Planning and Development Act, 2000
Development in special planning control area.
87.—(1) Notwithstanding section 4 and any regulations made thereunder, any development within an area of special planning control shall not be exempted development where it contravenes an approved scheme applying to that area.
(2) When considering an application for permission in relation to land situated in an area of special planning control, a planning authority, or the Board on appeal, shall, in addition to the matters set out in section 34 , have regard to the provisions of an approved scheme.
(3) An owner or occupier of land situated in an area of special planning control may make a written request to the planning authority, within whose functional area the area of special planning control is situated, for a declaration as to—
(a) those developments or classes of development that it considers would be contrary or would not be contrary, as the case may be, to the approved scheme concerned,
(b) the objectives or provisions of the approved scheme that apply to the land, or
(c) the measures that will be required to be undertaken in respect of the land to ensure compliance with such objectives or provisions.
(4) Within 12 weeks of receipt by a planning authority of a request under subsection (3), or within such other period as may be prescribed by regulations of the Minister, a planning authority shall issue a declaration under this section to the person who made the request.
(5) A planning authority may at any time rescind or vary a declaration under this section.
(6) The rescission or variation of a declaration under subsection (5) shall not affect any development commenced prior thereto in reliance on the declaration concerned and that the planning authority has indicated, in accordance with paragraph (a) of subsection (3), would not be contrary to an approved scheme.
(7) A declaration under this section is without prejudice to the application of section 5 .
(8) A planning authority shall cause—
(a) the particulars of any declaration issued by that authority under this section to be entered on the register kept by the authority under section 7 , and
(b) a copy of the declaration to be made available for inspection by members of the public during office hours, at the principal office of the authority, following the issue of the declaration.