PLANNING AND DEVELOPMENT ACT, 2000

• (9) Without prejudice to the generality of subsection (8), regulations under that subsection may require the Board to give information in respect of its decision regarding the proposed development for which approval is sought.

• (10) In considering under subsection (1) 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—

• F1050[(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,]

• F1051[(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,]

• (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) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact,

• (e) the matters referred to in section 143, and

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

• (11)
• (a) No permission under F1050[section 34, 37G or 293] shall be required for any development which is approved under this section.

• (b) Part VIII shall apply to any case where development referred to in section 182A(1) is carried out otherwise than in compliance with an approval under this section or any condition to which the approval is subject as it applies to any unauthorised development with the modification that a reference in that Part to a permission shall be construed as a reference to an approval under this section.

• (12) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section to the area in which the proposed development would be situated includes, if the context admits, a reference to the 2 or more areas in which the proposed development would be situated and cognate references shall be construed accordingly.]

182C. F1052[Application for approval of strategic gas infrastructure development.

182C.—(1) Where a person (hereafter referred to in this section as the "undertaker") intends to carry out a strategic gas infrastructure development (hereafter referred to in this section and section 182D as "proposed development") F1053[, and where the Board determines following consultations under section 182E that the development comes within paragraph (a), (b) or (c) of section 37A(2),] the undertaker shall prepare, or cause to be prepared—

• (a) an application for approval of the development under section 182D, and

• (b) an F1054[F1055[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,

and shall apply to the Board for such approval accordingly, indicating in the application whether the application relates to a strategic upstream gas pipeline or a strategic downstream gas pipeline.

• (2) An application under subsection (1) for approval of a proposed development shall, if it will consist of or include a pipeline, be accompanied by a certificate in relation to the pipeline provided under section 26 of the Gas Act 1976, as amended, or section 20 of the Gas (Amendment) Act 2000 by—

• (a) in the case of a strategic upstream gas pipeline, the Minister for Communications, Marine and Natural Resources, or

• (b) in the case of a strategic downstream gas pipeline, the Commission.

• (3) The proposed development shall not be carried out unless the Board has approved it with or without modifications.

• (4) Before an undertaker makes an application for approval under subsection (1), it 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) it proposes to seek the approval of the Board for the proposed development,

• (II) an F1054[F1056[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] has been prepared in respect of the proposed development, and

• (III) where relevant, the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or other party to the Transboundary Convention,

• (ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the application and the F1054[F1057[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—

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

• (II) the likely F1054[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, and

• (iv) specifying the types of decision the Board may make, under section 182D, in relation to the application,

• F1058[(v) stating that a person may question the validity of a decision of the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) and

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

F1059[…]

• F1060[(aa) comply with section 172B,]

• (b) send a copy of the application and the F1054[F1061[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] to—

• (i) the local authority or each local authority in whose functional area the proposed development would be situate,

• (ii) any prescribed bodies,

• (iii) where the proposed development comprises or is for the purposes of a strategic downstream gas pipeline, the Commission, and

• (iv) where the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or a state which is a party to the Transboundary Convention, the prescribed body 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 in relation to—

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

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

if carried out.

• (5) The Board may—

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

• (i) the F1054[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development, or

• (ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said development of such 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 it, notify the undertaker that it is of that view and invite the undertaker to make to the terms of the proposed development alterations specified in the notification and, if the undertaker 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 F1054[F1062[revised environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] in respect of it.

• (6) If an undertaker makes the alterations to the terms of the proposed development specified in a notification given to it under subsection (5), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section and section 182D.

• (7) The Board shall—

• (a) where it considers that any further information received pursuant to a requirement made under subsection (5)(a) contains significant additional data relating to—

• (i) the likely F1054[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development, and

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

or

• (b) where the undertaker has made the alterations to the terms of the proposed development specified in a notification given to it under subsection (5)(b),

require the undertaker to do the things referred to in subsection (8).

• (8) The things which an undertaker shall be required to do as aforesaid are—

• (a) to 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 undertaker 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 F1054[a F1063[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 F1064[(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 F1065[the F1066[information or the revised environmental impact assessment report or revised 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 F1067[in relation to that information, report or statement] may be made to the Board before the expiration of the indicated period, and

• (b) to send to each prescribed authority to which a 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 paragraph (a)(i) or the F1068[information, report or statement] referred to in paragraph (a)(ii), and

• (ii) a copy of that further information, F1069[information, report or statement],

and to indicate to the authority that submissions or observations F1070[in relation to that further information, information, report or statement] may be made to the Board before the expiration of a period F1071[(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 undertaker.

• F1072[(8A) The period provided for in subsection (8)(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.]

• F1073[(9) In the case of any application to the Board under this section, the Board shall request the Commission to make observations on safety or operational matters including any relevant safety advice or specific recommendations which the Commission considers appropriate within such period as may be specified (which period shall not be less than 3 weeks from the date of the request).]

• F1053[(9A) In considering the likely effects of a proposed development on the environment or significant effects on a European site and the consequences of the development for proper planning and sustainable development, the Board shall have particular regard to the observations that the Commission considers it appropriate to make to the Board as requested under subsection (9).

• (9B) Where the Board is considering not accepting the observations of the Commission it shall give notice to and consult with the Commission, giving its reasons and the Board shall request the Commission to respond within 3 weeks of the giving of notice under this subsection.

• (9C) The Board shall consider any response given by the Commission under subsection (9B) before it makes a decision under section 182D.

• (9D) The Board, in giving an approval for a proposed development under section 182D(5)(a), (b) or (c) or refusing to approve a proposed development under section 182D(5)(d), where it does not follow the observations of the Commission or part thereof, shall give reasons.

• (9E) In making observations on safety or operational matters including any relevant safety advice or specific recommendations which the Commission considers appropriate under this section, the Commission may, without prejudice to the generality of the entitlement to make such observations, refer to such matters as it considers appropriate, including—

• (a) a safety framework established under section 13I of the Act of 1999,

• (b) directions made by the Minister for Communications, Energy and Natural Resources under section 13J of the Act of 1999,

• (c) guidelines issued under section 13L of the Act of 1999,

• (d) a safety case as defined by section 13A(1) of the Act of 1999,

• (e) a revised safety case within the meaning of section 13N of the Act of 1999,

• (f) a safety permit issued pursuant to section 13P of the Act of 1999,

• (g) an improvement notice issued under section 13Z of the Act of 1999,

• (h) a prohibition notice issued under section 13AA of the Act of 1999,

• (i) safety standards referred to in guidelines issued under section 13L of the Act of 1999,

• (j) standards and codes of practice referred to in section 13L(3)(c), and

• (k) conditions relating to petroleum authorisations.

• (9F) In subsection (9E)—

• (a) "Act of 1999" means the Electricity Regulation Act 1999;

• (b) a term or expression used in that subsection has the same meaning as it has in Part IIA of the Electricity Regulation Act 1999.]

• (10) The Minister, after consultation with the Minister for Communications, Marine and Natural Resources, may make regulations to provide for matters of procedure in relation to the making of a request of the Commission under subsection (9) and the making of observations by the Commission on foot of such a request.

• (11) In this section "Commission" means the Commission for Energy Regulation. ]

182D. F1074[Section 182C: criteria for decision, certain exemptions, etc.

182D.—(1) Before making a decision in respect of a proposed development the subject of an application under section 182C, the Board shall consider—

• (a) the F1075[F1076[environmental impact assessment report or Natura impact statement or both that report and that statement] as the case may be] submitted pursuant to section 182C(1) or (5), any submissions or observations made in accordance with section 182C(4), (8) or (9) and any other information furnished in accordance with section 182C(5) relating to—

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

• (ii) the likely F1075[effects on the environment or adverse effects on the integrity of a European site as the case may be] of the proposed development,

and

• (b) the report and any recommendations of a person conducting any oral hearing relating to the proposed development.

F1077[(2)(a) The Board may take the action specified in paragraph (b) where it is satisfied that—

• (i) exceptional circumstances so warrant,

• (ii) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and

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

• (b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 182C(1) to prepare an environmental impact assessment report.

• (c) No exemption may be granted in respect of proposed development under paragraph (b) where another Member State of the European Union or a state which 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 wishes to furnish views on those effects.]

• (3) The Board shall, in granting an exemption under subsection (2), consider whether—

• (a) F1075[the effects, if any of the proposed development on the environment or adverse effects, if any of the proposed development on the integrity of a European site] should be assessed in some other manner, and

• (b) the information arising from such an assessment should be made available to the members of the public,

and it may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.

• (4) Notice of any exemption granted under subsection (2), of the reasons for granting the exemption, and of any requirements applied under subsection (3) shall, as soon as may be—

• (a) be published in Iris Oifigiúil and in at least one daily newspaper published in the State, and

• (b) be given, together with a copy of the information, if any, made available to the members of the public in accordance with subsection (3), to the Commission of the European Communities.

• (5) F1078[The Board shall, in respect of an application under section 182C for approval of the proposed development, make its decision within a reasonable period of time and may, in respect of such application]—

• (a) approve the proposed development,

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

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

• (d) refuse to approve the proposed development,

and may attach to an approval under paragraph (a), (b) or (c) F1079[, subject to subsection (5D),] such conditions as it considers appropriate.

• F1080[(5A) A decision of the Board given under subsection (5) shall state—

• (a) the main reasons and considerations on which the decision was based,

• F1081[(aa) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

• (ab) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,]

• (b) where conditions are attached under subsection (5) or (6), the main reasons for attaching the conditions, and

• F1082[(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for approval on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,

• (bb) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, and]

• (c) the sum and direct the payment of the sum to be paid to the Board towards the costs incurred by the Board—

• (i) in complying with its obligations under sections 146B, 146C, 146D (inserted by section 30 of the Act of 2006), and 181A (inserted by section 36 of the Act of 2006),

• (ii) relating to the giving of a written opinion in compliance with a request made under section 182E(3) (inserted by section 4 of the Act of 2006),

• (iii) of conducting consultations under section 182E,

• (iv) of determining the application made under section 182C (inserted by section 4 of the Act of 2006) under this section,

and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of the sum to any planning authority that incurred costs during the course of consideration of that application and to any other person as a contribution to the costs incurred by that person during the course of consideration of that application (each of which the sums the Board may, by virtue of this subsection, require to be paid).

• F1083[(5AA) A decision of the Board given under subsection (5) and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and state how those results have been incorporated into the decision or otherwise addressed.]

• (5B) A reference to costs in subsection (5A)(c) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.

• (5C) A notice of a decision given under subsection (5) shall be furnished to the applicant as soon as may be after it is given but shall not become operative until any requirement under subsection (5A)(c) in relation to the payment by the applicant of a sum in respect of costs has been complied with.

• (5D) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement under subsection (5A)(c), the Board, the planning authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.]

• F1079[(5E) Where the Board approves development under subsection (5) on foot of an application accompanied by an opinion issued by the Board under section 182G(2) it shall attach a condition in respect of any detail of the development that was not confirmed at the time of the application requiring—

• (a) the actual detail to fall within specified options or parameters or a combination of options and parameters, and

• (b) the applicant to notify the planning authority in whose functional area or areas the development is situated, in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.]

• (6) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under subsection (5)(a), (b) or (c) a condition requiring—

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

• (b) 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.

• (7) A condition attached pursuant to subsection (6) 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 under this section operates of the benefits likely to accrue from the grant of the approval.

• (8) The Minister may, after consultation with the Minister for Communications, Marine and Natural Resources, 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 under section 182C for approval F1079[including applications accompanied by an opinion under section 182G(2)].

• (9) Without prejudice to the generality of subsection (8), regulations under that subsection may require the Board to give information in respect of its decision regarding the proposed development for which approval is sought.

• (10) In considering under subsection (1) 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—

• F1084[(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,]

• F1085[(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,]

• (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) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact,

• (e) the matters referred to in section 143, and

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

(11)(a) No permission under F1084[section 34, 37G or 293] shall be required for any development which is approved under this section.

• (b) Part VIII shall apply to any case where development referred to in section 182C(1) is carried out otherwise than in compliance with an approval under this section or any condition to which the approval is subject as it applies to any unauthorised development with the modification that a reference in that Part to a permission shall be construed as a reference to an approval under this section.

• (12) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section to the area in which the proposed development would be situated includes, if the context admits, a reference to the 2 or more areas in which the proposed development would be situated and cognate references shall be construed accordingly.]

182E. F1086[Procedures in advance of seeking approval under section 182B or 182D.

182E.—(1) A person (a "prospective applicant") who proposes to apply for approval under section 182B or 182D shall, before making the application, enter into consultations with the Board in relation to the proposed development.

• (2) In any consultations under subsection (1), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding—

• (a) the procedures involved in making such an application, and

• (b) what considerations, related to proper planning and sustainable development or the environment, may, in the opinion of the Board, have a bearing on its decision in relation to the application.

F1087[(3)(a) Paragraph (b) applies where a prospective applicant requests the Board to give to him or her an opinion in writing on the scope and level of detail of the information required to be included by the prospective applicant in an environmental impact assessment report in relation to the proposed development.

• (b) The Board shall—

• (i) after consulting the prospective applicant and such bodies as may be specified by the Minister for the purpose, and

• (ii) after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment,

give the opinion as soon as is practicable.]

• F1088[(3A) Where an opinion referred to in subsection (3) 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 development, taking into account current knowledge and methods of assessment.]

• (4) A prospective applicant shall, for the purposes of—

• (a) consultations under subsection (1), and

• (b) the Board’s complying with a request under subsection (3),

supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development.

• (5) Neither—

• (a) the holding of consultations under subsection (1), nor

• (b) the provision of an opinion under subsection (3),

shall prejudice the performance by the Board of any other of its functions under this Act or regulations under this Act, or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.

• (6) The Board shall keep a record in writing of any consultations under this section in relation to a proposed development, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any application in respect of the proposed development relates.

• (7) The Board may, at its absolute discretion, consult with any person who may, in the opinion of the Board, have information which is relevant for the purposes of consultations under this section in relation to a proposed development.]

182F. F1089[Application for opinion under section 182G

182F.—(1) A person who proposes to apply for approval under section 182B or 182D (referred to in this section and section 182G as a "prospective applicant") may request a meeting with the Board for the purposes of section 182G as part of consultations referred to in section 182E(1).

• (2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—

• (a) the name and address of the prospective applicant,

• (b) a site location map sufficient to identify the land on which the proposed development would be situated,

• (c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,

• (d) a draft layout plan of the proposed development,

• (e) a description of—

• (i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and

• (ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in subparagraph (i) including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,

• (f) an undertaking to provide with the proposed application, either—

• (i) two or more options, in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided,

• (ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made and decided, or

• (iii) a combination of subparagraphs (i) and (ii),

• (g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and

• (h) such other information as may be prescribed.

• (3) Where a prospective applicant submits a request in accordance with subsection (1) the Board shall convene a meeting for the purposes of section 182G.

• (4) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened under subsection (3), including—

• (a) matters that are required to be considered at the meeting,

• (b) matters that may be considered at the meeting, and

• (c) the manner in which the meeting is to be conducted.]

182G. F1090[Opinion as to flexibility with regard to application for approval

182G.—(1) The Board shall, as soon as practicable after a meeting convened under section 182F(3) takes place, consider—

• (a) the information included in the request for the meeting under section 182F, and

• (b) any other relevant information that is made available at the meeting, and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application.

• (2) Where the Board determines that it is satisfied in accordance with subsection (1) it shall provide an opinion to that effect to the prospective applicant.

• (3) Where the Board determines that it is not satisfied in accordance with subsection (1) it shall notify the prospective applicant to that effect.

• (4) An opinion under subsection (2) shall specify—

• (a) the details, or groups of details, of the proposed development that may be confirmed after the proposed application has been made and decided,

• (b) the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in paragraph (a), and

• (c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act, be accompanied by the information referred to in section 182F(2)(f).

• (5) A meeting held, and any opinion issued, for the purposes of this section shall be part of consultations held under section 182E.

• (6) An opinion issued by the Board under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 182A or 182C.

• (7) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the Board providing an opinion under subsection (2), including the form of the opinion.]

182H. F1091[Offence of taking payment, etc. in connection with section 182G procedure

182H.—A member or official of the Board who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an opinion or notification under section 182G commits an offence.]

PART XII Compensation

Chapter I Compensation generally

183. Compensation claims time limits.

183.—(1) Subject to subsection (2), a claim for compensation under this Part shall be made not later than 6 months after—

• (a) in the case of a claim under section 190, the date of the decision of the Board,

• (b) in the case of a claim under section 195, the date of the decision of the planning authority or the Board, as the case may be,

• (c) in the case of a claim under section 196, the removal or alteration of the structure,

• (d) in the case of a claim under section 197, the discontinuance or compliance,

• (e) in the case of a claim referred to in section 198, the date of the approval of a scheme under section 85 or the date of complying with a notice under section 88, as the case may be,

• (f) in the case of a claim under section 199, the date on which the action of the planning authority occurred,

• (g) in the case of a claim under section 200, the date on which the order creating the public right of way commences to have effect, and

• (h) in the case of a claim under section 201, the date on which the damage is suffered.

• (2) The High Court may, where it considers that the interests of justice so require, extend the period within which a claim for compensation under this Part may be brought, upon application being made to it in that behalf.

184. Determination of compensation claim.

184.—A claim for compensation under this Part shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, but subject to—

• (a) the Second Schedule in respect of a reduction in the value of an interest in land,

• (b) the proviso that the arbitrator shall have jurisdiction to make a nil award, and

• (c) the application of the Second Schedule to a claim for compensation under Chapter III of this Part for a reduction in the value of an interest as if a reference to “the relevant decision under Part III” or to “the decision” was, in relation to each of the sections in that Chapter set out in column A of the Table to this section, a reference to the matter set out in column B of that Table opposite the reference in column A to that section.

TABLE

A Section	B
196	the removal or alteration of a structure consequent upon a notice under section 46.
197	the discontinuance with, or the compliance with conditions on the continuance, of the use of land consequent upon a notice under section 46.
198	the approval of a scheme under section 85 or the compliance with a notice under section 88.
199	the action by the planning authority under section 182.
200	the making by the planning authority of an order under section 207.

185. Regulations in relation to compensation.

185.—The Minister may make regulations to provide for the following:

• (a) the form in which claims for compensation are to be made;

• (b) the provision by a claimant of evidence in support of his or her claim, and information as to his or her interest in the land to which the claim relates;

• (c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him or her) having an interest in the land to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority or the claimant of every other person (if any) appearing to it or him or her to have an interest in the land.

186. Prohibition of double compensation.

186.—Where a person would, but for this section, be entitled to compensation under this Part in respect of any matter or thing, and also to compensation under any other enactment in respect of the same matter or thing, he or she shall not be entitled to compensation in respect of the matter or thing both under this Part and under the other enactment, and shall not be entitled to any greater amount of compensation under this Part in respect of the matter or thing than the amount of the compensation to which he or she would be entitled under the other enactment in respect of the matter or thing.

187. Recovery of compensation from planning authority.

187.—(1) All compensation payable under this Part by the planning authority shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Part, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction.

• (2) All costs and expenses of parties to an arbitration to determine the amount of any compensation shall, in so far as the costs and expenses are payable by the planning authority, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction.

• (3) Section 69 to 79 of the Lands Clauses Consolidation Act, 1845, as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890, or any other Act, shall apply in relation to compensation by this section made recoverable as a simple contract debt, as if the compensation were a price or compensation under the Lands Clauses Consolidation Act, 1845, as so amended or adapted.

• (4) Where money is paid into court by the planning authority under section 69 of the Lands Clauses Consolidation Act, 1845, as applied by this section, no costs shall be payable by that authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of that money.

188. Registration of compensation.

188.—(1) Where, on a claim for compensation under Chapter II of this Part, compensation has become payable of an amount exceeding £500, the planning authority shall prepare and retain a statement of that fact, specifying the refusal of permission or grant of permission subject to conditions, or the revocation or modification of permission, the land to which the claim for compensation relates, and the amount of the compensation.

• (2)
• (a) A planning authority shall enter in the register particulars of a statement prepared by it under this section.

• (b) Every entry under paragraph (a) shall be made within the period of 2 weeks beginning on the day of the preparation of the statement.

189. Recovery by planning authority of compensation on subsequent development.

189.—(1) No person shall carry out any development to which this section applies, on land in respect of which a statement (a “compensation statement”) stands registered (whether under section 72 of the Act of 1963, section 9 of the Act of 1990 or section 188 of this Act) until that amount, as is recoverable under this section in respect of the compensation specified in the compensation statement, has been paid or secured to the satisfaction of the planning authority.

• (2) This section applies to any development (other than exempted development) of a kind specified in section 192(2), except that—

• (a) this section shall not apply to any development by virtue of a permission to develop land under Part III referred to in section 192(5) where the permission was granted subject to conditions other than conditions of a class or description set out in the Fifth Schedule, and

• (b) in a case where the compensation specified in the statement became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

• (3) Subject to subsection (4), the amount recoverable under this section in respect of the compensation specified in a compensation statement—

• (a) if the land on which the development is to be carried out (the “development area”) is identical with, or includes (with other land) the whole of the land comprised in the compensation statement, shall be the amount of compensation specified in that statement, or

• (b) if the development area forms part of the land comprised in the compensation statement, or includes part of that land together with other land not comprised in that statement, shall be so much of the amount of compensation specified in that statement as is attributable to land comprised in that statement and falling within the development area.

• (4) The attribution of compensation under subsection (3)(b) shall be in accordance with the following—

• (a) the planning authority shall (if it appears to it to be practicable to do so) apportion the amount of the compensation between the different parts of the land, according to the way in which those parts appear to it to be differently affected by the refusal of permission or grant of permission subject to conditions;

• (b) if no apportionment is made, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the statement relates;

• (c) if an apportionment is made, the compensation shall be treated as distributed in accordance with that apportionment, as between the different parts of the land by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land;

• (d) if any person disputes an apportionment under this subsection, the dispute shall be submitted to and decided by a property arbitrator nominated under the Property Values (Arbitration and Appeals) Act, 1960.

• (5) Where, in connection with the development of any land, an amount becomes recoverable under this section in respect of the compensation specified in a compensation statement, then no amount shall be recoverable, in so far as it is attributable to that land, in connection with any subsequent development thereof.

• (6) An amount recoverable under this section in respect of any compensation shall be payable to the planning authority, and—

• (a) shall be so payable, either as a single capital payment or as a series of instalments of capital and interest combined (the interest being determined at the same rate as for a judgment debt), or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the planning authority may direct, after taking into account any representations made by the person by whom the development is to be carried out, and

• (b) except where the amount is payable as a single capital payment, shall be secured by that person in such manner (whether by mortgage, covenant or otherwise) as the planning authority may direct.

• (7) If any person initiates any development to which this section applies in contravention of subsection (1), the planning authority may serve a notice upon him or her, specifying the amount appearing to it to be the amount recoverable under this section in respect of the compensation in question, and requiring him or her to pay that amount to the planning authority within such period, not being less than 12 weeks after the service of the notice, as may be specified in the notice, and, in default of the amount being paid to the planning authority within the period specified in the notice, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.

Chapter II Compensation in relation to decisions under Part III

190. Right to compensation.

190.—If, on a claim made to the planning authority, it is shown that, as a result of a decision on an appeal under Part III involving a refusal of permission to develop land or a grant of permission to develop land subject to conditions, the value of an interest of any person existing in the land to which the decision relates at the time of the decision is reduced, that person shall, subject to the other provisions of this Chapter, be entitled to be paid by the planning authority by way of compensation—

• (a) such amount, representing the reduction in value, as may be agreed,

• (b) in the absence of agreement, the amount of such reduction in value, determined in accordance with the Second Schedule, and

• (c) in the case of the occupier of the land, the damage (if any) to his or her trade, business or profession carried out on the land.

191. Restriction of compensation.

191.—(1) Compensation under section 190 shall not be payable in respect of the refusal of permission for any development—

• (a) of a class or description set out in the Third Schedule, or

• (b) if the reason or one of the reasons for the refusal is a reason set out in the Fourth Schedule.

• (2) Compensation under section 190 shall not be payable in respect of the refusal of permission for any development based on any change of the zoning of any land as a result of F1092[the making of a new development plan under section 12 or the preparing, making, amending or revoking of a local area plan under section 18 or 20.]

• (3) Compensation under section 190 shall not be payable in respect of the imposition, on the granting of permission to develop land, of any condition of a class or description set out in the Fifth Schedule.

• (4) Compensation under section 190 shall not be payable in respect of the refusal of permission, or of the imposition of conditions on the granting of permission, for the retention on land of any unauthorised structures.

192. Notice preventing compensation.

192.—(1) Where a claim for compensation is made under section 190, the planning authority concerned may, not later than 12 weeks after the claim is received, and having regard to all the circumstances of the case, serve a notice in such form as may be prescribed on the person by whom or on behalf of whom the claim has been made stating that, notwithstanding the refusal of permission to develop land or the grant of permission to develop land subject to conditions, the land in question is in its opinion capable of other development for which permission under Part III ought to be granted.

• (2) For the purpose of subsection (1), “other development” means development of a residential, commercial or industrial character, consisting wholly or mainly of the construction of houses, shops or office premises, hotels, garages and petrol filling stations, theatres or structures for the purpose of entertainment, or industrial buildings (including warehouses), or any combination thereof.

• (3) A notice under subsection (1) shall continue in force for a period of 5 years commencing on the day of service of the notice, unless before the expiration of that period—

• (a) the notice is withdrawn by the planning authority,

• (b) a permission is granted under Part III to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, subject to no conditions or to conditions of a class or description set out in the Fifth Schedule, or

• (c) the notice is annulled by virtue of subsection (5).

• (4) Compensation shall not be payable on a claim made under section 190 where—

• (a) a notice under subsection (1) is in force in relation to that claim,

• (b) a notice under subsection (1) was in force in relation to that claim but has ceased to be in force by reason of the expiration of the period referred to in subsection (3), and an application for permission under Part III to develop the land to which the notice relates, in a manner consistent with the other development specified in the notice, has not been made within that period, or

• (c) a notice under subsection (1) was in force in relation to the claim but has ceased to be in force by virtue of subsection (3)(b).

• (5) A notice under subsection (1) shall be annulled where, upon an application for permission under Part III to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, the permission is refused or is granted subject to conditions other than conditions of a class or description set out in the Fifth Schedule.

• (6) No claim for compensation under section 190 shall lie in relation to a decision under Part III referred to in subsection (5).

193. Special provision for structures substantially replacing structures demolished or destroyed by fire.

193.—(1) Nothing in section 191 shall prevent compensation being paid—

• (a) in a case in which there has been a refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed by fire or otherwise than by an unlawful act of the owner or of the occupier with the agreement of the owner within the 2 years preceding the date of application for permission, or there has been imposed a condition in consequence of which the new structure may not be used for the purpose for which the demolished or destroyed structure was last used, or

• (b) in a case in which there has been imposed a condition in consequence of which the new structure referred to in paragraph (a) or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, is set back or forward.

• (2) Every dispute and question as to whether a new structure would or does replace substantially within the meaning of subsection (1) a demolished or destroyed structure shall be referred to the Board for determination.

194. Restriction on assignment of compensation under section 190.

194.—A person shall not be entitled to assign to any other person all or any part of any prospective compensation under section 190, and every purported assignment or promise, express or implied, to pay any other person any money in respect of any such compensation is void.

195. Compensation where permission is revoked or modified.

195.—(1) Where permission to develop land has been revoked or modified by a decision under section 44—

• (a) if, on a claim made to the planning authority, it is shown that any person interested in the land has incurred expenditure or entered into a contract to incur expenditure in respect of works which are rendered abortive by the revocation or modification, the planning authority shall pay to that person compensation in respect of that expenditure or contract,

• (b) the provisions of this Part shall apply in relation to the decision where it revoked the permission or modified it by the imposition of conditions—

• (i) in case it revoked the permission, as they apply in relation to refusal of permission to develop land, and

• (ii) in case it modified the permission by the imposition of conditions, as they apply in relation to a grant of permission to develop land subject to conditions.

• (2) For the purposes of this section, any expenditure reasonably incurred in the preparation of plans for the purposes of any works or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out those works but, no compensation shall be paid by virtue of this section in respect of any works carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission.

• F1093[(3) This section shall apply to an order made under section 44A subject to—

• (a) the modification that references to planning authority shall be construed as references to the Minister, and

• (b) any other necessary modifications.]

Chapter III Compensation in relation to section 46, 85, 88, 182, 207 and 252

196. Compensation regarding removal or alteration of structure.

196.—If, on a claim made to the planning authority, it is shown that, as a result of the removal or alteration of any structure consequent upon a notice under section 46, the value of an interest of any person in the structure existing at the time of the confirmation of the notice is reduced, or that any person having an interest in the structure at that time has suffered damage by being disturbed in his or her enjoyment of the structure, that person shall, subject to the other provisions of this Part, be entitled to be paid by the planning authority by way of compensation the amount of the reduction in value or the amount of the damage.

197. Compensation regarding discontinuance of use.

197.—(1) If, on a claim made to the planning authority, it is shown that, as a result of the discontinuance, or the compliance with conditions on the continuance, of any use of land consequent upon a notice under section 46, the value of an interest of any person in the land existing at the time of the confirmation of the notice is reduced, or that any person having an interest in the land at that time has suffered damage by being disturbed in his or her enjoyment of the land, that person shall, subject to the other provisions in this Part, be entitled to be paid by the planning authority by way of compensation the amount of the reduction in value or the amount of the damage.

• (2) Notwithstanding subsection (1), no compensation shall be paid under this section in relation to reduction in value or damage resulting from the imposition under section 46 of conditions on the continuance of the use of land, being conditions imposed in order to avoid or reduce serious water pollution or the danger of such pollution.

• (3) Subsection (1) shall not apply where the use of land is for the exhibition of advertising unless at the time of the discontinuance or compliance, the land has been used for the exhibition of advertising for less than 5 years, whether the use was continuous or intermittent or whether or not, while the land was being so used, advertising was exhibited at the same place on the land.

198. Compensation claim relating to area of special planning control.

198.—If, on a claim made to a planning authority, it is shown that—

• (a) the value of an interest of any person in land in an area of special planning control has been reduced, or

• (b) as a result of complying with a notice under section 88, the value of an interest of any person in the land existing at the time of the notice has been reduced, or that any person, having an interest in the land at the time, has suffered damage by being disturbed in his or her enjoyment of the structure or other land,

that person shall be paid by the planning authority, by way of compensation, a sum equal to the amount of the reduction in value or a sum in respect of the damage suffered.

199. Compensation regarding cables, wires and pipelines.

199.—If, on a claim made to the local authority, it is shown that, as a result of the action of the authority pursuant to section 182 in placing, renewing or removing any cable, wire or pipeline, attaching any bracket or fixture or affixing any notice, the value of an interest of any person in the land or structure existing at the time of the action of the planning authority is reduced, or that any person having an interest in the land or structure at that time has suffered damage by being disturbed in his or her enjoyment of the land or structure, that person shall, subject to the other provisions of this Part, be entitled to be paid by the local authority by way of compensation the amount of the reduction in value or the amount of the damage.

200. Compensation regarding creation of public rights of way.

200.—If, on a claim made to the planning authority, it is shown that the value of an interest of any person in land, being land over which a public right of way has been created by an order under section 207 made by that authority, is reduced, or that any person having an interest in the land has suffered damage by being disturbed in his or her enjoyment of the land, in consequence of the creation of the public right of way, that person shall, subject to the other provisions of this Part, be entitled to be paid by the planning authority by way of compensation the amount of the reduction in value or the amount of the damage.

201. Compensation regarding entry on land.

201.—If, on a claim made to the planning authority, it is shown that, as a result of anything done under section 252 or 253, any person has suffered damage, the person shall, subject to the other provisions of this Part, be entitled to be paid by the planning authority by way of compensation the amount of the damage.

PART XIII Amenities

202. Area of special amenity.

202.—(1) Where, in the opinion of the planning authority, by reason of—

• (a) its outstanding natural beauty, or

• (b) its special recreational value,

and having regard to any benefits for nature conservation, an area should be declared under this section to be an area of special amenity, it may, by resolution, make an order to do so and the order may state the objective of the planning authority in relation to the preservation or enhancement of the character or special features of the area, including objectives for the prevention or limitation of development in the area.

• (2) Where it appears to the Minister that an area should be declared under this section to be an area of special amenity by reason of—

• (a) its outstanding natural beauty, or

• (b) its special recreational value,

and having regard to any benefits for nature conservation, he or she may, if he or she considers it necessary, direct a planning authority to make an order under this section in relation to an area specified in the direction and may, if he or she thinks fit, require that objectives specified in the direction be included by the planning authority in the order in respect of matters and in a manner so specified, and if the Minister gives a direction under this subsection the planning authority concerned shall comply with the direction.

• (3) An order made pursuant to a direction under subsection (2) shall be revoked or amended only with the consent of the Minister.

• (4) An order under this section shall come into operation on being confirmed, whether with or without modification, under section 203.

• (5) Where the functional areas of two planning authorities are contiguous, either authority may, with the consent of the other, make an order under this section in respect of an area in or partly in the functional area of the other.

• (6) Any order under this section may be revoked or varied by a subsequent order under this section.

• (7) Subject to subsection (3), a planning authority may, from time to time, review an order made under this section (excepting any order merely revoking a previous order), for the purpose of deciding whether it is desirable to revoke or amend the order.

203. Confirmation of order under section 202.

203.—(1) As soon as may be after it has made an order under section 202, a planning authority shall publish in one or more newspapers circulating in the area to which the order relates a notice—

• (a) stating the fact of the order having been made, and describing the area to which it relates,

• (b) naming a place where a copy of the order and of any map referred to therein may be seen during office hours,

• (c) specifying the period (not being less than 4 weeks) within which, and the manner in which, objections to the order may be made to the planning authority, and

• (d) specifying that the order requires confirmation by the Board and that, where any objections are duly made to the order and are not withdrawn, an oral hearing will be held and the objections will be considered before the order is confirmed.

• (2) As soon as may be after the period for making objections has expired, the planning authority may submit the order made under section 202 to the Board for confirmation, and, when making any such submission, it shall also submit to the Board any objections to the order which have been duly made and have not been withdrawn.

• (3)
• (a) If no objection is duly made to the order, or if all objections so made are withdrawn, the Board may confirm the order made under section 202, with or without modifications, or refuse to confirm it.

• (b) Where any objections to the order are not withdrawn, the Board shall hold an oral hearing and shall consider the objections, and may then confirm the order, with or without modifications, or refuse to confirm it.

• (4) Any reference in this Act, or any other enactment, to a special amenity area order shall be construed as a reference to an order confirmed under this section.

204. Landscape conservation areas.

204.—(1) A planning authority may, by order, for the purposes of the preservation of the landscape, designate any area or place within the functional area of the authority as a landscape conservation area.

• (2)
• (a) Notwithstanding any exemption granted under section 4 or under any regulations made under that section, the Minister may prescribe development for the purpose of this section, which shall not be exempted development.

• (b) Development prescribed under paragraph (a) may be subject to any conditions or restrictions that the Minister may prescribe.

• (3) An order made by a planning authority under this section may specify, in relation to all or any part of the landscape conservation area, that any development prescribed by the Minister under subsection (2) shall be considered not to be exempted development in that area.

• (4) Where a planning authority proposes to make an order under this section, it shall cause notice of the proposed order to be published in one or more newspapers circulating in the area of the proposed landscape conservation area.

• (5) A notice under subsection (4) shall state that—

• (a) the planning authority proposes to make an order designating a landscape conservation area, indicating the place or places and times at which a map outlining the area may be inspected, and shall give details of the location of the area and any prescribed development which it proposes to specify in the order, and

• (b) submissions or observations regarding the proposed order may be made to the planning authority within a stated period of not less than 6 weeks, and that the submissions or observations will be taken into consideration by the planning authority.