Planning and Development Act, 2000

Obligation to obtain permission in respect of development on foreshore.

225.—(1) Subject to the provisions of this Act, permission shall be required under Part III in respect of development on the foreshore not being exempted development, in circumstances where, were such development carried out, it would adjoin—

(a) the functional area of a planning authority, or

(b) any reclaimed land adjoining such functional area,

and accordingly, that part of the foreshore on which it is proposed to carry out the development shall for the purposes of making an application for permission in respect of such development be deemed to be within the functional area of that planning authority.

(2) That part of the foreshore on which a development has been commenced or completed pursuant to permission granted under Part III shall, for the purposes of this Act or any other enactment, whether passed before or after the passing of this Act, be deemed to be within the functional area of the planning authority that granted such permission.

(3) This section shall not apply to—

(a) development to which section 226 applies, or

(b) development consisting of underwater cables, wires, pipelines or other similar apparatus used for the purpose of—

(i) transmitting electricity or telecommunications signals, or

(ii) carrying gas, petroleum, oil, or water,

or development connected to land within the functional area of a planning authority solely by means of any such cable, wire, pipeline or apparatus.

(4) This section is in addition to and not in substitution for the Foreshore Acts, 1933 to 1998.