PLANNING AND DEVELOPMENT ACT, 2000

• (c) The Minister shall consider any views received from any other Minister of the Government consulted under paragraph (b) where those views are received by the Minister before he or she decides whether to seek the opinion of the Commission under paragraph (a).

• F934[(3) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—

• (a) after consultations (if any) under paragraphs (b) and (c) of subsection (1), and

• (b) after having considered modified or alternative proposed compensatory measures (if any) submitted under subsection (1)(b),

form an opinion as to whether the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.]

• (4) Where the Minister forms the opinion that the imperative reasons of overriding public interest comprise only a reason or reasons set out in section 177AA(4)(a) to (c) F934[and that the compensatory measures, or the modified or alternative proposed compensatory measures, as the case may be], are sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister shall issue a notice to this effect to the competent authority and the competent authority may decide to grant consent for the proposed development, with or without conditions.

• (5) Where—

• (a) the Minister forms the opinion that the imperative reasons of overriding public interest comprise or include a reason or reasons other than those in section 177AA(4)(a) to (c), and

• (b) the Minister has obtained the opinion of the Commission in relation to the matter, and

• (c) F934[the Minister forms the opinion that the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be], are sufficient to ensure that the overall coherence of the Natura 2000 network is protected,

the Minister shall issue a notice to this effect to the competent authority, accompanied by a copy of the opinion of the Commission, and the competent authority, only after having considered the opinion of the Commission may decide to grant consent for the proposed development, with or without conditions.

• (6) Where—

• (a) the Minister forms the opinion that the imperative reasons of overriding public interest comprise or include a reason or reasons other than those in section 177AA(4)(a) to (c) and the Minister has decided not to seek the opinion of the Commission in relation to the matter, or

• (b) F934[the Minister forms the opinion that] the compensatory measures or modified or alternative proposed compensatory measures, as the case may be, are not sufficient to ensure the overall coherence of the Natura 2000 network is protected,

the Minister shall issue a notice to this effect to the competent authority and the competent authority shall not grant consent for the proposed development.

• (7) Where the Minister issues a notice under subsection (4) or (5) he or she shall inform the Commission of the matter, including the compensatory measures proposed.

• (8) The competent authority shall make available for inspection by members of the public during office hours at the offices of the authority and may also publish on the internet a notice issued to the authority under F934[subsection (4), (5) or (6)].]]

177AD. F935[Regulations.

177AD.—(1) The Minister may by regulations make provision for such matters of procedure and administration as appear to the Minister to be necessary or expedient for any matter referred to in this Part as prescribed or to be prescribed.

• (2) Without prejudice to the generality of the forgoing, the Minister may make regulations, for the purpose of this Part, to give effect to a provision of the Treaty on the European Union, or a legislative act adopted by an institution of the European Union, including the Habitats and Birds Directives.

• (3) Without prejudice to the generality of subsection (1) or (2), regulations under this section may—

• (a) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations,

• (b) contain provisions repealing, amending or applying, with or without modification, other law, exclusive of the European Communities Act 1972 and the European Communities Act 2007,

• (c) make provision for—

• (i) compensatory measures including relating to provision of compensatory habitat, conditions that may be attached to a consent for proposed development, financial contributions, or bonds required in relation to compensatory measures, implementation, management, and supervision of implementation of compensatory measures,

• (ii) conditions for the purposes of this Part that may be attached to a consent for proposed development, including in relation to protection of species or habitats of species,

• (iii) consultation between an applicant for consent for proposed development and a competent authority for any purpose under this Part,

• (iv) consultation between a competent authority and the Minister for any purpose required under this Part,

• (v) in relation to proposed development or classes of development, in addition to matters provided by or under this Act in relation to an application for consent for proposed development, the submission of a Natura impact statement with an application for consent,

• (vi) information or classes of information to be contained in a Natura impact statement or a Natura impact report,

• (vii) qualifications of persons or classes of persons who shall furnish information referred to in subparagraph (vi),

• (viii) information or classes of information to be contained in notices published under this Part,

• (ix) persons or classes of persons to be notified that an appropriate assessment or a screening appropriate assessment is to be carried out,

• (x) persons or classes of persons to be notified of the outcome of an appropriate assessment or a screening for appropriate assessment,

• (xi) records, or classes of records to be retained and the periods for which they should be retained by a competent authority in relation to appropriate assessment of Land use plans.]

177AE. F936[Appropriate Assessment of certain development carried out by or on behalf of local authorities.

177AE.—(1) Where an appropriate assessment is required in respect of development—

• (a) by a local authority that is a planning authority, whether in its capacity as a planning authority or in any other capacity, or

• (b) by some other person on behalf of, or jointly or in partnership with, such a local authority, pursuant to a contract entered into by that local authority whether in its capacity as a planning authority or in any other capacity,

F937[within the functional area of the local authority concerned F938[…], (hereinafter in this section referred to as “proposed development”)], the local authority shall prepare, or cause to be prepared, a Natura impact statement in respect thereof.

• (2) Proposed development in respect of which an appropriate assessment is required shall not be carried out unless the Board has approved it with or without modifications.

• (3) Where a Natura impact statement has been prepared pursuant to subsection (1), the local authority shall apply to the Board for approval and the provisions of Part XAB shall apply to the carrying out of the appropriate assessment.

• F939[(3A) A local authority shall not be eligible to make an application under subsection (3) in relation to proposed development in the maritime area, unless it—

• (a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

• (b) is the owner of land on which it is proposed to carry out the development concerned, or

• (c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.

• (3B) The Board shall neither consider an application for permission under subsection (3) in relation to proposed development in the maritime area nor grant approval for such development under subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (8), unless the applicant for such approval—

• (a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

• (b) is the owner of land on which it is proposed to carry out the development concerned, or

• (c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]

• (4) Before a local authority makes an application for approval under subsection (3), it shall—

• (a) publish in one or more newspapers circulating in the area in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development, and—

• (i) stating that—

• (I) it proposes to seek the approval of the Board for the proposed development,

• (II) a Natura impact statement has been prepared in respect of the proposed development,

• (III) the Board may give approval to the application for development with or without conditions or may refuse the application for development,

• (ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the Natura impact statement may be inspected free of charge or purchased, and

• (iii) inviting the making, during such period, of submissions and observations to the Board relating to—

• (I) the implications of the proposed development for proper planning and sustainable development in the area concerned,

• (II) the likely effects on the environment of the proposed development, and

• (III) the likely significant effects of the proposed development on a European site,

if carried out,

and

• (b) send a copy of the application and the Natura impact statement to the prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—

• (i) the likely effects on the environment of the proposed development,

• (ii) the implications of the proposed development for proper planning and sustainable development in the area concerned, and

• (iii) the likely significant effects of the proposed development on a European site,

if carried out.

• (5)
• (a) The Board may—

• (i) if it considers it necessary to do so, require a local authority that has applied for approval for a proposed development to furnish to the Board such further information in relation to—

• (I) the effects on the environment of the proposed development, or

• (II) the consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, or

• (III) the likely significant effects of the proposed development on a European site,

as the Board may specify, or

• (ii) if it is provisionally of the view that it would be appropriate to approve the proposed development with certain alterations (specified in the notification referred to in this subparagraph) to be made to the terms of it, notify the local authority that it is of that view and invite the authority to make to the terms of the proposed development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a revised Natura impact statement in respect of it.

• (b) If a local authority makes the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section.

• (c) The Board shall—

• (i) where it considers that any further information received pursuant to a requirement made under paragraph (a)(i) contains significant additional data relating to—

• (I) the likely effects on the environment of the proposed development,

• (II) the likely consequences for the proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, and

• (III) the likely significant effects of the proposed development on a European site,

or

• (ii) where the local authority has made the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a)(ii),

require the local authority to do the things referred to in paragraph (d).

• (d) The things which a local authority shall be required to do as aforesaid are—

• (i) to publish in one or more newspapers circulating in the area in which the proposed development would be situate a notice stating that, as appropriate—

• (I) further information in relation to the proposed development has been furnished to the Board, or

• (II) the local authority has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a revised Natura impact statement in respect of the development has been furnished to the Board,

indicating the times at which, the period (which shall not be less than 3 weeks) during which and the place, or places, where a copy of the information or the Natura impact statement referred to in clause (I) or (II) may be inspected free of charge or purchased and that submissions or observations in relation to that information or statement may be made to the Board before the expiration of the indicated period, and

• (ii) to send to each prescribed authority to which notice was given pursuant to subsection (4)(b)—

• (I) a notice of the furnishing to the Board of, as appropriate, the further information referred to in subparagraph (i)(I) or the information or statement referred to in subparagraph (i)(II), and

• (II) a copy of that further information, information or statement,

and to indicate to the authority that submissions or observations in relation to that further information, information or statement may be made to the Board before the expiration of a period (which shall not be less than 3 weeks) beginning on the day on which the notice is sent to the prescribed authority by the local authority.

• (6) Before making a decision in respect of a proposed development under this section, the Board shall consider—

• (a) the Natura impact statement submitted pursuant to subsection (1) or (5)(a)(ii), any submission or observations made in accordance with subsection (4) or (5) and any other information furnished in accordance with subsection (5) relating to—

• (i) the likely effects on the environment of the proposed development,

• (ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, and

• (iii) the likely significant effects of the proposed development upon a European site,

• (b) the report and any recommendations of the person conducting a hearing referred to in subsection (7) where evidence is heard at such a hearing relating to—

• (i) the likely effects on the environment of the proposed development,

• (ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, and

• (iii) the likely significant effects of the proposed development upon a European site.

• (7) The person conducting an oral hearing in relation to the compulsory purchase of land which relates wholly or partly to a proposed development under this section in respect of which a local authority has applied for approval shall be entitled to hear evidence relating to—

• (a) the likely effects on the environment of the proposed development,

• (b) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, and

• (c) the likely significant effects of the proposed development upon a European site.

• (8)
• (a) The Board may, in respect of an application for approval under this section of proposed development—

• (i) approve the proposed development,

• (ii) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,

• (iii) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or

• (iv) refuse to approve the proposed development, and may attach to an approval under subparagraph (i), (ii) or (iii) such conditions as it considers appropriate.

• (b) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under paragraph (a)(i), (ii) or (iii) a condition requiring—

• (i) the construction or the financing, in whole or in part, of the construction of a facility, or

• (ii) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.

• (c) A condition attached pursuant to paragraph (b) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval operates of the benefits likely to accrue from the grant of the approval.

• (9)
• (a) The Board shall direct the payment of such sum as it considers reasonable by the local authority concerned to the Board towards the costs and expenses incurred by the Board in determining an application under this section for approval of a proposed development, including—

• (i) the costs of holding any oral hearing in relation to the application,

• (ii) the fees of any consultants or advisers engaged in the matter, and

• (iii) an amount equal to such portion of the remuneration and any allowances for expenses paid to the members and employees of the Board as the Board determines to be attributable to the performance of duties by the members and employees in relation to the application, and the local authority shall pay the sum.

• (b) If a local authority fails to pay a sum directed to be paid under paragraph (a), the Board may recover the sum from the authority as a simple contract debt in any court of competent jurisdiction.

• (10)
• (a) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of—

• (i) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or

• (ii) controlling emissions related to or following the cessation of the operation of the activity.

F940[(aa) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.]

• (b) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which F941[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may, in respect of any proposed development comprising or for the purposes of the activity, decide to refuse the proposed development, where the Board considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development is or will be situate or is unacceptable on habitats grounds having regard to the provisions of Part XAB.

• (c) (i) Before making a decision in respect of proposed development comprising or for the purposes of an activity, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development.

• (ii) When making its decision the Board shall have regard to the observations, if any, received from the Agency within the period specified under subparagraph (i).

• (d) The Board may, at any time after the expiration of the period specified by the Board under paragraph (c)(i) for making observations, make its decision on the application.

• (e) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under the Environmental Protection Agency Act 1992.

• (11)
• (a) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for approval under this section.

• (b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for—

• (i) enabling a local authority to request the Board to give a written opinion on the information to be contained in a Natura impact statement,

• (ii) matters of procedure relating to the making of observations by the Environmental Protection Agency under this section and matters connected therewith, and

• (iii) requiring the Board to give information in respect of its decision regarding the proposed development for which approval is sought.

• (12) In considering under subsection (6) information furnished relating to the likely consequences for proper planning and sustainable development of a proposed development in the area in which it is proposed to situate such development, the Board shall have regard to—

• (a) the provisions of the development plan for the area,

• (b) the provisions of any special amenity area order relating to the area,

• (c) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,

• (d) where relevant, the policies of the Government, the Minister or any other Minister of the Government, and

• (e) the provisions of this Act and regulations under this Act where relevant.

• (13) A person who contravenes a condition imposed by the Board under this section shall be guilty of an offence.

• F937[(14) This section shall apply to proposed road development, other than proposed road development within the meaning of section 2(1) of the Roads Act 1993, by or on behalf of a road authority.

• (15) Where a proposed development to which this section applies is also required to be submitted to the Board under section 175, it shall be sufficient for the applicant to make one application to the Board provided that the applicant complies with this section and section 175 and in such a case the Board shall issue one decision in relation to the application under this section and section 175.

• (16) Where a proposed development to which this section applies is also required to be submitted to the Board under section 226, it shall be sufficient for the applicant to make one application to the Board provided that the applicant complies with this section and section 226 and in such a case the Board shall issue one decision in relation to the application under this section and section 226.]]

PART XI Development by Local and State Authorities, etc.

178. F942[Restrictions on development by certain local authorities

178.—(1) The council of a county shall not effect any development in its functional area which contravenes materially the development plan.

• (2) The council of a city shall not effect any development in the city which contravenes materially the development plan.

• (3) The council of a city and county shall not effect any development in the city and county which contravenes materially the development plan.]

178A. F943[Development in maritime area by local authority or State authority

178A.—(1) A local authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless—

• (a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

• (b) it is the owner of land on which it is proposed to carry out the development concerned, or

• (c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.

• (2) A State authority shall not carry out, or make an agreement with another person for the carrying out, of development in the maritime area, unless—

• (a) it is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

• (b) it is the owner of land on which it is proposed to carry out the development concerned, or

• (c) in circumstances where it proposes to carry out the development on land that it does not own, it carries out the development with the consent, or on behalf, of the owner of that land.

• (3) A coastal planning authority shall not carry out development in the maritime area that materially contravenes the National Planning Framework or any maritime spatial plan applicable to that area.]

179. Local authority own development.

179.—(1) (a) The Minister may prescribe a development F944[, other than development to which section 179A applies,] or a class of development for the purposes of this section where he or she is of the opinion that by reason of the likely size, nature or effect on the surroundings of such development or class of development there should, in relation to any such development or development belonging to such class of development, be compliance with the provisions of this section and regulations under this section.

• (b) Where a local authority that is a planning authority proposes to carry out development, or development belonging to a class of development prescribed under paragraph (a) (hereafter in this section referred to as “proposed development”) it shall in relation to the proposed development comply with this section and any regulations under this section.

• (c) F945[…]

• (d) This section shall also apply to proposed development which is carried out within the functional area of a local authority which is a planning authority, on behalf of, or in partnership with the local authority, pursuant to a contract with the local authority.

• (2) The Minister shall make regulations providing for any or all of the following matters:

• (a) the publication by a local authority of any specified notice with respect to proposed development;

• (b) requiring local authorities to—

• (i) (I) notify prescribed authorities of such proposed development or classes of proposed development as may be prescribed, or

• (II) consult with them in respect thereof,

and

• (ii) give to them such documents, particulars plans or other information in respect thereof as may be prescribed;

• (c) the making available for inspection, by members of the public, of any specified documents, particulars, plans or other information with respect to proposed development;

• (d) the making of submissions or observations to a local authority with respect to proposed development.

• (3) F946[(a)(i) The chief executive of a local authority shall, where an application is not made to the Board for a screening determination referred to in article 120(3)(b) of the Planning and Development Regulations 2001, within 8 weeks after the expiration of the period during which submissions or observations with respect to the proposed development may be made, in accordance with regulations under subsection (2), prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.

• (ii) The chief executive of a local authority shall, where an application is made to the Board for a screening determination referred to in article 120(3)(b) of the Planning and Development Regulations 2001, within 8 weeks after the making by the Board of a screening determination that an environmental impact assessment is not required in respect of the proposed development, prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.]

• (b) A report prepared in accordance with paragraph (a) shall—

• (i) describe the nature and extent of the proposed development and the principal features thereof, and shall include an appropriate plan of the development and appropriate map of the relevant area,

• (ii) evaluate whether or not the proposed development would be consistent with the proper planning and sustainable development of the area to which the development relates, having regard to the provisions of the development plan and giving the reasons and the considerations for the evaluation,

• F947[(iia) include the screening determination on why an environmental impact assessment is not required and specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might have otherwise been significant adverse effects on the environment of the development,]

• (iii) list the persons or bodies who made submissions or observations with respect to the proposed development in accordance with the regulations under subsection (2),

• (iv) summarise the issues, with respect to the proper planning and sustainable development of the area in which the proposed development would be situated, raised in any such submissions or observations, and give the response of the F948[chief executive] thereto, and

• (v) recommend whether or not the proposed development should be proceeded with as proposed, or as varied or modified as recommended in the report, or should not be proceeded with, as the case may be.

• F949[(c) A report prepared in accordance with paragraph (a) shall—

• (i) in the case of development situated wholly within the maritime area—

• (I) contain an evaluation of the consistency of the proposed development with principles of proper planning and sustainable development and the objectives of maritime spatial planning, having regard to the National Planning Framework, the National Marine Planning Framework and any maritime spatial plan applicable to the maritime site in which it is proposed that the development would be carried out, and

• (II) specify the reasons and considerations for that evaluation,

and

• (ii) in the case of development proposed to be situated partly on the landward side of a coastal planning authority’s functional area and partly in the maritime area—

• (I) contain an evaluation referred to in subparagraph (ii) of paragraph (b) and an evaluation of the consistency of the proposed development with principles of proper planning and sustainable development and objectives of maritime spatial planning, having regard to the National Planning Framework, the National Marine Planning Framework and any maritime spatial plan applicable to the maritime site in which it is proposed that the development would be carried out, and

• (II) specify the reasons and considerations for those evaluations,

in addition to the matters referred to in subparagraphs (i), (iia), (iii), (iv) and (v) of paragraph (b).]

• (4)
• (a) The members of a local authority shall F950[, within 6 weeks of the receipt of the report of the F948[chief executive],] consider the proposed development and the report of the F948[chief executive] under subsection (3).

• (b) Following the consideration of the F948[chief executive’s report] under paragraph (a), the proposed development may be carried out as recommended in the F948[chief executive’s report], unless the local authority, by resolution, decides to vary or modify the development, otherwise than as recommended in the F948[chief executive’s report], or decides not to proceed with the development.

• F951[(c) For a resolution to have effect under paragraph (b) —

• (i) it has to be passed not later than 6 weeks after the receipt of the F948[chief executive’s report], and

• (ii) in the case of a resolution not to proceed with a proposed development, it shall state the reasons for such resolution.]

• (5) F952[Sections 138, 139 and 140 of the Local Government Act, 2001,] shall not apply to development under this section.

• (6) This section shall not apply to proposed development which—

• F953[(a) consists of works of maintenance or repair other than works to a protected structure, or a proposed protected structure, which would materially affect the character of—

• (i) the structure, or

• (ii) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest,]

• (b) is necessary for dealing urgently with any situation which the F948[chief executive] considers is an emergency situation calling for immediate action,

• F954[(bb) consists of works, other than works involving road widening, to enhance public bus services or improve facilities for cyclists provided under section 95 (as amended by section 37 of the Road Traffic Act 1994) of the Road Traffic Act 1961 or under section 38 of the Road Traffic Act 1994,]

• F955[(c) consists of works which a local authority is required to undertake—

• (i) by or under any enactment,

• (ii) by or under the law of the European Union, or a provision of any act adopted by an institution of the European Union, or

• (iii) by order of a court,

• (d) is development in respect of which an F956[environmental impact assessment report] is required under section 175 or under any other enactment, or

• (e) is development in respect of which an appropriate assessment is required under section 177AE, or under any other enactment.]

179A. F957[Local authority own housing development

179A.—(1) This section applies to housing development—

• (a) that is carried out by, on behalf of, or jointly or in partnership with, a local authority pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity,

• (b) that does not materially contravene the development plan or local area plan for the area,

• (c) that is in accordance with the strategy included in the development plan for the area in accordance with section 94(1),

• (d) that is not subject to a requirement, in accordance with the Environmental Impact Assessment Directive, for an assessment with regard to its effects on the environment,

• (e) that is not subject to a requirement, in accordance with the Habitats Directive, for an appropriate assessment,

• (f) that is on land—

• (i) that is owned by a local authority or a State Authority,

• (ii) that is zoned for residential use, and

• (iii) that has access, or can be connected, to public infrastructure and facilities, including roads and footpaths, public lighting, foul sewer drainage, surface water drainage and water supply, necessary for dwellings to be developed and with sufficient service capacity available for such development,

and

• (g) that is commenced on or before 31 December 2024.

• (2) Prior to the commencement of development to which this section applies, the chief executive of the local authority shall inform the members of the local authority in relation to the development and shall provide documents, particulars or plans relevant to the development to the members.

• (3) The Minister may make regulations providing for any or all of the following matters in respect of development to which this section applies:

• (a) the giving of public notice by the local authority in respect of the development;

• (b) the publication by a local authority of any specified notice in respect of the development;

• (c) the making available for inspection, including by members of the public, of documents, particulars, plans or other information in relation to the development;

• (d) notification by the local authority in respect of such development to such bodies as the Minister may prescribe;

• (e) the entry of particulars of the development in the register;

• (f) procedures for determining, through a case-by-case basis examination or by reference to prescribed thresholds or criteria, whether the development is one which should be made subject in accordance with the Environmental Impact Assessment Directive to a requirement for an assessment with regard to its effects on the environment, the information to be provided for the purposes of such a determination, the basis on which such a determination is to be made, the time for such a determination, the contents of such a determination, and the making available to the public of such a determination;

• (g) procedures for determining whether the development is one which should be made subject, in accordance with the Habitats Directive, to an appropriate assessment;

• (h) a requirement that local authorities provide the Minister with information regarding developments that have been notified, commenced, and completed, the type of information to be provided and the frequency with which such information is to be provided.

• (4) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of development to which this section applies.

• (5) In this section—

"housing development" includes—

• (a) the construction or erection of a house or houses,

• (b) the construction of a new road or the widening or realignment of an existing road, to serve houses referred to in paragraph (a),

• (c) the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water, to serve houses referred to in paragraph (a),

• (d) the laying underground of sewers, mains, pipes or other apparatus,

• (e) the provision of open spaces, recreational and community facilities and amenities and landscaping works to serve houses referred to in paragraph (a), and

• (f) the provision of car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure to serve houses referred to in paragraph (a);

"State Authority" means any of the following:

• (a) a Minister of the Government;

• (b) an Education and Training Board established under the Education and Training Boards Act 2013;

• (c) Courts Service;

• (d) Digital Hub Development Agency;

• (e) Dublin Institute for Advanced Studies;

• (f) Enterprise Ireland;

• (g) Environmental Protection Agency;

• (h) the Garda Síochána;

• (i) Health Service Executive;

• (j) Housing and Sustainable Communities Agency;

• (k) Industrial Development Agency (Ireland);

• (l) an Institute of Technology being a college within the meaning of section 2 of the Regional Technical Colleges Act 1992;

• (m) Institute of Public Administration;

• (n) Prison Service of the Department of Justice which is charged with the management of prisons;

• (o) Legal Aid Board;

• (p) Marine Institute;

• (q) National Archives;

• (r) Oberstown Children Detention Campus;

• (s) Commissioners of Public Works in Ireland;

• (t) Ordnance Survey Ireland;

• (u) Sport Ireland;

• (v) State Laboratory;

• (w) Teagasc - the Agriculture and Food Development Authority;

• (x) a technological university established by virtue of an order under section 36 of the Technological Universities Act 2018 ;

• (y) An tSeirbhís Oideachais Leanúnaigh agus Scileanna.]

180. Taking in charge of estates.

180.—(1) F958[Subject to subsection (7), where a development] for which permission is granted under section 34 or under Part IV of the Act of 1963 includes the construction of 2 or more houses and the provision of new roads, open spaces, car parks, sewers, F959[water mains] or F959[service connections (within the meaning of the Water Services Act 2007)], and the development has been completed to the satisfaction of the planning authority in accordance with the permission and any conditions to which the permission is subject, the authority shall, where requested by the person carrying out the development, or, subject to subsection (3), F960[by the majority of the owners of the houses involved], F958[not later than 6 months after being so requested], initiate the procedures under section 11 of the Roads Act, 1993.

• (2)
• (a) Notwithstanding subsection (1), where the development F961[referred to in subsection (1)] has not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced by the planning authority within F958[4 years] beginning on the expiration, as respects the permission authorising the development, of the appropriate period, within the meaning of section 40 or the period as extended under section 42, as the case may be, the authority shall, F960[where requested by the majority of owners of the houses involved], comply with section 11 of the Roads Act, 1993, except that subsection (1)(b)(ii) of that section shall be disregarded.

• (b) In complying with paragraph (a), the authority may apply any security given under section 34(4)(g) F962, or a condition attached to a permission under [section 9](https://www.irishstatutebook.ie/eli/2016/act/17/section/9)(4) of the [Planning and Development (Housing) and Residential Tenancies Act 2016] for the satisfactory completion of the development in question.

• F961[(2A)
• (a) Notwithstanding subsections (1) or (2), where a development referred to in subsection (1) has not been completed to the satisfaction of the planning authority and either—

• (i) enforcement proceedings have been commenced by the planning authority within F958[4 years] beginning on the expiration, as respects the permission authorising the development, of the appropriate period, or

• (ii) the planning authority considers that enforcement proceedings will not result in the satisfactory completion of the development by the developer,

the authority may in its absolute discretion, at any time after the expiration as respects the permission authorising the development of the appropriate period, where requested by a majority of the owners of the houses in question, initiate the procedures under section 11 of the Roads Act 1993.

• (b) In exercising its discretion and initiating procedures under section 11 of the Roads Act 1993, the authority may apply any security given under section 34(4)(g) F962, or a condition attached to a permission under [section 9](https://www.irishstatutebook.ie/eli/2016/act/17/section/9)(4) of the [Planning and Development (Housing) and Residential Tenancies Act 2016] for the satisfactory completion of the development in question. ]

• F963[(c) The initiation of procedures under section 11 of the Roads Act 1993 shall not preclude the planning authority concerned from pursuing, under the Planning and Development Acts 2000 to 2018 or otherwise, a developer for the costs incurred by that authority in respect of works undertaken on a development to enable it to be taken in charge by that authority.]

• (3)
• (a) The planning authority may hold a plebiscite to ascertain F960[the wishes of the owners of the houses].

• (b) The Minister may make or apply any regulations prescribing the procedure to be followed by the planning authority in ascertaining F960[the wishes of the owners of the houses].

• F960[(4)
• (a) Where an order is made under section 11(1) of the Roads Act 1993 in compliance with subsection (1) or (2), the planning authority shall, in addition to the provisions of that section, take in charge—

• (i) (subject to paragraph (c)), any sewers, watermains or service connections within the attendant grounds of the development, and

• (ii) public open spaces or public car parks within the attendant grounds of the development.

• (b) Where an order is made under section 11(1) of the Roads Act 1993 in compliance with subsection (2A), the planning authority may, in addition to the provisions of that section take in charge—

• (i) (subject to paragraph (c)) some or all of the sewers, watermains or service connections within the attendant grounds of the development, and

• (ii) some or all of the public open spaces or public car parks within the attendant grounds of the development,

and may undertake,

• (I) any works which, in the opinion of the authority, are necessary for the completion of such sewers, watermains or service connections, public open spaces or public car parks within the attendant grounds of the development, or

• (II) any works as in the opinion of the authority, are necessary to make the development safe,

and may recover the costs of works referred to in clause (I) or (II) from the developer as a simple contract debt in a court of competent jurisdiction.

• (c) A planning authority that is not a water services authority within the meaning of section 2 of the Act of 2007 shall not take in charge any sewers, watermains or service connections under paragraph (a)(i) or (b)(i), but shall request the relevant water services authority to do so.

• (d) In paragraph (a)(ii), "public open spaces" or "public car parks" means open spaces or car parks to which the public have access whether as of right or by permission.

• (e) In this subsection, "public open spaces" means open spaces or car parks to which the public have access whether as of right or by permission.]

• (5) Where a planning authority acts in compliance with this section, references in section 11 of the Roads Act, 1993, to a road authority shall be deemed to include references to a planning authority.

• F960[(6) In this section "appropriate period" has the meaning given to the term in section 40, as extended under section 42 or 42A as the case may be.]

• F963[(7) This section applies to that part of a development for which permission is granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 that relates to the construction of houses and the provision of—

• (a) new roads, open spaces or car parks, or

• (b) sewers, water mains or service connections, within the meaning of the Water Services Act 2007,

relating to such houses and references to "development" in other provisions of this section shall be read accordingly.]

181. Development by State authorities.

181.—(1) (a) The Minister may, by regulations, provide that, except for this section F964[and sections 181A to 181C], the provisions of this Act shall not apply to any specified class or classes of development by or on behalf of a State authority where the development is, in the opinion of the Minister, in connection with or for the purposes of public safety or order, the administration of justice or national security or defence and, for so long as the regulations are in force, the provisions of this Act shall not apply to the specified class or classes of development.

• (b) The Minister may, by regulations, provide for any or all of the following matters in relation to any class or classes of development to which regulations under paragraph (a) apply:

• (i) the publication by a State authority of any specified notice with respect to development that it proposes to carry out or to have carried out on its behalf;

• (ii) the giving by a State authority, to the planning authority for the area in which proposed development is to be carried out, or any other specified person, of any specified notice, documents, particulars, plans or other information with respect to the proposed development;

• (iii) the making available for inspection by members of the public of any specified documents, particulars, plans or other information with respect to the proposed development;

• (iv) F965[…]

• (v) the making of submissions or observations to a State authority with respect to the proposed development;

• F966[(vi) the reference to a specified person of any dispute or disagreement, with respect to the proposed development—

• (I) between a State authority and the planning authority for the area (including, in circumstances where the planning authority is a coastal planning authority, the nearshore area of that authority) in which the proposed development is to be carried out, or

• (II) between a State authority and the Board or the Maritime Area Regulatory Authority in relation to proposed development that is to be carried out in the outer maritime area;]

• (vii) requiring a State authority, in deciding whether the proposed development is to be carried out, to have regard to any specified matters or considerations.

• (2)
• (a) F967[Subject to Parts X and XAB and any regulations made under Parts X and XAB and subsections (2A) to (2AA), where development is proposed to be carried out] by or on behalf of F968[a Minister of the Government, the Commissioners or a statutory undertaker], the Minister of the Government concerned or, in the case of development proposed to be carried out by or on behalf of the Commissioners, the Minister for Finance, may, if he or she is satisfied that the carrying out of the development is required by reason of an accident or emergency, by order provide that this Act F969[(other than sections 50, 50A, 50B and 181)] or, as may be appropriate, any requirement or requirements of regulations under subsection (1)(b) specified in the order, shall not apply to the development, and for so long as such an order is in force this Act or the said requirement or requirements, as the case may be, shall not apply to the development.

• F970[(aa) Before making an order under paragraph (a), the Minister of the Government concerned (other than where the Minister concerned is the Minister) or, in the case of development proposed to be carried out by or on behalf of the Commissioners, the Minister for Public Expenditure and Reform, shall—

• (i) inform the Minister of his or her intention to make an order under paragraph (a) and provide to the Minister a draft of the order, and

• (ii) inform any other State authority of his or her intention to make an order under paragraph (a) and provide to the State authority a draft of the order where, in the opinion of the Minister concerned, the draft order relates to the functions of that State authority.

• (ab) Where the Minister proposes to make an order under this subsection, the Minister shall, before making such order, comply with paragraph (aa)(ii).]

• (b) A Minister of the Government may by order revoke an order made by him or her under paragraph (a).

• (c) A Minister of the Government shall cause an order made by him or her under this subsection to be published in Iris Oifigiúil and notice of the making of the order to be published in a newspaper circulating in the area of the development concerned.

• F970[(2A)
• (a) F971[In subsections (2) to (2AA)]—

• (i) "approval" means a decision by the Board under subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (2L) in relation to an application for approval,

• (ii) "Minister concerned" means—

• (I) the Minister of the Government who proposes to carry out development referred to in this subsection or subsection (2)(a), or have it carried out on his or her behalf, or

• (II) the Minister for Public Expenditure and Reform where the Commissioners propose to carry out development referred to in this subsection or subsection (2)(a), or have it carried out F971[on their behalf, or]

• F972[(III) where a statutory undertaker proposes to carry out a development referred to in this subsection or subsection (2)(a), or have it carried out on its behalf, the Minister of the Government responsible for the enactment or instrument under an enactment by or under which the statutory undertaker is authorised, and]

• (iii) "proposed development" means development proposed to be carried out by or on behalf of a F971[Minister of the Government, the Commissioners or a statutory undertaker] under subsection (2)(a).

• F972[(aa) In this subsection, "enactment" has the same meaning as it has in the Interpretation Act 2005.]

• (b) F973[Where development is proposed to be carried out by or on behalf of a Minister concerned or a statutory undertaker] pursuant to an order under subsection (2)(a) and the Minister concerned is satisfied, having had regard to Part X and Part XAB, that an environmental impact assessment or an appropriate assessment, or both such assessments of the proposed development is or are required, the Minister concerned shall F974[, other than where a declaration has been made under paragraph (ba)(i),] prepare or cause to be prepared an application for approval, which shall include the documents and information referred to in paragraph (c), in respect of the development and shall apply to the Board for such approval.

• F974[(ba) Where a Minister concerned is satisfied that the carrying out of a proposed development is for the sole purpose of responding to a civil emergency, he or she may –

• (i) declare that the proposed development is exempt from a requirement under paragraph (b), arising only on the basis that an environmental impact assessment of the proposed development is required, to prepare an application for approval and apply to the Board for such approval, or

• (ii) declare that the proposed development is exempt from a requirement under paragraph (c) to prepare an environmental impact assessment report in respect of the development and include such report with an application to the Board under paragraph (b),

if the Minister considers that the application of the requirement concerned would have an adverse effect on that purpose.

• (bb) Notice of a declaration made under paragraph (ba) shall, as soon as may be, be published in Iris Oifigiúil and in at least one daily newspaper published in the State.]

• (c) An application for approval referred to in paragraph (b) shall include a draft of the order the Minister concerned proposes to make under subsection (2)(a), the plans, drawings and particulars in relation to the proposed development and, other than where an exemption is granted under subsection (2I) F974[or a declaration is made under paragraph (ba)(ii)], an environmental impact assessment report or Natura impact statement, or both that report and that statement, as the case may be, in respect of the development.

• (d) The environmental impact assessment report and the Natura impact statement provided under paragraph (c) shall, as appropriate, comply with the requirements of Parts X and XAB respectively.

• (e) A Minister concerned shall not F974[, except where a declaration is made under paragraph (ba)(i),] make an order under subsection (2)(a) in respect of development which requires an environmental impact assessment or an appropriate assessment, or, as necessary, both such assessments, proposed to be carried out F973[by or on behalf of the Minister concerned or a statutory undertaker] under the order, other than in accordance with an approval of that proposed development.

• (f) On receipt of an application for approval under paragraph (b), the Board shall, other than where an exemption is granted under subsection (2I)F974[or a declaration is made under paragraph (ba)(ii)], carry out an environmental impact assessment, or an appropriate assessment, or, as necessary, both such assessments, in accordance with Part X or Part XAB, as the case may require.

• (2B) Before a Minister concerned makes an application for approval under subsection (2A), the Minister shall—

• (a) publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—

• (i) stating that—

• (I) the Minister proposes to seek approval with regard to the proposed development,

• (II) an environmental impact assessment report or Natura impact statement or both that report and that statement, as the case may be, has or have been prepared in respect of the proposed development, and

• (III) where relevant, the proposed development is likely to have significant effects on the environment in another Member State of the European Union or a state that is a party to the Transboundary Convention,

• (ii) specifying the times and places at which, and the period (which shall not be less than 30 days) during which a copy of the application and the environmental impact assessment report or Natura impact statement or both that report and that statement, as the case may be, may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),

• (iii) inviting the making, during such period, of submissions and observations to the Board relating to the likely significant effects on the environment or adverse effects on the integrity of a European site, as the case may be, of the proposed development, if carried out,

• (iv) specifying the types of approval the Board may make, under subsection (2L)(a), in relation to the application,

• (v) stating that a person may question the validity of the approval by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) in accordance with sections 50, 50A and 50B, and

• (vi) stating where practical information on the review mechanism can be found,

• (b) send a copy of the application and the environmental impact assessment report or Natura impact statement or both that report and that statement, as the case may be, to the planning authority or each planning authority in whose functional area the proposed development would be situate and to any prescribed authorities, those prescribed authorities being, for the purposes of this subsection and subsection (2F), the same as those authorities prescribed for the purposes of section 175(4), together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to the likely significant effects on the environment or adverse effects on the integrity of a European site, as the case may be, of the proposed development, F966[if carried out]

• F975[(bb) in the case of proposed development in the maritime area, send a—

• (i) copy of the application,

• (ii) copy of the environmental impact assessment report (if any) and Natura impact statement (if any), and

• (iii) a notice stating that submissions or observations may, during the period referred to in subparagraph (ii) of paragraph (a), be made in writing to the Board in relation to the application for approval,

to the Maritime Area Regulatory Authority, and]

• (c) where the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention, send a copy of the application and the environmental impact assessment report or Natura impact statement or both that report and that statement, as the case may be, to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board.

• (2C) The Board may—

• (a) if it considers it necessary to do so, require the Minister concerned who, in respect of a proposed development, has applied for approval, to furnish to the Board such further information in relation to the likely significant effects on the environment or adverse effects on the integrity of a European site of the proposed development as the Board may specify, or

• (b) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of the proposed development, notify the Minister concerned that it is of that view and invite that Minister to make to the terms of the proposed development alterations specified in the notification and, if the Minister concerned makes those alterations, to furnish to it such information (if any) as it may specify in relation to the proposed development, in the terms as so altered, or where necessary, a revised environmental impact assessment report or revised Natura impact statement or both that report and that statement, as the case may be, in respect of it.

• (2D) If the Minister concerned makes the alterations to the terms of the proposed development specified in a notification given to him or her by the Board under subsection (2C), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of the application for approval of the proposed development concerned under subsection (2A).

• (2E) The Board shall—

• (a) where it considers that any further information furnished to it pursuant to a requirement made under subsection (2C)(a) contains significant additional data relating to the likely significant effects on the environment or adverse effects on the integrity of a European site, as the case may be, of the proposed development, or

• (b) where the Minister concerned has made the alterations to the terms of the proposed development specified in a notification given to him or her under subsection (2C)(b),

require the Minister concerned to comply with subsection (2F).

• (2F) Where subsection (2E) applies the Minister concerned shall—

• (a) publish in one or more newspapers circulating in the area or areas in which the proposed development would be situate a notice stating that, as appropriate—

• (i) further information in relation to the proposed development has been furnished to the Board, or

• (ii) the Minister concerned has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a revised environmental impact assessment report or revised Natura impact statement or both that report and that statement, as the case may be, in respect of the development has been furnished to the Board,

indicating the times at which, the period (which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report) during which and the place, or places, where a copy of the information or the environmental impact assessment report or Natura impact statement or both that report and that statement, as the case may be, referred to in subparagraph (i) or (ii) may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy) and that submissions or observations in relation to that information, report or statement may be made to the Board before the expiration of the indicated period, and

• (b) send to each prescribed authority to which a notice was given pursuant to subsection (2B)(b) or (c)—

• (i) a notice of the furnishing to the Board of, as appropriate, the further information referred to in paragraph (a)(i) or the information, report or statement referred to in paragraph (a)(ii), and

• (ii) a copy of that further information, information, report or statement,

and indicate to the authority that submissions or observations in relation to that further information, information, report or statement may be made to the Board before the expiration of a period (which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report) beginning on the day on which the notice is sent to the prescribed authority by the Minister concerned.

• (2G) The period referred to in subsection (2F)(a) or (b) shall, in a case relating to a revised environmental impact assessment report, not be less than—

• (a) 30 days where the report has been furnished to the Board, and

• (b) 3 weeks where the report has not been furnished to the Board.

• (2H) Before making a decision under subsection (2L)(a), the Board shall consider—

• (a) the environmental impact assessment report or Natura impact statement or both that report and statement, as the case may be, submitted pursuant to subsection (2A) or (2C) or both, as the case may be,

• (b) any submissions or observations made in accordance with subsection (2B) or (2F) or both, as the case may be, and

• (c) any other information furnished in accordance with subsection (2C),

relating to the likely significant effects on the environment or adverse effects on the integrity of a European site of the proposed development.

• (2I)
• (a) (i) Notwithstanding Part X, at the request in that behalf of the Minister concerned who has made an application for approval in respect of a proposed development, the Board may grant an exemption referred to in paragraph (b) where the Board is satisfied that—

• (I) exceptional circumstances so warrant,

• (II) the application of the requirement to prepare an environmental impact assessment report or to carry out an environmental impact assessment or both that report and that assessment, as the case may be, or any other provisions implementing the Environmental Impact Assessment Directive as set out in this section would adversely affect the purpose of the proposed development, and

• (III) the objectives of the Environmental Impact Assessment Directive are otherwise met.

• (ii) The Minister concerned may submit the request referred to in subparagraph (i) with the application for approval under subsection (2A) or at any time before the Board makes its decision under subsection (2L)(a).

• (b) Subject to paragraph (c), the Board may grant, in respect of the proposed development, an exemption from the requirement under this section to prepare an environmental impact assessment report or carry out an environmental impact assessment, or from any other provision of Part X as the Board considers appropriate.

• (c) No exemption may be granted under paragraph (b) in respect of the proposed development where another Member State of the European Union or a state that is a party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it intends to furnish views on those effects.

• (2J) The Board shall, in deciding to grant an exemption under subsection (2I)—

• (a) consider whether the likely significant effects, if any, of the proposed development on the environment should be assessed in some other form, and

• (b) make available to members of the public the information relating to the decision to grant an exemption under subsection (2I), the reasons for granting such exemption and the information obtained under any other form of assessment referred to in paragraph (a),