S.I. No. 256/2008 - Planning and Development (Amendment) Regulations 2008


S.I. No. 256 of 2008

PLANNING AND DEVELOPMENT (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th July, 2008.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 4 and 262 of the Planning and Development Act 2000 (No. 30 of 2000), hereby makes the following Regulations:

Citation.

1. (1) These Regulations may be cited as the Planning and Development (Amendment) Regulations 2008.

(2) These Regulations and the Planning and Development Regulations 2001 to 2008 shall be construed as one and may be collectively cited as the Planning and Development Regulations 2001 to 2008.

Interpretation.

2. In these Regulations, except where the context otherwise requires, “the Regulations” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ).

Amendment of Article 9.

3. Article 9 of the Regulations is amended by the insertion after sub-article 2 of the following:

“(3) For the avoidance of doubt, sub-article (1)(a)(vii) shall not apply to any operation or activity in respect of which a Minister of the Government has granted consent or approval in accordance with the requirements of regulation 31 of the Habitats Regulations 1997, and where regulation 31(5) does not apply.”

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GIVEN under my Official Seal,

10 July 2008

JOHN GORMLEY

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

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

The purpose of these Regulations is to amend Article 9 of the Planning and Development Regulations 2001 to provide for the reinstatement of an exemption where an appropriate assessment has been concluded satisfactorily.