LegalizeS.I. No. 86/1994 - Local Government (Planning and Development) Regulations, 1994
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
21 amending acts · 2001-12-23, TRANSPORT (RAILWAY INFRASTRUCTURE) ACT, 2001
S.I. No. 86 of 1994.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1994
ARRANGEMENT OF ARTICLES
PART I Preliminary and General
Article
PART II Development Plans
5. Authorities prescribed under section 21 (1) (a) of Act of 1963.
6. Documents prescribed under section 21 (1) (a) of Act of 1963.
7. Copies of development plans and extracts.
PART III Exempted Development
8. Interpretation for Part III.
10. Restrictions on exemption.
12. Saver for certain development.
13. Prescribed development for purposes of section 4 (4) of Act of 1963.
PART IV Permission Regulations
14. Notice of planning application.
18. Content of planning applications generally.
19. Applications for permission.
21. Effect of outline permission.
22. Applications for approval.
23. Plans, drawings and maps accompanying planning applications.
24. Certain planning applications to be accompanied by environmental impact statement.
25. Procedure where planning application not accompanied by environmental impact statement.
28. Content of environmental impact statement.
29. Procedure on receipt of planning application.
30. Planning authority notice.
31. Notice to Minister of certain planning applications.
34. Submissions or observations in relation to planning applications.
36. Availability of documents relating to planning applications.
37. Availability for purchase of copies of environmental impact statements and extracts.
39. Minimum period for determination of planning application.
40. Withdrawal of planning application.
41. Notification of decision on planning application.
43. Additional notice in certain cases.
44. Provision of forms and instructions.
45. Notice of extension of appropriate period.
PART V APPEALS AND OTHER MATTERS WITH WHICH AN BORD PLEANÁLA IS CONCERNED.
CHAPTER I Application of certain provisions of Act of 1992
48. Application of certain provisions of Act of 1992 to appeals under section 27 (4) of Act of 1963.
49. Application of certain provisions of Act of 1992 to certain other appeals.
50. Submission of documents, etc. to Board by planning authorities.
51. Availability for inspection of copies of appeals.
53. Application of certain provisions of Act of 1992 to references.
CHAPTER II Appeals against decisions of planning authorities on planning applications
54. Definition for Chapter II.
57. Content of environmental impact statement.
58. Consideration of adequacy of information contained in environmental impact statement.
59. Availability for inspection and purchase of environmental impact statement.
60. Notice to Minister of certain appeals.
61. Notice of certain appeals.
64. Availability for inspection of copies of appeals.
65. Notification by Board of decision on appeal.
66. Notification by Board of decision on appeal — additional requirement in certain cases.
CHAPTER III Determinations
67. Definitions for Chapter III.
68. Power of Board to require submission of documents, etc. in case of determinations.
CHAPTER IV Appeals generally and other matters
70. Notice of appeal or reference.
71. Inspections in relation to appeals, references and determinations.
72. Additional requirements as to giving of notice by Board.
CHAPTER V Oral hearings
73. Interpretation for Chapter V.
75. Procedure at oral hearing.
76. Adjournment or re-opening of oral hearing.
77. Replacement of person appointed to conduct oral hearing.
CHAPTER VI General
PART VI EXTENSION OF DURATION OF PLANNING PERMISSION
79. Interpretation for Part VI.
80. Time at which application to extend or further extend appropriate period may be made.
81. Content of application to extend appropriate period.
82. Content of application to further extend appropriate period.
83. Procedure on receipt of application to extend or further extend appropriate period.
85. Notification of decision on application to extend or further extend appropriate period.
PART VII FEES
CHAPTER I General
CHAPTER II Fees payable to a planning authority in respect of planning applications
88. Fee for planning application.
91. Fee for certain planning applications relating to retention of structures or continuance of use.
94. Refund of fee in case of certain repeat applications.
95. Refund of fee in certain other cases.
96. Discretionary power to refund fee in certain limited circumstances.
97. Applications involving mixed development.
98. Applications involving multi-purpose development.
99. Applications involving alternative plans.
100. Calculation of site area and gross floor space.
CHAPTER III Fees payable to the Board
103. Fee for requests for determinations.
104. Reduced fee payable in certain circumstances.
105. Fee for submissions or observations to the Board.
106. Fee for requests for oral hearings.
CHAPTER IV Fee payable to planning authority in respect of application to extend or further extend appropriate period
107. Fee for application to extend or further extend appropriate period.
PART VIII COMPENSATION
108. Definition for Part VIII.
111. Provision of certain evidence and information.
112. Application under section 14 of Act of 1990.
113. Notice under section 13 of Act of 1990.
PART IX ENVIRONMENTAL IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY OR ON BEHALF OF LOCAL AUTHORITIES
115. Restriction of application of Part IX.
116. Environmental impact statement to be prepared in respect of certain proposed development.
118. Content of environmental impact statement.
119. Certain development not to be carried out without certification of Minister.
120. Notice of application for certification.
121. Availability for purchase of copies of environmental impact statements and extracts.
122. Notice of application for certification to certain bodies.
123. Application for certification of Minister.
125. Consultation with other Member States of European Communities.
126. Minister to have regard to certain matters in considering application for certification.
127. Power of Minister to vary or modify proposed development.
128. Notice of Minister's decision in relation to application for certification.
PART X REQUIREMENTS IN RESPECT OF SPECIFIED DEVELOPMENT BY OR ON BEHALF OF LOCAL AUTHORITIES
130. Development to which Part X applies.
131. Notice of proposed development.
132. Notice of proposed development to certain bodies.
133. Availability for inspection of plans and particulars.
134. Report with respect to proposed development.
135. Notice following compliance with requirements of Part X.
PART XI APPOINTMENT OF CHAIRMAN AND ORDINARY MEMBERS OF AN BORD PLEANÁLA
138. Procedure where request under section 5(7) of Act of 1983 made to committee.
140. Requirement to submit further particulars.
141. Interviewing of applicants.
142. Cesser of entitlement to further consideration by committee.
145. Prescribed organisations for purposes of section 7 (2) (a) of Act of 1983.
146. Prescribed organisations for purposes of section 7 (2) (b) of Act of 1983.
147. Prescribed organisations for purposes of section 7 (2) (c) of Act of 1983.
148. Prescribed organisations for purposes of section 7 (2) (d) of Act of 1983.
149. Duty of prescribed organisation on receipt of request pursuant to section 7 (3) of Act of 1983.
PART XII LICENSING UNDER SECTION 89 OF ACT OF 1963
151. Appliances and structures suitable for being licensed.
152. Fees for licences under section 89 of Act of 1963.
153. Additional fee for advertising use.
154. Disposal of licence fees.
PART XIII PROVISIONS WITH RESPECT TO CERTAIN DEVELOPMENT BY OR ON BEHALF OF STATE AUTHORITIES
156. Specified development for purposes of section 2 (1) (a) (i) of Act of 1993.
157. Specified development for purposes of section 2 (1) (a) (ii) of Act of 1993.
158. Notice of proposed development.
159. Notice of proposed development to planning authority.
160. Availability for inspection of plans and particulars.
161. State authority to have regard to certain matters.
162. Notice of decision with respect to proposed development.
PART XIV MISCELLANEOUS
163. Prescribed authorities for purposes of section 46 of Act of 1963.
164. Public authorities for purposes of section 5 of Act of 1976.
166. Persons to whom section 32 of Act of 1976 applies.
167. Form of declaration under section 32 of Act of 1976.
FIRST SCHEDULE
REGULATIONS REVOKED
SECOND SCHEDULE
EXEMPTED DEVELOPMENT
THIRD SCHEDULE
PRESCRIBED FORMS
FOURTH SCHEDULE
FEES FOR PLANNING APPLICATIONS
FIFTH SCHEDULE
FEES PAYABLE TO THE BOARD
SIXTH SCHEDULE
MISCELLANEOUS FEES
SEVENTH SCHEDULE
LICENCE FEES UNDER SECTION 89 OF ACT OF 1963 IN RESPECT OF SPECIFIED APPLIANCES AND STRUCTURES
S.I. No. 86 of 1994.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1994.
The Minister for the Environment, in exercise of the powers conferred on him—
- (i) by sections 10 , 19 and 89 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), by section 4 of that Act as amended by section 43 of the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976) and Article 6 of the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), by section 8 of that Act as amended by section 12 of the Local Government (Planning and Development) Act, 1982 (No. 21 of 1982), by section 21 of that Act as amended by section 43 of the Local Government (Planning and Development) Act, 1976 , by section 25 of that Act as amended by section 39 of the Local Government (Planning and Development) Act, 1976 , Article 7 of the European Communities (Environmental Impact Assessment) Regulations, 1989 and Article 5 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 ( S.I. No. 84 of 1994 ), by section 26 of that Act as amended by section 39 of the Local Government (Planning and Development) Act, 1976 , Article 8 of the European Communities (Environmental Impact Assessment) Regulations, 1989, section 45 of the Local Government Act, 1991 (No. 11 of 1991), section 3 of the Local Government (Planning and Development) Act, 1992 (No. 14 of 1992) and Article 6 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994, by section 46 of that Act as amended by section 40 of the Local Government (Planning and Development) Act, 1976 , and by section 78 of that Act as amended by Article 10 of the European Communities (Environmental Impact Assessment) Regulations, 1989, section 3 of the Local Government (Planning and Development) Act, 1993 (No. 12 of 1993) and Article 8 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994, and
- (ii) by sections 5 , 32 and 35 of the Local Government (Planning and Development) Act, 1976 , and by section 25 of that Act as amended by section 3 of the Local Government (Planning and Development) Act, 1990 (No. 11 of 1990), and
- (iii) by sections 10 and 11 of the Local Government (Planning and Development) Act, 1982 , and
- (iv) by section 7 of the Local Government (Planning and Development) Act, 1983 (No. 28 of 1983), and by section 5 of that Act as amended by the Local Government (Planning and Development) Act, 1983 (Section 5) Order, 1993 ( S.I. No. 343 of 1993 ), and
- (v) by sections 6 and 13of the Local Government (Planning and Development) Act, 1990, and
- (vi) by section 5 of the Local Government (Planning and Development) Act, 1992 , and by section 18 of that Act as amended by Article 9 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994, and
- (vii) by section 2 of the Local Government (Planning and Development) Act, 1993 ,
and with the consent of the Minister for Finance for Part VII of these Regulations, hereby makes the following Regulations:—
PART I PRELIMINARY AND GENERAL
1 Citation.
1.
1. These Regulations may be cited as the Local Government (Planning and Development) Regulations, 1994.
2 Commencement.
2.
2. (1) Subject to sub-article (2), these Regulations shall come into operation on the 16th day of May, 1994.
- (2) Parts X and XIII, and article 9 (1) (a) with respect to development of classes 32, 34, 35, 46 and 47 specified in column 1 of Part I of the Second Schedule, shall come into operation on the 15th day of June, 1994.
3 Interpretation.
3.
3. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.
- (2) In these Regulations, any reference to a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to the sub-article, paragraph or sub-paragraph of the provision in which the reference occurs.
- (3) In these Regulations, except where the context otherwise requires—
"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 ;
"the Act of 1976" means the Local Government (Planning and Development) Act, 1976 ;
"the Act of 1982" means the Local Government (Planning and Development) Act, 1982 ;
"the Act of 1983" means the Local Government (Planning and Development) Act, 1983 ;
"the Act of 1990" means the Local Government (Planning and Development) Act, 1990;
"the Act of 1992" means the Local Government (Planning and Development) Act, 1992 ;
"the Act of 1993" means the Local Government (Planning and Development) Act, 1993 ;
"the Acts" means the Local Government (Planning and Development) Acts, 1963 to 1993;
"appeal" means an appeal to the Board under the Acts or any order made under the Acts;
"approval" means an approval consequent on an outline permission or an approval which is required to be obtained under a condition subject to which a permission or an approval is granted under the Acts;
"the Board" means An Bord Pleanála;
"the Environmental Impact Assessment Regulations" means the European Communities (Environmental Impact Assessment) Regulations, 1989;
"environmental impact statement" means a statement of the effects, if any, which proposed development, if carried out, would have on the environment;
"minerals" means all minerals and substances in or under land of a kind ordinarily worked by underground or by surface working for removal but does not include turf;
"the Minister" means the Minister for the Environment;
"oral hearing" means an oral hearing by the Board of an appeal or reference;
"outline application" means an application for an outline permission;
"outline permission" means a permission for development subject to the subsequent approval of the planning authority;
"permission" includes outline permission;
"planning application" means an application to a planning authority for permission to develop land and includes—
( a ) an outline application,
( b ) an application for an approval,
( c ) an application for permission for the retention of a structure, and
( d ) an application for permission for the continuance of any use of any structure or other land;
"reference" means a reference under section 5 of the Act of 1963;
"register" means the register kept by a planning authority pursuant to section 8 of the Act of 1963;
"State authority" means any authority being a Minister of the Government or the Commissioners of Public Works in Ireland.
- (4) In these Regulations, a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment or instrument.
4 Revocations.
4.
4. The Regulations mentioned in the First Schedule are hereby revoked.
PART II DEVELOPMENT PLANS
5 Authorities prescribed under section 21 (1) (a) of Act of 1963.
5.
5. The prescribed authorities for the purposes of section 21 (1) (a) of the Act of 1963 shall be—
( a ) Bord Fáilte Éireann,
( b ) the Central Fisheries Board,
( c ) An Chomhairle Ealaíon,
( d ) the Commissioners of Public Works in Ireland,
( e ) the Electricity Supply Board,
( f ) Forfás,
( g ) the Minister for Agriculture, Food and Forestry,
( h ) the Minister for Arts, Culture and the Gaeltacht,
( i ) the Minister for Defence,
( j ) the Minister for Transport, Energy and Communications,
( k ) the National Authority for Occupational Safety and Health,
( l ) the National Monuments Advisory Council,
( m ) the appropriate Regional Fisheries Board,
( n ) in the case of a planning authority any part of whose functional area is situate within the functional area of the Shannon Free Airport Development Company Ltd., that Company,
( o ) An Taisce — the National Trust for Ireland,
( p ) the Minister,
( q ) the Board,
( r ) the National Roads Authority,
( s ) every planning authority whose area is contiguous to the area of the planning authority which prepared the draft,
( t ) every local authority in the area to which the draft relates, and
( u ) the regional authority established by order under section 43 of the Local Government Act, 1991 within whose region the functional area of the planning authority is situate, and any regional authority whose region is contiguous to the region of the first-mentioned regional authority.
6 Documents prescribed under section 21 (1) (a) of Act of 1963.
6.
6. The prescribed documents for the purposes of section 21 (1) (a) of the Act of 1963 shall be—
( a) in relation to the authorities prescribed at (a) to (o) of article 5—
- (i) a copy of the notice of the preparation of the draft published in accordance with section 21 (1) (b) of the Act of 1963,
- (ii) a copy of the written statement comprised in any draft of a proposed development plan, or of proposed variations of a development plan, and
- (iii) a copy of any plan, diagram or other illustrative material comprised in the draft;
( b) in relation to the authorities prescribed at (p) to (u) of article 5—
- (i) a copy of the notice of the preparation of the draft published in accordance with section 21 (1) (b) of the Act of 1963,
- (ii) three copies of the written statement comprised in any draft of a proposed development plan, or of proposed variations of a development plan, and
- (iii) three copies of any plan, diagram or other illustrative material comprised in the draft.
7 Copies of development plans and extracts.
7.
7. (1) A planning authority shall make available for purchase by the public copies of a development plan and extracts therefrom.
- (2) Where application is made to a planning authority by a member of the public for a copy of a development plan or of an extract therefrom, the copy shall be issued to the applicant on payment to the planning authority of such fee as they may fix not exceeding the reasonable cost of making the copy.
PART III EXEMPTED DEVELOPMENT
8 Interpretation for Part III.
8.
8. (1) In this Part—
"amusement arcade" means premises used for the playing of gaming machines, video games or other amusement games;
"betting office" means premises for the time being registered in the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 (No. 27 of 1931);
"business premises" means—
( a ) any structure or other land (not being an excluded premises) which is normally used for the carrying on of any professional, commercial or industrial undertaking or any structure (not being an excluded premises) which is normally used for the provision therein of services to persons,
( b ) a hotel or public house,
( c ) any structure or other land used for the purposes of, or in connection with, the functions of a State authority;
"care" means personal care, including help with physical or social needs;
"day centre" means non-residential premises used for social or recreational purposes or for the provision of care (including occupational training);
"dwellinghouse" does not, as regards development of classes 1, 2, 4, 6 (b) (ii) or 7 specified in column 1 of Part I of the Second Schedule, include a building designed for use and used as two or more separate flats or apartments, or a flat or apartment contained within such a building;
"excluded premises" means—
( a ) any premises used for purposes of a religious, educational, cultural, recreational or medical character,
( b ) any guest house or other premises (not being a hotel) providing overnight guest accommodation, block of flats or apartments, club, boarding house or hostel,
( c ) any structure which was designed for use as one or more separate dwellings, except such a structure which was used as business premises immediately before the 1st day of October, 1964 or is so used with permission under the Acts;
"habitable house" means a building or part of a building which—
( a ) is used as a dwelling, or
( b ) is not in use but when last used was used, disregarding any unauthorised use, as a dwelling, or
( c ) was provided for use as a dwelling but has not been occupied;
"illuminated" in relation to any advertisement, sign or other advertisement structure means illuminated internally or externally by artificial lighting, directly or by reflection, for the purpose of advertisement, announcement or direction;
"industrial building" means a structure (not being a shop, or a structure in or adjacent to and belonging to a quarry or mine) used for the carrying on of any industrial process;
"light industrial building" means an industrial building in which the processes carried on or the plant or machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit;
"industrial process" means any process which is carried on in the course of trade or business other than agriculture and which is for or incidental to the making of any article or part of an article (including a vehicle, aircraft, ship or vessel, or a film, video or sound recording), or the altering, repairing, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article, including the getting, dressing or treatment of minerals;
"industrial undertaker" means a person by whom an industrial process is carried on and "industrial undertaking" shall be construed accordingly;
"motor vehicle" means a mechanically propelled vehicle for the purposes of the Road Traffic Act, 1961 (No. 24 of 1961);
"painting" includes any application of colour;
"repository" means a structure (excluding any land occupied therewith) where storage is the principal use and where no business is transacted other than business incidental to such storage;
"shop" means a structure used for any or all of the following purposes, where the sale, display or service is principally to visiting members of the public—
( a ) for the retail sale of goods,
( b ) as a post office,
( c ) for the sale of tickets or as a travel agency,
( d ) for the sale of sandwiches or other cold food for consumption off the premises,
( e ) for hairdressing,
( f ) for the display of goods for sale,
( g ) for the hiring out of domestic or personal goods or articles,
( h ) as a launderette or dry cleaners,
( i ) for the reception of goods to be washed, cleaned or repaired,
but does not include use for the direction of funerals or as a funeral home, or as a hotel, a restaurant or a public house, or for the sale of hot food for consumption off the premises, or any use to which class 2 or 3 of Part IV of the Second Schedule applies;
"wholesale warehouse" means a structure where business, principally of a wholesale nature, is transacted and goods are stored or displayed but only incidentally to the transaction of that business.
- (2) In the Second Schedule, unless the context otherwise requires, any reference to the height of a structure, plant or machinery shall be construed as a reference to its height when measured from ground level, and for that purpose "ground level" means the level of the ground immediately adjacent to the structure, plant or machinery or, where the level of the ground where it is situate or is to be situate is not uniform, the level of the lowest part of the ground adjacent to it.
9 Exempted development.
9.
9. (1) (a) Subject to paragraph (b) and article 10, development of a class specified in column 1 of Part I of the Second Schedule shall be exempted development for the purposes of the Acts, provided that such development complies with the conditions and limitations specified in column 2 of the said Part I opposite the mention of that class in the said column 1.
( b ) Development of class 29 (f) specified in column 1 of Part I of the Second Schedule which complies with the conditions and limitations specified in column 2 of the said Part I opposite the mention of that part of that class in the said column 1 shall, if commenced during the period of six months beginning on the coming into operation of this paragraph, be exempted development for the purposes of the Acts.
- (2) ( a ) Subject to article 10, development consisting of the use of a structure or other land for the exhibition of advertisements of a class specified in column 1 of Part II of the Second Schedule shall be exempted development for the purposes of the Acts, provided that—
- (i) such development complies with the conditions and limitations specified in column 2 of the said Part II opposite the mention of that class in the said column 1, and
- (ii) the structure or other land shall not be used for the exhibition of any advertisement other than an advertisement of a class which is specified in column 1 of the said Part II and which complies with the conditions and limitations specified in column 2 of the said Part II opposite the mention of that class in the said column 1.
( b ) Subject to article 10, development consisting of the erection of any advertisement structure for the exhibition of an advertisement of any one of the classes specified in column 1 of Part II of the Second Schedule shall be exempted development for the purposes of the Acts, provided that—
- (i) the area of such advertisement structure which is used for the exhibition of an advertisement does not exceed the area, if any, specified in column 2 of the said Part II opposite the mention of that class in the said column 1, and
- (ii) the advertisement structure is not used for the exhibition of advertisements other than advertisements of the class to which the exemption relates.
- (3) Subject to article 10, in areas other than county boroughs, boroughs, urban districts, towns specified in the First Schedule to the Act of 1963 and the excluded areas as defined in section 9 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985), development of a class specified in column 1 of Part III of the Second Schedule shall be exempted development for the purposes of the Acts, provided that such development complies with the conditions and limitations specified in column 2 of the said Part III opposite the mention of that class in the said column 1.
- (4) ( a ) Subject to paragraph (b), the carrying out of such works as are necessary to secure compliance with the Building Regulations, 1991 ( S.I. No. 306 of 1991 ) shall, in the case of development consisting of the construction of a dwelling or dwellings in respect of which permission under Part IV of the Act of 1963 was granted before the 1st day of June, 1992, be exempted development.
( b ) Paragraph (a) shall not apply in the case of development consisting of the construction of a building designed for use as two or more separate dwellings.
- (5) Development that a county council established by section 11 of the Local Government (Dublin) Act, 1993 (No. 31 of 1993) commences within the functional area of another county council established by that section before the 31st day of December, 1995 shall be exempted development for the purposes of the Acts.
10 Restrictions on exemption.
10.
10. (1) Development to which article 9 relates shall not be exempted development for the purposes of the Acts—
( a ) if the carrying out of such development would:—
- (i) contravene a condition attached to a permission under the Acts or be inconsistent with any use specified in a permission under the Acts,
- (ii) consist of or comprise the formation, laying out or material widening of a means of access to a public road the surfaced carriageway of which exceeds 4 metres in width,
- (iii) endanger public safety by reason of traffic hazard or obstruction of road users,
- (iv) except in the case of a porch to which class 7 specified in column 1 of Part I of the Second Schedule applies and which complies with the conditions and limitations specified in column 2 of the said Part I opposite the mention of that class in the said column 1, comprise the construction, erection, extension or renewal of a building on any street so as to bring forward the building, or any part of the building, beyond the front wall of the building on either side thereof or beyond a line determined as the building line in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan,
- (v) consist of or comprise the carrying out under a public road of works other than a connection to a wired broadcast relay service, sewer, water main, gas main or electricity supply line or cable, or any works to which class 23, 24 or 29 (a) specified in column 1 of Part I of the Second Schedule applies,
- (vi) interfere with a view or prospect of special amenity value or special interest the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan,
- (vii) consist of or comprise the excavation, alteration or demolition of caves, sites, features or other objects of archaeological, geological or historical interest the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan,
- (viii) consist of or comprise the extension, alteration, repair or renewal of an unauthorised structure or a structure the use of which is an unauthorised use,
- (ix) consist of or comprise the alteration, extension or demolition of a building or other structure, other than an alteration consisting of the painting of any previously painted part of such building or structure, where such building or structure is specified in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan, as a building or other structure, or one of a group of buildings or other structures, of artistic, architectural or historical interest:
- (I) the preservation of which it is an objective of the planning authority to secure, or
- (II) the preservation of which it is the intention of the planning authority to consider in the event of an application being made for permission to alter, extend or demolish the building or structure,
- (x) consist of—
- (I) the use for the exhibition of advertisements, other than advertisements of class 5, 9 or 15 specified in column 1 of Part II of the Second Schedule, of a building or other structure, where such building or structure is specified in a development plan for the area, or pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan, as a building or other structure, or one of a group of buildings or other structures, of artistic, architectural or historical interest the preservation of which it is an objective of the planning authority to secure,
- (II) the erection of an advertisement structure, other than a structure for the exhibition of an advertisement of class 5, 9 or 15 as aforesaid, on, or within the curtilage of, a building or other structure as aforesaid,
- (III) the erection on a building or other structure as aforesaid of a satellite television signal receiving antenna,
- (xi) consist of the demolition or such alteration of a building or other structure as would preclude or restrict the continuance of an existing use of a building or other structure where it is an objective of the planning authority to ensure that the building or other structure would remain available for such use and such objective has been specified in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft new development plan,
- (xii) consist of the fencing or enclosure of any land habitually open to or used by the public during the ten years preceding such fencing or enclosure for recreational purposes or as means of access to any seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility,
- (xiii) obstruct any public right of way, or
( b ) in an area to which a special amenity area order relates, if such development would be development:—
- (i) of class 1, 3, 15, 19, 20, 25, 26, 27 or 29 (other than paragraph (a) thereof) specified in column 1 of Part I of the Second Schedule,
- (ii) consisting of the use of a structure or other land for the exhibition of advertisements of class 1, 4, 6, 11, 16 or 17 specified in column 1 of Part II of the said Schedule or the erection of an advertisement structure for the exhibition of any advertisement of any of the said classes, or
- (iii) of class 3, 5, 6, 7, 8, 9, 10, 11 or 12 specified in column 1 of Part III of the said Schedule, or
( c ) if it is development:—
- (i) which is of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations, or under any provision amending or replacing the said Article 24, or
- (ii) which would be of a class referred to in sub-paragraph (i) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class and which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) is required,
unless that development is required by the Environmental Impact Assessment Regulations or any other statutory provision to comply with procedures (not being procedures relating to applications for permission under Part IV of the Act of 1963 or to applications for licences under Part IV of the Environmental Protection Agency Act, 1992 ) for the purpose of giving effect to the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985), or
( d ) if it consists of or comprises an industrial activity or isolated storage to which Regulations 12 to 18 of the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 ( S.I. No. 292 of 1986 ), as amended by the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1989 ( S.I. No. 194 of 1989 ) and the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1992 ( S.I. No. 21 of 1992 ), apply.
- (2) Sub-article (1) (a) (vi) shall not apply where the development consists of the construction by any electricity undertaking of an overhead line or cable not exceeding one hundred metres in length for the purpose of conducting electricity from a distribution or transmission line to any premises.
11 Changes of use.
11.
11. (1) Development which consists of a change of use within any one of the classes of use specified in Part IV of the Second Schedule and which does not involve the carrying out of any works, other than works which are exempted development, shall be exempted development for the purposes of the Acts, provided that the development, if carried out, would not contravene a condition attached to a permission under the Acts or be inconsistent with any use specified or included in such a permission.
- (2) Development consisting of the use of not more than four bedrooms in a dwellinghouse as overnight guest accommodation shall be exempted development for the purposes of the Acts, provided that such development would not contravene a condition attached to a permission under the Acts or be inconsistent with any use specified or included in such a permission.
- (3) Development consisting of the provision within a building occupied by, or under the control of, a State authority of a shop or restaurant for visiting members of the public shall be exempted development for the purposes of the Acts.
- (4) ( a ) A use which is ordinarily incidental to any use specified in Part IV of the Second Schedule is not excluded from that use as an incident thereto merely by reason of its being specified in the said Part of the said Schedule as a separate use.
( b ) Nothing in any class in Part IV of the Second Schedule shall include any use—
- (i) as an amusement arcade,
- (ii) as a motor service station,
- (iii) for the sale or leasing, or display for sale or leasing, of motor vehicles,
- (iv) for a taxi business or for the hire of motor vehicles,
- (v) as a scrapyard, or a yard for the breaking of motor vehicles,
- (vi) for the storage or distribution of minerals.
12 Saver for certain development.
12.
12. Development commenced prior to the coming into operation of this Part and which was exempted development for the purposes of the Acts by reason of a provision of regulations revoked by these Regulations shall, notwithstanding such revocation, continue to be exempted development for the purposes of the Acts.
13 Prescribed development for purposes of section 4 (4) of Act of 1963.
13.
13. The prescribed development for the purposes of sub-section (4) (inserted by the Environmental Impact Assessment Regulations) of section 4 of the Act of 1963 shall be—
( a ) the use of uncultivated land or semi-natural areas for intensive agricultural purposes, where the area involved would be greater than 100 hectares,
( b ) initial afforestation, where the area involved would be greater than 200 hectares, or the replacement of broadleaf high forest by conifer species, where the area involved would be greater than 10 hectares,
( c ) peat extraction which would involve a new or extended area of 50 hectares or more.
PART IV PERMISSION REGULATIONS
14 Notice of planning application.
14.
14. (1) An applicant shall—
( a ) within the period of two weeks before the making of a planning application, give notice of the intention to make the application in a newspaper in accordance with article 15, and
( b ) not later than the making of the planning application, give notice of the application by the erection or fixing of a site notice in accordance with article 16.
- (2) The requirement of sub-article (1) (b) shall not apply in relation to a planning application for development consisting of the construction or erection by an electricity undertaking of overhead transmission or distribution lines for conducting electricity, or development consisting of the construction or erection by Bord Telecom Éireann—The Irish Telecommunications Board, or by any person to whom a licence under section 111 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983) has been granted, of overhead telecommunications lines.
15 Notice in newspaper.
15.
15. (1) A notice published pursuant to article 14 (1) (a) shall be published in a newspaper circulating in the district in which the land or structure to which the proposed planning application relates is situate, shall contain as a heading the name of the planning authority to which the planning application will be made and shall state—
( a ) the name of the applicant,
( b ) the nature of the application (that is, whether it is for a permission, an outline permission or an approval),
( c ) the location of the land or the address of the structure to which the application relates (as may be appropriate),
( d ) (i) the nature and extent of the development (including, where the application relates to development consisting of or comprising the provision of dwellings, the number of dwellings to be provided), or
- (ii) where the application relates to the retention of a structure, the nature of the proposed use of the structure and, where appropriate, the period for which it is proposed to retain the structure, or
- (iii) where the application relates to the continuance of any use, the nature of such use and of the previous use,
( e ) where the application will be accompanied by an environmental impact statement in accordance with article 24 (1):
- (i) that such a statement will be submitted to the planning authority with the application, and
- (ii) that the environmental impact statement, and any further information in relation to the proposed development which may be furnished to the planning authority in the course of the consideration of the application by the planning authority, will be available at the offices of the planning authority.
- (2) Where a planning application relates to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, a notice published pursuant to article 14 (1) (a) shall, in addition to the requirements of sub-article (1), indicate this fact.
16 Site notice.
16.
16. (1) A site notice erected or fixed on any land or structure pursuant to article 14(1) (b)—
( a ) shall be painted or inscribed, or printed and affixed, on a durable material, and
( b ) subject to sub-article (2), shall be securely erected or fixed in a conspicuous position on or near the main entrance to the land or structure concerned from a public road, or on any other part of the land or structure adjoining a public road, so as to be easily visible and legible by persons using the public road.
- (2) Where the land or structure to which a planning application relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure.
- (3) The position of a site notice on the land or structure concerned shall be shown on a plan accompanying the planning application.
- (4) A site notice shall be headed "APPLICATION TO PLANNING AUTHORITY" and shall state—
( a ) the name of the applicant,
( b ) the nature of the application (that is, whether it is for a permission, an outline permission or an approval),
( c ) (i) the nature and extent of the development (including, where the application relates to development consisting of or comprising the provision of dwellings, the number of dwellings to be provided), or
- (ii) where the application relates to the retention of a structure, the nature of the proposed use of the structure and, where appropriate, the period for which it is proposed to retain the structure, or
- (iii) where the application relates to the continuance of any use, the nature of such use and of the previous use,
( d ) that the planning application may be inspected at the offices of the planning authority.
- (5) A site notice shall be maintained in position on the land or structure concerned for a period of at least one month after the making of the planning application and shall be renewed or replaced if it is removed or becomes defaced or illegible within that period.
17 Further notice.
17.
17. (1) (a) An applicant who proposes to submit an environmental impact statement to a planning authority pursuant to a requirement under article 25 (1) or 26 (1) shall, before submitting the statement, publish in a newspaper circulating in the district in which the relevant land or other structure is situate notice of the intention to submit the statement.
( b ) A notice published in a newspaper in accordance with paragraph (a) shall contain as a heading the name of the planning authority to which the planning application was made and shall state—
- (i) the name of the applicant,
- (ii) the date on which the planning application was made and its reference number in the register,
- (iii) the location of the land or the address of the structure to which the application relates (as may be appropriate),
- (iv) (I) that an environmental impact statement will be submitted to the planning authority in connection with the planning application, and
- (II) that the environmental impact statement, and any further information in relation to the proposed development which may be furnished to the planning authority in the course of the consideration of the application by the planning authority, will be available at the offices of the planning authority.
- (c) Where a planning application relates to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, a notice published in a newspaper in accordance with paragraph (a) shall, in addition to the requirements of paragraph (b), indicate this fact.
( d ) An environmental impact statement submitted by an applicant pursuant to a requirement under article 25 (1) or 26 (1) shall be accompanied by two copies of the relevant page of the newspaper in which a notice in accordance with the foregoing paragraphs has been published.
- (2) Where—
( a ) it appears to a planning authority that any notice:—
- (i) if published in a newspaper:
- (I) has been published in a newspaper which does not have a sufficiently large circulation in the district in which the land or structure to which the planning application relates is situate, or
- (II) does not comply with the requirements of article 15 or paragraphs (b) and (c) of sub-article (1) (as may be appropriate),
- (ii) if erected or fixed on any land or structure, does not comply with the requirements of article 16,
- (iii) in either case, because of its content or for any other reason, is misleading or inadequate for the information of the public, or
( b ) a period of more than two weeks has elapsed between the publication of a notice in a newspaper pursuant to article 14 (1) (a) and the making of the planning application, or
( c ) it appears to a planning authority that a site notice erected or fixed on land or a structure has not been maintained in position in accordance with article 16 (5) or has been defaced or become illegible and has not been renewed or replaced,
the planning authority shall require the applicant to give such further notice in such manner and in such terms as they may specify and to submit to them such evidence as they may specify in relation to compliance with any such requirement.
- (3) Where—
( a ) plans, drawings or other particulars are submitted to a planning authority by an applicant in response to an invitation under article 35, or
( b ) further information is received from an applicant pursuant to a requirement under article 33 more than three months after the said requirement,
the planning authority may, where they consider it necessary so to do, require the applicant to give such further notice in such manner and in such terms as they may specify and to submit to them such evidence as they may specify in relation to compliance with any such requirement.
18 Content of planning applications generally.
18.
18. (1) A planning application shall—
( a ) (i) state the name and address, and telephone number if any, of the applicant and of the person, if any, acting on behalf of the applicant,
- (ii) indicate the address to which any correspondence relating to the application should be sent,
( b ) state whether the application is for a permission, an outline permission or an approval,
( c ) give particulars (including the location or address, as may be appropriate) of the land or structure concerned,
( d ) give particulars of the interest in the land or structure held by the applicant and, if the applicant is not the owner, state the name and address of the owner,
( e ) be accompanied by two copies of the relevant page of the newspaper in which notice of the application has been published pursuant to article 14 (1) (a), and of the text of the site notice erected or fixed on the land or structure pursuant to article 14 (1) (b),
( f ) be accompanied by four copies of a location map, to a scale of not less than 1 : 10,560 (which shall be indicated thereon) and marked or coloured so as to identify clearly the land or structure to which the application relates and the boundaries thereof,
( g ) state:
- (i) the area of the land to which the application relates, and
- (ii) where the application relates to a building or buildings—
- (I) the number of dwellings (if any) to be provided, and
- (II) except in the case of an application for a single dwellinghouse or a number of such houses, the gross floor space of the building or buildings,
( h ) if the development consists of or comprises an industrial activity or isolated storage to which Regulations 12 to 18 of the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 ( S.I. No. 292 of 1986 ), as amended by the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1989 ( S.I. No. 194 of 1989 ) and the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1992 ( S.I. No. 21 of 1992 ), apply, indicate this fact,
( i ) if the development comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, indicate this fact.
- (2) In sub-article (1) (g), "gross floor space" means the area ascertained by the internal measurement of the floor space on each floor of a building or buildings (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to development to which the application primarily relates.
19 Applications for permission.
19.
19. Subject to article 20—
( a ) a planning application in respect of any development consisting of or mainly consisting of the carrying out of works on, in or under land or for the retention of a structure shall, in addition to the requirements of article 18, be accompanied by four copies of such plans (including a site or layout plan and drawings of floor plans, elevations and sections which comply with the requirements of article 23), and such other particulars, as are necessary to describe the works or structure to which the application relates,
( b ) a planning application for any development consisting of or mainly consisting of the making of any material change in the use of any structure or other land or the continuance of any use of any structure or other land (whether instituted without a permission granted under the Acts or in accordance with a permission so granted for a limited period only) shall, in addition to the requirements of article 18, be accompanied by:
- (i) a statement of the existing use and of the use proposed or, where appropriate, of the former use and the use proposed to be continued, together with particulars of the nature and extent of any such proposed use,
- (ii) where the development to which the application relates comprises the carrying out of works on, in or under the structure or other land — four copies of such plans (including a site or layout plan and drawings of floor plans, elevations and sections which comply with the requirements of article 23), and such other particulars, as are necessary to describe the works proposed.
20 Outline applications.
20.
20. (1) Notwithstanding article 19, an outline application may, in addition to the requirements of article 18, be accompanied only by such plans and particulars as are necessary to enable the planning authority to make a decision in relation to the siting, layout or other proposals for development in respect of which a decision is sought.
- (2) Notwithstanding any other provision of this Part, an outline application may not be made in respect of—
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