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Number 34 of 2024
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PLANNING AND DEVELOPMENT ACT 2024
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CONTENTS
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PART 1
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Preliminary and General
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Section
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1. Short title and commencement
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2. Definitions
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3. Construction of reference to act of institution of European Community or European Union
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4. Orders and regulations
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5. Expenses
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6. Repeal
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PART 2
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Concept of Development
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7. Material change in use
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8. Short-term lettings
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9. Exempted development
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10. Declaration on development, exempted development, etc.
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11. Section 10 supplemental provision
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12. Saver for declarations under section 5 of Act of 2000
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13. Licensing of appliances and cables, etc., on public roads
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14. Licences under section 254 of Act of 2000
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15. Saving for national monuments
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16. Quarries
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PART 3
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Plans, Policies and Related Matters
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Chapter 1
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Preliminary Matters
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17. Definitions
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18. Public inspection
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19. Evidence
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20. Regulations
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Chapter 2
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National Planning Framework
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21. National Planning Framework
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22. Review of National Planning Framework
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23. Procedure for review of National Planning Framework
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24. Regard to be had to other matters when carrying out review under section 22
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Chapter 3
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National Planning Statements
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25. National Planning Statement
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26. Considerations for issuance of National Planning Statement
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27. Continuation in force of pre-commencement Ministerial guidelines
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Chapter 4
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Regional Spatial and Economic Strategies
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28. Regional spatial and economic strategy
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29. Content of regional spatial and economic strategy
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30. Review of regional spatial and economic strategy
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31. Consultation about proposed new or revised regional spatial and economic strategy
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32. Preparation or revision of regional spatial and economic strategy: process
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33. Material alteration to draft regional spatial and economic strategy or draft revision
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34. Publication of regional spatial and economic strategy
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35. Implementation and monitoring of regional spatial and economic strategy
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36. Consequences of new or amended National Planning Statement for regional spatial and economic strategy
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37. Expedited amendment of regional spatial and economic strategy
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38. Assessment of regional spatial economic strategy and revision by Office of Planning Regulator and recommendation to Minister
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39. Issuance of draft direction by Office of Planning Regulator
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40. Power of Minister to issue direction
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41. Continuation in force of pre-commencement regional spatial and economic strategies
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Chapter 5
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Development Plans
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42. Obligations to make and review development plan
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43. Content of development plan
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44. Obligation to prepare strategy for sustainable development and regeneration
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45. Obligation to prepare strategy relating to economic development
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46. Obligation to prepare housing development strategy
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47. Obligation to prepare housing development strategy where planning authority’s functional area consists solely of city
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48. Obligation to prepare strategy relating to creation, improvement and preservation of sustainable places and communities
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49. Obligation to prepare strategy relating to environment and climate change
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50. Obligation to prepare strategy for conservation, etc., of natural and built heritage
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51. Obligation to prepare objectives for management of areas, uses and structures
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52. Settlement-specific objectives
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53. Consultation with Office of Planning Regulator before preparation of draft development plan
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54. Notice of intention to review development plan and preparation of draft development plan
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55. Making development plan
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56. Interim report on implementation of development plan
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57. Chief executive report on adjustment of housing development strategy and housing strategy
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58. Variation of development plan
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59. Variation affecting settlement-specific objectives in urban area plan or priority area plan
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60. Public rights of way
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61. Consequences of new or amended National Planning Statement for development plans
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62. Expedited variation of development plan
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63. Assessment of development plan and variation by Office of Planning Regulator and recommendation to Minister
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64. Issuance of draft direction by Office of Planning Regulator
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65. Power of Minister to issue direction
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66. Direction affecting urban area plan, priority area plan or coordinated area plan
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67. Urgent direction requiring chief executive to vary development plan
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68. Continuation in force of pre-commencement development plan
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69. Notices under section 11 of Act of 2000
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Chapter 6
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Urban Area Plans, Priority Area Plans and Coordinated Area Plans
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70. Statutory obligations
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71. Urban area plans
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72. Priority area plans
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73. Coordinated area plans
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74. Conditions of urban area plans, priority area plans and coordinated area plans
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75. Procedure for preparing and making urban area plans and priority area plans
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76. Procedure for preparing and making coordinated area plans
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77. Automatic revocation of urban area plans, priority area plans and coordinated area plans in certain circumstances
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78. Assessment of urban area plans, priority area plans and coordinated area plans by Office of Planning Regulator and recommendation to Minister
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79. Issuance of draft direction by Office of Planning Regulator
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80. Power of Minister to issue direction
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81. Continuation in force of pre-commencement local area plans
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PART 4
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Development Consents
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Chapter 1
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Preliminary and General
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82. Interpretation
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83. Obligation to seek permission for development
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84. Application for permission
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85. Eligibility to make application
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Chapter 2
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Obligations on Planning Authority and Commission
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86. Matters to which planning authority and Commission shall have regard
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87. Conditions that may be attached to permission granted under Part
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Chapter 3
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Standard Development
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88. General
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89. Pre-application consultation required for certain developments
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90. Pre-application consultation
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91. LRD meeting
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92. LRD opinion
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93. Request for meeting where certain aspects of proposed development not confirmed
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94. Opinion with regard to making of application where certain aspects of proposed development not confirmed
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95. Application for permission for standard development
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96. Outline permission
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97. Procedural powers of planning authority
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98. Decision in relation to standard planning application
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99. Application for permission for development in material contravention of development plan or National Marine Planning Framework
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100. Notification of decision of planning authority
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101. Time limit for decision of planning authority
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102. Persons eligible to appeal decision of planning authority
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103. Bringing of appeal to Commission
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104. Adoption by Commission of determination of planning authority relating to screening for environmental impact assessment
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105. Submissions to Commission on appeal
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106. Revisions to plans for development on appeal
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107. Procedural powers of Commission on appeal
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108. Dismissal of appeals where vexatious, etc.
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109. Decision of Commission on appeal
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110. Decision of Commission in relation to development in contravention of certain plans
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111. Notification of decision in relation to appeal under this Chapter
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112. Appeals against conditions
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113. Time limits for determination of appeal by Commission
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Chapter 4
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Planning Applications Directly to Commission
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114. Definitions
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115. General
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116. Pre-application consultation
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117. Requirement to enter into pre-application consultation prior to making application under Chapter
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118. Request for meeting where certain aspects of proposed development not confirmed
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119. Opinion with regard to making of application where certain aspects of proposed development not confirmed
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120. Making of application to Commission
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121. Report and information to be furnished by appropriate planning authority
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122. Procedural powers of Commission
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123. Decision of Commission
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124. Decision on application for permission for development in material contravention of certain plans
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125. Notification of decisions of Commission under Chapter
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126. Time limit for decision of Commission
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127. Reimbursement of Commission by applicant for permission
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128. Additional provisions relevant to strategic gas infrastructure development and electricity transmission infrastructure development
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129. Applications for retrospective consent
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130. Submissions on applications for retrospective consent
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131. Decision on application for retrospective consent
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132. Applications for retrospective consent: direction to cease
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133. Refusal of retrospective consent: direction by Commission to take remedial measures
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134. Retrospective consent: enforcement
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135. Exceptional circumstances
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136. Continued application of section 146B of Act of 2000 for certain purposes
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137. Opinion under section 287 of Act of 2000 deemed to be Chapter 4 PAC notification
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Chapter 5
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Alteration, Extension and Revocation of Permission
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138. Interpretation
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139. Consultation before request under section 140
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140. Request for alteration or extension of permission
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141. Limitations on extension of duration of permission
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142. Non-material alteration of permission
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143. Material alteration of permission
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144. Procedural powers of planning authority in relation to material alteration request
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145. Procedural powers of Commission in relation to material alteration request
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146. Time limits for deciding material alteration request where deciding authority is planning authority
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147. Time limits for deciding material alteration request where deciding authority is Commission
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148. Material contravention of development plan or National Marine Planning Framework
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149. Revocation or modification of permission by planning authority
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150. Revocation or modification of permission by Minister
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Chapter 6
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Local Authority Development and State Authority Development
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151. Definition
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152. Local authority development
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153. Local authority development requiring public notice
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154. State authority prescribed development
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155. State authority development emergency order
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156. State authority development not requiring permission
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157. State authority urgent development order
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158. Public notification procedure
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159. Confirmation by local authority
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160. Confirmation by State authority
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161. Local authority housing development
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162. Continued operation of Parts X and XAB of Act of 2000 for certain purposes
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163. Continued operation of section 181 of Act of 2000 for certain purposes
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164. Continued operation of sections 181A and 181B of Act of 2000 for certain purposes
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165. Continued operation of sections 182A, 182AA and 182B of Act of 2000 for certain purposes
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166. Continued operation of sections 182C and 182D of Act of 2000 for certain purposes
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Chapter 7
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Miscellaneous
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167. Consultations under Part
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168. Submissions or observations under Part
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169. Seveso III Directive
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170. Permission for demolition of protected structure
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171. Permission in breach of agreement with planning authority
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172. Withdrawal or invalidity of planning applications and appeals
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173. Refusal of planning permission for past failures to comply
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174. Effect of judicial review of Maritime Area Consent on application or appeal under Part
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175. Effect of revocation of Maritime Area Consent on application under Part
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176. Effect of appeal to Commission under Chapter 3 on making application under Part
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177. Duration of permission granted under Part
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178. Phasing plans
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179. Effect of expiration of duration of permission
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180. Suspension of running of duration of permission during judicial review proceedings
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181. Effect of grant of permission under Part
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182. Nuclear fission
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183. Regulations under Part
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184. Disclosure of details of certain internal arrangements of proposed State authority development
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185. Continued application of section 45 of Act of 2000 for certain purposes
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186. Continued operation of sections 285, 291, 292, 293, 294 and 295 of Act of 2000 for certain purposes
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187. Continued operation of sections 297, 298, 299, 300, 301 and 302 of Act of 2000 for certain purposes
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188. Status of permission, consent, approval granted under Act of 2000
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PART 5
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Developments at Dublin Airport
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189. Interpretation
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190. Application of Part
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191. Proposed development at Dublin Airport
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192. Supplementary provisions relating to operating restriction included in planning permission
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193. Supplementary provisions relating to decisions on certain applications referred to in subsection (1) of section 191 or subsection (1) of section 192 that were not refused
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194. Supplementary provisions relating to decisions on applications referred to in subsection (1) of section 191 or subsection (1) of section 192
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PART 6
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Environmental Assessments
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Chapter 1
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Preliminary and General
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195. Definitions
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196. Duties of independence, confidentiality, etc.
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197. Access to expertise
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Chapter 2
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Appropriate Assessment of Plans
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198. Interpretation
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199. Purpose of Chapter
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200. Performance of functions by competent authority
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201. Prohibition on making of plans except in certain circumstances
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202. Obligation to carry out screening for appropriate assessment of plans
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203. Natura impact report
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204. Consultation on Natura impact report
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205. Appropriate assessment of plans
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206. Imperative reasons of overriding public interest (no priority habitat or priority species)
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207. Imperative reasons of overriding public interest (priority habitat or priority species)
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Chapter 3
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Appropriate Assessment of Development and Proposed Development
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208. Interpretation
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209. Performance of functions by competent authority
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210. Purpose of Chapter
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211. Prohibition on grant of permission except in certain circumstances
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212. Screening for appropriate assessment of relevant development
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213. Screening for appropriate assessment of local authority development and State authority development
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214. Screening for appropriate assessment for purposes of determining if development is exempted development
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215. Natura impact statement
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216. Consultation on Natura impact statement
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217. Appropriate assessment of relevant development
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218. Additional provisions applicable to application in connection with development already carried out
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219. Imperative reasons of overriding public interest (no priority habitat or priority species)
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220. Invitation to applicant for permission to make request under subsection (3) of section 215 (no priority habitat or priority species)
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221. Imperative reasons of overriding public interest (priority habitat or priority species)
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222. Invitation to applicant for permission to make request under subsection (3) of section 215 (priority habitat or priority species)
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Chapter 4
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Environmental Assessment of Development
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223. Interpretation
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224. Purpose of Chapter
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225. Obligation to carry out screening for environmental impact assessment and environmental impact assessment
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226. Prohibition on grant of permission except in certain circumstances
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227. Exemption from requirement for assessment by Commission
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228. Exemption from requirement for assessment by Minister
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229. Screening for environmental impact assessment of relevant development
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230. Screening for environmental impact assessment of local authority development and State authority development
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231. Application for screening determination prior to application for permission for relevant development
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232. Screening for environmental impact assessment for purposes of determining if development is exempted development
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233. Request for scoping opinion
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234. Preparation and submission of environmental impact assessment report
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235. Consultation on environmental impact assessment report
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236. Environmental impact assessment of relevant development
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237. Additional provisions applicable to application in connection with development already carried out
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238. Transboundary environmental impacts
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239. Joint environmental assessment of relevant development by competent authority
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240. Coordination of environmental impact assessments under different enactments
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241. Environmental impact assessment portal
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PART 7
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Housing Strategy and Supply
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Chapter 1
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Housing Strategy
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242. Housing strategy
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243. Development plans for which housing strategy has already been made
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Chapter 2
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Housing Supply
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244. Interpretation
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245. Application of Chapter
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246. Provision of social and affordable housing, etc.
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247. Agreement relating to transfers to planning authority
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248. Applicant to specify manner of proposed compliance with condition under section 246
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249. Dispute in relation to agreement
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250. Compensation
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251. Property arbitrator
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252. Transfers
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253. Sale, lease or exchange of land
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254. Certification of development to which this Chapter does not apply
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255. Offences in relation to certificate
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256. Planning authority functions concerning housing
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PART 8
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Miscellaneous Powers of Planning Authorities
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Chapter 1
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Control of Development
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257. Agreements restricting or regulating development or use of land
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258. Notice requiring discontinuance of works or use or removal or alteration of structure
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259. Provisions consequential on notice under section 258
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Chapter 2
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Public Components of Certain Developments
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260. Application of Chapter and definitions
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261. Taking in charge of public components of developments by planning authority
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262. Taking in charge of certain public components of developments by Uisce Éireann
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263. Continued application of section 180 of Act of 2000 for certain purposes
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264. Acquisition by planning authority of public components of certain developments
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265. Supplementary provisions relating to sections 261, 262 and 264
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Chapter 3
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Amenities
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266. Area of special amenity
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267. Tree preservation orders
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268. Creation of public rights of way by agreement
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269. Creation of public rights of way compulsorily
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270. Supplemental provisions with respect to public rights of way
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271. Orders and notices under section 205 of Act of 2000
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272. Agreements under section 206 of Act of 2000
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273. Orders, notices and appeals under section 207 of Act of 2000
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Chapter 4
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Miscellaneous
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274. Repair and tidying of advertisement structures and advertisements
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275. Cables, wires and pipelines (land)
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276. Cables, wires and pipelines (maritime sites)
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277. Amendment of permission by planning authority
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PART 9
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Judicial Review and Decision-Making
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Chapter 1
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Part 9 Judicial Review
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278. Interpretation
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279. Application of Chapter
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280. Procedure for commencing Part 9 judicial review
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281. Time limits applicable to Part 9 judicial review
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282. Conduct of Part 9 judicial review
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283. Applications to strike out Part 9 judicial review
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284. Stays on Part 9 judicial review
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285. Entitlement to bring proceedings
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286. Sufficient interest
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287. Part 9 judicial review - appeals
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288. Amendments of decisions or documents subject to Part 9 judicial review
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289. Declarations of invalidity
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290. Provisions generally applicable to Part 9 judicial review
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CHAPTER 2
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Costs Relating to Certain Proceedings
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291. Interpretation
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292. Application of Chapter
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293. Costs in relation to certain proceedings
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294. Regulation of costs payable in respect of prescribed matters
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295. Environmental legal costs financial assistance mechanism
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296. Applications for contribution to costs to be made from environmental legal costs financial assistance mechanism
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297. Application in respect of certain payments relevant to Aarhus Convention proceedings
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298. Application for determination of application of Chapter to proceedings
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299. Further provisions relevant to environmental legal costs financial assistance mechanism
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300. Provisions applicable to regulations under Chapter
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301. Amendment of Environment (Miscellaneous Provisions) Act 2011
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302. Provision for certain legal costs in relation to environmental matters
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CHAPTER 3
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Transitional Arrangement and Saver
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303. Continued application of sections 50, 50A and 50B of Act of 2000 for limited period
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304. Amendment of sections 50 and 50B of Act of 2000
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PART 10
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Architectural Heritage
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CHAPTER 1
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Protected Structures
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305. Interpretation and general
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306. Record of protected structures
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307. Additions to and deletions from record of protected structures
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308. Recommendations to planning authorities concerning specific structures
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309. Procedure for making additions, deletions and amendments to record of protected structures
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310. Declarations relevant to works relating to protected structures or proposed protected structures
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311. Duty of owners and occupiers to protect structures from endangerment
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312. Notice to require works to be carried out in relation to endangerment of protected structures and proposed protected structures
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313. Notice to require works to be carried out in relation to endangerment of protected structures and proposed protected structures in cases of urgency
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314. Notice to require restoration of character of protected structures and structures in architectural conservation areas
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315. Appeals against notices
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316. Effective date of notices
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317. Offence relating to endangerment of protected structures or proposed protected structures
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318. Owners’ powers in relation to notices concerning endangerment or restoration of structures
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319. Application to District Court for necessary consent
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320. Jurisdiction of District Court
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321. Application to court for contribution to cost of carrying out works
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322. Permission not required for any development required under this Chapter
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323. Planning authority’s power to carry out works to protected structures, proposed protected structures and structures in architectural conservation areas
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324. Recovery by planning authority of expenses for carrying out works on endangered structures
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325. Acquisition of protected structures
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326. Use of protected structure acquired by planning authority
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327. Obligations of sanitary authorities in respect of protected structures and proposed protected structures
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328. Grants to planning authorities in respect of functions under this Part
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329. Notices under sections 59 and 60 of Act of 2000
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CHAPTER 2
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Architectural Conservation Areas and Areas of Special Planning Control
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330. Definition
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331. Architectural conservation areas
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332. Recommendations to planning authorities concerning architectural conservation areas
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333. Declaration on works affecting character of architectural conservation areas
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334. Acquisition within architectural conservation area
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335. Special planning control scheme
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336. Making of special planning control scheme
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337. Modification, revocation and extension of special planning control scheme
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338. Declaration on development affecting area of special planning control
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339. Notice relating to structures or other land in area of special planning control
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340. Implementation of notice under section 339
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341. Court may compel compliance with notice under section 339
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342. Offence to fail to comply with notice under section 339
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343. Permission not required for any development required under this Chapter
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344. Scheme under section 85 of Act of 2000
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345. Draft scheme under section 84 of Act of 2000
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PART 11
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Enforcement
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346. Definitions
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347. Offence
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348. Functions of enforcement authority
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349. Warning letter
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350. Enforcement notice
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351. Planning injunctions in relation to unauthorised development
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352. Permission not required for works required under Part
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353. Time limits
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354. Penalties for offences
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355. Prosecution of offences
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356. Designated regional enforcement authority
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357. Development in Dublin Docklands Area
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PART 12
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Appeal Procedures, Planning Register and Records, and Miscellaneous Powers and Procedures
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Chapter 1
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Definitions
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358. Definitions
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Chapter 2
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Procedures in Relation to Appeals, Applications, Referrals or Requests to Commission
|
| |
359. Application of Chapter
|
| |
360. Making of appeals, applications, referrals or requests
|
| |
361. Period for decision-making
|
| |
362. Notification of making of appeals, applications, referrals or requests
|
| |
363. Submission of documents to Commission by planning authorities
|
| |
364. Submissions by other parties
|
| |
365. Submissions by persons other than parties
|
| |
366. Power of Commission to invite submissions
|
| |
367. Power of Commission to require documents or information
|
| |
368. Powers of Commission where notice is given under section 366 or 367
|
| |
369. Power to hold oral hearings of appeals, applications, referrals or requests
|
| |
370. Supplemental provisions relating to oral hearings
|
| |
371. Convening of meetings on certain referrals
|
| |
372. Meetings held remotely
|
| |
373. Matters other than those raised by parties
|
| |
374. Dismissal of appeals, applications, referrals or requests by Commission
|
| |
375. Withdrawal and invalidity of appeals, applications, referrals or requests
|
| |
376. Reports to Commission
|
| |
377. Regulations regarding appeals, applications, referrals or requests
|
| |
378. Rules
|
| |
379. Question of law
|
| |
380. Commission to have regard to certain policies and objectives
|
| |
381. Fees payable to Commission
|
| |
Chapter 3
|
| |
Planning Register and Records
|
| |
382. Planning register
|
| |
383. Documents to be made available by planning authority and Maritime Area Regulatory Authority
|
| |
384. Manner of making available of register, documents and information by planning authority and Maritime Area Regulatory Authority
|
| |
385. Making available of documents by Commission
|
| |
386. Information to be retained in electronic form
|
| |
387. Proof of register and documents
|
| |
388. Information sharing
|
| |
Chapter 4
|
| |
Miscellaneous Powers and Procedures
|
| |
389. Interpretation
|
| |
390. Consultants and advisers
|
| |
391. Power of examination, investigation and survey
|
| |
392. Obligation to give information to planning authority, Commission or Maritime Area Regulatory Authority
|
| |
393. Appointment of authorised person
|
| |
394. Power of authorised person to enter land, maritime site or structure
|
| |
395. Powers of entry and to seek information in relation to enforcement
|
| |
396. Service of documents
|
| |
397. Presumption of service of owner or occupier
|
| |
398. Failure to effect service
|
| |
399. Dispensation with service or giving of notice
|
| |
400. Public notification
|
| |
401. Recovery of moneys
|
| |
402. Running of time
|
| |
403. Government order for disregard of time limits in certain circumstances
|
| |
PART 13
|
| |
Appropriation, Disposal and Development of Land
|
| |
404. Definition
|
| |
405. Appropriation of land for local authority purposes
|
| |
406. Sale, lease or exchange of land by local authority
|
| |
407. Development of land by local authority
|
| |
PART 14
|
| |
Compulsory Acquisition and Purchase of Land and Maritime Sites
|
| |
Chapter 1
|
| |
Definitions
|
| |
408. Definitions
|
| |
Chapter 2
|
| |
Compulsory Acquisition and Purchase of Land
|
| |
409. Land acquisition by local authority
|
| |
410. Continuance of vesting of certain functions
|
| |
411. Confirmation of compulsory purchase order where there are no objections
|
| |
412. Certain time limits in respect of compulsory purchase of land, etc.
|
| |
413. Section 410 functions: supplemental provisions
|
| |
414. Paragraph (b) of subsection (1) of section 410: supplemental provisions
|
| |
415. Commission’s powers to make decisions on section 410 functions
|
| |
416. Oral hearings in relation to compulsory acquisition of land
|
| |
417. Power to direct payment of certain costs
|
| |
418. Certain procedures to run in parallel
|
| |
419. Objective of Commission in relation to section 410 functions
|
| |
420. References to section 410 functions in regulations, etc.
|
| |
421. Transitional provisions
|
| |
Chapter 3
|
| |
Compulsory Acquisition and Purchase of Maritime Sites
|
| |
422. Maritime site acquisition by local authority
|
| |
423. Continuance of vesting of certain functions
|
| |
424. Confirmation of compulsory purchase order where there are no objections
|
| |
425. Certain time limits in respect of compulsory purchase of maritime site, etc.
|
| |
426. Section 423 functions: supplemental provisions
|
| |
427. Paragraph (b) of subsection (1) of section 423: supplemental provisions
|
| |
428. Commission’s powers to make decisions on section 423 functions
|
| |
429. Oral hearings in relation to compulsory acquisition of maritime site
|
| |
430. Power to direct payment of certain costs
|
| |
431. Certain procedures to run in parallel
|
| |
432. Objective of Commission in relation to section 423 functions
|
| |
433. References to section 423 functions in regulations, etc.
|
| |
PART 15
|
| |
Compensation - Land (Chapters 1 to 3) and Maritime Sites (Chapters 4 to 7)
|
| |
Chapter 1
|
| |
Compensation for Refusal of Permission or Grant of Permission Subject to Conditions - Land
|
| |
434. Right to compensation
|
| |
435. Amount of compensation
|
| |
436. Claim for compensation
|
| |
437. Notices preventing compensation
|
| |
438. Special provision for structures substantially replacing structures demolished or destroyed by fire, etc.
|
| |
Chapter 2
|
| |
Compensation on Other Grounds - Land
|
| |
439. Compensation where permission revoked or modified
|
| |
440. Compensation regarding removal or alteration of structure on land
|
| |
441. Compensation regarding discontinuance of use of land
|
| |
442. Compensation regarding area of special planning control
|
| |
443. Compensation regarding cables, wires and pipelines
|
| |
444. Compensation regarding creation of public rights of way
|
| |
445. Compensation regarding entry on land
|
| |
Chapter 3
|
| |
General Provisions Applicable to Claims under Chapters 1 and 2 - Land
|
| |
446. Application
|
| |
447. Time limits
|
| |
448. Determination of claim for compensation
|
| |
449. Double compensation
|
| |
450. Recovery of compensation
|
| |
451. Registration of compensation
|
| |
452. Recovery by planning authority of compensation subsequent to development
|
| |
453. Restriction on assignment
|
| |
Chapter 4
|
| |
Definitions - Maritime Area
|
| |
454. Definitions
|
| |
Chapter 5
|
| |
Compensation for Refusal of Permission or Grant of Permission Subject to Conditions - Maritime Area
|
| |
455. Application
|
| |
456. Right to compensation
|
| |
457. Amount of compensation
|
| |
458. Claim for compensation
|
| |
459. Notices preventing compensation
|
| |
460. Special provision for structures substantially replacing structures demolished or destroyed by fire, etc.
|
| |
Chapter 6
|
| |
Compensation on Other Grounds - Maritime Area
|
| |
461. Application
|
| |
462. Compensation where permission revoked or modified
|
| |
463. Compensation regarding removal or alteration of structure on maritime site
|
| |
464. Compensation regarding discontinuance of use of maritime site
|
| |
465. Compensation regarding cables, wires and pipelines
|
| |
466. Compensation regarding creation of public rights of way
|
| |
467. Compensation regarding entry on maritime site
|
| |
Chapter 7
|
| |
General Provisions Applicable to Claims under Chapters 5 and 6 - Maritime Area
|
| |
468. Application
|
| |
469. Time limits
|
| |
470. Determination of claim for compensation
|
| |
471. Double compensation
|
| |
472. Recovery of compensation
|
| |
473. Registration of compensation
|
| |
474. Recovery by planning authority of compensation subsequent to development
|
| |
475. Restriction on assignment
|
| |
PART 16
|
| |
Events and Funfairs
|
| |
476. Interpretation
|
| |
477. Prescription of activity as event
|
| |
478. Obligation to obtain licence for holding of event
|
| |
479. Licence
|
| |
480. Codes of practice in relation to events
|
| |
481. Service of notice in relation to events
|
| |
482. General obligations with regard to safety at events
|
| |
483. Powers of inspection in connection with events
|
| |
484. Limitation of civil proceedings
|
| |
485. Consequential provisions for offences
|
| |
486. Holding of event by local authority
|
| |
487. Fairground equipment certificate of safety
|
| |
488. Transfer of certificate of safety
|
| |
489. Notice to organise funfair
|
| |
490. Local authority notice
|
| |
491. General obligations with regard to funfairs
|
| |
492. Exclusion of events and funfairs from planning control
|
| |
493. Licences under Part XVI of Act of 2000
|
| |
PART 17
|
| |
An Coimisiún Pleanála
|
| |
Chapter 1
|
| |
Definitions
|
| |
494. Definitions
|
| |
Chapter 2
|
| |
An Coimisiún Pleanála
|
| |
495. An Coimisiún Pleanála
|
| |
496. Commission to be body corporate
|
| |
Chapter 3
|
| |
Governing Board and Chief Executive Officer of Commission
|
| |
497. Governing Board
|
| |
498. Appointment and terms and conditions of members of Governing Board
|
| |
499. Meetings of Governing Board
|
| |
500. Chief executive officer
|
| |
501. Code of conduct
|
| |
502. Failure to comply with code of conduct
|
| |
503. Approval by Governing Board of decision-making procedures
|
| |
504. Review of performance of Commission by Governing Board
|
| |
Chapter 4
|
| |
Planning Commissioners
|
| |
505. Planning Commissioners
|
| |
506. Appointment of Chief Planning Commissioner and Deputy Chief Planning Commissioner
|
| |
507. Appointment of ordinary planning commissioners
|
| |
508. Recommendation of candidates for appointment to be Planning Commissioners
|
| |
509. Temporary appointment of Planning Commissioners by Minister
|
| |
510. Terms and conditions of Planning Commissioners
|
| |
511. Chief Planning Commissioner and Deputy Chief Planning Commissioner to ensure efficient performance of functions of Planning Commissioners
|
| |
512. Meetings of Planning Commissioners
|
| |
513. Quorum for meetings of Planning Commissioners
|
| |
514. Divisions of Planning Commissioners
|
| |
515. Regulations in relation to procedures of Planning Commissioners
|
| |
516. Amendment of permission or decision by Commission
|
| |
Chapter 5
|
| |
Organisational Matters
|
| |
517. Grants to Commission
|
| |
518. Accounts and audits of Commission
|
| |
519. Accountability of chief executive officer to Committee of Public Accounts
|
| |
520. Accountability of chief executive officer to other Oireachtas committees
|
| |
521. Statement of strategy
|
| |
522. Annual report
|
| |
523. Declaration of interests
|
| |
524. Provisions relating to offence under section 523
|
| |
525. Liability for acts and omissions
|
| |
526. Superannuation of Planning Commissioners
|
| |
527. Staff of Commission
|
| |
528. Superannuation of staff of Commission
|
| |
529. Effect of repeal of section 120 of Act of 2000 on existing employees
|
| |
530. Provision of services and resources by Minister to Commission or by Commission to Minister
|
| |
531. Membership of either House of Oireachtas, European Parliament or local authority
|
| |
532. Continued application of section 110 of Act of 2000 for certain purposes
|
| |
533. Effect of repeal of section 115 of Act of 2000
|
| |
534. Scheme under section 119 of Act of 2000
|
| |
535. Continued application of Chapter III of Part VI of Act of 2000 for certain purposes
|
| |
PART 18
|
| |
Office of Planning Regulator
|
| |
Chapter 1
|
| |
Definitions
|
| |
536. Definitions
|
| |
Chapter 2
|
| |
Office and Functions
|
| |
537. Continuance of Office of Planning Regulator
|
| |
538. Planning Regulator
|
| |
539. Deputy Planning Regulator
|
| |
540. Appointment of Planning Regulator
|
| |
541. Resignation and removal of Planning Regulator
|
| |
542. Advisory Board
|
| |
543. Appointment and terms and conditions of members of Advisory Board
|
| |
544. Meetings of Advisory Board
|
| |
545. Consultation by Planning Regulator with Advisory Board
|
| |
546. Functions of Office
|
| |
547. Performance of functions generally
|
| |
548. Evaluation and assessment of plans and strategies
|
| |
549. Research, education and training
|
| |
550. Corporate strategy
|
| |
Chapter 3
|
| |
Review of Performance of Functions of Planning Authorities, Regional Assemblies and Commission
|
| |
551. Preliminary examination or review by Office of performance of functions
|
| |
552. Supplementary provisions in relation to conduct of preliminary examination or review
|
| |
553. Procedures in relation to draft report and final report of review
|
| |
554. Action on foot of report of review under section 553
|
| |
555. Offences
|
| |
556. Continued application of sections 31AS, 31AT and 31AU of Act of 2000 for certain purposes
|
| |
Chapter 4
|
| |
Staffing and Administration of Office
|
| |
557. Directors of Office
|
| |
558. Staff of Office
|
| |
559. Existing staff of Office
|
| |
560. Membership of either House of Oireachtas, European Parliament or local authority
|
| |
561. Prohibition on disclosure of information relating to functions of Office
|
| |
562. Liability of Planning Regulator or member of staff for acts and omissions
|
| |
563. Superannuation of Planning Regulator
|
| |
564. Grants to Office
|
| |
565. Accounts, Audits and Annual Report of Office
|
| |
566. Monitoring and reporting
|
| |
567. Reciprocal provision of services and resources by Minister and Office
|
| |
568. Fees payable to Office
|
| |
569. Code of conduct
|
| |
PART 19
|
| |
Further Provisions Relating to Planning Bodies
|
| |
570. Officers of planning authority
|
| |
571. Duty to be independent and impartial
|
| |
572. Codes of conduct
|
| |
573. Prohibition on disclosure of information relating to functions of Commission
|
| |
574. Requirements as to beneficial interests
|
| |
575. Prohibition on certain communications concerning Commission and planning authorities
|
| |
576. Ministerial oversight of performance of functions by planning authorities and regional assemblies
|
| |
577. Appointment of commissioner to perform functions of planning authority
|
| |
578. Provisions relating to offences
|
| |
579. Effect of repeal of section 255 of Act of 2000
|
| |
PART 20
|
| |
Financial and Miscellaneous Provisions
|
| |
580. Charging of expenses of planning authority
|
| |
581. Apportionment of joint expenses of planning authorities
|
| |
582. Power to set off
|
| |
583. Fees payable to planning authorities
|
| |
584. Development contributions
|
| |
585. Supplementary development contribution schemes
|
| |
586. Limitation on power of Minister
|
| |
587. Prohibition on requesting payment in consideration of not opposing development
|
| |
588. Mandatory declaration by certain participants in planning process
|
| |
PART 21
|
| |
Strategic Development Zones
|
| |
589. Interpretation
|
| |
590. Designation of sites for strategic development zones
|
| |
591. Acquisition of site for strategic development zone
|
| |
592. Planning scheme for strategic development zones
|
| |
593. Making of planning scheme
|
| |
594. Application for development in strategic development zone
|
| |
595. Amendment of planning scheme
|
| |
PART 22
|
| |
Urban Development Zones
|
| |
Chapter 1
|
| |
Preliminary and General
|
| |
596. Interpretation
|
| |
Chapter 2
|
| |
Suitable Sites
|
| |
597. Planning authority may identify suitable sites
|
| |
598. Land Development Agency and regional assemblies may bring sites to attention of planning authority
|
| |
599. Minister may require planning authority to identify suitable sites
|
| |
600. Information to be provided to Minister in relation to suitable sites
|
| |
Chapter 3
|
| |
Candidate UDZs and Planning Framework
|
| |
601. Minister may make recommendation in relation to potential candidate UDZ
|
| |
602. Candidate UDZ
|
| |
603. Planning framework
|
| |
604. Pre-designation consultation
|
| |
605. Variation of development plan to designate sites and include planning framework
|
| |
Chapter 4
|
| |
Development Scheme
|
| |
606. Preparation of draft development scheme
|
| |
607. Consultation regarding draft development scheme
|
| |
608. Draft development scheme which includes residential development
|
| |
609. Making of development scheme
|
| |
610. Modification prior to making development scheme
|
| |
611. Time at which development scheme shall take effect
|
| |
612. Notice of decision under section 609
|
| |
Chapter 5
|
| |
Appeal of Development Scheme
|
| |
613. Appeal against decision under section 609
|
| |
614. Determination of appeal
|
| |
615. Approval on appeal with minor modification
|
| |
616. Approval on appeal with modification not likely to have significant effect on environment
|
| |
617. Approval on appeal with modification likely to have significant effect on environment
|
| |
618. Time for determination of appeal against decision under section 609
|
| |
619. Oral hearing in relation to appeal against decision under section 609
|
| |
620. Development scheme to be part of development plan
|
| |
Chapter 6
|
| |
Designation of Urban Development Zones
|
| |
621. Designation of sites for urban development zones
|
| |
622. Acquisition of land for specified development
|
| |
623. Permission in respect of site within urban development zone and to which development scheme relates
|
| |
PART 23
|
| |
Additional Transitional and Related Provisions
|
| |
624. Application of sections 26 and 27 of Interpretation Act 2005
|
| |
625. Validity of acts done under Act of 2000
|
| |
626. Continued application of Act of 2000 for certain purposes
|
| |
627. Continuance in operation of statutory instruments made under Act of 2000
|
| |
628. Continued application of Part VIII of Act of 2000 for certain purposes
|
| |
629. Continued operation of Parts X and XAB of Act of 2000 in relation to certain classes of development
|
| |
630. Amendments effected by Act of 2000
|
| |
PART 24
|
| |
Consequential Amendments
|
| |
631. Consequential amendment of Acts of Oireachtas
|
| |
632. Amendment of statutory instruments consequent on repeal of Act of 2000
|
| |
633. References to chief executive as regards Limerick City and County Council
|
| |
PART 25
|
| |
Rent Pressure Zones
|
| |
634. Amendment of Residential Tenancies Act 2004
|
| |
635. Amendment of Residential Tenancies (Amendment) Act 2019
|
| |
PART 26
|
| |
Owners’ Management Companies and Acquisition of Certain Nama Assets
|
| |
636. Amendment of National Asset Management Agency Act 2009
|
| |
637. Amendment of Land Development Agency Act 2021
|
| |
SCHEDULE 1
|
| |
Strategic Infrastructure Development
|
| |
SCHEDULE 2
|
| |
Classes of Development Specified for Purposes of Chapter 4 of Part 4
|
| |
SCHEDULE 3
|
| |
Development in Respect of Which no Compensation for Refusal of Permission, etc.
|
| |
PART 1
|
| |
Land
|
| |
PART 2
|
| |
Maritime Area
|
| |
SCHEDULE 4
|
| |
Reasons for Refusal of Permission that Excludes Compensation
|
| |
PART 1
|
| |
Land
|
| |
PART 2
|
| |
Maritime Area
|
| |
SCHEDULE 5
|
| |
Conditions to which Grant of Permission may be Subject Without Entitlement to Compensation
|
| |
PART 1
|
| |
Land
|
| |
PART 2
|
| |
Maritime Area
|
| |
SCHEDULE 6
|
| |
Rules for Determination of Amount of Compensation
|
| |
PART 1
|
| |
Land
|
| |
PART 2
|
| |
Maritime Area
|
| |
SCHEDULE 7
|
| |
Amendment of Acts of the Oireachtas
|
| | |
| |
Acts Referred to
|
| |
Acquisition of Land (Assessment of Compensation) Act 1919
(9 & 10 Geo. 5, c. 57)
|
| |
Affordable Housing Act 2021
(No. 25)
|
| |
Air Navigation and Transport (Amendment) Act 1998
(No. 24)
|
| |
Aircraft Noise (Dublin Airport) Regulation Act 2019
(No. 12)
|
| |
Arterial Drainage Act 1945
(No. 3)
|
| |
Capital Acquisitions Tax Consolidation Act 2003
(No. 1)
|
| |
Circular Economy and Miscellaneous Provisions Act 2022
(No. 26)
|
| |
Civil Law (Miscellaneous Provisions) Act 2021
(No. 14)
|
| |
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
(No. 24)
|
| |
Civil Registration Act 2004
(No. 3)
|
| |
Civil Service Regulation Act 1956
(No. 46)
|
| |
Climate Action and Low Carbon Development Act 2015
(No. 46)
|
| |
Communications Regulation Act 2002
(No. 20)
|
| |
Companies Act 2014
(No. 38)
|
| |
Comptroller and Auditor General (Amendment) Act 1993
(No. 8)
|
| |
Courts Service Act 1998
(No. 8)
|
| |
Criminal Justice (Corruption Offences) Act 2018
(No. 9)
|
| |
Criminal Justice Act 2006
(No. 26)
|
| |
Data Sharing and Governance Act 2019
(No. 5)
|
| |
Derelict Sites Act 1990
(No. 14)
|
| |
Development (Emergency Electricity Generation) Act 2022
(No. 35)
|
| |
Digital Hub Development Agency Act 2003
(No. 23)
|
| |
Disability Act 2005
(No. 14)
|
| |
Dublin Docklands Development Authority (Dissolution) Act 2015
(No. 55)
|
| |
Dublin Docklands Development Authority Act 1997
(No. 7)
|
| |
Dublin Transport Authority Act 2008
(No. 15)
|
| |
Education and Training Boards Act 2013
(No. 11)
|
| |
Electricity Regulation Act 1999
(No. 23)
|
| |
Energy (Miscellaneous Provisions) Act 2006
(No. 40)
|
| |
Environment (Miscellaneous Provisions) Act 2011
(No. 20)
|
| |
Environmental Protection Agency Act 1992
(No. 7)
|
| |
Ethics in Public Office Act 1995
(No. 22)
|
| |
European Communities Act 1972
(No. 27)
|
| |
European Communities Act 2007
(No. 18)
|
| |
European Parliament Elections Act 1997
(No. 2)
|
| |
Fire Services Act 1981
(No. 30)
|
| |
Foreshore Act 1933
(No. 12)
|
| |
Forestry Act 2014
(No. 31)
|
| |
Freedom of Information Act 2014
(No. 30)
|
| |
Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014
(No. 19)
|
| |
Gaeltacht Act 2012
(No. 34)
|
| |
Gas (Amendment) Act 2000
(No. 26)
|
| |
Gas (Interim) (Regulation) Act 2002
(No. 10)
|
| |
Gas Act 1976
(No. 30)
|
| |
Grangegorman Development Agency Act 2005
(No. 21)
|
| |
Greyhound Racing Act 2019
(No. 15)
|
| |
Harbours Act 1996
(No. 11)
|
| |
Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
(No. 26)
|
| |
Home Building Finance Ireland Act 2018
(No. 28)
|
| |
Housing (Miscellaneous Provisions) Act 1992
(No. 18)
|
| |
Housing (Miscellaneous Provisions) Act 1997
(No. 21)
|
| |
Housing (Miscellaneous Provisions) Act 2002
(No. 9)
|
| |
Housing (Miscellaneous Provisions) Act 2009
(No. 22)
|
| |
Housing (Miscellaneous Provisions) Act 2014
(No. 21)
|
| |
Housing (Regulation of Approved Housing Bodies) Act 2019
(No. 47)
|
| |
Housing (Traveller Accommodation) Act 1998
(No. 33)
|
| |
Housing Act 1966
(No. 21)
|
| |
Housing Acts 1966 to 2002
|
| |
Housing Acts 1966 to 2009
|
| |
Housing Acts 1966 to 2014
|
| |
Housing Acts 1966 to 2021
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Industrial and Provident Societies Acts 1893 to 2021
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Industrial Development (Amendment) Act 2018
(No. 19)
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Industrial Development Act 1986
(No. 9)
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| |
Inland Fisheries Act 2010
(No. 10)
|
| |
Institutional Burials Act 2022
(No. 18)
|
| |
Interpretation Act 2005
(No. 23)
|
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Land and Conveyancing Law Reform Act 2009
(No. 27)
|
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Land Development Agency Act 2021
(No. 26)
|
| |
Landlord and Tenant Acts 1967 to 2019
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| |
Lands Clauses Consolidation Act 1845
(8 & 9 Vict. c. 18)
|
| |
Legal Services Regulation Act 2015
(No. 65)
|
| |
Licensing of Indoor Events Act 2003
(No. 15)
|
| |
Limited Partnerships Act 1907
(7 Edw. 7, c. 24)
|
| |
Litter Pollution Act 1997
(No. 12)
|
| |
Local Government (Ireland) Act 1898
(61 & 62 Vict. c. 37)
|
| |
Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(No. 7)
|
| |
Local Government (No. 2) Act 1960
(No. 40)
|
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Local Government (Planning and Development) Act 1963
(No. 28)
|
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Local Government (Planning and Development) Act 1990
(No. 11)
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Local Government (Sanitary Services) Act 1964
(No. 29)
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Local Government Act 1925
(No. 5)
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Local Government Act 1991
(No. 11)
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Local Government Act 2001
(No. 37)
|
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Local Government Act 2019
(No. 1)
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Local Government Acts 1941, 1946, 1955 and 1991
|
| |
Local Government Rates and Other Matters Act 2019
(No. 24)
|
| |
Local Government Reform Act 2014
(No. 1)
|
| |
Maritime Area Planning Act 2021
(No. 50)
|
| |
Minerals Development Act 1940
(No. 31)
|
| |
Minerals Development Act 2017
(No. 23)
|
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Ministers and Secretaries (Amendment) (No. 2) Act 1977
(No. 28)
|
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Multi-Unit Developments Act 2011
(No. 2)
|
| |
National Asset Management Agency Act 2009
(No. 34)
|
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National Monuments (Amendment) Act 1987
(No. 17)
|
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National Monuments (Amendment) Act 1994
(No. 17)
|
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National Monuments (Amendment) Act 2004
(No. 22)
|
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National Monuments Act 1930
(No. 2)
|
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National Monuments Acts 1930 to 2014
|
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Nursing Homes Support Scheme Act 2009
(No. 15)
|
| |
Partnership Act 1890
(53 & 54 Vict., c. 39)
|
| |
Petty Sessions (Ireland) Act 1851
(14 & 15 Vict., c. 93)
|
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Planning and Development (Housing) and Residential Tenancies Act 2016
(No. 17)
|
| |
Planning and Development (Strategic Infrastructure) Act 2006
(No. 27)
|
| |
Planning and Development Act 2000
(No. 30)
|
| |
Planning and Development Acts 2000 to 2002
|
| |
Planning and Development Acts 2000 to 2006
|
| |
Planning and Development Acts 2000 to 2007
|
| |
Planning and Development Acts 2000 to 2009
|
| |
Planning and Development Acts 2000 to 2013
|
| |
Planning and Development Acts 2000 to 2014
|
| |
Planning and Development Acts 2000 to 2016
|
| |
Planning and Development Acts 2000 to 2018
|
| |
Planning and Development Acts 2000 to 2021
|
| |
Planning and Development Acts 2000 to 2023
|
| |
Planning and Development and Foreshore (Amendment) Act 2022
(No. 47)
|
| |
Planning and Development, Heritage and Broadcasting (Amendment) Act 2021
(No. 11)
|
| |
Planning and Development, Maritime and Valuation (Amendment) Act 2022
(No. 29)
|
| |
Probation of Offenders Act 1907
(7 Edw. 7, c. 17)
|
| |
Property Values (Arbitrations and Appeals) Act 1960
(No. 45)
|
| |
Public Health (Ireland) Act 1878
(41 & 42 Vict., c. 52)
|
| |
Public Service Management (Recruitment and Appointments) Act 2004
(No. 33)
|
| |
Public Service Pensions (Single Scheme and Other Provisions) Act 2012
(No. 37)
|
| |
Public Service Superannuation (Miscellaneous Provisions) Act 2004
(No. 7)
|
| |
Public Transport Regulation Act 2009
(No. 37)
|
| |
Qualifications and Quality Assurance (Education and Training) Act 2012
(No. 28)
|
| |
Railway Safety Act 2005
(No. 31)
|
| |
Regional Technical Colleges Act 1992
(No. 16)
|
| |
Regulation of Lobbying Act 2015
(No. 5)
|
| |
Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
(No. 15)
|
| |
Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
(No. 28)
|
| |
Residential Tenancies (Amendment) Act 2019
(No. 14)
|
| |
Residential Tenancies Act 2004
(No. 27)
|
| |
Residential Tenancies Acts 2004 to 2024
|
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Road Traffic Act 1961
(No. 24)
|
| |
Road Traffic Act 1994
(No. 7)
|
| |
Roads Act 1993
(No. 14)
|
| |
Roads Act 2007
(No. 34)
|
| |
Roads Acts 1993 and 1998
|
| |
State Property Act 1954
(No. 25)
|
| |
Statistics Act 1993
(No. 21)
|
| |
Statutory Declarations Act 1938
(No. 37)
|
| |
Technological Universities Act 2018
(No. 3)
|
| |
Transport (Railway Infrastructure) Act 2001
(No. 55)
|
| |
Urban Regeneration and Housing Act 2015
(No. 33)
|
| |
Urban Renewal Act 1986
(No. 19)
|
| |
Urban Renewal Act 1998
(No. 27)
|
| |
Waste Management Act 1996
(No. 10)
|
| |
Water Environment (Abstractions and Associated Impoundments) Act 2022
(No. 48)
|
| |
Water Services (No. 2) Act 2013
(No. 50)
|
| |
Water Services Act 2007
(No. 30)
|
| |
Water Services Act 2013
(No. 6)
|
| |
Water Supplies Act 1942
(No. 1)
|
| |
Wildlife (Amendment) Act 2000
(No. 38)
|
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Number 34 of 2024
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PLANNING AND DEVELOPMENT ACT 2024
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An Act to consolidate and revise the law relating to planning and development; to provide for proper planning and sustainable development in the interests of the common good; to provide for the licensing of events and control of funfairs; for those purposes to repeal and replace the
Planning and Development Act 2000
and amend certain other enactments; for purposes unrelated to the foregoing, to amend the
Residential Tenancies Act 2004
, the
Residential Tenancies (Amendment) Act 2019
, the
Land Development Agency Act 2021
and the
National Asset Management Agency Act 2009
; ao provide for matters connected therewith.
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[17th October, 2024]
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Be it enacted by the Oireachtas as follows:
|