PLANNING AND DEVELOPMENT ACT, 2000

31AQ. F245[Evaluation and assessment by Office of matters relating to regional spatial and economic strategies

31AQ.—F246[…]]

31AR. F247[Consequential provisions to section 31AQ

31AR.—F248[…]]

F249[Chapter IV Review of Planning Functions]

31AS. F250[Review at instigation of Office

31AS.—F251[…]]

31AT. F252[Review by Office at instigation of Minister

31AT.—F253[…]]

31AU. F254[Complaint to Office in respect of planning authority

31AU.—F255[…]]

31AV. F256[Information and records to be made available to Office

31AV.—F257[…]]

31AW. F258[Access to information (Part IIB)

31AW.—F259[…]]

31AX. F260[Offences (Part IIB)

31AX.—F261[…]]

PART III Control of Development

32. General obligation to obtain permission.

32.—(1) Subject to the other provisions of this Act, permission shall be required under this Part—

• (a) in respect of any development of land, not being exempted development, and

• (b) in the case of development which is unauthorised, for the retention of that unauthorised development.

• (2) A person shall not carry out any development in respect of which permission is required by subsection (1), except under and in accordance with a permission granted under this Part.

32A. F262[Person to seek opinion of planning authority prior to application for LRD.

32A.—(1) A person who intends to apply for permission under this Part—

• (a) for large-scale residential development,

• (b) on land—

• (i) that is not located in a strategic development zone, and

• (ii) the zoning of which facilitates its use for the purposes proposed in the application,

(referred to in this Act as a "prospective LRD applicant") shall not make the application unless at that time he or she holds an LRD opinion, or written confirmation referred to in section 247(7), in relation to the proposed LRD provided not more than 6 months before the date of the application.

• (2) A planning authority shall refuse to consider an application for permission—

• (a) for large-scale residential development,

• (b) on land—

• (i) that is not located in a strategic development zone, and

• (ii) the zoning of which facilitates its use for the purposes proposed in the application,

unless it is satisfied that the applicant holds an LRD opinion, or written confirmation referred to in section 247(7), in relation to the proposed LRD provided not more than 6 months before the date of the application.

• (3) Where a planning authority refuses to consider an application for permission under subsection (2), it shall return the application to the applicant, together with any fee received from the applicant in respect of the application, and shall give reasons for its decision to the applicant.]

32B. F263[Request for LRD meeting.

32B.—(1) A prospective LRD applicant may, once he or she has consulted the appropriate planning authority or authorities in whose area or areas the proposed LRD would be situated in accordance with section 247, request an LRD meeting with that planning authority or authorities.

• (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 LRD applicant,

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

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

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

• (e) a brief description of any proposals to provide for water services infrastructure, including, in the case where it is proposed to connect the proposed development to a public water or wastewater network or both, evidence that Irish Water has confirmed that it is feasible to provide the appropriate service or services and that the relevant network or networks have the capacity to service the proposed development,

• (f) details of any consultations that have taken place with prescribed bodies or the public,

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

• (ga) a statement setting out how the proposed LRD has had regard to the relevant objectives of the development plan or local area plan in whose area or areas the proposed LRD would be situated, and

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

• (3) Without prejudice to the generality of subsection (2)(h), the Minister may, in particular, for the purposes of that paragraph, prescribe information regarding the following matters:

• (a) the proposed types of houses and student accommodation units and their design, including proposed internal floor areas, housing density, plot ratio, site coverage, building heights, proposed layout and aspect;

• (b) the provision of public and private open spaces, landscaping, play facilities, pedestrian permeability, vehicular access and parking provision, where relevant;

• (c) the provision of ancillary services, where required, including child care facilities;

• (d) any proposals to address or, where relevant, integrate the proposed development with surrounding land uses;

• (e) road infrastructure;

• (f) any proposals to provide for services infrastructure (including water, wastewater and cabling, including broadband provision), and any phasing proposals;

• (g) proposals under Part V, where relevant;

• (h) details of protected structures and archaeological monuments included in the Record of Monuments and Places, where relevant;

• (i) any aspect of the proposed development likely to have significant effects on the environment or significant effects on a European site.

• (4) The planning authority may, prior to the LRD meeting taking place, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the LRD meeting in relation to a proposed development.

• (5) Where a planning authority consults with a person under subsection (4), a written record shall be taken of such a consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.]

• F264[(6) A request by a prospective LRD applicant under subsection (1) may include a request that the LRD meeting be treated as a meeting for the purposes of section 32I and such request shall comply with section 32H(2).]

32C. F265[LRD meeting.

32C.—(1) Where the prospective LRD applicant submits a request in accordance with section 32B, the planning authority shall convene an LRD meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.

• (2) The following persons shall attend an LRD meeting convened under subsection (1):

• (a) the planning authority;

• (b) the prospective LRD applicant, one or more persons on his or her behalf, or both.

• (3) The planning authority shall ensure that planning authority officials attending the LRD meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.

• (4) The planning authority shall keep a record in writing of any LRD meeting including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided under section 32C(7) or 32D(4), and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

• (5) A record kept by a planning authority under subsection (4) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.

• (6) 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 an LRD meeting, including—

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

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

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

• (7) Where, on the expiry of the period specified in subsection (1), the LRD meeting has not taken place, the planning authority shall proceed to convene the LRD meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why the LRD meeting did not take place in the specified period.]

32D. F266[LRD Opinion.

32D.—(1) The planning authority shall provide an opinion (referred to in this Act as an "LRD opinion") to the prospective LRD applicant, within the period of 4 weeks beginning on the date on which the LRD meeting takes place, as to whether or not the documents submitted for the purposes of the meeting constitute a reasonable basis on which to make an application for permission for the proposed LRD.

• (2) Where the opinion of the planning authority is that the documents submitted for the purposes of the meeting do not constitute a reasonable basis on which to make an application for permission for the proposed LRD it shall specify in the LRD opinion—

• (a) the areas, or the issues, in respect of which the documents submitted do not constitute a reasonable basis on which to make the application, and

• (b) any issues that, if addressed by the relevant documents, could result in the documents constituting a reasonable basis on which to make the application.

• (2A) The LRD opinion issued by a planning authority under subsection (1) shall be made public when a planning application in respect of the proposed development is made in accordance with section 34.

• (3) 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 planning authority providing an LRD opinion, including the form of the LRD opinion.

• (4) Where, on the expiry of the period specified in subsection (1), the planning authority has failed to provide an LRD opinion, the planning authority shall proceed to do so as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why it failed to provide the LRD opinion in the specified period.]

32E. F267[LRD procedure without prejudice to performance by the planning authority of other functions.

32E.—Neither the taking place of an LRD meeting nor the provision of an LRD opinion shall prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.]

32F. F268[Effect of steps not being completed within the time period.

32F.—A person shall not question the validity of any steps taken by a planning authority by reason only that the procedures set out in section 32C(1) or 32D(1), as the case may be, were not completed within the time referred to in the subsection concerned.]

32G. F269[Offence of taking payment, etc. in connection with LRD procedure.

32G.—A member or official of a planning authority who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an LRD opinion commits an offence.]

32H. F270[Application for opinion under section 32I.

32H.—(1) A person who intends to apply for permission under section 34 (referred to in this section and section 32I as a "prospective applicant") may, before making such an application (referred to in this section and section 32I as the "proposed application"), request a meeting for the purposes of section 32I with the planning authority or authorities in whose functional area or areas the proposed development would be situated.

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

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

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

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

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

• (e) a description of—

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

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

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

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

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

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

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

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

• (3) A planning authority that receives a request under subsection (1) or section 32B(1) may, prior to a meeting taking place under section 32I, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the meeting in relation to a proposed development.

• (4) Where a planning authority consults with a person under subsection (3), a written record shall be taken of such a consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

• (5) Where a prospective applicant submits a request in accordance with subsection (1) or section 32B(1), the planning authority shall convene a meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.

• (6) The following persons shall attend a meeting convened under subsection (5):

• (a) the planning authority;

• (b) the prospective applicant, one or more persons on his or her behalf, or both.

• (7) The planning authority shall ensure that planning authority officials attending the meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.

• (8) The planning authority shall keep a record in writing of any meeting convened under subsection (5), including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided under subsection (11) or section 32I(7) and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

• (9) A record kept by a planning authority under subsection (8) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.

• (10) 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 (5), including—

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

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

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

• (11) Where, on the expiry of the period specified in subsection (5), the meeting has not taken place, the planning authority shall proceed to convene the meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why the meeting did not take place in the specified period.]

32I. F271[Opinion as to flexibility with regard to application for permission.

32I.—(1) The planning authority shall, within the period of 4 weeks beginning on the date on which the meeting convened under section 32H(5) takes place, consider—

• (a) the information included in the request for the meeting under section 32H, 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 planning authority 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 planning authority 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 and decided,

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

• (c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act, be accompanied by the information referred to in section 32H(2)(f).

• (5) An opinion issued by a planning authority under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.

• (6) 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 planning authority providing an opinion under subsection (2), including the form of the opinion.

• (7) Where, on the expiry of the period specified in subsection (1), the planning authority has failed to provide an opinion or notification, the planning authority shall proceed to do so as soon as practicable, notwithstanding that the period has expired, and provide the prospective applicant with a written explanation why it failed to provide the opinion or notification in the specified period.]

32J. F272[Procedure without prejudice to performance by the planning authority of other functions.

32J.—Neither the taking place of a meeting under section 32H nor the provision of an opinion or notification under section 32I shall prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.]

F273[Effect of steps not being completed within the time period.

32K.—A person shall not question the validity of any steps taken by a planning authority by reason only that the procedures set out in sections 32H and 32I, were not completed within the time referred to in the sections concerned.]

F274[Offence of taking payment, etc. in connection with section 32H procedure.

32L.—A member or official of a planning authority who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an opinion or notification under section 32I commits an offence.]

33. Regulations regarding applications for permission.

33.—(1) The Minister shall by regulations provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for permission for the development of land.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for the following—

• (a) requiring the submission of information in respect of applications for permission for the development of land;

• (b) requiring any applicants to publish any specified notices with respect to their applications;

• (c) enabling persons to make submissions or observations on payment of the prescribed fee and within a prescribed period;

• F275[(ca) providing for the waiving or reduction of a fee to which paragraph (c) would relate, or the payment of a different fee, in respect of submissions or observations made by a person in his or her capacity as a member of a local authority;]

• (d) requiring planning authorities to acknowledge in writing the receipt of submissions or observations;

• (e) requiring any applicants to furnish to any specified persons any specified information with respect to their applications;

• (f) requiring planning authorities to—

• (i) (I) notify prescribed authorities of such proposed development or classes of development as may be prescribed, or

• (II) consult with them in respect thereof,

and

• (ii) give to them such documents, particulars, plans or other information in respect thereof as may be prescribed;

• (g) requiring any applicants to submit any further information with respect to their applications (including any information as to any estate or interest in or right over land) or information regarding any effect on the environment which the development may have;

• F276[(ga) enabling planning authorities to request applicants to submit further information with respect to their applications, for the purposes of paragraph (g), and providing for, in respect of different classes or descriptions of development, the information or type of information which may be requested and the number of requests that may be made;]

• (h) enabling planning authorities to invite an applicant to submit to them revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the application relates and, in case the plans, drawings or particulars are submitted to a planning authority in response to such an invitation, enabling the authority in deciding the application to grant a permission for the relevant development as modified by all or any of the plans, drawings or particulars;

• (i) requiring the production of any evidence to verify any particulars of information given by any applicants;

• (j) requiring planning authorities to furnish to the Minister and to any other specified persons any specified information with respect to applications and the manner in which they have been dealt with;

• (k) requiring planning authorities to publish or give notice of their decisions in respect of applications for permission, including the giving of notice thereof to prescribed bodies and to persons who made submissions or observations in respect of such applications;

• F275[(ka) facilitating the making and processing by electronic means of—

• (i) planning applications, appeals, referrals, applications for approval, submissions and consents under this Act, and

• (ii) the payment of fees, the issuing of decisions and setting out of requirements to which subparagraph (i) relates;

• (kb) requiring the inputting of data by planning authorities into such databases or national planning systems as may be prescribed by the Minister;]

• (l) requiring an applicant to submit specified information to the planning authority with respect to development, or any class of development, carried out by a person to whom section 35(7) applies pursuant to a permission granted to the applicant or to any other person under this Part or under Part IV of the Act of 1963.

• (3)
• (a) Regulations under this section may, for the purposes of securing the attainment of an objective included in a development plan pursuant to section 10(2)(m), require any applicant for permission to provide the planning authority with such information, in respect of development (including development of a particular class) that the applicant proposes to carry out in a Gaeltacht area, as it may specify.

• (b) A requirement to which paragraph (a) applies may relate to development belonging to a particular class.

• (c) Before making regulations containing a requirement to which paragraph (a) applies the Minister shall consult with the Minister for Arts, Heritage, Gaeltacht and the Islands.

• (4) Regulations under this section may make additional or separate provisions in regard to applications for outline permission within the meaning of section 36.

• F277[(5) Regulations under this section may make different provision with respect to applications for permission for development made by the Central Bank of Ireland in cases where the disclosure of information in relation to the application concerned might prejudice the security, externally or internally, of the development or the land concerned or facilitate any unauthorised access to or from the land by any person, and such regulations may make provision modifying the operation of section 38 in relation to applications in those cases. ]

34. Permission for development.

34.—(1) Where—

• (a) an application is made to a planning authority in accordance with permission regulations for permission for the development of land, and

• (b) all requirements of the regulations are complied with,

the authority may decide to grant the permission subject to or without conditions, or to refuse it.

• F278[(1A) Where an application to a planning authority is required to have been accompanied by an F279[environmental impact assessment report]:

• (a) The planning authority shall cause to be published in one or more newspapers circulated in the area and/or by electronic means, a notice informing the public of such a decision of the planning authority.

• (b) The notice shall state that the applicant and any person who made submissions or observations in writing to the planning authority in relation to the planning application in accordance with section 37(1) may appeal such a decision to the Board.

• (c) The notice shall further state that a person may question the validity of any decision of the planning authority by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with section 50.

• (d) The notice shall further state that a person may question the validity of any decision on an appeal 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), in accordance with section 50.

• (e) The notice shall identify where practical information on the appeal and review mechanisms can be found.]

• F280[(1B) Where a planning authority receives an application for permission to which section 32A(1) applies it shall notify the elected members of the planning authority of the making of the application, of where the application is available for inspection, and of such other information as may be prescribed.]

• (2)
• (a) When making its decision in relation to an application under this section, the planning authority shall be restricted to considering the proper planning and sustainable development of the area, regard being had to—

• (i) the provisions of the development plan,

• F281[(ia) any guidelines issued by the Minister under section 28,]

• (ii) the provisions of any special amenity area order relating to the area,

• (iii) any European site or other area prescribed for the purposes of section 10(2)(c),

• (iv) where relevant, the policy of the Government, the Minister or any other Minister of the Government,

• (v) the matters referred to in subsection (4), F282[…]

• F283[(va) previous developments by the applicant which have not been satisfactorily completed,

• (vb) previous convictions against the applicant for non-compliance with this Act, the Building Control Act 2007 or the Fire Services Act 1981, and]

• (vi) any other relevant provision or requirement of this Act, and any regulations made thereunder.

• F281[(aa) When making its decision in relation to an application under this section, the planning authority shall apply, where relevant, specific planning policy requirements of guidelines issued by the Minister under section 28.]

• (b) In considering its decision in accordance with paragraph (a), a planning authority shall consult with any other planning authority where it considers that a particular decision by it may have a significant effect on the area of that authority, and the authority shall have regard to the views of that other authority and, without prejudice to the foregoing, it shall have regard to the effect a particular decision by it may have on any area outside its area (including areas outside the State).

• F281[(ba) Where specific planning policy requirements of guidelines referred to in subsection (2)(aa) differ from the provisions of the development plan of a planning authority, then those requirements shall, to the extent that they so differ, apply instead of the provisions of the development plan.]

• (c) F284[Subject to section 99F of the Environmental Protection Agency Act 1992,] and section 54 (as amended by section 257 of this Act) of the Waste Management Act, 1996, where an application under this section relates to development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, a planning authority shall take into consideration that the control of emissions arising from the activity is a function of the Environmental Protection Agency.

• F285[(ca) Where an application under this section relates to development which comprises or is for the purposes of an activity for which an abstraction licence is required, a planning authority shall take into consideration that the control of abstractions is a function of the Environmental Protection Agency.]

• F281[(d) In this subsection "specific planning policy requirements" means such policy requirements identified in guidelines issued by the Minister to support the consistent application of Government or national policy and principles by planning authorities, including the Board, in securing overall proper planning and sustainable development.]

• (3) A planning authority shall, when considering an application for permission under this section, have regard to—

• (a) in addition to the application itself, any information relating to the application furnished to it by the applicant in accordance with the permission regulations,

• (b) any written submissions or observations concerning the proposed development made to it in accordance with the permission regulations by persons or bodies other than F286[the applicant, and]

• F287[(c) where an application for permission relates to a residential development comprising 10 or more houses—

• (i) any information available to the planning authority, or furnished to it by the applicant, concerning implementation by the applicant of any housing development in the previous 5 years, and

• (ii) an assessment by the planning authority of the likelihood of the proposed development being implemented within the appropriate period sought, being the appropriate period within the meaning provided for by section 40(3).]

• F281[(3A) In determining an application for permission that relates to an existing planning permission for a residential multi-unit development (within the meaning of section 1 of the Multi-Unit Development Act 2011) and where the purpose of the application for permission is to take account of specific planning policy requirements (within the meaning given by subsection (2)(d)) of new or revised guidelines issued by the Minister under section 28 with regard to the previously permitted development, the planning authority concerned or the Board (as the case may be) shall, notwithstanding section 34(2)(a), be restricted in its determination of the application to considering the modifications proposed by the applicant.

• (3B) Notwithstanding section 37, no appeal shall be made to the Board in respect of the determination by the planning authority concerned of an application to which subsection (3A) relates unless it would relate to a materially significant change to the approved external appearance of the proposed development.]

• F280[(3C) In determining an application for permission that relates to a development in respect of a part of which permission has previously been granted—

• (a) under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, or

• (b) on foot of an application in accordance with section 32A, the planning authority concerned shall, notwithstanding section 34(2)(a), be restricted in its determination of the application, other than in respect of any assessment of the effects of the proposed development on the environment, to considering the modifications proposed by the applicant to the previously permitted development and for the purposes of determining such an application the reference in subsection (6) to "the development concerned" shall be read as a reference to "the modifications to the previously permitted development".]

• (4) Conditions under subsection (1) may, without prejudice to the generality of that subsection, include all or any of the following—

• F288[(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant if the imposition of such conditions appears to the planning authority—

• (i) to be expedient for the purposes of or in connection with the development authorised by the permission, or

• (ii) to be appropriate, where any aspect or feature of that adjoining, abutting or adjacent land constitutes an amenity for the public or a section of the public, for the purposes of conserving that amenity for the public or that section of the public (and the effect of the imposition of conditions for that purpose would not be to burden unduly the person in whose favour the permission operates);]

• (b) conditions for requiring the carrying out of works (including the provision of facilities) which the planning authority considers are required for the purposes of the development authorised by the permission;

• (c) conditions for requiring the taking of measures to reduce or prevent—

• (i) the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in that neighbourhood, or

• (ii) the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site;

• (d) conditions for requiring provision of open spaces;

• (e) conditions for requiring the planting, maintenance and replacement of trees, shrubs or other plants or the landscaping of structures or other land;

• (f) conditions for requiring the satisfactory completion within a specified period, not being less than 2 years from the commencement of any works, of the proposed development (including any roads, open spaces, car parks, sewers, watermains or drains or other public facilities), where the development includes the construction of 2 or more houses;

• (g) conditions for requiring F286[the giving and maintaining of adequate security] for satisfactory completion of the proposed development;

• (h) conditions for determining the sequence and timing in which and the time at which works shall be carried out;

• (i) conditions for the maintenance or management of the proposed development (including the establishment of a company or the appointment of a person or body of persons to carry out such maintenance or management);

• (j) conditions for the maintenance, until taken in charge by the local authority concerned, of roads, open spaces, car parks, sewers, watermains or drains and other public facilities or, where there is an agreement with the local authority in relation to such maintenance, conditions for maintenance in accordance with the agreement;

• (k) conditions for requiring the provision of such facilities for the collection or storage of recyclable materials for the purposes of the proposed development;

• (l) conditions for requiring construction and demolition waste to be recovered or disposed of in such a manner and to such extent as may be specified by the planning authority;

• (m) conditions for requiring the provision of roads, including traffic calming measures, open spaces, car parks, sewers, watermains or drains, facilities for the collection or storage of recyclable materials and other public facilities in excess of the immediate needs of the proposed development, subject to the local authority paying for the cost of the additional works and taking them in charge or otherwise entering into an agreement with the applicant with respect to the provision of those public facilities;

• (n) conditions for requiring the removal of any structures authorised by the permission, or the discontinuance of any use of the land so authorised, at the expiration of a specified period, and the carrying out of any works required for the re-instatement of land at the expiration of that period;

• (o) conditions in relation to appropriate naming and numbering of, and the provision of appropriate signage for, the proposed development;

• (p) conditions for requiring, in any case in which the development authorised by the permission would remove or alter any protected structure or any element of a protected structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest—

• (i) the preservation by a written and visual record (either measured architectural drawings or colour photographs and/or audio-visual aids as considered appropriate) of that structure or element before the development authorised by the permission takes place, and

• (ii) where appropriate, the architectural salvaging of any element, or the re-instatement of any element in a manner specified by the authority;

• (q) conditions for regulating the hours and days during which a business premises may operate.

• F289[(4A) Notwithstanding subsection (1), where a planning authority grants permission for a development on foot of an application accompanied by an opinion provided by the planning authority under section 32I(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 planning authority 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.]

• F290[(5) The conditions under subsection (1) may provide that points of detail relating to a grant of permission be agreed between the planning authority and the person carrying out the development and, accordingly—

• (a) where for that purpose that person has submitted to the planning authority concerned such points of detail, then that authority shall, within 8 weeks of those points being so submitted, or such longer period as may be agreed between them in writing, either—

• (i) reach agreement with that person on those points, or

• (ii) where that authority and that person cannot so agree on those points, that authority may—

• (I) advise that person accordingly in writing, or

• (II) refer the matter to the Board for its determination,

and, where clause (I) applies, that person may, within 4 weeks of being so advised, refer the matter to the Board for its determination,

or

• (b) where none of the events referred to in subparagraph (i) or in clause (I) or (II) of subparagraph (ii) occur within those 8 weeks or such longer period as may have been so agreed, then that authority shall be deemed to have agreed to the points of detail as so submitted.]

• (6)
• (a) In a case in which the development F291[concerned would contravene materially the development plan or local area plan], a planning authority may, notwithstanding any other provision of this Act, decide to grant permission under this section, provided that the following requirements are complied with before the decision is made, namely—

• (i) notice in the prescribed form of the intention of the planning authority to consider deciding to grant the permission shall be published in at least one daily newspaper circulating in its area and the notice shall specifically state which objective of the development plan F283[or local area plan, as the case may be,] would be materially contravened by granting this permission,

• F291[(ii) copies of the notice shall be given to each of the following—

• (I) the applicant,

• F283[(IA) the regional assembly for the area in which the planning authority is situated,]

• (II) a prescribed body which has been notified of the application by the planning authority, and

• (III) any person who has made a submission or observation in writing in relation to the development to which the application relates,]

• (iii) any submission or observation as regards the making of a decision to grant permission and which is received by the planning authority not later than 4 weeks after the first publication of the notice shall be duly considered by the F291[authority]

• F292[(iiia) not later than 6 weeks from the publication of the notice under subparagraph (i), the chief executive shall prepare a report for the members of the planning authority—

• (I) stating the main reasons and considerations on which the proposal to grant permission is based,

• (II) summarising the issues raised in any submissions or observations in accordance with subparagraph (iii), and

• (III) advising the members of his or her opinion regarding the compliance or otherwise of the proposed development with any relevant Ministerial guidelines under section 28 or any relevant policies or objectives of the Government or Minister of the Government or with any regional spatial and economic strategy,

and the report shall be considered by the members before a resolution is passed under subparagraph (iv), and

• (iv) a resolution shall be passed by the planning authority approving the proposal of the chief executive to grant permission.]

• (b) It shall be necessary for the passing of a resolution referred to in paragraph (a) that the number of the members of the planning authority voting in favour of the resolution is not less than three-quarters of the total number of the members of the planning authority or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and the requirement of this paragraph is in addition to and not in substitution for any other requirement applying in relation to such a resolution.

• F293[(ba) Where a resolution referred to in paragraph (a) has been passed by a planning authority in accordance with paragraph (b), the planning authority shall—

• (i) send to the regional assembly for the area and the Office of the Planning Regulator a copy of the notice under paragraph (a) that relates to the resolution, and

• (ii) at the same time, inform the regional assembly for the area and the Office of the Planning Regulator in writing that the resolution was passed.]

• (c) F294[…]

• (d) F294[…]

• (7) F294[…]

• (8)
• (a) Subject to paragraphs (b), (c), (d) and (e), where—

• (i) an application is made to a planning authority in accordance with the permission regulations for permission under this section, and

• (ii) any requirements of those regulations relating to the application are complied with,

a planning authority shall make its decision on the application within the period of 8 weeks beginning on the date of receipt by the planning authority of the application.

• F295[(b) Where a planning authority, within 8 weeks of the receipt of a planning application, serves notice in accordance with the permission regulations requiring the applicant to give to the authority further information or to produce evidence in respect of the application, the authority shall make its decision on the application as follows:

• (i) within 4 weeks of the notice being complied with, or

• (ii) F296[if, within the period specified in subparagraph (i), in relation to further information] given or evidence produced in compliance with the notice, the planning authority—

• (I) considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and

• (II) gives notice accordingly to the applicant,

within 4 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority.

• (c) Where, in the case of a planning application accompanied by an F297[environmental impact assessment report] or a Natura impact statement, a planning authority serves a notice referred to in paragraph (b), the authority shall make its decision as follows:

• (i) within 8 weeks of the notice being complied with, or

• (ii) F296[if, within the period specified in subparagraph (i), in relation to further information] given or evidence produced in compliance with the notice, the planning authority—

• (I) considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and

• (II) gives notice accordingly to the applicant,

within 8 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority,]

• F298[(ca) F299[Where an environmental impact assessment report] is submitted to a planning authority under section 172(1C), or where a Natura impact statement is submitted to a planning authority under section 177T (5), the planning authority shall make its decision on the application as follows—

• (i) within 8 weeks commencing on the date on which the F300[environmental impact assessment report] or Natura impact statement, as the case may be, and a copy of the relevant public notice required in accordance with regulations under this Act, is received by the planning authority, or

• (ii) where a planning authority, within 8 weeks of the receipt of an F301[environmental impact assessment report submitted] under section 172(1C) or a Natura impact statement under section 177T(5), serves notice in accordance with regulations under this Act requiring the applicant to give to the authority further information in relation F302[to the environmental impact assessment report] or Natura impact statement, as the case may be—

• (I) F303[within 8 weeks, in the case of further information in relation to the environmental impact assessment report, and within 4 weeks, in the case of further information in relation to the Natura impact statement,] of the notice being complied with, or

• (II) F296[if, within the period specified in clause (I), in relation to further information] given, the planning authority considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with regulations under this Act, and gives notice accordingly to the applicant, F304[within 8 weeks, in the case of such further information given in relation to the environmental impact assessment report, and within 4 weeks, in the case of such further information given in relation to the Natura impact statement,] beginning on the day on which notice of that publication is given by the applicant to the planning authority.]

• (d) Where a notice referred to in subsection (6) is published in relation to the application, the authority shall make its decision within the period of 8 weeks beginning on the day on which the notice is first published.

• (e) Where, in the case of an application for permission for development that—

• (i) would be likely to increase the risk of a major accident, or

• (ii) is of such a nature as to be likely, if a major accident were to occur, and, having regard to all the circumstances, to cause there to be serious consequences,

a planning authority consults, in accordance with the permission regulations, with a prescribed authority for the purpose of obtaining technical advice regarding such risk or consequences, the authority shall make a decision in relation to the application within 4 weeks beginning on the day on which the technical advice is received.

• F305[(f) (i) Where a planning authority has failed to make a decision in relation to an application within the period specified in paragraph (a), (b), (c), (d) or (e) as appropriate (referred to in this paragraph as the "first period") and becomes aware, whether through notification by the applicant or otherwise, that it has so failed, the authority shall proceed to make the decision notwithstanding that the first period has expired.

• (ii) Where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant.

• (iii) Where a planning authority fails to make a decision within a period of 12 weeks after the expiry of the first period a decision (referred to in this paragraph as the "deemed decision") of the planning authority to grant the permission shall be regarded as having been given on the last day of that period of 12 weeks.

• (iv) Any person, who has made submissions or observations in writing in relation to the planning application to the planning authority, may at any time within the period of 4 weeks after the expiry of the period of 12 weeks referred to in subparagraph (iii), appeal the deemed decision.

• (v) Subparagraphs (i) to (iv) shall not apply where there is a requirement under Part X or Part XAB to carry out an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment, in respect of the development relating to which the authority has failed to make a decision.

• (vi) Where the planning authority has failed to make a decision in relation to development where an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment is required within the first period and becomes aware, whether through notification by the applicant or otherwise, that it has so failed—

• (I) the authority shall proceed to make the decision notwithstanding that the first period has expired,

• (II) where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant,

• (III) provided that no notice under paragraph (b) or (c) was served on the applicant prior to the expiry of the first period, where a planning authority proceeds to make a decision under clause (I) in relation to an application, it may serve notice on the applicant, requiring the applicant to give to the authority further information or to produce evidence in respect of the application under paragraph (b) or (c), and paragraph (b) or (c) shall apply to such notice subject to any necessary modifications,

• (IV) subject to service of a notice under paragraph (b) or (c) in accordance with clause (III), where a planning authority fails to make a decision before the expiry of the period of 12 weeks beginning on the day immediately after the day on which the first period expires, the authority shall, subject to clause (V), pay the appropriate sum to the applicant, and shall pay a further such sum to the applicant where it fails to make a decision before the expiry of each subsequent period of 12 weeks beginning immediately after the preceding 12 week period,

• (V) not more than 5 payments of the appropriate sum shall be made by a planning authority to an applicant in respect of the failure by the authority to make a decision in relation to an application,

• (VI) where a planning authority makes a decision in relation to an application more than one year after the expiration of the first period the authority, before making the decision—

• (A) notwithstanding that notice has been previously published in relation to the application, shall require the applicant to publish additional such notice concerning the planning application in accordance with the permission regulations (and the planning authority shall refund the costs of so publishing to the applicant),

• (B) notwithstanding that notice of the application has previously been given to prescribed bodies, shall give additional such notice in accordance with the permission regulations, and

• (C) notwithstanding anything contained in paragraph (b) or (c), or that the authority has previously been given further information or evidence under those paragraphs may require the applicant to give to the authority further information or to produce evidence in respect of the application as the authority requires and paragraph (b) or (c), as appropriate, shall apply to such additional request subject to any necessary modifications,

and the planning authority shall consider any submissions made in accordance with the Regulations following on such additional notices, or additional further information or evidence produced under this clause.

• (vii) Any payment or refund due to be paid under this paragraph shall be paid as soon as may be and in any event not later than 4 weeks after it becomes due.

• (viii) In this paragraph, "appropriate sum" means a sum which is equal to the lesser amount of 3 times the prescribed fee paid by the applicant to the planning authority in respect of his or her application for permission or €10,000.]

• F306[(g) This subsection is subject to sections 34D, 34E, 34F, 34G and 34H.]

• (9) F306[Subject to sections 34E(2), 34F(2), 34G(3) and 34H(7) where], within the period of 8 weeks beginning on the date of receipt by the planning authority of the application, the applicant for a permission under this section gives to the planning authority in writing his or her consent to the extension of the period for making a decision under subsection (8), the period for making the decision shall be extended for the period consented to by the applicant.

• (10)
• (a) F307[Subject to paragraph (c) and without prejudice to section 172(1I), a decision] given under this section or section 37 and the notification of the decision shall state the main reasons and considerations on which the decision is based, and where conditions are imposed in relation to the grant of any permission the decision shall state the main reasons for the imposition of any such conditions, provided that where a condition imposed is a condition described in subsection (4), a reference to the paragraph of subsection (4) in which the condition is described shall be sufficient to meet the requirements of this subsection.

• (b) Where a decision by a planning authority under this section or by the Board under section 37 to grant or to refuse permission is different, in relation to the granting or refusal of permission, from the recommendation in—

• (i) the reports on a planning application to the F308[chief executive] (or such other person delegated to make the decision) in the case of a planning authority, or

• (ii) a report of a person assigned to report on an appeal on behalf of the Board,

a statement under paragraph (a) shall indicate the main reasons for not accepting the recommendation in the report or reports to grant or refuse permission.

• F309[(c) Where, in the case of an application for planning permission accompanied by an environmental impact assessment report, a decision by a planning authority under this section or by the Board under section 37, as the case may be—

• (i) to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report) in relation to the grant of permission is materially different, in relation to the terms of such condition, from the recommendation in—

• (I) the reports on a planning application to the chief executive (or such other person delegated to make the decision) in the case of a planning authority, or

• (II) a report of a person assigned to report on an appeal on behalf of the Board,

as the case may be, a statement under paragraph (a) shall indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the reports or report in relation to such condition referred to in clause (I) or (II), as the case may be,

• (ii) to grant, subject to or without conditions, permission, such permission shall include or refer to a statement that the planning authority or the Board, as the case may be, is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, and

• (iii) shall include a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.]

• (11)
• (a) Where the planning authority decides under this section to grant a permission—

• (i) in case no appeal is taken against the decision, it shall make the grant as soon as may be after the expiration of the period for the taking of an appeal,

• (ii) in case an appeal or appeals is or are taken against the decision, it shall not make the grant unless, as regards the appeal or, as may be appropriate, each of the appeals—

• (I) it is withdrawn, or

• (II) it is dismissed by the Board pursuant to section 133 or 138, or

• (III) in relation to it a direction is given to the authority by the Board pursuant to section 139, and, in the case of the withdrawal or dismissal of an appeal or of all such appeals, as may be appropriate, it shall make the grant as soon as may be after such withdrawal or dismissal and, in the case of such a direction, it shall make the grant, in accordance with the direction, as soon as may be after the giving by the Board of the direction.

• (b) Where the Board decides on appeal under section 37 to grant a permission, it shall make the grant as soon as may be after the decision.

F291[F310[(12) A planning authority shall refuse to consider an application to retain unauthorised development of land where it decides that either or both of the following was required or is required in respect of the development:

• (a) an environmental impact assessment;

• (b) an appropriate assessment.]

• (12A) For the purposes of subsection (12), F311[an application in respect of the following development shall be deemed not to have required, and not to require, a determination as to whether an environmental impact assessment is required]:

• (a) development within the curtilage of a dwelling house, for any purpose incidental to the enjoyment of the dwelling house as a dwelling house;

• (b) modifications to the exterior of a building.

• (12B) Where a planning authority refuses to consider an application for permission under subsection (12) it shall return the application to the applicant, together with any fee received from the applicant in respect of the application, and shall give reasons for its decision to the applicant.

• (12C) Subject to subsections (12) and (12A), an application for development of land in accordance with the permission regulations may be made for the retention of unauthorised development, and this section shall apply to such an application, subject to any necessary modifications.]

• (13) A person shall not be entitled solely by reason of a permission under this section to carry out any development.

34A. F313[Interpretation - sections 34B, 34C, 37R and 37S

34A.—(1) Section 2 (other than section 2 (3) (b)) of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall apply to the interpretation of this section and sections 34B, 34C, 37R and 37S, paragraph 20C of the Fourth Schedule, and paragraph 17A of the Fifth Schedule, as such section 2 applies to the interpretation of that Act.

• (2) In sections 34B and 34C, "noise mitigation measures" includes land-use planning and management measures, measures to reduce noise at source and noise abatement operational measures (other than operating restrictions) that do not restrict the capacity of the airport.]

34B. F314[Supplementary provisions relating to proposed development at Dublin Airport

34B.—(1)(a)(i) Where the planning authority receives an application under section 34 for development at the airport, it shall, as soon as is practicable after such receipt—

• (I) give a copy of the application to the competent authority, and

• (II) enter into consultations with the competent authority for the purposes of giving such assistance as the competent authority may require in order to enable the competent authority, within 4 weeks of the competent authority receiving such copy, to either form the opinion referred to in subparagraph (iii) or to conclude that it is not of that opinion.

• (ii) The competent authority shall, where it concludes that it is not of the opinion referred to in subparagraph (iii), as soon as is practicable after it so concludes, give notice in writing of that conclusion to the planning authority.

• (iii) The following provisions of this section apply where the competent authority, in considering the application, forms the opinion that the development—

• (I) contains a proposal requiring the assessment for the need for a noise-related action, or

• (II) indicates that a new operating restriction may be required.

• (b) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to the performance by the competent authority of its functions under this section.

• (c) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions referred to in this section as those subsections apply to measures and restrictions referred to in those subsections.

• (2) The competent authority shall, as soon as is practicable after it forms the opinion referred to in subsection (1)(a)(iii), give notice in writing to the planning authority of that opinion and the planning authority shall, as soon as is practicable after receiving the notice, consult with the competent authority in relation to, as appropriate, one or more of the following matters:

• (a) any aspect of the development relating to noise that may arise in the operation of the development if it is carried out (including any such aspect relating to appropriate assessment or environmental impact assessment);

• (b) any noise problem that would arise from the carrying out of the development as proposed, taking account of any noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the application and any further information subsequently sought by the relevant authority from the applicant in relation to those matters and given by the applicant to the planning authority and the competent authority;

• (c) where a noise problem would arise from the carrying out of the development as proposed—

• (i) any information on the application of the Balanced Approach to the consideration of the inclusion of noise mitigation measures or operating restrictions (if any), or any combination thereof, in the application and any further information subsequently sought by the relevant authority from the applicant in relation to those matters and given by the applicant to the planning authority and the competent authority,

• (ii) whether noise mitigation measures or operating restrictions (if any), or any combination thereof, not proposed in the application are or is required and any information or plans subsequently sought by the relevant authority from the applicant in relation to such measures or restrictions, or combination thereof, as the case may be, and given by the applicant to the planning authority and the competent authority,

• (iii) any information subsequently sought by the relevant authority from the applicant in relation to the application of the Balanced Approach to the noise mitigation measures or operating restrictions, or combination thereof, referred to in subparagraph (ii) and given by the applicant to the planning authority and the competent authority, and

• (iv) subject to subsection (4), whether permission could, in so far as noise-related issues are concerned, be granted for the development subject to conditions specified by the competent authority relating to noise mitigation measures or operating restrictions (if any), or any combination thereof.

• (3)
• (a) In subsection (2) and paragraph (b), ‘relevant authority’ means the planning authority or the competent authority.

• (b) Where the applicant gives any information or plans referred to in subsection (2) to one relevant authority, the applicant shall, on the same date (or as soon as is practicable thereafter), give copies of such information or plans, as the case may be, to the other relevant authority.

• (4) Notwithstanding any other provision of this Act, the planning authority shall neither decide to refuse permission for the development nor decide to grant such permission subject to or without conditions until it receives a notice under subsection (5) or (14)(a)(ii) from the competent authority in respect of the application.

• (5)
• (a) Paragraph (b) applies where the competent authority is satisfied that permission should not be granted for the development for the reason that inadequate provision has been made in the application (or in any plans or further information, or both, subsequently given by the applicant to the planning authority and the competent authority) to deal with the noise problem that would arise from the carrying out of the development as proposed.

• (b) The competent authority shall, as soon as is practicable after it is so satisfied, give a notice in writing to the planning authority, stating the competent authority’s reasons why it is so satisfied, and directing the planning authority to refuse permission for the development.