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Planning and Development Act, 2000

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Number 30 of 2000


PLANNING AND DEVELOPMENT ACT, 2000


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Development.

4.

Exempted development.

5.

Declaration and referral on development and exempted development.

6.

Power of examination, investigation and survey.

7.

Planning register.

8.

Obligation to give information to local authority.

PART II

Plans and Guidelines

Chapter I

Development Plans

9.

Obligation to make development plan.

10.

Content of development plans.

11.

Preparation of draft development plan.

12.

Making of development plan.

13.

Variation of development plan.

14.

Public rights of way in development plans.

15.

General duty of planning authority to secure objectives of development plan.

16.

Copies of development plans.

17.

Evidence of development plans.

Chapter II

Local Area Plans

18.

Local area plans.

19.

Application and content of local area plans.

20.

Consultation and adoption of local area plans.

Chapter III

Regional Planning Guidelines

21.

Power to make regional planning guidelines.

22.

Co-operation of planning authorities with regional authority.

23.

Content and objectives of regional planning guidelines.

24.

Consultation regarding regional planning guidelines.

25.

Procedure for making regional planning guidelines.

26.

Review of regional planning guidelines.

27.

Regional planning guidelines and development plans.

Chapter IV

Guidelines and Directives

28.

Ministerial guidelines.

29.

Ministerial policy directives.

30.

Limitation on Ministerial power.

31.

Ministerial directions regarding development plans.

PART III

Control of Development

32.

General obligation to obtain permission.

33.

Regulations regarding applications for permission.

34.

Permission for development.

35.

Refusal of planning permission for past failures to comply.

36.

Outline permission.

37.

Appeal to Board.

38.

Availability of documents relating to planning applications.

39.

Supplemental provisions as to grant of permission.

40.

Limit of duration of permission.

41.

Power to vary appropriate period.

42.

Power to extend appropriate period.

43.

Regulations regarding sections 40, 41 and 42.

44.

Revocation or modification of permission.

45.

Acquisition of land for open spaces.

46.

Requiring removal or alteration of structure or discontinuance of use.

47.

Agreements regulating development or use of land.

48.

Development contributions.

49.

Supplementary development contribution schemes.

50.

Judicial review of appeals, referrals and other matters.

PART IV

Architectural Heritage

Chapter I

Protected Structures

51.

Record of protected structures.

52.

Guidelines by Minister for Arts, Heritage, Gaeltacht and the Islands.

53.

Recommendations to planning authorities concerning specific structures.

54.

Additions to and deletions from record of protected structures.

55.

Procedure for making additions or deletions.

56.

Registration under Registration of Title Act, 1964.

57.

Works affecting character of protected structures or proposed protected structures.

58.

Duty of owners and occupiers to protect structures from endangerment.

59.

Notice to require works to be carried out in relation to endangerment of protected structures.

60.

Notice to require restoration of character of protected structures and other places.

61.

Appeals against notices.

62.

Effective date of notices.

63.

Offence relating to endangerment of protected structures.

64.

Owners' powers in relation to notices concerning endangerment or restoration of structures.

65.

Application to District Court for necessary consent.

66.

Jurisdiction of District Court.

67.

Application to court for contribution to cost of carrying out works on endangered structures.

68.

Carrying out of certain works to be exempted development.

69.

Planning authority's power to carry out works to protected structures and other places.

70.

Recovery by planning authority of expenses for carrying out works on endangered structures.

71.

Power to acquire protected structure.

72.

Notice of intention to acquire protected structure compulsorily.

73.

Objection to compulsory acquisition of protected structure.

74.

Vesting order for protected structures.

75.

Form and effect of vesting order.

76.

Registration of acquired title and amendment of vesting order.

77.

Compensation for interest in protected structure.

78.

Use of protected structure acquired by planning authority.

79.

Obligations of sanitary authorities in respect of protected structures.

80.

Grants to planning authorities in respect of functions under this Part.

Chapter II

Architectural Conservation Areas and Areas of Special Planning Control

81.

Architectural conservation areas.

82.

Development in architectural conservation areas.

83.

Power to acquire structure or other land in architectural conservation area.

84.

Area of special planning control.

85.

Special planning control scheme.

86.

Variation and review of scheme.

87.

Development in special planning control area.

88.

Service of notice relating to structures or other land in an area of special planning control.

89.

Implementation of the notice under section 88.

90.

Court may compel compliance with notice under section 88.

91.

Offence to fail to comply with notice under section 88.

92.

Permission not required for any development required under this Chapter.

PART V

Housing Supply

93.

Interpretation.

94.

Housing strategies.

95.

Housing strategies and development plans.

96.

Provision of social and affordable housing, etc.

97.

Development to which section 96 shall not apply.

98.

Allocation of affordable housing.

99.

Controls on resale of certain houses.

100.

Regulations under this Part.

101.

Housing and planning authority functions.

PART VI

An Bord Pleanála

Chapter I

Establishment and Constitution

102.

Continuation of Bord Pleanála.

103.

Board to be body corporate, etc.

104.

Board to consist of chairperson and 7 other members.

105.

Appointment of chairperson.

106.

Appointment of ordinary members.

107.

Appointment of deputy chairperson.

108.

Board's quorum, vacancies, etc.

Chapter II

Organisation, Staffing, etc.

109.

Performance of Board.

110.

Chairperson to ensure efficient discharge of business of Board, etc.

111.

Meetings and procedure of Board.

112.

Divisions of Board.

113.

Prohibition on disclosure of information relating to functions of Board.

114.

Prohibition of certain communications in relation to appeals, etc.

115.

Indemnification of members and employees of Board and other persons.

116.

Grants to Board.

117.

Accounts and audits of Board.

118.

Annual report and information to Minister.

119.

Superannuation of members of Board.

120.

Employees of Board.

121.

Superannuation of employees of Board.

122.

Provision of services by Minister to Board.

123.

Membership of either House of the Oireachtas, etc.

124.

Consultants and advisers to Board.

Chapter III

Appeal Procedures, etc.

125.

Appeals and referrals with which the Board is concerned.

126.

Duty and objective of Board in relation to appeals and referrals.

127.

Provisions as to making of appeals and referrals.

128.

Submission of documents, etc. to Board by planning authorities.

129.

Submissions or observations by other parties.

130.

Submissions or observations by persons other than parties.

131.

Power of Board to request submissions or observations.

132.

Power of Board to require submission of documents, etc.

133.

Powers of Board where notice served under section 131 or 132.

134.

Oral hearings of appeals and referrals.

135.

Supplemental provisions relating to oral hearings.

136.

Convening of meetings on referrals.

137.

Matters other than those raised by parties.

138.

Board may dismiss appeals or referrals if vexatious, etc.

139.

Appeals against conditions.

140.

Withdrawal of appeals, applications and referrals.

141.

Time for decisions and appeals, etc.

142.

Regulations regarding appeals and referrals.

143.

Board to have regard to certain policies and objectives.

144.

Fees payable to Board.

145.

Expenses of appeal or referral.

146.

Reports and documents of the Board.

PART VII

Disclosure of Interests, etc.

147.

Declaration by members, etc. of certain interests.

148.

Requirements affecting members, etc. who have certain beneficial interests.

149.

Supplemental provisions relating to sections 147 and 148.

150.

Codes of conduct.

PART VIII

Enforcement

151.

Offence.

152.

Warning letter.

153.

Decision on enforcement.

154.

Enforcement notice.

155.

Issue of enforcement notice in cases of urgency.

156.

Penalties for offences.

157.

Prosecution of offences.

158.

Offences by bodies corporate.

159.

Payment of fines to planning authorities.

160.

Injunctions in relation to unauthorised development.

161.

Costs of prosecutions and applications for injunctions.

162.

Evidence of permission.

163.

Permission not required for any works required under this Part.

164.

Transitional arrangements for offences.

PART IX

Strategic Development Zones

165.

Interpretation.

166.

Designation of sites for strategic development zones.

167.

Acquisition of site for strategic development zone.

168.

Planning scheme for strategic development zones.

169.

Making of planning scheme.

170.

Application for development in strategic development zone.

171.

Revocation of planning scheme.

PART X

Environmental Impact Assessment

172.

Requirement for environmental impact statement.

173.

Permission for development requiring environmental impact assessment.

174.

Transboundary environmental impacts.

175.

Environmental impact assessment of certain development carried out by or on behalf of local authorities.

176.

Prescribed classes of development requiring assessment.

177.

Prescribed information regarding environmental impact statements.

PART XI

Development by Local and State Authorities, etc.

178.

Restrictions on development by certain local authorities.

179.

Local authority own development.

180.

Taking in charge of estates.

181.

Development by State authorities.

182.

Cables, wires and pipelines.

PART XII

Compensation

Chapter I

Compensation generally

183.

Compensation claims: time limits.

184.

Determination of compensation claim.

185.

Regulations in relation to compensation.

186.

Prohibition of double compensation.

187.

Recovery of compensation from planning authority.

188.

Registration of compensation.

189.

Recovery by planning authority of compensation on subsequent development.

Chapter II

Compensation in relation to decisions under Part III

190.

Right to compensation.

191.

Restriction of compensation.

192.

Notice preventing compensation.

193.

Special provision for structures substantially replacing structures demolished or destroyed by fire.

194.

Restriction on assignment of compensation under section 190.

195.

Compensation where permission is revoked or modified.

Chapter III

Compensation in relation to sections 46, 85, 88, 182, 207 and 252

196.

Compensation regarding removal or alteration of structure.

197.

Compensation regarding discontinuance of use.

198.

Compensation claim relating to area of special planning control.

199.

Compensation regarding cables, wires and pipelines.

200.

Compensation regarding creation of public rights of way.

201.

Compensation regarding entry on land.

PART XIII

Amenities

202.

Area of special amenity.

203.

Confirmation of order under section 202.

204.

Landscape conservation areas.

205.

Tree preservation orders.

206.

Creation of public rights of way pursuant to agreement.

207.

Compulsory powers for creation of public rights of way.

208.

Supplemental provisions with respect to public rights of way.

209.

Repair and tidying of advertisement structures and advertisements.

PART XIV

Acquisition of Land, etc.

210.

Appropriation of land for local authority purposes.

211.

Disposal of land by local authority.

212.

Development by planning authority, etc.

213.

Land acquisition by local authorities.

214.

Transfer of Minister's functions in relation to compulsory acquisition of land to Board.

215.

Transfer of certain Ministerial functions under Roads Acts, 1993 and 1998, to Board.

216.

Confirmation of compulsory purchase order where there are no objections.

217.

Certain time limits in respect of compulsory purchase of land, etc.

218.

Oral hearings in relation to compulsory acquisition of land.

219.

Power to direct payment of certain costs in relation to oral hearing.

220.

Certain procedures to run in parallel.

221.

Objective of the Board in relation to transferred functions.

222.

Amendment of section 10 of Local Government (No. 2) Act, 1960.

223.

References to transferred functions in regulations, etc.

PART XV

Development on the Foreshore

224.

Definition.

225.

Obligation to obtain permission in respect of development on foreshore.

226.

Local authority development on foreshore.

227.

Acquisition of land etc, on foreshore.

228.

Entering on foreshore for certain purposes.

PART XVI

Events and Funfairs

229.

Interpretation.

230.

Obligation to obtain a licence for holding of an event.

231.

Grant of licence.

232.

Codes of practice in relation to event.

233.

Service of notice in relation to events.

234.

General obligations with regard to safety at events.

235.

Powers of inspection in connection with events.

236.

Limitation of civil proceedings.

237.

Consequential provisions for offences.

238.

Holding of event by local authority.

239.

Control of funfairs.

240.

Exclusion of events and funfairs from planning control.

241.

Regulations for event.

PART XVII

Financial Provisions

242.

Expenses of administration of Minister.

243.

Charging of expenses of planning authority that is council of a county.

244.

Apportionment of joint expenses of planning authorities.

245.

Power to set-off.

246.

Fees payable to planning authorities.

PART XVIII

Miscellaneous

247.

Consultations in relation to proposed development.

248.

Information to be provided in electronic form.

249.

Additional requirements for public notification.

250.

Service of notices, etc.

251.

Calculation of appropriate period and other time limits over holidays.

252.

Power of authorised person to enter on land.

253.

Powers of entry in relation to enforcement.

254.

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

255.

Performance of functions by planning authorities.

256.

Amendment of Environmental Protection Agency Act, 1992.

257.

Amendment of Waste Management Act, 1996.

258.

Limitation on connection to sanitary authority sewers.

259.

Limitation of section 53 of the Waterworks Clauses Act, 1847.

260.

Saving for national monuments.

261.

Control of quarries.

262.

Regulations generally.

PART XIX

Commencement, Repeals and Continuance

263.

Interpretation.

264.

Repeals.

265.

Continuity of repealed enactments.

266.

Transitional provisions regarding development plans.

267.

Transitional provisions respecting compulsory acquisition of land.

268.

Miscellaneous transitional provisions.

269.

Regulations to remove difficulties.

270.

Commencement.

PART XX

Amendments of Roads Act, 1993

271.

Amendment of section 57 of Roads Act, 1993.

272.

Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.

273.

Amendment of section 60 of Roads Act, 1993.

274.

Amendment of section 61 of Roads Act, 1993.

275.

Amendment of section 63 of Roads Act, 1993.

276.

Amendment of section 65 of Roads Act, 1993.

277.

Further amendment of Part V of Roads Act, 1993.

FIRST SCHEDULE

Purposes for which objectives may be indicated in Development Plan

Part I

Location and Pattern of Development

Part II

Control of Areas and Structures

Part III

Community Facilities

Part IV

Environment and Amenities

Part V

Infrastructure and Transport

SECOND SCHEDULE

Rules for the Determination of the Amount of Compensation

THIRD SCHEDULE

Development in Respect of which a Refusal of Permission will not Attract Compensation

FOURTH SCHEDULE

Reasons for the Refusal of Permission which Exclude Compensation

FIFTH SCHEDULE

Conditions which May be Imposed, on the Granting of Permission to Develop Land, without Compensation

SIXTH SCHEDULE

Enactments Repealed

Acts Referred to

Acquisition of Land (Assessment of Compensation) Act, 1919

9 & 10 Geo. c. 5

Air Pollution Act, 1987

1987, No. 6

Capital Acquisitions Tax Act, 1976

1976, No. 8

Casual Trading Act, 1995

1995, No. 19

City and County Management (Amendment) Act, 1955

1955, No. 12

Civil Service Regulation Act, 1956

1956, No. 46

Companies Act, 1963

1963, No. 33

Companies Act, 1990

1990, No. 33

Companies Acts, 1963 to 1999

County Management Acts, 1940 to 1994

Derelict Sites Act, 1990

1990, No. 14

Dublin Docklands Development Authority Act, 1997

1997, No. 7

Environmental Protection Agency Act, 1992

1992, No. 7

Ethics in Public Office Act, 1995

1995, No. 22

European Communities Act, 1972

1972, No. 27

European Parliament Elections Act, 1997

1997, No. 2

Foreshore Act, 1933

1933, No. 12

Foreshore Acts, 1933 to 1998

Freedom of Information Act, 1997

1997, No. 13

Harbours Act, 1946

1946, No. 9

Health Act, 1970

1970, No. 1

Holidays (Employees) Act, 1973

1973, No. 25

Housing Act, 1966

1966, No. 21

Housing Act, 1988

1988, No. 28

Housing Acts, 1966 to 1998

Housing (Miscellaneous Provisions) Act, 1992

1992, No. 18

Housing of the Working Classes Act, 1890

53 & 54 Vict. c. 70

Housing (Traveller Accommodation) Act, 1998

1998, No. 33

Land Reclamation Act, 1949

1949, No. 25

Landlord and Tenant Acts, 1967 to 1994

Lands Clauses Consolidation Act, 1845

8 Vict. c. 18

Local Authorities (Officers and Employees) Act, 1926

1926, No. 39

Local Government Act, 1925

1925, No. 5

Local Government Act, 1941

1941, No. 23

Local Government Act, 1946

1946, No. 24

Local Government Act, 1955

1955, No. 9

Local Government Act, 1991

1991, No. 11

Local Government Act, 1994

1994, No. 8

Local Government (Ireland) Act, 1898

61 & 62 Vict. c. 37

Local Government (No. 2) Act, 1960

1960, No. 40

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1976

1976, No. 20

Local Government (Planning and Development) Act, 1982

1982, No. 21

Local Government (Planning and Development) Act, 1983

1983, No. 28

Local Government (Planning and Development) Act, 1990

1990, No. 11

Local Government (Planning and Development) Act, 1992

1992, No. 14

Local Government (Planning and Development) Act, 1993

1993, No. 12

Local Government (Planning and Development) Act, 1998

1998, No. 9

Local Government (Planning and Development) Act, 1999

1999, No. 17

Local Government (Planning and Development) Acts, 1963 to 1999

Local Government (Sanitary Services) Act, 1962

1962, No. 26

Local Government (Sanitary Services) Act, 1964

1964, No. 29

Local Government (Sanitary Services) Act, 1878 to 1995

Local Government (Water Pollution) Act, 1977

1977, No. 1

Mines and Quarries Act, 1965

1965, No. 7

Ministers and Secretaries (Amendment) Act, 1956

1956, No. 21

National Monuments Acts, 1930 to 1994

National Monuments (Amendment) Act, 1987

1987, No. 17

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict. c. 93

Property Values (Arbitration and Appeals) Act, 1960

1960, No. 45

Public Health (Ireland) Act, 1878

41 & 42 Vict. c. 52

Registration of Title Act, 1964

1964, No. 16

Roads Act, 1993

1993, No. 14

Roads Acts, 1993 and 1998

Roads (Amendment) Act, 1998

1998, No. 23

State Property Act, 1954

1954, No. 25

Town and Regional Planning Act, 1934

1934, No. 22

Urban Renewal Act, 1998

1998, No. 27

Vocational Education Act, 1930

1930, No. 29

Waste Management Act, 1996

1996, No. 10

Water Supplies Act, 1942

1942, No. 1

Waterworks Clauses Act, 1847

10 & 11 Vict. c. 17

Wildlife Act, 1976

1976, No. 39

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Number 30 of 2000


PLANNING AND DEVELOPMENT ACT, 2000


AN ACT TO REVISE AND CONSOLIDATE THE LAW RELATING TO PLANNING AND DEVELOPMENT BY REPEALING AND RE-ENACTING WITH AMENDMENTS THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1999; TO PROVIDE, IN THE INTERESTS OF THE COMMON GOOD, FOR PROPER PLANNING AND SUSTAINABLE DEVELOPMENT INCLUDING THE PROVISION OF HOUSING; TO PROVIDE FOR THE LICENSING OF EVENTS AND CONTROL OF FUNFAIRS; TO AMEND THE ENVIRONMENTAL PROTECTION AGENCY ACT, 1992, THE ROADS ACT, 1993, THE WASTE MANAGEMENT ACT, 1996, AND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [28th August, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: