Planning and Development Act, 2000

Local authority own development.

179.—(1) (a) The Minister may prescribe a development or a class of development for the purposes of this section where he or she is of the opinion that by reason of the likely size, nature or effect on the surroundings of such development or class of development there should, in relation to any such development or development belonging to such class of development, be compliance with the provisions of this section and regulations under this section.

(b) Where a local authority that is a planning authority proposes to carry out development, or development belonging to a class of development prescribed under paragraph (a) (hereafter in this section referred to as “proposed development”) it shall in relation to the proposed development comply with this section and any regulations under this section.

(c) The Minister may prescribe specified cases or classes of development by local authorities for the purposes of this section where he or she is of the opinion that it is necessary by reason of its size, nature or effect on its surroundings.

(d) This section shall also apply to proposed development which is carried out within the functional area of a local authority which is a planning authority, on behalf of, or in partnership with the local authority, pursuant to a contract with the local authority.

(2) The Minister shall make regulations providing for any or all of the following matters:

(a) the publication by a local authority of any specified notice with respect to proposed development;

(b) requiring local authorities to—

(i)    (I) notify prescribed authorities of such proposed development or classes of proposed 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;

(c) the making available for inspection, by members of the public, of any specified documents, particulars, plans or other information with respect to proposed development;

(d) the making of submissions or observations to a local authority with respect to proposed development.

(3) (a) The manager of a local authority shall, after the expiration of the period during which submissions or observations with respect to the proposed development may be made, in accordance with regulations under subsection (2), prepare a written report in relation to the proposed development and submit the report to the members of the authority.

(b) A report prepared in accordance with paragraph (a) shall—

(i) describe the nature and extent of the proposed development and the principal features thereof, and shall include an appropriate plan of the development and appropriate map of the relevant area,

(ii) evaluate whether or not the proposed development would be consistent with the proper planning and sustainable development of the area to which the development relates, having regard to the provisions of the development plan and giving the reasons and the considerations for the evaluation.

(iii) list the persons or bodies who made submissions or observations with respect to the proposed development in accordance with the regulations under subsection (2),

(iv) summarise the issues, with respect to the proper planning and sustainable development of the area in which the proposed development would be situated, raised in any such submissions or observations, and give the response of the manager thereto, and

(v) recommend whether or not the proposed development should be proceeded with as proposed, or as varied or modified as recommended in the report, or should not be proceeded with, as the case may be.

(4) (a) The members of a local authority shall, as soon as may be, consider the proposed development and the report of the manager under subsection (3).

(b) Following the consideration of the manager's report under paragraph (a), the proposed development may be carried out as recommended in the manager's report, unless the local authority, by resolution, decides to vary or modify the development, otherwise than as recommended in the manager's report, or decides not to proceed with the development.

(c) A resolution under paragraph (b) must be passed not later than 6 weeks after receipt of the manager's report.

(5) Sections 2 , 3 and 4 of the City and County Management (Amendment) Act, 1955 , shall not apply to development under this section.

(6) This section shall not apply to proposed development which—

(a) consists of works of maintenance or repair, other than works which would materially affect the character of a protected structure or proposed protected structure,

(b) is necessary for dealing urgently with any situation which the manager considers is an emergency situation calling for immediate action,

(c) consists of works which a local authority is required by or under statute or by order of a court to undertake, or

(d) is development in respect of which an environmental impact statement is required under section 175 or under any other enactment.