Planning and Development Act 2024

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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;

(c) conditions requiring the taking of measures to manage, limit or prevent—

(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,

(c) a waste licence, or

(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.