S.I. No. 93/2020 - Planning and Development Act 2000 (Section 181) Regulations 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st March, 2020.

WHEREAS I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, am of the opinion that, having regard to the threat to public health presented by the disease known as Covid-19, development to which the following regulations apply is for the purposes of public safety and order; and

WHEREAS a draft of the following regulations has been laid before each House of the Oireachtas and a resolution approving that draft has been passed by each such House;

NOW I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by subsection (1) of section 181 and section 262 of the Planning and Development Act 2000 (No. 30 of 2000) (as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 358 of 2017 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the Planning and Development Act 2000 (Section 181) Regulations 2020.

(2) These Regulations shall be included in the collective citation the Planning and Development Regulations 2001 to 2020.

2. In these Regulations “relevant period” means the period commencing on the making of these Regulations and ending on the day on which Part 3 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020) ceases to have effect by virtue of subsection (3) of section 2 of that Act.

3. The Planning and Development Act 2000 (other than section 181) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period.

SCHEDULE

Classes of development to which Planning and Development Act 2000 (other than section 181) shall not apply

acute and other health and social care accommodation

self-isolation or other Covid-19 related short stay accommodation

Covid-19 and other step down accommodation

medical testing centre or laboratory

emergency management coordination facilities

mortuary facilities

ancillary and other accommodation including storage facilities

ancillary infrastructure and other works to support the above development

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GIVEN under my Official Seal,

27 March, 2020.

EOGHAN MURPHY,

Minister for Housing, Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are made under sections 181(1)(a) and 262(4) of the Planning and Development Act 2000 , as amended.

The Regulations relate to the non-application of the Planning and Development Act 2000 to certain classes of development by or on behalf of a State authority where the development is, in the opinion of the Minister, in connection with or for the purposes of public safety or order, the administration of justice or national security or defence and, for so long as the regulations are in force, the provisions of this Act shall not apply to the specified class or classes of development. The classes of development listed in the Schedule may include the change of use and repurposing of existing buildings and facilities, and temporary new-build accommodation and structures to address the COVID-19 civil emergency.