Planning and Development Act, 2000

Number 30 of 2000

PLANNING AND DEVELOPMENT ACT, 2000

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

PART II

Plans and Guidelines

Chapter I

Development Plans

Chapter II

Local Area Plans

Chapter III

Regional Planning Guidelines

Chapter IV

Guidelines and Directives

PART III

Control of Development

PART IV

Architectural Heritage

Chapter I

Protected Structures

Chapter II

Architectural Conservation Areas and Areas of Special Planning Control

PART V

Housing Supply

PART VI

An Bord Pleanála

Chapter I

Establishment and Constitution

Chapter II

Organisation, Staffing, etc.

Chapter III

Appeal Procedures, etc.

PART VII

Disclosure of Interests, etc.

PART VIII

Enforcement

PART IX

Strategic Development Zones

PART X

Environmental Impact Assessment

PART XI

Development by Local and State Authorities, etc.

PART XII

Compensation

Chapter I

Compensation generally

Chapter II

Compensation in relation to decisions under Part III

Chapter III

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

PART XIII

Amenities

PART XIV

Acquisition of Land, etc.

PART XV

Development on the Foreshore

PART XVI

Events and Funfairs

PART XVII

Financial Provisions

PART XVIII

Miscellaneous

PART XIX

Commencement, Repeals and Continuance

PART XX

Amendments 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Enactments Repealed

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:

PART I

Preliminary and General

Short title.

1.— This Act may be cited as the Planning and Development Act, 2000.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“acquisition of land” shall be construed in accordance with section 213 (2), and cognate words shall be construed accordingly;

“the Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act, 1919;

“the Act of 1934” means the Town and Regional Planning Act, 1934 ;

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

“the Act of 1976” means the Local Government (Planning and Development) Act, 1976 ;

“the Act of 1982” means the Local Government (Planning and Development) Act, 1982 ;

“the Act of 1983” means the Local Government (Planning and Development) Act, 1983 ;

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

“the Act of 1992” means the Local Government (Planning and Development) Act, 1992 ;

“the Act of 1993” means the Local Government (Planning and Development) Act, 1993 ;

“the Act of 1998” means the Local Government (Planning and Development) Act, 1998 ;

“the Act of 1999” means the Local Government (Planning and Development) Act, 1999 ;

“advertisement” means any word, letter, model, balloon, inflatable structure, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction;

“advertisement structure” means any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for exhibiting advertisements or any attachment to a building or structure used for advertising purposes;

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the training of horses and the rearing of bloodstock, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;

“alteration” includes—

(a) plastering or painting or the removal of plaster or stucco, or

(b) the replacement of a door, window or roof,

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

“appeal” means an appeal to the Board;

“architectural conservation area” shall be construed in accordance with section 81 (1);

“area of special planning control” shall be construed in accordance with section 85 (8);

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

“the Birds Directive” means Council Directive No. 79/409/EEC of 2 April 1979⁽¹⁾ on the conservation of wild birds;

“Board” means An Board Pleanála;

“chairperson” means the chairperson of the Board,

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

“company”, except in section 149 (5), means a company within the meaning of section 2 of the Companies Act, 1963 , or a company incorporated outside the State;

“Council Directive” means Council Directive No. 85/337/EEC of 27 June 1985⁽¹⁾ on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive No. 97/11/EC of 3 March 1997⁽²⁾ and any directive amending or replacing those directives;

“dangerous substance” has the meaning assigned to it by the Major Accidents Directive;

“deputy chairperson” means the deputy chairperson of the Board;

“development” has the meaning assigned to it by section 3 , and “develop” shall be construed accordingly;

“development plan” means a development plan under section 9 (1);

“endangered” means exposed to harm, decay or damage, whether immediately or over a period of time, through neglect or through direct or indirect means;

“enforcement notice” means an enforcement notice under section 154 ;

“environmental impact statement” means a statement of the effects, if any, which proposed development, if carried out, would have on the environment;

“European site” means—

(a) a site—

(i) notified for the purposes of Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ), subject to any amendments made to it by virtue of Regulation 5 of those regulations, or

(ii) transmitted to the Commission in accordance with Regulation 5(4) of the said regulations, or

(iii) added by virtue of Regulation 6 of the said regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations,

but only until the adoption in respect of the site of a decision by the Commission under Article 21 of the Habitats Directive for the purposes of the third paragraph of Article 4(2) of that Directive,

(b) a site adopted by the Commission as a site of Community importance for the purposes of Article 4(2) of the Habitats Directive in accordance with the procedure laid down in Article 21 of that Directive,

(c) a special area of conservation within the meaning of the European Communities (Natural Habitats) Regulations, 1997,

(d) an area classified pursuant to paragraph (1) or (2) of Article 4 of the Birds Directive;

“exempted development” has the meaning specified in section 4 ;

“exhibit”, in relation to an advertisement, includes affix, inscribe, print, paint, illuminate and otherwise delineate;

“existing establishment” has the meaning that it has in the Major Accidents Directive;

“fence” includes a hoarding or similar structure but excludes any bank, wall or other similar structure composed wholly or mainly of earth or stone;

“functional area” means, in relation to a planning authority—

(a) in the case of the council of a county, its administrative county, excluding any borough or urban district,

(b) in the case of any other planning authority, its administrative area;

“functions” includes powers and duties;

“Gaeltacht” means the Gaeltacht within the meaning of the Ministers and Secretaries (Amendment) Act, 1956 ;

“habitable house” means a house which—

(a) is used as a dwelling,

(b) is not in use but when last used was used, disregarding any unauthorised use, as a dwelling and is not derelict, or

(c) was provided for use as a dwelling but has not been occupied;

“Habitats Directive” means Council Directive No. 92/43/EEC of 21 May 1992⁽¹⁾ on the conservation of natural habitats and of wild fauna and flora;

“house” means a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building;

“integrated pollution control licence” means a licence under Part IV of the Environmental Protection Agency Act, 1992 ;

“land” includes any structure and any land covered with water (whether inland or coastal);

“local area plan” means a local area plan under section 18 ;

“local authority” means a local authority for the purposes of the Local Government Act, 1941 ;

“major accident” has the meaning assigned to it by the Major Accidents Directive;

“Major Accidents Directive” means Council Directive 96/82/EC of 9 December 1996⁽²⁾ on the control of major accident hazards involving dangerous substances;

“manager” means—

(a) with respect to the corporation of a county borough, the manager for the purpose of the Acts relating to the management of the county borough, and

(b) with respect to the council of a county, the corporation of a borough or an urban district council, the manager for the purposes of the County Management Acts, 1940 to 1994;

“Minister” means the Minister for the Environment and Local Government;

“new establishment” has the meaning that it has in the Major Accidents Directive;

“occupier”, in relation to a protected structure or a proposed protected structure, means—

(a) any person in or entitled to immediate use or enjoyment of the structure,

(b) any person entitled to occupy the structure, and

(c) any other person having, for the time being, control of the structure;

“ordinary member” means a member of the Board other than the chairperson;

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

“party to an appeal or referral” means the planning authority and any of the following persons, as appropriate—

(a) the appellant,

(b) the applicant for any permission in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

(c) in the case of a referral under section 5 , the person making the referral, and any other person notified under subsection (2) of that section,

(d) in the case of a referral under section 34 (5), the applicant for the permission which was granted,

(e) in the case of a referral under section 37 (5), the person who made the application for permission which was returned by the planning authority,

(f) any person served or issued by a planning authority with a notice or order, or copy thereof, under sections 44, 45, 46, 88 and 207,

(g) in the case of a referral under section 96 (5), a prospective party to an agreement under section 96 (2),

(h) in the case of an appeal under section 169 , the development agency,

(i) in the case of a referral under section 193 , the person by whom the application for permission for erection of the new structure was made,

(j) the applicant for a licence under section 254 in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

and “party” shall be construed accordingly;

“permission regulations” means regulations under section 33 , 172(2) or 174;

“planning application” means an application to a planning authority in accordance with permission regulations for permission for the development of land required by those regulations;

“planning authority” means—

(a) in the case of a county, exclusive of any borough or urban district therein, the council of the county,

(b) in the case of a county or other borough, the corporation of the borough, and

(c) in the case of an urban district, the council of the urban district,

and references to the area of the planning authority shall be construed accordingly and shall include the functional area of the authority;

“prescribed” means prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly;

“proposed protected structure” means a structure in respect of which a notice is issued under section 12 (3) or under section 55 proposing to add the structure, or a specified part of it, to a record of protected structures, and, where that notice so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;

“protected structure” means—

(a) a structure, or

(b) a specified part of a structure,

which is included in a record of protected structures, and, where that record so indicates, includes any specified feature which is within the attendant grounds of the structure and which would not otherwise be included in this definition;

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

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

“public road” has the same meaning as in the Roads Act, 1993 ;

“record of protected structures” means the record included under section 51 in a development plan;

“referral” means a referral to the Board under section 5 , 34(5), 37(5), 96(5) or 193(2);

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

“regional planning guidelines” means regional planning guidelines made under Chapter III of Part II;

“register” means the register kept under section 7 ;

“registering authority” means a registering authority within the meaning of the Registration of Title Act, 1964 ;

“reserved function” means—

(a) with respect to the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1994, a reserved function for the purposes of those Acts, and

(b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

“risk” has the meaning assigned to it by the Major Accidents Directive;

“road” has the same meaning as in the Roads Act, 1993 ;

“seashore” has the same meaning as in the Foreshore Act, 1933 ;

“shares” includes stock and “share capital” shall be construed accordingly;

“special amenity area order” means an order confirmed under section 203 ;

“State authority” means—

(a) a Minister of the Government, or

(b) the Commissioners;

“statutory undertaker” means a person, for the time being, authorised by or under any enactment or instrument under an enactment to—

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

(b) provide, or carry out works for the provision of, gas, electricity or telecommunications services, or

(c) provide services connected with, or carry out works for the purposes of the carrying on of the activities of, any public undertaking;

“structure” means any building, structure, excavation, or other thing constructed or made on, in or under any land, or any part of a structure so defined, and—

(a) where the context so admits, includes the land on, in or under which the structure is situate, and

(b) in relation to a protected structure or proposed protected structure, includes—

(i) the interior of the structure,

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

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

(iv) all fixtures and features which form part of the interior or exterior of any structure or structures referred to in subparagraph (i) or (iii);

“substratum of land” means any subsoil or anything beneath the surface of land required—

(a) for the purposes of a tunnel or tunnelling or anything connected therewith, or

(b) for any other purpose connected with a scheme within the meaning of the Roads Act, 1993 ;

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

“traveller” means a traveller within the meaning of section 2 of the Housing (Traveller Accommodation) Act, 1998 ;

“unauthorised development” means, in relation to land, the carrying out of any unauthorised works (including the construction, erection or making of any unauthorised structure) or the making of any unauthorised use;

“unauthorised structure” means a structure other than—

(a) a structure which was in existence on 1 October 1964, or

(b) a structure, the construction, erection or making of which was the subject of a permission for development granted under Part IV of the Act of 1963 or deemed to be such under section 92 of that Act or under section 34 of this Act, being a permission which has not been revoked, or which exists as a result of the carrying out of exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act);

“unauthorised use” means, in relation to land, use commenced on or after 1 October 1964, being a use which is a material change in use of any structure or other land and being development other than—

(a) exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act), or

(b) development which is the subject of a permission granted under Part IV of the Act of 1963 or under section 34 of this Act, being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject;

“unauthorised works” means any works on, in, over or under land commenced on or after 1 October 1964, being development other than—

(a) exempted development (within the meaning of section 4 of the Act of 1963 or section 4 of this Act), or

(b) development which is the subject of a permission granted under Part IV of the Act of 1963 or under section 34 of this Act, being a permission which has not been revoked, and which is carried out in compliance with that permission or any condition to which that permission is subject;

“use”, in relation to land, does not include the use of the land by the carrying out of any works thereon;

“warning letter” means a notification in writing under section 152 (1);

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

“works” includes any act or operation of construction, excavation, demolition, extension, alteration, repair or renewal and, in relation to a protected structure or proposed protected structure, includes any act or operation involving the application or removal of plaster, paint, wallpaper, tiles or other material to or from the surfaces of the interior or exterior of a structure.

(2) In this Act—

(a) a reference to a section, Schedule, Chapter or Part is to a section, Schedule, Chapter or Part of this Act, unless it is indicated that reference to some other enactment is intended, and

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) In this Act, a reference to the carrying out of development on behalf of a State authority shall, where that authority is a Minister of the Government, be construed as including a reference to the carrying out of development by the Commissioners on behalf of the Minister.

(4) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.

(5) A reference in this Act to performance of functions includes a reference to the exercise of powers and the performance of duties.

(6) A reference in this Act to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(7) The doing of anything that is required under this Act to be done by resolution shall be a reserved function.

Development.

3.—(1) In this Act, “development” means, except where the context otherwise requires, the carrying out of any works on, in, over or under land or the making of any material change in the use of any structures or other land.

(2) For the purposes of subsection (1) and without prejudice to the generality of that subsection—

(a) where any structure or other land or any tree or other object on land becomes used for the exhibition of advertisements, or

(b) where land becomes used for any of the following purposes—

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

(ii) the storage of caravans or tents, or

(iii) the deposit of vehicles whether or not usable for the purpose for which they were constructed or last used, old metal, mining or industrial waste, builders' waste, rubbish or debris,

the use of the land shall be taken as having materially changed.

(3) For the avoidance of doubt, it is hereby declared that, for the purposes of this section, the use as two or more dwellings of any house previously used as a single dwelling involves a material change in the use of the structure and of each part thereof which is so used.

Exempted development.

4.—(1) The following shall be exempted developments for the purposes of this Act—

(a) development consisting of the use of any land for the purpose of agriculture and development consisting of the use for that purpose of any building occupied together with land so used;

(b) development by the council of a county in its functional area, exclusive of any borough or urban district;

(c) development by the corporation of a county or other borough in that borough;

(d) development by the council of an urban district in that district;

(e) development consisting of the carrying out by the corporation of a county or other borough or the council of a county or an urban district of any works required for the construction of a new road or the maintenance or improvement of a road;

(f) development carried out on behalf of, or jointly or in partnership with, a local authority that is a planning authority, pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity;

(g) development consisting of the carrying out by any local authority or statutory undertaker of any works for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, cables, overhead wires, or other apparatus, including the excavation of any street or other land for that purpose;

(h) development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure, being works which affect only the interior of the structure or which do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures;

(i) development consisting of the thinning, felling and replanting of trees, forests and woodlands, the construction, maintenance and improvement of non-public roads serving forests and woodlands and works ancillary to that development, not including the replacement of broadleaf high forest by conifer species;

(j) development consisting of the use of any structure or other land within the curtilage of a house for any purpose incidental to the enjoyment of the house as such;

(k) development consisting of the use of land for the purposes of a casual trading area (within the meaning of the Casual Trading Act, 1995 );

(l) development consisting of the carrying out of any of the works referred to in the Land Reclamation Act, 1949 , not being works comprised in the fencing or enclosure of land which has been open to or used by the public within the ten years preceding the date on which the works are commenced.

(2) (a) The Minister may by regulations provide for any class of development to be exempted development for the purposes of this Act where he or she is of the opinion that—

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

(ii) the development is authorised, or is required to be authorised, by or under any enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) where the enactment concerned requires there to be consultation (howsoever described) with members of the public in relation to the proposed development prior to the granting of the authorisation (howsoever described).

(b) Regulations under paragraph (a) may be subject to conditions and be of general application or apply to such area or place as may be specified in the regulations.

(c) Regulations under this subsection may, in particular and without prejudice to the generality of paragraph (a), provide, in the case of structures or other land used for a purpose of any specified class, for the use thereof for any other purpose being exempted development for the purposes of this Act.

(3) A reference in this Act to exempted development shall be construed as a reference to development which is—

(a) any of the developments specified in subsection (1), or

(b) development which, having regard to any regulations under subsection (2), is exempted development for the purposes of this Act.

(4) The Minister may, in connection with the Council Directive, prescribe development or classes of development which, notwithstanding subsection (1)(a), shall not be exempted development.

(5) Before making regulations under this section, the Minister shall consult with any other State authority where he or she or that other State authority considers that any such regulation relates to the functions of that State authority.

Declaration and referral on development and exempted development.

5.—(1) If any question arises as to what, in any particular case, is or is not development or is or is not exempted development within the meaning of this Act, any person may, on payment of the prescribed fee, request in writing from the relevant planning authority a declaration on that question, and that person shall provide to the planning authority any information necessary to enable the authority to make its decision on the matter.

(2) (a) Subject to paragraph (b), a planning authority shall issue the declaration on the question that has arisen and the main reasons and considerations on which its decision is based to the person who made the request under subsection (1), and, where appropriate, the owner and occupier of the land in question, within 4 weeks of the receipt of the request.

(b) A planning authority may require any person who made a request under subsection (1) to submit further information with regard to the request in order to enable the authority to issue the declaration on the question and, where further information is received under this paragraph, the planning authority shall issue the declaration within 3 weeks of the date of the receipt of the further information.

(c) A planning authority may also request persons in addition to those referred to in paragraph (b) to submit information in order to enable the authority to issue the declaration on the question.

(3) (a) Where a declaration is issued under this section, any person issued with a declaration under subsection (2)(a) may, on payment to the Board of such fee as may be prescribed, refer a declaration for review by the Board within 4 weeks of the date of the issuing of the declaration.

(b) Without prejudice to subsection (2), in the event that no declaration is issued by the planning authority, any person who made a request under subsection (1) may, on payment to the Board of such fee as may be prescribed, refer the question for decision to the Board within 4 weeks of the date that a declaration was due to be issued under subsection (2).

(4) Notwithstanding subsection (1), a planning authority may, on payment to the Board of such fee as may be prescribed, refer any question as to what, in any particular case, is or is not development or is or is not exempted development to be decided by the Board.

(5) The details of any declaration issued by a planning authority or of a decision by the Board on a referral under this section shall be entered in the register.

(6) (a) The Board shall keep a record of any decision made by it on a referral under this section and the main reasons and considerations on which its decision is based and shall make it available for purchase and inspection.

(b) The Board may charge a specified fee, not exceeding the cost of making the copy, for the purchase of a copy of the record referred to in paragraph (a).

(c) The Board shall, from time to time and at least once a year, forward to each planning authority a copy of the record referred to in paragraph (a).

(d) A copy of the said record shall, at the request of a member of a planning authority, be given to that member by the manager of the planning authority concerned.

(7) A planning authority, before making a declaration under this section, shall consider the record forwarded to it in accordance with subsection (6)(c).

Power of examination, investigation and survey.

6.—A planning authority and the Board shall each have all such powers of examination, investigation and survey as may be necessary for the performance of their functions in relation to this Act or to any other Act.

Planning register.

7.—(1) A planning authority shall keep a register for the purposes of this Act in respect of all land within its functional area, and shall make all such entries and corrections therein as may be appropriate in accordance with subsection (2), and the other provisions of this Act and the regulations made under this Act.

(2) A planning authority shall enter in the register—

(a) particulars of any application made to it under this Act for permission for development, for retention of development 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),

(b) where an environmental impact statement was submitted in respect of an application, an indication of this fact,

(c) where a development, to which an application relates, comprises or is for the purposes of an activity in respect of which an integrated pollution control licence or a waste management licence is required, or a licence under the Local Government (Water Pollution) Act, 1977 , is required in respect of discharges from the development, a statement as to that requirement,

(d) where the development to which the application relates would materially affect a protected structure or is situated in an area declared to be an area of special amenity under section 202 , an indication of this fact,

(e) the complete decision of the planning authority in respect of any such application, including any conditions imposed, and the date of the decision,

(f) the complete decision on appeal of the Board in respect of any such application, including any conditions imposed, and the date of the decision,

(g) where the requirements of section 34 (6) in regard to the material contravention of the development plan have been complied with, a statement of this fact,

(h) particulars of any declaration made by a planning authority under section 5 or any decision made by the Board on a referral under that section,

(i) particulars of any application made under section 42 to extend the appropriate period of a permission,

(j) particulars of any decision to revoke or modify a permission in accordance with section 44 ,

(k) particulars under section 45 of any order, of any decision on appeal or of any acquisition notice for compulsory acquisition of land for open space,

(l) particulars of any notice under section 46 requiring removal or alteration of any structure, or requiring discontinuance of any use or the imposition of conditions on the continuance thereof, including the fact of its withdrawal, if appropriate,

(m) particulars of any agreement made under section 47 for the purpose of restricting or regulating the development or use of the land,

(n) particulars of any declaration issued by the planning authority under section 57 , including the details of any review of the declaration,

(o) particulars of any declaration issued by the planning authority under section 87 , including the details of any review of the declaration,

(p) particulars of any notice under section 88 in respect of land in an area of special planning control, including, where such notice is withdrawn, the fact of its withdrawal,

(q) particulars of any certificate granted under section 97 ,

(r) particulars of any warning letter issued under section 152 , including the date of issue of the letter and the fact of its withdrawal, if appropriate,

(s) the complete decision made under section 153 on whether an enforcement notice should issue, including the date of the decision,

(t) particulars of any enforcement notice issued under section 154 , including the date of the notice and the fact of its withdrawal or that it has been complied with, if appropriate,

(u) particulars of any statement prepared under section 188 concerning a claim for compensation under this Act,

(v) particulars of any order under section 205 requiring the preservation of any tree or trees, including the fact of any amendment or revocation of the order,

(w) particulars of any agreement under section 206 for the creation of a public right of way over land,

(x) particulars of any public right of way created by order under section 207 ,

(y) particulars of any information relating to the operation of a quarry provided in accordance with section 261 , and

(z) any other matters as may be prescribed by the Minister.

(3) The planning authority shall make the entries and corrections as soon as may be after the receipt of any application, the making of any decision or agreement or the issue of any letter, notice or statement, as appropriate.

(4) The register shall incorporate a map for enabling a person to trace any entry in the register.

(5) The planning authority may keep the information on the register, including the map incorporated under subsection (4), in a form in which it is capable of being used to make a legible copy or reproduction of any entry in the register.

(6) (a) The register shall be kept at the offices of the planning authority and shall be available for inspection during office hours.

(b) The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of the register.

(7) Every document purporting to be a copy of an entry in a register maintained by a planning authority under this section and purporting to be certified by an officer of the planning authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was such an officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(8) Evidence of an entry in a register under this section may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

(9) Where an application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him or her to the planning authority of the specified fee in respect of each entry.

Obligation to give information to local authority.

8.—(1) A local authority may, for any purpose arising in relation to its functions under this Act or any other enactment, by notice in writing require the occupier of any structure or other land or any person receiving, whether for himself or herself or for another, rent out of any structure or other land to state in writing to the authority, within a specified time not less than 2 weeks after being so required, particulars of the estate, interest, or right by virtue of which he or she occupies the structure or other land or receives the rent, as the case may be, and the name and address (so far as they are known to him or her) of every person who to his or her knowledge has any estate or interest in, or right over, or in respect of, the structure or other land.

(2) Every person who is required under this section to state in writing any matter or thing to a local authority and either fails so to state the matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his or her knowledge false or misleading in a material respect, shall be guilty of an offence.

PART II

Plans and Guidelines

Chapter I

Development Plans

Obligation to make development plan.

9.—(1) Every planning authority shall every 6 years make a development plan.

(2) Subject to subsection (3), a development plan shall relate to the whole functional area of the authority.

(3) (a) A planning authority which is a county borough corporation, a borough corporation or an urban district council may, with the agreement of one or more planning authorities which are adjoining county councils, or on the direction of the Minister shall, make a single development plan for the area and the environs of the county borough, borough or urban district, as the case may be.

(b) Where it is proposed to make a development plan under paragraph (a), the planning authorities concerned shall make whatever arrangements they see fit to prepare the plan including the carrying out of the requirements of this Chapter as a joint function of the authorities concerned (and this Chapter shall be construed accordingly) except that where decisions are reserved to the members of the planning authorities concerned the decisions must be made by the members of each authority concerned subject to any agreement which those authorities may make for the resolution of differences between any such reserved decisions.

(4) In making a development plan in accordance with this Chapter, a planning authority shall have regard to the development plans of adjoining planning authorities and shall co-ordinate the objectives in the development plan with the objectives in the plans of those authorities except where the planning authority considers it to be inappropriate or not feasible to do so.

(5) In making a development plan in accordance with this Chapter, a planning authority shall take into account any significant likely effects the implementation of the plan may have on the area of any adjoining planning authority having regard in particular to any observations or submissions made by the adjoining authority.

(6) A development plan shall in so far as is practicable be consistent with such national plans, policies or strategies as the Minister determines relate to proper planning and sustainable development.

(7) (a) The Minister may require 2 or more planning authorities to co-ordinate the development plans for their areas generally or in respect of specified matters and in a manner specified by the Minister.

(b) Any dispute between the planning authorities in question arising out of the requirement under paragraph (a) shall be determined by the Minister.

Content of development plans.

10.—(1) A development plan shall set out an overall strategy for the proper planning and sustainable development of the area of the development plan and shall consist of a written statement and a plan or plans indicating the development objectives for the area in question.

(2) Without prejudice to the generality of subsection (1), a development plan shall include objectives for—

(a) the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space or otherwise, or a mixture of those uses), where and to such extent as the proper planning and sustainable development of the area, in the opinion of the planning authority, requires the uses to be indicated;

(b) the provision or facilitation of the provision of infrastructure including transport, energy and communication facilities, water supplies, waste recovery and disposal facilities (regard having been had to the waste management plan for the area made in accordance with the Waste Management Act, 1996 ), waste water services, and ancillary facilities;

(c) the conservation and protection of the environment including, in particular, the archaeological and natural heritage and the conservation and protection of European sites and any other sites which may be prescribed for the purposes of this paragraph;

(d) the integration of the planning and sustainable development of the area with the social, community and cultural requirements of the area and its population;

(e) the preservation of the character of the landscape where, and to the extent that, in the opinion of the planning authority, the proper planning and sustainable development of the area requires it, including the preservation of views and prospects and the amenities of places and features of natural beauty or interest;

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

(g) the preservation of the character of architectural conservation areas;

(h) the development and renewal of areas in need of regeneration;

(i) the provision of accommodation for travellers, and the use of particular areas for that purpose;

(j) the preservation, improvement and extension of amenities and recreational amenities;

(k) the control, having regard to the provisions of the Major Accidents Directive and any regulations, under any enactment, giving effect to that Directive, of—

(i) siting of new establishments,

(ii) modification of existing establishments, and

(iii) development in the vicinity of such establishments,

for the purposes of reducing the risk, or limiting the consequences, of a major accident;

(l) the provision, or facilitation of the provision, of services for the community including, in particular, schools, crèches and other education and childcare facilities, and

(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.

(3) Without prejudice to subsection (2), a development plan may indicate objectives for any of the purposes referred to in the First Schedule.

(4) The Minister may prescribe additional objectives for the purposes of subsection (2) or for the purposes of the First Schedule.

(5) (a) A development plan shall contain information on the likely significant effects on the environment of implementing the plan.

(b) The Minister may by regulations make further provisions in relation to the manner in which paragraph (a) may be complied with.

(6) Where a planning authority proposes to include in a development plan any development objective the responsibility for the effecting of which would fall on another local authority, the planning authority shall not include that objective in the plan except after consultation with the other local authority.

(7) A development plan may indicate that specified development in a particular area will be subject to the making of a local area plan.

(8) There shall be no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) shall remain so zoned in any subsequent development plan.

Preparation of draft development plan.

11.—(1) Not later than 4 years after the making of a development plan, a planning authority shall give notice of its intention to review its existing development plan and to prepare a new development plan for its area.

(2) A notice under subsection (1) shall be given to the Minister, any prescribed authorities, any adjoining planning authorities, the Board, any relevant regional authority and any town commissioners and city and county development boards within the functional area of the authority and shall be published in one or more newspapers circulating in the area to which the development plan relates and shall—

(a) state that the planning authority intends to review the existing development plan and to prepare a new development plan,

(b) indicate that submissions or observations regarding the review of the existing plan and the preparation of a new development plan may be made in writing to the planning authority within a specified period (which shall not be less than 8 weeks),

(c) indicate the time during which and the place or places where any background papers or draft proposals (if any) regarding the review of the existing plan and the preparation of the new development plan may be inspected.

(3) (a) As soon as may be after giving notice under this section of its intention to review a development plan and to prepare a new development plan, a planning authority shall take whatever additional measures it considers necessary to consult with the general public and other interested bodies.

(b) Without prejudice to the generality of paragraph (a), a planning authority shall hold public meetings and seek written submissions regarding all or any aspect of the proposed development plan and may invite oral submissions to be made to the planning authority regarding the plan.

(c) In addition to paragraphs (a) and (b), a planning authority shall take whatever measures it considers necessary to consult with the providers of energy, telecommunications, transport and any other relevant infrastructure and of education, health, policing and other services in order to ascertain any long-term plans for the provision of the infrastructure and services in the area of the planning authority and the providers shall furnish the necessary information to the planning authority.

(4) (a) Not later than 16 weeks after giving notice under subsection (1), the manager of a planning authority shall prepare a report on any submissions or observations received under subsection (2) or (3) and the matters arising out of any consultations under subsection (3).

(b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section as well as any persons or bodies consulted by the authority,

(ii) summarise the issues raised in the submissions and during the consultations, where appropriate,

(iii) give the opinion of the manager to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, and

(iv) state the manager's recommendations on the policies to be included in the draft development plan.

(c) A report under paragraph (a) shall be submitted to the members of the planning authority, or to a committee of the planning authority, as may be decided by the members of the authority, for their consideration.

(d) Following the consideration of a report under paragraph (c), the members of the planning authority or of the committee, as the case may be, may issue directions to the manager regarding the preparation of the draft development plan, and any such directions must 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, and the manager shall comply with any such directions.

(e) Directions under paragraph (d) shall be issued not later than 10 weeks after the submission of a report in accordance with paragraph (c).

(f) In issuing directions under paragraph (d), the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates.

(5) (a) The manager shall, not later than 12 weeks following the receipt of any directions under subsection (4)(d), prepare a draft development plan and submit it to the members of the planning authority for their consideration.

(b) The members of a planning authority shall, as soon as may be, consider the draft development plan submitted by the manager in accordance with paragraph (a).

(c) Where the draft development plan has been considered in accordance with paragraph (b), it shall be deemed to be the draft development plan, unless, within 8 weeks of the submission of the draft development plan under paragraph (a), the planning authority, by resolution, amends that draft development plan.

Making of development plan.

12.—(1) Where the draft development plan has been prepared in accordance with section 11 , the planning authority shall within 2 weeks of the period referred to in section 11 (5)(c)—

(a) send notice and a copy of the draft development plan to the Minister, the Board, the prescribed authorities, any town commissioners in the area and any city or county development boards in the area, any town commissioners and city and county development boards within the area, and

(b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.

(2) A notice under subsection (1) shall state that—

(a) a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and

(b) written submissions or observations with respect to the draft made to the planning authority within the stated period will be taken into consideration before the making of the plan.

(3) (a) Where the draft includes any provision relating to any addition to or deletion from the record of protected structures, the planning authority shall serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion, including the particulars.

(b) A notice under paragraph (a) shall state—

(i) that a copy of the proposed addition or deletion may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly),

(ii) that written submissions or observations with respect to the proposed addition or deletion made to the planning authority within the stated period will be taken into consideration before the making of the addition or deletion,

(iii) whether or not the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, and

(iv) that, if the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward to that Minister for his or her observations a copy of any submission or observation made under subparagraph (ii) (and any such observations shall be taken into consideration accordingly).

(4) (a) Not later than 22 weeks after giving notice under subsection (1) and, if appropriate, subsection (3), the manager of a planning authority shall prepare a report on any submissions or observations received under subsection (2) or (3) and submit the report to the members of the authority for their consideration.

(b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section,

(ii) summarise the issues raised by the persons or bodies in the submissions or observations, and

(iii) give the response of the manager to the issues raised, taking account of any directions of the members of the authority or the committee under section 11 (4), 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 of the Government or of any Minister of the Government and, if appropriate, any observations made by the Minister for Arts, Heritage, Gaeltacht and the Islands under subsection (3)(b)(iv).

(5) (a) The members of a planning authority shall consider the draft plan and the report of the manager under subsection (4).

(b) The consideration of a draft plan and the manager's report under paragraph (a) shall be completed within 12 weeks of the submission of the manager's report to the members of the authority.

(6) Where, following the consideration of the draft development plan and the manager's report, it appears to the members of the authority that the draft should be accepted or amended, subject to subsection (7), they may, by resolution, accept or amend the draft and make the development plan accordingly.

(7) (a) In case 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.

(b) A notice under paragraph (a) shall state that—

(i) a copy of the proposed amendment of the draft development 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

(ii) written submissions or observations with respect to the proposed amendment of the draft made to the planning authority within the stated period shall be taken into consideration before the making of any amendment.

(8) (a) Not later than 8 weeks after giving notice under subsection (7), the manager of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration.

(b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section,

(ii) summarise the issues raised by the persons or bodies in the submissions,

(iii) give the response of the manager to the issues raised, taking account of the directions of the members of the authority or the committee under section 11 (4), 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.

(9) (a) The members of a planning authority shall consider the amendment and the report of the manager under subsection (8).

(b) The consideration of the amendment and the manager's report under paragraph (a) shall be completed not later than 6 weeks after the submission of the manager's report to the members of the authority.

(10) (a) The members of the authority shall, by resolution, having considered the amendment and the manager's report, make the plan with or without the proposed amendment, except that where they decide to accept the amendment they may do so subject to any modifications to the amendment as they consider appropriate.

(b) The requirements of subsections (7) to (9) shall not apply in relation to modifications made in accordance with paragraph (a).

(11) In making the development plan under subsection (6) or (10), the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.

(12) (a) Where a planning authority makes a development plan, it shall publish a notice of the making of the plan in at least one newspaper circulating in its area.

(b) A notice under this subsection shall state that a copy of the plan is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

(c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the development plan to the Minister, the prescribed authorities, any adjoining planning authorities, the Board, any town commissioners and city and county development boards within its area.

(13) As soon as may be after making an addition to or a deletion from the record of protected structures under this section, a planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.

(14) Where a planning authority fails to make a development plan within 2 years of the giving of notice under section 11 (1), notwithstanding any other provision of this Part, the manager shall make the plan subject to the proviso that so much of the plan that has been agreed by the members of the planning authority shall be included as part of the plan as made by the manager.

(15) When considering the draft development plan, or amendments thereto, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding such plan or amendment.

(16) A person shall not question the validity of the development plan by reason only that the procedures as set out under subsections (3) to (5) of section 11 and subsections (1), (4), (5), (6), (8) and (9) of this section were not completed within the time required under the relevant subsection.

(17) A development plan made under this section shall have effect 4 weeks from the day that it is made.

Variation of development plan.

13.—(1) A planning authority may at any time, for stated reasons, decide to make a variation of a development plan which for the time being is in force.

(2) Where a planning authority proposes to make a variation in a development plan, it shall—

(a) send notice and copies of the proposed variation of the development plan to the Minister, the Board and, where appropriate, to any adjoining planning authority, the prescribed authorities, any town commissioners and city and county development boards within the area of the development plan,

(b) publish notice of the proposed variation of the development plan in one or more newspapers circulating in that area.

(3) A notice under subsection (2) shall state—

(a) the reason or reasons for the proposed variation,

(b) that a copy of the proposed variation may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks (and the copy of the draft variation shall be kept available for inspection accordingly), and

(c) that written submissions or observations with respect to the proposed variation made to the planning authority within the said period will be taken into consideration before the making of the variation.

(4) (a) Not later than 8 weeks after giving notice under subsection (2)(b), the manager of a planning authority shall prepare a report on any submissions or observations received under that subsection and shall submit the report to the members of the authority for their consideration.

(b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section,

(ii) summarise the issues raised by the persons or bodies in the submissions,

(iii) give the response of the manager to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

(5) (a) The members of a planning authority shall consider the proposed variation and the report of the manager under subsection (4).

(b) The consideration of the variation and the manager's report under paragraph (a) shall be completed not later than 6 weeks after the submission of the manager's report to the members of the authority.

(6) (a) The members of a planning authority, having considered the proposed variation and manager's report, may, by resolution as they consider appropriate, make the variation, with or without modifications, or they may refuse to make it.

(b) The requirements of subsections (2) to (5) shall not apply in relation to modifications made in accordance with paragraph (a).

(7) In making a variation under this section, the members of the authority shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.

(8) (a) Where a planning authority makes a variation in a development plan, it shall publish a notice of the making of the variation in at least one newspaper circulating in its area.

(b) A notice under this subsection shall state that a copy of the development plan as varied is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

(c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the variation to the Minister, the Board and, where appropriate, to the prescribed authorities, any adjoining planning authorities, any town commissioners and city and county development boards within its area.

(9) When considering a variation of a development plan in accordance with this section, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding the variation.

(10) A person shall not question the validity of a variation in a development plan by reason only that the procedures as set out in this section were not completed within the time required.

(11) A variation made to a development plan shall have effect from the day that the variation is made.

Public rights of way in development plans.

14.—(1) Where a planning authority proposes to include, for the first time, a provision in a development plan relating to the preservation of a specific public right of way, it shall serve notice (which shall include particulars of the provision and a map indicating the right of way) of its intention to do so on any owner and occupier of the land over which the right of way exists.

(2) A notice served under subsection (1) shall state that—

(a) the planning authority proposes to include a provision in the development plan relating to the preservation of the public right of way,

(b) written submissions or observations regarding the proposal may be made to the planning authority within a stated period of not less than 6 weeks and that the submissions or observations will be taken into consideration by the planning authority, and

(c) where, following consideration of any submissions or observations received under paragraph (b), the planning authority considers that the provision should be adopted, or adopted subject to modifications, a right of appeal to the Circuit Court exists in relation to such provision.

(3) The members of a planning authority, having considered the proposal and any submissions or observations made in respect of it, may, by resolution as they consider appropriate, recommend the inclusion of the provision in the development plan, with or without modifications, or may recommend against its inclusion and any person on whom notice has been served under subsection (1) shall be notified of the recommendation accordingly and a copy of such notice shall be published in at least one newspaper circulating in the area.

(4) Any person who has been notified of the recommendation of the planning authority under subsection (3) may, before the expiration of the 21 days next following the notification, appeal to the Circuit Court against the inclusion in the development plan of the proposed provision, and the Court, if satisfied that no public right of way exists, shall so declare and the provision shall accordingly not be included.

(5) (a) The taking of an appeal under subsection (4) shall not prejudice the making of a development plan under section 12 except in regard to the inclusion of the proposed provision which is before the Court.

(b) Where a development plan has been made under section 12 and the Court, having considered an appeal under subsection (4), decides that the public right of way exists, the proposed provision under this section shall be deemed to be part of the development plan.

(6) Where any existing development plan contains any provision relating to the preservation of a public right of way, the provision may be included in any subsequent development plan without the necessity to comply with this section.

(7) (a) Nothing in this section shall affect the existence or validity of any public right of way which is not included in the development plan.

(b) The inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown.

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

15.—(1) It shall be the duty of a planning authority to take such steps within its powers as may be necessary for securing the objectives of the development plan.

(2) The manager of a planning authority shall, not more than 2 years after the making of a development plan, give a report to the members of the authority on the progress achieved in securing the objectives referred to in subsection (1).

Copies of development plans.

16.—(1) A planning authority shall make available for inspection and purchase by members of the public copies of a development plan and of variations of a development plan and extracts therefrom.

(2) A planning authority shall make available for inspection and purchase by members of the public copies of a report of a manager of a planning authority prepared under sections 11(4), 12(4) and (8) and 13(4) and extracts therefrom.

(3) Copies of the development plan and of variations of a development plan and reports of the manager referred to in subsection (2) and extracts therefrom shall be made available for purchase on payment of a specified fee not exceeding the reasonable cost of making a copy.

Evidence of development plans.

17.—(1) A document purporting to be a copy of a part or all of a development plan and to be certified by an officer of a planning authority as a correct copy shall be evidence of the plan or part, unless the contrary is shown, and it shall not be necessary to prove the signature of the officer or that he or she was in fact such an officer.

(2) Evidence of all or part of a development plan may be given by production of a copy thereof certified in accordance with this subsection and it shall not be necessary to produce the plan itself.

Chapter II

Local Area Plans

Local area plans.

18.—(1) A planning authority may at any time, and for any particular area within its functional area, prepare a local area plan in respect of that area.

(2) Two or more planning authorities may co-operate in preparing a local area plan in respect of any area which lies within the combined functional area of the authorities concerned.

(3) (a) When considering an application for permission under section 34 , a planning authority, or the Board on appeal, shall have regard to the provisions of any local area plan prepared for the area to which the application relates, and the authority or the Board may also consider any relevant draft local plan which has been prepared but not yet made in accordance with section 20 .

(b) When considering an application for permission, a planning authority, or the Board on appeal, shall also have regard to any integrated area plan (within the meaning of the Urban Renewal Act, 1998 ) for the area to which the application relates.

(4) (a) A local area plan prepared under this section shall indicate the period for which the plan is to remain in force.

(b) A local area plan may remain in force in accordance with paragraph (a) notwithstanding the variation of a development plan or the making of a new development plan affecting the area to which the local area plan relates except that, where any provision of a local area plan conflicts with the provisions of the development plan as varied or the new development plan, the provision of the local area plan shall cease to have any effect.

(5) A planning authority may at any time amend or revoke a local area plan.

(6) A planning authority may enter into an arrangement with any suitably qualified person or local community group for the preparation, or the carrying out of any aspect of the preparation, of a local area plan.

Application and content of local area plans.

19.—(1) (a) A local area plan may be prepared in respect of any area, including a Gaeltacht area, or an existing suburb of an urban area, which the planning authority considers suitable and, in particular, for those areas which require economic, physical and social renewal and for areas likely to be subject to large scale development within the lifetime of the plan.

(b) A local area plan shall be made in respect of an area which—

(i) is designated as a town in the most recent census of population, other than a town designated as a suburb or environs in that census,

(ii) has a population in excess of 2,000, and

(iii) is situated within the functional area of a planning authority which is a county council.

(c) Section 20 (3)(a) shall be complied with—

(i) in the case of the first local area plan, not later than 2 years after the making of a development plan under this Part, and

(ii) notwithstanding section 18 (5), at least every 6 years after the making of the previous local area plan.

(2) A local area plan shall be consistent with the objectives of the development plan and shall consist of a written statement and a plan or plans indicating the objectives in such detail as may be determined by the planning authority for the proper planning and sustainable development of the area to which it applies, including detail on community facilities and amenities and on standards for the design of developments and structures.

(3) The Minister may provide in regulations that local area plans shall be prepared in respect of certain classes of areas or in certain circumstances and a planning authority shall comply with any such regulations.

(4) (a) A local area plan shall contain information on the likely significant effects on the environment of implementing the plan.

(b) The Minister may by regulations make further provisions in relation to the manner in which paragraph (a) may be complied with.

Consultation and adoption of local area plans.

20.—(1) A planning authority shall take whatever steps it considers necessary to consult the public before preparing, amending or revoking a local area plan including consultations with any local residents, public sector agencies, non-governmental agencies, local community groups and commercial and business interests within the area.

(2) A planning authority shall consult údarás na Gaeltachta before making, amending or revoking a local area plan under subsection (3) for an area which includes a Gaeltacht area.

(3)  (a) The planning authority shall, as soon as may be after consideration of any matters arising out of consultations under subsections (1) or (2) but before making, amending or revoking a local area plan—

(i) send notice of the proposal to make, amend or revoke a local area plan to the Board and to the prescribed authorities (and, where applicable, it shall enclose a copy of the proposed plan or amended plan),

(ii) publish a notice of the proposal in one or more newspapers circulating in its area.

(b) A notice under paragraph (a) shall state—

(i) that the planning authority proposes to make, amend or revoke a local area plan,

(ii) that a copy of the proposal to make, amend or revoke the local area plan and (where appropriate) the proposed local area plan, or proposed amended plan, 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 less than 6 weeks),

(iii) that submissions or observations in respect of the proposal made to the planning authority during such period will be taken into consideration in deciding upon the proposal.

(c) (i) Not later than 12 weeks after giving notice under paragraph (b), the manager of a planning authority shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and shall submit the report to the members of the planning authority for their consideration.

(ii) A report under subparagraph (i) shall—

(I) list the persons who made submissions or observations,

 (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 local area plan, amendment to a local area plan or revocation of a local area plan, as the case may be, 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.

(d) (i) The members of a planning authority shall consider the proposal to make, amend or revoke a local area plan and the report of the manager under paragraph (c).

(ii) Following consideration of the manager's report under subparagraph (i), the local area plan shall be deemed to be made, amended or revoked, as appropriate, in accordance with the recommendations of the manager as set out in his or her report, 6 weeks after the furnishing of the report to all the members of the authority, unless the planning authority, by resolution, varies or modifies the proposal, otherwise than as recommended in the manager's report, or where appropriate decides not to make, amend or revoke, as the case may be, the plan.

(4) The Minister may make regulations or issue guidelines in relation to the preparation of local area plans.

(5) A planning authority shall send a copy of any local area plan made under this Chapter to any bodies consulted under subsection (1), (2) or (3), the Board and, where appropriate, any prescribed body.

Chapter III

Regional Planning Guidelines

Power to make regional planning guidelines.

21.—(1) A regional authority may, after consultation with the planning authorities within its region, or shall at the direction of the Minister, make regional planning guidelines.

(2) Regional planning guidelines may be made for a whole region or for one or more parts of a region.

(3) (a) The Minister may direct one or more regional authorities to make regional planning guidelines in respect of the combined area of the regional authorities involved or in respect of any particular part or parts of the area which lie within the area of those regional authorities.

(b) Where it is proposed to make regional planning guidelines, the regional authorities concerned shall make whatever arrangements they see fit to prepare the guidelines, including the carrying out of the functions of this Chapter as a joint function of the authorities concerned, and this Chapter shall be construed accordingly.

(4) Notwithstanding any other provision of this Act, the strategic planning guidelines for the greater Dublin area prepared for Dublin Corporation, Dún Laoghaire-Rathdown County Council, Fingal County Council, Kildare County Council, Meath County Council, South Dublin County Council, Wicklow County Council and the Department of the Environment and Local Government in conjunction with the Dublin Regional Authority and the Mid-East Regional Authority published on 25 March, 1999, shall have effect as if made under this Part.

(5) The Minister may make regulations concerning the making of regional planning guidelines and related matters.

Co-operation of planning authorities with regional authority.

22.—(1) Where a regional authority intends to make regional planning guidelines in accordance with section 24 , or to review existing guidelines under section 26 , it shall, as soon as may be, consult with all the planning authorities within the region (or part thereof, as the case may be) in order to make the necessary arrangements for making the guidelines.

(2)  (a) A planning authority shall assist and co-operate with a regional authority in making arrangements for the preparation of regional planning guidelines and in carrying out the preparation of the guidelines.

(b) The provision of assistance under paragraph (a) shall include the provision of financial assistance, the services of staff and the provision of accommodation, where necessary, and the regional authorities and planning authorities shall agree on such matters based on the proportion of the population of the area for which the regional planning guidelines are prepared resident in the functional areas of the planning authorities concerned.

(c) In the absence of agreement under paragraph (b), a regional authority may request the relevant planning authorities to provide assistance under this section, and the request shall be based on the proportion of the population of the area for which the regional planning guidelines are prepared resident in the functional areas of the planning authorities concerned, and a planning authority shall not refuse a reasonable request for assistance.

Content and objectives of regional planning guidelines.

23.—(1) (a) The objective of regional planning guidelines shall be to provide a long-term strategic planning framework for the development of the region for which the guidelines are prepared.

(b) The planning framework referred to in paragraph (a) shall consider the future development of the region for which the guidelines are prepared for a period of not less than 12 years and not more than 20 years.

(2) The guidelines shall address, for the whole of the region to which the guidelines relate, in accordance with the principles of proper planning and sustainable development, the following matters—

(a) projected population trends and settlement and housing strategies;

(b) economic and employment trends;

(c) the location of industrial and commercial development;

(d) transportation, including public transportation;

(e) water supply and waste water-facilities;

(f) waste disposal;

(g) energy and communications networks;

(h) the provision of educational, health care, retail and other community facilities;

(i) the preservation and protection of the environment and its amenities, including the archaeological, architectural and natural heritage;

(j) such other matters as may be prescribed.

(3) (a) Regional planning guidelines shall contain information on the likely significant effects on the environment of implementing the guidelines.

(b) The Minister may by regulation make further provisions in relation to the manner in which paragraph (a) may be complied with.

(4) (a) When making regional planning guidelines the regional authority shall take account of the proper planning and sustainable development of the whole of the region to which the guidelines relate, the statutory obligations of any local authority in the region and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic planning policies.

(b) When making regional planning guidelines which affect the Gaeltacht, the regional authority shall have regard to the need to protect the linguistic and cultural heritage of the Gaeltacht.

(5) Without prejudice to the generality of subsections (2) and (3), the Minister may issue guidelines on the content of regional planning guidelines and regional authorities shall have regard to those guidelines.

Consultation regarding regional planning guidelines.

24.—(1) As soon as may be after agreeing any necessary arrangements under section 21 , a regional authority shall give notice of its intention to make the regional planning guidelines.

(2) A notice under subsection (1) shall be given to the Minister, the Board, the prescribed authorities and any town commissioners in the area and shall be published in one or more newspapers circulating in the region for which the regional planning guidelines are prepared and shall—

(a) state that the regional authority intends to make regional planning guidelines,

(b) indicate the matters to be considered in the guidelines, having regard to section 23 ,

(c) indicate that submissions regarding the making of the regional planning guidelines may be made in writing to the regional authority within a specified period (which shall not be less than 8 weeks).

(3) A regional authority shall consider any submissions received under subsection (2) before preparing the draft regional planning guidelines.

(4) When a regional authority prepares the draft of the regional planning guidelines it shall, as soon as may be—

(a) send notice and copies of the draft guidelines to the Minister, the Board, the prescribed authorities and any town commissioners in its area, and

(b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.

(5) A notice under subsection (4) shall state—

(a) that a copy of the draft guidelines may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and

(b) that written submissions or observations with respect to the draft made to the regional authority within the stated period will be taken into consideration before the guidelines are adopted.

(6) Following the consideration of submissions or observations under subsection (5), and subject to section 25 , the regional authority shall make the regional planning guidelines subject to any modification considered necessary.

(7) (a) Where a regional authority makes regional planning guidelines, it shall publish a notice of the making of the guidelines in at least one newspaper circulating in the functional area of each planning authority in the region for which the guidelines are prepared.

(b) A notice under this subsection shall state that a copy of the guidelines is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

Procedure for making regional planning guidelines.

25.—(1) As part of the consultation between a regional authority and the relevant planning authorities under section 22 , the authorities concerned shall agree on a procedure for preparing and making the regional planning guidelines under section 24 .

(2) Matters to be considered under subsection (1) shall include the establishment of committees to oversee and consider preparation of the guidelines.

(3) The authorities concerned shall agree on the membership of the committees under subsection (2) and shall also agree on the roles of those committees in preparing the draft guidelines, considering submissions or observations under section 24 , and drawing up reports in respect of the guidelines.

(4) The making of regional planning guidelines under section 24 (6) shall be a matter for the members of the regional authority concerned, following the consideration of any report or reports from the committees referred to in subsection (2).

(5) The Minister may make regulations, or issue guidelines, with regard to the procedures to be adopted under this section, including the number, functions and membership of any committees set up in accordance with subsection (2).

Review of regional planning guidelines.

26.—(1) Where a regional authority has made regional planning guidelines, it shall, not later than 6 years after the making of such guidelines and not less than once in every period of 6 years thereafter, review such guidelines and when so reviewing, it may revoke the guidelines or make new regional planning guidelines.

(2) Before a regional authority revokes guidelines referred to in subsection (1) (other than for the purpose of making new regional planning guidelines), it shall consult with the planning authorities within its region.

(3) Where the regional authority makes new guidelines, it shall follow the procedures laid down in sections 22, 24 and 25.

(4) Where new guidelines are made under subsection (1), they shall supersede any previous regional planning guidelines for the relevant area.

Regional planning guidelines and development plans.

27.—(1) A planning authority shall have regard to any regional planning guidelines in force for its area when making and adopting a development plan.

(2) The Minister may, by order, determine that planning authorities shall comply with any regional planning guidelines in force for their area, or any part thereof, when preparing and making a development plan, or may require in accordance with section 31 that an existing development plan comply with any regional planning guidelines in force for the area.

(3) An order under subsection (2) may relate to regional planning guidelines generally, or one or more specified guidelines, or may relate to specific elements of those guidelines.

(4) Following the making of regional planning guidelines for their area, planning authorities shall review the existing development plan and consider whether any variation of the development plan is necessary in order to achieve the objectives of the regional planning guidelines.

(5) For the purposes of this section, a planning authority may have, but shall not be obliged to have, regard to any regional planning guidelines after 6 years from the making of such guidelines.

Chapter IV

Guidelines and Directives

Ministerial guidelines.

28.—(1) The Minister may, at any time, issue guidelines to planning authorities regarding any of their functions under this Act and planning authorities shall have regard to those guidelines in the performance of their functions.

(2) Where applicable, the Board shall have regard to any guidelines issued to planning authorities under subsection (1) in the performance of its functions.

(3) Any planning guidelines made by the Minister and any general policy directives issued under section 7 of the Act of 1982 prior to the commencement of this Part and still in force immediately before such commencement shall be deemed to be guidelines under this section.

(4) The Minister may revoke or amend guidelines issued under this section.

(5) The Minister shall cause a copy of any guidelines issued under this section and of any amendment or revocation of those guidelines to be laid before each House of the Oireachtas.

(6) A planning authority shall make available for inspection by members of the public any guidelines issued to it under this section.

(7) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, guidelines issued under this section.

Ministerial policy directives.

29.—(1) The Minister may, from time to time, issue policy directives to planning authorities regarding any of their functions under this Act and planning authorities shall comply with any such directives in the performance of their functions.

(2) Where applicable, the Board shall also comply with any policy directives issued to planning authorities under subsection (1) in the performance of its functions.

(3) The Minister may revoke or amend a policy directive issued under this section.

(4) Where the Minister proposes to issue, amend or revoke a policy directive under this section, a draft of the directive, amendment or revocation shall be laid before both Houses of the Oireachtas and the policy directive shall not be issued, amended or revoked, as the case may be, until a resolution approving the issuing, amending or revocation of the policy directive has been passed by each House.

(5) The Minister shall cause a copy of any policy directive issued under this section to be laid before each House of the Oireachtas.

(6) A planning authority shall make available for inspection by members of the public any policy directive issued to it under this section.

(7) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, policy directives issued under this section.

Limitation on Ministerial power.

30.—Notwithstanding section 28 or 29, the Minister shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.

Ministerial directions regarding development plans.

31.—(1) Where the Minister considers that any draft development plan fails to set out an overall strategy for the proper planning and sustainable development of the area of a planning authority or otherwise significantly fails to comply with this Act, the Minister may, for stated reasons, direct the authority to take such specified measures as he or she may require to ensure that the development plan, when made, is in compliance with this Act and, notwithstanding the requirements of Chapter I, the authority shall comply with any such direction.

(2) Where the Minister considers that any development plan fails to set out an overall strategy for the proper planning and sustainable development of the area of the authority or otherwise significantly fails to comply with this Act, the Minister may, for stated reasons, direct the authority to take such specified measures, as he or she may require to review or vary the development plan to ensure compliance with this Act and the authority shall comply with any such direction.

(3) Where the Minister directs a planning authority to take specified measures under subsection (2), he or she may specify any of those provisions of Chapter I which are to apply in respect of such specified measures and any other provisions of that Chapter shall be disregarded.

(4) In exercising any power conferred on them by this Act, neither the manager nor the elected members of any planning authority shall exercise the power in conflict with any direction which the Minister may give under subsection (1) or (2).

(5) The Minister shall cause a copy of any direction issued under this section to be laid before each House of the Oireachtas.

(6) A planning authority shall make available for inspection by members of the public any direction issued to it under this section.

PART III

Control of Development

General obligation to obtain permission.

32.—(1) Subject to the other provisions of this Act, permission shall be required under this Part—

(a) in respect of any development of land, not being exempted development, and

(b) in the case of development which is unauthorised, for the retention of that unauthorised development.

(2) A person shall not carry out any development in respect of which permission is required by subsection (1), except under and in accordance with a permission granted under this Part.

Regulations regarding applications for permission.

33.—(1) The Minister shall by regulations provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for permission for the development of land.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for the following—

(a) requiring the submission of information in respect of applications for permission for the development of land;

(b) requiring any applicants to publish any specified notices with respect to their applications;

(c) enabling persons to make submissions or observations on payment of the prescribed fee and within a prescribed period;

(d) requiring planning authorities to acknowledge in writing the receipt of submissions or observations;

(e) requiring any applicants to furnish to any specified persons any specified information with respect to their applications;

(f) requiring planning authorities to—

(i) (I) notify prescribed authorities of such proposed development or classes of development as may be prescribed, or

(II) consult with them in respect thereof,

and

(ii) give to them such documents, particulars, plans or other information in respect thereof as may be prescribed;

(g) requiring any applicants to submit any further information with respect to their applications (including any information as to any estate or interest in or right over land) or information regarding any effect on the environment which the development may have;

(h) enabling planning authorities to invite an applicant to submit to them revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the application relates and, in case the plans, drawings or particulars are submitted to a planning authority in response to such an invitation, enabling the authority in deciding the application to grant a permission for the relevant development as modified by all or any of the plans, drawings or particulars;

(i) requiring the production of any evidence to verify any particulars of information given by any applicants;

(j) requiring planning authorities to furnish to the Minister and to any other specified persons any specified information with respect to applications and the manner in which they have been dealt with;

(k) requiring planning authorities to publish or give notice of their decisions in respect of applications for permission, including the giving of notice thereof to prescribed bodies and to persons who made submissions or observations in respect of such applications;

(l) requiring an applicant to submit specified information to the planning authority with respect to development, or any class of development, carried out by a person to whom section 35 (7) applies pursuant to a permission granted to the applicant or to any other person under this Part or under Part IV of the Act of 1963.

(3) (a) Regulations under this section may, for the purposes of securing the attainment of an objective included in a development plan pursuant to section 10 (2)(m), require any applicant for permission to provide the planning authority with such information, in respect of development (including development of a particular class) that the applicant proposes to carry out in a Gaeltacht area, as it may specify.

(b) A requirement to which paragraph (a) applies may relate to development belonging to a particular class.

(c) Before making regulations containing a requirement to which paragraph (a) applies the Minister shall consult with the Minister for Arts, Heritage, Gaeltacht and the Islands.

(4) Regulations under this section may make additional or separate provisions in regard to applications for outline permission within the meaning of section 36 .

Permission for development.

34.—(1) Where—

(a) an application is made to a planning authority in accordance with permission regulations for permission for the development of land, and

(b) all requirements of the regulations are complied with,

the authority may decide to grant the permission subject to or without conditions, or to refuse it.

(2) (a) When making its decision in relation to an application under this section, the planning authority shall be restricted to considering the proper planning and sustainable development of the area, regard being had to—

(i) the provisions of the development plan,

(ii) the provisions of any special amenity area order relating to the area,

(iii) any European site or other area prescribed for the purposes of section 10 (2)(c),

(iv) where relevant, the policy of the Government, the Minister or any other Minister of the Government,

(v) the matters referred to in subsection (4), and

(vi) any other relevant provision or requirement of this Act, and any regulations made thereunder.

(b) In considering its decision in accordance with paragraph (a), a planning authority shall consult with any other planning authority where it considers that a particular decision by it may have a significant effect on the area of that authority, and the authority shall have regard to the views of that other authority and, without prejudice to the foregoing, it shall have regard to the effect a particular decision by it may have on any area outside its area (including areas outside the State).

(c) Subject to section 98 (as amended by section 256 of this Act) of the Environmental Protection Agency Act, 1992 , and section 54 (as amended by section 257 of this Act) of the Waste Management Act, 1996 , where an application under this section relates to development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, a planning authority shall take into consideration that the control of emissions arising from the activity is a function of the Environmental Protection Agency.

(3) A planning authority shall, when considering an application for permission under this section, have regard to—

(a) in addition to the application itself, any information relating to the application furnished to it by the applicant in accordance with the permission regulations,

(b) any written submissions or observations concerning the proposed development made to it in accordance with the permission regulations by persons or bodies other than the applicant.

(4) Conditions under subsection (1) may, without prejudice to the generality of that subsection, include all or any of the following—

(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant, so far as appears to the planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;

(b) conditions for requiring the carrying out of works (including the provision of facilities) which the planning authority considers are required for the purposes of the development authorised by the permission;

(c) conditions for requiring the taking of measures to reduce or prevent—

(i) the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in that neighbourhood, or

(ii) the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site;

(d) conditions for requiring provision of open spaces;

(e) conditions for requiring the planting, maintenance and replacement of trees, shrubs or other plants or the landscaping of structures or other land;

(f) conditions for requiring the satisfactory completion within a specified period, not being less than 2 years from the commencement of any works, of the proposed development (including any roads, open spaces, car parks, sewers, watermains or drains or other public facilities), where the development includes the construction of 2 or more houses;

(g) conditions for requiring the giving of adequate security for satisfactory completion of the proposed development;

(h) conditions for determining the sequence and timing in which and the time at which works shall be carried out;

(i) conditions for the maintenance or management of the proposed development (including the establishment of a company or the appointment of a person or body of persons to carry out such maintenance or management);

(j) conditions for the maintenance, until taken in charge by the local authority concerned, of roads, open spaces, car parks, sewers, watermains or drains and other public facilities or, where there is an agreement with the local authority in relation to such maintenance, conditions for maintenance in accordance with the agreement;

(k) conditions for requiring the provision of such facilities for the collection or storage of recyclable materials for the purposes of the proposed development;

(l) conditions for requiring construction and demolition waste to be recovered or disposed of in such a manner and to such extent as may be specified by the planning authority;

(m) conditions for requiring the provision of roads, including traffic calming measures, open spaces, car parks, sewers, watermains or drains, facilities for the collection or storage of recyclable materials and other public facilities in excess of the immediate needs of the proposed development, subject to the local authority paying for the cost of the additional works and taking them in charge or otherwise entering into an agreement with the applicant with respect to the provision of those public facilities;

(n) conditions for requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land so authorised, at the expiration of a specified period, and the carrying out of any works required for the re-instatement of land at the expiration of that period;

(o) conditions in relation to appropriate naming and numbering of, and the provision of appropriate signage for, the proposed development;

(p) conditions for requiring, in any case in which the development authorised by the permission would remove or alter any protected structure or any element of a protected structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest—

(i) the preservation by a written and visual record (either measured architectural drawings or colour photographs and/or audio-visual aids as considered appropriate) of that structure or element before the development authorised by the permission takes place, and

(ii) where appropriate, the architectural salvaging of any element, or the re-instatement of any element in a manner specified by the authority;

(q) conditions for regulating the hours and days during which a business premises may operate.

(5) The conditions under subsection (1) may provide that points of detail relating to a grant of permission may be agreed between the planning authority and the person to whom the permission is granted and that in default of agreement the matter is to be referred to the Board for determination.

(6) (a) In a case in which the development concerned would contravene materially the development plan, a planning authority may, notwithstanding any other provision of this Act, decide to grant permission under this section, provided that the following requirements are complied with before the decision is made, namely—

(i) notice in the prescribed form of the intention of the planning authority to consider deciding to grant the permission shall be published in at least one daily newspaper circulating in its area and the notice shall specifically state which objective of the development plan would be materially contravened by granting this permission,

(ii) copies of the notice shall be given to the applicant and to any person who has submitted a submission or observation in writing in relation to the development to which the application relates,

(iii) any submission or observation as regards the making of a decision to grant permission and which is received by the planning authority not later than 4 weeks after the first publication of the notice shall be duly considered by the authority, and

(iv) a resolution shall be passed by the authority requiring that a decision to grant permission be made.

(b) It shall be necessary for the passing of a resolution referred to in paragraph (a) that the number of the members of the planning authority voting in favour of the resolution is not less than three-quarters of the total number of the members of the planning authority or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and the requirement of this paragraph is in addition to and not in substitution for any other requirement applying in relation to such a resolution.

(c) Where—

(i) notice is given pursuant to section 4 of the City and County Management (Amendment) Act, 1955 , of intention to propose a resolution which, if passed, would require the manager to decide to grant permission under this section, and

(ii) the manager is of the opinion that the development concerned would contravene materially the development plan,

he or she shall, within one week of receiving the notice, make, by order, a declaration stating his or her opinion (a copy of which shall be furnished by him or her to each of the signatories of the notice) and thereupon the provisions of subparagraphs (i), (ii) and (iii) of paragraph (a) shall apply and have effect and shall operate to cause the notice to be of no further effect.

(d) If a resolution referred to in subparagraph (iv) of paragraph (a) is duly passed, the manager shall decide to grant the relevant permission.

(7) Notwithstanding section 4 of the City and County Management (Amendment) Act, 1955 —

(a) the notice specified in subsection (2) of that section shall, in the case of a resolution under that section relating to a decision of a planning authority under this section or section 42 , be signed—

(i) if the land concerned is situated in a single local electoral area, by not less than three-quarters of the total number of the members who stand elected to the authority for that area, or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and

(ii) if the land concerned is situated in more than one local electoral area, by not less than three-quarters, as respects each such area, of the total number of the members of the authority who stand elected for that area, or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient,

and

(b) it shall be necessary for the passing of a resolution under that section relating to a decision referred to in paragraph (a) that the number of the members voting in favour of the resolution is not less than three-quarters of the total number of members of the authority, or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient.

(8) (a) Subject to paragraphs (b), (c), (d) and (e), where—

(i) an application is made to a planning authority in accordance with the permission regulations for permission under this section, and

(ii) any requirements of those regulations relating to the application are complied with,

a planning authority shall make its decision on the application within the period of 8 weeks beginning on the date of receipt by the planning authority of the application.

(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 within 4 weeks of the notice being complied with, provided that the total period is not less than 8 weeks.

(c) Where, in the case of an application accompanied by an environmental impact statement, a planning authority serves a notice referred to in paragraph (b), the authority shall make its decision within 8 weeks of the notice being complied with.

(d) Where a notice referred to in subsection (6) is published in relation to the application, the authority shall make its decision within the period of 8 weeks beginning on the day on which the notice is first published.

(e) Where, in the case of an application for permission for development that—

(i) would be likely to increase the risk of a major accident, or

(ii) is of such a nature as to be likely, if a major accident were to occur, and, having regard to all the circumstances, to cause there to be serious consequences,

a planning authority consults, in accordance with the permission regulations, with a prescribed authority for the purpose of obtaining technical advice regarding such risk or consequences, the authority shall make a decision in relation to the application within 4 weeks beginning on the day on which the technical advice is received.

(f) Where a planning authority fails to make a decision within the period specified in paragraph (a), (b), (c), (d) or (e), a decision by the planning authority to grant the permission shall be regarded as having been given on the last day of that period.

(9) Where, within the period of 8 weeks beginning on the date of receipt by the planning authority of the application, the applicant for a permission under this section gives to the planning authority in writing his or her consent to the extension of the period for making a decision under subsection (8), the period for making the decision shall be extended for the period consented to by the applicant.

(10) (a) A decision given under this section or section 37 and the notification of the decision shall state the main reasons and considerations on which the decision is based, and where conditions are imposed in relation to the grant of any permission the decision shall state the main reasons for the imposition of any such conditions, provided that where a condition imposed is a condition described in subsection (4), a reference to the paragraph of subsection (4) in which the condition is described shall be sufficient to meet the requirements of this subsection.

(b) Where a decision by a planning authority under this section or by the Board under section 37 to grant or to refuse permission is different, in relation to the granting or refusal of permission, from the recommendation in—

(i) the reports on a planning application to the manager (or such other person delegated to make the decision) in the case of a planning authority, or

(ii) a report of a person assigned to report on an appeal on behalf of the Board,

a statement under paragraph (a) shall indicate the main reasons for not accepting the recommendation in the report or reports to grant or refuse permission.

(11) (a) Where the planning authority decides under this section to grant a permission—

(i) in case no appeal is taken against the decision, it shall make the grant as soon as may be after the expiration of the period for the taking of an appeal,

(ii) in case an appeal or appeals is or are taken against the decision, it shall not make the grant unless, as regards the appeal or, as may be appropriate, each of the appeals—

(I) it is withdrawn, or

 (II) it is dismissed by the Board pursuant to section 133 or 138, or

(III) in relation to it a direction is given to the authority by the Board pursuant to section 139 , and, in the case of the withdrawal or dismissal of an appeal or of all such appeals, as may be appropriate, it shall make the grant as soon as may be after such withdrawal or dismissal and, in the case of such a direction, it shall make the grant, in accordance with the direction, as soon as may be after the giving by the Board of the direction.

(b) Where the Board decides on appeal under section 37 to grant a permission, it shall make the grant as soon as may be after the decision.

(12) 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.

(13) A person shall not be entitled solely by reason of a permission under this section to carry out any development.

Refusal of planning permission for past failures to comply.

35.—(1) Where, having regard to—

(a) any information furnished pursuant to regulations made under section 33 (2)(l), or

(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 subsection and subsection (2) 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,

the planning authority is satisfied that a person or company to whom this section applies is not in compliance with the previous permission, or with a condition to which the previous permission is subject, the authority may form the opinion—

(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

(ii) that planning permission should not be granted to the applicant concerned in respect of that development.

(2) In forming its opinion under subsection (1), the planning authority shall only consider those failures to comply with any previous permission, or with any condition to which that permission is subject, that are of a substantial nature.

(3) An opinion under this subsection shall not be a decision on an application for permission for the purposes of this Part.

(4) Where the planning authority has formed an opinion under subsection (1), the planning authority shall apply, by motion on notice to the person to whom the opinion concerned relates, to the High Court for an authorisation to refuse permission and the High Court, on hearing the application—

(a) may grant an authorisation to the authority to refuse permission for that reason, or

(b) may refuse to grant an authorisation to the authority to refuse permission and shall remit the application to the authority for decision, or

(c) may give such other directions to the authority as the Court considers appropriate.

(5) (a) Subsection (8)(a) in section 34 shall not apply where an application to the High Court under subsection (4) is made within the period of 8 weeks from the date of the making of an application for permission under this section.