PLANNING AND DEVELOPMENT ACT, 2000

• (ii) provide such plans, documentation or other information as are necessary to establish that the requirements of this Part and any regulations made under this Part or any licence or any conditions to which the licence is subject are being complied with,

• (b) take with him or her on to land such persons and equipment as he or she considers necessary and to carry out such tests or to do such other things which he or she considers necessary for the purposes referred to in subsection (1).

• (3) Any person who—

• (a) refuses to allow an authorised person or a member of the Garda Síochána to enter any land in exercise of his or her powers under this section,

• (b) obstructs or impedes an authorised person or a member of the Garda Síochána in exercise of his or her powers under this section, or

• (c) wilfully or recklessly gives, either to an authorised person or a member of the Garda Síochána, information which is false or misleading in a material respect,

shall be guilty of an offence.

• (4) In this section, “authorised person” means a person authorised for the purposes of this Act by a local authority.

236. Limitation of civil proceedings.

236.—(1) No action or other proceeding shall lie or be maintainable against the Minister or a local authority or any other officer or employee of a local authority or any person engaged by a local authority or a member of the Garda Síochána for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to exercise any function conferred or imposed on the local authority by or under this Part.

• (2) A person shall not be entitled to bring any civil proceedings pursuant to this Part by reason only of the contravention of any provision of this Part, or of any regulations made thereunder.

237. Consequential provisions for offences.

237.—(1) The local authority by whom a licence under section 231 was granted may revoke it if the person to whom the licence is granted is convicted of an offence under this Part.

• (2) Proceedings for an offence under this Part may be brought by the local authority in whose area the offence is committed.

238. Holding of event by local authority.

238.—(1) An event that is prescribed in accordance with section 230(1) and is proposed to be carried out by a local authority (in this section referred to as a “proposed event”) shall be carried out in accordance with this section and any regulations made under subsection (2).

• (2) The Minister may make regulations providing for—

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

• (b) the notification or consultation by the local authority of any specified person or persons,

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

• (d) the making of submissions or observations to the local authority within a prescribed time with respect to the proposed event.

• (3)
• (a) The F1130[chief executive] of a local authority shall, after the expiration of the period prescribed under subsection (2)(d) for the making of submissions or observations, prepare a written report in relation to the proposed event and submit the report to the members of the local authority.

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

• (i) specify the proposed event,

• (ii) specify the matters referred to in section 231(4) to which the holding of the proposed event will be subject,

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

• (iv) summarise the issues raised in any such submissions or observations and state the response of the F1130[chief executive] to them, and

• (v) recommend whether or not the proposed event should be held.

• (c) The members of the local authority shall, as soon as may be, consider the proposed event and the report of the F1130[chief executive] under paragraph (a),

• (d) Following the consideration of the F1130[chief executive’s report] under paragraph (c), the proposed event may be carried out as recommended in the F1130[chief executive’s report], unless the local authority, by resolution, decides to vary or modify the event, otherwise than as recommended in the F1130[chief executive’s report], or decides not to proceed with the event.

• (e) A resolution under paragraph (d) must be passed not later than 6 weeks after receipt of the F1130[chief executive’s report].

239. Control of funfairs.

239.—F1131[…]

240. Exclusion of events and funfairs from planning control.

240.—(1) Subject to subsection (2), the holding of an event to which this Part applies and works directly or solely relating to the holding of such an event shall not be construed as “development” within the meaning of this Act.

• (2)
• (a) Notwithstanding section 230 or 239, the provisions of this Part shall not affect the validity of any planning permission granted under Part IV of the Act of 1963 for the holding of an event or events or for a funfair.

• (b) Where a planning permission referred to in paragraph (a) has been granted for the holding of an event or events in respect of land, a licence under this Part shall be required for the holding of any additional event on the land concerned.

241. Regulations for event.

241.—The Minister may make regulations providing that any activity or class of activity to which the public have access and which takes place wholly or mainly in the open air or in a structure with no roof or a partial, temporary or retractable roof, a tent or other similar temporary structure to be an event for the purposes of this Part.

PART XVII Financial Provisions

242. Expenses of administration of Minister.

242.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

243. F1132[Charging of expenses of planning authority

243.—Expenses under this Act of a planning authority shall be charged on the local authority concerned.]

244. Apportionment of joint expenses of planning authorities.

244.—(1) Two or more planning authorities may, by resolution, make and carry out an agreement for sharing the cost of performing all or any of their functions under this Act and, where an agreement has been made under this subsection, the planning authorities concerned may, by resolution, terminate it at any time if they so agree.

• (2) Where a planning authority proposes to perform in its functional area a function under this Act at the request of or wholly or partially in the interests of the area of another planning authority (being a planning authority whose area is contiguous with the area of the first-mentioned planning authority), the other planning authority shall defray the cost of the performance of the function to such extent as may be agreed upon between the authorities or, in default of agreement, as may be determined by the Minister.

245. Power to set-off.

245.—Where a sum is due under this Act to any person by a planning authority and, at the same time, another sum under this Act is due by that person to that authority, the former sum may be set-off against the latter either, as may be appropriate, in whole or in part.

246. Fees payable to planning authorities.

246.—(1) The Minister may make regulations providing for—

• (a) the payment to planning authorities of prescribed fees in relation to applications for—

• (i) permission under Part III, or

• (ii) extensions or further extensions under section 42,

• (b) the payment to planning authorities of prescribed fees in relation to the making of submissions or observations respecting applications for permission referred to in paragraph (a),

• (c) the payment to planning authorities of prescribed fees in relation to requests for declarations under section 5,

• F1133[(ca) the payment to planning authorities of prescribed fees in relation to applications for determinations under section 176A,]

• F1134[(d) the payment—

• (i) to local authorities of prescribed fees in relation to applications for grants of licences under section 231 or certificates of safety under section 239, F1135[…]

• (ii) to planning authorities of prescribed fees in relation to any consultation or advice under section 247, F1135[…]]

• F1136[(iii) to planning authorities of prescribed fees in relation to the provision of an LRD opinion,

• F1137[(iv) to planning authorities of prescribed fees in relation to the provision of an opinion or notification under section 32I,]

and]

• (e) the payment to planning authorities of prescribed fees in relation to applications for grants of licences under section 254,

and the regulations may provide for the payment of different fees in relation to cases of different classes or descriptions, for exemption from the payment of fees in specified circumstances, for the waiver, remission or refund (in whole or in part) of fees in specified circumstances and for the manner in which fees are to be disposed of.

• (2) The Minister may prescribe that the fee payable to the authority for an application for permission under section 34(12) shall be an amount which shall be related to the estimated cost of the development, or the unauthorised part thereof, as the case may be.

• (3)
• F1134[(a) Where, under regulations under this section, a fee is—

• (i) payable to a planning authority by an applicant in respect of an application to which paragraph (a) or (e) of subsection (1) applies, or

• (ii) payable to a local authority in respect of an application to which subparagraph (i) of paragraph (d) of that subsection applies,

a decision in relation to the application shall not be made until the fee is paid.

• (aa) Where, under regulations under this section, a fee is payable to a planning authority by a person in respect of—

• (i) a request to which paragraph (c) of subsection (1) applies, or

• (ii) a consultation or advice to which subparagraph (ii) of paragraph (d) of that subsection applies,

the planning authority shall not—

• (I) give the declaration, or

• (II) provide the consultation or advice,

as may be appropriate, until the fee is paid.]

• (b) With regard to applications under paragraph (a) of subsection (1), notwithstanding anything contained in section 34(8) or 42(2), a decision of a planning authority shall not be regarded, pursuant to any of those sections, as having been given on a day which is earlier than that which is 8 weeks after the day on which the authority is in receipt of the fee, and section 34(8) and 42(2) shall be construed subject to and in accordance with the provisions of this paragraph.

• F1138[(c) With regard to applications under subsection (1)(e), notwithstanding anything contained in section 254(5A), a deemed decision to grant a licence shall not be regarded as having been made on a day which is earlier than the day following the expiration of 4 months commencing on the day on which the authority is in receipt of the fee and section 254(5A) shall be construed subject to and in accordance with this paragraph.]

• (4) Where under regulations under this section a fee is payable to a planning authority or local authority and the person by whom the fee is payable is not the applicant for a permission, approval or licence, submissions or observations made, as regards the relevant application, appeal or referral by or on behalf of the person by whom the fee is payable, shall not be considered by the planning authority or local authority unless the fee has been received by the authority.

• (5) A planning authority shall specify fees for the making of copies under sections 7, 16(1) and 38(4), not exceeding the reasonable cost of making such copies.

PART XVIII Miscellaneous

247. Consultations in relation to proposed development.

247.—F1142[(1) Subject to subsection (1A), a person who—

• (a) has an interest (including a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned) in land, or

• (b) is the holder of—

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

• (ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purposes of proposed development on, or in relation to, the maritime site in which the development is proposed to be situated,

and who intends to make a planning application may, with the agreement (which shall not be unreasonably withheld) of the planning authority concerned, consult with the planning authority for the purposes of discussing any proposed development in relation to the land or maritime site, as the case may be, and the planning authority may advise the person regarding the proposed application.]

• F1143[(1A)
• (a) F1144Subject to subsection (7) and [section 5] of the Planning and Development (Housing) and Residential Tenancies Act 2016, prior to making an application to a planning authority or authorities under section 34 in respect of a development that—

• (i) consists of or includes either or both residential development of more than 10 housing units or non-residential development of more than 1,000 square metres gross floor space, F1145[…]

• F1146[(ia) consists of or includes the development of student accommodation that includes 200 or more bed spaces, or]

• (ii) such other development as may be prescribed,

a prospective applicant shall have consulted the appropriate planning authority or authorities in whose area or areas the proposed development would be situated, comprising at least one meeting, and for that purpose—

• (I) subject to paragraph (b), F1144[this section] applies, with any necessary modifications to those consultations, and

• (II) those consultations shall have regard to so much of Part V as would be relevant to proposals that include housing development.

• (b) F1147[Where a planning authority receives a request for consultation from a prospective applicant in relation to proposed development referred to in paragraph (a), such consultations shall be held, or the planning authority shall provide a written confirmation referred to in subsection (7), within the period of 4 weeks beginning on the date on which the request is received by the planning authority,] unless the prospective applicant requests that the period be extended by a specified period, in which case—

• (i) the period shall be extended by the planning authority, or planning authorities, as the case may be, by such specified period upon the first such request, and

• (ii) the period may be extended, at the discretion of the planning authority or planning authorities, as the case may be, by such specified period upon a second or subsequent such request.

• (c) The failure by a planning authority to comply with the requirement to hold a consultation meeting for the purposes of F1144[this section] by virtue of paragraph (b) within the time limits provided for by that paragraph shall not prevent the prospective applicant, after the expiration of the period specified in that paragraph, from making an application to a planning authority or authorities under section 34 to which the request for a consultation under paragraph (a) relates.

• (d) The Minister may by regulations prescribe for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of requests to which paragraph (a) relate and may be so prescribed in respect of different classes of such requests.

• (e) Without prejudice to the generality of paragraph (d), regulations under that paragraph may make provision for the following—

• (i) the manner in which requests under paragraph (a) are to be made to planning authorities,

• (ii) requiring planning authorities to acknowledge in writing the receipt of requests under paragraph (a),

• (iii) requiring any person making a request under paragraph (a) to furnish to the planning authority concerned any specified types of drawings, plans, documents or other information in relation to that request.

• (f) For the purposes of this subsection "gross floor space" means the area ascertained by the internal measurement of the floor space on each floor of a building (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to the primary purpose of the building.]

• F1148[(g) A planning authority shall, in carrying out consultations under this section, consult with the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019) and, where requested to do so by the competent authority, facilitate the competent authority in engaging in the consultation and requiring the person making a request under paragraph (a) to furnish to the planning authority any specified types of drawings, plans, documents or other information in relation to that request as the competent authority may specify.]

• (2) In any consultations under subsection (1), the planning authority shall advise the person concerned of the procedures involved in considering a planning application, including any requirements of the permission regulations, and shall, as far as possible, indicate the relevant objectives of the development plan which may have a bearing on the decision of the planning authority.

• (3) The carrying out of consultations shall not prejudice the performance by a planning authority of any other of its functions under this Act, or any regulations made under this Act and cannot be relied upon in the formal planning process or in legal proceedings.

• (4)
• (a) In order to satisfy the requirements of this section, a planning authority may specify that consultations may be held at particular times and at particular locations and the authority shall not be obliged to enter into consultations otherwise than as specified by it.

• (b) Where a planning authority decides to hold consultations in accordance with paragraph (a) it shall, at least once in each year, publish notice of the times and locations at which consultations are held in one or more newspapers circulating in the area of the authority.

• (5) The planning authority shall keep a record in writing of any consultations F1149[or request for consultations] under this section that relate to a proposed development, including the names of those who participated in the consultations F1149[or request for consultations], and a copy of such record shall be placed and kept with the documents to which any planning application in respect of the proposed development relates.

• F1146[(5A) A record kept by a planning authority under subsection (5) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.]

• (6) A member or official of a planning authority is guilty of an offence if he or she 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 any consultation entered into or any advice given under this section.

• F1146[(7) Where a planning authority receives a request under this section in relation to a proposed development in respect of a part of which (referred to in this section as the "permitted development") permission has already been granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 or on foot of an application in accordance with section 32A, and the planning authority is satisfied, having compared the proposed development to the permitted development, that—

• (a) the proposed development is substantially the same as the permitted development, and

• (b) the nature, scale and effect of any alterations to the permitted development are not such that require the consultation process to be repeated,

the planning authority may determine, notwithstanding subsection (1A), that no consultation is required under this section in relation to the proposed development and may provide a confirmation in writing to the person who made the request to that effect.

• (8) A determination under subsection (7) shall not prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.

• (9) A member or official of a planning authority 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 a determination under subsection (7) commits an offence.]

248. Information to be provided in electronic form.

248.—(1) Subject to subsection (2), any document or other information that is required or permitted to be given in writing under this Act or any regulations made under this Act by the Minister, the planning authority, the Board or any other person, may be given in electronic form.

• (2) A document or information referred to in subsection (1) may be given in electronic form only—

• (a) if at the time it was given it was reasonable to expect that it would be readily accessible to the planning authority, Board or other person to whom it was directed, for subsequent reference or use,

• (b) where such document or information is required or permitted to be given to a planning authority or the Board and the planning authority or the Board consents to the giving of the information in that form, but requires—

• (i) the information to be given in accordance with particular information technology and procedural requirements, or

• (ii) that a particular action be taken by way of verifying the receipt of the information,

if the requirements of the planning authority or the Board have been met and those requirements have been made public and are objective, transparent, proportionate and non-discriminatory, and

• (c) where such document or such information is required or permitted to be given to a person who is neither a planning authority nor the Board F1150[…].

• (3) A document or information that the planning authority or the Board is required or permitted to retain or to produce, whether for a particular period or otherwise, and whether in its original form or otherwise, may be so retained or produced, as the case may be, in electronic form.

• (4) Subsections (1), (2) and (3) are without prejudice to any other law requiring or permitting documents or other information to be given, retained or produced, as the case may be, in accordance with specified procedural requirements or particular information technology.

• (5) The Minister may make regulations providing for or requiring the use of particular information technology or other procedural requirements in relation to the giving, retaining or production of a specified class or classes of documents or other information in electronic form F1151[, and may deal with applications, appeals and referrals by electronic means.]

• (6) Without prejudice to the generality of subsection (5), the regulations may apply to a particular class or classes of documents or other information, or for a particular period.

• (7) This section applies to a requirement or permission to give documents or other information whether the word “give”, “make”, “make available”, “submit”, “produce” or similar word or expression is used.

• (8)
• (a) This section is without prejudice to the requirements under section 250 in relation to the service or giving of a notice or copy of an order unless prescribed in regulations made under paragraph (b).

• (b) The Minister may by regulation extend the application of this section to the service or giving of a notice or copy of an order under section 250, where the Minister is of the opinion that the public interest would not be prejudiced by so doing and the section as so extended shall apply accordingly.

• (9) In this section—

“documents or other information” includes but is not limited to—

• (a) a development plan or any draft or variation of it,

• (b) an application for permission or any other document specified in section 38(1),

• (c) any map, plan or other drawing, and

• (d) written submissions or observations;

F1152[…]

249. Additional requirements for public notification.

249.—(1) Where any provision of this Act requires notice to be given in one or more newspapers circulating in the area of a planning authority, the planning authority may, in addition to the requirements of the particular provision and to the extent they consider appropriate, give the notice or draw the attention of the public to the notice through other forms of media including the broadcast media and the use of electronic forms for the provision of information.

• F1153[(2) Where any provision of this Act, or of any regulations made thereunder, requires notice to be given to any person who has made representations, submissions or observations to a planning authority or the Board, the planning authority or the Board may dispense with that requirement where—

• (a) a large number of representations, submissions or observations are made as part of an organised campaign, or

• (b) it is not possible to readily ascertain the full name and address of those persons who made the representations, submissions or observations,

provided that the authority or the Board uses some other means of giving notice to the public that the authority or the Board is satisfied can adequately draw the attention of the public to that notice including, in the case of an organised campaign referred to in paragraph (a), giving notice to any person who, in the opinion of the planning authority or the Board, organised the campaign.]

250. Service of notices, etc.

250.—(1) Where a notice or copy of an order is required or authorised by this Act or any order or regulation made thereunder to be served on or given to a person, it shall be addressed to him or her and shall be served on or given to him or her in one of the following ways—

• (a) where it is addressed to him or her by name, by delivering it to him or her;

• (b) by leaving it at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, at that address;

• (c) by sending it by post in a prepaid registered letter addressed to him or her at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, at that address;

• (d) where the address at which he or she ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be given or served in respect of any land or premises, by delivering it to some person over the age of 16 years resident or employed on the land or premises or by affixing it in a conspicuous place on or near the land or premises;

• F1154[(dd) where the address at which he or she ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be given or served in respect of any maritime site, by publishing the notice or copy on 7 consecutive days in a national newspaper;]

• (e) in addition to the methods of service provided for in paragraphs (a), (b), (c) and (d), by delivering it (in the case of an enforcement notice) to some person over the age of 16 years who is employed, or otherwise engaged, in connection with the carrying out of the development to which the notice relates, or by affixing it in a conspicuous place on the land or premises concerned.

• (2) Where a notice or copy of an order is required by this Act or any order or regulation made under this Act to be served on or given to the owner or to the occupier of any land or premises and the name of the owner or of the occupier cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him or her.

• (3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1999, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

• (4) Where a notice or copy of an order is served on or given to a person by affixing it under subsection (1)(d), a copy of the notice or order shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided.

• (5) A person who, at any time during the period of 12 weeks after a notice is affixed under subsection (1)(d), removes, damages or defaces the notice without lawful authority shall be guilty of an offence.

• (6) A person who, without lawful authority, removes, damages or defaces a notice required to be erected at the site of a development under the permission regulations or by the Board under section 142(4), shall be guilty of an offence.

• (7) Where the Minister or the Board is satisfied that reasonable grounds exist for dispensing with the serving or giving under this Act or under any order or regulation made under this Act of a notice or copy of an order and that dispensing with the serving or giving of the notice or copy will not cause injury or wrong, the Minister or the Board may dispense with the serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof.

• (8) A dispensation under subsection (7) may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent.

• (9) In this section, “notice” includes a warning letter.

251. Calculation of appropriate period and other time limits over holidays.

F1155[251.— F1156[(1)] F1157[Subject to subsection (2), where] calculating any appropriate period or other time limit referred to in this Act or in any regulations made under this Act, the period between the 24th day of December and the first day of January, both days inclusive, shall be disregarded.]

• F1156[(2) Subsection (1) shall not apply in relation to the calculation of a period referred to in section 34E, 34F, 34G, 34H, 37JB, 146BB or 295B.]

251A. F1158[Calculation of time limits during emergency

251A.—(1) Where calculating any appropriate period, specified period or other time limit referred to in the following Acts or provisions, or in any regulations made under those Acts or provisions, the period referred to in subsection (2) shall be disregarded:

• (a) sections 4(4), 6 and 17(6) of the Building Control Act 1990;

• (b) the Derelict Sites Act 1990;

• (c) this Act;

• (d) Part 2 of the Urban Regeneration and Housing Act 2015;

• (e) Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016.

• (2) The period to be disregarded under subsection (1) is the period beginning on the date section 9 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 comes into operation and, subject to subsection (6), ending on the date that shall be specified by order under subsection (3) or that may be specified by order under subsection (4).

• (3) Immediately following the coming into operation of section 9 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 the Government shall, at the request of the Minister made after consultation with the Minister for Health and with the consent of the Minister for Public Expenditure and Reform, by order specify the date on which the period to be disregarded under subsection (1) shall end.

• (4) The Government, at the request of the Minister made after consultation with the Minister for Health and with the consent of the Minister for Public Expenditure and Reform, may by order—

• (a) before the expiration of the period specified in the order under subsection (3), specify a date later than the date specified in that order on which the period to be disregarded under subsection (1) shall end, and

• (b) thereafter, from time to time, but before the expiration of the period specified in the order made under paragraph (a), or where an order has been previously made under this paragraph, before the expiration of the period specified in the last order so made, specify a date later than the date specified in that order, on which the period to be disregarded under subsection (1) shall end.

• (5) The Government, in deciding the date that shall be specified by order under subsection (3), or that may be specified by order under subsection (4), shall have regard to—

• (a) the nature and potential impact of Covid-19 on individuals, society and the State,

• (b) the capacity of the State to respond to the risk to public health posed by the spread of Covid-19,

• (c) the policies and objectives of the Government to protect the health and welfare of members of the public,

• (d) the need to mitigate the economic effects of the spread of Covid-19,

• (e) the need to ensure the effective operation of the planning system and provide, in the interest of the common good, for proper planning and sustainable development,

• (f) the need to ensure the effective operation of the building control system and to protect the health, safety and welfare of persons using buildings, and

• (g) the need to mitigate the likely impact of Covid-19 on the availability of the resources of the State to perform functions relating to the planning and building control systems.

• (6) The date that shall be specified by order under subsection (3), or that may be specified by order under subsection (4), as the date on which the period to be disregarded under subsection (1) shall end, shall be a date not later than the 9th day of November 2020.

• (7) In this section "Covid-19" means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations.]

252. Power of authorised person to enter on land.

252.—(1) An authorised person may, subject to the other provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m., or during business hours in respect of a premises which is normally open outside those hours, for any purpose connected with this Act.

• (2) An authorised person entering on land under this section may do all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, carry out inspections, make plans, take photographs, take levels, make excavations, and examine the depth and nature of the subsoil.

• (3) Before an authorised person enters under this section on any land, the appropriate authority shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier, as the case may be, not less than 14 days’ notice in writing of the intention to make the entry.

• (4) A person to whom a notice of intention to enter on land has been given under this section by the appropriate authority may, not later than 14 days after the giving of the notice, apply, on notice to the authority, to the judge of the District Court having jurisdiction in the district court district in which the land or part of the land is situated for an order prohibiting the entry, and, upon the hearing of the application, the judge may either wholly prohibit the entry or specify conditions to be observed by the person making the entry.

• (5) Where a judge of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a judge of the District Court specifies conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.

• (6)
• (a) Where (in the case of occupied land) the occupier or (in the case of unoccupied land) the owner refuses to permit the exercise of a power conferred by this section on an authorised person, the appropriate authority may apply to the District Court to approve of the entry.

• (b) An application under this subsection shall be made, on notice to the person who refused to permit the exercise of the power of entry, to the judge of the District Court having jurisdiction in the district court district in which the land or part of the land is situated.

• (7) Subsections (3), (4) and (5) shall not apply to entry for the purposes of Part III and, in a case in which any such entry is proposed, if the occupier (in the case of occupied land) or the owner (in the case of unoccupied land) refuses to permit the entry—

• (a) the entry shall not be effected unless it has been authorised by an order of the judge of the District Court having jurisdiction in the district court district in which the land or part of the land is situate and, in the case of occupied land, until after at least 24 hours’ notice of the intended entry, and of the object thereof, has been given to the occupier,

• (b) an application for such an order shall be made on notice (in the case of occupied land) to the occupier or (in the case of unoccupied land) to the owner.

• (8) An authorised person may, in the exercise of any power conferred on him or her by this Act, where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Act, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána of whom he or she makes such a request shall comply therewith.

• (9) Every person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence.

• (10) Every authorised person shall be furnished with a certificate of his or her appointment and when exercising any power conferred on him or her by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

• (11) In this section and section 253—

“appropriate authority” means—

• (a) in a case in which the authorised person was appointed by a local authority — that authority,

• (b) in a case in which the authorised person was appointed by the Minister — the Minister, and

• (c) in a case in which the authorised person was appointed by the Board — the Board;

“authorised person” means a member of the Board or a person who is appointed by a local authority, the Minister or the Board to be an authorised person for the purposes of this section and section 253.

253. Powers of entry in relation to enforcement.

253.—(1) Notwithstanding section 252, an authorised person may, for any purpose connected with Part VIII, at all reasonable times, or at any time if he or she has reasonable grounds for believing that an unauthorised development has been, is being or is likely to be carried out, F1159[enter a premises or on land] and bring thereon such other persons (including members of the Garda Síochána) or equipment as he or she may consider necessary for the purpose.

• (2) Subject to subsection (4), an authorised person shall not, other than with the consent of the occupier, enter into a private house under subsection (1) unless he or she has given to the occupier of the house not less than 24 hours’ notice in writing of his or her intended entry.

• (3) Whenever an authorised person F1159[enters a premises or on land] pursuant to subsection (1), the authorised person may exercise the powers set out in section 252(2) and, as appropriate, in addition—

• F1159[(a) require from an occupier of the premises or land or any person employed on the premises or land or any other person on the premises or land such information, or]

• (b) require the production of and inspect such records and documents, and take copies of or extracts from, or take away, if it is considered necessary for the purposes of inspection or examination, any such records or documents,

as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her by or under this Act.

• (4)
• (a) Where an authorised person in the exercise of his or her powers under subsection (1) is F1159[prevented from entering a premises or on land] or has reason to believe that evidence related to a suspected offence under this Act may be F1159[present in a premises or on land] and that the evidence may be removed therefrom or destroyed or that any particular structure may be damaged or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court for a warrant under this subsection authorising the entry F1159[by the authorised person in the premises or on the land].

• (b) If on application being made to him or her under this subsection, a judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been F1159[prevented from entering a premises or on land] or that the authorised person has reasonable grounds for believing the other matters referred to in paragraph (a), the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge considers it appropriate so to provide, by such number of members of the Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of the issue of the warrant, on production, if so requested, of the warrant, F1159[to enter the premises or on the land concerned, if need be by force] and exercise the powers referred to in subsection (3).

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

254.—(1) Subject to subsection (2), a person shall not erect, construct, place or maintain—

• (a) a vending machine,

• (b) a town or landscape map for indicating directions or places,

• (c) a hoarding, fence or scaffold,

• (d) an advertisement structure,

• (e) a cable, wire or pipeline,

• F1160[(ee) overground electronic communications infrastructure and any associated physical infrastructure,]

• (f) a telephone kiosk or pedestal, or

• (g) any other appliance, apparatus or structure, which may be prescribed as requiring a licence under this section,

on, under, over or along a public road save in accordance with a licence granted by a planning authority under this section.

• (2) This section shall not apply to the following—

• (a) an appliance, apparatus or structure which is authorised in accordance with a planning permission granted under Part III;

• (b) a temporary hoarding, fence or scaffold erected in accordance with a condition of planning permission granted under Part III;

• (c) the erection, construction, placing or maintenance under a public road of a cable, wire or pipeline by a statutory undertaker.

• (3) A person applying for a licence under this section shall furnish to the planning authority such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure as the authority may require.

• (4) A licence may be granted under this section by the planning authority for such period and upon such conditions as the authority may specify, including conditions in relation to location and design, and where in the opinion of the planning authority by reason of the increase or alteration of traffic on the road or of the widening of the road or of any improvement of or relating to the road, the appliance, apparatus or structure causes an obstruction or becomes dangerous, the authority may by notice in writing withdraw the licence and require the licensee to remove the appliance, apparatus or structure at his or her own expense.

• (5) In considering an application for a licence under this section a planning authority, or the Board on appeal, shall have regard to—

• (a) the proper planning and sustainable development of the area,

• (b) any relevant provisions of the development plan, or a local area plan,

• (c) the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, and

• (d) the convenience and safety of road users including pedestrians.

F1161[(5A)(a) Subject to this subsection, where in respect of an application for a licence to erect, construct, place or maintain overground electronic communications infrastructure and any associated physical infrastructure—

• (i) a planning authority fails to make a decision within a period of 4 months commencing on the date of receipt of an application, a decision (referred to in this subsection and in section 246(3)(c) as a "deemed decision to grant a licence") of the planning authority to grant the licence shall be deemed to have been made on the day following the expiration of that period of 4 months, and

• (ii) where a planning authority requests additional information from the applicant regarding the application and the planning authority has not made a decision within a period of 4 months of receiving the applicant’s response to the request, a deemed decision to grant a licence shall be deemed to have been made on the day following the expiration of that period of 4 months.

• (b) A deemed decision to grant a licence shall be subject to the condition that the network operator concerned, in advance of the commencement of the works to erect, construct, place or maintain electronic communications infrastructure or any associated physical infrastructure, shall inform—

• (i) the planning authority concerned,

• (ii) where planned work is on a national road, the National Roads Authority, and

• (iii) where planned work is on any regional or local road, the road authority in whose functional area the network operator proposes to carry out the work.

• (c) Where a planning authority refuses to grant a licence under this section, it shall state the main reasons for the refusal when notifying its decision to the applicant for the licence.

• (d) This section does not apply in respect of an application where, within 4 months of receipt of the application—

• (i) the planning authority serves notice on the applicant that for exceptional reasons stated in the notice it shall not decide on the application within a period of 4 months commencing on the date of receipt of the application, or

• (ii) the applicant gives to the planning authority in writing his or her consent, for stated reasons, to the extension of the period concerned for making a decision on the application, in which case the period for making the decision shall be extended for the period consented to by the applicant.]

• (6)
• (a) Any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under this section or to the conditions specified by the planning authority for such a licence, appeal to the Board.

• (b) Where an appeal under this section is allowed, the Board shall give such directions with respect to the withdrawing, granting or altering of a licence under this section as may be appropriate, and the planning authority shall comply therewith.

• (7) Development carried out in accordance with a licence under this section shall be exempted development for the purposes of this Act.

• (8) A person shall not be entitled solely by reason of a licence under this section to erect, construct, place or maintain on, under, over or along a public road any appliance, apparatus or structure.

• (9) Subject to subsection (10), any person who—

• (a) erects, constructs, places or maintains an appliance, apparatus or structure referred to in subsection (1) on, under, over or along any public road without having a licence under this section to do so,

• (b) erects, constructs, places or maintains such an appliance, apparatus or structure on, under, over or along any public road otherwise than in accordance with a licence under this section, or

• (c) contravenes any condition subject to which a licence has been granted to him or her under this section,

shall be guilty of an offence.

• (10)
• (a) A planning authority may, by virtue of this subsection, itself erect, construct, place or maintain, on, under, over or along a public road any appliance, apparatus or structure referred to in subsection (1), and it shall not be necessary for the planning authority to have a licence under this section.

• (b) Nothing in this subsection shall be construed as empowering a planning authority to hinder the reasonable use of a public road by the public or any person entitled to use it or as empowering a planning authority to create a nuisance to the owner or occupier of premises adjacent to the public road.

• (11) Where a planning authority is not the road authority for the purposes of national or regional roads in its area, it shall not grant a licence under this section in respect of any appliance, apparatus or structure on, under, over or along a national or regional road or erect, construct or place any appliance, apparatus or structure on, under, over or along a national or regional road except after consultation with the authority which is the road authority for those purposes.

255. Performance of functions by planning authorities.

255.—(1) A planning authority shall supply the Minister with such information relating to the performance of its functions as he or she may from time to time request.

• (2)
• (a) A planning authority shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and of the systems and procedures used by it in relation to its functions under this Act.

• (b) Where the Minister gives a direction under this subsection, the planning authority shall report to the Minister the results of the review conducted pursuant to the direction and shall comply with any directive which the Minister may, after consultation with the planning authority as regards those results, give in relation to all or any of the matters which were the subject of the review.

• (3) The Minister may appoint a person or body, not being the planning authority concerned, to carry out a review in accordance with subsection (2).

• (4) Without prejudice to the powers of the Minister under the Local Government Act, 1941, if the Minister has formed the opinion from information available to him or her that—

• (a) a planning authority may not be carrying out its functions in accordance with the requirements of or under this Act,

• (b) a planning authority is not in compliance with guidelines issued under section 28, a directive issued under section 29, or a direction issued under section 31,

• (c) there may be impropriety in the conduct of any of its functions by a planning authority, or

• (d) there are serious diseconomies or inefficiencies in the conduct of its functions by a planning authority,

he or she may, where he or she considers it necessary or appropriate, for stated reasons appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority under this Act and in doing so may distinguish between reserved functions and other functions.

• F1162[(4A) In subsection (4) "information available to him or her" includes any information or recommendation of the Office of the Planning Regulator having regard to—

• (a) a draft report under subsection (4) of section 31AS or, where the report has been finalised, in the report under subsection (6) of that section,

• (b) a draft report under subsection (3) of section 31AT or, where the report has been finalised, in the report under subsection (5) of that section,

• (c) a report on a preliminary examination under section 31AU, or

• (d) directions issued by the Minister on foot of recommendations from the Office under Chapter III of Part IIB.]

• (5) In considering whether it is necessary or expedient to appoint a commissioner under this section, the Minister may have regard to any loss of public confidence in the carrying out of its functions by the planning authority and the need to restore that confidence.

• (6) A commissioner appointed under this section shall be appointed in accordance with such terms and conditions and for such period as may be specified by the Minister.

• (7) A planning authority may on stated grounds based on the provisions of subsection (4), by resolution, request the Minister to appoint a commissioner to carry out all or any of the functions of the authority under this Act and the Minister shall have regard to any such request.

• (8) It shall be the duty of every member and every official of a planning authority to co-operate with any commissioner appointed under this section.

256. Amendment of Environmental Protection Agency Act, 1992.

256.—F1163[…]

257. Amendment of Waste Management Act, 1996.

257.—The Waste Management Act, 1996, is hereby amended in section 54—

• (a) by the substitution for subsection (3) of the following subsections:

• “(3) Notwithstanding section 34 of the Planning and Development Act, 2000, or any other provision of that Act, where a waste licence has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 of that Act in respect of any development comprising the activity or for the purposes of the activity, subject the permission to conditions which are for the purposes of—

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

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

• (3A) Where a waste licence has been granted under this Part or is or will be required in relation to an activity, a planning authority or An Bord Pleanála may, in respect of any development comprising the activity or for the purposes of the activity, decide to refuse a grant of permission under section 34 of the Planning and Development Act, 2000, where the authority or An Bord Pleanála considers that the development, notwithstanding the licensing of the activity under this Part, 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.

• (3B)

  • (a) Before making a decision in respect of a development comprising or for the purposes of an activity, a planning authority or An Bord Pleanála may request the 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 authority or the Board in relation to the development, including in relation to any environmental impact statement submitted.

  • (b) When making its decision, the authority or An Bord Pleanála, as the case may be, shall have regard to the observations, if any, received from the Agency within the period specified under paragraph (a).

• (3C) The planning authority or An Bord Pleanála may, at any time after the expiration of the period specified by the authority or An Bord Pleanála under subsection (3B)(a) for making observations, make its decision on the application or appeal.

• (3D) The Minister may make regulations making such incidental, consequential, or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of this section.

• (3E) Without prejudice to the generality of subsection (3D), regulations made under this section may provide for matters of procedure in relation to the request for or the making of observations from or by the Agency under this section and related matters.

• (3F) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under this Act.”,

• (b) in subsection (4), by the substitution for “Part IV of the Act of 1963” of “section 34 of the Planning and Development Act, 2000” in each place it occurs, and

• (c) in subsection (5), by the substitution for “the Local Government (Planning and Development) Acts, 1963 to 1993, and a condition attached to a permission granted under Part IV of the Act of 1963” of “the Planning and Development Act, 2000, and a condition attached to a permission under section 34 of that Act”.

258. Limitation on connection to sanitary authority sewers.

258.—F1164[…]

259. Limitation of section 53 of the Waterworks Clauses Act, 1847.

259.—F1165[…]

260. Saving for national monuments.

260.—Nothing in this Act shall restrict, prejudice, or affect the functions of the Minister for Arts, Heritage, Gaeltacht and the Islands under the National Monuments Acts, 1930 to 1994, in relation to national monuments as defined by those Acts or any particular monuments.

261. Control of quarries.

261.—(1) The owner or operator of a quarry to which this section applies shall, not later than one year from the coming into operation of this section, provide to the planning authority, in whose functional area the quarry is situated, information relating to the operation of the quarry at the commencement of this section, and on receipt of such information the planning authority shall, in accordance with section 7, enter it in the register.

• (2) Without prejudice to the generality of subsection (1), information provided under that subsection shall specify the following—

• (a) the area of the quarry, including the extracted area delineated on a map,

• (b) the material being extracted and processed (if at all),

• (c) the date when quarrying operations commenced on the land (where known),

• (d) the hours of the day during which the quarry is in operation,

• (e) the traffic generated by the operation of the quarry including the type and frequency of vehicles entering and leaving the quarry,

• (f) the levels of noise and dust generated by the operations in the quarry,

• (g) any material changes in the particulars referred to in paragraphs (a) to (f) during the period commencing on the commencement of this section and the date on which the information is provided,

• (h) whether—

• (i) planning permission under Part IV of the Act of 1963 was granted in respect of the quarry and if so, the conditions, if any, to which the permission is subject, or

• (ii) the operation of the quarry commenced before 1 October 1964,

and

• (i) such other matters in relation to the operations of the quarry as may be prescribed.

• (3) A planning authority may require a person who has submitted information in accordance with this section to submit such further information as it may specify, within such period as it may specify, relating to the operation of the quarry concerned and, on receipt thereof, the planning authority shall enter the information in the register.

• (4)
• (a) A planning authority shall, not later than 6 months from the registration of a quarry in accordance with this section, publish notice of the registration in one or more newspapers circulating in the area within which the quarry is situated.

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

• (i) that the quarry has been registered in accordance with this section,

• (ii) where planning permission has been granted in respect of the quarry, that it has been so granted and whether the planning authority is considering restating, modifying or adding to conditions attached to the planning permission in accordance with subsection (6)(a)(ii), or

• (iii) where planning permission has not been granted in respect of the quarry, that it has not been so granted and whether the planning authority is considering—

• (I) imposing conditions on the operation of the quarry in accordance with subsection (6)(a)(i), or

• (II) requiring the making of a planning application and the preparation of an environmental impact statement in respect of the quarry in accordance with subsection (7),

• (iv) the place or places and times at which the register may be inspected,

• (v) that submissions or observations regarding the operation of the quarry may be made to the planning authority within 4 weeks from the date of publication of the notice.

• (c) A notice under this subsection may relate to one or more quarries registered in accordance with this section.

• (5)
• (a) Where a planning authority proposes to—

• (i) impose, restate, modify or add to conditions on the operation of the quarry under this section, or

• (ii) require, under subsection (7), a planning application to be made and an environmental impact statement to be submitted in respect of the quarry in accordance with this section,

it shall, as soon as may be after the expiration of the period for making observations or submissions pursuant to a notice under subsection (4)(b), serve notice of its proposals on the owner or operator of the quarry.

• (b) A notice referred to in paragraph (a), shall state—

• (i) the reasons for the proposals, and

• (ii) that submissions or observations regarding the proposals may be made by the owner or operator of the quarry to the planning authority within such period as may be specified in the notice, being not less than 6 weeks from the service of the notice.

• (c) Submissions or observations made pursuant to a notice under paragraph (b) shall be taken into consideration by a planning authority when performing its functions under subsection (6) or (7).

• (6)
• (a) Not later than 2 years from the registration of a quarry under this section, a planning authority may, in the interests of proper planning and sustainable development, and having regard to the development plan and submissions or observations (if any) made pursuant to a notice under subsection (4) or (5)—

• (i) in relation to a quarry which commenced operation before 1 October 1964, impose conditions on the operation of that quarry, or

• (ii) in relation to a quarry in respect of which planning permission was granted under Part IV of the Act of 1963 restate, modify or add to conditions imposed on the operation of that quarry,

and the owner and operator of the quarry concerned shall as soon as may be thereafter be notified in writing thereof.

• F1167[(aa) Notwithstanding any other provisions of this Act, the operation of a quarry in respect of which the owner or operator fails to comply with conditions imposed under paragraph (a)(i) shall be unauthorised development.]

• F1168[(ab) Where substitute consent or permission under section 34 is granted in respect of the operation of a quarry on which conditions were imposed under paragraph (a)(i) prior to the granting of the substitute consent or permission concerned, those conditions shall cease to have effect.]

• F1169[(b) Where, in relation to a grant of planning permission conditions have been restated, modified or added in accordance with paragraph (a), the planning permission shall be deemed, for the purposes of this Act, to have been granted under section 34, on the date the conditions were restated, modified or added, and any condition so restated, modified or added shall have effect as if imposed under section 34.]

• (c) Notwithstanding paragraph (a), where an integrated pollution control licence has been granted in relation to a quarry, a planning authority or the Board on appeal shall not restate, modify, add to or impose conditions under this subsection relating to—

• (i) the control (including the prevention, limitation, elimination, abatement or reduction) of emissions from the quarry, or

• (ii) the control of emissions related to or following the cessation of the operation of the quarry.

• (7)
• (a) Where the continued operation of a quarry—

• (i) (I) the extracted area of which is greater than 5 hectares, or

• (II) that is situated on a European site or any other area prescribed for the purpose of section 10(2)(c), or land to which an order under section 15, 16 or 17 of the Wildlife Act, 1976, applies,

and

• (ii) that commenced operation before 1 October 1964,

would be likely to have significant effects on the environment (having regard to any selection criteria prescribed by the Minister under section 176(2)(e)), a planning authority shall not impose conditions on the operation of a quarry under subsection (6), but shall, not later than one year after the date of the registration of the quarry, require, by notice in writing, the owner or operator of the quarry to apply for planning permission and to submit an environmental impact statement to the planning authority not later than 6 months from the date of service of the notice, or such other period as may be agreed with the planning authority.

• (b) Section 172(1) shall not apply to development to which an application made pursuant to a requirement under paragraph (a) applies.

• (c) A planning authority, or the Board on appeal, shall, in considering an application for planning permission made pursuant to a requirement under paragraph (a), have regard to the existing use of the land as a quarry.

• F1167[(d) Notwithstanding any other provision of this Act, the continued operation of a quarry in respect of which a notification under paragraph (a) applies, unless a planning application in respect of the quarry is submitted to the planning authority within the period referred to in that paragraph, shall be unauthorised development.

• (e) Notwithstanding any other provision of this Act, the continued operation of a quarry in respect of which the owner or operator has been refused permission in respect of an application for permission made on foot of a notification under paragraph (a) shall be unauthorised development.

• (f) Notwithstanding any other provision of this Act, the continued operation of a quarry in respect of which the owner or operator fails to comply with conditions attached to a permission granted in respect of an application for permission made on foot of a notification under paragraph (a) shall be unauthorised development.]