Planning and Development Act 2024

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Number 34 of 2024


PLANNING AND DEVELOPMENT ACT 2024


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Definitions

3. Construction of reference to act of institution of European Community or European Union

4. Orders and regulations

5. Expenses

6. Repeal

PART 2

Concept of Development

7. Material change in use

8. Short-term lettings

9. Exempted development

10. Declaration on development, exempted development, etc.

11. Section 10 supplemental provision

12. Saver for declarations under section 5 of Act of 2000

13. Licensing of appliances and cables, etc., on public roads

14. Licences under section 254 of Act of 2000

15. Saving for national monuments

16. Quarries

PART 3

Plans, Policies and Related Matters

Chapter 1

Preliminary Matters

17. Definitions

18. Public inspection

19. Evidence

20. Regulations

Chapter 2

National Planning Framework

21. National Planning Framework

22. Review of National Planning Framework

23. Procedure for review of National Planning Framework

24. Regard to be had to other matters when carrying out review under section 22

Chapter 3

National Planning Statements

25. National Planning Statement

26. Considerations for issuance of National Planning Statement

27. Continuation in force of pre-commencement Ministerial guidelines

Chapter 4

Regional Spatial and Economic Strategies

28. Regional spatial and economic strategy

29. Content of regional spatial and economic strategy

30. Review of regional spatial and economic strategy

31. Consultation about proposed new or revised regional spatial and economic strategy

32. Preparation or revision of regional spatial and economic strategy: process

33. Material alteration to draft regional spatial and economic strategy or draft revision

34. Publication of regional spatial and economic strategy

35. Implementation and monitoring of regional spatial and economic strategy

36. Consequences of new or amended National Planning Statement for regional spatial and economic strategy

37. Expedited amendment of regional spatial and economic strategy

38. Assessment of regional spatial economic strategy and revision by Office of Planning Regulator and recommendation to Minister

39. Issuance of draft direction by Office of Planning Regulator

40. Power of Minister to issue direction

41. Continuation in force of pre-commencement regional spatial and economic strategies

Chapter 5

Development Plans

42. Obligations to make and review development plan

43. Content of development plan

44. Obligation to prepare strategy for sustainable development and regeneration

45. Obligation to prepare strategy relating to economic development

46. Obligation to prepare housing development strategy

47. Obligation to prepare housing development strategy where planning authority’s functional area consists solely of city

48. Obligation to prepare strategy relating to creation, improvement and preservation of sustainable places and communities

49. Obligation to prepare strategy relating to environment and climate change

50. Obligation to prepare strategy for conservation, etc., of natural and built heritage

51. Obligation to prepare objectives for management of areas, uses and structures

52. Settlement-specific objectives

53. Consultation with Office of Planning Regulator before preparation of draft development plan

54. Notice of intention to review development plan and preparation of draft development plan

55. Making development plan

56. Interim report on implementation of development plan

57. Chief executive report on adjustment of housing development strategy and housing strategy

58. Variation of development plan

59. Variation affecting settlement-specific objectives in urban area plan or priority area plan

60. Public rights of way

61. Consequences of new or amended National Planning Statement for development plans

62. Expedited variation of development plan

63. Assessment of development plan and variation by Office of Planning Regulator and recommendation to Minister

64. Issuance of draft direction by Office of Planning Regulator

65. Power of Minister to issue direction

66. Direction affecting urban area plan, priority area plan or coordinated area plan

67. Urgent direction requiring chief executive to vary development plan

68. Continuation in force of pre-commencement development plan

69. Notices under section 11 of Act of 2000

Chapter 6

Urban Area Plans, Priority Area Plans and Coordinated Area Plans

70. Statutory obligations

71. Urban area plans

72. Priority area plans

73. Coordinated area plans

74. Conditions of urban area plans, priority area plans and coordinated area plans

75. Procedure for preparing and making urban area plans and priority area plans

76. Procedure for preparing and making coordinated area plans

77. Automatic revocation of urban area plans, priority area plans and coordinated area plans in certain circumstances

78. Assessment of urban area plans, priority area plans and coordinated area plans by Office of Planning Regulator and recommendation to Minister

79. Issuance of draft direction by Office of Planning Regulator

80. Power of Minister to issue direction

81. Continuation in force of pre-commencement local area plans

PART 4

Development Consents

Chapter 1

Preliminary and General

82. Interpretation

83. Obligation to seek permission for development

84. Application for permission

85. Eligibility to make application

Chapter 2

Obligations on Planning Authority and Commission

86. Matters to which planning authority and Commission shall have regard

87. Conditions that may be attached to permission granted under Part

Chapter 3

Standard Development

88. General

89. Pre-application consultation required for certain developments

90. Pre-application consultation

91. LRD meeting

92. LRD opinion

93. Request for meeting where certain aspects of proposed development not confirmed

94. Opinion with regard to making of application where certain aspects of proposed development not confirmed

95. Application for permission for standard development

96. Outline permission

97. Procedural powers of planning authority

98. Decision in relation to standard planning application

99. Application for permission for development in material contravention of development plan or National Marine Planning Framework

100. Notification of decision of planning authority

101. Time limit for decision of planning authority

102. Persons eligible to appeal decision of planning authority

103. Bringing of appeal to Commission

104. Adoption by Commission of determination of planning authority relating to screening for environmental impact assessment

105. Submissions to Commission on appeal

106. Revisions to plans for development on appeal

107. Procedural powers of Commission on appeal

108. Dismissal of appeals where vexatious, etc.

109. Decision of Commission on appeal

110. Decision of Commission in relation to development in contravention of certain plans

111. Notification of decision in relation to appeal under this Chapter

112. Appeals against conditions

113. Time limits for determination of appeal by Commission

Chapter 4

Planning Applications Directly to Commission

114. Definitions

115. General

116. Pre-application consultation

117. Requirement to enter into pre-application consultation prior to making application under Chapter

118. Request for meeting where certain aspects of proposed development not confirmed

119. Opinion with regard to making of application where certain aspects of proposed development not confirmed

120. Making of application to Commission

121. Report and information to be furnished by appropriate planning authority

122. Procedural powers of Commission

123. Decision of Commission

124. Decision on application for permission for development in material contravention of certain plans

125. Notification of decisions of Commission under Chapter

126. Time limit for decision of Commission

127. Reimbursement of Commission by applicant for permission

128. Additional provisions relevant to strategic gas infrastructure development and electricity transmission infrastructure development

129. Applications for retrospective consent

130. Submissions on applications for retrospective consent

131. Decision on application for retrospective consent

132. Applications for retrospective consent: direction to cease

133. Refusal of retrospective consent: direction by Commission to take remedial measures

134. Retrospective consent: enforcement

135. Exceptional circumstances

136. Continued application of section 146B of Act of 2000 for certain purposes

137. Opinion under section 287 of Act of 2000 deemed to be Chapter 4 PAC notification

Chapter 5

Alteration, Extension and Revocation of Permission

138. Interpretation

139. Consultation before request under section 140

140. Request for alteration or extension of permission

141. Limitations on extension of duration of permission

142. Non-material alteration of permission

143. Material alteration of permission

144. Procedural powers of planning authority in relation to material alteration request

145. Procedural powers of Commission in relation to material alteration request

146. Time limits for deciding material alteration request where deciding authority is planning authority

147. Time limits for deciding material alteration request where deciding authority is Commission

148. Material contravention of development plan or National Marine Planning Framework

149. Revocation or modification of permission by planning authority

150. Revocation or modification of permission by Minister

Chapter 6

Local Authority Development and State Authority Development

151. Definition

152. Local authority development

153. Local authority development requiring public notice

154. State authority prescribed development

155. State authority development emergency order

156. State authority development not requiring permission

157. State authority urgent development order

158. Public notification procedure

159. Confirmation by local authority

160. Confirmation by State authority

161. Local authority housing development

162. Continued operation of Parts X and XAB of Act of 2000 for certain purposes

163. Continued operation of section 181 of Act of 2000 for certain purposes

164. Continued operation of sections 181A and 181B of Act of 2000 for certain purposes

165. Continued operation of sections 182A, 182AA and 182B of Act of 2000 for certain purposes

166. Continued operation of sections 182C and 182D of Act of 2000 for certain purposes

Chapter 7

Miscellaneous

167. Consultations under Part

168. Submissions or observations under Part

169. Seveso III Directive

170. Permission for demolition of protected structure

171. Permission in breach of agreement with planning authority

172. Withdrawal or invalidity of planning applications and appeals

173. Refusal of planning permission for past failures to comply

174. Effect of judicial review of Maritime Area Consent on application or appeal under Part

175. Effect of revocation of Maritime Area Consent on application under Part

176. Effect of appeal to Commission under Chapter 3 on making application under Part

177. Duration of permission granted under Part

178. Phasing plans

179. Effect of expiration of duration of permission

180. Suspension of running of duration of permission during judicial review proceedings

181. Effect of grant of permission under Part

182. Nuclear fission

183. Regulations under Part

184. Disclosure of details of certain internal arrangements of proposed State authority development

185. Continued application of section 45 of Act of 2000 for certain purposes

186. Continued operation of sections 285, 291, 292, 293, 294 and 295 of Act of 2000 for certain purposes

187. Continued operation of sections 297, 298, 299, 300, 301 and 302 of Act of 2000 for certain purposes

188. Status of permission, consent, approval granted under Act of 2000

PART 5

Developments at Dublin Airport

189. Interpretation

190. Application of Part

191. Proposed development at Dublin Airport

192. Supplementary provisions relating to operating restriction included in planning permission

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

194. Supplementary provisions relating to decisions on applications referred to in subsection (1) of section 191 or subsection (1) of section 192

PART 6

Environmental Assessments

Chapter 1

Preliminary and General

195. Definitions

196. Duties of independence, confidentiality, etc.

197. Access to expertise

Chapter 2

Appropriate Assessment of Plans

198. Interpretation

199. Purpose of Chapter

200. Performance of functions by competent authority

201. Prohibition on making of plans except in certain circumstances

202. Obligation to carry out screening for appropriate assessment of plans

203. Natura impact report

204. Consultation on Natura impact report

205. Appropriate assessment of plans

206. Imperative reasons of overriding public interest (no priority habitat or priority species)

207. Imperative reasons of overriding public interest (priority habitat or priority species)

Chapter 3

Appropriate Assessment of Development and Proposed Development

208. Interpretation

209. Performance of functions by competent authority

210. Purpose of Chapter

211. Prohibition on grant of permission except in certain circumstances

212. Screening for appropriate assessment of relevant development

213. Screening for appropriate assessment of local authority development and State authority development

214. Screening for appropriate assessment for purposes of determining if development is exempted development

215. Natura impact statement

216. Consultation on Natura impact statement

217. Appropriate assessment of relevant development

218. Additional provisions applicable to application in connection with development already carried out

219. Imperative reasons of overriding public interest (no priority habitat or priority species)

220. Invitation to applicant for permission to make request under subsection (3) of section 215 (no priority habitat or priority species)

221. Imperative reasons of overriding public interest (priority habitat or priority species)

222. Invitation to applicant for permission to make request under subsection (3) of section 215 (priority habitat or priority species)

Chapter 4

Environmental Assessment of Development

223. Interpretation

224. Purpose of Chapter

225. Obligation to carry out screening for environmental impact assessment and environmental impact assessment

226. Prohibition on grant of permission except in certain circumstances

227. Exemption from requirement for assessment by Commission

228. Exemption from requirement for assessment by Minister

229. Screening for environmental impact assessment of relevant development

230. Screening for environmental impact assessment of local authority development and State authority development

231. Application for screening determination prior to application for permission for relevant development

232. Screening for environmental impact assessment for purposes of determining if development is exempted development

233. Request for scoping opinion

234. Preparation and submission of environmental impact assessment report

235. Consultation on environmental impact assessment report

236. Environmental impact assessment of relevant development

237. Additional provisions applicable to application in connection with development already carried out

238. Transboundary environmental impacts

239. Joint environmental assessment of relevant development by competent authority

240. Coordination of environmental impact assessments under different enactments

241. Environmental impact assessment portal

PART 7

Housing Strategy and Supply

Chapter 1

Housing Strategy

242. Housing strategy

243. Development plans for which housing strategy has already been made

Chapter 2

Housing Supply

244. Interpretation

245. Application of Chapter

246. Provision of social and affordable housing, etc.

247. Agreement relating to transfers to planning authority

248. Applicant to specify manner of proposed compliance with condition under section 246

249. Dispute in relation to agreement

250. Compensation

251. Property arbitrator

252. Transfers

253. Sale, lease or exchange of land

254. Certification of development to which this Chapter does not apply

255. Offences in relation to certificate

256. Planning authority functions concerning housing

PART 8

Miscellaneous Powers of Planning Authorities

Chapter 1

Control of Development

257. Agreements restricting or regulating development or use of land

258. Notice requiring discontinuance of works or use or removal or alteration of structure

259. Provisions consequential on notice under section 258

Chapter 2

Public Components of Certain Developments

260. Application of Chapter and definitions

261. Taking in charge of public components of developments by planning authority

262. Taking in charge of certain public components of developments by Uisce Éireann

263. Continued application of section 180 of Act of 2000 for certain purposes

264. Acquisition by planning authority of public components of certain developments

265. Supplementary provisions relating to sections 261, 262 and 264

Chapter 3

Amenities

266. Area of special amenity

267. Tree preservation orders

268. Creation of public rights of way by agreement

269. Creation of public rights of way compulsorily

270. Supplemental provisions with respect to public rights of way

271. Orders and notices under section 205 of Act of 2000

272. Agreements under section 206 of Act of 2000

273. Orders, notices and appeals under section 207 of Act of 2000

Chapter 4

Miscellaneous

274. Repair and tidying of advertisement structures and advertisements

275. Cables, wires and pipelines (land)

276. Cables, wires and pipelines (maritime sites)

277. Amendment of permission by planning authority

PART 9

Judicial Review and Decision-Making

Chapter 1

Part 9 Judicial Review

278. Interpretation

279. Application of Chapter

280. Procedure for commencing Part 9 judicial review

281. Time limits applicable to Part 9 judicial review

282. Conduct of Part 9 judicial review

283. Applications to strike out Part 9 judicial review

284. Stays on Part 9 judicial review

285. Entitlement to bring proceedings

286. Sufficient interest

287. Part 9 judicial review - appeals

288. Amendments of decisions or documents subject to Part 9 judicial review

289. Declarations of invalidity

290. Provisions generally applicable to Part 9 judicial review

CHAPTER 2

Costs Relating to Certain Proceedings

291. Interpretation

292. Application of Chapter

293. Costs in relation to certain proceedings

294. Regulation of costs payable in respect of prescribed matters

295. Environmental legal costs financial assistance mechanism

296. Applications for contribution to costs to be made from environmental legal costs financial assistance mechanism

297. Application in respect of certain payments relevant to Aarhus Convention proceedings

298. Application for determination of application of Chapter to proceedings

299. Further provisions relevant to environmental legal costs financial assistance mechanism

300. Provisions applicable to regulations under Chapter

301. Amendment of Environment (Miscellaneous Provisions) Act 2011

302. Provision for certain legal costs in relation to environmental matters

CHAPTER 3

Transitional Arrangement and Saver

303. Continued application of sections 50, 50A and 50B of Act of 2000 for limited period

304. Amendment of sections 50 and 50B of Act of 2000

PART 10

Architectural Heritage

CHAPTER 1

Protected Structures

305. Interpretation and general

306. Record of protected structures

307. Additions to and deletions from record of protected structures

308. Recommendations to planning authorities concerning specific structures

309. Procedure for making additions, deletions and amendments to record of protected structures

310. Declarations relevant to works relating to protected structures or proposed protected structures

311. Duty of owners and occupiers to protect structures from endangerment

312. Notice to require works to be carried out in relation to endangerment of protected structures and proposed protected structures

313. Notice to require works to be carried out in relation to endangerment of protected structures and proposed protected structures in cases of urgency

314. Notice to require restoration of character of protected structures and structures in architectural conservation areas

315. Appeals against notices

316. Effective date of notices

317. Offence relating to endangerment of protected structures or proposed protected structures

318. Owners’ powers in relation to notices concerning endangerment or restoration of structures

319. Application to District Court for necessary consent

320. Jurisdiction of District Court

321. Application to court for contribution to cost of carrying out works

322. Permission not required for any development required under this Chapter

323. Planning authority’s power to carry out works to protected structures, proposed protected structures and structures in architectural conservation areas

324. Recovery by planning authority of expenses for carrying out works on endangered structures

325. Acquisition of protected structures

326. Use of protected structure acquired by planning authority

327. Obligations of sanitary authorities in respect of protected structures and proposed protected structures

328. Grants to planning authorities in respect of functions under this Part

329. Notices under sections 59 and 60 of Act of 2000

CHAPTER 2

Architectural Conservation Areas and Areas of Special Planning Control

330. Definition

331. Architectural conservation areas

332. Recommendations to planning authorities concerning architectural conservation areas

333. Declaration on works affecting character of architectural conservation areas

334. Acquisition within architectural conservation area

335. Special planning control scheme

336. Making of special planning control scheme

337. Modification, revocation and extension of special planning control scheme

338. Declaration on development affecting area of special planning control

339. Notice relating to structures or other land in area of special planning control

340. Implementation of notice under section 339

341. Court may compel compliance with notice under section 339

342. Offence to fail to comply with notice under section 339

343. Permission not required for any development required under this Chapter

344. Scheme under section 85 of Act of 2000

345. Draft scheme under section 84 of Act of 2000

PART 11

Enforcement

346. Definitions

347. Offence

348. Functions of enforcement authority

349. Warning letter

350. Enforcement notice

351. Planning injunctions in relation to unauthorised development

352. Permission not required for works required under Part

353. Time limits

354. Penalties for offences

355. Prosecution of offences

356. Designated regional enforcement authority

357. Development in Dublin Docklands Area

PART 12

Appeal Procedures, Planning Register and Records, and Miscellaneous Powers and Procedures

Chapter 1

Definitions

358. Definitions

Chapter 2

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

Industrial and Provident Societies Acts 1893 to 2021

Industrial Development (Amendment) Act 2018 (No. 19)

Industrial Development Act 1986 (No. 9)

Inland Fisheries Act 2010 (No. 10)

Institutional Burials Act 2022 (No. 18)

Interpretation Act 2005 (No. 23)

Land and Conveyancing Law Reform Act 2009 (No. 27)

Land Development Agency Act 2021 (No. 26)

Landlord and Tenant Acts 1967 to 2019

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)

Local Government (Planning and Development) Act 1963 (No. 28)

Local Government (Planning and Development) Act 1990 (No. 11)

Local Government (Sanitary Services) Act 1964 (No. 29)

Local Government Act 1925 (No. 5)

Local Government Act 1991 (No. 11)

Local Government Act 2001 (No. 37)

Local Government Act 2019 (No. 1)

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)

Ministers and Secretaries (Amendment) (No. 2) Act 1977 (No. 28)

Multi-Unit Developments Act 2011 (No. 2)

National Asset Management Agency Act 2009 (No. 34)

National Monuments (Amendment) Act 1987 (No. 17)

National Monuments (Amendment) Act 1994 (No. 17)

National Monuments (Amendment) Act 2004 (No. 22)

National Monuments Act 1930 (No. 2)

National Monuments Acts 1930 to 2014

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)

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

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


PLANNING AND DEVELOPMENT ACT 2024

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.

[17th October, 2024]

Be it enacted by the Oireachtas as follows: