Planning and Development Act, 2000
Limitation on connection to sanitary authority sewers.
258.—(1) This section shall apply to any structure which is constructed, erected or made on or after the 10th day of June, 1990, or which is not connected to a sewer of a sanitary authority.
(3) Notwithstanding section 23 of the Public Health (Ireland) Act, 1878 , or any other enactment, the owner or occupier of a structure to which this section applies shall not be entitled to connect his or her drains to any sewer of the sanitary authority in whose functional area the structure is situated except with the consent of the sanitary authority, which may be given subject to such conditions as the sanitary authority considers reasonable.
(4) Any person who connects a drain or causes it to be connected to a sewer of a sanitary authority in contravention of subsection (3) shall be guilty of an offence.
(5) The sanitary authority may close any connection between a drain and sewer made in contravention of subsection (3) and may recover from the person who made the connection or who caused the connection to be made any expenses incurred by the authority under this subsection and in default of the expenses being paid to the authority, they shall be recoverable as a simple contract debt in any court of competent jurisdiction.
(6) Where a notice under section 8 (1) of the Local Government (Sanitary Services) Act, 1962 , takes effect in relation to any premises, a consent of the sanitary authority by whom the notice has been served shall not be required under subsection (3) of this section for the connection of the structure to the appropriate sewer of the sanitary authority.
(7) Unless otherwise indicated, the grant of a permission under Part III in relation to a structure to which this section applies shall be taken to include the consent of the sanitary authority under subsection (3) to the connection of that structure to the appropriate sewer of the sanitary authority.
(8) In considering whether to give consent under subsection (3), a sanitary authority shall be entitled to have regard to the constraints described at paragraph 1 of the Fourth Schedule in so far as these may apply to the provision of sewerage facilities by them.
(9) In this section, “drain”, “sanitary authority” and “sewer” have the meanings assigned to them in the Local Government (Sanitary Services) Acts, 1878 to 1995.