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PLANNING AND DEVELOPMENT ACT, 2000

Type Act

Publication 2000-08-28

Last updated 2026-08-12

State Partially repealed

Text Latest available text

Source Irish Statute Book

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The official source publishes versions of this law that are not in its history (4)

2019-01-01 — The LRC catalogue's unannotated link for the 1 January 2019 Planning and Development Act 2000 is an unversioned URL that now serves a file with annotation blocks; no unannotated copy of that snapshot is published. (act_plain.pdf)
2019-03-10 — The LRC catalogue links this file as the unannotated 10 March 2019 Planning and Development Act 2000, but its body carries an annotation block (C97, physical page 149); no unannotated copy of that snapshot is published. (act_plain.pdf)
2020-06-30 — conflicting source texts at 2020-06-30 (act_plain.pdf)
2020-08-07 — conflicting source texts at 2020-06-30 (act_plain.pdf)

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

214 amending acts · 2026-08-12, revised-IE-2000-act-30@2026-08-12

Act to revise and consolidate the law relating to planning and development by repealing and re-enacting with amendments the Local Government (Planning and Development) Acts, 1963 to 1999; to provide, in the interests of the common good, for proper planning and sustainable development including the provision of housing; to provide for the licensing of events and control of funfairs; to extend the tenure of managers under the Local Government Act, 1991, and, for that and other purposes, to amend that Act; to amend the Environmental Protection Agency Act, 1992, the Roads Act, 1993, the Waste Management Act, 1996, and certain other enactments; and to provide for matters connected therewith

Reform history JSON API

(a) in subsection (1), by the substitution for “Where a toll scheme is approved by the Minister, a road authority may, with the consent of the Minister,” of “Where a toll scheme is adopted by a road authority, the road authority may”, and

(b) in subsection (3), by the deletion of “, with the consent of the Minister,”.

276. Amendment of section 65 of Roads Act, 1993.

276.—The Roads Act, 1993, is hereby amended in section 65 by the substitution for “section 57” of “section 58”.

277. Further amendment of Part V of Roads Act, 1993.

277.—Part V of the Roads Act, 1993, is hereby amended by the insertion after section 66 of the following sections—


“Ministerial policy directives on road tolling.	66A.—(1) The Minister may, from time to time, issue policy directives to road authorities regarding the exercise of any of their functions under Part V or any matter connected therewith and road authorities shall comply with any such directives.
	(2) The Minister may revoke or amend a policy directive issued under this section.
	(3) The Minister shall cause a copy of any policy directive issued under this section to be laid before each House of the Oireachtas.
	(4) A road authority shall make available for inspection by members of the public any policy directive issued to it under this section.
	(5) The Minister shall not issue a directive relating to a particular tolling scheme.
Continuance of existing schemes, bye-laws and agreements.	66B.—Notwithstanding this Part, every agreement entered into and every toll scheme or bye-law made by a road authority and in force immediately before the commencement of this section shall continue in force as if made or entered into under this Part as amended by the Planning and Development Act, 2000.
Transitional provisions regarding toll schemes.	66C.—Where, before the commencement of Part XX of the Planning and Development Act, 2000, any toll scheme, proposal to revoke a toll scheme or bye-law has been submitted to the Minister under Part V and the matter has not been determined by the Minister, the determination of the matter shall continue to rest with the Minister and Part V as amended by Part XX of the Planning and Development Act, 2000, shall not apply with respect to the matter..

F1184[PART XXI Maritime Development]

Chapter I Preliminary and General

278. F1185[Definitions

278.—In this Part, except where the context otherwise requires—

"development" means—

(a) the carrying out of any works in the maritime area, or

(b) the making of any material change in the use of the sea, seabed or any structure, in the maritime area,

and includes the reclamation of any land in the nearshore area;

"marine planning policy statement" has the meaning assigned to it by the Maritime Area Planning Act 2021;

"public body" means a body established by or under statute that, for the time being, stands prescribed for the purposes of this Part;

"Regulations of 2001" means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).]

278A. F1186[ Disapplication of Chapters II and III of Part XXI of Act of 2000

278A.—(1) Subject to subsection (2), Chapters II and III shall not apply to strategic infrastructure development in respect of which—

(a) development permission has not been granted, and

(b) the prospective applicant concerned has, on or before 1 October 2022, entered into consultations with the Board under section 37B.

(2) Subsection (1) shall only apply to strategic infrastructure development the subject of an application for permission for such development made to the Board, before 1 October 2024, under section 37E.]

279. F1187[Extension of functional area of coastal planning authority

279.—For the purposes of this Act but subject to section 308, the functional area of a coastal planning authority includes the nearshore area of that coastal planning authority, and in this Act references to functional area, administrative area or area of a planning authority shall be construed accordingly.]

279A. F1188[Maritime Area Regulatory Authority is prescribed body

279A.—The Maritime Area Regulatory Authority is, by virtue of this section, a prescribed body for the purposes of this Part and, accordingly, a reference in this Part to prescribed bodies shall include a reference to the Maritime Area Regulatory Authority.]

F1189[Chapter II Certain Development in Nearshore Area

280. Application of Chapter

280.—(1) Subject to subsection (2), this Chapter applies to development situated—

(a) wholly in the nearshore area of a coastal planning authority, or

(b) partly in the nearshore area of a coastal planning authority and partly on land.

(2) This Chapter does not apply to development—

(a) of a class specified in the Eighth Schedule (inserted by section 172 of the Maritime Area Planning Act 2021),

(b) in accordance with—

(i) a permission under Part III (whether or not granted before the repeal of Part XV) that, immediately before the repeal of Part XV, was required in accordance with section 225, F1190[…]

(ii) an approval under section 226 (whether or not granted before the repeal of Part XV),

(i) the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or

(ii) the deposit of any material in accordance with a consent referred to in section 13 of the Act of F1191[1933, or]]

F1192[(d) subject to subsection (3), on the commencement of section 249 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023—

(i) that was the subject of either—

(I) a lease made, on or after 1 October 2017, under section 2 of the Act of 1933 authorising the lessee to do, for the purposes of the development, one or more than one of the acts referred to in that section, or

(II) a licence granted, on or after 1 October 2017, under section 3 of the Act of 1933 authorising the licensee to do, for the purposes of the development, one or more than one of the acts referred to in that section,

(ii) for which permission under Part III was not required, and

(iii) that—

(I) has been completed,

(II) has commenced but has not been completed, or

(III) has not commenced.]

F1192[(3) Subsection (2) shall cease to apply to any development referred to in paragraph (d) of that subsection which has not been completed on or before the 5th anniversary of the date of commencement of section 249 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.]

281. F1193[Obligation to obtain permission to carry out development

281.—(1) Subject to this Act, permission shall be required for development (other than exempted development) to which this Chapter applies, and accordingly a person shall not carry out any such development except under and in accordance with a permission granted under section 34.

(2) Subject to section 283, a person shall not be eligible to make an application for permission to carry out development to which this Chapter applies, unless that person—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the 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 purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

(b) is the owner of land F1194[in the maritime area] on which it is proposed to carry out the development concerned,

(i) made 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, and

(ii) that contains a covenant, condition or agreement, to which subsection (4) of the said section 2 applies, requiring the lessee to carry out, on that maritime site, the proposed development concerned, or

(d) makes the application with the consent, or on behalf, of the owner of land F1194[in the maritime area] on which it is proposed to carry out the development concerned.

(3) An application for permission to carry out development to which this Chapter applies shall be made, under and in accordance with section 34, to the coastal planning authority within whose functional area that part of the nearshore area in which it is proposed to carry out the development is situated.]

282. F1195[Consideration by planning authority of application for permission for development

282.—(1) Subject to section 283, a planning authority shall neither consider an application for permission under section 34 for development to which this Chapter applies nor grant such permission, unless the applicant for such permission—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the 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 purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

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

(i) made 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, and

(ii) that contains a covenant, condition or agreement, to which subsection (4) of the said section 2 applies, requiring the lessee to carry out, on that maritime site, the proposed development concerned, or

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

(2) A coastal planning authority shall, in the performance of its functions under this section and section 34 in relation to a maritime application, have regard to—

(a) the National Marine Planning Framework and the National Planning Framework,

(b) the marine planning policy statement,

(d) guidelines issued under section 28,

(e) any regional, spatial and economic strategy of a regional assembly—

(i) within whose functional area it is proposed to carry out development to which the application relates, or

(ii) whose functional area adjoins the maritime site to which the application relates,

(f) the development plan of—

(i) the coastal planning authority within whose functional area it is proposed to carry out development to which the application relates, and

(ii) any coastal planning authority whose functional area adjoins the maritime site to which the application relates,

(g) any local area plan applicable to a part of the functional area of any coastal planning authority—

(i) within which it is proposed to carry out development to which the application relates, or

(ii) that adjoins the maritime site to which the application relates,

(h) any submissions or observations made by prescribed bodies or members of the public in relation to the application,

(i) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008¹⁹ establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) as amended by Commission Directive (EU) 2017/845 of 17 May 2017²⁰ , and any enactment or instrument under an enactment that gives effect thereto,

(j) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014²¹ establishing a framework for maritime spatial planning,

(k) objectives of maritime spatial planning, and

(l) principles of proper planning and sustainable development.

(3) In addition to any conditions that may be attached to a permission in accordance with subsection (4) or (5) of section 34, a coastal planning authority may, when granting permission under that section for development in the nearshore area, attach any or all of the following conditions to the permission:

(a) conditions requiring the carrying out of works for the preservation of any site of archaeological interest or any wreck within the meaning of the National Monuments (Amendment) Act 1987;

(b) conditions requiring the carrying out of such works as the coastal planning authority may specify for the purposes of the development;

(c) for the purpose of ensuring compliance with the terms of the maritime area consent granted for the occupation of the maritime site concerned, conditions regulating the development or use of any part of the maritime area that adjoins that maritime site;

(d) conditions requiring—

(i) the provision, protection or maintenance of access to the maritime area and land adjoining the maritime area by members of the public or members of a class of the public, or

(ii) the carrying out of works for the purpose of such provision, protection or maintenance;

(e) conditions aimed at protecting rights to navigate in the maritime area;

(f) conditions aimed at protecting rights to fish in the maritime area;

(g) conditions for, or in connection with—

(i) the protection of the marine environment (including the protection of fisheries),

(ii) the safety of navigation, or

(iii) the protection of underwater cables, wires, pipelines or other similar apparatus used for the purpose of—

(I) transmitting electricity or telecommunications signals, or

(II) carrying gas, petroleum, oil or water;

(h) conditions requiring the adoption of measures to reduce or prevent the emission of any noise or vibration from any structure or area comprised in the development concerned;

(i) conditions relating to the sequence of, and the times at which, works for the purposes of the development shall be carried out;

(j) conditions requiring, and relating to, the maintenance or management of the proposed development;

(k) conditions requiring the recovery and disposal, in such a manner as may be specified by the coastal planning authority, of construction and demolition waste;

(l) conditions requiring, and relating to—

(i) the removal of any structures authorised by the permission, or

(ii) the discontinuance of any activity so authorised,

upon the expiration of such period as the coastal planning authority may specify, and requiring, and relating to, the carrying out of any works necessary for the reinstatement of the site concerned upon such expiration;

(m) conditions requiring, and relating to, the provision to the coastal planning authority concerned, and maintenance, of adequate financial security for the purpose of ensuring the satisfactory completion of the proposed development;

(n) a condition requiring the person to whom the permission is granted to submit such information, as may be specified by the coastal planning authority, to the coastal planning authority or any other public body prior to commencement of the development concerned.

(4) Paragraph (a) of subsection (2) of section 34 shall not apply in relation to a maritime application.

(5) In this section "maritime application" means—

(a) an application to a coastal planning authority for permission for development wholly within the nearshore area of that coastal planning authority, or

(b) in relation to an application to a coastal planning authority for permission for development partly in the nearshore area of the coastal planning authority and partly on land, the part of the application that relates to permission for development in the said nearshore area.]

283.(1)—Where the Maritime Area Regulatory Authority grants a maritime area consent, the person who applied for that consent shall, notwithstanding the making by any other person of an application under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) for judicial review of the decision to grant that consent, be eligible to make an application under section 34 for permission for development to which this Chapter applies.

(2) Where a person makes an application in accordance with this Chapter for permission for development in circumstances to which subsection (1) applies, the coastal planning authority concerned shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it by and in accordance with this Chapter in relation to that application for permission as if no such application for judicial review had been made.

(3) Where an application for permission for development made in circumstances to which subsection (1) applies is refused by a coastal planning authority and the applicant for such permission appeals the refusal to the Board under section 37, the Board shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it under this Act in relation to the appeal concerned as if no such application for judicial review had been made.

(4) A permission granted under section 34 or 37 for development to which this Chapter applies in circumstances to which this section applies shall not come into effect unless and until—

(a) final judgment is given—

(i) in relation to the application for judicial review referred to in this section, and

(ii) upholding the grant of the maritime area consent concerned in respect of which that application was made,

(b) the application for judicial review referred to in this section is withdrawn.]

F1197[Chapter III Other Development in Maritime Area

284. Definitions

284.—In this Chapter—

"material alteration" means a requested alteration—

(a) that the Board determines, under subparagraph (i) of paragraph (a) of subsection (5) of section 297, is likely to have significant effects on the environment,

(b) in respect of which the Board determines, under subsection (4) of section 177U, that an appropriate assessment is required, or

(c) that the Board determines, under paragraph (b) of the said subsection (5), would otherwise constitute a material alteration of the terms of the permission concerned;

"prospective applicant" has the meaning assigned to it by section 287;

"reasoned conclusion" has the meaning assigned to it by the Environmental Impact Assessment Directive;

"requested alteration" means an alteration of the terms of a permission under section 293 specified in a request made in accordance with subsection (1) of section 297;

"requesting person" means a person who makes a request in accordance with subsection (1) of section 297.]

285. F1198[Application of Chapter

285.—(1) Subject to subsection (2), this Chapter applies to—

(a) development situated—

(i) wholly in the outer maritime area,

(ii) partly in the outer maritime area and partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

(iii) partly in the outer maritime area, partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,and partly on land, or

(iv) partly in the outer maritime area and partly on land,

(b) development situated—

(i) wholly in the nearshore areas of more than one coastal planning authority, F1199[…]

(ii) partly on land and partly in the nearshore areas of more than one coastal planning authority,

and

(i) wholly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

(ii) partly on land and partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority.

(2) This Chapter does not apply to development—

(a) in accordance with—

(i) a permission under Part III (whether or not granted before the repeal of Part XV) that, immediately before the repeal of Part XV, was required in accordance with section 225, or

(ii) an approval under section 226 (whether or not granted before the repeal of Part XV),

(b) consisting of—

(i) the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or

(ii) the deposit of any material in accordance with a consent referred to in section 13 of the Act of F1200[1933, or]]

F1201[(c) subject to subsection (3), on the commencement of section 251 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023—

(i) that was the subject of either—

(I) a lease made, on or after 1 October 2017, under section 2 of the Act of 1933 authorising the lessee to do, for the purposes of the development, one or more than one of the acts referred to in that section, or

(II) a license granted, on or after 1 October 2017, under section 3 of the Act of 1933 authorising the licensee to do, for the purposes of the development, one or more than one of the acts referred to in that section,

(ii) for which permission under Part III was not required, and

(iii) that—

(I) has been completed,

(II) has commenced but has not been completed, or

(III) has not commenced.]

F1201[(3) Subsection (2) shall cease to apply to any development referred to in paragraph (c) of that subsection which has not been completed on or before the 5th anniversary of the date of commencement of section 251 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.

(4)
(a) Where subsection (2) applies to any development referred to in paragraph (c) of that subsection and the development is the subject of a lease referred to in subparagraph (i)(I) of that paragraph, the provisions of section 2 of the Act of 1933 relevant to the lease shall be deemed to apply to the carrying out of the development.

(b) Where subsection (2) applies to any development referred to in paragraph (c) of that subsection and the development is the subject of a licence referred to in subparagraph (i)(II) of that paragraph, the provisions of section 3 of the Act of 1933 relevant to the licence shall be deemed to apply to the carrying out of the development.

(i) an environmental impact assessment,

(ii) an appropriate assessment,

(iii) both an environmental impact assessment and an appropriate assessment,

to be carried out, subsection (2) shall not apply to the development unless the assessment was, or those assessments were, as the case may be, carried out before, as appropriate, the making of the lease or the granting of the licence concerned.]

286. F1202[Obligation to obtain permission to carry out development

286.—(1) Subject to this Act, permission shall be required for development (other than exempted development) to which this Chapter applies, and accordingly a person shall not carry out any such development except under and in accordance with a permission granted under section 293.

(2) An application for permission to carry out development to which this Chapter applies shall be made to the Board under section 291.

(3) Subject to F1203[sections 287(4) and 304], a person shall not be eligible to apply for permission to carry out development to which this Chapter applies unless that person—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the 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 purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

(b) is the owner of land F1204[in the maritime area] on which it is proposed to carry out the development concerned,

(i) made 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, and

(ii) that contains a covenant, condition or agreement, to which subsection (4) of the said section 2 applies, requiring the lessee to carry out, on that maritime site, the proposed development concerned, or

(d) makes the application with the consent, or on behalf, of the owner of land F1204[in the maritime area] on which it is proposed to carry out the development concerned.

(4) Subject to section 304, the Board shall neither consider an application under section 291 for permission for development to which this Chapter applies nor grant such permission, unless the applicant for such permission—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the 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 purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

(b) is the owner of land F1204[in the maritime area] on which it is proposed to carry out the development concerned,

(c) is the lessee, under 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, or

(d) makes the application with the consent, or on behalf, of the owner of land F1204[in the maritime area] on which it is proposed to carry out the development concerned.]

287. F1205[Consultation with Board prior to application for permission

287.—(1) F1206[Subject to subsection (4), a person] (in this Chapter referred to as a "prospective applicant") who—

(a) having regard to subsection (3) of section 286, is eligible to apply for permission to carry out development to which this Chapter applies, and

(b) proposes to make an application under section 291 for such permission,

shall, before making the application, consult with the Board in relation thereto.

(2) The Board may, upon being consulted by a prospective applicant in accordance with subsection (1), provide its opinion to the prospective applicant regarding the making of the application concerned and, in particular, as respects—

(a) the procedures to be followed by the prospective applicant when making the application and by the Board when considering the application,

(b) the documents required to accompany the application,

(c) the need for the prospective applicant to create an internet website for the purpose of publishing the application and all documentation accompanying the application,

(d) the publication of notices in accordance with this Act, the furnishing of documentation to persons referred to in subsection (3) of section 291 and the making of submissions and observations in relation to an application under that section,

(e) such persons as may be prescribed for the purposes of this Chapter,

(f) some or all of the matters that the Board is likely to take into consideration relating to—

(i) the National Marine Planning Framework,

(ii) objectives of maritime spatial planning,

(iii) principles of proper planning and sustainable development, and

(iv) the environment or any European site,

when making a decision under section 293 in relation to the application,

(g) the fees payable to the Board in relation to the making of the application, and

(h) compliance by the prospective applicant with any direction of the Board under subsection (3) of section 291.

(3) The Board may, at any time, conclude a consultation under this section where it considers it appropriate to so do.]

F1207[(4)
(a) Subject to paragraph (b), a prospective applicant for permission to carry out development consisting of port infrastructure to facilitate the deployment, maintenance or operation of offshore renewable energy infrastructure may consult with the Board in accordance with subsection (1) notwithstanding that the prospective applicant is not the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of such proposed development.

(b) Paragraph (a) shall not be construed to entitle the prospective applicant referred to in that paragraph to make an application under section 291 for permission for the development referred to in that paragraph without being the holder of the maritime area consent referred to in that paragraph.]

287A. F1208[Application for opinion under section 287B

287A.—(1) A prospective applicant who proposes to make an application under section 291 may, before making such an application, request a meeting with the Board for the purpose of section 287B as part of consultations referred to in section 287(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 maritime area in 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) 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 or 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 this section.

(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

287B. F1209[Opinion of Board as to flexibility with regard to application for permission

287B.—(1) The Board shall, as soon as practicable after a meeting convened under section 287A(3) takes place, consider—

(a) the information included in the request for the meeting under section 287A, 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 as proposed by the prospective applicant that may be confirmed after the proposed application has been made or 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);

(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 or the Maritime Area Planning Act 2021, be accompanied by the information referred to in section 287A(2)(f).

(5) A meeting held, and any opinion issued for the purposes of this section shall be part of consultations held under section 287.

(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 291.

(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.]

287C. F1210[Offence of taking payment etc.

287C.—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 under section 287B commits an offence.]

288. F1211[Provision supplementing section 287

288.—(1) A prospective applicant shall, for the purpose of consulting with the Board in accordance with section 287—

(a) provide the Board with such information as the Board may require for the purpose of enabling the Board to assess the proposed development concerned, and

(b) in the case of proposed development of a class to which Part 2 of Schedule 5 to the Regulations of 2001 applies, provide the Board with such information (where not already provided) in relation to the proposed development as is specified in Schedule 7A to those Regulations.

(2) The performance by the Board of functions under section 287 shall not—

(a) prejudice the performance by it of any of its other functions in relation to the prospective applicant, proposed application or proposed development concerned, or

(b) be relied on by any person—

(i) in relation to an application or request under this Chapter,

(ii) in relation to—

(I) the consideration by the Board of such application or request, or

(II) the making of a decision under this Chapter in respect of such application or request,

(iii) in proceedings before a court relating to, or in connection with, such application, request, consideration or decision.

(3) The Board shall keep a record in writing of every consultation conducted in accordance with section 287, and each such record shall identify the persons who participated in the consultation.

(4) A copy of a record referred to in subsection (3) shall be placed and kept with all documentation relating to the application for permission concerned.

(5) The Board may consult with any person who, in the opinion of the Board, is likely to be in possession of information that might have a bearing on matters to which the consultation relating to the proposed development concerned applies.]

289. F1212[Screening for environmental impact assessment in respect of proposed development

289.—(1) Section 176A shall apply to proposed development to which this Chapter applies as if—

(a) references to a planning authority, the planning authority (other than in subparagraph (i) of paragraph (b) of subsection (4)) or the authority were construed as references to the Board,

(b) the following subsection was inserted:

"(1B) The Board shall not consider an application under this section in respect of proposed development to which Chapter III of Part XXI applies, unless the applicant—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the 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 purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

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

(i) made 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, and

(ii) that contains a covenant, condition or agreement, to which subsection (4) of the said section 2 applies, requiring the lessee to carry out, on that maritime site, the proposed development concerned, or

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

(d) the words "in whose area the development would be situated" in paragraph (b) of subsection (2) were deleted.

(2) Section 176B shall apply to proposed development to which this Chapter applies as if—

(a) references to a planning authority, the planning authority or the authority were construed as references to the Board,

F1213[(aa) the following subsection were inserted after subsection (2A) of section 176B:

“(2B) Where the proposed development is to reinforce grid infrastructure referred to in Article 15e(5) of the Renewable Energy Directive, or is repowering development, to which Chapter III of Part XXI applies, screening for environmental impact assessment in relation to the proposed development shall be limited to the potential impact of the proposed development arising from the change or extension compared to the original development.”.]

(b) paragraph (ii) of subsection (4) was deleted, and

(i) the following paragraph was substituted for paragraph (b) of subsection (5):

"(b) in a national newspaper.",

and

(ii) paragraph (i) was deleted.

(3) Section 176C shall not apply to proposed development to which this Chapter applies.]

290. F1214[Opinion of Board on information to be contained in environmental impact assessment report

290.—(1) A prospective applicant may, F1215[or, in the case of an application for renewable energy development or repowering development, shall] in relation to proposed development to which this Chapter applies, request the Board to give to him or her an opinion in writing on the scope of the information and the extent of detail that should be set out in an environmental impact assessment report.

(2) Upon receipt by the Board of a request referred to in subsection (1), the Board shall—

(a) consult with the prospective applicant and such other persons as may be prescribed for the purpose of this section, and

(b) after considering the information provided to the Board by the prospective applicant, in particular in relation to—

(i) the specific characteristics of the proposed development, including its location and technical capacity (within the meaning of paragraph 2 of Article 5 of the Environmental Impact Assessment Directive), and

(ii) the likely effects of the proposed development on the environment,

comply with the request as soon as is practicable.

(3) A prospective applicant shall give the Board such information in relation to the proposed development as the Board may reasonably require for the purpose of enabling it to comply with subsection (2).

(4) An environmental impact assessment report shall—

(a) take account of an opinion provided to the applicant concerned in accordance with this section, and

(b) contain such information (including such information as is specified in the said opinion) as is reasonably necessary to enable the Board to come to a reasoned conclusion with regard to the likely effects of the proposed development concerned on the environment.

F1215[(4A) Where the proposed development referred to in subsection (1) is renewable energy development or repowering development, and an opinion is given under this section, An Coimisiún Pleanála shall not subsequently extend the scope of the information and the extent of the detail that should be set out in the environmental impact assessment report.]

(5) The provision of an opinion under this section shall not prejudice the performance by the Board of any of its functions under this Act.

(6) An opinion provided under this section may not be relied upon in relation to the making of an application under this Chapter or the bringing of any proceedings before a court.]

291. F1216[Application to Board

291.—(1) An application for permission for development to which this Chapter applies shall be made to the Board, and shall—

(a) be accompanied by—

(i) the prescribed fee, and

(ii) such information, plans and drawings as may be prescribed,

(b) if required by the Board, be accompanied by either—

(i) an environmental impact assessment report, or

(ii) the information in relation to the proposed development specified in Schedule 7A to the Regulations of 2001,

and

(i) a Natura impact statement, or

(ii) a screening statement for appropriate assessment in relation to the proposed development.

(2) The Board may refuse to consider an application under this section where it is of the opinion that—

(a) the application,

(b) the environmental impact assessment report or the information specified in Schedule 7A to the Regulations of 2001 in relation to environmental impact assessment, as the case may be, or

is inadequate or incomplete having regard, in particular, to the permission regulations or other regulations under this Act.

(3) A person shall, before applying for permission for development under this section—

(a) publish a notice in at least one national newspaper and such other newspapers (if any) as the Board may specify—

(i) stating—

(I) the nature and location of the proposed development,

(II) that the person proposes to make an application to the Board for permission for the proposed development,

(III) where applicable, that an environmental impact assessment report has been prepared in respect of the proposed development,

(IV) where applicable, that a Natura impact statement has been prepared in respect of the proposed development,

(V) where applicable, that the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention,

(VI) that—

(A) a copy of the application,

(B) a copy of any such environmental impact assessment report, and

has been published on the internet website created by him or her for the purpose of the application, and may be inspected free of charge or purchased on payment of such fee (which shall not be more than the reasonable cost of making such copy or copies) as may be specified in the notice at such times and places and during such period (which shall not be less than eight weeks) as is specified in the F1217[notice, and]

F1218[(VII) where applicable, that the application is subject to section 295A,]

(ii) inviting the making, during the period referred to in clause (VI) of subparagraph (i), of submissions and observations to the Board relating to—

(I) the implications of the proposed development for maritime spatial planning,

(II) the implications of the proposed development for proper planning and sustainable development, and

(III) the likely effects on the environment or any European site of the proposed development,

if carried out, and

(iii) specifying the types of decision that the Board is permitted to make under section 293 in relation to the application,

(b) if directed by the Board, send—

(i) a prescribed number of copies of the application,

(ii) a copy of any environmental impact assessment report, and

(iii) a copy of any Natura impact statement,

to each of the following:

(I) the Environmental Protection Agency;

(II) the Minister;

(III) the Minister for Agriculture, Food and the Marine;

(IV) the Minister for the Environment, Climate and Communications;

(V) any coastal planning authority within—

(A) whose nearshore area, or

(B) any other part of whose functional area,

it is proposed that the development would (in whole or in part) be situated;

(VI) any coastal planning authority—

(A) whose nearshore area, or

(B) any other part of whose functional area,

adjoins that part of the maritime area in which it is proposed that the development would (in whole or in part) be situated,

(i) a prescribed number of copies of the application,

(ii) a copy of any environmental impact assessment report,

(iii) a copy of any Natura impact statement, and

(iv) a notice stating that submissions or observations may, during the period referred to in clause (VI) of subparagraph (i) of paragraph (a), be made in writing to the Board in relation to—

(I) the implications of the proposed development for maritime spatial planning,

(II) the implications of the proposed development for proper planning and sustainable development, and

(III) the likely effects on the environment or any European site of the proposed development,

and

(d) if directed by the Board, in the case of proposed development that is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention, send to each such Member State or state—

(i) such number of copies of the application as may be prescribed,

(ii) a copy of any environmental impact assessment report, and

(iii) a notice stating that submissions or observations may, during the period referred to in clause (VI) of subparagraph (i) of paragraph (a), be made in writing to the Board in relation to—

(I) the implications of the proposed development for maritime spatial planning,

(II) the implications of the proposed development for proper planning and sustainable development, and

(III) the likely effects on the environment of the proposed development.

(4) A coastal planning authority—

(a) within—

(i) whose nearshore area, or

(ii) any other part of whose functional area,

it is proposed that the development concerned would (in whole or in part) be situated, or

(b) whose nearshore area, or any other part of whose functional area, adjoins that part of the maritime area in which it is proposed that the development concerned would (in whole or in part) be situated,

may, not later than 10 weeks (or such longer period as may be specified by the Board) from the making of the application under this section in respect of the proposed development, prepare and submit to the Board a report setting out the views of the coastal planning authority in relation to the proposed development, having regard in particular to the matters to which a coastal planning authority is required to have regard in accordance with subsection (2) of section 34 and subsection (2) of section 282 in relation to an application referred to in subsection (3) of section 281.

(5) The Board may, in addition to a report referred to in subsection (4), require a coastal planning authority to which that subsection applies or any planning authority on whose functional area the proposed development is, in the opinion of the Board, likely to have a significant effect to furnish to the Board such information as the Board may specify in relation to—

(a) the implications of the proposed development for maritime spatial planning,

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

(6) The chief executive of a coastal planning authority shall, before that coastal planning authority submits a report to the Board under subsection (4) in relation to a proposed development, submit the report to the members of the coastal planning authority and request their views on the proposed development.

(7) The members of a coastal planning authority may, by resolution, decide to attach recommendations specified in the resolution to the report of the coastal planning authority under subsection (4) and, where those members so decide—

(a) those recommendations, and

(b) a record prepared by the meetings administrator (within the meaning of section 46 of the Local Government Act 2001) of the views expressed by the members on the proposed development,

shall be attached to the report submitted to the Board under that subsection.]

292. F1219[Provision supplementing section 291

292.—(1) The Board may, before making a decision under section 293 in respect of an application under section 291—

(a) require the applicant to submit, within such period as the Board may specify, such further information (which may include a revised environmental impact assessment report or Natura impact statement) as the Board may specify,

(b) inform the applicant that it is considering granting such permission, subject to the applicant’s submitting such revised particulars, plans or drawings in relation to the development as the Board may specify,

(i) the applicant for permission,

(ii) any person who made submissions or observations in relation to the application, or

(iii) any other person who, in the opinion of the Board, is likely to have information that might have a bearing on the consideration by the Board of the application,

(d) without prejudice to subsections (2) and (3)—

(i) make any information relating to the application available for inspection by members of the public at its offices during normal office hours,

(ii) notify (in such manner as it considers appropriate) any person or the public that the information is being made so available, and

(iii) invite further submissions or observations in relation to the application to be made to it within such period as it may specify.

(2) Where, in accordance with a requirement under paragraph (a) of subsection (1), an applicant submits a revised environmental impact assessment report, revised Natura impact statement, further information or revised particulars, plans or drawings to the Board that, in the opinion of the Board, contains or contain significant additional information on the effects of the proposed development on the environment or a European site, the Board shall—

(a) make any such revised report or statement, information, particulars, plans or drawings available for inspection by members of the public at its offices during normal office hours,

(b) publish in such manner as it considers appropriate a notice informing the public that any such report, statement, information, particulars, plans or drawings are being so made available, and

(c) invite further submissions or observations in relation to the application to be made to it within such period as it may specify.

(3) The Board may, before making a decision under section 293 in respect of an application under section 291, invite—

(a) the Maritime Area Regulatory Authority,

(b) any coastal planning authority to whom copies of the application for permission concerned were sent in accordance with a direction under paragraph (b) of subsection (3) of section 291,

(d) the Minister,

(e) the Minister for Agriculture, Food and the Marine, or

(f) the Minister for the Environment, Climate and Communications,

to make submissions or observations in relation to the application within such period (which shall not be less than 3 weeks from the date of the invitation) as may be specified by the Board.

(4) When making a decision under section 293 in respect of an application under section 291, the Board shall have regard to any submissions or observations made in accordance with an invitation under subsection (1), (2) or (3).

(5) The Board may, at any time after the expiration of the period within which submissions or observations may be made pursuant to—

(a) a notice or an invitation in a notice under section 291, or

(b) an invitation under this section,

whichever occurs later, make a decision under section 293 in relation to the application.

(6)
(a) The making of submissions or observations by the Maritime Area Regulatory Authority under this section shall not prejudice the performance by it of any of its other functions.

(b) The making of submissions or observations by a coastal planning authority under this section shall not prejudice the performance by it of any of its other functions.

(c) The making of submissions or observations by the Environmental Protection Agency under this section shall not prejudice the performance by it of any of its other functions.

(d) The making of submissions or observations by the Minister, the Minister for Agriculture, Food and the Marine or the Minister for the Environment, Climate and Communications under this section shall not prejudice the performance by that Minister of the Government of any of his or her other functions.

(7) Where an applicant for permission under this Chapter fails or refuses to comply with paragraph (a) of subsection (1), the application concerned is deemed to have been withdrawn.]

293. F1220[Decision by Board in respect of application under section 291

293.—(1) When making a decision in respect of an application under section 291, the Board may consider—

(a) any information before it that it considers relevant to the application, and

(b) any other matter to which, by virtue of this Act, it is permitted to have regard.

(2)
(a) Subject to paragraph (b), the Board shall not grant a permission under this section that would materially contravene the National Marine Planning Framework or a maritime spatial plan.

(b) The Board may grant a permission under this section that would materially contravene the National Marine Planning Framework or a maritime spatial plan if it is satisfied that—

(i) the proposed development is of strategic, economic or social importance to the State, and

(ii) the National Marine Planning Framework or the maritime spatial plan, as the case may be, contains objectives that conflict with one another or that are ambiguous with regard to their application to the proposed development.

(3) Without prejudice to the generality of subsection (1), the Board shall, in the making of a decision in relation to an application under section 291, have regard to—

(a) the marine planning policy statement,

(b) guidelines issued under section 7 of the Maritime Area Planning Act 2021,

(d) any regional, spatial and economic strategy of a regional assembly—

(i) within whose functional area it is proposed to carry out development to which the application relates, or

(ii) whose functional area adjoins the maritime site to which the application relates,

(e) the development plan of any coastal planning authority—

(i) within whose functional area it is proposed to carry out development to which the application relates, or

(ii) whose functional area adjoins the maritime site to which the application relates,

(f) any local area plan applicable to a part of the functional area of any coastal planning authority—

(i) within which it is proposed to carry out development to which the application relates, or

(ii) that adjoins the maritime site to which the application relates,

(g) any submissions or observations made in relation to the application for permission concerned—

(i) by prescribed bodies,

(ii) by members of the public, or

(iii) pursuant to and in accordance with a notice referred to in paragraph (c) or (d) of subsection (3) of section 291,

(h) any—

(i) environmental impact assessment report,

(ii) information specified in Schedule 7A of the Regulations of 2001,

(iii) Natura impact statement, or

(iv) screening statement in relation to appropriate assessment in respect of the proposed development,

accompanying the application for permission,

(i) the likely effects of the proposed development on the environment or any European site,

(j) any submissions or observations from—

(i) the Maritime Area Regulatory Authority,

(ii) the Environmental Protection Agency,

(iii) the Minister,

(iv) the Minister for Agriculture, Food and the Marine,

(v) the Minister for the Environment, Climate and Communications, or

(vi) a coastal planning authority—

(I) within whose functional area it is proposed to carry out development to which the application relates, or

(II) whose functional area adjoins the maritime site to which the application relates,

(k) any report prepared or recommendation made in relation to the application for permission in accordance with section 146,

(l) any recommendation or record referred to in subsection (7) of section 291 in relation to the application for permission,

(m) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008²² , and any enactment or instrument under an enactment that gives effect thereto,

(n) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014²³ ,

(o) objectives of maritime spatial planning, and

(p) principles of proper planning and sustainable development.

(4) The Board may, in respect of an application for permission under section 291—

(a) grant the permission subject to such modifications (if any) to the proposed development as it may specify,

(b) grant the permission in respect of part of the proposed development concerned subject to such modifications (if any) to that part as it may specify, or

and the Board may attach such conditions to a permission granted under paragraph (a) or (b) as it considers appropriate.

F1221[(4A) Where the Board grants permission for a development on foot of an application in respect of which the Board has given an opinion under section 287B(2), the permission shall include 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 of the development to fall within specified options, parameters or a combination of options and parameters, and

(b) the applicant to notify the Board 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.]

(5) Where the Board decides to grant permission under this section for development that consists, or is for the purpose, of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not attach conditions to that permission that would be for the purpose of—

(a) controlling, preventing or limiting emissions resulting from the activity, or

(b) controlling emissions related to, or consequential on, the cessation of the activity.

(6) The Board may refuse permission for proposed development that consists, or is for the purpose, of an activity for which—

(a) a licence under Part IV of the Environmental Protection Agency Act 1992 , or

(b) an authorisation under the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007),

is required (whether or not such licence or authorisation has been granted), if it is satisfied that the proposed development would not be consistent with objectives of maritime spatial planning or principles of proper planning and sustainable development.

(7) Without prejudice to the generality of subsection (4), the Board may attach any one or more of the following conditions to a permission for development under this section:

(a) conditions requiring the carrying out of works for the preservation of any site of archaeological interest or any wreck within the meaning of the National Monuments (Amendment) Act 1987;

(b) conditions requiring the carrying out of such works as the Board may specify for the purposes of the development;

(c) for the purpose of ensuring compliance with the terms of the maritime area consent granted for the occupation of the maritime site concerned, conditions regulating the development or use of any part of the maritime area that adjoins that maritime site;

(d) conditions requiring—

(i) the provision, protection or maintenance of access to the maritime area and land adjoining the maritime area by members of the public or members of a class of the public, or

(ii) the carrying out of works for the purpose of such provision, protection or maintenance;

(e) conditions aimed at protecting rights to navigate in the maritime area;

(f) conditions aimed at protecting rights to fish in the maritime area;

(g) conditions for or in connection with—

(i) the protection of the marine environment (including the protection of fisheries),

(ii) the safety of navigation, or(iii) the protection of underwater cables, wires, pipelines or other similar apparatus used for the purpose of—

(I) transmitting electricity or telecommunications signals, or

(II) carrying gas, petroleum, oil or water;

(h) conditions requiring the adoption of measures to reduce or prevent the emission of any noise or vibration from any structure or area comprised in the development authorised by the permission;

(i) conditions relating to the sequence of, and the times at which, works for the purposes of the development may be carried out;

(j) conditions requiring, and relating to, the maintenance or management of the proposed development;

(k) conditions requiring the recovery or disposal of construction and demolition waste in such manner as may be specified by the Board;

(l) conditions requiring, and relating to—

(i) the removal of any structures authorised by the permission, or

(ii) the discontinuance of any activity so authorised,

upon the expiration of such period as the Board may specify, and requiring, and relating to, the carrying out of any works necessary for the reinstatement of the site concerned upon such expiration;

(m) a condition requiring the applicant to submit such information, as may be specified by the Board, to—

(i) the Maritime Area Regulatory Authority,

(ii) such coastal planning authority as may be specified by the Board, or

(iii) any such other public body as may be specified by the Board,

prior to commencement of the development concerned;

(n) a condition requiring—

(i) the construction, or the financing (in whole or in part) of the construction, of a facility that, in the opinion of the Board, would provide a substantial gain to the community, or

(ii) the provision, or the financing (in whole or in part) of the provision, of a service that, in the opinion of the Board, would provide such a gain,

in the area in which it is proposed to carry out the development;

(o) conditions requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the functional area of any coastal planning authority in which the development concerned is (in whole or in part) proposed to be situated; and

(p) any condition that may be attached to a permission in accordance with subsection (4) of section 34.

(8) A condition attached to a permission in accordance with paragraph (n) of subsection (7) shall not require such an amount of financial resources to be committed for the purposes of compliance with the condition as would substantially deprive the person in whose favour the permission operates of the benefits likely to accrue from the grant of the permission.

(9)
(a) Without prejudice to the generality of subsection (4), the Board may, in addition to any condition attached (in accordance with subsection (7)) to a permission for development proposed to be situated in the nearshore area of a coastal planning authority, attach to that permission a condition that the person who carries out the development agree matters of detail with the coastal planning authority and the Board relating to compliance with the permission, and if agreement cannot be reached in relation to any such matter by that person with the coastal planning authority and the Board within such period as may be specified in the condition, the Board shall determine the matter.

(b) Without prejudice to the generality of subsection (4), the Board may, in addition to any condition attached (in accordance with subsection (7)) to a permission for development proposed to be situated in the outer maritime area, attach to that permission a condition that the person who carries out the development agree matters of detail with the Board relating to compliance with the permission, and if agreement cannot be reached in relation to any such matter by that person with the Board within such period as may be specified in the condition, the Board shall determine the matter.]

294. F1222[Provision supplementing section 293

294.—(1) The Board shall send a copy of a decision under section 293 to—

(a) the applicant for permission,

(b) the Maritime Area Regulatory Authority,

(i) within whose functional area it is proposed to carry out the development concerned, or

(ii) whose functional area adjoins the maritime site in which it is proposed to carry out the development concerned,

and

(d) any person, Member State of the European Union or other state that made submissions or observations in relation to the application for permission,

and the said copy shall be accompanied by a document containing a statement of the matters referred to in subsection (3).

(2)
(a) The Board shall, as soon as may be, cause to be published on its internet website and in at least one national newspaper a notice informing the public of a decision under section 293.

(b) The notice referred to in paragraph (a) shall state that a person may, in accordance with section 50, question the validity of any such decision by 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).

(c) The notice referred to in paragraph (a) shall specify where information relating to the making of an application referred to in paragraph (b) may be obtained.

(3) The document referred to in subsection (1) shall—

(a) state the main reasons and considerations on which the decision is based,

(b) where conditions are imposed in relation to the grant of any permission, state the reasons for the imposition of any such conditions,

(c) in the case of a decision (whether to grant or refuse permission) of the Board that conflicts with a recommendation in a report under section 146 in relation to the application for permission, state the reasons for not following that recommendation,

(d) in the case of a permission to which the Board (after having considered an environmental impact assessment report or Natura impact statement) has, for environmental reasons, attached a condition that conflicts with a recommendation in a report under section 146 in relation to the application for permission, state the reason for not following that recommendation,

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