S.I. No. 262/2025 - Planning and Development (An Coimisiún Pleanála) (Declaration of Interests) Regulations 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th June, 2025.

I, JAMES BROWNE, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by sections 4 (1) and 523 (1) and (12) of the Planning and Development Act 2024 (No. 34 of 2024), hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Planning and Development (An Coimisiún Pleanála) (Declaration of Interests) Regulations 2025.

(2) These Regulations shall come into operation on the 19^th day of June 2025.

Definition

2. In these Regulations, “Principal Act” means the Planning and Development Act 2024 (No. 34 of 2024).

Relevant persons

3. Each officer of the Minister seconded to An Coimisiún Pleanála pursuant to arrangements made under section 530(1) of the Principal Act is prescribed as a relevant person for the purposes of section 523 of that Act.

Form of declaration of interests by relevant person

4. The form set out in the Schedule is prescribed as the form of declaration to be signed by a relevant person and given to An Coimisiún Pleanála under section 523(1) of the Principal Act.

Schedule

Regulation 4

PLANNING AND DEVELOPMENT ACT 2024

SECTION 523

Form No. 1

Declaration of relevant person to An Coimisiún Pleanála of interest in land or maritime site

I, ___________________________, hereby make and give to An Coimisiún Pleanála the following declaration of interests in compliance with the requirements of section 523 of the Planning and Development Act 2024 :

(a) Particulars of any legal or beneficial interest I have in land or a maritime site:

______________________________________________________________________________________________________________________________

[see, in particular, clauses (1), (2) & (3) in the instructions below for completing this form]

(b) Particulars of any business of dealing in or developing land or a maritime site in which I am engaged or employed and any such business carried on by a company or other body of which I am, or any nominee or trustee of mine is, a member:

______________________________________________________________________________________________________________________________

[see, in particular, clauses (1) & (3) in the instructions below for completing this form]

(c) Particulars of any profession, business or occupation in which I am engaged, whether on my own behalf or otherwise, and which relates to dealing in or developing land or a maritime site:

______________________________________________________________________________________________________________________________

[see, in particular, clauses (1) & (3) in the instructions below for completing this form]

I hereby declare that the foregoing is a true and complete declaration of every interest of mine which is an interest to which section 523 of the Planning and Development Act 2024 applies.

Signature: ______________________Date: __________________________

INSTRUCTIONS FOR COMPLETING THIS FORM

(1) Where relevant, include the location of the land or maritime site and the area of the planning authority in which the land or maritime site concerned is situated.

(2) Include the following:

(a) any interest held by you, or by any nominee of yours, including where you or your nominee, is a member of a company or other body which has such an interest, in—

(i) a contract for the purchase of land or a maritime site, whether or not a deposit or part payment has been made under the contract, and

(ii) any interest in—

(i) an option to purchase land or a maritime site, whether or not any consideration has been paid in respect of the option, or

(II) land or a maritime site in respect of which such an option has been exercised but which has not yet been conveyed,

other than any interest in land or a maritime site consisting of your private home or the private home of your spouse or civil partner, that is to say, a building or part of a building that is occupied by you (or by your spouse or civil partner or a child of you or your spouse or civil partner) as a separate dwelling and any garden or other land usually occupied with the dwelling, being land that is subsidiary or ancillary to it, is required for its amenity or convenience and is not being used or developed primarily for commercial purposes.

(3) Where no interest is held by you, or by your nominee, insert “None”.

(4) Subject to clauses (5) and (6) of these instructions, this declaration shall be made and given by you—

(a) within 28 days of the day on which you become a person required to make and give a declaration under section 523 (1) of the Planning and Development Act 2024 , and

(b) thereafter, at least annually.

(5) Notwithstanding clause (4) of these instructions, you shall, where—

(a) there is a change regarding an interest contained in a declaration made under subsection (1) of section 523 of the Planning and Development Act 2024 , or

(b) another interest referred to in paragraph (a), (b) or (c) of this form is acquired by you,

give to the Coimisiún a further declaration under that subsection (1) in respect of that change or interest within 10 working days of the day on which the change occurs or the other interest is acquired.

(6) You shall not be regarded as having an interest referred to in paragraph (a), (b) or (c) of this form, if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence you in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Coimisiún or in performing any function in relation to any such matter.

(7) Where you have an interest referred to in paragraph (a), (b) or (c) of this form by reason only of the beneficial ownership of shares in a company or other body by you, or by your nominee or trustee, and the total value of those shares does not exceed the lesser of—

(a) €13,000, or

(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which you, or your nominee or trustee, has an interest,

subsections (1) and (3) of section 523 of the Planning and Development Act 2024 shall not apply in relation to that interest.

GIVEN under my Official Seal,

18 June, 2025.

JAMES BROWNE,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

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

In exercise of the powers conferred on the Minister for Housing, Local Government and Heritage by sections 4(1) and 523(1) and (12) of the Planning and Development Act 2024 (No. 34 of 2024), these Regulations are made by that Minister to prescribe certain relevant persons and the form of declaration of interests to be completed by relevant persons of An Coimisiún Pleanála.