PLANNING AND DEVELOPMENT ACT, 2000

• (a) in the opinion of the planning authority in whose functional area the previous development is situated, has not been satisfactorily completed in the ordinary course of development, or

• (b) the estate to which the previous development relates has not been taken in charge by the local authority concerned because the estate has not been completed to the satisfaction of that authority.

• (2) In this paragraph "associated", in relation to a previous development, means a development under the Planning and Development Acts 2000 to 2018 to which section 180 relates and in respect of which the development has not been satisfactorily completed or taken in charge by the local authority concerned due to the actions (whether of commission or omission) of—

• (a) the applicant for the proposed development,

• (b) a partnership of which the applicant is or was a member and which, during the membership of that applicant, carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,

• (c) a registered society under the Industrial and Provident Societies Acts 1893 to 2014 that—

• (i) carried out a development pursuant to a previous permission,

• (ii) carried out a substantial unauthorised development, or

• (iii) has been convicted of an offence under this Act,

or, during any period to which subclause (i) or (ii) relates or to which any conviction under subclause (iii) relates, the registered society was, during that period, controlled by the applicant—

• (I) where, pursuant to section 15 of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014, ‘control’ has the same meaning as in section 220(5) of the Companies Act 2014, or

• (II) as a shadow director within the meaning of section 2(1) of the Companies Act 2014,

• (d) where the applicant for the proposed development is a company—

• (i) the company concerned is related to a company (within the meaning of section 2(10) of the Companies Act 2014) which carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act, or

• (ii) the company concerned is under the same control as a company that carried out a development referred to in subparagraph (1) where ‘control’ has the same meaning as in section 220(5) of the Companies Act 2014,

or

• (e) a company that carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act, which company is controlled by the applicant—

• (i) where "control" has the same meaning as in section 220(5) of the Companies Act 2014, or

• (ii) as a shadow director within the meaning of section 2(1) of the Companies Act 2014.]

FIFTH SCHEDULE Conditions which may be Imposed, on the Granting of Permission to Develop Land, without Compensation

Section 191.

• (a) the regulation and control of the layout of areas and structures, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures,

• (b) the regulation and control of the design, colour and materials of structures and groups of structures,

• (c) the promotion of design in structures for the purposes of flexible and sustainable use, including conservation of energy and resources.

• (a) the size, height, floor area and character of structures;

• (b) building lines, coverage and the space about houses and other structures;

• (c) the extent of parking places required in, on or under structures of a particular class or size or services or facilities for the parking, loading, unloading or fuelling of vehicles;

• (d) the objects which may be affixed to structures;

• (e) the purposes for and the manner in which structures may be used or occupied, including, in the case of dwellings, the letting thereof in F1267[separate units;]

• F1268[(f) the persons of a particular class or description to whom the use as a dwelling may be restricted.]

F1269[17A. Any conditions relating to measures for the regulation of aircraft noise at Dublin Airport including, as appropriate, the area around Dublin Airport significantly affected by aircraft noise.]

• (a) 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,

contained in a European site 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 contained in a European site specified in Article 4 of the Birds Directive, which formed the basis of the classification of that site,

or

• (b) any other area prescribed for the purpose of section 10(2)(c).

F1270[35. A condition under section 34(4A), 37G(7A), 182B(5E), 182D(5E) or 293(4A) requiring that any detail of a development that was not confirmed at the time of the application for permission fall within specified options, parameters or a combination of options and parameters.

SIXTH SCHEDULE Enactments Repealed

Section 264.

Number and Year	Short Title	Extent of Repeal
(1)	(2)	(3)
No. 28 of 1963	Local Government (Planning and Development) Act, 1963	The whole Act.
No. 20 of 1976	Local Government (Planning and Development) Act, 1976	The whole Act.
No. 21 of 1982	Local Government (Planning and Development) Act, 1982	The whole Act, other than section 6.
No. 28 of 1983	Local Government (Planning and Development) Act, 1983	The whole Act.
No. 11 of 1990	Local Government (Planning and Development) Act, 1990	The whole Act.
No. 11 of 1991	Local Government Act, 1991	Sections 44 and 45.
No. 14 of 1992	Local Government (Planning and Development) Act, 1992	The whole Act.
No. 12 of 1993	Local Government (Planning and Development) Act, 1993	The whole Act, other than section 4.
No. 14 of 1993	Roads Act, 1993	Section 55A (as inserted by section 6 of the Roads (Amendment) Act, 1998).
No. 9 of 1998	Local Government (Planning and Development) Act, 1998	The whole Act.
No. 17 of 1999	Local Government (Planning and Development) Act, 1999	The whole Act.

F1271[SEVENTH SCHEDULE Infrastructure Developments for the purposes of sections 37A and 37B

Section 37A.

Energy Infrastructure

1.—Development comprising or for the purposes of any of the following:

—An installation for the onshore extraction of petroleum or natural gas.

—A crude oil refinery (excluding an undertaking manufacturing only lubricants from crude oil) or an installation for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

—A thermal power station or other combustion installation with a total energy output of 300 megawatts or more.

—An industrial installation for the production of electricity, steam or hot water with a heat output of 300 megawatts or more.

—An industrial installation for carrying gas, steam or hot water with a potential heat output of 300 megawatts or more, or transmission of electrical energy by overhead cables, where the voltage would be 220 kilovolts or more, but excluding any proposed development referred to in section 182A(1).

—An oil pipeline and any associated terminals, buildings and installations, where the length of the pipeline (whether as originally provided or as extended) would exceed 20 kilometres.

—An installation for surface storage of natural gas, where the storage capacity would exceed 200 tonnes.

—An installation for underground storage of combustible gases, where the storage capacity would exceed 200 tonnes.

—An installation for the surface storage of oil or coal, where the storage capacity would exceed 100,000 tonnes.

—An installation for hydroelectric energy production with an output of 300 megawatts or more, or where the new or extended superficial area of water impounded would be 30 hectares or more, or where there would be a 30 per cent change in the maximum, minimum or mean flows in the main river channel.

—F1272[An installation for the harnessing of wind power for energy production (a wind farm) with more than 25 turbines or having a total output greater than 50 megawatts.]

—An onshore terminal, building or installation, whether above or below ground, associated with a natural gas storage facility, where the storage capacity would exceed 1mscm.

—An onshore terminal, building or installation, whether above or below ground, associated with an LNG facility and, for the purpose of this provision, ‘LNG facility’ means a terminal which is used for the liquefaction of natural gas or the importation, offloading and re-gasification of liquefied natural gas, including ancillary services.

Transport Infrastructure

2.— Development comprising or for the purposes of any of the following:

—An intermodal transhipment facility, an intermodal terminal or a passenger or goods facility which, in each case, would exceed 5 hectares in area.

—A terminal, building or installation associated with a long-distance railway, tramway, surface, elevated or underground railway or railway supported by suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport, but excluding any proposed railway works referred to in section 37(3) of the Transport (Railway Infrastructure) Act 2001 (as amended by the Planning and Development (Strategic Infrastructure) Act 2006).

F1273[…]

F1272[A harbour or port installation (which may include facilities in the form of loading or unloading areas, vehicle queuing and parking areas, ship repair areas, areas for berthing or dry docking of ships, areas for the weighing, handling or transport of goods or the movement or transport of passengers (including customs or passport control facilities), associated administrative offices or other similar facilities directly related to and forming an integral part of the installation)—

• (a) where the area or additional area of water enclosed would be 20 hectares or more, or

• (b) which would involve the reclamation of 5 hectares or more of land, or

• (c) which would involve the construction of one or more quays which or each of which would exceed 100 metres in length, or

• (d) which would enable a vessel of over 1350 tonnes to enter within it. ]

Environmental Infrastructure

3.— Development comprising or for the purposes of any of the following:

—A waste disposal installation for—

• (a) the incineration, or

• (b) the chemical treatment (within the meaning of Annex IIA to Council Directive 75/442/EEC¹ under heading D9), or

• (c) the landfill,

of hazardous waste to which Council Directive 91/689/EEC² applies (other than an industrial waste disposal installation integrated into a larger industrial facility).

—A waste disposal installation for—

• (a) the incineration, or

• (b) the chemical treatment (within the meaning of Annex IIA to Council Directive 75/442/EEC under heading D9),

of non-hazardous waste with a capacity for an annual intake greater than 100,000 tonnes.

—An installation for the disposal, treatment or recovery of waste with a capacity for an annual intake greater than 100,000 tonnes.

—F1274[A groundwater abstraction, artificial groundwater recharge scheme or a surface water abstraction], where the annual volume of water abstracted or recharged is equivalent to or exceeds 2 million cubic metres.

—Any works for the transfer of water resources between river basins, where the annual volume of water abstracted or recharged would exceed 2 million cubic metres.

—A waste water treatment plant with a capacity greater than a population equivalent of 10,000 and, for the purpose of this provision, population equivalent shall be determined in accordance with Article 2, point 6, of Council Directive 91/271/EEC ³.

—A sludge-deposition site with the capacity for the annual deposition of 50,000 tonnes of sludge (wet).

—Any canalisation or flood relief works where—

• (a) the immediate contributing sub-catchment of the proposed works (namely the difference between the contributing catchments at the upper and lower extent of the works) would exceed 1000 hectares, or

• (b) more than 20 hectares of wetland would be affected, or

• (c) the length of river channel on which works are proposed would be greater than 2 kilometres.

—A dam or other installation designed for the holding back or the permanent or long-term storage of water, where the new or extended area of water impounded would be 30 hectares or more or where a new or additional amount of water held back or stored would exceed 10 million cubic metres.

—An installation of overground aqueducts each of which would have a diameter of 1,000 millimetres or more and a length of 500 metres or more.

—Any coastal works to combat erosion or maritime works capable of altering the coast through the construction, for example, of dikes, moles, jetties and other sea defence works, where in each case the length of coastline on which the works would take place would exceed 1 kilometre, but excluding the maintenance or reconstruction of such works or works required for emergency purposes.

F1275[Health Infrastructure

A health care facility (other than a development which is predominantly for the purposes of providing care services (within the meaning of section 3 of the Nursing Homes Support Scheme Act 2009)) which, whether or not the facility is intended to form part of another health care facility, shall provide in-patient services and shall have not fewer than 100 beds in order to so provide.]]

F1277[EIGHTH SCHEDULE Section 285 Classes of Development specified for purposes of Chapter III of Part XXI 1. Development referred to in the Seventh Schedule. 2. Development consisting of a trading port or pier for loading and unloading goods that— (a) is connected to land, and (b) can accommodate vessels of over 1,350 tonnes. 3. Development consisting of a pipeline that is not less than 20 kilometres in length and that is intended for the transport of— (a) gas, oil or chemicals, or (b) carbon dioxide (CO2) streams for the purposes of geological storage, including associated booster stations. 4. Development consisting of the construction of an electrical power line that has a voltage of not less than 220 kilovolts and a length of not less than 15 kilometres. 5. Development consisting of the laying of a telecommunications cable or pipeline of not less than 15 kilometres in length. 6. Development consisting of the construction of a storage site within the meaning of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 200925 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006. 7. Development consisting of an installation for the capture of CO2 streams within the meaning of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009— (a) intended for geological storage of CO2 within such meaning, or (b) where the intended capture of CO2 is not less than 1,500,000 tonnes per annum. 8. Development consisting of the drainage or reclamation of not less than 2 hectares of wetland. 9. Development consisting of a seawater fish breeding installation with an intended output exceeding 100 tonnes per annum. 10. Development consisting of the reclamation of not less than 10 hectares of land from the sea. 11. Development consisting of— (a) the extraction of stone, gravel, sand or clay where the area of extraction would be greater than 5 hectares, or (b) the extraction of stone, gravel, sand or clay by marine dredging (other than maintenance dredging), where the area of extraction would be greater than 5 hectares. 12. Development consisting of deep drilling (other than deep drilling for the purposes of investigating the stability of the soil, seabed or substrata beneath the soil or seabed) for— (a) geothermal purposes, or (b) the purpose of securing water supplies exceeding 2 million cubic metres per annum. 13. Development consisting of the construction or operation of— (a) an installation for the manufacture of vegetable or animal oils or fats, where the capacity for processing raw materials would exceed 40 tonnes per day, or (b) any fish-meal or fish-oil factory. 14. Development consisting of the construction or operation of a sea water marina where the number of berths exceeds 300. 15. Development consisting, or for the purposes, of— (a) a terminal, building or installation ancillary to a natural gas storage facility (either above or below the surface of the water or seabed) the storage capacity of which would exceed 1mscm, or (b) a terminal, building or installation ancillary to a terminal that is used for the liquefaction of natural gas or the importation, offloading and re-gasification of liquefied natural gas, and ancillary services. 16. Development consisting, or for the purposes, of an installation for the storage of— (a) natural gas, where the storage capacity would exceed 200 tonnes, (b) combustible gases, where the storage capacity would exceed 200 tonnes, or (c) oil or coal, where the storage capacity would exceed 100,000 tonnes. 17. An installation for the production of hydroelectric energy— (a) that has an output of not less than 20 megawatts, (b) that would result in the new or extended area of water impounded being not less than 20 hectares, or (c) that would result in a 30 per cent change in the maximum, minimum or mean flows in the main river channel or tidal bay concerned. 18. An installation for the production of energy by harnessing the power of the wind that has— (a) more than 5 turbines, or (b) a total output of more than 5 megawatts. 19. Any floating or fixed installation (either temporary or permanent) for the production of energy by harnessing the power of the sun. 20. An installation for the production of energy by harnessing wave or tidal power that has a total output greater than 5 generating units or 5 megawatts. 21. A harbour or port installation, including— (a) loading or unloading areas, (b) vehicle queuing and parking areas, (c) ship repair areas, (d) areas for berthing or dry docking of ships, and (e) areas for the weighing, handling or transport of goods or the movement or transport of passengers (including customs or passport control facilities), and any associated offices or other similar facilities that would— (i) result in the enclosed area of water in the harbour or port installation being not less than 20 hectares, (ii) involve the reclamation of an area of land of not less than 5 hectares, (iii) involve the construction of a quay greater than 100 metres in length, or (iv) be capable of admitting a vessel of more than 1,350 tonnes.]

F1278[NINTH SCHEDULE Sections 309, 312 and 313

Part I

Relevant provisions for purposes of section 309

Part II

Relevant provisions for purposes of section 312

Part III

Relevant provisions for purposes of section 313

Footnotes