PLANNING AND DEVELOPMENT ACT, 2000

• (e) in relation to the grant or refusal of any permission, state that the Board is satisfied that the reasoned conclusion regarding the effects on the environment of the development concerned was up to date at the time of the decision,

• (f) state the sum payable by the applicant to the Board for the purpose of contributing to the cost to the Board of—

• (i) its consulting with the applicant under section 287,

• (ii) its acceding to a request by the applicant for an opinion under section 290, and

• (iii) its performing functions under section 293 in relation to the application under section 291,

and

• (g) state the sum payable by the applicant to—

• (i) the Maritime Area Regulatory Authority,

• (ii) any coastal planning authority, or

• (iii) any other person,

for the purpose of contributing to the cost incurred as a result of the performance of functions in relation to the application by any or all of the foregoing.

• (4) A copy of a decision referred to in subsection (1) shall contain—

• (a) a summary of—

• (i) the outcome of any consultation that took place in relation to the application concerned, and

• (ii) the manner in which the matters (if any) agreed during such consultation were taken account of in the decision or otherwise addressed,

• (b) a summary of the information collected during the carrying out of an environmental impact assessment in relation to the application, and

• (c) a summary of any submissions or observations of a Member State of the European Union or a state that is a party to the Transboundary Convention in relation to the application.

• (5) The cost to the Board referred to in paragraph (f) of subsection (3) is the cost incurred by the Board less the prescribed fee (referred to in paragraph (a) of subsection (1) of section 291), or any part thereof, paid to the Board by or on behalf of the applicant.

• (6) A permission granted under section 293 shall not come into effect unless and until all sums referred to in paragraphs (f) and (g) of subsection (3) payable by the applicant have been paid.

• (7) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a statement referred to in paragraph (f) of subsection (3), the Board may recover the sum as a simple contract debt in any court of competent jurisdiction.

• (8) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a statement referred to in paragraph (g) of subsection (3), the Maritime Area Regulatory Authority, the coastal planning authority concerned or any other person to whom the sum is owed, as the case may be, may recover the sum as a simple contract debt in any court of competent jurisdiction.

• (9) A person shall not be entitled to carry out development to which this Chapter applies solely by reason of a grant of permission under section 293.]

295. F1223[Period within which decision under section 293 to be made

295.—(1) Subject to this section F1224[and sections 295A and 295B], a decision under section 293 in relation to an application under section 291 shall be made not later than—

• (a) 18 weeks from—

• (i) the expiration of the period referred to in clause (VI) of subparagraph (i) of paragraph (a) of subsection (3) of section 291,

• (ii) the day on which the Board receives further information from the applicant for permission pursuant to a requirement under paragraph (a) of subsection (1) of section 292, or

• (iii) the conclusion of an oral hearing in relation to the application for permission concerned in accordance with section 305,

whichever occurs latest, or

• (b) the expiration of such other period as the Minister may prescribe either generally or with respect to any particular class of application.

• (2) F1225[Subject to sections 295A and 295B, where] the Board is of the opinion that it would not be possible or appropriate, by reason of the existence of special circumstances in relation to the application concerned, for the Board to comply with subsection (1), the Board shall, by notice in writing served on—

• (a) the applicant for permission,

• (b) the Maritime Area Regulatory Authority,

• (c) any planning 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 other person who made submissions or observations in relation to the application before the expiration of the period within which those submissions or observations were required to be made pursuant to—

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

• (ii) an invitation under section 292,

state the reason for that opinion and specify the date by which the Board intends to make a decision under section 293 in relation to the application, and the Board shall make all such efforts as are reasonably necessary or expedient to ensure that it makes the decision by that date.

• (3) Where the Minister considers it necessary or expedient that decisions under section 293, in relation to applications under section 291 of a particular class or classes, be determined as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development, by reason of its or their being of special strategic, economic or social importance to the State, he or she may give a direction to the Board to give priority to the making of such decisions, and the Board shall comply with any such direction.

• (4) The Board shall, in each report made under section 118, include—

• (a) a statement of the number of decisions under section 293 that it has made in compliance with a direction under subsection (3) during the year to which the report relates, and

• (b) such other information as the Minister may direct relating to the time within which such decisions were made.]

295A. F1226[ Acknowledgement of completeness of certain applications under section 291

295A.—Where an application for permission for renewable energy development or repowering development is made to An Coimisiún Pleanála under section 291, An Coimisiún Pleanála shall, within 45 days of the receipt of the application —

• (a) where it is satisfied that the application includes all the information required to process the application, acknowledge the completeness of the application by notice in writing to the applicant, or

• (b) where it is not so satisfied, by notice in writing to the applicant request the applicant to submit a complete application without undue delay.]

295B. F1227[ Supplementary provisions in relation to period within which decision under section 293 to be made

295B.—(1) Subject to subsection (3), where an application for permission for renewable energy development or repowering development is made to An Coimisiún Pleanála under section 291, and the period for making a decision under subsection (1) or (2) of section 295 would expire after the expiry of the relevant period referred to in subsection (2), a decision in relation to the application shall be made before the expiry of the relevant period.

• (2) The relevant period referred to in subsection (1) is —

• (a) in the case of renewable energy development with an electrical capacity of 150kW or more, 65 weeks from the date of the notice referred to in section 295A(a), or

• (b) in the case of renewable energy development with an electrical capacity of less than 150kW or repowering development, 52 weeks from the date of the notice referred to in section 295A(a).

• (3) Where An Coimisiún Pleanála considers that permission should nevertheless be given for the development for imperative reasons of overriding public interest in accordance with section 177AA, a decision in relation to the application shall be made before the expiry of —

• (a) in the case of renewable energy development with an electrical capacity of 150kW or more, 3 years from the date of the notice referred to in section 295A(a), or

• (b) in the case of renewable energy development with an electrical capacity of less than 150kW or repowering development, 2 years from the date of the notice referred to in section 295A(a).]

296. F1228[Discussions with Board prior to application for alteration of development in maritime area

296.—(1) A person who intends to make a request under section 297 may, before making that request, apply to the Board for the Board’s consent to the person’s consulting with the Board in relation to the intended request.

• (2) The Board may, in any consultation with a person in relation to an intended request under section 297, advise the person in relation to—

• (a) the making of the request, and

• (b) the considerations with regard to—

• (i) objectives of maritime spatial planning,

• (ii) principles of proper planning and sustainable development, and

• (iii) the protection of the environment or any European site,

that are likely to have a bearing on its decision in relation to the request.

• (3) The Board shall prepare and maintain a record in writing of each consultation to which this section applies.

• (4) The performance by the Board of functions under this section shall not—

• (a) prejudice the performance by it of any of its other functions in relation to the requesting person, requested alteration or development concerned, or

• (b) be relied on by any person in relation to an application or request under this Chapter or in proceedings before a court relating to such application or request.]

297. F1229[Request for alteration of terms of permission to which this Chapter applies

297.—(1) A person who has commenced or intends to commence development in the maritime area in accordance with a permission under section 293 may make a request (other than a request to extend the period for which such a permission shall have effect) to the Board to alter the terms of a permission under section 293.

• (2)
• (a) A request under subsection (1) shall—

• (i) be accompanied by—

• (I) a document in writing specifying the particulars of the requested alteration,

• (II) such plans or drawings relating to the requested alteration as the Board may specify,

• (III) such other information (if any) as the Board may specify in the course of any consultation under section 296 relating to the requested alteration, and

• (IV) such fee as may be prescribed,

• (ii) if required by the Board, be accompanied by the information specified in Schedule 7A to the Regulations of 2001 in relation to the requested alteration,

• (iii) if required by the Board, be accompanied by an environmental impact assessment report prepared in respect of the requested alteration, and

• (iv) if required by the Board, be accompanied by a Natura impact statement prepared in respect of the requested alteration.

• (b) A requesting person may submit any one or more of the following documents with a request under subsection (1):

• (i) the information specified in Schedule 7A to the Regulations of 2001 in relation to the requested alteration even if not the subject of a requirement to which subparagraph (ii) of paragraph (a) applies;

• (ii) such information as the requesting person considers the Board might require to enable it to carry out a screening for appropriate assessment in respect of the requested alteration in accordance with section 177U,

• (iii) an environmental impact assessment report prepared in respect of the requested alteration even if not the subject of a requirement to which subparagraph (iii) of paragraph (a) applies;

• (iv) a Natura impact statement prepared in respect of the requested alteration even if not the subject of a requirement to which subparagraph (iv) of paragraph (a) applies.

• (3) A requesting person shall provide the Board with such information (additional to any information provided in accordance with subsection (2)) as the Board may reasonably require for the purposes of its functions under this section.

• (4) The Board may, for the purposes of its making a determination under subsection (5), invite such persons, or persons belonging to such class or classes (including the public) of persons, as the Board considers appropriate, to make observations and submissions in relation to the requested alteration concerned, and the Board shall, in the performance of its functions under that subsection, have regard to any such observations or submissions.

• (5)
• (a) The Board shall, not later than eight weeks after it has received the relevant materials—

• (i) determine whether or not the requested alteration is likely to have significant effects on the environment, and

• (ii) make a determination under subsection (4) or (5) of section 177U in relation to the requested alteration.

• (b) Where the Board—

• (i) determines under subparagraph (i) of paragraph (a) that the requested alteration is not likely to have significant effects on the environment, and

• (ii) makes a determination under subsection (5) of section 177U in relation to the requested alteration,

it shall forthwith determine whether or not the requested alteration would otherwise constitute a material alteration of the terms of the permission concerned.

• (c) A determination under subparagraph (i) of paragraph (b) or referred to in subparagraph (ii) of that paragraph, and the reasons therefor, shall be published by the Board on its internet website as soon as practicable after the making of such determination.

• (d) In this subsection "relevant materials" means—

• (i) the requested alteration,

• (ii) the document referred to in clause (I) of subparagraph (i) of paragraph (a) of subsection (2),

• (iii) plans or drawings referred to in clause (II) of that subparagraph,

• (iv) any information referred to in clause (III) of that subparagraph,

• (v) any information, report or statement that was the subject of a requirement referred to in subparagraph (ii), (iii) or (iv) of the said paragraph (a),

• (vi) any document submitted in accordance with paragraph (b) of subsection (2), and

• (vii) in relation to the performance by the Board of its functions under, or referred to in, paragraph (a) or (b) of this subsection, any submissions or observations made pursuant to an invitation under subsection (4).

• (6)
• (a) Where a requested alteration is a material alteration by virtue of a determination of the Board under subparagraph (i) of paragraph (a) of subsection (5) that the requested alteration is likely to have significant effects on the environment, the Board shall publish that determination and the reasons therefor on its internet website as soon as practicable after the making of the determination and, by notice in writing—

• (i) inform the requesting person that the requested alteration is a material alteration, and of the reasons therefor, and

• (ii) require the requesting person to prepare, and submit to the Board (if not already submitted), an environmental impact assessment report in relation to the requested alteration in accordance with section 301.

• (b) Where a requested alteration is a material alteration by virtue of a determination of the Board under subsection (4) of section 177U, the Board shall publish that determination and the reasons therefor on its internet website as soon as practicable after the making of the determination and, by notice in writing—

• (i) inform the requesting person that the requested alteration is a material alteration, and of the reasons therefor, and

• (ii) require the requesting person to prepare, and submit to the Board (if not already submitted), a Natura impact statement in relation to the requested alteration in accordance with Part XAB.

• (c) Where a requested alteration is a material alteration by virtue of a determination of the Board under paragraph (b) of subsection (5), the Board shall, by notice in writing, inform the requesting person that the requested alteration is a material alteration, and of the reasons therefor.

• (7) A requesting person shall comply with a requirement under paragraph (a) or (b) of subsection (6) within such period as may be specified in the notice under that paragraph.

• (8) If a requesting person fails or refuses to comply with subsection (7), his or her request under subsection (1) is deemed to have been withdrawn.]

298. F1230[Alteration, other than material alteration, of terms of permission

298.—Where the Board makes a determination under paragraph (b) of subsection (5) of section 297 that a requested alteration would not constitute a material alteration of the terms of a permission, it shall—

• (a) make the requested alteration,

• (b) publish a notice of the making of the requested alteration in at least one national newspaper and on its internet website, and

• (c) notify each of the following in writing of the making of the requested alteration:

• (i) the requesting person;

• (ii) the Maritime Area Regulatory Authority;

• (iii) any planning authority—

• (I) within whose functional area it is proposed that the development to which the permission concerned relates would be situated, or

• (II) whose functional area adjoins the maritime site in which it is proposed that the development to which the permission concerned relates would be situated;

and

• (iv) each person who made submissions or observations in relation to the requested alteration in accordance with an invitation under subsection (4) of section 297.]

299. F1231[Material alteration of terms of permission

299.—(1) The Board may, in relation to a requested alteration that is a material alteration—

• (a) make the requested alteration of the terms of the permission concerned,

• (b) make the requested alteration of the terms of the permission concerned subject to such modifications as the Board considers appropriate, or

• (c) refuse to make the requested alteration,

in this section referred to as a "decision".

• (2) The Board shall, in the performance of its functions under subsection (1), have regard to—

• (a) any environmental impact assessment report submitted to the Board under paragraph (a) of subsection (1) of section 302 and any subsequent reasoned conclusion of the Board, relating to the requested alteration concerned, and any submissions or observations made in relation thereto in accordance with a notice under paragraph (c), (d) or (e) of that subsection,

• (b) any Natura impact statement submitted to the Board under paragraph (a) of subsection (2) of section 302 and any subsequent determination under section 177V, relating to the requested alteration concerned, and any submissions or observations made in relation thereto in accordance with a notice under paragraph (c) or (d) of that subsection,

• (c) the National Marine Planning Framework,

• (d) the National Planning Framework,

• (e) the marine planning policy statement,

• (f) 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 requested alteration relates, or

• (ii) whose functional area adjoins the maritime site to which the requested alteration relates,

• (g) the development plan of any coastal planning authority—

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

• (ii) whose functional area adjoins the maritime site to which the requested alteration relates,

• (h) 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 requested alteration relates, or

• (ii) that adjoins the maritime site to which the requested alteration relates,

• (i) any social or economic benefit that would likely accrue to the State or a part of the State by virtue of the requested alteration,

• (j) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014²⁴ ,

• (k) objectives of maritime spatial planning,

• (l) principles of proper planning and sustainable development,

• (m) contractual commitments entered into by the requesting person in relation to the development concerned,

• (n) the extent to which the development has already been advanced (if at all) in accordance with the permission granted in respect thereof under section 293, and

• (o) relevant materials within the meaning of subsection (5) of section 297.

• (3) The Board may attach conditions to an alteration under this section of the terms of a permission under section 293.

• (4)
• (a) The Board shall, as soon as may be after compliance by the requesting person with section 302 but not before the expiration of the period specified in the notice referred to in paragraph (c) of subsection (1) of that section, make a decision under this section in respect of a requested alteration that it has determined under subparagraph (i) of paragraph (a) of subsection (5) of section 297 is likely to have significant effects on the environment.

• (b) The Board shall, as soon as may be after compliance by the requesting person with section 302 but not before the expiration of the period specified in the notice referred to in paragraph (c) of subsection (2) of that section, make a decision under this section in respect of a requested alteration to which a determination under subsection (4) of section 177U applies.

• (c) The Board shall, as soon as may be after—

• (i) it has been provided with information in accordance with section 297, or

• (ii) it has been provided with information in accordance with a requirement under subsection (5),

whichever occurs later, make a decision under this section in respect of a requested alteration that it has determined under paragraph (b) of subsection (5) of section 297 would constitute a material alteration of the terms of the permission concerned.

• (5) A requesting person shall provide the Board with such information (additional to any information provided in accordance with section 297) as the Board may reasonably require for the purposes of its functions under this section.

• (6) Where the Board makes a decision under this section, it shall—

• (a) publish—

• (i) in at least one national newspaper, and

• (ii) on its internet website,

a notice of the decision,

• (b) make the decision available for inspection at its offices during normal office hours,

• (c) in circumstances where the requesting person was required under subsection (6) of section 297 to prepare an environmental impact assessment report in relation to the requested alteration, inform—

• (i) the persons to whom copies of that report were sent in accordance with paragraph (d) of subsection (1) of section 302, of the decision, and

• (ii) any Member State of the European Union and any other state to which that report was sent in accordance with paragraph (e) of subsection (1) of section 302, of the decision,

and

• (d) in circumstances where the requesting person was required under subsection (6) of section 297 to prepare a Natura impact statement in relation to the requested alteration, inform the persons to whom copies of that statement were sent in accordance with paragraph (c) of subsection (2) of section 302, of the decision.

• (7) A decision under this section shall—

• (a) state the main reasons for the decision, and

• (b) where the decision does not follow a recommendation in relation to the requested alteration made in a report prepared in accordance with section 146, state the reasons for not following that recommendation.

• (8) The Board may attach such conditions (if any) as it considers appropriate to the alteration of the terms of a permission made under this section, and where it so attaches a condition to such alteration—

• (a) for reasons resulting from a consideration by the Board of an environmental impact assessment report or a Natura impact statement, or

• (b) that is not consistent with a recommendation in such statement or in a report prepared in accordance with section 146,

the decision under paragraph (a) or (b) of subsection (1) shall state the reasons for attaching that condition.]

300. F1232[Request for opinion of Board with regard to environmental impact assessment

300.—(1) The Board shall, on the request of—

• (a) a person who has commenced or intends to commence development in the maritime area in accordance with a permission under section 293, or

• (b) a requesting person of whom a requirement under paragraph (a) of subsection (6) of section 297 is made,

give such person or requesting person its opinion on the scope and content of an environmental impact assessment report in relation—

• (i) in the case of a person to whom paragraph (a) applies, to an alteration of the terms of a permission under section 293 in respect of which he or she proposes to make a request under subsection (1) of section 297, or

• (ii) in the case of such requesting person, to a requested alteration.

• (2) A requesting person shall give the Board such information in relation to the requested alteration as the Board may reasonably require for the purpose of enabling it to comply with subsection (1).]

301. F1233[ Environmental impact assessment report in accordance with requirement under section 297

301.—An environmental impact assessment report prepared in accordance with a requirement under subsection (6) of section 297 shall—

• (a) contain such information (if any) as is required under this Act to be included in an environmental impact assessment report,

• (b) contain the information specified in paragraph 1 of Article 5 of the Environmental Impact Assessment Directive,

• (c) contain a summary of the information referred to in paragraphs (a) and (b) expressed in language that could reasonably be considered to be easily comprehensible to an ordinary member of the public, and

• (d) take account of any opinion given by the Board under section 300 pursuant to a request made under that section by the person by, or on whose behalf, the report is prepared.]

302. F1234[Submission and notification of environmental impact assessment report and Natura impact statement

302.—(1) The requesting person shall, as soon as may be after preparing an environmental impact assessment report in accordance with a requirement under subsection (6) of section 297—

• (a) submit to the Board—

• (i) such number of copies, as the Board may specify, of the report in paper form, and a copy of the report in electronic form, and

• (ii) a copy of the notice—

• (I) published in accordance with paragraph (c), or

• (II) that he or she proposes to publish in accordance with paragraph (c), accompanied by particulars of the date on which he or she proposes to so publish the notice,

• (b) submit a copy of the confirmation notice relating to that report to the Board,

• (c) publish a notice, in the prescribed form, on his or her internet website and in at least one national newspaper stating—

• (i) that an environmental impact assessment report has been submitted to the Board in relation to the requested alteration,

• (ii) the times at which, the period (which shall not be less than 30 days) during which and the place or places at which a copy of the environmental impact assessment report may be inspected by members of the public,

• (iii) that a copy of the environmental impact assessment report may be purchased on payment of such fee (not exceeding the reasonable cost of making such copy) as may be specified in the notice, and

• (iv) that submissions or observations in relation to the likely effects on the environment of the requested alteration may be made in writing to the Board before the expiration of such period (which shall not be less than 30 days after the notice is first published in accordance with this paragraph) as is specified in the notice,

• (d) send a copy of the environmental impact assessment report to—

• (i) the Environmental Protection Agency,

• (ii) any planning authority—

• (I) within whose functional area it is proposed that the development would be situated, or

• (II) whose functional area adjoins the maritime site in which it is proposed that the development would be situated,

and

• (iii) each person who made submissions or observations in relation to the requested alteration in accordance with an invitation under section 297,

and a notice in the prescribed form to each of the foregoing stating that—

• (A) that report has been submitted to the Board, and

• (B) submissions or observations may be made in writing to the Board, in relation to the likely effects on the environment of the requested alteration, within the period (for the making of submissions and observations) specified in the notice published under paragraph (c) in respect of the requested alteration,

and

• (e) if the Board informs the requesting person that it is of the opinion that the requested alteration is likely to have significant effects on the environment of a Member State of the European Union or another state that is a party to the Transboundary Convention, send a copy of the environmental impact assessment report and a notice in the prescribed form stating—

• (i) that that report has been submitted to the Board, and

• (ii) submissions or observations may be made in writing to the Board, in relation to the likely effects on the environment of the requested alteration, within the period (for the making of submissions and observations) specified in the notice published under paragraph (c) in respect of the requested alteration,

to that Member State or other state, as the case may be.

• (2) The requesting person shall, as soon as may be after preparing a Natura impact statement in accordance with a requirement under subsection (6) of section 297—

• (a) submit to the Board—

• (i) a copy of the statement in paper form and a copy of the statement in electronic form, and

• (ii) a copy of the notice—

• (I) published in accordance with paragraph (c), or

• (II) that he or she proposes to publish in accordance with paragraph (c), accompanied by particulars of the date on which he or she proposes to so publish the notice,

• (b) publish a notice in the prescribed form in at least one national newspaper stating—

• (i) that a Natura impact statement has been submitted to the Board in relation to the requested alteration,

• (ii) the times at which, the period (which shall not be less than 30 days) during which and the place or places at which a copy of the Natura impact statement may be inspected by members of the public,

• (iii) that a copy of the Natura impact statement may be purchased on payment of such fee (not exceeding the reasonable cost of making such copy) as may be specified in the notice, and

• (iv) that submissions or observations in relation to the likely effects on the environment or any European site of the requested alteration may be made in writing to the Board before the expiration of such period (which shall not be less than 30 days after the notice is first published in accordance with this paragraph) as is specified in the notice,

and

• (c) send a copy of that statement to—

• (i) the Environmental Protection Agency,

• (ii) any planning authority—

• (I) within whose functional area it is proposed that the development would be situated, or

• (II) whose functional area adjoins the maritime site in which it is proposed that the development would be situated,

and

• (iii) each person who made submissions or observations in relation to the requested alteration in accordance with an invitation under section 297,

and a notice in the prescribed form to each of the foregoing stating that—

• (A) that statement has been submitted to the Board in relation to the requested alteration, and

• (B) submissions or observations may, within the period (for the making of submissions and observations) specified in the notice published under paragraph (b) in respect of the requested alteration, be made in writing to the Board in relation to the likely effects on the environment or any European site of the requested alteration.]

303. F1235[Application of section 177AA to request for material alteration of terms of permission

303.—Section 177AA shall apply to a requested alteration as if—

• (a) references to applicant were references to requesting person, and

• (b) references to applicant for consent for proposed development were references to requesting person.]

304. F1236[Effect of bringing of judicial review of maritime area consent on application for permission

304.—(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 a decision to grant that consent, be eligible to make an application in accordance with this Chapter for permission for development in accordance with that consent.

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

• (3) A permission for development granted under this Chapter 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,

or

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

305. F1237[Oral hearings

305.—(1) The Board may at its discretion hold an oral hearing of an application under section 291 or a request under section 297.

• (2) An applicant under section 291 or requesting person under section 297 or any person who makes a submission or observation pursuant to a notice or an invitation under section 291, 292, 297 or 302 may make a request in writing for an oral hearing of the application or request, as the case may be.

• (3) A request under this section shall be accompanied by such fee (if any) as the Board may specify, and the Board shall not consider a request under this section that is not accompanied by a fee so specified.

• (4) The Board shall not consider a request for an oral hearing made—

• (a) in the case of a request made by an applicant under section 291, later than the expiration of—

• (i) the period referred to in clause (VI) of subparagraph (i) of paragraph (a) of subsection (3) of section 291, or

• (ii) the period within which submissions and observations are required to be made pursuant to an invitation under section 292,

whichever occurs later,

• (b) in the case of a request made by a requesting person under section 297, later than the expiration of the period within which submissions and observations are required to be made pursuant to a notice or an invitation under section 302,

• (c) in the case of a request made by a person who made submissions or observations in respect of an application under section 291 pursuant to a notice under subsection (3) of that section, later than the expiration of the period referred to in clause (VI) of subparagraph (i) of paragraph (a) of that subsection,

• (d) in the case of a request made by a person who made submissions or observations in respect of an application under section 291 pursuant to an invitation under section 292, later than the expiration of the period within which such submissions and observations are required to be made, and

• (e) in the case of a request made by a person who made submissions or observations in respect of a request under section 297 pursuant to a notice or an invitation under section 302, later than the expiration of the period within which such submissions and observations are required to be made.

• (5) Where the Board refuses a request made in accordance with this section, it shall, by notice in writing, inform the following persons thereof:

• (a) in the case of a request made in respect of an application under section 291, the person who made that application and all persons who made submissions or observations in relation to that application in accordance with this Chapter; and

• (b) in the case of a request made in respect of a request under section 297, the person who made the second-mentioned request and all persons who made submissions or observations in relation to the second-mentioned request in accordance with this Chapter.

• (6) Where a request under this section is withdrawn by the person who made the request, the Board shall, by notice in writing, inform the following persons thereof:

• (a) in the case of a request made by an applicant under section 291, all persons who made observations or submissions to the Board in relation to the application concerned in accordance with this Chapter;

• (b) in the case of a request made by a requesting person under section 297, all persons who made observations or submissions to the Board in relation to the request under that section in accordance with this Chapter;

• (c) in the case of a request made by a person who made submissions or observations in respect of an application under section 291, the person who made that application; and

• (d) in the case of a request made by a person who made submissions or observations in respect of a request under section 297, the person who made the second-mentioned request.]

306. F1238[Regulations

306.—(1) The Minister may make regulations for the purposes of this Part.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to any one or more of the following:

• (a) the conduct of a consultation under section 287;

• (b) the giving of an opinion under section 290;

• (c) the making of an application under section 291 F1239[(including applications accompanied by an opinion under section 287B(2))];

• (d) the making of a decision under section 293;

• (e) oral hearings under section 305;

• (f) the publication of documentation in relation to applications under section 291; and

• (g) the making of submissions and observations in accordance with section 291 or 292.]

F1240[Chapter IV Manner of Application of Certain Provisions to Maritime Area

307. Definition

307.—In this Chapter "maritime development" means—

• (a) development situated wholly within the maritime area, or

• (b) in relation to development situated partly in the maritime area and partly on land, the part of the development that is situated in the maritime area.]

308. F1241[ Disapplication of certain provisions of Act in relation to maritime area

308.—(1) The following provisions shall not apply in relation to the maritime area, and accordingly references in those provisions to functional area, administrative area or area of a planning authority or local authority shall not include references to the nearshore area of a coastal planning authority:

• (a) Parts II (other than sections 28, 29 and 30), IIA, IV, V, IX, XIII and XVI; and

• (b) sections 37A, 37B, 37C, 37D, 37E, 37F, 37G, 37H, 37I, 37J, 37K, 37L, 37M, 37N, 37O, 37P, 37Q, 37R, 37S, 261, 261A and 266.

• (2) Subject to subsection (2) of section 282 and subsection (3) of section 293, a requirement under this Act to—

• (a) comply (howsoever expressed) with a development plan, local area plan or regional spatial and economic strategy, or

• (b) act in accordance with, consider, have regard to or otherwise take account of (howsoever expressed) any such plan or strategy in the performance of any function under this Act,

shall not apply in relation to the maritime area.

• (3) Part XII shall not apply to that part of the maritime area that does not consist of land covered by coastal water.]

309. F1242[Construction of references to land

309.—(1) The relevant provisions shall apply to—

• (a) maritime development,

• (b) proposed maritime development, and

• (c) the maritime area,

as if references to land or the land were references to a maritime site.

• (2) References in a relevant provision to occupier shall, in so far as that provision applies to a maritime site, be construed as including references to the holder of a maritime area consent granted for the occupation of that maritime site for the purposes of maritime development.

• (3) References in a relevant provision (other than section 182) to owner shall, in so far as that provision applies to a maritime site, not include references to a Minister of the Government in whom the maritime site vests by virtue of section 5 of the Act of 1954.

• (4) Section 37 shall apply to a decision under section 34 in respect of an application for permission for development to which Chapter II applies as if references to land in subsection (6) included references to a maritime site.

• (5) The reference in paragraph (b) of subsection (2) of section 43 to land shall be construed as including a reference to a maritime site.

• (6) A power conferred on a local authority by a relevant provision (by virtue of the operation of this section) to compulsorily acquire a maritime site shall not apply to a maritime site that vests in a Minister of the Government by virtue of section 5 of the Act of 1954.

• (7) In this section—

"Act of 1954" means the State Property Act 1954; and

"relevant provision" means a provision of this Act specified in Part 1 of the Ninth Schedule (inserted by section 173 of the Maritime Area Planning Act 2021).]

310. F1243[Construction of references to proper planning and sustainable development

310.—(1) Subject to section 308, this Act (other than this Part and paragraph (b) of subsection (1) of section 31Q) shall apply to—

• (a) maritime development,

• (b) proposed maritime development, and

• (c) the maritime area,

as if references to proper planning and sustainable development were references to maritime spatial planning.

• (2) Subject to section 308, this Act (other than this Part and paragraph (c) of subsection (3) of section 179) shall apply to—

• (a) maritime development,

• (b) proposed maritime development, and

• (c) the maritime area,

as if references to principles of proper planning and sustainable development were references to objectives of maritime spatial planning.]

311. F1244[Construction of references to National Planning Framework

311.—(1) Subject to section 308, this Act (other than this Part, section 178A, subsection (18) of section 12, subsection (14) of section 13 and paragraph (c) of subsection (3) of section 179) shall apply to—

• (a) maritime development,

• (b) proposed maritime development, and

• (c) the maritime area,

as if references to the National Planning Framework were references to the National Marine Planning Framework.]

312. F1245[Construction of references to development plan

312.—(1) The relevant provisions shall apply to—

• (a) maritime development,

• (b) proposed maritime development, and

• (c) the maritime area,

as if references to a development plan or the development plan were references to the National Marine Planning Framework.

• (2) In this section "relevant provision" means a provision of this Act specified in Part II of the Ninth Schedule (inserted by section 173 of the Maritime Area Planning Act 2021).]

313. F1246[Construction of references to planning authority

313.—(1) The relevant provisions shall apply to the outer maritime area as if references to a planning authority, the planning authority, relevant planning authority or planning authorities were references to the Maritime Area Regulatory Authority.

• (2) The relevant provisions shall apply to the outer maritime area as if references to a local authority, the local authority, relevant local authority or local authorities were references to the Maritime Area Regulatory Authority.

• (3) In this section "relevant provision" means a provision of this Act specified in Part III of the Ninth Schedule (inserted by section 173 of the Maritime Area Planning Act 2021).]

314. F1247[Application of section 5 to outer maritime area

314.—For the purpose of determining the question as to whether or not any development situated wholly or partly in the outer maritime area is exempted development, section 5 shall apply as if—

• (a) references to a planning authority, the planning authority, the relevant planning authority or the authority were references to the Board, and

• (b) subsections (3) and (4) were deleted.]

315. F1248[Application of section 137

315.—Section 137 shall apply to applications under section 291 in the same manner as it applies to referrals, and accordingly references in section 137 to referrals shall be construed as including references to applications under section 291.]

316. F1249[Application of section 146

316.—Section 146 shall apply to the performance by the Board of its functions for the purposes of this Part as if—

• (a) "the State" were substituted for "the area in which it is proposed to carry out the development, or in which the development is located," in subparagraph (iii) of paragraph (a) of subsection (4), and

• (b) "7 years" were substituted for "5 years" in paragraph (b) of subsection (7).]

317. F1250[Application of Part X

317.—(1) Subject to section 289, Part X (other than the excluded provisions) shall apply to—

• (a) development to which Chapter III applies, and

• (b) proposed such development,

as if—

• (i) "the Board" were substituted for "a planning authority or the Board" in each place that it occurs,

• (ii) "the Board" were substituted for "the planning authority or the Board" in each place that it occurs,

• (iii) "the Board" were substituted for ‘a planning authority or the Board, as may be appropriate,’ in each place that it occurs,

• (iv) "the Board" were substituted for "the planning authority concerned or the Board, as may be appropriate," in each place that it occurs,

• (v) "the Board" were substituted for "planning authority or the Board, as the case may be," in each place that it occurs,

• (vi) all other references to a planning authority or the planning authority were references to the Board,

• (vii) in subsection (4) of section 173A, "the relevant planning authority or" were deleted, and

• (viii) in subsection (4) of section 173B, "the relevant planning authority or" were deleted.

• (2) In this section "excluded provision" means—

• (a) section 175,

• (b) subsections (1) and (2) of section 173,

• (c) subsection (9) of section 173C,

• (d) subsections (1) and (2) of section 174, and

• (e) paragraphs (a), (b) and (c) of subsection (3), and subsection (4), of section 172.]

318. F1251[Application of Part XAB

318.—(1) Part XAB (other than the excluded provisions) shall apply to—

• (a) development to which Chapter III applies, and

• (b) proposed such development,

as if—

• (i) references to a planning authority or the planning authority were references to the Board, and

• (ii) in section 177U, "the Board" were substituted for "a planning authority or the Board" in each place that it occurs.

• (2) In this section "excluded provisions" means subsections (9) and (10) of section 177U.]

319. F1252[Public notice of application

319.—(1) A requirement under a provision of this Act to publish a notice in a newspaper circulating in the functional area or administrative area of a planning authority or local authority or in any district shall, in relation to an application for permission for development to which Chapter III applies, be deemed to be a requirement to publish the notice in a national newspaper.

• (2) A requirement under a provision of this Act to erect a notice on land or affix or attach a notice to a structure shall, in so far as that provision applies to the maritime area, be deemed to be a requirement to publish the notice in a national newspaper on such consecutive number of days (in this subsection referred to as the "publication period") as may be prescribed, and different publication periods may be prescribed in respect of different classes of development or proposed development.

• (3) A requirement under a provision of this Act to submit to the Board or a planning authority a notice erected on land or a notice affixed or attached to a structure pursuant to the requirement referred to in subsection (2) shall be deemed to be a requirement to submit to the Board or coastal planning authority concerned the notice published in accordance with the requirement second-mentioned in that subsection.]

320. F1253[Consultation by coastal planning authority with Maritime Area Regulatory Authority

320.—(1) A coastal planning authority may consult with the Maritime Area Regulatory Authority for the purposes of this Part.

• (2) A coastal planning authority may, for the purpose of the performance of its functions under Part III and this Part, request the Maritime Area Regulatory Authority to provide the coastal planning authority with such information (including information in relation to an applicant for permission for development referred to in subsection (3) of section 281) as is in the possession, or procurement, of the Maritime Area Regulatory Authority.

• (3) The Maritime Area Regulatory Authority shall accede to a request under subsection (2).]

321. F1254[Consultation by Board with Maritime Area Regulatory Authority

321.—(1) The Board may consult with the Maritime Area Regulatory Authority for the purposes of this Part.

• (2) The Board may, for the purpose of the performance of its functions under this Part, request the Maritime Area Regulatory Authority to provide the Board with such information (including information in relation to an applicant under section 291 or requesting person within the meaning of Chapter III) as is in the possession, or procurement, of the Maritime Area Regulatory Authority.

• (3) The Maritime Area Regulatory Authority shall accede to a request under subsection (2).]

FIRST SCHEDULE Purposes for which objectives may be indicated in Development Plan

Section 10.

Part I Location and Pattern of Development

F1255[…]

Part II Control of Areas and Structures

F1256[…]

Part III Community Facilities

F1257[…]

Part IV Environment and Amenities

F1258[…]

Part V Infrastructure and Transport

F1259[…]

SECOND SCHEDULE Rules for the Determination of the Amount of Compensation

Section 184.

• (a) the antecedent value of the land is the amount which the land, if sold in the open market by a willing seller immediately prior to the relevant decision under Part III (and assuming that the relevant application for permission had not been made), might have been expected to realise, and

• (b) the subsequent value of the land is the amount which the land, if sold in the open market by a willing seller immediately after that decision, might be expected to realise.

• (a) regard shall be had to—

• (i) any contribution which a planning authority might have required or might require as a condition precedent to development of the land,

• (ii) any restriction on the development of the land which, without conferring a right to compensation, could have been or could be imposed under any Act or under any order, regulations, rule or bye-law made under any Act,

• (iii) the fact that exempted development might have been or may be carried out on the land, and

• (iv) the open market value of comparable land, if any, in the vicinity of the land whose values are being determined;

• (b) no account shall be taken of—

• (i) any part of the value of the land attributable to subsidies or grants available from public moneys, or to any tax or rating allowances in respect of development, from which development of the land might benefit,

• (ii) the special suitability or adaptability of the land for any purpose if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any statutory body as defined in paragraph 5:

Provided that any bona fide offer for the purchase of the land which may be brought to the notice of the arbitrator shall be taken into consideration,

• (iii) any increase in the value of land attributable to the use thereof or of any structure thereon in a manner which could be restrained by any court, or is contrary to law, or detrimental to the health of the inmates of the structure, or to public health or safety, or to the environment,

• (iv) any depreciation or increase in value attributable to the land, or any land in the vicinity, being reserved for a particular purpose in a development plan,

• (v) any value attributable to any unauthorised structure or unauthorised use,

• (vi) the existence of proposals for development of the land or any other land by a statutory body, or

• (vii) the possibility or probability of the land or other land becoming subject to a scheme of development undertaken by a statutory body;

and

• (c) all returns and assessments of capital value for taxation made or acquiesced in by the claimant may be considered.

• (2) Material considerations for the purposes of subparagraph (1) shall, without prejudice to the generality thereof, include—

• (a) the nature and location of the land,

• (b) the likelihood or unlikelihood, as the case may be, of obtaining permission or further permission, to develop the land in the light of the provisions of the development plan,

• (c) the assumption that, if any permission to develop the land were to be granted, any conditions which might reasonably be imposed in relation to matters referred to in the Fifth Schedule (but no other conditions) would be imposed, and

• (d) any permission to develop the land, not being permission for the development of a kind specified in section 192(2), already existing at the time of the relevant decision under Part III.

• (a) it shall be assumed, subject to subparagraph (2), that, after the refusal, permission under Part III would not be granted for any development of a kind specified in section 192(2),

• (b) regard shall be had to any conditions in relation to matters referred to in the Fifth Schedule (but no other conditions) which might reasonably be imposed in the grant of permission to develop the land.

• (2) In a case in which there has been a refusal of permission in relation to land in respect of which there is in force an undertaking under Part VI of the Act of 1963, it shall be assumed in determining the subsequent value of the land that, after the refusal, permission under Part III of this Act would not be granted for any development other than development to which the undertaking relates.

• (a) a Minister of the Government,

• (b) the Commissioners,

• (c) a local authority within the meaning of the Local Government Act, 1941,

• (d) a harbour authority within the meaning of the Harbours Act, 1946,

• (e) a health board established under the Health Act, 1970,

• F1260[(f) an education and training board,]

• (g) a board or other body established by or under statute,

• (h) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

• (i) a company in which all the shares are held by a board, company, or other body referred to in subparagraph (g) or (h).

• (2) In clauses (h) and (i) of subparagraph (1), “company” means a company within the meaning of section 2 of the Companies Act, 1963.

THIRD SCHEDULE Development in Respect of which a Refusal of Permission will not Attract Compensation

Section 191.

FOURTH SCHEDULE Reasons for the Refusal of Permission which Exclude Compensation

Section 191.

• (a) an existing deficiency in the provision of water supplies or sewerage facilities,

• (b) the capacity of existing or prospective water supplies or sewerage facilities being required for prospective development as regards which a grant of a permission under Part III of this Act, an undertaking under Part VI of the Act of 1963 or a notice under section 13 of the Act of 1990 or section 192 of this Act exists,

• (c) the capacity of existing or prospective water supplies or sewerage facilities being required for the prospective development of another part of the functional area of the planning authority, as indicated in the development plan,

• (d) the capacity of existing or prospective water supplies or sewerage facilities being required for any other prospective development or for any development objective, as indicated in the development plan,

• (e) any existing deficiency in the road network serving the area of the proposed development, including considerations of capacity, width, alignment, or the surface or structural condition of the pavement, which would render that network, or any part of it, unsuitable to carry the increased road traffic likely to result from the development,

• (f) any prospective deficiency (including the considerations specified in subparagraph (e)) in the road network serving the area of the proposed development which—

• (i) would arise because of the increased road traffic likely to result from that development and from prospective development as regards which a grant of permission under Part III, an undertaking under Part VI of the Act of 1963 or a notice under section 13 of the Act of 1990 or section 192 exists, or

• (ii) would arise because of the increased road traffic likely to result from that development and from any other prospective development or from any development objective, as indicated in the development plan, and

would render that road network, or any part of it, unsuitable to carry the increased road traffic likely to result from the proposed development.

• (a) could, due to the risk of a major accident or if a major accident were to occur, lead to serious danger to human health or the environment, or

• (b) is in an area where it is necessary to limit the risk of there being any serious danger to human health or the environment.

• (a) infringe an existing building line or, where none exists, a building line determined by the planning authority or by the Board,

• (b) be under a public road,

• (c) seriously injure the amenities, or depreciate the value, of property in the vicinity,

• (d) tend to create any serious traffic congestion,

• (e) endanger or interfere with the safety of aircraft or the safe and efficient navigation thereof,

• (f) endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

• (g) be prejudicial to public health.

• (a) would contravene materially a development objective indicated in the development plan for the conservation and preservation of a European site insofar as the proposed development would adversely affect one or more specific—

• (i) (I) natural habitat types in Annex I of the Habitats Directive, or

• (II) species in Annex II of the Habitats Directive which the site hosts,

and which have been selected by the Minister for Arts, Heritage, Gaeltacht and the Islands in accordance with Annex III (Stage 1) of that Directive,

• (ii) species of bird or their habitat or other habitat specified in Article 4 of the Birds Directive, which formed the basis of the classification of that site,

or

• (b) would have a significant adverse effect on any other areas prescribed for the purpose of section 10(2)(c).

F1261[20A. The proposed development would not be consistent with a planning scheme in force in respect of a strategic development zone.]

F1262[20B. The proposed development would not be consistent with the transport strategy of the DTA.]

F1263[20C. The proposed development would cause a serious aircraft noise problem at Dublin Airport including, as appropriate, the area around Dublin Airport significantly affected by aircraft noise.]

F1264[20D. The proposed development would not be consistent with the objectives of a river basin management plan made under Regulation 13 of the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003).]

• (b) Paragraph 20 shall not apply in a case where, as a result of a direction by the Minister under section 31(2) given within one year of the making of a development plan, a planning authority amends or revokes a development objective referred to in paragraph 19 but without prejudice to any right of compensation which may otherwise arise in respect of any refusal of permission under Part III in respect of an application made before such direction was issued by the Minister.

• (a) after the objective referred to in paragraph 19 or 20 has come into operation, or

• (b) after notice has been published,

• (i) in accordance with section 12 or 13, of a proposed new development plan or of proposed variations of a development plan, as the case may be, or

• (ii) in accordance with section 12, of a material alteration of the draft concerned,

indicating in draft the development objective referred to in paragraph 19 or 20, or

• (c) in the case of paragraph 19, after notice has been published by the Minister for Arts, Heritage, Gaeltacht and the Islands of his or her intention to propose that the land be selected as a European site.

F1265[23A. (1) The proposed development is by an applicant associated with a previous development (whether or not such previous development was within the functional area of the planning authority to which the proposed development relates) which—