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Planning and Development (Amendment) Act 2010

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Planning and Development (Amendment) Act 2010 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2010 Planning and Development (Amendment) Act 2010 Planning and Development (Amendment) Act 2010 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 30 of 2010 PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2010 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, collective citation, construction and commencement. 2. Definitions. PART 2 Amendment of Principal Act 3. Legal acts of the European Union given effect to by this Act. 4. Amendment of section 2 of Principal Act. 5. Amendment of section 4 of Principal Act. 6. Amendment of section 7 of Principal Act. 7. Amendment of section 10 of Principal Act. 8. Amendment of section 11 of Principal Act. 9. Amendment of section 12 of Principal Act. 10. Amendment of section 13 of Principal Act. 11. Amendment of section 18 of Principal Act. 12. Amendment of section 19 of Principal Act. 13. Amendment of section 20 of Principal Act. 14. Amendment of section 23 of Principal Act. 15. Amendment of section 24 of Principal Act. 16. Amendment of section 27 of Principal Act. 17. Report of regional authority for preparation of draft development plan. 18. Role of regional authority in making of development plan. 19. Role of regional authority in variation of development plan. 20. Amendment of section 28 of Principal Act. 21. Ministerial directions regarding development plans, variation of development plans and local area plans. 22. Amendment of section 31A of Principal Act. 23. Amendment of section 34 of Principal Act. 24. Amendment of section 35 of Principal Act. 25. Amendment of section 37A of Principal Act. 26. Amendment of section 37H of Principal Act. 27. Amendment of section 38 of Principal Act. 28. Power to extend appropriate period. 29. Amendment of section 42A of Principal Act. 30. Amendment of section 48 of Principal Act. 31. Amendment of section 49 of Principal Act. 32. Amendment of section 50A of Principal Act. 33. Costs in environmental matters. 34. Amendment of section 57 of Principal Act. 35. Amendment of section 82 of Principal Act. 36. Amendment of section 87 of Principal Act. 37. Amendment of section 93 of Principal Act. 38. Amendment of section 96 of Principal Act. 39. Amendment of section 104 of Principal Act. 40. Amendment of section 106 of Principal Act. 41. Amendment of section 108 of Principal Act. 42. Amendment of section 130 of Principal Act. 43. Amendment of section 135 of Principal Act. 44. Amendment of section 144 of Principal Act. 45. Amendment of section 153 of Principal Act. 46. Amendment of section 156 of Principal Act. 47. Amendment of section 157 of Principal Act. 48. Amendment of section 160 of Principal Act. 49. Amendment of section 162 of Principal Act. 50. Amendment of section 168 of Principal Act. 51. Amendment of section 169 of Principal Act. 52. Amendment of section 170 of Principal Act. 53. Interpretation. 54. Amendment of section 172 of Principal Act. 55. Amendment of section 174 of Principal Act. 56. Amendment of section 176 of Principal Act. 57. Amendment of Part X of Principal Act. 58. Amendment of section 179 of Principal Act. 59. Amendment of section 180 of Principal Act. 60. Amendment of section 181A of Principal Act. 61. Amendment of section 181B of Principal Act. 62. Amendment of section 181C of Principal Act. 63. Amendment of section 182A of Principal Act. 64. Amendment of section 182B of Principal Act. 65. Amendment of section 182C of Principal Act. 66. Amendment of section 182D of Principal Act. 67. Amendment of section 191 of Principal Act. 68. Amendment of section 212 of Principal Act. 69. Amendment of section 217 of Principal Act. 70. Amendment of section 220 of Principal Act. 71. Amendment of section 248 of Principal Act. 72. Calculation of appropriate period and other time limits over holidays. 73. Amendment of section 253 of Principal Act. 74. Amendment of section 261 of Principal Act. 75. Further matters in relation to control of quarries. 76. Amendment of section 262 of Principal Act. 77. Amendment of First Schedule to Principal Act. 78. Amendment of Seventh Schedule to Principal Act. PART 3 Amendment of certain Acts 79. Amendment of Environmental Protection Agency Act 1992. 80. Amendment of Waste Management Act 1996. 81. Direction of payment of costs by Board. Acts Referred to Civil Service Regulation Acts 1956 to 2005 Dublin Docklands Development Act 1997 1997, No. 7 Dublin Transport Authority Act 2008 2008, No. 15 Electricity Regulation Act 1999 1999, No. 23 Environmental Protection Agency Act 1992 1992, No. 7 European Communities Act 1972 1972, No. 27 European Communities Act 2007 2007, No. 18 Housing (Miscellaneous Provisions) Act 2009 2009, No. 22 Local Government (Planning and Development) Act 1963 1963, No. 28 National Asset Management Agency Act 2009 2009, No. 34 Nursing Homes Support Scheme Act 2009 2009, No. 15 Planning and Development (Amendment) Act 2002 2002, No. 32 Planning and Development (Strategic Infrastructure) Act 2006 2006, No. 27 Planning and Development Act 2000 2000, No. 30 Planning and Development Acts 2000 to 2009 Protection of the Environment Act 2003 2003, No. 27 Roads Act 1993 1993, No. 14 Roads Acts 1993 to 2007 Transport (Railway Infrastructure) Act 2001 2001, No. 55 Waste Management Act 1996 1996, No. 10 Water Services Act 2007 2007, No. 30 Wildlife (Amendment) Act 2000 2000, No. 38 Wildlife Act 1976 1976, No. 39 Number 30 of 2010 PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2010 AN ACT TO AMEND AND EXTEND THE PLANNING AND DEVELOPMENT ACT 2000 , TO AMEND THE TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001 , AND TO PROVIDE FOR RELATED MATTERS. [26th July, 2010] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title, collective citation, construction and commencement. 1.—

(1)This Act may be cited as the Planning and Development (Amendment) Act 2010.
(2)The Planning and Development Acts 2000 to 2009 and this Act (other than Part 3 ) may be cited together as the Planning and Development Acts 2000 to 2010 and shall be read together as one.
(3)This Act shall 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 for different purposes and different provisions. Definitions. 2.— In this Act— “Act of 2001” means the Transport (Railway Infrastructure) Act 2001 ; “Act of 2002” means the Planning and Development (Amendment) Act 2002 ; “Act of 2006” means the Planning and Development (Strategic Infrastructure) Act 2006 ; “Act of 2008” means the Dublin Transport Authority Act 2008 ; “Minister” means the Minister for the Environment, Heritage and Local Government; “Principal Act” means the Planning and Development Act 2000 . PART 2 Amendment of Principal Act Legal acts of the European Union given effect to by this Act. 3.— The Principal Act is amended by the insertion of the following new section after section 1: “1A.— Effect or further effect, as the case may be, is given by this Act to an act specified in the Table to this section, adopted by an institution of the European Union or, where appropriate, to part of such an act. TABLE Council Directive 75/440 EEC of 16 June 1975 1 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States Council Directive 79/409/EEC of 2 April 1979 2 on the conservation of wild birds Environmental Impact Assessment Directive Council Directive 91/271/EEC of 21 May 1991 3 concerning urban waste-water treatment Habitats Directive Major Accidents Directive Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 4 establishing a framework for Community action in the field of water policy Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 5 on the assessment of the effects of certain plans and programmes on the environment Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 6 on public access to environmental information and repealing Council Directive 90/313/EC Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 7 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 8 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community Birds Directive”. Amendment of section 2 of Principal Act. 4.— Section 2
(1)of the Principal Act is amended— (
  1. a)by the deletion of the definition of “Council Directive”; (
  2. b)by the substitution of— (
  3. i)the following for the definition of “the Birds Directive”: “ ‘Birds Directive’ means Directive 2009/147/EC 9 of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;”, (
  4. ii)the following for the definition of “European Site”: “ ‘European site’ has the meaning given to it by section 177R of Part XAB;”, (iii) the following for the definition of “Habitats Directive”: “ ‘Habitats Directive’ means Council Directive 92/43/EEC 10 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, amended by Corrigendum to Council Directive 92/43/EEC 11 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora amended by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded 12 ; Council Directive 97/62/EC 13 of 27 October 1997 adapting to technical and scientific progress Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded 14 , and Council Directive 2006/105/EC 15 of 20 November 2006 adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania;”, (
  5. iv)the following for the definition of “Major Accidents Directive”: “ ‘Major Accidents Directive’ means Council Directive 96/82/EC of 9 December 1996 16 amended by Directive 2003/105/EC of the European Parliament and Council of 16 December 2003 17 ;”, (
  6. v)the following for the definition of “planning application”: “ ‘planning application’ means an application to a planning authority, or the Board, as the case may be, in accordance with permission regulations for permission for the development of land required by those regulations;”; (
  7. c)by the insertion of the following definitions: “ ‘Act of 2001’ means the Transport (Railway Infrastructure) Act 2001 ; ‘Act of 2006’ means the Planning and Development (Strategic Infrastructure) Act 2006 ; ‘Act of 2007’ means the Water Services Act 2007 ; ‘Act of 2008’ means the Dublin Transport Authority Act 2008 ; ‘Act of 2010’ means the Planning and Development (Amendment) Act 2010; ‘adaptation to climate change’ means the taking of measures to manage the impacts of climate change; ‘allotment’ means an area of land comprising not more than 1,000 square metres let or available for letting to and cultivation by one or more than one person who is a member of the local community and lives adjacent or near to the allotment, for the purpose of the production of vegetables or fruit mainly for consumption by the person or a member of his or her family; ‘anthropogenic’ in relation to greenhouse gas emissions means those emissions that result from or are produced by human activity or intervention; ‘appropriate assessment’ shall be construed in accordance with section 177R; ‘core strategy’ shall be construed in accordance with section 10 (inserted by section 7 of the Planning and Development (Amendment) Act 2010); ‘electronic form’ means information that is generated, communicated, processed, sent, received, recorded, stored or displayed by electronic means and is capable of being used to make a legible copy or reproduction of that communicated information but does not include information communicated in the form of speech and such electronic means includes electrical, digital, magnetic, optical electro-magnetic, biometric, photonic and any other form of related technology; ‘environmental impact assessment’ has the meaning given to it by section 171A; ‘Environmental Impact Assessment Directive’ means Council Directive No. 85/337/EEC of 27 June 1985 18 on the assessment of the effects of certain public and private projects on the environment amended by Council Directive 97/11/EC of 3 March 1997 19 , Directive 2003/35/EC 20 of the European Parliament and of the Council of 26 May 2003 and Directive 2009/31/EC 21 of the European Parliament and of the Council of 23 April 2009; ‘flood risk assessment’ means an assessment of the likelihood of flooding, the potential consequences arising and measures, if any, necessary to manage those consequences; ‘housing strategy’ means a strategy included in a development plan under section 94; ‘landscape’ has the same meaning as it has in Article 1 of the European Landscape Convention done at Florence on 20 October 2000; ‘Natura 2000 network’ has the meaning assigned to it by Article 3, paragraph 1 of the Habitats Directive; ‘Natura impact statement’ shall be construed in accordance with section 177T; ‘Natura impact report’ shall be construed in accordance with section 177T; ‘service connection’ has the meaning given to it by section 2 of the Act of 2007; ‘settlement hierarchy’ has the meaning given to it by section 10(2C) (inserted by section 7 of the Act of 2010); ‘strategic development zone’ has the meaning given to it by section 165; ‘strategic environmental assessment’ means an assessment carried out in accordance with regulations made under section 10
(5), 13
(12), 19
(4), 23
(3), or 168
(3)as the case may be; ‘substitute consent’ has the meaning given to it by section 177A;”. Amendment of section 4 of Principal Act. 5.— Section 4 of the Principal Act is amended— (a) in subsection
(1)— (
  1. i)by the substitution of the following paragraph for paragraph (i): “(
  2. i)development consisting of the thinning, felling or replanting of trees, forests or woodlands or works ancillary to that development, but not including the replacement of broadleaf high forest by conifer species;”, (
  3. ii)by the insertion of the following paragraph after paragraph (i): “(
  4. ia)development (other than where the development consists of provision of access to a public road) consisting of the construction, maintenance or improvement of a road (other than a public road) or works ancillary to such road development, where the road serves forests and woodlands;”, (iii) in paragraph (l), by the insertion of “or works consisting of land reclamation or reclamation of estuarine marsh land and of callows, referred to in section 2 of that Act” after “the works are commenced”, and (
  5. b)by the substitution of the following for subsection
(4): “
(4)(a) Notwithstanding subsections
(1)(a), (
  1. i)or (
  2. l)and any regulations made under subsection
(2), development commenced on or after the coming into operation of this section shall not be exempted development if an environmental impact assessment of the development is required. (b) The Minister may, for the purposes of giving further effect to the Habitats Directive and requirements of efficiency and effectiveness in the control of proper planning and sustainable development, prescribe development or classes of development (whether or not by reference to an area or a class of areas in which the development is carried out) which, notwithstanding subsections
(1)(a), and (h) to (j), and any regulations made under subsection
(2), shall not be exempted development.”. Amendment of section 7 of Principal Act. 6.— Section 7
(2)of the Principal Act is amended— (
  1. a)by the substitution of the following paragraph for paragraph (a): “(
  2. a)particulars of any application made to it under this Act for permission for development, for retention of development, for substitute consent including for leave to apply for substitute consent, or for outline permission for development (including the name and address of the applicant, the date of receipt of the application and brief particulars of the development or retention forming the subject of the application),”, (
  3. b)by the substitution of the following paragraphs for paragraph (b): “(
  4. b)where an environmental impact statement, remedial environmental impact statement, Natura impact statement or remedial Natura impact statement was submitted in respect of an application, an indication of this fact, (
  5. bb)where applicable, the outcome of— (
  6. i)a determination as to whether an environmental impact assessment is required, or (
  7. ii)screening for appropriate assessment,”, (
  8. c)by the insertion of the following paragraph after paragraph (s): “(
  9. sa)particulars of any enforcement notice issued under section 177O;”, (
  10. d)by the insertion of the following paragraph after paragraph (x): “(
  11. xa)particulars of any notice given under section 177B, decision of the Board under section 177D, or 177K, or direction served under section 177J or 177L,”. Amendment of section 10 of Principal Act. 7.— Section 10 of the Principal Act is amended— (
  12. a)by the insertion of the following subsections after subsection
(1): “(1A) The written statement referred to in subsection
(1)shall include a core strategy which shows that the development objectives in the development plan are consistent, as far as practicable, with national and regional development objectives set out in the National Spatial Strategy and regional planning guidelines. (1B) A planning authority shall prepare a core strategy, other than where subsection (1C) applies, as soon as practicable and in any event not later than a period of one year after the making of regional planning guidelines under Chapter III which affect the area of the development plan, and shall accordingly vary the development plan under section 13 to include the core strategy. (1C) Where a period of more than 4 years has expired since the making of the development plan when regional planning guidelines under Chapter III which affect the area of the development plan are made, the planning authority shall prepare a core strategy for inclusion in the new development plan under section 11 and 12. (1D) The written statement referred to in subsection
(1)shall also include a separate statement which shows that the development objectives in the development plan are consistent, as far as practicable, with the conservation and protection of the environment.”, (b) in subsection
(2)— (
  1. i)by the insertion of the following paragraphs after paragraph (c): “(
  2. ca)the encouragement, pursuant to Article 10 of the Habitats Directive, of the management of features of the landscape, such as traditional field boundaries, important for the ecological coherence of the Natura 2000 network and essential for the migration, dispersal and genetic exchange of wild species; (
  3. cb)the promotion of compliance with environmental standards and objectives established— (
  4. i)for bodies of surface water, by the European Communities (Surface Waters) Regulations 2009; (
  5. ii)for groundwater, by the European Communities (Groundwater) Regulations 2010; which standards and objectives are included in river basin management plans (within the meaning of Regulation 13 of the European Communities (Water Policy) Regulations 2003);”, (
  6. ii)by the substitution of the following paragraphs for paragraphs (
  7. l)and (m): “(
  8. l)the provision, or facilitation of the provision, of services for the community including, in particular, schools, crèches and other education and childcare facilities; (
  9. m)the protection of the linguistic and cultural heritage of the Gaeltacht including the promotion of Irish as the community language, where there is a Gaeltacht area in the area of the development plan; (
  10. n)the promotion of sustainable settlement and transportation strategies in urban and rural areas including the promotion of measures to— (
  11. i)reduce energy demand in response to the likelihood of increases in energy and other costs due to long-term decline in non-renewable resources, (
  12. ii)reduce anthropogenic greenhouse gas emissions, and (iii) address the necessity of adaptation to climate change; in particular, having regard to location, layout and design of new development; (
  13. o)the preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan, and (
  14. p)landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000.”, (
  15. c)by the insertion of the following subsections after subsection
(2): “(2A) Without prejudice to the generality of subsection (1A), a core strategy shall— (
  1. a)provide relevant information to show that the development plan and the housing strategy are consistent with the National Spatial Strategy and regional planning guidelines, (
  2. b)take account of any policies of the Minister in relation to national and regional population targets, (
  3. c)in respect of the area in the development plan already zoned for residential use or a mixture of residential and other uses, provide details of— (
  4. i)the size of the area in hectares, and (
  5. ii)the proposed number of housing units to be included in the area, (
  6. d)in respect of the area in the development plan proposed to be zoned for residential use or a mixture of residential and other uses, provide details of— (
  7. i)the size of the area in hectares, (
  8. ii)how the zoning proposals accord with national policy that development of land shall take place on a phased basis, (
  9. e)provide relevant information to show that, in setting out objectives regarding retail development contained in the development plan, the planning authority has had regard to any guidelines that relate to retail development issued by the Minister under section 28, (
  10. f)in respect of the area of the development plan of a county council, set out a settlement hierarchy and provide details of— (
  11. i)whether a city or town referred to in the hierarchy is designated as a gateway or hub for the purposes of the National Spatial Strategy, (
  12. ii)other towns referred to in the hierarchy, (iii) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets that apply to towns and cities referred to in the hierarchy, (
  13. iv)any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets that apply to the areas or classes of areas not included in the hierarchy, (
  14. v)projected population growth of cities and towns in the hierarchy, (
  15. vi)aggregate projected population, other than population referred to in subparagraph (v), in— (I) villages and smaller towns with a population of under 1,500 persons, and (II) open countryside outside of villages and towns, (vii) relevant roads that have been classified as national primary or secondary roads under section 10 of the Roads Act 1993 and relevant regional and local roads within the meaning of section 2 of that Act, (viii) relevant inter-urban and commuter rail routes, and (
  16. ix)where appropriate, rural areas in respect of which planning guidelines relating to sustainable rural housing issued by the Minister under section 28 apply, (
  17. g)in respect of the development plan of a city or a town council, provide details of— (
  18. i)the city or town centre concerned, (
  19. ii)the areas designated for significant development during the period of the development plan, particularly areas for which it is intended to prepare a local area plan, (iii) the availability of public transport within the catchment of residential or commercial development, and (
  20. iv)retail centres in that city or town centre. (2B) The information referred to in subparagraphs (vii) to (
  21. ix)of paragraph (
  22. f)and in paragraph (
  23. g)shall also be represented in the core strategy by a diagrammatic map or other such visual representation. (2C) In subsection (2A)(
  24. f)‘ settlement hierarchy ’ means a rank given by a planning authority to a city or town in the area of its development plan, with a population that exceeded 1,500 persons in the census of population most recently published before the making by the planning authority of the hierarchy, and given on the basis of— (
  25. a)its designation as a gateway city or town or as a hub town, as the case may be, under the National Spatial Strategy, (
  26. b)the assessment by the planning authority of— (
  27. i)the proposed function and role of the city or town, which assessment shall be consistent with any regional planning guidelines in force, and (
  28. ii)the potential for economic and social development of the city or town, which assessment shall be in compliance with policy directives of the Minister issued under section 29, have regard to guidelines issued by the Minister under section 28, or take account of any relevant policies or objectives of the Government, the Minister or any other Minister of the Government, as the case may be.”, (
  29. d)by the insertion of the following new subsection after subsection
(5): “(5A) Where required, a strategic environmental assessment or an appropriate assessment of a draft development plan shall be carried out.”, and (e) by the insertion of the following new subsections after subsection
(8): “
(9)Nothing in this section shall affect the existence or validity of any public right of way.
(10)No objective included in a development plan under this section shall 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 .”. Amendment of section 11 of Principal Act. 8.— Section 11 of the Principal Act is amended— (a) by the insertion of the following subsection after subsection
(1): “(1A) The review of the existing development plan and preparation of a new development plan under this section by the planning authority shall be strategic in nature for the purposes of developing— (
  1. a)the objectives and policies to deliver an overall strategy for the proper planning and sustainable development of the area of the development plan, and (
  2. b)the core strategy, and shall take account of 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.”, (
  3. b)in subsection
(2)by the substitution of the following paragraphs for paragraph (b): “(
  1. b)indicate that submissions or observations regarding objectives and policies to deliver an overall strategy for the proper planning and sustainable development of the area of the development plan may be made in writing to the planning authority within a specified period (which shall not be less than 8 weeks), (
  2. bb)indicate that children, or groups or associations representing the interests of children, are entitled to make submissions or observations under paragraph (b), (
  3. bc)state that the planning authority intends to review the zoning of the area of the development plan for the purposes referred to in subsection (1A)(
  4. a)and (
  5. b)and indicate that requests or proposals for zoning of particular land for any purpose shall not be considered at this stage.”, (
  6. c)in subsection
(4)— (
  1. i)in paragraph (b), by the substitution of the following subparagraph for subparagraph (ii): “(
  2. ii)summarise the issues raised in the submissions and during the consultations, where appropriate, but shall not refer to a submission relating to a request or proposal for zoning of particular land for any purpose.”, (
  3. ii)by the insertion after paragraph (
  4. bb)(inserted by section 83 of the Act of 2008) of the following paragraph: “(
  5. bc)A report under paragraph (
  6. a)shall summarise the issues raised and recommendations made by the relevant regional authority in a report prepared in accordance with section 27A (inserted by section 17 of the Act of 2010) and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the draft development plan.”, (iii) in paragraph (d), by the substitution of “and any such directions shall be strategic in nature, consistent with the draft core strategy, and shall take account of” for “and any such directions must take account of”. Amendment of section 12 of Principal Act. 9.— Section 12 of the Principal Act is amended— (
  7. a)in subsection
(1)(a), by the substitution of “the Board, the relevant regional authority, the prescribed authorities” for “the Board, the prescribed authorities”, (b) in subsection
(4)— (
  1. i)in paragraph (b), by the substitution of the following subparagraph for subparagraph (ii): “(
  2. ii)summarise the following from the submissions or observations made under this section: (I) issues raised by the Minister; and (II) thereafter, issues raised by other bodies or persons,”, (
  3. ii)by the insertion of the following paragraph after paragraph (
  4. bb)(inserted by section 84 of the Act of 2008): “(
  5. bc)A report under paragraph (
  6. a)shall summarise the issues raised and recommendations made by the relevant regional authority in its written submission prepared in accordance with section 27B (inserted by section 18 of the Act of 2010) and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the development plan.”, (
  7. c)by the insertion of the following paragraph after subsection
(5)(a): “(
  1. aa)Following consideration of the draft plan and the report of the manager under paragraph (
  2. a)where a planning authority, after considering a submission of, or observation or recommendation from the Minister made to the authority under this section or from a regional authority made to the authority under section 27B, decides not to comply with any recommendation made in the draft plan and report, it shall so inform the Minister or regional authority, as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.”, (
  3. d)in subsection
(7)— (i) by the substitution of the following for subsection
(7)(a): “(
  1. a)Subject to paragraphs (
  2. aa)and (
  3. ae)in a case where the proposed amendment would, if made, be a material alteration of the draft concerned, the planning authority shall, not later than 3 weeks after the passing of a resolution under subsection
(6), publish notice of the proposed amendment in at least one newspaper circulating in its area and send notice and a copy of the proposed amendment to the Minister, the Board and the prescribed authorities.”, (ii) by the insertion of the following paragraphs after paragraph (a) of subsection
(7): “(
  1. aa)The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material alteration of the draft development plan. (
  2. ab)The manager, not later than 2 weeks after a determination under paragraph (
  3. aa)shall specify such period as he or she considers necessary following the passing of a resolution under subsection
(6)as being required to facilitate an assessment referred to in paragraph (aa). (
  1. ac)The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (
  2. aa)is required, in at least one newspaper circulating in its area. (
  3. ad)The notice referred to in paragraph (
  4. ac)shall state— (
  5. i)that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (
  6. aa)is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and (
  7. ii)that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (
  8. aa)and made to the planning authority within a stated period shall be taken into account by the authority before the development plan is made. (
  9. ae)The planning authority shall carry out an assessment referred to in paragraph (
  10. aa)of the proposed material alteration of the draft development plan within the period specified by the manager.”, (iii) in paragraph (b), by the substitution of “A notice under paragraph (
  11. a)or (
  12. ac)(inserted by section 9 of the Act of 2010)” for “A notice under paragraph (a)”, (
  13. e)in subsection
(10)— (
  1. i)by the substitution of the following paragraph for paragraph (a): “(
  2. a)The members of the authority shall, by resolution, having considered the manager’s report, make the plan with or without the proposed amendment that would, if made, be a material alteration, except that where they decide to accept the amendment they may do so subject to any modifications to the amendments as they consider appropriate, which may include the making of a further modification to the alteration and paragraph (
  3. c)shall apply in relation to any further modification.”; and (
  4. ii)by the insertion of the following paragraph after paragraph (b): “(
  5. c)A further modification to the alteration— (
  6. i)may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site, (
  7. ii)shall not be made where it relates 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.”, and (
  8. f)by the substitution of the following for subsection
(14): “
(14)(
  1. a)Notwithstanding any other provision of this Part, where a planning authority fails to make a development plan within a period referred to in paragraph (b), the manager shall make the plan provided that so much of the plan as had been agreed by the members of the planning authority shall be included as part of the plan as made by the manager. (
  2. b)The period referred to in paragraph (
  3. a)is— (
  4. i)not more than 2 years from the giving of notice under section 11
(1), or (ii) where subsection
(7)(aa) (inserted by section 9 of the Act of 2010) applies— (I) not more than 2 years and 4 weeks, or (II) if appropriate in the circumstances, such longer period than 2 years and 4 weeks as is specified under subsection
(7)(ab) (inserted by section 9 of the Act of 2010) by the manager as being required to facilitate an assessment referred to in subsection
(7)(aa).”. Amendment of section 13 of Principal Act. 10.— Section 13 of the Principal Act is amended— (a) in subsection
(2)(
  1. a)by the substitution of “the Board, the relevant regional authority, and, where appropriate,” for “the Board and, where appropriate”, (
  2. b)in subsection
(4)— (
  1. i)in paragraph (b), by the substitution of the following subparagraph for subparagraph (ii): “(
  2. ii)summarise the following from the submissions or observations made under this section: (I) issues raised by the Minister, and (II) thereafter, issues raised by other bodies or persons,”, (
  3. ii)by the insertion of the following paragraph after paragraph (
  4. bb)(inserted by section 85 of the Act of 2008): “(
  5. bc)A report under paragraph (
  6. a)shall summarise the issues raised and recommendations made by the relevant regional authority in its written submission prepared in accordance with section 27C (inserted by section 19 of the Act of 2010) and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the development plan.”, (
  7. c)by the insertion of the following paragraph after subsection
(5)(a): “(
  1. aa)Following consideration of the proposed variation and the report of the manager under paragraph (
  2. a)where a planning authority, after considering a submission of, or observation or recommendation from the Minister made to the authority under this section or from a regional authority made to the authority under section 27C, decides not to comply with any recommendation made in the proposed variation and report, it shall so inform the Minister or regional authority, as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.”, (
  3. d)in subsection
(6)— (
  1. i)by the substitution of the following paragraphs for paragraph (a): “(
  2. a)Subject to paragraphs (
  3. aa)and (ae), the members of the authority, having considered the proposed variation and manager’s report may, as they consider appropriate, by resolution, make the variation which would, if made, be a material alteration, with or without further modification or they may refuse to make it and paragraph (
  4. c)shall apply in relation to any further modification. (
  5. aa)The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed modification that would, if made, be a material alteration of the variation of the development plan. (
  6. ab)The manager shall, not later than 2 weeks after a determination under paragraph (aa), specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph (aa). (
  7. ac)The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (
  8. aa)is required, in at least one newspaper circulating in its area. (
  9. ad)The notice referred to in paragraph (
  10. ac)shall state— (
  11. i)that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (
  12. aa)is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and (
  13. ii)that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (
  14. aa)and made to the planning authority within a stated period shall be taken into account by the authority before the variation of the development plan is made. (
  15. ae)The planning authority shall carry out an assessment referred to in paragraph (
  16. aa)of the proposed material alteration of the draft development plan within the period specified by the manager.”, and (
  17. ii)by the insertion of the following paragraph after paragraph (b): “(
  18. c)A further modification to the variation— (
  19. i)may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site, (
  20. ii)shall not be made where it refers 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.”, (
  21. e)in subsection 8(c), by the substitution of “the Board, the relevant regional authority and,” for “the Board and”, (
  22. f)by the insertion of the following new subsection after subsection
(12): “
(13)An appropriate assessment of a draft variation of a development plan shall be carried out in accordance with Part XAB.”. Amendment of section 18 of Principal Act. 11.— Section 18 of the Principal Act is amended— (a) in subsection
(1), by the substitution of “Subject to section 19(2B) (inserted by section 12 of the Act of 2010) a planning authority may at any time” for “A planning authority may at any time”, and (b) in subsection
(5), by the substitution of “Subject to section 19(2B) (inserted by section 12 of the Act of 2010) a planning authority may at any time” for “A planning authority may at any time”. Amendment of section 19 of Principal Act. 12.— Section 19 of the Principal Act is amended— (a) in subsection
(1)— (
  1. i)by the substitution, in paragraph (b)(
  2. ii)of “5,000” for “2,000”, (
  3. ii)by the insertion of the following paragraph after paragraph (b): “(
  4. bb)Notwithstanding paragraph (b), a local area plan shall be made in respect of a town with a population that exceeded 1,500 persons (in the census of population most recently published before a planning authority makes its decision under subparagraph (i)) except where— (
  5. i)the planning authority decides to indicate objectives for the area of the town in its development plan under section 10
(2), or (ii) a local area plan has already been made in respect of the area of the town or objectives for that area have already been indicated in the development plan under section 10
(2).”, and (iii) by the substitution of the following paragraphs for paragraph (c): “(
  1. c)Subject to paragraphs (
  2. d)and (e), notwithstanding section 18
(5), a planning authority shall send a notice under section 20
(3)(a)(i) of a proposal to make, amend or revoke a local area plan and publish a notice of the proposal under section 20
(3)(a)(
  1. ii)at least every 6 years after the making of the previous local area plan. (
  2. d)Subject to paragraph (e), not more than 5 years after the making of the previous local area plan, a planning authority may, as they consider appropriate, by resolution defer the sending of a notice under section 20
(3)(a)(i) and publishing a notice under section 20
(3)(a)(
  1. ii)for a further period not exceeding 5 years. (
  2. e)No resolution shall be passed by the planning authority until such time as the members of the authority have: (
  3. i)notified the manager of the decision of the authority to defer the sending and publishing of the notices, giving reasons therefor, and (
  4. ii)sought and obtained from the manager— (I) an opinion that the local area plan remains consistent with the objectives and core strategy of the relevant development plan, (II) an opinion that the objectives of the local area plan have not been substantially secured, and (III) confirmation that the sending and publishing of the notices may be deferred and the period for which they may be deferred. (
  5. f)Notification of a resolution under paragraph (
  6. d)shall be published by the planning authority in a newspaper circulating in the area of the local area plan not later than 2 weeks after the resolution is passed and notice of the resolution shall be made available for inspection by members of the public during office hours of the planning authority and made available in electronic form including by placing the notice on the authority’s website.”, (
  7. b)in subsection
(2)(amended by section 8 of the Act of 2002)— (
  1. i)by the insertion of “, its core strategy, and any regional planning guidelines that apply to the area of the plan” after “objectives of the development plan”, and (
  2. ii)by the insertion in paragraph (
  3. b)of “the objective of development of land on a phased basis and,” after “the area to which it applies, including”, (
  4. c)by the insertion of the following subsection after subsection (2A) (inserted by section 86 of the Act of 2008): “(2B) Where any objective of a local area plan is no longer consistent with the objectives of a development plan for the area, the planning authority shall as soon as may be (and in any event not later than one year following the making of the development plan) amend the local area plan so that its objectives are consistent with the objectives of the development plan.”, and (
  5. d)by the insertion of the following subsections after subsection
(4)(inserted by Regulation 6 of the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004): “
(5)An appropriate assessment of a draft local area plan shall be carried out in accordance with Part XAB.
(6)There shall be no presumption in law that any land zoned in a particular local area plan shall remain so zoned in any subsequent local area plan.”. Amendment of section 20 of Principal Act. 13.— Section 20 of the Principal Act is amended— (a) in subsection
(1)by the substitution of “consult the Minister and the public before” for “consult the public before”, (b) in subsection
(3)(amended by section 9 of the Act of 2002): (
  1. i)in paragraph (a)(
  2. i)by the substitution of “plan to the Minister, the Board” for “plan to the Board”, (
  3. ii)in paragraph (b), by the insertion of the following subparagraph after subparagraph (iii): “(
  4. iv)that children, or groups or associations representing the interests of children, are entitled to make submissions or observations under subparagraph (iii).”, (iii) by the substitution of the following for subparagraph (I) of paragraph (d)(ii): “(I) subject to paragraphs (
  5. e)to (r), decides to make or amend the plan otherwise than as recommended in the manager’s report, or”, and (
  6. iv)by the substitution of the following for paragraphs (e), (f), (g), (
  7. h)and (i): “(
  8. e)Where, following consideration of the manager’s report, it appears to the members of the authority that the draft local area plan should be altered, and the proposed alteration would, if made be a material alteration of the draft local area plan concerned, subject to paragraphs (
  9. f)and (j), the planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (d)(
  10. ii)(inserted by section 9 of the Act of 2002), publish notice of the proposed material alteration in one or more newspapers circulating in its area, and send notice of the proposed material alteration to the Minister, the Board and the prescribed authorities (enclosing where the authority considers it appropriate a copy of the proposed material alteration). (
  11. f)The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material alteration of the draft local area plan. (
  12. g)The manager shall, not later than 2 weeks after a determination under paragraph (
  13. f)specify such period as he or she considers necessary following the passing of a resolution under paragraph (d)(
  14. ii)as being required to facilitate an assessment referred to in paragraph (f). (
  15. h)The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (
  16. f)is required, in at least one newspaper circulating in its area. (
  17. i)The planning authority shall cause an assessment referred to in paragraph (
  18. f)to be carried out of the proposed alteration of the local area plan within the period specified by the manager. (
  19. j)A notice under paragraph (
  20. e)or (
  21. h)as the case may be shall state that— (
  22. i)a copy of the proposed material alteration of the draft local area plan may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and (
  23. ii)written submissions or observations with respect to the proposed material alteration of the draft local area plan may be made to the planning authority within the stated period and shall be taken into consideration before the making of any material alteration. (
  24. k)Not later than 8 weeks after publishing a notice under paragraph (
  25. e)or (
  26. h)as the case may be, or such period as may be specified by the manager under paragraph (g), the manager shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and submit the report to the members of the authority for their consideration. (
  27. l)A report under paragraph (
  28. k)shall— (
  29. i)list the persons who made submissions or observations under paragraph (j)(ii), (
  30. ii)summarise the issues raised by the persons in the submissions or observations, (iii) contain the opinion of the manager in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration to the draft local area plan, including any change to the proposed material alteration as he or she considers appropriate, 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. (
  31. m)The members of the authority shall consider the proposed material alteration of the draft local area plan and the report of the manager under paragraph (k). (
  32. n)Following consideration of the manager’s report under paragraph (m), the local area plan shall be made or amended as appropriate by the planning authority by resolution no later than a period of 6 weeks after the report has been furnished to all the members of the authority with all, some or none of the material alterations as published in accordance with paragraph (
  33. e)or (
  34. h)as the case may be. (
  35. o)Where the planning authority decides to make or amend the local area plan or change the material alteration of the plan by resolution as provided in paragraph (n)— (
  36. i)paragraph (
  37. p)shall apply in relation to the making of the resolution, and (
  38. ii)paragraph (
  39. q)shall apply in relation to any change to the material alteration proposed. (
  40. p)It shall be necessary for the passing of the resolution referred to in paragraph (
  41. n)that it shall be passed by not less than half of the members of the planning authority and the requirements of this paragraph are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution. (
  42. q)A further modification to the material alteration— (
  43. i)may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site, (
  44. ii)shall not be made where it refers 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. (
  45. r)When performing their functions under this subsection, the members of the planning authority shall be restricted to considering 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.”, and (
  46. c)by the insertion of the following subsection after subsection
(4): “(4A) A local area plan made under this section shall have effect 4 weeks from the day that it is made.”. Amendment of section 23 of Principal Act. 14.— Section 23 of the Principal Act is amended— (a) in subsection
(1)by the substitution of the following paragraph for paragraph (a): “
(1)(
  1. a)The objective of regional planning guidelines shall be to support the implementation of the National Spatial Strategy by providing a long-term strategic planning framework for the development of the region for which the guidelines are prepared which shall be consistent with the National Spatial Strategy.”, (
  2. b)in subsection
(2)— (
  1. i)by the substitution of the following paragraph for paragraph (a): “(
  2. a)any policies or objectives for the time being of the Government or any Minister for the Government, or any policies contained in the National Spatial Strategy in relation to national and regional population targets;”, and (
  3. ii)by the substitution of the following paragraphs for paragraph (j): “(
  4. j)landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000; (
  5. k)the promotion of sustainable settlement and transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change; (
  6. l)such other matters as may be prescribed.”, and (
  7. c)by the insertion of the following subsection after subsection
(3): “(3A) An appropriate assessment of draft regional planning guidelines shall be carried out in accordance with Part XAB.”. Amendment of section 24 of Principal Act. 15.— Section 24 of the Principal Act is amended by the substitution of the following subsections for subsection
(6): “
(6)(
  1. a)Subject to paragraphs (
  2. b)and (e), following consideration of submissions or observations under subsection
(5), and subject to section 25, the regional authority shall, subject to any amendments that it considers necessary, make the regional planning guidelines. (
  1. b)The regional authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material amendment of the draft regional planning guidelines. (
  2. c)The director of the regional authority, not later than 2 weeks after a determination under paragraph (
  3. b)shall specify such period as he or she considers necessary as being required to facilitate an assessment referred to in paragraph (b). (
  4. d)The regional authority shall publish notice of any proposed material amendment, and where appropriate in the circumstances, the making of a determination that a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required, in at least one newspaper circulating in its area. (
  5. e)The notice referred to in paragraph (
  6. d)shall state— (
  7. i)that a copy of any proposed material amendment and of any determination by the authority that an assessment referred to in paragraph (
  8. b)is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and (
  9. ii)that written submissions or observations with respect to the proposed material amendment or an assessment referred to in paragraph (
  10. b)and made to the regional authority within a stated period shall be taken into account by the authority before the regional planning guidelines are adopted. (
  11. f)The regional authority shall carry out an assessment referred to in paragraph (
  12. b)of the proposed material amendment of the draft regional planning guidelines within the period specified by the director of the regional authority. (6A) Following the consideration of submissions or observations under subsection
(6), and subject to section 25, the regional authority shall make the regional planning guidelines with or without the proposed material amendments, subject to any minor modifications considered necessary. (6B) A minor modification referred to in subsection (6A) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site.”. Amendment of section 27 of Principal Act. 16.— Section 27 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection
(1): “
(1)A planning authority shall ensure, when making a development plan or a local area plan, that the plan is consistent with any regional planning guidelines in force for its area.”, and (b) by the insertion of the following subsection after subsection
(5): “
(6)The Minister may make regulations concerning matters of procedure and administration to be adopted by a regional authority in the performance of its functions relating to the preparation of a draft development plan, making of a development plan or variation of a development plan, as the case may be.”. Report of regional authority for preparation of draft development plan. 17.— The Principal Act is amended by the insertion of the following section after section 27: “27A.—
(1)Where a regional authority receives a notice from a planning authority under section 11
(1)it shall prepare submissions or observations for the purposes of section 11
(2).
(2)Submissions or observations made by a regional authority under section 11
(2)shall contain a report on matters that, in the opinion of the regional authority, require consideration by the planning authority concerned in making the development plan.
(3)The submissions or observations and report of the regional authority shall include, but shall not be limited to, recommendations regarding each of the following matters as respects the area to which the development plan relates: (
  1. a)any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets, and the best distribution of residential development and related employment development with a view to— (
  2. i)promoting consistency as far as possible, between housing, settlement and economic objectives in the draft development plan and core strategy and the regional planning guidelines, and (
  3. ii)assisting in drafting the core strategy of the draft development plan; (
  4. b)the objectives of providing physical, economic or social infrastructure in a manner that promotes balanced regional development; (
  5. c)planning for the best use of land having regard to location, scale and density of new development to benefit from investment of public funds in transport infrastructure and public transport services; and (
  6. d)collaboration between the planning authority and the regional authority in respect of integrated planning for transport and land use, in particular in relation to large scale developments and the promotion of sustainable transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change.
(4)One or more regional authorities, who have been directed by the Minister to make regional planning guidelines for the purpose of section 21
(3)in relation to a combined area of the regional authorities or in respect of any particular part or parts of the area which lie within the area of those regional authorities, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.”. Role of regional authority in making of development plan. 18.— The Principal Act is amended by the insertion of the following section after section 27A (inserted by section 17 ): “27B.—
(1)Where a regional authority receives a notice from a planning authority under section 12
(1)it shall prepare submissions and observations for the purposes of section 12
(2).
(2)Submissions or observations made by the regional authority under subsection
(1)shall contain a report which shall state whether, in the opinion of that authority, the draft development plan, and, in particular, its core strategy, are consistent with the regional planning guidelines in force for the area of the development plan.
(3)Where the opinion of the regional authority stated in the submissions or observations made and the report issued is that the draft development plan and its core strategy are not consistent with the regional planning guidelines, the submissions, observations and report shall include recommendations as to what amendments, in the opinion of the regional authority, are required in order to ensure that the draft development plan and its core strategy are so consistent.
(4)The regional authority shall send a copy of the submission or observations and the report to the Minister.
(5)One or more regional authorities, who have been directed by the Minister to make regional planning guidelines for the purpose of section 21
(3)in relation to a combined area of the regional authorities or in respect of any particular part or parts of the area which lie within the area of those regional authorities, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.”. Role of regional authority in variation of development plan. 19.— The Principal Act is amended by the insertion of the following section after section 27B (inserted by section 18 ): “27C.—
(1)Where a regional authority receives a notice from a planning authority under section 13
(1)it shall prepare submissions and observations for the purposes of section 13
(2).
(2)Submissions or observations made by the regional authority under subsection
(1)shall contain a report which shall state whether, in the opinion of that authority, the draft variation of the development plan, and, in particular, its core strategy, are consistent with the regional planning guidelines in force for the area of the development plan.
(3)Where the opinion of the regional authority stated in the submissions or observations made and the report issued is that the proposed variation of the development plan and its core strategy are not consistent with the regional planning guidelines, the submissions and observations and report shall include recommendations as to what amendments, in the opinion of the regional authority, are required in order to ensure that the proposed variation to the development plan and its core strategy are so consistent.
(4)The regional authority shall send a copy of the report to the Minister.
(5)One or more regional authorities, who have been directed by the Minister to make regional planning guidelines for the purpose of section 21
(3)in relation to a combined area of the regional authorities or in respect of any particular part or parts of the area which lie within the area of those regional authorities, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.”. Amendment of section 28 of Principal Act. 20.— Section 28 of the Principal Act is amended by the insertion of the following subsections after subsection
(1): “(1A) Without prejudice to the generality of subsection
(1)and for the purposes of that subsection a planning authority in having regard to the guidelines issued by the Minister under that subsection, shall— (
  1. a)consider the policies and objectives of the Minister contained in the guidelines when preparing and making the draft development plan and the development plan, and (
  2. b)append a statement to the draft development plan and the development plan which shall include the information referred to in subsection (1B). (1B) The statement which the planning authority shall append to the draft development plan and the development plan under subsection (1A) shall include information which demonstrates— (
  3. a)how the planning authority has implemented the policies and objectives of the Minister contained in the guidelines when considering their application to the area or part of the area of the draft development plan and the development plan, or (
  4. b)if applicable, that the planning authority has formed the opinion that it is not possible, because of the nature and characteristics of the area or part of the area of the development plan, to implement certain policies and objectives of the Minister contained in the guidelines when considering the application of those policies in the area or part of the area of the draft development plan or the development plan and shall give reasons for the forming of the opinion and why the policies and objectives of the Minister have not been so implemented.”. Ministerial directions regarding development plans, variation of development plans and local area plans. 21.— The Principal Act is amended by the substitution of the following section for section 31: “31.—
(1)Where the Minister is of the opinion that— (
  1. a)a planning authority, in making a development plan, a variation of a development plan, or a local area plan (in this section referred to as a ‘plan’) has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the planning authority under section 12, 13 or 20, (
  2. b)in the case of a plan, the plan fails to set out an overall strategy for the proper planning and sustainable development of the area, (
  3. c)the plan is not in compliance with the requirements of this Act, or (
  4. d)if applicable, having received a submission prepared under section 31C or 31D (inserted by section 95 of the Act of 2008) that a plan of a planning authority in the Greater Dublin Area (GDA) is not consistent with the transport strategy of the National Transport Authority, the Minister may in accordance with this section, for stated reasons, direct a planning authority to take such specified measures as he or she may require in relation to that plan.
(2)Where the Minister issues a direction under this section the planning authority, notwithstanding anything contained in Chapter I or II of this Part, shall comply with that direction and the Manager or elected members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.
(3)Before he or she issues a direction under this section, the Minister shall issue a notice in writing to a planning authority no later than 4 weeks after a plan is made.
(4)The notice referred to in subsection
(3)shall, for stated reasons, inform the planning authority of— (a) the forming of the opinion referred to in subsection
(1), (
  1. b)the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the planning authority to take certain measures specified in the notice in order to ensure that the plan is in compliance with the requirements of this Act and, in the case of a plan, sets out an overall strategy for the proper planning and sustainable development of the area, (
  2. c)those parts of the plan that by virtue of the issuing of the notice under this subsection shall be taken not to have come into effect, been made or amended under subsection
(6), and (d) if applicable, requiring the planning authority to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the Dublin Transport Authority.
(5)The Minister shall furnish a copy of the notice referred to in subsection
(3)to the manager and Cathaoirleach of the planning authority, where there are regional planning guidelines in force for the area of the planning authority, to the regional planning authority concerned and, where relevant, to the Dublin Transport Authority.
(6)(a) Notwithstanding section 12
(17), 13
(11)or 20(4A), a plan shall not have effect in accordance with those sections in relation to a matter contained in the plan which is referred to in a notice under subsection
(3). (b) If a part of a plan proposed to be replaced under section 12, 13 or 20 contains a matter that corresponds to any matter contained in that plan which is referred to in a notice under subsection
(3), that part shall not, save where subsection
(17)applies, cease to have effect in respect of that matter.
(7)No later than 2 weeks after receipt of the notice issued by the Minister under subsection
(3), the manager of the planning authority shall publish notice of the draft direction in at least one newspaper circulating in the area of the development plan or local area plan, as the case may be, which shall state— (
  1. a)the reasons for the draft direction, (
  2. b)that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and (
  3. c)that written submissions or observations in respect of the draft direction may be made to the planning authority during such period and shall be taken into consideration by the Minister before he or she directs the planning authority pursuant to this section.
(8)No later than 4 weeks after the expiry of the period referred to in subsection
(7)(b), the manager shall prepare a report on any submissions or observations received under subsection
(7)(c) which shall be furnished to the Minister and the elected members of the planning authority.
(9)The report referred to in subsection
(8)shall— (
  1. a)summarise the views of any person who made submissions or observations to the planning authority, (
  2. b)summarise the views of and recommendations (if any) made by the elected members of the planning authority, (
  3. c)summarise the views of and recommendations (if any) made by the regional authority, (
  4. d)make recommendations in relation to the best manner in which to give effect to the draft direction.
(10)The elected members of the planning authority may make a submission to the Minister in relation to the notice issued by him or her under subsection
(3)at any time up to the expiry of the period of time referred to in subsection
(7)(b).
(11)The Minister shall consider the report furnished under subsection
(8)and any submissions made to him or her under subsection
(10)and— (a) where he or she believes that no material amendment to the draft direction is required, or that further investigation is not necessary in order to clarify any aspect of the report or submissions, he or she may decide, no later than 3 weeks after the date of receipt of the report under subsection
(8), for stated reasons— (i) to issue the direction referred to in subsection
(4)(
  1. b)with or without minor amendments, or (
  2. ii)not to issue the direction referred to in subsection
(4)(b), or (
  1. b)where he or she believes that— (
  2. i)a material amendment to the draft direction may be required, or (
  3. ii)further investigation is necessary in order to clarify any aspect of the report furnished under subsection
(8)or submissions made under subsection
(10), or (iii) it is necessary for any other reason, he or she may, for stated reasons, appoint an inspector no later than 3 weeks after the date of receipt of the report under subsection
(8).
(12)The inspector appointed under subsection
(11)(b) shall be a person who, in the opinion of the Minister, has satisfactory experience and competence to perform the functions required of him or her pursuant to this section and shall be independent in the performance of his or her functions.
(13)The inspector appointed under subsection
(11)(
  1. b)having regard to the stated reasons for his or her appointment— (
  2. a)shall review the draft direction, the report furnished under subsection
(8)and submissions made under subsection
(10), (
  1. b)shall consult with the manager and elected members of the planning authority, (
  2. c)may consult with the regional authority and persons who made submissions under subsection
(7)(c), and (d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Minister.
(14)Copies of the report of the inspector referred to in subsection
(13)(d) shall be furnished as quickly as possible by the Minister to the manager and elected members of the planning authority, the regional authority and persons who made submissions under subsection
(7)(c).
(15)The persons who have been furnished with the report of the inspector referred to in subsection
(13)(d) may make a submission to the Minister in relation to any matter referred to in the report no later than 10 days after the receipt by them of the report.
(16)No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Minister may direct) after receipt of the report of the inspector referred to in subsection
(13)(d), or any submissions made to him or her under subsection
(15), the Minister, having considered the report, recommendations or submissions, as the case may be, shall decide for stated reasons— (a) to issue the direction referred to in subsection
(4)(b), (b) not to issue the direction referred to in subsection
(4)(b), or (c) to issue the direction referred to in subsection
(4)(b), which has been amended by the Minister to take account of any of the matters referred to in subparagraphs (
  1. i)or (
  2. ii)as the Minister considers appropriate: (
  3. i)recommendations contained in the report of the inspector referred to in subsection
(13)(d); or (ii) any submissions made pursuant to subsection
(15).
(17)The direction issued by the Minister under subsection
(16)is deemed to have immediate effect and its terms are considered to be incorporated into the plan, or, if appropriate, to constitute the plan.
(18)The Minister shall cause a copy of a direction issued under subsection
(16)to be laid before each House of the Oireachtas.
(19)As soon as may be after a direction is issued to a planning authority under subsection
(16), the planning authority shall make the direction so issued available for inspection by members of the public, during office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the authority’s website or otherwise in electronic form.
(20)The Minister shall publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection
(16).”. Amendment of section 31A of Principal Act. 22.— The Principal Act is amended by the substitution of the following for section 31A (inserted by section 93 of the Act of 2008): “31A.—
(1)Where the Minister is of the opinion that— (
  1. a)a regional authority, or authorities, as the case may be, in making the regional planning guidelines has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the regional authority or authorities under section 24 or 26, (
  2. b)the regional planning guidelines fail to provide a long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which they are made, in accordance with the principles of proper planning and sustainable development, (
  3. c)the regional planning guidelines are not in compliance with the requirements of this Act, or (
  4. d)if applicable, in relation to a regional authority or authorities whose regional area or part thereof is in the Greater Dublin Area (GDA) that the guidelines are not consistent with the transport strategy of the National Transport Authority, the Minister may, in accordance with this section, for stated reasons direct a regional authority or authorities, as the case may be, to take such specified measures as he or she may require in relation to that plan.
(2)Where the Minister issues a direction under this section the regional authority or regional authorities, as the case may be, notwithstanding anything contained in Chapter III of this Part, shall comply with that direction and the Manager or members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.
(3)Before he or she issues a direction under this section, the Minister shall issue a notice in writing to a regional authority or regional authorities, as the case may be, no later than 4 weeks after the guidelines are made.
(4)The notice referred to in subsection
(3)shall, for stated reasons, inform the regional authority or regional authorities, as the case may be, of— (a) the forming of the opinion referred to in subsection
(1), (
  1. b)the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the regional authority, or authorities, as the case may be, to take certain measures specified in the notice in order to ensure that the regional planning guidelines are in compliance with the requirements of this Act and to provide a long-term strategic planning framework for the development of the region, or regions, as the case may be, in accordance with the principles of proper planning and sustainable development, (
  2. c)the part of the regional planning guidelines that by virtue of the issuing of the notice shall be taken not to have come into effect, and (
  3. d)if applicable, requiring the regional authority or authorities, as the case may be, to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the National Transport Authority.
(5)The Minister shall furnish a copy of the notice referred to in subsection
(3)to the regional authority, or authorities, as the case may be, and the National Transport Authority.
(6)(a) Notwithstanding anything contained in Chapter III, or any matter prescribed thereunder, regional planning guidelines shall not have effect in accordance with that Chapter in relation to a matter contained in the guidelines which is referred to in a notice under subsection
(3). (b) If a part of guidelines proposed to be replaced under section 26 contains a matter that corresponds to any matter contained in those guidelines which are referred to in a notice under subsection
(3), that part shall not, save where subsection
(17)applies, cease to have effect in respect of that matter.
(7)No later than 2 weeks after receipt of the notice issued by the Minister under subsection
(3), the director of the regional authority, or authorities, as the case may be, shall publish notice of the draft direction in at least one newspaper circulating in the area of the regional authority, or authorities, as the case may be, which shall state— (
  1. a)the reasons for the draft direction, (
  2. b)that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and (
  3. c)that written submissions or observations in respect of the draft direction may be made to the regional authority, or authorities, as the case may be, during such period and shall be taken into consideration by the Minister before he or she directs the regional authority, or authorities, as the case may be, pursuant to this section.
(8)No later than 4 weeks after the expiry of the period referred to in subsection
(7)(b), the director shall prepare a report on any submissions or observations received under subsection
(7)(c) which shall be furnished to the Minister and the members of the regional authority, or authorities, as the case may be.
(9)The report referred to in subsection
(8)shall— (
  1. a)summarise the views of any person who made submissions or observations to the regional authority, or authorities, as the case may be, (
  2. b)summarise the views of and recommendations (if any) made by the members of the regional authority, or authorities, as the case may be, (
  3. c)make recommendations in relation to the best manner in which to give effect to the draft direction.
(10)The members of the regional authority, or authorities, as the case may be, may make a submission to the Minister in relation to the notice issued by him or her under subsection
(3)at any time up to the expiry of the period of time referred to in subsection
(7)(b).
(11)The Minister shall consider the report furnished under subsection
(8)and any submissions made to him or her under subsection
(10)and— (a) where he or she believes that no material amendment to the draft direction is required, or that further investigation is not necessary in order to clarify any aspect of the report or submissions, he or she may decide, no later than 3 weeks after the date of receipt of the report under subsection
(8), for stated reasons— (i) to issue the direction referred to in subsection
(4)(
  1. b)with or without minor amendments, or (
  2. ii)not to issue the direction referred to in subsection
(4)(b), or (
  1. b)where he or she believes that— (
  2. i)a material amendment to the draft direction may be required, or (
  3. ii)further investigation is necessary in order to clarify any aspect of the report furnished under subsection
(8)or submissions made under subsection
(10), or (iii) it is necessary for any other reason, he or she may, for stated reasons, appoint an inspector no later than 3 weeks after the date of receipt of the report under subsection
(8).
(12)The inspector appointed under subsection
(11)(b) shall be a person who, in the opinion of the Minister, has satisfactory experience and competence to perform the functions required of him or her pursuant to this section and shall be independent in the performance of his or her functions.
(13)The inspector appointed under subsection
(11)(
  1. b)having regard to the stated reasons for his or her appointment— (
  2. a)shall review the draft direction, the report furnished under subsection
(8)and submissions made under subsection
(10), (
  1. b)shall consult with the regional authority, or authorities, as the case may be, (
  2. c)may consult with persons who made submissions under subsection
(7)(c), and (d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Minister.
(14)Copies of the report of the inspector referred to in subsection
(13)(d) shall be furnished as quickly as possible by the Minister to the regional authority, or authorities, as the case may be, and persons who made submissions under subsection
(7)(c).
(15)The persons who have been furnished with the report of the inspector referred to in subsection
(13)(d) may make a submission to the Minister in relation to any matter referred to in the report no later than 10 days after the receipt by them of the report.
(16)No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Minister may direct) after receipt of the report of the inspector referred to in subsection
(13)(d), or any submissions made to him or her under subsection
(15), the Minister, having considered the report, recommendations or submissions, as the case may be, shall decide for stated reasons— (a) to issue the direction referred to in subsection
(4)(b), (b) not to issue the direction referred to in subsection
(4)(b), or (c) to issue the direction referred to in subsection
(4)(b), which has been amended by the Minister to take account of any of the matters referred to in subparagraphs (
  1. i)or (
  2. ii)as the Minister considers appropriate: (
  3. i)recommendations contained in the report of the inspector referred to in subsection
(13)(d); or (ii) any submissions made pursuant to subsection
(15).
(17)The direction issued by the Minister under subsection
(16)is deemed to have immediate effect and its terms are considered to be incorporated into the regional planning guidelines, or, if appropriate, to constitute the guidelines.
(18)The Minister shall cause a copy of a direction issued under subsection
(16)to be laid before each House of the Oireachtas.
(19)As soon as may be after a direction is issued to a Regional authority or authorities, as the case may be, the authority or authorities shall make the direction so issued available for inspection by members of the public, during office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the authority’s website or otherwise in electronic form.
(20)The Minister shall publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection
(16).”. Amendment of section 34 of Principal Act. 23.— Section 34 of the Principal Act is amended— (a) in subsection
(6)— (
  1. i)by the substitution of “concerned would contravene materially the development plan or local area plan” for “concerned would contravene materially the development plan”, (
  2. ii)by the substitution of the following for subparagraph (ii): “(
  3. ii)copies of the notice shall be given to each of the following— (I) the applicant, (II) a prescribed body which has been notified of the application by the planning authority, and (III) any person who has made a submission or observation in writing in relation to the development to which the application relates,”, (iii) in subparagraph (iii) by the substitution of “authority” for “authority, and”, and (
  4. iv)by the insertion of the following subparagraph after subparagraph (iii): “(iiia) not later than 6 weeks from the publication of the notice under subparagraph (i), the manager shall prepare a report for the planning authority advising the authority of his or her opinion regarding the compliance or otherwise of the proposed development under any relevant Ministerial guidelines under section 28 or any relevant policies or objectives of the Government or Minister of the Government or with any regional planning guidelines and the report shall be considered by the authority before a resolution is passed under subparagraph (iv), and”, (
  5. b)in subsection
(8)— (
  1. i)by the substitution of the following for paragraphs (
  2. b)and (c): “(
  3. b)Where a planning authority, within 8 weeks of the receipt of a planning application, serves notice in accordance with the permission regulations requiring the applicant to give to the authority further information or to produce evidence in respect of the application, the authority shall make its decision on the application as follows: (
  4. i)within 4 weeks of the notice being complied with, or (
  5. ii)if in relation to further information given or evidence produced in compliance with the notice, the planning authority— (I) considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and (II) gives notice accordingly to the applicant, within 4 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority. (
  6. c)Where, in the case of a planning application accompanied by an environmental impact statement or a Natura impact statement, a planning authority serves a notice referred to in paragraph (b), the authority shall make its decision as follows: (
  7. i)within 8 weeks of the notice being complied with, or (
  8. ii)if in relation to further information given or evidence produced in compliance with the notice, the planning authority— (I) considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and (II) gives notice accordingly to the applicant, within 8 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority,”, and (
  9. ii)by the substitution of the following for paragraph (f): “(
  10. f)(
  11. i)Where a planning authority has failed to make a decision in relation to an application within the period specified in paragraph (a), (b), (c), (
  12. d)or (
  13. e)as appropriate (referred to in this paragraph as the ‘first period’) and becomes aware, whether through notification by the applicant or otherwise, that it has so failed, the authority shall proceed to make the decision notwithstanding that the first period has expired. (
  14. ii)Where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant. (iii) Where a planning authority fails to make a decision within a period of 12 weeks after the expiry of the first period a decision (referred to in this paragraph as the ‘deemed decision’) of the planning authority to grant the permission shall be regarded as having been given on the last day of that period of 12 weeks. (
  15. iv)Any person, who has made submissions or observations in writing in relation to the planning application to the planning authority, may at any time within the period of 4 weeks after the expiry of the period of 12 weeks referred to in subparagraph (iii), appeal the deemed decision. (
  16. v)Subparagraphs (
  17. i)to (
  18. iv)shall not apply where there is a requirement under Part X or Part XAB to carry out an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment, in respect of the development relating to which the authority has failed to make a decision. (
  19. vi)Where the planning authority has failed to make a decision in relation to development where an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment is required within the first period and becomes aware, whether through notification by the applicant or otherwise, that it has so failed— (I) the authority shall proceed to make the decision notwithstanding that the first period has expired, (II) where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant, (III) provided that no notice under paragraph (
  20. b)or (
  21. c)was served on the applicant prior to the expiry of the first period, where a planning authority proceeds to make a decision under clause (I) in relation to an application, it may serve notice on the applicant, requiring the applicant to give to the authority further information or to produce evidence in respect of the application under paragraph (
  22. b)or (c), and paragraph (
  23. b)or (
  24. c)shall apply to such notice subject to any necessary modifications, (IV) subject to service of a notice under paragraph (
  25. b)or (
  26. c)in accordance with clause (III), where a planning authority fails to make a decision before the expiry of the period of 12 weeks beginning on the day immediately after the day on which the first period expires, the authority shall, subject to clause (V), pay the appropriate sum to the applicant, and shall pay a further such sum to the applicant where it fails to make a decision before the expiry of each subsequent period of 12 weeks beginning immediately after the preceding 12 week period, (V) not more than 5 payments of the appropriate sum shall be made by a planning authority to an applicant in respect of the failure by the authority to make a decision in relation to an application, (VI) where a planning authority makes a decision in relation to an application more than one year after the expiration of the first period the authority, before making the decision— (A) notwithstanding that notice has been previously published in relation to the application, shall require the applicant to publish additional such notice concerning the planning application in accordance with the permission regulations (and the planning authority shall refund the costs of so publishing to the applicant), (B) notwithstanding that notice of the application has previously been given to prescribed bodies, shall give additional such notice in accordance with the permission regulations, and (C) notwithstanding anything contained in paragraph (
  27. b)or (c), or that the authority has previously been given further information or evidence under those paragraphs may require the applicant to give to the authority further information or to produce evidence in respect of the application as the authority requires and paragraph (
  28. b)or (c), as appropriate, shall apply to such additional request subject to any necessary modifications, and the planning authority shall consider any submissions made in accordance with the Regulations following on such additional notices, or additional further information or evidence produced under this clause. (vii) Any payment or refund due to be paid under this paragraph shall be paid as soon as may be and in any event not later than 4 weeks after it becomes due. (viii) In this paragraph, ‘ appropriate sum ’ means a sum which is equal to the lesser amount of 3 times the prescribed fee paid by the applicant to the planning authority in respect of his or her application for permission or €10,000.”, (
  29. c)by the substitution of the following subsections for subsection
(12): “
(12)A planning authority shall refuse to consider an application to retain unauthorised development of land where the authority decides that if an application for permission had been made in respect of the development concerned before it was commenced the application would have required that one or more than one of the following was carried out— (a) an environmental impact assessment, (b) a determination as to whether an environmental impact assessment is required, or (c) an appropriate assessment. (12A) For the purposes of subsection
(12), if an application for permission had been made in respect of the following development before it was commenced, the application shall be deemed not to have required a determination referred to at subsection
(12)(b): (
  1. a)development within the curtilage of a dwelling house, for any purpose incidental to the enjoyment of the dwelling house as a dwelling house; (
  2. b)modifications to the exterior of a building. (12B) Where a planning authority refuses to consider an application for permission under subsection
(12)it shall 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. (12C) Subject to subsections
(12)and (12A), an application for development of land in accordance with the permission regulations may be made for the retention of unauthorised development, and this section shall apply to such an application, subject to any necessary modifications.”. Amendment of section 35 of Principal Act. 24.— Section 35 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection
(1): “
(1)Where, having regard to— (a) any information furnished pursuant to regulations made under section 33
(2)(l), (
  1. b)any information available to the planning authority concerning development carried out by a person to whom this section applies pursuant to a permission (in this section referred to as a ‘previous permission’ ) granted to the applicant or to any other person under this Part or Part IV of the Act of 1963, (
  2. c)any information otherwise available to the planning authority concerning a substantial unauthorised development, or (
  3. d)any information concerning a conviction for an offence under this Act, the planning authority is satisfied that a person to whom this section applies is not in compliance with a previous permission or with a condition to which the previous permission is subject, has carried out a substantial unauthorised development, or has been convicted of an offence under this Act, the authority may form the opinion— (
  4. i)that there is a real and substantial risk that the development in respect of which permission is sought 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 (
  5. ii)that accordingly planning permission should not be granted to the applicant concerned in respect of that development.”, (
  6. b)by the substitution of the following subsection for subsection
(4)(inserted by section 9 of the Act of 2006): “
(4)If the planning authority considers that there are good grounds for its being able to form the opinion under subsection
(1)in relation to an application for permission in respect of the development concerned and, accordingly, to exercise the power under subsection
(5)to refuse that permission, it shall serve a notice in writing on the applicant to that effect and that notice shall— (
  1. a)specify the non compliance with a previous permission or condition of a previous permission, substantial unauthorised development, or conviction for an offence under this Act, as the case may be, that the authority intends to take into consideration with regard to the proposed exercise of that power, and (
  2. b)invite the applicant to make submissions to the authority within a period specified in the notice as to why the applicant considers that the authority should not exercise that power (whether because the applicant contends that the views of the authority in relation to the failure to comply by the applicant or any other person to whom this section applies with any previous permission, or any condition to which it is subject, the carrying out of substantial unauthorised development or conviction for an offence under this Act, as the case may be, are incorrect or that there are not good grounds for forming the opinion under subsection
(1)).”, (c) in subsection
(7)— (
  1. i)in paragraph (
  2. b)by the substitution of “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,”, for “carried out a development referred to in subsection
(1)(b),”, (
  1. ii)in paragraph (c)(
  2. i)by the substitution of “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,” for “carried out a development referred to in subsection
(1)(b),”, and (iii) in paragraph (d), by the substitution of “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,” for “carried out a development referred to in subsection
(1)(b),”. Amendment of section 37A of Principal Act. 25.— Section 37A (inserted by section 3 of the Act of 2006) of the Principal Act is amended by the insertion of the following subsection after subsection
(3): “
(4)(a) Notwithstanding subsection
(1), where an application for permission is being made in relation to a development specified in the Seventh Schedule that is located in a strategic development zone, the applicant may elect to make the application to the planning authority under section 34 and regulations made thereunder. (
  1. b)Section 170 shall apply to an application made under paragraph (a). (
  2. c)Section 37B shall not apply to an application made under paragraph (a).”. Amendment of section 37H of Principal Act. 26.— Section 37H
(2)(inserted by section 3 of the Act of 2006) of the Principal Act is amended by the substitution of the following paragraph for paragraph (c): “(
  1. c)the sum due to be paid to the Board towards the costs incurred by the Board of— (
  2. i)conducting consultations entered into by an applicant under section 37B, (
  3. ii)compliance by the Board with a request by an applicant for an opinion of the Board under section 37D, or (iii) determining an application under section 37E, and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of the sum to any planning authority that incurred costs during the course of consideration of that application and to any other person as a contribution to the costs incurred by that person during the course of consideration of that application (each of which sums the Board may, by virtue of this subsection, require to be paid).”. Amendment of section 38 of Principal Act. 27.— Section 38 of the Principal Act is amended— (
  4. a)in subsection
(1), by the substitution of “at the offices of the authority and may also be made available by the authority by placing the documents on the authority’s website or otherwise in electronic form” for “at the offices of the authority”, (b) by the insertion of the following subsection after subsection
(1): “(1A) Details of any telephone numbers of the applicant or addresses for communication with the applicant in electronic form provided by or on behalf of the applicant shall be taken not to be part of the planning application and shall not be made available by a planning authority to members of the public.”, and (c) in subsection
(3)by the substitution of “during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority by placing the documents on the authority’s website or otherwise in electronic form.” for “at the office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application.”. Power to extend appropriate period. 28.— The Principal Act is amended by the substitution of the following section for section 42: “42.—
(1)On application to it in that behalf a planning authority shall, as regards a particular permission, extend the appropriate period by such additional period not exceeding 5 years as the authority considers requisite to enable the development to which the permission relates to be completed provided that each of the following requirements is complied with: (
  1. a)either— (
  2. i)the authority is satisfied that— (I) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended, (II) substantial works were carried out pursuant to the permission during that period, and (III) the development will be completed within a reasonable time, or (
  3. ii)the authority is satisfied— (I) that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works pursuant to the planning permission, (II) that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the regional planning guidelines for the area of the planning authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area, (III) that the development would not be inconsistent with the proper planning and sustainable development of the area having regard to any guidelines issued by the Minister under section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section, and (IV) where the development has not commenced, that an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted. (
  4. b)the application is in accordance with such regulations under this Act as apply to it, (
  5. c)any requirements of, or made under those regulations are complied with as regards the application, and (
  6. d)the application is duly made prior to the end of the appropriate period.
(2)In extending the appropriate period under subsection
(1)a planning authority may attach conditions requiring the giving of adequate security for the satisfactory completion of the proposed development, and/or may add to or vary any conditions to which the permission is already subject under section 34
(4)(g).
(3)(
  1. a)Where an application is duly made under this section to a planning authority and any requirements of, or made under, regulations under section 43 are complied with as regards the application, the planning authority shall make its decision on the application as expeditiously as possible. (
  2. b)Without prejudice to the generality of paragraph (a), it shall be the objective of the planning authority to ensure that it shall give notice of its decision on an application under this section within the period of 8 weeks beginning on— (
  3. i)in case all of the requirements referred to in paragraph (
  4. a)are complied with on or before the day of receipt by the planning authority of the application, that day, and (
  5. ii)in any other case, the day on which all of those requirements stand complied with.
(4)A decision to extend an appropriate period shall be made once and once only under this section and a planning authority shall not further extend the appropriate period.
(5)Particulars of any application made to a planning authority under this section and of the decision of the planning authority in respect of the application shall be recorded on the relevant entry in the register.
(6)Where a decision to extend is made under this section, section 40 shall, in relation to the permission to which the decision relates, be construed and have effect, subject to, and in accordance with, the terms of the decision.
(7)Notwithstanding subsection
(1)or
(4), where a decision to extend an appropriate period has been made by a planning authority prior to the coming into operation of this section, the planning authority, where an application is made to it in that behalf prior to the expiration of the period by which the appropriate period was extended, may further extend the appropriate period provided that each of the following requirements is complied with— (
  1. i)an application is made in that behalf in accordance with regulations under section 43, (
  2. ii)any requirements of, or made under, the regulations are complied with as regards the application, and (iii) the authority is satisfied that the relevant development has not been completed due to circumstances beyond the control of the person carrying out the development.”. Amendment of section 42A of Principal Act. 29.— Section 42A of the Principal Act (inserted by section 238 of the National Asset Management Agency Act 2009 ) is amended as follows: (
  3. a)by the substitution of the following for subsection
(1): “
(1)On application to it in that behalf a planning authority shall, as regards a particular permission, extend the appropriate period by such additional period not exceeding 5 years as the authority considers requisite to enable the development to which the permission relates to be completed provided that each of the following requirements is complied with: (
  1. a)either— (
  2. i)the authority is satisfied that— (I) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended, (II) substantial works were carried out pursuant to the permission during that period, and (III) the development will be completed within a reasonable time, or (
  3. ii)the authority is satisfied— (I) that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works pursuant to the planning permission, (II) that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the regional planning guidelines for the area of the planning authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area, (III) that the development would not be inconsistent with the proper planning and sustainable development of the area having regard to any guidelines issued by the Minister under section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section, and (IV) where the development has not commenced, that an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted, (
  4. b)the application is in accordance with such regulations under this Act as apply to it, (
  5. c)any requirements of, or made under those regulations are complied with as regards the application, and (
  6. d)the application is duly made prior to the end of the appropriate period.”, (
  7. b)by the substitution of the following for subsection
(2): “
(2)In extending the appropriate period under subsection
(1)a planning authority may attach conditions requiring the giving of adequate security for the satisfactory completion of the proposed development, and/or may add to or vary any conditions to which the permission is already subject under section 34
(4)(g).”, (c) by the insertion of the following after subsection
(7): “
(8)Notwithstanding subsection
(1)or
(4), where a decision to extend an appropriate period has been made by a planning authority prior to the coming into operation of this section, the planning authority, where an application is made to it in that behalf prior to the expiration of the period by which the appropriate period was extended, may further extend the appropriate period provided that each of the following requirements is complied with— (
  1. i)an application is made in that behalf in accordance with regulations under section 43, (
  2. ii)any requirements of, or made under, the regulations are complied with as regards the application, and (iii) the authority is satisfied that the relevant development has not been completed due to circumstances beyond the control of the person carrying out the development.”. Amendment of section 48 of Principal Act. 30.— Section 48 of the Principal Act is amended— (
  3. a)in subsection
(12)(b), by the substitution of the following subparagraphs for subparagraphs (
  1. i)and (ii)— “(
  2. i)are not commenced within 5 years of the date of payment to the authority of the contribution (or final instalment thereof, if paid by phased payment under subsection
(15)(a)), (ii) have commenced, but have not been completed within 7 years of the date of payment to the authority of the contribution (or final instalment thereof, if paid by phased payment under subsection
(15)(a)), or”, (b) in subsection
(17)— (
  1. i)in paragraph (
  2. c)by the substitution of “service connections, watermains and flood relief work” for “drains and watermains”, (
  3. ii)by the substitution of the following paragraphs for paragraphs (
  4. e)and (f): “(
  5. e)the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, sewers, waste water and water treatment facilities, service connections or watermains, (
  6. f)the provision of high-capacity telecommunications infrastructure, such as broadband, (
  7. g)the provision of school sites, and (
  8. h)any matters ancillary to paragraphs (
  9. a)to (g).”. Amendment of section 49 of Principal Act. 31.— Section 49 of the Principal Act is amended— (
  10. a)by the substitution of the following subsections for subsection
(1)— “
(1)A planning authority may, when granting a permission under section 34, include conditions requiring the payment of a contribution in respect of any public infrastructure service or project— (
  1. a)specified in a scheme made by the planning authority (in this section referred to as a ‘supplementary development contribution scheme’), (
  2. b)provided or carried out or proposed to be provided or carried out— (
  3. i)by a planning authority, (
  4. ii)where the provision of the infrastructure concerned is an objective in the development plan of a planning authority, or of a planning scheme of the Dublin Docklands Development Authority under section 25 of the Dublin Docklands Development Act 1997 , by a public authority, or, pursuant to an agreement entered into by a public authority with any other person, by that person, or (iii) pursuant to an agreement entered into by a local authority with any other person, by that person, and (
  5. c)that will benefit the development to which the permission relates when carried out. (1A) In this section, ‘public authority’ means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section.”, (
  6. b)by the insertion of the following new subsection after subsection
(3): “(3A) Notwithstanding subsection
(3)and section 48
(10), the Board shall consider an appeal brought to it by an applicant for permission under section 34, in relation to a condition requiring the payment of a contribution in respect of a public infrastructure service or project specified in a supplementary development contribution scheme, where the applicant considers that the service or project will not benefit the development to which the permission relates and section 48
(13)shall apply to such an appeal.”, and (c) in subsection
(7)by the substitution of the following paragraphs for paragraph (c)— “(
  1. c)the provision of particular new sewers, waste water and water treatment facilities, service connections or watermains and ancillary infrastructure, (
  2. d)the provision of new schools and ancillary infrastructure.”. Amendment of section 50A of Principal Act. 32.— Section 50A of the Principal Act is amended by the substitution of the following subsection for subsection
(2): “
(2)(
  1. a)An application for section 50 leave shall be made by motion ex parte and shall be grounded in the manner specified in the Order in respect of an ex parte motion for leave. (
  2. b)The Court hearing the ex parte application for leave may decide, having regard to the issues arising, the likely impact of the proceedings on the respondent or another party, or for other good and sufficient reason, that the application for leave should be conducted on an inter partes basis and may adjourn the application on such terms as it may direct in order that a notice may be served on that person. (
  3. c)If the Court directs that the leave hearing is to be conducted on an inter partes basis it shall be by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave)— (
  4. i)if the application relates to a decision made or other act done by a planning authority or local authority in the performance or purported performance of a function under this Act, to the authority concerned and, in the case of a decision made or other act done by a planning authority on an application for permission, to the applicant for the permission where he or she is not the applicant for leave, (
  5. ii)if the application relates to a decision made or other act done by the Board on an appeal or referral, to the Board and each party or each other party, as the case may be, to the appeal or referral, (iii) if the application relates to a decision made or other act done by the Board on an application for permission or approval, to the Board and to the applicant for the permission or approval where he or she is not the applicant for leave, (
  6. iv)if the application relates to a decision made or other act done by the Board or a local authority in the performance or purported performance of a function referred to in section 50
(2)(
  1. b)or (c), to the Board or the local authority concerned, and (
  2. v)to any other person specified for that purpose by order of the High Court. (
  3. d)The Court may— (
  4. i)on the consent of all of the parties, or (
  5. ii)where there is good and sufficient reason for so doing and it is just and equitable in all the circumstances, treat the application for leave as if it were the hearing of the application for judicial review and may for that purpose adjourn the hearing on such terms as it may direct.”. Costs in environmental matters. 33.— The Principal Act is amended by the insertion of the following new section after section 50A: “50B.—
(1)This section applies to proceedings of the following kinds: (
  1. a)proceedings in the High Court by way of judicial review, or of seeking leave to apply for judicial review, of— (
  2. i)any decision or purported decision made or purportedly made, (
  3. ii)any action taken or purportedly taken, or (iii) any failure to take any action, pursuant to a law of the State that gives effect to— (I) a provision of Council Directive 85/337/EEC of 27 June 1985 to which Article 10a (inserted by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directive 85/337/EEC and 96/61/EC) of that Council Directive applies, (II) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, or (III) a provision of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control to which Article 16 of that Directive applies; or (
  4. b)an appeal (including an appeal by way of case stated) to the Supreme Court from a decision of the High Court in a proceeding referred to in paragraph (a); (
  5. c)proceedings in the High Court or the Supreme Court for interim or interlocutory relief in relation to a proceeding referred to in paragraph (
  6. a)or (b).
(2)Notwithstanding anything contained in Order 99 of the Rules of the Superior Courts and subject to subsections
(3)and
(4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.
(3)The Court may award costs against a party in proceedings to which this section applies if the Court considers it appropriate to do so— (
  1. a)because the Court considers that a claim or counterclaim by the party is frivolous or vexatious, (
  2. b)because of the manner in which the party has conducted the proceedings, or (
  3. c)where the party is in contempt of the Court.
(4)Subsection
(2)does not affect the Court’s entitlement to award costs in favour of a par

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