Planning and Development, Maritime and Valuation (Amendment) Act 2022

Planning and Development, Maritime and Valuation (Amendment) Act 2022 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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Planning and Development, Maritime and Valuation (Amendment) Act 2022 Planning and Development, Maritime and Valuation (Amendment) Act 2022 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 29 of 2022 PLANNING AND DEVELOPMENT, MARITIME AND VALUATION (AMENDMENT) ACT 2022 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective citation, construction, and commencement PART 2 Amendment of Planning and Development Act 2000 2. Definitions - Part 2 3. Amendment of section 3A of Principal Act 4. Amendment of section 7 of Principal Act 5. Amendment of section 31 of Principal Act 6. Amendment of section 31AM of Principal Act 7. Amendment of section 31AN of Principal Act 8. Amendment of section 31AO of Principal Act 9. Amendment of section 31AP of Principal Act 10. Amendment of section 32B of Principal Act 11. Opinion in relation to planning application 12. Amendment of section 34 of Principal Act 13. Amendment of section 37 of Principal Act 14. Opinion in relation to application to Board 15. Amendment of section 37G of Principal Act 16. Amendment of section 37I of Principal Act 17. Amendment of section 37L of Principal Act 18. Amendment of section 37M of Principal Act 19. Amendment of section 37N of Principal Act 20. Amendment of section 37O of Principal Act 21. Amendment of section 37P of Principal Act 22. Amendment of section 50A of Principal Act 23. Amendment of section 104 of Principal Act 24. Amendment of section 144 of Principal Act 25. Amendment of section 156 of Principal Act 26. Amendment of section 177A of Principal Act 27. Amendment of section 177E of Principal Act 28. Amendment of section 177F of Principal Act 29. Amendment of section 177I of Principal Act 30. Amendment of section 177K of Principal Act 31. Amendment of section 177L of Principal Act 32. Amendment of section 177M of Principal Act 33. Amendment of section 177N of Principal Act 34. Amendment of section 177O of Principal Act 35. Amendment of section 182B of Principal Act 36. Amendment of section 182D of Principal Act 37. Opinion in relation to application to Board 38. Amendment of section 246 of Principal Act 39. Amendment of Fifth Schedule to Principal Act 40. Repeals 41. Transitional provisions PART 3 Maritime Area Planning 42. Definition - Part 3 43. Amendment of section 3 of Act of 2021 44. Amendment of section 6 of Act of 2021 45. Amendment of Part 2 of Act of 2021 - insertion of Chapter 8A 46. Amendment of section 56 of Act of 2021 47. Amendment of section 75 of Act of 2021 48. Amendment of section 81 of Act of 2021 49. Amendment of section 85 of Act of 2021 50. Substitution of section 87 of Act of 2021 51. Amendment of section 95 of Act of 2021 52. Amendment of section 96 of Act of 2021 53. Amendment of section 97 of Act of 2021 54. Amendment of section 131 of Act of 2021 55. Amendment of section 134 of Act of 2021 56. Amendment of section 135 of Act of 2021 57. Amendment of section 136 of Act of 2021 58. Amendment of Part 6 of Act of 2021 - insertion of Chapter 3A 59. Amendment of heading to Chapter 4 of Part 6 of Act of 2021 60. Insertion of new section in Act of 2021 61. Amendment of Part 6 of Act of 2021 - substitution of Chapter heading 62. Amendment of section 145 of Act of 2021 63. Amendment of Part 6 of Act of 2021 - insertion of new Chapter heading 64. Amendment of heading to Chapter 6 of Part 6 of Act of 2021 65. Amendment of section 154 of Act of 2021 66. Amendment of section 155 of Act of 2021 67. Amendment of section 156 of Act of 2021 68. Amendment of section 157 of Act of 2021 69. Amendment of Part 6 of Act of 2021 - insertion of Chapter 8 70. Amendment of section 169 of Act of 2021 71. Amendment of section 144 of Planning and Development Act 2000 72. Amendment of section 156 of Planning and Development Act 2000 73. Amendment of Part XXI of Planning and Development Act 2000 74. Amendment of Schedule 6 to Act of 2021 75. Amendment of Schedule 8 to Act of 2021 PART 4 Amendment of Valuation Act 2001 and Residential Tenancies and Valuation Act 2020 76. Amendment of section 21 of Valuation Act 2001 77. Amendment of section 14 of Residential Tenancies and Valuation Act 2020 Acts Referred to Maritime Area Planning Act 2021 (No. 50) Planning and Development Act 2000 (No. 30) Planning and Development Acts 2000 to 2021 Residential Tenancies and Valuation Act 2020 (No. 7) Valuation Act 2001 (No. 13) Number 29 of 2022 PLANNING AND DEVELOPMENT, MARITIME AND VALUATION (AMENDMENT) ACT 2022 An Act to amend the Planning and Development Act 2000 ; to provide that a person shall not advertise certain property in a rent pressure zone for letting for a period not exceeding 14 days; to provide for certain matters relating to Ministerial directions regarding development plans and local area plans and the related functions of the Office of the Planning Regulator; to provide for consultation before making applications for certain permissions for, and approvals of, the development of land and the maritime area in relation to details of such development that may not be confirmed at the time such applications are made; to provide for applications to be made to An Bord Pleanála in respect of development of lands where an application for substitute consent of development of those lands has been made, or in respect of development of lands adjoining those lands; to remove the requirement to apply for leave for substitute consent under Part XA of the Planning and Development Act 2000 ; to provide for certain matters relating to judicial review of decisions and acts of planning authorities, local authorities and An Bord Pleanála; to provide for the appointment of a chief executive designate to the Maritime Area Regulatory Authority and to provide for other matters relating to the maritime area, including matters relating to judicial review and rehabilitation schedules and for those and other purposes to amend the Maritime Area Planning Act 2021 ; to enable the Commissioner of Valuation with the consent of the Minister for Housing, Local Government and Heritage to revoke a valuation order in certain circumstances and for that purpose to amend the Valuation Act 2001 ; to extend the period within which a valuation list in relation to a rating authority shall be published and for that purpose to amend the Residential Tenancies and Valuation Act 2020 ; and to provide for related matters. [24th July, 2022] 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, Maritime and Valuation (Amendment) Act 2022. (2) The Planning and Development Acts 2000 to 2021 and Part 2 of this Act may be cited together as the Planning and Development Acts 2000 to 2022 and they shall be construed together as one. (3) The Maritime Area Planning Act 2021 and Part 3 may be cited together as the Maritime Area Planning Acts 2021 and 2022 and they shall be construed together as one. (4) This Act, other than sections 3 to 7 of Part 2 , and Part 4 , shall come into operation on such day or days as the Minister for Housing, Local Government and Heritage may by order or orders appoint, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or provisions. PART 2 Amendment of Planning and Development Act 2000 Definitions - Part 2 2. In this Act— “Board” means An Bord Pleanála; “Minister” means the Minister for Housing, Local Government and Heritage; “Principal Act” means the Planning and Development Act 2000 . Amendment of section 3A of Principal Act 3. Section 3A of the Principal Act is amended— (a) by the insertion of the following subsections after subsection (1): “(1A) A person shall not, during the relevant period, advertise or cause the advertisement of a relevant property for short term letting purposes, or enter into any arrangement in respect of a relevant property for short term letting purposes, unless the use of the relevant property for those purposes— (a) is in accordance with a permission granted under Part III, or (b) is exempted development for the purposes of this Act. (1B) A person who contravenes subsection (1A) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine. (1C) A person shall be deemed not to have contravened subsection (1A) in respect of a relevant property if the person produces proof, provided by a planning authority in accordance with regulations made under subsection (2), of the matters set out in paragraphs (a) or (b) of that subsection in respect of the relevant property. (1D) The relevant period may, by order of the Minister made before the expiry of that period, be extended for such period (being a period not exceeding 6 months) as is specified in the order. (1E) An order under subsection (1D) shall be made by the Minister where he or she is satisfied that it is necessary in order to address an acute shortage of rental accommodation (other than for short term letting purposes) in rent pressure zones. (1F) An order under subsection (1D) shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.”, (b) by the substitution of the following subsection for subsection (2): “(2) For the purposes of this section, the Minister may make regulations— (a) requiring such persons as are specified in the regulations to provide a planning authority with such information as may be specified and at such intervals as may be so specified in relation to short term lettings in the administrative area of the planning authority, and (b) requiring a planning authority to provide to such persons as are specified in the regulations such proof of the matters set out in paragraph (a) or (b) of subsection (1A) in respect of a relevant property as may be specified in the regulations.”, and (c) by the insertion of the following definitions in subsection (5): “‘relevant period’ means the period of 6 months commencing on the day following the commencement of section 3 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022; ‘relevant property’ means a house or part of a house that is not a principal private residence and is located in a rent pressure zone.”. Amendment of section 7 of Principal Act 4. Section 7 of the Principal Act is amended in subsection (2)— (a) in paragraph (a), by the deletion of “including for leave to apply for substitute consent”, and (b) by the substitution of the following paragraph for paragraph (xa): “(xa) particulars of any decision of the Board under section 177K, or direction served under section 177J or 177L,”. Amendment of section 31 of Principal Act 5. Section 31 of the Principal Act is amended— (a) in subsection (3), by the substitution of “section 31AM(8) or 31AO(7)” for “section 31AN(9) or 31AP(9)”, (b) in subsection (4)(b), by the deletion of “, in the case of a plan,”, (c) in subsection (8), by the substitution of “, the Minister and, where relevant, the regional assembly concerned” for “and the Minister”, and (d) by the substitution of the following subsection for subsection (16): “(16) Where paragraph (a) of section 31AN(4A), paragraph (a) or (c) of section 31AN(9), paragraph (a) of section 31AP(4A) or paragraph (a) or (c) of section 31AP(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.”. Amendment of section 31AM of Principal Act 6. Section 31AM of the Principal Act is amended— (a) in subsection (2)(b), by the substitution of “consistency of the development plan with the National Planning Framework” for “consistency with the development plan and the National Planning Framework”, and (b) in subsection (5)(c), by the substitution of “of a development plan” for “in a development plan”. Amendment of section 31AN of Principal Act 7. Section 31AN of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (2): “(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.”, (b) by the substitution of the following subsection for subsection (4): “(4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall, no later than 3 weeks after receipt of that report— (a) recommend to the Minister that he or she issue the direction with or without minor amendments, or (b) for stated reasons, where the Office is of the opinion that— (i) a material amendment to the draft direction may be required, (ii) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or (iii) it is necessary for any other reason, appoint a person to be an inspector.”, (c) by the insertion of the following subsections after subsection (4): “(4A) The Minister shall consider a recommendation of the Office under subsection (4)(a) that he or she issue a direction with or without minor amendments and— (a) where the Minister agrees with the recommendation, the Minister shall, no later than 6 weeks after receipt of the recommendation, subject to subsection (16), issue the direction under section 31 with or without minor amendments, or (b) where the Minister does not so agree with the recommendation, then the Minister shall— (i) prepare a statement in writing of his or her reasons for not agreeing, (ii) cause that statement to be laid before each House of the Oireachtas, and (iii) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage. (4B) As soon as practicable after a statement has been prepared under subsection (4A)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.”, (d) in subsection (7)(a), by the insertion of “and the Cathaoirleach of the planning authority” after “the chief executive”, (e) by the insertion of the following subsections after subsection (9): “(9A) Where the Minister does not agree with a recommendation of the Office under subsection (9) where paragraph (a) or (c) of that subsection applies, then the Minister shall— (a) prepare a statement in writing of his or her reasons for not agreeing, (b) cause that statement to be laid before each House of the Oireachtas, and (c) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage. (9B) As soon as practicable after a statement has been prepared under subsection (9A), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.”, (f) by the deletion of subsections (12), (13) and (15), and (g) in subsection (16), by the substitution of “subsection (4A) or (9)” for “subsection (9)” in each place where it occurs. Amendment of section 31AO of Principal Act 8. Section 31AO of the Principal Act is amended in subsection (7)(i) by the substitution of “as amended by the planning authority” for “as varied by the planning authority”. Amendment of section 31AP of Principal Act 9. Section 31AP of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (4): “(4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall, no later than 3 weeks after receipt of that report— (a) recommend to the Minister that he or she issue the direction with or without minor amendments, or (b) for stated reasons, where the Office is of the opinion that— (i) a material amendment to the draft direction may be required, (ii) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or (iii) it is necessary for any other reason, appoint a person to be an inspector.”, (b) by the insertion of the following subsections after subsection (4): “(4A) The Minister shall consider a recommendation of the Office under subsection (4)(a) that he or she issue a direction with or without minor amendments and— (a) where the Minister agrees with the recommendation, then the Minister shall, no later than 6 weeks after receipt of the recommendation, subject to subsection (16), issue the direction under section 31 with or without minor amendments, or (b) where the Minister does not so agree with the recommendation, then the Minister shall— (i) prepare a statement in writing of his or her reasons for not agreeing, (ii) cause that statement to be laid before each House of the Oireachtas, and (iii) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage. (4B) As soon as practicable after a statement has been prepared under subsection (4A)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.”, (c) in subsection (7)(a), by the insertion of “and the Cathaoirleach of the planning authority” after “the chief executive”, (d) by the insertion of the following subsections after subsection (9): “(9A) Where the Minister does not agree with a recommendation of the Office under subsection (9) where paragraph (a) or (c) of that subsection applies, then the Minister shall— (a) prepare a statement in writing of his or her reasons for not agreeing, (b) cause that statement to be laid before each House of the Oireachtas, and (c) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage. (9B) As soon as practicable after a statement has been prepared under subsection (9A), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.”, (e) by the deletion of subsections (12), (13) and (15), and (f) in subsection (16), by the substitution of “subsection (4A) or (9)” for “subsection (9)” in each place where it occurs. Amendment of section 32B of Principal Act 10. Section 32B of the Principal Act is amended by the insertion of the following subsection after section 32B(5): “(6) A request by a prospective LRD applicant under subsection (1) may include a request that the LRD meeting be treated as a meeting for the purposes of section 32I and such request shall comply with section 32H(2).”. Opinion in relation to planning application 11. The Principal Act is amended by the insertion of the following sections after section 32G: “Application for opinion under section 32I 32H. (1) A person who intends to apply for permission under section 34 (referred to in this section and section 32I as a ‘prospective applicant’) may, before making such an application (referred to in this section and section 32I as the ‘proposed application’), request a meeting for the purposes of section 32I with the planning authority or authorities in whose functional area or areas the proposed development would be situated. (2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include— (a) the name and address of the prospective applicant, (b) a site location map sufficient to identify the land on which the proposed development would be situated, (c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment, (d) a draft layout plan of the proposed development, (e) a description of— (i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and (ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided, before the prospective applicant has confirmed the details referred to in subparagraph (i) including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application, (f) an undertaking to provide with the proposed application, either— (i) two or more options, in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided, (ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made and decided, or (iii) a combination of subparagraphs (i) and (ii), (g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and (h) such other information as may be prescribed. (3) A planning authority that receives a request under subsection (1) or section 32B(1) may, prior to a meeting taking place under section 32I, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the meeting in relation to a proposed development. (4) Where a planning authority consults with a person under subsection (3), a written record shall be taken of such a consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates. (5) Where a prospective applicant submits a request in accordance with subsection (1) or section 32B(1), the planning authority shall convene a meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority. (6) The following persons shall attend a meeting convened under subsection (5): (a) the planning authority; (b) the prospective applicant, one or more persons on his or her behalf, or both. (7) The planning authority shall ensure that planning authority officials attending the meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned. (8) The planning authority shall keep a record in writing of any meeting convened under subsection (5), including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided under subsection (11) or section 32I(7) and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates. (9) A record kept by a planning authority under subsection (8) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34. (10) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened under subsection (5), including— (a) matters that are required to be considered at the meeting, (b) matters that may be considered at the meeting, and (c) the manner in which the meeting is to be conducted. (11) Where, on the expiry of the period specified in subsection (5), the meeting has not taken place, the planning authority shall proceed to convene the meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why the meeting did not take place in the specified period. Opinion as to flexibility with regard to application for permission 32I. (1) The planning authority shall, within the period of 4 weeks beginning on the date on which the meeting convened under section 32H(5) takes place, consider— (a) the information included in the request for the meeting under section 32H, and (b) any other relevant information that is made available at the meeting, and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application. (2) Where the planning authority determines that it is satisfied in accordance with subsection (1) it shall provide an opinion to that effect to the prospective applicant. (3) Where the planning authority determines that it is not satisfied in accordance with subsection (1) it shall notify the prospective applicant to that effect. (4) An opinion under subsection (2) shall specify— (a) the details, or groups of details, of the proposed development as proposed by the prospective applicant that may be confirmed after the proposed application has been made and decided, (b) the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in paragraph (a), and (c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act, be accompanied by the information referred to in section 32H(2)(f). (5) An opinion issued by a planning authority under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34. (6) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the planning authority providing an opinion under subsection (2), including the form of the opinion. (7) Where, on the expiry of the period specified in subsection (1), the planning authority has failed to provide an opinion or notification, the planning authority shall proceed to do so as soon as practicable, notwithstanding that the period has expired, and provide the prospective applicant with a written explanation why it failed to provide the opinion or notification in the specified period. Procedure without prejudice to performance by the planning authority of other functions 32J. Neither the taking place of a meeting under section 32H nor the provision of an opinion or notification under section 32I shall prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings. Effect of steps not being completed within the time period 32K. A person shall not question the validity of any steps taken by a planning authority by reason only that the procedures set out in sections 32H and 32I, were not completed within the time referred to in the sections concerned. Offence of taking payment, etc. in connection with section 32H procedure 32L. A member or official of a planning authority who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an opinion or notification under section 32I commits an offence.”. Amendment of section 34 of Principal Act 12. Section 34 of the Principal Act is amended— (a) by the insertion of the following subsection after subsection (4): “(4A) Notwithstanding subsection (1), where a planning authority grants permission for a development on foot of an application accompanied by an opinion provided by the planning authority under section 32I(2) the permission shall include a condition in respect of any detail of the development that was not confirmed at the time of the application requiring— (a) the actual detail of the development to fall within specified options, parameters or a combination of options and parameters, and (b) the applicant to notify the planning authority in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.”, (b) by the substitution of the following subsection for subsection (12): “(12) A planning authority shall refuse to consider an application to retain unauthorised development of land where it decides that either or both of the following was required or is required in respect of the development: (a) an environmental impact assessment; (b) an appropriate assessment.”, and (c) in subsection (12A), by the substitution of “an application in respect of the following development shall be deemed not to have required, and not to require, a determination as to whether an environmental impact assessment is required” for “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)”. Amendment of section 37 of Principal Act 13. Section 37 of the Principal Act is amended — (a) in subsection (1)(b), by the substitution of “(3), (4), and (4A)” for “(3) and (4)”, and (b) by the insertion of the following subsections after subsection (6): “(7) Subject to the modification referred to in subsection (8), and any other necessary modifications, subsections (12) and (12A) of section 34 apply to the consideration by the Board of an application on appeal under subsection (1) against a decision of the planning authority. (8) The modification is that the reference in section 34(12) to the planning authority shall be construed as a reference to the Board. (9) Where the Board refuses under section 34(12), as applied by subsection (7), to consider an application on appeal— (a) it shall give the reasons for the refusal to the person who made the appeal, (b) the application on appeal shall be deemed to have been withdrawn by the applicant for permission, and (c) the refusal shall operate to annul the decision of the planning authority as from the time when that decision was given.”. Opinion in relation to application to Board 14. The Principal Act is amended by the insertion of the following sections after section 37C: “Application for opinion under section 37CD 37CC. (1) A person who proposes to apply for permission for any development specified in the Seventh Schedule (referred to in this section and section 37CD as a ‘prospective applicant’) may request a meeting with the Board for the purposes of section 37CD as part of consultations referred to in section 37B(1). (2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include— (a) the name and address of the prospective applicant, (b) a site location map sufficient to identify the land on which the proposed development would be situated, (c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment, (d) a draft layout plan of the proposed development, (e) a description of— (i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and (ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided, before the prospective applicant has confirmed the details referred to in subparagraph (i) including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application, (f) an undertaking to provide with the proposed application, either— (i) two or more options, in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided, (ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made and decided, or (iii) a combination of subparagraphs (i) and (ii), (g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and (h) such other information as may be prescribed. (3) Where a prospective applicant submits a request in accordance with subsection (1) the Board shall convene a meeting for the purposes of section 37CD. (4) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened under subsection (3), including— (a) matters that are required to be considered at the meeting, (b) matters that may be considered at the meeting, and (c) the manner in which the meeting is to be conducted. Opinion as to flexibility with regard to certain applications 37CD. (1) The Board shall, as soon as practicable after a meeting convened under section 37CC(3) takes place, consider— (a) the information included in the request for the meeting under section 37CC, and (b) any other relevant information that is made available at the meeting, and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application. (2) Where the Board serves a notice under section 37B(4)(a) it shall, where it determines that it is satisfied in accordance with subsection (1), serve an opinion to that effect with such notice. (3) Where the Board serves a notice under section 37B(4)(a) it shall, where it determines that it is not satisfied in accordance with subsection (1), notify the prospective applicant to that effect. (4) An opinion under subsection (2) shall specify— (a) the details, or groups of details, of the proposed development that may be confirmed after the proposed application has been made and decided, (b) the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in paragraph (a), and (c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act, be accompanied by the information referred to in section 37CC(2)(f). (5) A meeting held, and any opinion issued, for the purposes of this section shall be part of consultations held under section 37B. (6) An opinion issued by the Board under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 37E. (7) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the Board providing an opinion under subsection (2), including the form of the opinion. Offence of taking payment, etc. in connection with section 37CD procedure 37CE. A member or official of the Board who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an opinion or notification under section 37CD commits an offence.”. Amendment of section 37G of Principal Act 15. Section 37G of the Principal Act is amended by the insertion of the following subsection after subsection (7): “(7A) Notwithstanding subsection (3), where the Board grants permission for a development on foot of an application accompanied by an opinion issued by the Board under section 37CD(2) the permission shall include a condition in respect of any detail of the development that was not confirmed at the time of the application requiring— (a) the actual detail to fall within specified options, parameters or a combination of options and parameters, and (b) the applicant to notify the planning authority in whose functional area or areas the development is situated in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.”. Amendment of section 37I of Principal Act 16. Section 37I(1)(c) of the Principal Act is amended by the insertion of “including applications accompanied by an opinion under section 37CD(2)” after “applications for permission under section 37E”. Amendment of section 37L of Principal Act 17. Section 37L of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) Where a person applies for substitute consent in respect of development of land under section 177E, the person may also apply for permission for the following: (a) development of the land the subject of the application for substitute consent; (b) development of land adjoining the land the subject of the application for substitute consent.”, (b) in subsection (2), by the deletion of “to further develop a quarry”, (c) by the substitution of the following subsection for subsection (3): “(3) Development referred to in paragraph (a) or (b) of subsection (1) is not required to be the same as, or of the same description as, the development the subject of the application for substitute consent referred to in that subsection.”, (d) by the substitution of the following subsection for subsection (5): “(5) Where prior to the date of the coming into operation of section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022. an application for substitute consent has been made under section 177E, but no decision has been made by the Board in respect of that application prior to or on that date, an application for permission may be made under subsection (1) as substituted by that section 17, within 6 months of that date.”, (e) by the substitution of the following subsection for subsection (6): “(6) An application may not be made under subsection (1), as substituted by section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022., where a decision has been made by the Board in respect of the application for substitute consent referred to in subsection (1) as so substituted, prior to or on the date of the coming into operation of that section 17.”, (f) by the substitution of the following subsection for subsection (7): “(7) Where— (a) subsection (5), as substituted by section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022., applies, and (b) the applicant for substitute consent informs the Board by notice in writing prior to it making its decision in respect of the application for substitute consent, in this subsection referred to as the ‘first application’, that he or she intends to submit an application for permission under subsection (1), as substituted by that section 17, in this subsection referred to as the ‘second application’, the Board shall, notwithstanding section 177P(1), not make its decision on the first application prior to— (i) the date that is 6 months after the date of the coming into operation of that section 17, (ii) the date the second application is received by the Board, or (iii) the date the applicant for substitute consent informs the Board by notice in writing that he or she no longer intends to submit a second application, whichever is the earlier.”, (g) in subsection (8)— (i) by the deletion of “in respect of a quarry”, and (ii) by the substitution of “referred to in subsection (1)” for “in respect of that quarry”, (h) in subsection (10), by the substitution of “environmental impact assessment report” for “environmental impact statement”, (i) in subsection (11), by the substitution of “environmental impact assessment report” for “environmental impact statement”, and (j) in subsection (12)(b), by the substitution of “paragraph (a)” for “subparagraph (a)”. Amendment of section 37M of Principal Act 18. Section 37M of the Principal Act is amended in subsection (1)(a) by the substitution of “environmental impact assessment report” for “environmental impact statement”. Amendment of section 37N of Principal Act 19. Section 37N of the Principal Act is amended in subsection (2)(a)(i) by the substitution of “environmental impact assessment report” for “environmental impact statement”. Amendment of section 37O of Principal Act 20. Section 37O of the Principal Act is amended— (a) in subsection (3)(a), by the substitution of “environmental impact assessment report” for “environmental impact statement”, and (b) in subsection (4)— (i) in paragraph (b), by the deletion of “and”, (ii) by the insertion of the following paragraphs after paragraph (b): “(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of an environmental impact assessment report) is materially different, in relation to the terms of the condition, from a recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting or for varying the recommendation in relation to such condition, (bb) in relation to the grant or refusal of any permission, subject to or without conditions, that the Board is satisfied, where an environmental impact assessment was carried out, that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, (bc) in summary form, the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and how those results have been incorporated into the decision or otherwise addressed, and”, and (iii) in paragraph (c), by the insertion of “(being a decision which arises from the consideration of the environmental impact assessment report concerned)” after “a decision by the Board under section 37N”. Amendment of section 37P of Principal Act 21. (1) Section 37P of the Principal Act is amended by the substitution of the following subsections for subsections (1) and (2): “(1) The Minister shall make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for permission under section 37L and decisions under section 37N. (2) Without prejudice to the generality of subsection (1), regulations under this section may— (a) make provision for the payment of fees to the Board, and (b) make provision for matters of procedure in relation to the making of an application under section 37L, including the giving of public notice and the making of applications in electronic form.”. (2) All regulations made under section 37P of the Principal Act and in force immediately before the date of the coming into operation of subsection (1) shall be deemed on and after that date to have been made under section 37P of the Principal Act as amended by subsection (1). (3) Every act done, or purporting to have been done, under the regulations referred to in subsection (2) before the date of the coming into operation of subsection (1) shall on and after that date be, and be deemed always to have been, valid and effectual for all purposes. (4) If subsection (2) or (3) would, but for this subsection, conflict with a constitutional right of any person, the operation of the subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall be otherwise of full force and effect. Amendment of section 50A of Principal Act 22. Section 50A of the Principal Act is amended— (a) in subsection (3)— (i) in paragraph (a), by the substitution of “quashed,” for “quashed, and”, (ii) in paragraph (b), by the substitution of “falls), and” for “falls).”, and (iii) by the insertion of the following paragraph after paragraph (b): “(c) the applicant has exhausted any available appeal procedures or any other administrative remedy available to him or her in respect of the decision or act concerned.”, and (b) by the insertion of the following subsection after subsection (9): “(9A) If, on an application for judicial review under the Order, the Court decides to quash a decision or other act to which section 50(2) applies, made or done on an application for permission or approval, the Court shall, if requested by the applicant for permission or approval, remit the matter to the planning authority, the local authority or the Board, as may be appropriate, for reconsideration, subject to such directions as the Court considers appropriate, unless the Court considers, having regard to the circumstances of the case, that it would not be lawful to do so.”. Amendment of section 104 of Principal Act 23. Section 104 of the Principal Act is amended— (a) in subsection (2), by the deletion of “177C,”, and (b) in subsection (2A), by the deletion of “177C,”. Amendment of section 144 of Principal Act 24. Section 144(1A) of the Principal Act is amended — (a) by the insertion of the following paragraph after paragraph (c): “(cc) the provision of an opinion or notification under section 37CD or 182G,”, and (b) in paragraph (f), by the deletion of “an application for leave to apply for substitute consent or”. Amendment of section 156 of Principal Act 25. Section 156(1) of the Principal Act is amended by the substitution of “section 32G, 32L, 37CE, 58(4)” for “section 32G, 58(4)” and by the insertion of “182H,” after “154,”. Amendment of section 177A of Principal Act 26. Section 177A of the Principal Act is amended in subsection (1) by the substitution of the following definition for the definition of “exceptional circumstances”: “ ‘exceptional circumstances’ shall, other than in section 177K(2A)(b), be construed in accordance with section 177K(1J);”. Amendment of section 177E of Principal Act 27. Section 177E of the Principal Act is amended— (a) in subsection (1), by the insertion of “in respect of development of land” after “substitute consent”, (b) by the substitution of the following subsection for subsection (1A): “(1A) The Board may, at its own discretion and at the request of a person who intends to make an application for substitute consent, enter into consultations in respect of the application with that person before he or she makes the application.”, (c) by the insertion of the following subsections after subsection (1A): “(1B) Subject to subsection (2A), an application for substitute consent may be made by— (a) a person who has carried out the development referred to in subsection (1), or (b) the owner or occupier of the land on which the development has been carried out. (1C) The Board shall only consider an application for substitute consent in respect of development of land where— (a) subject to subsection (1D), the Board is satisfied under section 172 that an environmental impact assessment was required or is required for the development, (b) subject to subsection (1E), the Board is satisfied under section 177U that an appropriate assessment was required or is required for the development, or (c) subject to subsections (1D) and (1E), the Board is satisfied under sections 172 and 177U, that both of the assessments referred to at paragraphs (a) and (b) were required or are required for the development. (1D) Where the Board receives an application which is accompanied by a remedial environmental impact assessment report under subsection (2)(b) and the application is not, under this Act or any regulations made under it, invalid or withdrawn, the Board shall be deemed to be satisfied that an environmental impact assessment is required and was required and the Board shall consider the application. (1E) Where the Board receives an application which is accompanied by a remedial Natura impact statement under subsection (2)(b), and the application is not, under this Act or any regulations made under it, invalid or withdrawn, the Board shall be deemed to be satisfied that an appropriate assessment is required and was required and the Board shall consider the application.”, (d) by the substitution of the following subsection for subsection (2): “(2) An application for substitute consent shall— (a) state the name of the person making the application, (b) be accompanied by a remedial environmental impact assessment report or remedial Natura impact statement, or both, (c) be accompanied by the fee payable in accordance with section 177M, (d) comply with any requirements prescribed under section 177N, and (e) be accompanied by any other document that the applicant considers would be of assistance to the Board in making a decision in relation to his or her application.”, (e) by the substitution of the following subsection for subsection (2A): “(2A) Where an application for substitute consent is made in respect of development of land for which planning permission has been granted, that application may be made in relation to— (a) that part of the development permitted under the permission that has been carried out at the time of the application, or (b) subject to subsection (2B), that part of the development referred to in paragraph (a) and all or part of the development permitted under the permission that has not been carried out at the time of the application.”, (f) by the insertion of the following subsection after subsection (2A): “(2B) Where subsection (2A)(b) applies the applicant shall, in relation to that part of the development that has not been carried out at the time of the application, furnish one or both of the following to the Board with his or her application: (a) where a remedial environmental impact assessment report has been furnished with the application, an environmental impact assessment report; (b) where a remedial Natura impact statement has been furnished with the application, a Natura impact statement.”, (g) in subsection (4), by the substitution of “specified in section 177B (whether the notice given under section 177B(1) was confirmed or amended before the date of the coming into operation of section 40 (a) of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, or confirmed or amended on or after that date in accordance with section 41 (10) of that Act) or specified in section 261A” for “specified in section 177B, 177D or 261A”, (h) by the insertion of the following subsections after subsection (4A): “(4B) Where the Board considers that a remedial Natura impact statement does not comply with paragraph (a), (b) or (c) of section 177G(1), the Board shall require the applicant for substitute consent to furnish, within a specified period, such further information as it considers necessary for the statement to so comply. (4C) Where further information required by the Board under subsection (4A)(c) or (4B) is not furnished to it by the applicant within the period specified under that subsection, or within any further period as may be specified by the Board, the application shall be deemed to have been withdrawn by the applicant.”, and (i) by the insertion of the following subsection after subsection (5): “(6) Where a remedial environmental impact assessment report, remedial Natura impact statement, environmental impact assessment report or Natura impact statement is received by the Board in response to a requirement under subsection (2CA), (2CB) or (2CC) of section 177K, the Board shall, as soon as may be after its receipt, send the report or statement, as the case may be, to the planning authority referred to in subsection (5), and the planning authority shall place the report or statement on the register.”. Amendment of section 177F of Principal Act 28. Section 177F of the Principal Act is amended— (a) in subsection (2)(a)— (i) by the substitution of the following subparagraph for subparagraph (i): “(i) A person may request the Board to give him or her an opinion referred to in subparagraph (ii) in relation to a development— (I) before he or she makes an application for substitute consent in respect of the development, or (II) after he or she has made such an application, where required by the Board under section 177K(2CA) to submit a remedial environmental impact assessment report.”, (ii) in subparagraph (ii)— (I) by the substitution of “the Board shall, when requested to do so by the person referred to in subparagraph (i),” for “the Board shall,”, (II) by the substitution of “the person” for “the applicant”, and (III) by the insertion of “in relation to the development” after “remedial environmental impact assessment report”, and (iii) in subparagraph (iii), by the substitution of “the person referred to in subparagraph (i)” for “the applicant”, and (b) in subsection (2)(b), by the substitution of “The person referred to in paragraph (a)(i)” for “An applicant”. Amendment of section 177I of Principal Act 29. Section 177I of the Principal Act is amended— (a) in subsection (1), by the substitution of “Subject to subsection (1A), no later” for “No later”, and (b) by the insertion of the following subsection after subsection (1): “(1A) Where section 177E(6) applies, the period of 10 weeks referred to in subsection (1) shall run from the date of receipt by the planning authority of the report or statement, as the case may be, under that section.”. Amendment of section 177K of Principal Act 30. Section 177K of the Principal Act is amended— (a) by the insertion of the following subsection after subsection (1I): “(1J) In considering whether exceptional circumstances exist under subsection (1A)(a) the Board shall have regard to the following matters: (a) whether regularisation of the development concerned would circumvent the purpose and objectives of the Environmental Impact Assessment Directive or the Habitats Directive; (b) whether the applicant had or could reasonably have had a belief that the development was not unauthorised; (c) whether the ability to carry out an assessment of the environmental impacts of the development for the purpose of an environmental impact assessment or an appropriate assessment and to provide for public participation in such an assessment has been substantially impaired; (d) the actual or likely significant effects on the environment or adverse effects on the integrity of a European site resulting from the carrying out or continuation of the development; (e) the extent to which significant effects on the environment or adverse effects on the integrity of a European site can be remediated; (f) whether the applicant has complied with previous planning permissions granted or has previously carried out an unauthorised development; (g) such other matters as the Board considers relevant.”, (b) in subsection (2)(c), by the insertion of “or in accordance with a requirement under subsection (2CA), (2CB) or (2CC)” after “submitted with the application”, (c) by the insertion of the following subsections after subsection (2C): “(2CA) Where the applicant submitted a remedial Natura impact statement under section 177E(2), but did not submit a remedial environmental impact assessment report under that section, and the Board determines that an environmental impact assessment was required or is required, the Board shall require the applicant to submit such a report within a specified period. (2CB) Where the applicant submitted a remedial environmental impact assessment report under section 177E(2), but did not submit a remedial Natura impact statement under that section, and the Board determines that an appropriate assessment was required or is required, the Board shall require the applicant to submit such a statement within a specified period. (2CC) Where section 177E(2A)(b) applies and a remedial environmental impact assessment report or remedial Natura impact statement, as the case may be, was not submitted with an application but is subsequently required under subsection (2CA) or (2CB), the Board shall, in relation to the part of the development referred to in section 177E(2A)(b) that has not been carried out at the time of the application, require the applicant to submit an environmental impact assessment report or a Natura impact statement, as the case may be, within a specified period. (2CD) Where the Board requires the applicant to submit within a specified period a report under subsection (2CA), a statement under subsection (2CB), or a report or statement under subsection (2CC), and the report or statement is not submitted to it within that period, or within any further period that the Board may specify, the application shall be deemed to have been withdrawn by the applicant.”, (d) in subsection (2D)(a), by the substitution of “in accordance with t …