons of overriding public interest within the meaning of paragraph (4) of Article 6 of the Habitats Directive exist in relation to the development concerned.

(12) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies, the Minister—

(a) is satisfied that imperative reasons of overriding public interest consisting of—

(i) reasons relating to human health or public safety, or

(ii) reasons that the development will have beneficial consequences of primary importance to the environment,

exist, and

(b) is satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

he or she shall, forthwith, issue a notice to that effect to the competent authority, and the competent authority may, upon receipt of that notice and subject to Part 4 and subsection (17), grant permission for the development concerned.

(13) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies, the Minister—

(a) is not satisfied that imperative reasons of overriding public interest consisting of—

(i) reasons relating to human health or public safety, or

(ii) reasons that the development will have beneficial consequences of primary importance to the environment,

exist, or

(b) is not satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

then, subject to subsection (14), he or she shall, forthwith, issue a notice to that effect to the competent authority, and the competent authority shall not grant permission for the development concerned.

(14) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies—

(a) the Minister receives an opinion from the European Commission (pursuant to a request under subsection (11)) that states that, in relation to the development concerned, it is satisfied that imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist, and

(b) the Minister is satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

(15) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies—

(a) the Minister receives an opinion from the European Commission (pursuant to a request under subsection (11)) that states that, in relation to the development concerned, it is not satisfied that imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist, or

(b) the Minister is not satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

he or she shall, forthwith, issue a notice to that effect to the competent authority, and the competent authority shall not grant permission for the development concerned.

(16) The competent authority shall, when publishing its decision in relation to the application for permission for the development concerned—

(a) publish a copy of the notice under subsection (12), (13), (14) or (15) on an internet website maintained by or on behalf of the competent authority,

(b) publish a copy of the opinion of the European Commission received by the Minister pursuant to any request under subsection (11), and

(i) the applicant for permission,

(ii) any person who appealed a decision in relation to the application for permission for the development concerned under section 103 ,

(iii) any person who made a submission in accordance with Part 4 in relation to the application for permission,

(iv) any person who made a submission pursuant to an invitation under section 216 or subsection (2) of section 217 in relation to the development concerned, and

(v) any person who made a submission pursuant to an invitation under paragraph (a) of subsection (3) or subparagraph (ii) or (iii) of paragraph (b) of subsection (5),

of the contents of the notice under subsection (12), (13), (14) or (15).

(17) (a) Where the competent authority receives a notice under subsection (12) or (14) in respect of a development concerned, the implementation of the proposed compensatory measures that the Minister is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected shall be a condition of any permission for the development concerned.

(b) The competent authority may attach to a grant of permission for a development concerned a condition requiring the person—

(i) who will carry out, is carrying out or has carried out the development concerned, or

(ii) on whose behalf the development concerned will be, is being or has been carried out,

(18) (a) The competent authority shall inform the European Commission of the compensatory measures required to be implemented under, or in connection with, a grant of permission for a development concerned aimed at ensuring that the overall coherence of the Natura 2000 network is protected.

(b) The competent authority shall send a copy of any communication with the European Commission under or in connection with paragraph (a) to the Minister.

Invitation to applicant for permission to make request under subsection (3) of section 215 (priority habitat or priority species)

222. (1) Where a Natura impact statement is not accompanied by a request referred to in subsection (3) of section 215 and the competent authority considers that a reasonable case may be made that—

(a) there is an absence of alternative solutions to the carrying out of the relevant development concerned,

(b) imperative reasons of overriding public interest exist for the carrying out of the relevant development concerned, and

(c) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

(a) within such period as may be specified in the invitation, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

(a) within such period as may be specified in the invitation, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the competent authority shall take such measures as are prescribed under subsection (4).

(4) The Minister may, for the purpose of ensuring—

(a) that members of the public (including persons who have made submissions in relation to the application for permission concerned), and

(b) such persons as may be prescribed,

(5) Section 221 shall apply to a request made, in accordance with this section and in relation to which there has been compliance by the competent authority with subsection (3), subject to any necessary modifications.

Chapter 4

Environmental Assessment of Development

Interpretation

223. (1) In this Chapter—

“competent authority” means—

(a) in relation to relevant development for which permission is required under Chapter 3 of Part 4, the planning authority to which an application for such permission is required to be made,

(b) in relation to relevant development in respect of which a decision—

(i) under section 98 has been made, and

(ii) that is appealed or appealable under Chapter 3 of Part 4 ,

the Commission,

(d) in relation to development for which retrospective consent is required under Chapter 4 of Part 4 , the Commission,

(e) in relation to a request for an alteration of the terms or extension of the duration of a permission under subsection (1) of section 140 , the deciding authority to which the request under section 140 is made or, where a decision under section 143 in respect of the request is appealed under subsection (8) of section 143 , the Commission,

(f) for the purpose of carrying out a screening for environmental impact assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140 ) consisting of local authority development, the local authority concerned,

(g) for the purpose of carrying out a screening for environmental impact assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140 ) consisting of State authority development, the State authority concerned,

“screening determination” means a determination made in accordance with section 229 , 230 or 232 as to whether a relevant development is required to be the subject of an environmental impact assessment;

“screening for environmental impact assessment” means an assessment carried out in accordance with section 229 , 230 , 231 or 232 .

(2) A word or expression that is used in this Chapter and in the Environmental Impact Assessment Directive has the meaning in this Chapter that it has in that directive.

(3) This Chapter shall be construed in accordance with the Environmental Impact Assessment Directive.

Purpose of Chapter

224. The purpose of this Chapter is to give effect to the State’s obligations under the Environmental Impact Assessment Directive.

Obligation to carry out screening for environmental impact assessment and environmental impact assessment

225. (1) (a) The Minister may prescribe a class of relevant development for the purposes of this subsection.

(b) A competent authority shall carry out an environmental impact assessment of relevant development of a class prescribed under paragraph (a) before it makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development.

(2) (a) The Minister may—

(i) prescribe a class of relevant development for the purposes of this subsection, and

(ii) prescribe a threshold in respect of relevant development of that class.

(b) Where, in relation to relevant development of a class prescribed under paragraph (a), the threshold prescribed under subparagraph (ii) of that paragraph in relation to relevant development of that class is reached or exceeded, then, before the competent authority makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development, the competent authority shall carry out an environmental impact assessment of that relevant development.

(c) Where, in relation to a relevant development of a class prescribed under paragraph (a), the threshold prescribed under subparagraph (ii) of that paragraph in relation to that class is not reached, then, before the competent authority makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development, the competent authority shall—

(i) carry out a screening for environmental impact assessment of that relevant development, and

(ii) if, having carried out such screening, it determines that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, carry out an environmental impact assessment of the relevant development.

(d) Paragraph (c) shall apply, in relation to—

(i) the performance by a local authority or State authority of its functions as competent authority under subparagraph (i) of that paragraph, and

(ii) the performance by the Commission, on an appeal under section 230 , of its functions under the said subparagraph (i),

as if the words “then, before the competent authority makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development,” were deleted.

(e) References in paragraph (c) to competent authority shall, for the purposes of the carrying out of a screening for environmental impact assessment of a relevant development by the Commission on an appeal under section 230 , be construed as including references to the Commission.

(f) The Minister may prescribe the manner in which, and criteria by reference to which, a screening determination shall be made in accordance with paragraph (c).

(3) (a) The Minister may—

(i) prescribe a class of relevant development for the purposes of this subsection, and

(ii) prescribe a threshold in respect of relevant development of that class.

(b) Where relevant development of a class prescribed under paragraph (a) does not reach the threshold prescribed in respect of that class under subparagraph (ii) of that paragraph, then, before the competent authority makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development, the competent authority shall—

(i) carry out an examination of the nature and location of that relevant development,

(ii) if, having carried out such examination, it is not satisfied that the possibility of significant effects on the environment resulting from the relevant development can be excluded, carry out a screening for environmental impact assessment of that relevant development, and

(iii) if, having carried out such screening, it determines that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, carry out an environmental impact assessment of the relevant development.

(c) The Minister may prescribe the manner in which, and criteria by reference to which, a screening determination shall be made in accordance with paragraph (b).

(4) (a) Where, following the conduct of an examination under subparagraph (i) of paragraph (b) of subsection (3) in relation to a relevant development consisting of local authority development or State authority development, the competent authority is satisfied that the possibility of significant effects on the environment resulting from the relevant development can be excluded, it shall declare in writing that it is so satisfied.

(b) Any person may appeal a declaration under paragraph (a) to the Commission.

(i) the performance by a local authority or State authority of its functions as competent authority under subparagraph (i) or (ii) of that paragraph, and

(ii) the carrying out of—

(I) an examination in accordance with subparagraph (i) of that paragraph by the Commission on appeal under this subsection, or

(II) a screening for environmental impact assessment in accordance with subparagraph (ii) of that paragraph by the Commission, on an appeal under section 230 ,

(d) References, in paragraph (b) of subsection (3), to the competent authority shall, for the purposes of—

(i) the carrying out of an examination in accordance with subparagraph (i) of that paragraph by the Commission on an appeal under this subsection, or

(ii) the carrying out of a screening for environmental impact assessment of a relevant development under subparagraph (ii) of that paragraph by the Commission on an appeal under section 230 ,

be construed as including references to the Commission.

(e) The Minister may make regulations for the purposes of the conduct of examinations under subparagraph (i) of paragraph (b) of subsection (3) and the bringing and conduct of appeals under paragraph (b) of this subsection, including—

(i) the manner in which an examination shall be conducted,

(ii) the matters that shall be taken into consideration when conducting an examination,

(iii) the publication and giving of notice of the outcome of an examination, and

(iv) the manner in which an appeal under paragraph (b) may be brought.

(5) (a) The officers or members of staff of a local authority or State authority performing, or who have performed, any functions (other than functions under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development),

shall not carry out an examination of the development under subparagraph (i) of paragraph (b) of subsection (3).

(b) The officers or members of staff of a local authority or State authority carrying out an examination of a relevant development under subparagraph (i) of paragraph (b) of subsection (3) shall not, in relation to the carrying out of such examination, be subject to the direction, control or supervision (direct or indirect) of any officer or member of staff of the local authority or State authority, as the case may be, who performs or has performed any function (other than a function under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development).

“local authority” means a local authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of an examination of that relevant development under subparagraph (i) of paragraph (b) of subsection (3);

“State authority” means a State authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of an examination of that relevant development under subparagraph (i) of paragraph (b) of subsection (3).

(6) An environmental impact assessment of a relevant development shall not be required except in accordance with this section.

Prohibition on grant of permission except in certain circumstances

226. (1) (a) The competent authority shall not grant permission for relevant development prescribed for the purposes of subsection (1) of section 225 unless, in relation to the relevant development—

(i) paragraph (b) of that subsection has been complied with,

(ii) the Commission has granted an exemption under section 227 , or

(iii) the Minister has made an order under section 228 .

(b) The competent authority shall not grant permission for relevant development of a class prescribed for the purposes of subsection (2) of section 225 in relation to which the threshold prescribed under that subsection in respect of that class is reached or exceeded unless, in relation to the relevant development—

(i) paragraph (b) of that subsection has been complied with,

(ii) the Commission has granted an exemption under section 227 , or

(iii) the Minister has made an order under section 228 .

(c) The competent authority shall not grant permission for relevant development of a class prescribed for the purposes of subsection (2) of section 225 in relation to which the threshold prescribed under that subsection in respect of that class is not reached unless, in relation to the relevant development—

(i) paragraph (c) of that subsection has been complied with,

(ii) the Commission has granted an exemption under section 227 , or

(iii) the Minister has made an order under section 228 .

(d) The competent authority shall not grant permission for relevant development prescribed for the purposes of subsection (3) of section 225 in relation to which the threshold prescribed under that subsection in respect of that class is not reached unless, in relation to the relevant development—

(i) paragraph (b) of that subsection has been complied with,

(ii) the Commission has granted an exemption under section 227 , or

(iii) the Minister has made an order under section 228 .

(2) Notwithstanding subsection (1), where an application for permission for a relevant development is accompanied by an environmental impact assessment report—

(a) the competent authority shall not be required to carry out a screening for environmental impact assessment in respect of the relevant development concerned, and

(b) the competent authority shall not grant permission unless it has carried out an environmental impact assessment in respect of the relevant development concerned.

Exemption from requirement for assessment by Commission

227. (1) A person may, before making an application for permission for relevant development, (other than development for which retrospective consent is required) under Chapter 4 of Part 4, request the Commission to grant an exemption in relation to the relevant development from the requirements of the Environmental Impact Assessment Directive and sections 229 and 236 and the Commission may, subject to this section, grant such exemption.

(2) Before deciding on a request made to it under subsection (1), the Commission shall—

(a) invite a planning authority in whose functional area the relevant development is proposed to be carried out to make observations to the Commission in relation to the request within such period as the Commission may specify,

(b) consider whether any Member State of the European Union or a Transboundary Convention state should be informed about the relevant development and, if the Commission considers that it should, invite that state to make observations to the Commission in relation to the request within such period as the Commission may specify, and

(3) The Commission shall not grant an exemption under this section unless it is satisfied that—

(a) exceptional circumstances warrant the granting of such exemption,

(b) the application of the requirements of the Environmental Impact Assessment Directive and sections 229 and 236 would adversely affect the purpose of the relevant development concerned, and

(4) Notwithstanding subsection (3), an exemption shall not be granted under this section in respect of a relevant development if any Member State of the European Union or a Transboundary Convention state, after having been informed about the relevant development concerned in accordance with paragraph (b) of subsection (2), informs the Commission that—

(a) it does not consider that the request for an exemption should be granted, or

(b) it wishes to be given an opportunity to make observations on the likely significant effects of the relevant development concerned on the environment.

(5) Where the Commission grants an exemption under this section, it shall—

(a) specify requirements in relation to the assessment of the effects (if any) of the relevant development concerned on the environment by means referred to in paragraph (c) of subsection (3),

(b) publish a notice of the grant, any requirements specified under paragraph (a), and the reasons for the grant—

(i) on an internet website maintained by it or on its behalf, and

(ii) in a national newspaper,

and

(i) a planning authority in whose functional area the relevant development concerned is intended to be carried out,

(ii) any Member State of the European Union or a Transboundary Convention state that the Commission invited to make observations in accordance with paragraph (b) of subsection (2), and

(iii) the European Commission.

(6) Where the Commission specifies requirements in accordance with paragraph (a) of subsection (5), a planning authority and the Commission shall comply with those requirements in determining any subsequent application for permission for the relevant development concerned.

(7) An application for permission for a relevant development shall not be made while a request under subsection (1) is pending before the Commission and any application made in contravention of this requirement shall not be a valid application for the purposes of Part 4 .

(8) The Commission shall, before granting an exemption under this section, inform the European Commission in writing of the reasons justifying the exemption.

Exemption from requirement for assessment by Minister

228. (1) The Minister may, subject to subsection (2), by order declare that the requirements of the Environmental Impact Assessment Directive and sections 229 , 230 and 236 shall not apply in relation to a relevant development or a specified part of relevant development (other than development or part of a development for which retrospective consent is required) proposed to be carried out, by or on behalf of a State authority or statutory undertaker.

(2) The Minister may, after having consulted such other Ministers of the Government as he or she considers appropriate, make an order under subsection (1) if he or she—

(a) is satisfied that the carrying out of the relevant development or part of a relevant development concerned is for the sole purpose of the defence of the State or responding to a civil emergency, and

(b) considers that the application of the Environmental Impact Assessment Directive and sections 229 , 230 and 236 to the relevant development or part of a relevant development concerned would adversely affect that purpose.

(3) Where the Minister makes an order under subsection (1), he or she shall publish a notice of the order and the reasons for the making of the order—

(a) on an internet website maintained by the Minister or on his or her behalf, and

(b) in a national newspaper.

Screening for environmental impact assessment of relevant development

229. (1) The competent authority shall carry out a screening for environmental impact assessment of a relevant development where—

(a) in relation to relevant development in respect of which the applicant has applied or intends to apply for permission, an application for a screening determination is made to it under section 231 ,

(b) an application for permission for a relevant development to which paragraph (c) of subsection (2) of section 225 applies is made to it, or

(c) an application for permission for a relevant development of a class prescribed under paragraph (a) of subsection (3) of section 225 applies is made to it and the competent authority has carried out an examination in accordance with paragraph (b) of the said subsection (3) and determined that the possibility of significant effects on the environment arising from the relevant development concerned cannot be excluded,

for the purpose of determining whether or not—

(i) in the case of proposed development in respect of which an application for permission under Chapter 3 or 4 of Part 4 is made or intended to be made, the proposed development is likely to have significant effects on the environment, or

(ii) in the case of development in respect of which an application for retention permission under Chapter 3 of Part 4 is made or intended to be made, the development has had, is having or is likely to have significant effects on the environment.

(2) The competent authority shall, where required to do so in accordance with section 225 , carry out a screening for environmental impact assessment of relevant development consisting of—

(a) an alteration of the terms, or extension of duration, of a permission for development (other than local authority development or State authority development) requested under subsection (1) of section 140 , or

(b) an alteration of the terms, or extension of duration, of a permission for local authority development or State authority development requested under subsection (1) of section 140 ,

for the purpose of determining whether or not the alteration or extension (either individually or in combination with any plan or other project) is likely to have significant effects on the environment.

(3) For the purpose of the carrying out of a screening for environmental impact assessment by the competent authority under this section, an applicant for a screening determination or an applicant for permission for relevant development, as the case may be, shall provide the competent authority with the following information:

(a) the name of the applicant and the address in the State where he or she normally resides (or where the applicant is a body corporate or unincorporated body of persons, the address of its principal office in the State),

(b) a map identifying the location of the relevant development concerned;

(i) a description of the physical characteristics of the relevant development and, where applicable, of demolition works, and

(ii) a description of the location of the relevant development, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(d) a description of the aspects of the environment significantly affected or likely to be significantly affected by the relevant development (whether of itself or cumulatively with any other project);

(e) a description (to the extent that the information is available) of any, or any likely, significant effects on the environment resulting from—

(i) any expected residues, emissions or waste, or

(ii) the use of natural resources, in particular soil, land, water and biodiversity,

attributable to the carrying out of the relevant development;

(f) a description of any features of the relevant development, or measures proposed in connection with the relevant development, that it is envisaged will avoid or prevent what might otherwise have been significant adverse effects on the environment; and

(g) the result of any other assessment of the effects of the relevant development on the environment carried out under—

(i) an act (other than the Environmental Impact Assessment Directive) of the European Union, or

(ii) an Act of the Oireachtas, or instrument under an Act of the Oireachtas, giving effect to an act (other than the Environmental Impact Assessment Directive) of the European Union.

(4) For the purpose of the carrying out of a screening for environmental impact assessment under this section, the competent authority may—

(a) where the applicant for a screening determination or the applicant for permission, as the case may be, has failed to provide any of the information specified in subsection (3), request such information,

(b) request such additional information from the applicant for a screening determination or the applicant for permission, as the case may be, as it considers necessary to enable it to carry out that assessment, or

(5) Where the applicant for a screening determination or the applicant for permission, as the case may be, does not provide the competent authority with any information requested under paragraph (a) or (b) of subsection (4)—

(a) within such period as may be specified in the request, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the application for permission shall be deemed to have been withdrawn.

(6) The competent authority shall, for the purpose of determining whether or not a relevant development has had, is having or is likely to have significant effects on the environment, assess the nature and location or proposed location of the relevant development concerned and the nature of its potential impact on the environment, having regard to the criteria prescribed under paragraph (f) of subsection (2) of section 225 .

(7) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, the competent authority shall, subject to subsection (6) of section 225 and before determining any application for permission for that development, carry out an environmental impact assessment of the relevant development in accordance with section 236 .

(8) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, an environmental impact assessment of the relevant development shall not be required.

(9) Notwithstanding a determination under subsection (8), a competent authority may, at any time following the making of an application for permission, determine that the carrying out of an environmental impact assessment of the relevant development concerned in accordance with section 236 is required before the competent authority determines the application, but only where, subsequent to the making of the determination under subsection (8), it has formed the view that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment.

(10) (a) Where a competent authority makes a determination under subsection (7) or (9), it may give a notice to the applicant for permission requiring him or her to provide the competent authority with an environmental impact assessment report in relation to the relevant development concerned within—

(i) such period as is specified in the notice, or

(ii) such further period as the competent authority may subsequently agree to, at the request of the applicant for permission.

(11) Where, on the basis of a screening for environmental impact assessment carried out under this section upon an application for a screening determination made to it under section 231 , the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, an environmental impact assessment report shall be submitted with any subsequent application for permission for the relevant development to which the screening determination relates.

(12) Where, on the basis of a screening for environmental impact assessment carried out under this section upon an application for a screening determination made to it under section 231 , the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, it shall not be necessary to submit an environmental impact assessment report with any subsequent application for permission for the relevant development to which the screening determination relates.

(13) Notwithstanding a determination under subsection (12), a competent authority may, at any time following the making of an application for permission for the relevant development to which that determination relates, determine that the carrying out of an environmental impact assessment of the relevant development concerned in accordance with section 236 is required before the competent authority determines the application, but only where, subsequent to the making of the planning application, it has formed the view that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment.

(14) (a) Where subsection (13) applies—

(i) the competent authority may give a notice to the applicant for permission requiring him or her to provide the competent authority with an environmental impact assessment report in relation to the relevant development concerned within—

(I) such period as is specified in the notice, or

(II) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

and

(ii) the competent authority shall, before determining the application for permission, carry out an environmental impact assessment of the relevant development concerned in accordance with section 236 .

(b) Where an applicant for permission to whom a notice is given under subparagraph (i) of paragraph (a) fails to comply with a requirement specified in the notice, the application for permission concerned shall be deemed to be withdrawn.

(15) A competent authority shall, as soon as may be after making a decision under Part 4 in relation to an application for permission—

(a) give notice of any determination under this section (including the reasons for the determination) to—

(i) the applicant,

(ii) any person who made a submission in accordance with the applicable provisions of Part 4 or in the course of a consultation under paragraph (c) of subsection (4), and

(iii) where applicable, any party to an appeal from a decision in relation to the application for permission,

(c) publish notice of any determination (including the reasons for the determination) under this section on a website maintained by or on behalf of the competent authority.

Screening for environmental impact assessment of local authority development and State authority development

230. (1) (a) The competent authority shall carry out a screening for environmental impact assessment of relevant development consisting of local authority development where required to do so in accordance with section 225 , for the purpose of determining whether or not—

(i) in the case of proposed development, the proposed development (either of itself or cumulatively with any other project) is likely to have significant effects on the environment, or

(ii) in the case of development already carried out, the development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment.

(b) The competent authority shall carry out a screening for environmental impact assessment of relevant development consisting of State authority development where required to do so in accordance with section 225 , for the purpose of determining whether or not—

(i) in the case of proposed development, the proposed development (either of itself or cumulatively with any other project) is likely to have significant effects on the environment, or

(2) For the purpose of the carrying out of a screening for environmental impact assessment under this section, the local authority or State authority concerned shall prepare the following information:

(a) a map identifying the location of the relevant development concerned;

(b) a description of the relevant development, including in particular—

(i) a description of the physical characteristics of the relevant development and, where applicable, of demolition works, and

(ii) a description of the location of the relevant development, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(c) a description of the aspects of the environment that have been, are being or are likely to be significantly affected by the relevant development (whether of itself or cumulatively with any other project);

(d) a description (to the extent that the information is available) of any, or any likely, significant effects on the environment resulting from—

(i) any expected residues, emissions or waste, or

(ii) the use of natural resources, in particular soil, land, water and biodiversity,

attributable to the carrying out of the relevant development;

(e) a description of any features of the relevant development, or measures proposed in connection with the relevant development, that it is envisaged will avoid or prevent what might otherwise have been significant adverse effects on the environment; and

(f) the result of any other assessment of the effects of the relevant development on the environment carried out under—

(i) an act (other than the Environmental Impact Assessment Directive) of the European Union, or

(ii) an enactment giving effect to an act (other than the Environmental Impact Assessment Directive) of the European Union.

(3) For the purpose of the carrying out of a screening for environmental impact assessment under this section, the competent authority may consult with such persons as the competent authority considers appropriate.

(4) The competent authority shall, for the purpose of determining whether or not a relevant development consisting of local authority development or State authority development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, assess the nature and location or proposed location of the relevant development concerned and the nature of its potential impact on the environment, having regard to the information prepared in accordance with subsection (1) and to the criteria prescribed under paragraph (f) of subsection (2) of section 225 .

(5) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that a relevant development consisting of local authority development or State authority development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, then, subject to subsection (4) of section 225 —

(a) an environmental impact assessment of the relevant development in accordance with section 236 shall be required, and

(b) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned.

(6) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that a relevant development consisting of local authority development or State authority development (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, an environmental impact assessment of the relevant development shall, subject to any determination of the Commission referred to in subsection (11), not be required.

(7) A competent authority shall, as soon as may be after making a determination under this section—

(a) give notice of the determination (including the reasons for the determination) to any person who made a submission or provided information to the competent authority during the course of a consultation under subsection (3),

(b) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(c) publish a notice of the determination (including the reasons for the determination) on an internet website maintained by or on behalf of the competent authority.

(8) The competent authority shall, not later than 3 days after the making of a determination under this section, comply with subsection (7).

(9) Where the competent authority makes a determination under this section that an environmental impact assessment is not required, any person may, not later than 4 weeks from the date of the publication of a notice in accordance with paragraph (c) of subsection (7), appeal that determination to the Commission.

(10) Where the Commission receives a notice of appeal from a determination of the competent authority under this section, it shall—

(a) carry out a screening for environmental impact assessment of the relevant development concerned, and

(b) make a determination as to whether or not that relevant development has had, is having or is likely to have significant effects on the environment,

and subsection (4) shall apply for the purposes of this subsection as if references therein to competent authority included references to the Commission.

(11) Where, on the basis of a screening for environmental impact assessment carried out under this section, the Commission makes a determination that a relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment—

(a) an environmental impact assessment of the relevant development in accordance with section 236 shall be required, and

(b) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned.

(12) Where, on the basis of a screening for environmental impact assessment carried out under this section, the Commission makes a determination that a relevant development (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, an environmental impact assessment of the relevant development shall not be required.

(13) The Commission shall—

(a) give notice of a determination (including the reasons for the determination) under subsection (10) to the local authority or State authority concerned,

(b) give notice of the determination (including the reasons for the determination) to any person who made submissions or provided information to the competent authority during the course of a consultation under subsection (3),

(c) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(d) publish a notice of the determination (including the reasons for the determination) on an internet website maintained by or on behalf of the competent authority.

(14) (a) The officers or members of staff of a local authority or State authority performing, or who have performed, any functions (other than functions under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development),

shall not carry out a screening for environmental impact assessment of the development under this section.

(b) The officers or members of staff of a local authority or State authority carrying out a screening for environmental impact assessment of a relevant development under this section shall not, in relation to the carrying out of such screening, be subject to the direction, control or supervision (direct or indirect) of any officer or member of staff of the local authority or State authority, as the case may be, who performs or has performed any function (other than a function under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development).

“local authority” means a local authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of a screening for environmental impact assessment of that relevant development under this section;

“State authority” means a State authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of a screening for environmental impact assessment of that relevant development under this section.

(15) The Minister may make regulations for the purpose of this section, including regulations—

(a) specifying the criteria for making a determination under this section in relation to local authority housing development within the meaning of section 161 , and

(b) relating to the making of requests by the competent authority or the Commission for information from a local authority or State authority for the purpose of the performance by the competent authority or the Commission of its functions under this section.

Application for screening determination prior to application for permission for relevant development

231. (1) A person intending to apply for permission for a relevant development may, before making an application for permission, apply to the competent authority to which such an application for permission is required to be made under Part 4 for a screening determination as to whether an environmental impact assessment is required to be carried out in respect of the relevant development concerned.

(2) Subject to subsections (3), (4), (5) and (6), where a competent authority receives an application for a screening determination under subsection (1), it shall carry out a screening for environmental impact assessment and make a screening determination in accordance with section 229 .

(3) An application for a screening determination under subsection (1) shall include—

(b) where the applicant for the screening determination is not the owner of the land on which the relevant development is proposed to be carried out, the name of that owner and the address in the State where he or she normally resides (or where that owner is a body corporate or unincorporated body of persons, the address of its principal office in the State), and

(c) where neither the applicant for the screening determination nor the owner of the land on which the relevant development is proposed to be carried out is the occupier of that land, the name of the occupier of that land and the address in the State where he or she normally resides (or where that occupier is a body corporate or unincorporated body of persons, the address of its principal office in the State).

(4) Where the applicant for a screening determination under subsection (1) is not the owner of the land on which the relevant development is proposed to be carried out, the competent authority shall, by notice in writing, invite—

(a) the owner (if any), and

(b) where neither the owner nor the applicant for the screening determination is the occupier of the land, the occupier (if any) of that land,

to make a submission to the competent authority in relation to the application for a screening determination within such period as may be specified in the notice.

(5) Where a competent authority considers that an application made to it under subsection (1) is incomplete in any material detail, it may, at its discretion—

(a) reject the application, giving notice of its decision and the reasons therefor to the applicant and any person consulted or required to be consulted under subsection (4), or

(b) request further information from the applicant for a screening determination in accordance with subsection (4) of section 229 .

(6) (a) A competent authority shall, subject to paragraph (b), make a screening determination on an application made to it under subsection (1) not later than 90 days after receipt from the applicant for the screening determination of the information required to be submitted in accordance with subsection (3) of section 229 .

(b) Where a competent authority considers that exceptional circumstances (which may include those relating to the nature, complexity, location or size of the proposed relevant development) exist that prevent it from making a screening determination within the period of 90 days referred to in paragraph (a), it may extend the period and, where it does so, it shall, by notice in writing, inform—

(i) the applicant for the screening determination, and

(ii) any person who made a submission in accordance with subsection (4) or who was consulted in accordance with paragraph (c) of subsection (4) of section 229 ,

of the reasons therefor and of the date when it expects to make its determination.

(7) A competent authority shall, as soon as may be after making a screening determination on an application made to it under subsection (1)—

(a) give notice of the determination (including the reasons for the determination) to—

(i) the applicant for the screening determination, and

(ii) any person who made a submission in accordance with subsection (4) or who was consulted in accordance with paragraph (c) of subsection (4) of section 229 ,

(b) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(c) publish notice of the determination (including the reasons for the determination) on a website maintained by or on behalf of the competent authority.

Screening for environmental impact assessment for purposes of determining if development is exempted development

232. (1) The competent authority shall carry out a screening for environmental impact assessment of a relevant development in respect of which—

(a) a request under section 10 is made for a declaration on the question of whether or not that relevant development is exempted development, or

(b) an appeal against any such declaration is brought,

for the purpose of determining whether or not—

(i) in the case of proposed development in respect of which such request or appeal is made or brought, the proposed development (either individually or cumulatively with any other project) is likely to have significant effects on environment, or

(ii) in the case of development in respect of which such request or appeal is made or brought, the development (either individually or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment.

(2) For the purpose of performing its functions under this section, the competent authority may—

(a) require—

(i) the person who made the request under section 10 ,

(ii) any person who brought an appeal under section 10 , or

(iii) any other person as the competent authority considers appropriate,

to provide the competent authority with the information referred to in subsection (3) of section 229 , and such other information as it considers necessary to enable it to carry out the screening of the development for environmental impact assessment, or