PLANNING AND DEVELOPMENT ACT, 2000

• (i) is carrying out or intending to carry out strategic infrastructure development and intends to make a request under section 146B(1), accompanied by an environmental impact assessment report, to the Board to alter the terms of the development, or

• (ii) is required by the Board pursuant to section 146C to submit an environmental impact assessment report to the Board.

(b)(i) Subparagraph (ii) applies where, before a person submits an environmental impact assessment report to the Board, he or she requests the Board to give him or her an opinion in writing on the scope and level of detail of the information required to be included in the report.

• F630[(ia) Where a person referred to in paragraph (a) is required by or under this Act to submit an environmental impact assessment report to An Coimisiún Pleanála in respect of a request to alter the terms of renewable energy development or repowering development, the person shall request An Coimisiún Pleanála to give the person an opinion in writing referred to in subparagraph (i).]

• (ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the person referred to in F631[subparagraph (i) or (ia)], in particular on the specific characteristics of the proposed alteration, including its location and technical capacity, and its likely impact on the environment, give an opinion in writing on the scope and level of detail of the information to be included in an environmental impact assessment report, subject to any prescribed consultations to be carried out by the Board in relation to such opinion.

• (iii) The Board shall give the opinion before the submission by the person referred to in F631[subparagraph (i) or (ia)] of the environmental impact assessment report.

• F630[(iv) Where an opinion referred to in subparagraph (i) is provided in relation to renewable energy development or repowering development, An Coimisiún Pleanála shall not subsequently extend the scope or level of detail of the information required to be included in the environmental impact assessment report.]

• (2) Where an opinion referred to in subsection (1) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed alteration of the terms of the development, taking into account current knowledge and methods of assessment.]

146D. F632[Application of sections 146A to 146C to railway orders.

146D.—Sections 146A to 146C shall apply to a railway order under the Transport (Railway Infrastructure) Act 2001 (whether made before or after the amendment of that Act by the Planning and Development (Strategic Infrastructure) Act 2006) as they apply to a permission, decision or approval referred to in them with the following modifications:

• (a) a reference in those sections to the terms of the development shall be construed as a reference to the terms of the railway works, the subject of the railway order;

• (b) a reference in those sections to altering the terms of the development shall be construed as a reference to amending, by order, the railway order with respect to the terms of the railway works, the subject of the railway order; and

• (c) a reference in section 146A to submissions or observations made to the Board in relation to the permission or other matter concerned shall be construed as a reference to submissions made to the Minister for Transport or the Board, as the case may be, under the Transport (Railway Infrastructure) Act 2001 in relation to the railway order.]

PART VII Disclosure of Interests, etc.

147. Declaration by members, etc. of certain interests.

147.—F633[…]

148. Requirements affecting members, etc. who have certain beneficial interests.

148.—(1) F634[…]

• (2) F635[…]

• (3) F635[…]

• (4) F635[…]

• (5)
• (a) F634[…]

• (b) F635[…]

• (6) F635[…]

• (7) F635[…]

• (8) F635[…]

• (9) F635[…]

• (10) F635[…]

• (11) F635[…]

149. Supplemental provisions relating to sections 147 and 148.

149.—F636[…]

150. Codes of conduct.

150.—(1) (a) Every planning authority, by resolution, and the Board shall adopt a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business which must be followed by those persons referred to in subsection (3).

• (b) A code of conduct under this section shall be adopted within one year of the commencement of this section.

• (2) A code of conduct shall consist of a written statement setting out the planning authority’s or the Board’s policy on at least the following matters:

• (a) disclosure of interests and relationships where the interests and relationships are of relevance to the work of the authority or the Board, as appropriate;

• (b) membership of other organisations, associations and bodies, professional or otherwise;

• (c) membership of, or other financial interests in, companies, partnerships or other bodies;

• (d) undertaking work, not being work on behalf of the authority or the Board, as the case may be, both during and after any period of employment with the authority or the Board, whether as a consultant, adviser or otherwise;

• (e) acceptance of gifts, sponsorship, considerations or favours;

• (f) disclosure of information concerning matters pertaining to the work of the authority or the Board, as appropriate;

• (g) following of proper procedure in relation to the functions of the authority and the Board including the procedures for—

• (i) (I) the review, making and variation of development plans,

• (II) the review, making and amendment of local area plans,

• (III) the processing of planning applications and appeals, and

• (IV) the granting of permission which would materially contravene the development plan, including the use of resolutions referred to in section 34(6)(c),

and

• (ii) the disclosure by members and employees of the authority or of the Board of any representations made to such members or employees whether in writing or otherwise in relation to those matters.

• (3) This section shall apply to—

• (a) a member of the Board,

• (b) a member of a planning authority,

• (c) an employee of the Board or any other person—

• (i) whose services are availed of by the Board, and

• (ii) who is of a class, description or grade prescribed for the purposes of this section,

and

• (d) an officer of a planning authority who is the holder of an office which is of a class, description or grade so prescribed.

• (4)
• (a) It shall be a condition of appointment of persons listed at subsection (3)(a) that they shall comply with the code of conduct.

• (b) It shall be a condition of taking up and holding office by persons listed at subsection (3)(b) that they shall comply with the code of conduct.

• (c) It shall be a condition of employment of persons listed at subsection (3)(c) and (d) that they shall comply with the code of conduct.

• (5) A planning authority or the Board may at any time review a code of conduct adopted under this section and may—

• (a) amend the code of conduct, or

• (b) adopt a new code of conduct.

PART VIII Enforcement

151. Offence.

151.—Any person who has carried out or is carrying out unauthorised development shall be guilty of an offence.

152. Warning letter.

152.—(1) Where—

• (a) a representation in writing is made to a planning authority by any person that unauthorised development may have been, is being or may be carried out, and it appears to the planning authority that the representation is not vexatious, frivolous or without substance or foundation, or

• (b) it otherwise appears to the authority that unauthorised development may have been, is being or may be carried out,

the authority shall issue a warning letter to the owner, the occupier or any other person carrying out the development and may give a copy, at that time or thereafter, to any other person who in its opinion may be concerned with the matters to which the letter relates.

• (2) Notwithstanding subsection (1), where the development in question is of a trivial or minor nature the planning authority may decide not to issue a warning letter.

• (3) A planning authority shall issue the warning letter under subsection (1) as soon as may be but not later than 6 weeks after receipt of the representation under subsection (1).

• (4) A warning letter shall refer to the land concerned and shall—

• (a) state that it has come to the attention of the authority that unauthorised development may have been, is being or may be carried out,

• (b) state that any person served with the letter may make submissions or observations in writing to the planning authority regarding the purported offence not later than four weeks from the date of the service of the warning letter,

• (c) state that when a planning authority considers that unauthorised development has been, is being or may be carried out, an enforcement notice may be issued,

• (d) state that officials of the planning authority may at all reasonable times enter on the land for the purposes of inspection,

• (e) explain the possible penalties involved where there is an offence, and

• (f) explain that any costs reasonably incurred by the planning authority in relation to enforcement proceedings may be recovered from a person on whom an enforcement notice is served or where court action is taken.

153. Decision on enforcement.

153.—(1) As soon as may be after the issue of a warning letter under section 152, the planning authority shall make such investigation as it considers necessary to enable it to make a decision on whether to issue an enforcement notice F637[or make an application under section 160].

• (2)
• (a) It shall be the duty of the planning authority to ensure that decisions on whether to issue an enforcement notice are taken as expeditiously as possible.

• (b) Without prejudice to the generality of paragraph (a), it shall be the objective of the planning authority to ensure that the decision on whether to issue an enforcement notice shall be taken within 12 weeks of the issue of a warning letter.

• (3) A planning authority, in deciding whether to issue an enforcement notice shall consider any representations made to it under section 152(1)(a) or submissions or observations made under section 152(4)(b) and any other material considerations.

• (4) The decision made by the planning authority under subsection (1) including the reasons for it shall be entered by the authority in the register.

• (5) Failure to issue a warning letter under section 152 shall not prejudice the issue of an enforcement notice or any other proceedings that may be initiated by the planning authority.

• F637[(6) F638[…]

• F639[(7) Where a planning authority establishes, following an investigation under this section that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out and the person who has carried out or is carrying out the development has not proceeded to remedy the position, then the authority shall issue an enforcement notice under section 154 or make an application pursuant to section 160, or shall both issue such a notice and make such an application, unless there are compelling reasons for not doing so.

• (8) Nothing in this section shall operate to prevent or shall be construed as preventing a planning authority, in relation to an unauthorised development which has been or is being carried out, from both issuing an enforcement notice under section 154 and making an application pursuant to section 160.]]

154. Enforcement notice.

154.—(1) (a) Where a decision to enforce is made under section 153 or where urgent action is required under section 155, the planning authority shall, as soon as may be, serve an enforcement notice under this section.

• (b) Where an enforcement notice is served under this section, the planning authority shall notify any person who made representations under section 152(1)(a) and any other person, who in the opinion of the planning authority may be concerned with the matter to which the notice concerned relates, not being a person on whom the enforcement notice was served, of the service of the enforcement notice.

• (2) Where the planning authority decides not to issue an enforcement notice, it shall notify any person to whom the warning letter was copied under section 152 and any other person who made a representation under that section of the decision in writing within 2 weeks of the making of that decision.

• (3)
• (a) An enforcement notice under subsection (1) shall be served on the person carrying out the development and, where the planning authority considers it necessary, the owner or the occupier of the land or any other person who, in the opinion of the planning authority, may be concerned with the matters to which the notice relates.

• (b) If, subsequent to the service of the enforcement notice, the planning authority becomes aware that any other person may be carrying out development or is an owner or occupier of the land or may be affected by the notice, the notice may be served on that person and the period specified for compliance with the notice shall be extended as necessary to a maximum of 6 months, and the other person or persons on whom the notice had previously been served under paragraph (a) shall be informed in writing.

• (4) An enforcement notice shall take effect on the date of the service thereof.

• (5) An enforcement notice shall refer to the land concerned and shall—

• (a) (i) in respect of a development where no permission has been granted, require that development to cease or not to commence, as appropriate, F640[…]

• (ii) in respect of a development for which permission has been granted under Part III F641[or section 293], require that the development will proceed in conformity with the permission, or with any condition to which the permission is subject, F642[or]

• F642[(iii) in respect of a development in respect of which a certificate has been issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, require that the development will proceed in conformity with the planning scheme made under those Acts in respect of which the development was certified to be consistent and any conditions to which the certificate is subject, ]

• (b) require such steps as may be specified in the notice to be taken within a specified period, including, where appropriate, the removal, demolition or alteration of any structure and the discontinuance of any use and, in so far as is practicable, the restoration of the land to its condition prior to the commencement of the development,

• (c) warn the person or persons served with the enforcement notice that, if within the period specified under paragraph (b) or within such extended period (not being more than 6 months) as the planning authority may allow, the steps specified in the notice to be taken are not taken, the planning authority may enter on the land and take such steps, including the removal, demolition or alteration of any structure, and may recover any expenses reasonably incurred by them in that behalf,

• (d) require the person or persons served with the notice to refund to the planning authority the costs and expenses reasonably incurred by the authority in relation to the investigation, detection and issue of the enforcement notice concerned and any warning letter under section 152, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers, and the planning authority may recover these costs and expenses incurred by it in that behalf, and

• (e) warn the person or persons served with the enforcement notice that if within the period specified by the notice or such extended period, not being more than 6 months, as the planning authority may allow, the steps specified in the notice to be taken are not taken, the person or persons may be guilty of an offence.

• (6) If, within the period specified under subsection (5)(b) or within such extended period, not being more than 6 months, as the planning authority may allow, the steps specified in the notice to be taken are not taken, the planning authority may enter on the land and take such steps, including the demolition of any structure and the restoration of land, and may recover any expenses reasonably incurred by it in that behalf.

• (7) Any expenses reasonably incurred by a planning authority under paragraphs (c) and (d) of subsection (5) and subsection (6) may be recovered—

• (a) as a simple contract debt in any court of competent jurisdiction from the person or persons on whom the notice was served, or

• (b) secured by—

• (i) charging the land under the Registration of Title Act, 1964, or

• (ii) where the person on whom the enforcement notice was served is the owner of the land, an instrument vesting the ownership of the land in the authority subject to a right of redemption by the owner within five years.

• (8) Any person on whom an enforcement notice is served under subsection (1) who fails to comply with the requirements of the notice (other than a notice which has been withdrawn under subsection (11)(a) or which has ceased to have effect) within the specified period or within such extended period as the planning authority may allow, not exceeding 6 months, shall be guilty of an offence.

• (9) Any person who knowingly assists or permits the failure by another to comply with an enforcement notice shall be guilty of an offence.

• (10) Particulars of an enforcement notice shall be entered in the register.

• (11)
• (a) A planning authority may for stated reasons by notice in writing to any person served with the notice, and, where appropriate, any person who made a representation under section 152(1)(a), withdraw an enforcement notice served under this section.

• (b) Where an enforcement notice is withdrawn pursuant to this subsection by a planning authority or where a planning authority finds that an enforcement notice has been complied with, the fact that the enforcement notice was withdrawn and the reason for the withdrawal or that it was complied with, as appropriate, shall be recorded by the authority in the register.

• (12) An enforcement notice shall cease to have effect 10 years from the date of service of the notice under subsection (1) or, if a notice is served under subsection (3)(b), 10 years from the date of service of the notice under that subsection.

• (13) A person shall not question the validity of an enforcement notice by reason only that the person or any other person, not being the person on whom the enforcement notice was served, was not notified of the service of the enforcement notice.

• (14) A report of a local authority under section 50 of the Local Government Act, 1991, shall contain details of the number of enforcement notices issued under this section, warning notices issued under section 153, prosecutions brought under section 157 and injunctions sought under section 160 by that authority.

155. Issue of enforcement notice in cases of urgency.

155.—(1) Where, in the opinion of the planning authority, due to the nature of an unauthorised development and to any other material considerations, it is necessary to take urgent action with regard to the unauthorised development, notwithstanding sections 152 and 153, it may serve an enforcement notice under section 154.

• (2) Where an enforcement notice is issued in accordance with subsection (1), any person who made a representation under section 152(1)(a) shall be notified in writing within two weeks of the service of the notice.

156. Penalties for offences.

156.—(1) A person who is guilty of an offence under F643[section 32G, 32L, 37CE, 58(4)], 63, F644[135(7),] 151, 154, F645[182H,] 205, 230(3), F646[239, 247 or 287C] shall be liable—

• (a) on conviction on indictment, to a fine not exceeding £10,000,000, or to imprisonment for a term not exceeding 2 years, or to both, or

• (b) on summary conviction, to a fine not exceeding F647[€5,000], or to imprisonment for a term not exceeding 6 months, or to both.

• (2) Where a person is convicted of an offence referred to in subsection (1) and there is a continuation by him or her of the offence after his or her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable—

• (a) on conviction on indictment, to a fine not exceeding £10,000 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years, or

• (b) on summary conviction, to a fine not exceeding F647[€1,500] for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 6 months.

• (3) Where a person is convicted of an offence referred to in subsection (1) involving the construction of an unauthorised structure, the minimum fine shall be—

• (a) on conviction on indictment, the estimated cost of the construction of the structure or £10,000, whichever is less, or

• (b) on summary conviction, the estimated cost of the construction of the structure or F647[€2,500], whichever is less,

except where the person convicted can show to the court’s satisfaction that he or she does not have the necessary financial means to pay the minimum fine.

• (4) Any person who is guilty of an offence under this Act other than an offence referred to in subsection (1) (or a further offence under subsection (2)) shall be liable, on summary conviction, to a fine not exceeding F647[€5,000] or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.

• (5) If the contravention in respect of which a person is convicted under section 46(11), 208(2)(b) or 252(9) is continued after the conviction, that person shall be guilty of a further offence on every day on which the contravention continues and for each such offence he or she shall be liable on summary conviction to a fine not exceeding F648[€1,500].

• (6) In a prosecution for an offence under sections 151 and 154 it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the subject matter of the prosecution was development and was not exempted development.

• (7) Where an enforcement notice has been served under section 154, it shall be a defence to a prosecution under section 151 or 154 if the defendant proves that he or she took all reasonable steps to secure compliance with the enforcement notice.

• F648[(8) Where a person is convicted of an offence under section 154, the Court in addition to imposing a penalty referred to in subsection (1) or (2) as the case may be, may order the person so convicted to take all or any steps specified in the relevant enforcement notice within such period as the Court considers appropriate.]

• F644[(9) Where a person is convicted, on indictment, of an offence under section 135(7), the court may, where it finds that the act or omission constituting the offence delayed the conduct of the oral hearing concerned referred to in section 135(7), order—

• (a) the person convicted, or

• (b) any body with whose consent, connivance or approval the court is satisfied the offence was committed,

to pay to the Board or to any party or person who appeared at the oral hearing such an amount as is equal to the amount of any additional costs that it is shown to the court to have been incurred by the Board, party or person in appearing or being represented at the oral hearing by reason of the commission of the offence.]

157. Prosecution of offences.

157.—(1) Subject to section 149, summary proceedings for an offence under this Act may be brought and prosecuted by a planning authority whether or not the offence is committed in the authority’s functional area.

• F649[(1A) Summary proceedings for an offence under this Part may be brought and prosecuted by the Maritime Area Regulatory Authority whether or not the offence is committed in the maritime area.]

• (2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, and subject to subsection (3) of this section, summary proceedings may be commenced—

• (a) at any time within 6 months from the date on which the offence was committed, or

• (b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify proceedings comes to that person’s knowledge,

whichever is the later.

• (3) For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date or dates on which evidence described in subsection (2)(b) came to his or her knowledge shall be evidence of the date or dates and in any legal proceedings a document purporting to be a certificate under this section and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

• (4)
• (a) No warning letter or enforcement notice shall issue and no proceedings for an offence under this Part shall commence—

• (i) in respect of a development where no permission has been granted, after seven years from the date of the commencement of the F650[development,]

• (ii) in respect of a development for which permission has been granted under Part III F649[or section 293], after seven years beginning on the expiration, as respects the permission authorising the development, of the appropriate period within the meaning of section 40 or, as the case may be, of the period as extended under F650[section 42,]

• F651[(iii) in respect of a development in respect of which a certificate has been issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, after seven years beginning on the date the certificate ceases to have effect in accordance with Part 4 of the Dublin Docklands Development Authority (Dissolution) Act 2015.]

• F652[(aa) Notwithstanding paragraph (a) a warning letter or enforcement notice may issue at any time or proceedings for an offence under this Part may commence at any time in respect of unauthorised quarry development or unauthorised peat extraction development in the following circumstances:

• (i) where no permission for the development has been granted under Part III and the development commenced not more than 7 years prior to the date on which this paragraph comes into operation;

• (ii) where permission for the development has been granted under Part III and, as respects the permission—

• (I) the appropriate period (within the meaning of section 40), or

• (II) the appropriate period as extended under section 42 or 42A,

expired not more than 7 years prior to the date on which this paragraph comes into operation.

• (ab) Notwithstanding paragraph (a) or (aa) a warning letter or enforcement notice may issue at any time to require any unauthorised quarry development or unauthorised peat extraction development to cease and proceedings for an offence under section 154 may issue at any time in relation to an enforcement notice so issued.]

• (b) Notwithstanding paragraph (a), proceedings may be commenced at any time in respect of any condition concerning the use of land to which the permission is subject.

• (c) It shall be presumed until the contrary is proved that proceedings were commenced within the appropriate period.

• (5) Proceedings for other offences under this Act shall not be initiated later than 7 years from the date on which the offence concerned was alleged to have been committed.

158. Offences by bodies corporate.

158.—(1) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of a person being a director, manager, secretary or other officer of the body or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

159. Payment of fines to planning authorities.

159.—Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, it shall provide by order for the payment of the amount of the fine to the planning authority and the payment may be enforced by the authority as if it were due to it on foot of a decree or order made by the court in civil proceedings.

160. Injunctions in relation to unauthorised development.

160.—(1) Where an unauthorised development has been, is being or is likely to be carried out or continued, the High Court or the Circuit Court may, on the application of a planning authority or any other person, whether or not the person has an interest in the land, by order require any person to do or not to do, or to cease to do, as the case may be, anything that the Court considers necessary and specifies in the order to ensure, as appropriate, the following:

• (a) that the unauthorised development is not carried out or continued;

• (b) in so far as is practicable, that any land is restored to its condition prior to the commencement of any unauthorised development;

• F653[(c) that any development is carried out in conformity with—

• (i) in the case of a permission granted under this Act, the permission pertaining to that development or any condition to which the permission is subject, or

• (ii) in the case of a certificate issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, the planning scheme made under those Acts to which the certificate relates and any conditions to which the certificate is subject.]

• (2) In making an order under subsection (1), where appropriate, the Court may order the carrying out of any works, including the restoration, reconstruction, removal, demolition or alteration of any structure or other feature.

• (3)
• (a) An application to the High Court or the Circuit Court for an order under this section shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.

• (b) Subject to section 161, the order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

• (4)
• (a) Rules of court may provide for an order under this section to be made against a person whose identity is unknown.

• (b) Any relevant rules of Court made in respect of section 27 (inserted by section 19 of the Act of 1992) of the Act of 1976 shall apply to this section and shall be construed to that effect.

• (5)
• (a) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land which is the subject of the application is situated.

• (b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the F654[market value] of the land which is the subject of the application does not exceed F654[€3,000,000].

• (c) The Circuit Court may, for the purposes of paragraph (b), in relation to land that has not been given a F654[market value] or is the subject with other land of a F654[market value], determine that its F654[market value] would exceed, or would not exceed, F654[€3,000,000].

• (d) Where the F654[market value] of any land which is the subject of an application under this section exceeds F654[€3,000,000], the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order.

• F655[(e) In this subsection "market value" means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]

• F656[(5A)
• (a) An application under this section to the Circuit Court shall, in respect of development situated wholly or partly in the nearshore area of a coastal planning authority, be made to the judge of the Circuit Court for the circuit in which the functional area (other than the nearshore area) of that coastal planning authority is situated.

• (b) The Circuit Court shall have jurisdiction to hear and determine an application under this section in relation to a development referred to in paragraph (a) where the aggregate amount of the levy or levies payable under Chapter 7 of Part 4 of the Maritime Area Planning Act 2021 in respect of the maritime area consent granted to the person who carried out the development does not exceed €500,000.

• (5B)
• (a) An application under this section, in respect of development situated wholly or partly in the nearshore area of a coastal planning authority, shall be made to the High Court if that development was carried out by or on behalf of a person who at the time of the carrying out of the development was not the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development.

• (b) An application under this section, in respect of development situated wholly in the outer maritime area, shall be made to the High Court.]

• (6)
• (a) An application to the High Court or Circuit Court for an order under this section shall not be made—

• (i) in respect of a development where no permission has been granted, after the expiration of a period of 7 years from the date of the commencement of the development, F657[…]

• (ii) in respect of a development for which permission has been granted under Part III F656[or section 293], after the expiration of a period of 7 years beginning on the expiration, as respects the permission authorising the development, of the appropriate period (within the meaning of section 40) or, as the case may be, of the appropriate period as extended under [F658section 42, or]

• F659[(iii) in respect of a development in respect of which a certificate has been issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, after the expiration of a period of 7 years beginning on the date the certificate ceases to have effect in accordance with Part 4 of the Dublin Docklands Development Authority (Dissolution) Act 2015.]

• F660[(aa) Notwithstanding paragraph (a) an application to the High Court or Circuit Court for an order under this section may be made at any time in respect of unauthorised quarry development or unauthorised peat extraction development in the following circumstances:

• (i) where no permission for the development has been granted under Part III and the development commenced not more than 7 years prior to the date on which this paragraph comes into operation;

• (ii) where permission for the development has been granted under Part III and, as respects the permission—

• (I) the appropriate period (within the meaning of section 40), or

• (II) the appropriate period as extended under section 42 or 42A,

expired not more than 7 years prior to the date on which this paragraph comes into operation.

• (ab) Notwithstanding paragraph (a) or (aa), an application to the High Court or Circuit Court may be made at any time for an order under this section to cease unauthorised quarry development or unauthorised peat extraction development.]

• (b) Notwithstanding paragraph (a), an application for an order under this section may be made at any time in respect of any condition to which the development is subject concerning the ongoing use of the land.

• (7) Where an order has been sought under this section, any other enforcement action under this Part may be commenced or continued.

161. Costs of prosecutions and applications for injunctions.

161.—(1) The court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay—

• (a) where a person is convicted of an offence under this Part, to the planning authority, or

• (b) where the person is the subject of an order under section 160, to the planning authority or to any other person as appropriate,

the costs and expenses of the action, measured by the court.

• (2) Where costs or expenses are to be paid to the authority, they shall include any such costs or expenses reasonably incurred by the authority in relation to the investigation, detection and prosecution of the offence or order, as appropriate, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.

162. Evidence of permission.

F661[162.—(1) In any proceedings for an offence under this Act, the onus of proving the existence of—

• (a) any permission granted under Part III F662[or section 293],

• (b) any certificate issued by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, or

• (c) any certificate issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997,

shall be on the defendant.]

• (2) Notwithstanding subsection (1) of this section, it shall not be a defence to a prosecution under this Part if the defendant proves that he or she has applied for or has been granted permission under [F663section 34(12C)]—

• (a) since the initiation of proceedings under this Part,

• (b) since the date of the sending of a warning letter under section 152, or

• (c) since the date of service of an enforcement notice in a case of urgency in accordance with section 155.

• (3) No enforcement action under this Part (including an application under section 160) shall be stayed or withdrawn by reason of an F664[application for permission for retention of unauthorised development] under F665[section 34(12C)] or the grant of that permission.

163. Permission not required for any works required under this Part.

163.—Notwithstanding Part III F666[or section 293], permission shall not be required in respect of development required by a notice under section 154 or an order under section 160 F667[(disregarding development for which there is in fact permission under Part III F666[or section 293] or in respect of which a certificate has been issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986)].

164. Transitional arrangements for offences.

164.—Notwithstanding any repeal of any enactment (“repealed enactment”) by this Act, where proceedings have been initiated in respect of any offence under the repealed enactment, or an enforcement notice or a warning notice (within the meaning of the relevant provisions) has issued under any provision of the repealed enactment, or an application to a Court has been made under section 27 of the Act of 1976, the relevant provision which applied before the repeal shall continue to so apply until the proceedings have been finalised, the notices complied with or withdrawn or the application determined, as the case may be.

164A. F668[Development in Dublin Docklands Area

164A.—For the avoidance of doubt, Dublin City Council is the planning authority in respect of a development in respect of which a certificate has been issued by—

• (a) the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997, or

• (b) the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986.]

PART IX Strategic Development Zones

165. Interpretation.

165.—In this Part—

“development agency” means the Industrial Development Agency (Ireland), Enterprise Ireland, F669[…] Údarás na Gaeltachta, the National Building Agency Limited, F670[the Grangegorman Development Agency, F672[the Land Development Agency, a local authority or such other person as may be prescribed by the Minister for the purposes of this Part;]]

F671["relevant public land" has the same meaning as it has in the Land Development Agency Act 2021;]

“strategic development zone” means a site or sites to which a planning scheme made under section 169 applies.

166. Designation of sites for strategic development zones.

166.—(1) Where, in the opinion of the Government, specified development is of economic or social importance to the State, the Government may be order, when so proposed by the Minister, designate one or more sites for the establishment, in accordance with the provisions of this Part, of a strategic development zone to facilitate such development.

• (2) The Minister shall, before proposing the designation of a site or sites to the Government under subsection (1), consult with any relevant development agency or planning authority on the proposed designation.

• (3) An order under subsection (1) shall—

• (a) specify the development agency or development agencies for the purposes of section 168,

• (b) specify the type or types of development that may be established in the strategic development zone, and

• (c) state the reasons for specifying the development and for designating the site or sites.

• (4) The Minister shall send a copy of any order made under this section to any relevant development agency, planning authority and F673[regional assembly] and to the Board.

• (5) Development that is specified in an order under subsection (3) shall be deemed to include development that is ancillary to, or required for, the purposes of development so specified, and may include any necessary infrastructural and community facilities and services.

• (6) The Government may revoke or amend an order made under this section.

• F674[(7) In this section, the Land Development Agency shall not be a relevant development agency unless each site referred to in subsection (2) is wholly or partly on relevant public land or land owned by the Agency.]

167. Acquisition of site for strategic development zone.

167.—(1) A planning authority may use any powers to acquire land that are available to it under any enactment, including any powers in relation to the compulsory acquisition of land, for the purposes of providing, securing or facilitating the provision of, a site referred to in section 166(1).

• (2) Where a person, other than the relevant development agency, has an interest in land, or any part of land, on which a site or sites referred to in an order under section 166(1) is or are situated, the relevant development agency may enter into an agreement with that person for the purpose of facilitating the development of the land.

• (3) An agreement made under subsection (2) with any person having an interest in land may be enforced by the relevant development agency against persons deriving title under that person in respect of that land.

• F675[(4) In this section, the Land Development Agency shall not be a relevant development agency unless each site referred to in section 166(2) is wholly or partly on relevant public land or land owned by the Agency.]

168. Planning scheme for strategic development zones.

168.—F676[(1) Subject to subsection (1A), as soon as may be after the making of an order designating a site under section 166—

• (a) the relevant development agency (other than a local authority) or, where an agreement referred to in section 167 has been made, the relevant development agency (other than a local authority) and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site and submit it to the relevant planning authority,

• (b) the local authority, where it is the development agency, or where an agreement referred to in section 167 has been made, the local authority and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site.

• (1A) The first draft planning scheme under subsection (1) in respect of all or any part of a site designated under section 166, shall be prepared not later than 2 years after the making of the order so designating the site.]

• (2) F676[A draft planning scheme under this section shall consist of a written statement and a plan indicating the manner in which it is intended that the site or part of the site designated under section 166 to which the scheme relates is to be developed and in particular—]

• (a) the type or types of development which may be permitted to establish on the site (subject to the order of the Government under section 166),

• (b) the extent of any such proposed development,

• (c) proposals in relation to the overall design of the proposed development, including the maximum heights, the external finishes of structures and the general appearance and design,

• (d) proposals relating to transportation, including public transportation, the roads layout, the provision of parking spaces and traffic management,

• (e) proposals relating to the provision of services on the site, including the provision of waste and sewerage facilities and water, electricity and telecommunications services, oil and gas pipelines, including storage facilities for oil or gas,

• (f) proposals relating to minimising any adverse effects on the environment, including the natural and built environment, and on the amenities of the area, and

• (g) where the scheme provides for residential development, proposals relating to the provision of amenities, facilities and services for the community, including schools, créches and other education and childcare services.

• F677[(3) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030 - 0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a planning scheme.]

• F678[(3A) A screening for appropriate assessment and, if required, an appropriate assessment of a draft planning scheme shall be carried out in accordance with Part XAB.]

• (4)
• (a) A draft planning scheme for residential development shall be consistent with the housing strategy prepared by the planning authority in accordance with Part V.

• (b) Where land in a strategic development zone is to be used for residential development, an objective to secure the implementation of the housing strategy shall be included in the draft planning scheme as if it were a specific objective under section 95(1)(b).

• (5) Where an area designated under section 166 is situated within the functional area of two or more planning authorities the functions conferred on a planning authority under this Part shall be exercised—

• (a) jointly by the planning authorities concerned, or

• (b) by one of the authorities, provided that the consent of the other authority or authorities, as appropriate, is obtained prior to the making of the scheme under section 169,

and the words “planning authority” shall be construed accordingly.

• F679[(6) In this section, the Land Development Agency shall not be a relevant development agency unless each site referred to in subsection (1) is wholly or partly on relevant public land or land owned by the Agency.]

169. Making of planning scheme.

169.—(1) Where a draft planning scheme has been prepared and submitted to the planning authority in accordance with section 168, the planning authority shall, as soon as may be—

• (a) send notice and copies of the draft scheme to the Minister, the Board and the prescribed authorities,

• (b) publish notice of the preparation of the draft scheme in one or more newspapers circulating in its area.

• (2) A notice under subsection (1) shall state—

• (a) that a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 6 weeks (and the copy shall be kept available for inspection accordingly), and

• (b) that written submissions or observations with respect to the draft scheme made to the planning authority within the stated period will be taken into consideration in deciding upon the scheme.

• (3)
• (a) Not longer than 12 weeks after giving notice under subsection (2) the F680[chief executive] of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration.

• (b) A report under paragraph (a) shall—

• F681[(i) list the persons or bodies who made submissions or observations for the purposes of subsections (1) and (2),]

• (ii) summarise the issues raised by the persons or bodies in the submissions or observations,

• (iii) give the response of the F680[chief executive] to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

• (4)
• (a) The members of a planning authority shall consider the draft planning scheme and the report of the F680[chief executive] prepared and submitted in accordance with subsection (3).

• F682[(b) The draft planning scheme shall be deemed to be made 6 weeks after the submission of that draft planning scheme and report to the members of the planning authority in accordance with subsection (3) unless the planning authority decides, by resolution, to—

• (i) make, subject to variations and modifications, the draft planning scheme (and the passing of such a resolution shall be subject to paragraphs (ba) and (be)), or

• (ii) not to make the draft planning scheme.

• (ba) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are to be carried out as respects one or more than one proposed variation or modification that would, if made, be a material alteration of the draft planning scheme.

• (bb) The F680[chief executive] shall, not later than 2 weeks after a determination under paragraph (ba) specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph (ba).

• (bc) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (ba) is required, in at least one newspaper circulating in its area.

• (bd) The notice referred to in paragraph (bc) shall state—

• (i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (ba) is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and

• (ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (ba) and made to the planning authority within a stated period shall be taken into account by the authority before the draft planning scheme is made.

• (be) The planning authority shall carry out an assessment referred to in paragraph (ba) of the proposed material alteration of the draft planning scheme within the period specified by the F680[chief executive].]

• (c) Where a draft planning scheme is—

• (i) deemed, in accordance with paragraph (b), to have been made, or

• (ii) made in accordance with paragraph (b)(i),

it shall have effect 4 weeks from the date of such making unless an appeal is brought to the Board under subsection (6).

• (5)
• (a) Following the decision of the planning authority under subsection (4) the authority shall, as soon as may be, and in any case not later than 6 working days following the making of the decision—

• (i) give notice of the decision of the planning authority to the Minister, the Board, the prescribed authorities and any person who made written submissions or observations on the draft scheme, and

• (ii) publish notice of the decision in one or more newspapers circulating in its area.

• (b) A notice under paragraph (a) shall—

• (i) give the date of the decision of the planning authority in respect of the draft planning scheme,

• (ii) state the nature of the decision,

• (iii) state that a copy of the planning scheme is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly),

• (iv) state that any person who made submissions or observation regarding the draft scheme may appeal the decision of the planning authority to the Board within 4 weeks of the date of the planning authority’s decision, and

• (v) contain such other information as may be prescribed.

• (6) The development agency or any person who made submissions or observations in respect of the draft planning scheme may, for stated reasons, within 4 weeks of the date of the decision of the planning authority appeal the decision of the planning authority to the Board.

• F681[(7)
• (a) Following consideration of an appeal made under this section, the Board may—

• (i) subject to paragraph (b) and (c) and subsection (7A), approve the making of the planning scheme, with or without any modifications, or

• (ii) refuse to approve the making of the planning scheme.

• (b) Except where otherwise provided for by and in accordance with paragraph (c) and subsection (7A), the Board shall not approve, on an appeal under this section, a planning scheme with a modification where it determines that the making of the modification would constitute the making of a material change in the overall objectives of the planning scheme concerned.

• (c) If the Board determines that the making of a modification to which, but for this paragraph, paragraph (b) would apply—

• (i) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC¹ on the assessment of the effects of certain plans and programmes on the environment) or on a European site, then it may approve the planning scheme with such a modification and notify the planning authority or each planning authority for the area or areas concerned, of the modification, or

• (ii) constitutes the making of a material change but would not constitute a change in the overall objectives of the planning scheme concerned, then, subject to subsection (7A), it shall approve the planning scheme with such modification.

• (d) Where the Board approves the making of a planning scheme in accordance with paragraph (a) or (c), the planning authority shall, as soon as practicable, publish notice of the approval of the scheme in at least one newspaper circulating in its area, and shall state that a copy of the planning scheme is available for inspection at a stated place or places, a copy of which shall be made available for inspection accordingly.]

• F683[(7A)
• (a) Before making a decision under subsection (7)(c)(ii) in respect of a planning scheme, the Board shall—

• (i) determine whether the extent and character of the modification it is considering are such that the modification, if it were made, would be likely to have a significant effect on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, and

• (ii) for the purpose of so determining, the Board shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering.

• (b) If the Board determines that the making of a modification referred to in subsection (7)(c)(ii) —

• (i) is not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, then it may approve the planning scheme concerned with the modification, or

• (ii) is likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) ² or on a European site, then it shall require the relevant planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed modification.

• (c) Before making a determination under subsection (7)(c)(ii), the Board shall require the relevant planning authority—

• (i) to send notice and copies of the proposed modification of the planning scheme concerned to the Minister and the prescribed authorities, and

• (ii) to publish a notice of the proposed modification of the planning scheme concerned in one or more newspapers circulating in that area,

and every such notice shall state—

• (I) the reason or reasons for the proposed modification,

• (II) that a copy of the proposed modification, along with any assessment undertaken in accordance with paragraph (b)(ii), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and

• (III) that written submissions or observations with respect to the proposed modification may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed modification,

and the copy of the proposed modification shall be made available for inspection accordingly.

• (d) Not later than 8 weeks after giving notice under paragraph (c), or such additional time as may be required to complete any assessment that may be required pursuant to subsection (7A)(b)(ii) and agreed with the Board, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Board for its consideration.

• (e) A report under paragraph (d) shall—

• (i) list the persons or bodies who made submissions or observations for the purposes of paragraph (c)(III),

• (ii) summarise the issues raised in the submissions or observations so made,

• (iii) include, where and if required for the purposes of subsection (7A)(b)(ii), either or both—

• (I) the environmental report and strategic environmental assessment, and

• (II) the Natura impact report and appropriate assessment,

of the planning authority, and

• (iv) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning scheme, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

• (f) Where a report has been submitted to the Board under paragraph (d), the planning authority concerned shall, upon being requested by the Board, provide it with copies of such submissions or observations to which that paragraph relates as are so requested.

• (g) The Board shall have regard to any report prepared in accordance with paragraphs (d) and (e), and

• (h) Subject to any obligations that may arise under Part XAB, if the Board makes a determination to make a modification as referred to in subsection (7)(c)(ii), it shall—

• (i) approve the planning scheme with the modification accordingly,

• (ii) notify the planning authority or each planning authority for the area or areas concerned of the modification, and

• (iii) notify any person who made a submission or observation in accordance with paragraph (c)(III) of the determination under subsection (7)(c).]

• (8) In considering a draft planning scheme under this section a planning authority or the Board, as the case may be, shall consider the proper planning and sustainable development of the area and consider the provisions of the development plan, the provisions of the housing strategy, F684[any specific planning policy requirements contained in guidelines under subsection (1) of section 28,] the provisions of any special amenity area order or the conservation and preservation of any European Site and, where appropriate—

• (a) the effect the scheme would have on any neighbouring land to the land concerned,

• (b) the effect the scheme would have on any place which is outside the area of the planning authority, and

• (c) any other consideration relating to development outside the area of the planning authority, including any area outside the State.

• F684[(8A)
• (a) A planning scheme that contains a provision that contravenes any specific planning policy requirement in guidelines under subsection (1) of section 28 shall be deemed to have been made, under paragraph (b) of subsection (4) of section 169, subject to the deletion of that provision.

• (b) Where a planning scheme contravenes a specific planning policy requirement in guidelines under subsection (1) of section 28 by omission of a provision in compliance with that requirement, the planning scheme shall be deemed to have been made under paragraph (b) of subsection (4) of section 169 subject to the addition of that provision.]

• (9) A planning scheme made under this section shall be deemed to form part of any development plan in force in the area of the scheme until the scheme is revoked, and any contrary provisions of the development plan shall be superseded.

170. Application for development in strategic development zone.

170.—(1) Where an application is made to a planning authority under section 34 for a development in a strategic development zone, that section and any permission regulations shall apply, subject to the other provisions of this section.

• (2) F685[Subject to the provisions of Part X or Part XAB, or both of those Parts as appropriate, a planning authority shall] grant permission in respect of an application for a development in a strategic development zone where it is satisfied that the development, where carried out in accordance with the application or subject to any conditions which the planning authority may attach to a permission, would be consistent with any planning scheme in force for the land in question, and no permission shall be granted for any development which would not be consistent with such a planning scheme.

• (3) Notwithstanding section 37, no appeal shall lie to the Board against a decision of a planning authority on an application for permission in respect of a development in a strategic development zone.

• (4) Where the planning authority decides to grant permission for a development in a strategic development zone, the grant shall be deemed to be given on the date of the decision.

170A. F686[Amendment of planning scheme.