PLANNING AND DEVELOPMENT ACT, 2000

• (a) a copy of the planning application and of any particulars, evidence, F403[environmental impact assessment report], other written study or further information received or obtained by the authority from the applicant in accordance with regulations under this Act;

• (b) a copy of any submissions or observations in relation to the planning application which have been received by the authority;

• (c) a copy of any report prepared by or for the authority in relation to the planning application;

• (d) a copy of the decision of the authority in respect of the planning application and a copy of the notification of the decision given to the applicant; and

• (e) a copy of any documents relating to a contribution or other matter referred to in section 34 (5).

• F404[(1A) Details of any telephone numbers of the applicant or addresses for communication with the applicant in electronic form provided by or on behalf of the applicant shall be taken not to be part of the planning application and shall not be made available by a planning authority to members of the public.]

• (2) Without prejudice to the Freedom of Information Act, 1997, and the European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998 (S.I. No. 125 of 1998), and any regulations amending those regulations, F405[…] the documents referred to under subsection (1) shall be available for inspection for a period of not less than 7 years after the making of the decision by the authority.

F406[(3)(a) Where a planning application is not accompanied by an environmental impact assessment report, any other document referred to in subsection (1)(a) or (b) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority by placing the document on the authority’s website for inspection or in other electronic form.

• (b) Where a planning application is accompanied by an environmental impact assessment report—

• (i) a document referred to in subsection (1)(a) which is received or obtained by a planning authority shall be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document and may also be made available for inspection by the authority in other electronic form,

• (ii) a document referred to in subsection (1)(b) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority for inspection by placing the document on the authority’s website or in other electronic form, and

• (iii) a document referred to in subsection (1)(c), (d) or (e) which is received or obtained by a planning authority shall be placed on its website for inspection within 3 working days of the giving of the decision in respect of the application.]

• F407[(3A) Without prejudice to the Freedom of Information Act 2014, and the European Communities (Access to Information on the Environment) Regulations 2007 to 2014, and any regulations amending those regulations, and the Data Protection Acts 1988 to 2018, the documents placed on the planning authority’s website pursuant to subsection (3)(b) shall be maintained and available for inspection thereon in perpetuity.]

• (4) Copies of documents under this section shall be available for purchase on payment of a specified fee not exceeding the reasonable cost of making such a copy.

• (5) At the end of the period for the availability of documents referred to in subsection (2), a planning authority shall retain at least one original copy of each of those documents in a local archive in accordance with section 65 of the Local Government Act, 1994.

• (6) The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of documents relating to planning applications.

• (7) This section shall apply in respect of any application made to a planning authority after the commencement of this section.

39. Supplemental provisions as to grant of permission.

39.—(1) Where permission to develop land or for the retention of development is granted under this Part, then, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land and of all persons for the time being interested therein.

• (2) Where permission is granted under this Part for a structure, the grant of permission may specify the purposes for which the structure may or may not be used, and in case the grant specifies use as a dwelling as a purpose for which the structure may be used, the permission may also be granted subject to a condition specifying that the use as a dwelling shall be restricted to use by persons of a particular class or description and that provision to that effect shall be embodied in an agreement under section 47.

• (3)
• (a) Where permission to develop land is granted under this Part for a limited period only, nothing in this Part shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

• (b) In determining for the purposes of this subsection the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land begun in contravention of this Part.

• (4) Notwithstanding anything in this Part, permission shall not be required under this Part, in the case of land which, on 1 October, 1964, was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for any other purpose, for the use of the land for that other purpose on similar occasions after 1 October, 1964.

40. Limit of duration of permission.

40.—(1) Subject to subsection (2), a permission granted under F409[this Part or Part XXI], shall on the expiration of the appropriate period (but without prejudice to the validity of anything done pursuant thereto prior to the expiration of that period) cease to have effect as regards—

• (a) in case the development to which the permission relates is not commenced during that period, the entire development, and

• (b) in case the development is commenced during that period, so much of the development as is not completed within that period.

• (2)
• (a) Subsection (1) shall not apply—

• (i) to any permission for the retention on land of any structure,

• (ii) to any permission granted either for a limited period only or subject to a condition which is of a kind described in section 34(4)(n),

• (iii) in the case of a house, shop, office or other building which itself has been completed, in relation to the provision of any structure or works included in the relevant permission and which are either necessary for or ancillary or incidental to the use of the building in accordance with that permission, or

• (iv) in the case of a development comprising a number of buildings of which only some have been completed, in relation to the provision of roads, services and open spaces included in the relevant permission and which are necessary for or ancillary or incidental to the completed buildings.

• (b) Subsection (1) shall not affect—

• (i) the continuance of any use, in accordance with a permission, of land,

• (ii) where a development has been completed (whether to an extent described in paragraph (a) or otherwise), the obligation of any person to comply with any condition attached to the relevant permission whereby something is required either to be done or not to be done.

• (3) F408[In this section and sections 42 and 42A,], “the appropriate period” means—

• (a) in case in relation to the permission a period is specified pursuant to section 41, that period, and

• (b) in any other case, the period of five years beginning on the date of the grant of permission.

41. F410[Power to vary appropriate period.

41.—(1) Without prejudice to the powers conferred on them by F411[this Part and Part XXI] to grant a permission to develop land for a limited period only, in deciding to grant a permission under F411[section 34, 37, 37G, 37N or 293], a planning authority or the Board, as may be appropriate, may, having regard to the nature and extent of the relevant development and any other material consideration, specify the period during which the permission is to have effect, being a period—

• (a) in the case of all development requiring permission, of not less than 2 years, and

• (b) in the case of residential development requiring permission, of not more than 10 years,

and where the planning authority or the Board exercises, or refuses to exercise, the power conferred on it by this section, the exercise or refusal shall be regarded as forming part of the relevant decision of the authority or the Board under F411[section 34, 37, 37G, 37N or 293].

• (2) Where an application for permission relates to a residential development comprising 10 or more houses—

• (a) material considerations in subsection (1) may include 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

• (b) 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).]

42. Power to extend appropriate period.

F412[42.—(1) F413[On application to it in that behalf, F414[but subject to subsections (1B) and (8)],] a planning authority shall, as regards a particular permission, extend the appropriate period by such additional period not exceeding 5 years as the authority considers requisite to enable the development to which the permission relates to be completed provided that each of the following requirements is complied with:

• F415[(a) (i) the authority is satisfied that—

• (I) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,

• (II) F416[…]

• (III) substantial works were carried out pursuant to the permission during that period, and

• (IV) the development will be completed within a reasonable time,]

• (b) the application is in accordance with such regulations under this Act as apply to it,

• (c) any requirements of, or made under those regulations are complied with as regards the application, and

• (d) the application is duly made prior to the end of the appropriate period.

• F417[(1A) Where development consisting of, or including, one or more than one house in respect of which permission was granted has not commenced within the appropriate period, a planning authority shall, subject to subsection (8), extend the appropriate period by such additional period (not exceeding 3 years) as the planning authority considers requisite to enable the development concerned to be completed, provided that—

• (a) an application is made (in accordance with such regulations under this Act as apply to such an application)—

• (i) before, but not earlier than 2 years before, the end of the appropriate period, and

• (ii) not later than 6 months after the date on which section 28 of the Planning and Development (Amendment) Act 2025 comes into operation,

to the planning authority for an extension of the appropriate period, and

• (b) the authority is satisfied that the development will be completed within a reasonable time.

• (1B) A person shall not be entitled to make an application under subsection (1) if the appropriate period in respect of the permission concerned was, at any time, extended under subsection (1A)].

• (2) In extending the appropriate period under F414[subsection (1) or (1A)] a planning authority may attach conditions requiring the giving of adequate security for the satisfactory completion of the proposed development, and/or may add to or vary any conditions to which the permission is already subject under section 34(4)(g).

• (3)
• (a) Where an application is duly made under this section to a planning authority and any requirements of, or made under, regulations under section 43 are complied with as regards the application, the planning authority shall make its decision on the application as expeditiously as possible.

• (b) Without prejudice to the generality of paragraph (a), it shall be the objective of the planning authority to ensure that it shall give notice of its decision on an application under this section within the period of 8 weeks beginning on—

• (i) in case all of the requirements referred to in paragraph (a) are complied with on or before the day of receipt by the planning authority of the application, that day, and

• (ii) in any other case, the day on which all of those requirements stand complied with.

• F415[(4) A decision to extend the appropriate period of a permission F417[under subsection (1)] shall be made not more than twice under this section and a planning authority shall not further extend the appropriate period. Where a second decision to extend an appropriate period is made under this section, the combined duration of the 2 extensions of the appropriate period shall not exceed 5 years.]

• F417[(4A) Where a planning authority has extended the appropriate period in relation to a permission under subsection (1A), that planning authority may, subject to subsections (4B), (4C), (7A) and (8), extend the appropriate period by such further additional period as the planning authority considers requisite to enable the development concerned to be completed, provided that—

• (a) an application is made (in accordance with such regulations under this Act as apply to such an application) before, but not earlier than 2 years before, the end of the appropriate period to the planning authority for a further extension of the appropriate period, and

• (b) the planning authority is satisfied that the development will be completed within a reasonable time.

• (4B) A person shall not be entitled to make an application under subsection (4A) if the appropriate period in respect of the permission concerned was already extended under that subsection.

• (4C) The aggregate of the extensions of the appropriate period under subsections (1A) and (4A) shall not exceed 5 years.]

• (5) Particulars of any application made to a planning authority under this section and of the decision of the planning authority in respect of the application shall be recorded on the relevant entry in the register.

• (6) Where a decision to extend is made under this section, section 40 shall, in relation to the permission to which the decision relates, be construed and have effect, subject to, and in accordance with, the terms of the decision.

• (7) Notwithstanding subsection (1) or (4), where a decision to extend an appropriate period has been made by a planning authority prior to the coming into operation of this section, the planning authority, where an application is made to it in that behalf prior to the expiration of the period by which the appropriate period was extended, may further extend the appropriate period provided that each of the following requirements is complied with—

• (i) an application is made in that behalf in accordance with regulations under section 43,

• (ii) any requirements of, or made under, the regulations are complied with as regards the application, and

• (iii) the authority is satisfied that the relevant development has not been completed due to circumstances beyond the control of the person carrying out the development.]

• F417[(7A) A planning authority shall not grant an extension under subsection (4A) unless it is satisfied that—

• (a) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,

• (b) substantial works were carried out pursuant to the permission during that period, and

• (c) the development will be completed within a reasonable time.].

• F418[(8) A planning authority shall not extend the appropriate period under this section in relation to a permission if an environmental impact assessment or an appropriate assessment would be required in relation to the proposed extension concerned.]

• F417[(9) An extension of the appropriate period under subsection (1A) shall cease to have effect if the development to which the extension relates is not commenced before the expiration of the period of 18 months from the date on which section 28 of the Planning and Development (Amendment) Act 2025 comes into operation.

• (10) In this section "permission" includes permission under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016.]

42A. F419[Power to extend appropriate period on application of NAMA.

42A.—F420[…]]

F421[Modification to operation of section 42 of Act of 2000 having regard to Covid-19

42B.—During the period beginning on the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023, section 42 shall be construed and have effect—

• (a) as if the following subsection were inserted after subsection (1A):

• "(1B) Notwithstanding anything to the contrary in subsection (1), (1A) or (4) a planning authority shall—

• (a) as regards a particular permission in respect of a development, and

• (b) upon application being duly made to the authority setting out the reasons why the development cannot be reasonably completed within the appropriate period,

further extend the appropriate period, as extended or further extended, by such additional period not exceeding 2 years or until 31 December 2023, whichever first occurs, but the authority shall only so extend that period where the authority—

• (i) is satisfied that an environmental impact assessment or an appropriate assessment would not be required in relation to the proposed extension of the appropriate period,

• (ii) considers that the extension is required to enable the development to which the permission relates to be completed,

• (iii) is satisfied that the application is in accordance with such regulations under the Planning and Development Acts 2000 to 2021 as apply to the application,

• (iv) is satisfied that any requirements of, or made under, those regulations are complied with as regards the application,

• (v) is satisfied that the development to which the permission relates was—

• (I) commenced, and

• (II) substantial works were carried out, before the expiration of the appropriate period, as extended or further extended, and

• (vi) is satisfied that in the case of a permission—

• (I) where the expiry of the appropriate period as extended or further extended occurred or occurs during the period beginning on 8 January 2021 and ending on the day before the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation, the application is duly made within 6 months of the date on which the said section 7 comes into operation, or

• (II) where the appropriate period, as extended or further extended, expires on or after the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation, the application is duly made within the period prescribed for the purposes of section 43(2).",

• (b) as if in subsection (2)—

• (i) during the period beginning on the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on the date on which the amendments to section 42 effected by section 28 (2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted "subsection (1), (1A) or (1B)" for "subsection (1) or (1A)", and

• (ii) during the period beginning on the date that is the day after the date on which the amendments to section 42 effected by section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted "subsection (1) or (1B)" for "subsection (1)", and

• (c) as if in subsection (4)—

• (i) during the period beginning on the date on which section 7 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on the date on which the amendments to section 42 effected by section 28 (2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted "Except where subsection (1A) or (1B) applies, a decision" for "Except where subsection (1A) applies, a decision", and

• (ii) during the period beginning on the date that is the day after the date on which the amendments to section 42 effected by section 28 (2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 cease to have effect, there were substituted "Except where subsection (1B) applies, a decision" for "A decision".]

43. Regulations regarding sections 40, 41 and 42.

43.—(1) The Minister may make regulations providing for any matter of procedure in relation to applications under section 42 and making such incidental, consequential or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of section 40, 41 or 42.

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

• (a) specify the time at which applications under section 42 may be made, the manner in which those applications shall be made and the particulars they shall contain,

• (b) require applicants to furnish to the planning authority any specified information with respect to their applications (including any information regarding any estate or interest in or right over land),

• (c) require applicants to submit to a planning authority any further information relevant to their applications (including any information as to any such estate, interest or right),

• (d) require the production of any evidence to verify any particulars or information given by any applicant, and

• (e) require the notification (in a prescribed manner) by planning authorities of decisions on applications.

44. Revocation or modification of permission.

44.—(1) If the planning authority considers that it is expedient that any permission to develop land granted under F422[this Part or Part XXI] should be revoked or modified, it may serve a notice in accordance with subsection (3) on the applicant and on any other person who, in its opinion, will be materially affected by the revocation or modification.

• (2) A planning authority shall neither revoke nor modify a permission under this section unless the development to which the permission relates no longer conforms with the provisions of the development plan.

• (3) The notice referred to in subsection (1) shall—

• (a) refer to the permission concerned,

• (b) specify the provisions of the development plan to which the permission no longer conforms, and

• (c) invite the person or persons served with the notice to make written submissions or observations to the planning authority within the period specified in the notice (being not less than 4 weeks from the service of the notice) concerning the proposed revocation or modification.

• (4) A planning authority may decide to revoke or modify a permission and, when making its decision, shall have regard to any submissions or observations made under subsection (3) (c).

• (5) Where a planning authority decides to revoke or modify a permission under subsection (4), it shall specify in the decision the provisions of the development plan to which the permission no longer conforms, and the main reasons and considerations on which the decision is based.

• (6) A person served with a notice under subsection (1) may, at any time within 4 weeks of the date of the decision, appeal to the Board against the decision.

• (7) Where an appeal is brought under this section against a decision, the Board may confirm the decision with or without modifications, or annul the decision, and it shall specify the main reasons and considerations for its decision.

• (8) The power conferred by this section to revoke or modify permission to develop land may be exercised—

• (a) where the permission relates to the carrying out of works, at any time before those works have been commenced or, in the case of works which have been commenced and which, consequent on the making of a variation in the development plan, will contravene the plan, at any time before those works have been completed,

• (b) where the permission relates to a change of the use of any land, at any time before the change has taken place,

but the revocation or modification of permission for the carrying out of works shall not affect so much of the works as have been previously carried out.

• (9) A planning authority may at any time, for stated reasons, by notice in writing withdraw a notice served under this section.

• (10) Particulars of a decision made under this section shall be entered in the register.

• (11) The revocation or modification under this section of a permission shall be a reserved function.

44A. F423[Revocation or modification of planning permission for certain reasons

44A.—(1) The Minister may, upon the request of the Minister for Justice and Equality, the Minister for Foreign Affairs and Trade or the Minister for Defence and with the approval of the Government, make an order revoking or modifying a grant of permission under this Act if he or she is satisfied that—

• (a) the carrying out of the development to which the grant of permission relates is likely to be harmful to—

• (i) the security or defence of the State, or

• (ii) the State’s relations with other states,

and

• (b) the revocation or modification concerned is necessary in the public interest.

• (2) The Minister may, before making an order under this section, consult with—

• (a) the planning authority that granted the permission concerned,

• (b) the person to whom the permission was granted, or

• (c) any other person who, in the opinion of the Minister, is likely to be materially affected by the making of such order,

but shall not so consult if he or she considers that to do so would be harmful to the security or defence of the State or to the State’s relations with other states.

• (3) This section shall apply to permissions whether granted before, on or after the passing of the Planning and Development (Amendment) Act 2018.

• (4) Where an order is made under this section, the planning authority that granted the permission to which the order relates shall, within such period as may be specified in the order, serve—

• (a) a notice in writing on—

• (i) the person to whom the permission concerned was granted, and

• (ii) any other person specified in the order,

informing him or her of the revocation or modification effected by the order, and

• (b) a notice in writing—

• (i) in the case of development commenced but not completed, on any person carrying out the development in respect of which the permission was granted, or on whose behalf such development is being carried out, requiring him or her to cease the development and restore the land, on which the development concerned is being carried out, to the condition it was in before the development commenced, or

• (ii) in the case of development completed, on any person who carried out the development, or on whose behalf the development was carried out, requiring him or her to restore the land, on which the development concerned was carried out, to the condition it was in before the development was commenced.

• (5) A person on whom a notice is served under paragraph (b) of subsection (4) shall comply with the notice.

• (6)
• (a) The Minister shall, as soon as practicable after the making of an order under this section, give a copy of the order to the planning authority that granted the permission to which the order relates.

• (b) A planning authority shall, as soon as practicable after the copy of an order has been given to it in accordance with paragraph (a), give a copy of the order to—

• (i) the person to whom the permission to which the order applies was granted, and

• (ii) any other person the Minister may direct.

• (7) A permission to which an order under this section applies shall, upon the making of the order, stand revoked or modified, as may be appropriate, in accordance with the order.

• (8) Any development carried out in contravention of an order under this section shall be an unauthorised development.

• (9) Where the Minister makes an order revoking an order under this section—

• (a) the second-mentioned order shall, for all purposes, be deemed never to have been made, and the register shall be amended accordingly, and

• (b) the period between the making of the second-mentioned order and the first-mentioned order shall not be reckonable for the purpose of calculating the period since the granting of the permission.

• (10) The Minister shall not, in relation to a permission, make an order under this section if the period since the grant of the permission exceeds 5 years.

• (11) The making of an order under this section shall be recorded in the register as soon as may be after it is made.

• (12)
• (a) Any proceedings before a court relating to an order under this section shall be heard in camera.

• (b) A court before which proceedings relating to an order under this section are heard shall take all reasonable precautions to prevent the disclosure—

• (i) to the public, or

• (ii) where the court considers it appropriate, to any party to the proceedings,

of any evidence given or document submitted for the purposes of the proceedings, the disclosure of which, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.

• (c) Without prejudice to the generality of paragraph (b), precautions referred to in that paragraph may include—

• (i) the prohibition of the disclosure of such evidence or documentation as the Court may determine, and

• (ii) the hearing, in the absence of any person or persons including any party to the proceedings, of any evidence or the examination of any witness or document that, in the opinion of the Court, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.]

44B. F424[Modification of permission for residential development

44B.— ...]

45. Acquisition of land for open spaces.

45.—(1) Where—

• (a) development is being or has been carried out pursuant to a permission under section 34,

• (b) (i) a condition requiring the provision or maintenance of land as open space, being open space to which this section applies, was attached to the permission, or

• (ii) it was either explicit or implicit in the application for the permission that land would be provided or maintained as such open space,

• (c) the planning authority has served on the owner of the land a written request that, within a period specified in the request (being a period of not less than 8 weeks commencing on the date of the request), he or she will provide, level, plant or otherwise adapt or maintain the land in a manner so specified, being a manner which in its opinion would make it suitable for the purpose for which the open space was to be provided, and

• (d) the owner fails to comply or to secure compliance with the request within the period so specified,

the planning authority may, if it thinks fit, publish in a newspaper circulating in the district a notice (an “acquisition notice”) of its intention to acquire the land by order under this section and the acquisition notice shall specify a period (being a period of not less than 4 weeks commencing on the date on which the notice is published) within which an appeal may be made under this section.

• (2) Where a planning authority publishes an acquisition notice, it shall serve a copy of the notice on the owner of the land to which the notice relates not later than 10 days after the date of the publication.

• (3) Any person having an interest in the land to which an acquisition notice relates may within the period specified in the notice appeal to the Board.

• (4) Where an appeal is brought under this section the Board may—

• (a) annul the acquisition notice to which the appeal relates, or

• (b) confirm the acquisition notice, with or without modification, in respect of all or such part of the relevant land as the Board considers reasonable.

• (5) If a planning authority publishes an acquisition notice and either—

• (a) the period for appealing against the notice has expired and no appeal has been taken, or

• (b) an appeal has been taken against the notice and the appeal has been withdrawn or the notice has been confirmed whether unconditionally or subject to modifications,

the planning authority may make an order in the prescribed form which order shall be expressed and shall operate to vest the land to which the acquisition notice, or, where appropriate, the acquisition notice as confirmed, relates in the planning authority on a specified date for all the estate, term or interest for which immediately before the date of the order the land was held by the owner together with all rights and liabilities which, immediately before that date, were enjoyed or incurred in connection therewith by the owner together with an obligation to comply with the request made under subsection (1)(c).

• (6) Where a planning authority has acquired by an order under this section land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Minister for Agriculture. Food and Rural Development or to the Commissioners, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to that Minister or to the Commissioners, as the case may be, of the annual sum or such portion thereof as shall be apportioned by that Minister or by the Commissioners, on the land as if the land had been transferred to the authority by the owner thereof on that date.

• (7) When a planning authority makes an order under this section in relation to any land, it shall send the order to the registering authority under the Registration of Title Act, 1964, and thereupon the registering authority shall cause the planning authority to be registered as owner of the land in accordance with the order.

• (8) Where a claim is made for compensation in respect of land to which an order under this section relates, the claim shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award and to the following provisions:

• (a) the arbitrator shall make a nil award, unless it is shown by or on behalf of the owner that an amount equal to the value of the land to which the relevant permission under section 34 relates, being that value at the time when the application for the permission was made, as a result of the development has not been recovered and as a further such result will not in the future be recoverable by disposing of the land which is land to which the permission relates and which is not land to which the order relates, and

• (b) in the assessment of the value of the land to which the order relates, no regard shall be had to its value for use other than as open space and a deduction shall be made in respect of the cost of carrying out such works as may be necessary to comply with the request made pursuant to subsection (1)(c).

• (9) A planning authority shall enter in the register—

• (a) particulars of any acquisition notice published by it,

• (b) the date and effect of any decision on appeal in relation to any such notice, and

• (c) particulars of any order made under this section,

and every entry shall be made within the period of 7 days commencing on the day of publication, receipt of notification of the decision or the making of the order, as may be appropriate.

• (10) This section applies to any form of open space (whether referred to as open space or by any other description in the relevant application for a permission or in a condition attached to the relevant permission), being land which is not described in the application or condition either as private open space or in terms indicating that it is not intended that members of the public are to have resort thereto without restriction.

46. Requiring removal or alteration of structure or discontinuance of use.

46.—(1) If a planning authority decides that, in exceptional circumstances—

• (a) any structure should be demolished, removed, altered or replaced,

• (b) any use should be discontinued, or

• (c) any conditions should be imposed on the continuance of a use,

the planning authority may serve a notice on the owner and on the occupier of the structure or land concerned and on any other person who, in its opinion, will be affected by the notice.

• (2) Subsection (1) shall not apply to any unauthorised development unless the notice under this section is served after seven years from the commencement of the unauthorised development.

• (3) A notice referred to in subsection (1) shall—

• (a) specify the location of the structure or land concerned,

• (b) specify the steps that will be required to be taken within a specified period, including, where appropriate—

• (i) the demolition, removal, alteration or replacement of any structure, or

• (ii) the discontinuance of any use or the continuance of any use subject to conditions,

and

• (c) invite any person served with the notice to make written submissions or observations to the planning authority in respect of the matters referred to in the notice within a specified period (being not less than 4 weeks from the date of service of the notice).

• (4) A planning authority may, having regard to any submissions or observations made in accordance with subsection (3) (c), decide to confirm the notice, with or without modifications, or not to confirm the notice.

• (5) A planning authority, in deciding whether to confirm a notice pursuant to this section, shall consider—

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

• (b) the provisions of the development plan,

• (c) the provisions of any special amenity area order, any European site or other area designated for the purposes of section 10(2) (c) relating to the area, and

• (d) any other relevant provision of this Act and any regulations made thereunder.

• (6) Where a notice is confirmed by a planning authority under subsection (4), any person served with the notice may, within 8 weeks of the date of service of the notice, appeal to the Board against the notice.

• (7) Where an appeal is brought under this section against a notice, the Board may confirm the notice with or without modifications or annul the notice, and the provisions of subsection (5) shall apply, subject to any necessary modifications, to the deciding of an appeal under this subsection by the Board, as they apply to the making of a decision by the planning authority.

• (8) A notice under this section (other than a notice which is annulled) shall take effect—

• (a) in case no appeal against it is taken, on the expiration of the period for taking an appeal, or

• (b) in case an appeal or appeals are taken against it and not withdrawn, when the appeal or appeals have been either withdrawn or decided.

• (9) If, within the period specified in a notice under this section, or within such extended period as the planning authority may allow, any demolition, removal, alteration or replacement required by the notice has not been effected, the planning authority may enter the structure and may effect such demolition, removal, alteration or replacement as is specified in the notice.

• (10) Where a notice under this section is complied with, the planning authority shall pay to the person complying with the notice the expenses reasonably incurred by the person in carrying out the demolition, removal, alteration or replacement specified in the notice, less the value of any salvageable materials.

• (11) Where any person served with a notice under this section fails to comply with the requirements of the notice, or causes or permits the failure to comply with the requirements, he or she shall be guilty of an offence.

• (12) Particulars of a notice served or confirmed under this section shall be entered in the register.

• (13)
• (a) A planning authority may, for stated reasons, by notice in writing withdraw a notice served under this section.

• (b) Where a notice is withdrawn pursuant to this subsection by a planning authority, the fact that the notice was withdrawn shall be recorded by the authority in the register.

47. Agreements regulating development or use of land.

47.—(1) A planning authority may enter into an agreement with any person interested in land in their area, for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be specified by the agreement, and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the planning authority to be necessary or expedient for the purposes of the agreement.

• (2) A planning authority in entering into an agreement under this section may join with any body which is a prescribed authority for the purposes of section 11.

• (3) An agreement made under this section with any person interested in land may be enforced by the planning authority, or any body joined with it, against persons deriving title under that person in respect of that land as if the planning authority or body, as may be appropriate, were possessed of adjacent land, and as if the agreement had been expressed to be made for the benefit of that land.

• (4) Nothing in this section, or in any agreement made thereunder, shall be construed as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by the Minister, the Board or the planning authority under this Act, so long as those powers are not exercised so as to contravene materially the provisions of the development plan, or as requiring the exercise of any such powers so as to contravene materially those provisions.

• (5) Particulars of an agreement made under this section shall be entered in the register.

48. Development contributions.

48.—(1) A planning authority may, when granting a permission under section 34, include conditions for requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority and that is provided, or that it is intended will be provided, by or on behalf of a local authority (regardless of other sources of funding for the infrastructure and facilities).

• (2)
• (a) Subject to paragraph (c), the basis for the determination of a contribution under subsection (1) shall be set out in a development contribution scheme made under this section, and a planning authority may make one or more schemes in respect of different parts of its functional area.

• (b) A scheme may make provision for payment of different contributions in respect of different classes or descriptions of development.

• (c) A planning authority may, in addition to the terms of a scheme, require the payment of a special contribution in respect of a particular development where specific exceptional costs not covered by a scheme are incurred by any local authority in respect of public infrastructure and facilities which benefit the proposed development.

• (3)
• (a) A scheme shall state the basis for determining the contributions to be paid in respect of public infrastructure and facilities, in accordance with the terms of the scheme.

• (b) In stating the basis for determining the contributions in accordance with paragraph (a), the scheme shall indicate the contribution to be paid in respect of the different classes of public infrastructure and facilities which are provided or to be provided by any local authority and the planning authority shall have regard to the actual estimated cost of providing the classes of public infrastructure and facilities, except that any benefit which accrues in respect of existing development may not be included in any such determination.

• (c) A scheme may allow for the payment of a reduced contribution or no contribution in certain circumstances, in accordance with the provisions of the scheme.

• F425[(3A) Where a permission which includes conditions referred to in subsection (1) has been granted under section 34 in respect of a development and the basis for the determination of the contribution under subsection (1) has changed—

• (a) where the development is one to which Part II of the Building Control Regulations 1997 (S.I. No. 496 of 1997) applies and a commencement notice within the meaning of that Part in respect of the development has not been lodged, or

• F426[(b) where the development comprises houses and one or more of those houses has not been rented, leased, occupied or sold,]

the planning authority shall apply that change to the conditions of the permission where to do so would reduce the amount of the contribution payable.

• F426[(3B) Where a development referred to in subsection (3A) comprises houses one or more of which has not been rented, leased, occupied or sold the planning authority shall apply the change in the basis for the determination of the contribution referred to in that subsection only in respect of any house or houses that have not been rented, leased, occupied or sold.]

• (3C) Where the planning authority applies a change in the basis for the determination of a development contribution under subsection (3A) it may amend a condition referred to in subsection (1) in order to reflect the change.]

• (4) Where a planning authority proposes to make a scheme under this section, it shall publish in one or more newspapers circulating in the area to which the scheme relates, a notice—

• (a) stating that a draft scheme has been prepared,

• (b) giving details of the proposed contributions under the draft scheme,

• (c) indicating the times at which, the period (which shall be not less than 6 weeks) during which, and the place where, a copy of the draft scheme may be inspected, and

• (d) stating that submissions or observations may be made in writing to the planning authority in relation to the draft scheme, before the end of the period for inspection.

• (5)
• (a) In addition to the requirements of subsection (4), a planning authority shall send a copy of the draft scheme to the Minister.

• (b) The Minister may make recommendations to the planning authority regarding the terms of the draft scheme, within 6 weeks of being sent the scheme.

• (6)
• (a) Not later than 4 weeks after the expiration of the period for making submissions or observations under subsection (4), the F427[chief executive] of a planning authority shall prepare a report on any submissions or observations received under that subsection, and submit the report to the members of the authority for their consideration.

• (b) A report under paragraph (a) shall—

• (i) list the persons or bodies who made submissions or observations under this section,

• (ii) summarise the issues raised by the persons or bodies in the submissions or observations, and

• (iii) give the response of the F427[chief executive] to the issues raised, taking account of the proper planning and sustainable development of the area.

• (7) The members of the planning authority shall consider the draft scheme and the report of the F427[chief executive] under subsection (6), and shall have regard to any recommendations made by the Minister under subsection (5).

• (8)
• (a) Following the consideration of the F427[chief executive’s report], and having had regard to any recommendations made by the Minister, the planning authority shall make the scheme, unless it decides, by resolution, to vary or modify the scheme, otherwise than as recommended in the F427[chief executive’s report], or otherwise decides not to make the scheme.

• (b) A resolution under paragraph (a) must be passed not later than 6 weeks after receipt of the F427[chief executive’s report].

• (9)
• (a) Where a planning authority makes a scheme in accordance with subsection (8), the authority shall publish notice of the making, or approving, of the scheme, as the case may be, in at least one newspaper circulating in its area.

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

• (i) give the date of the decision of the planning authority in respect of the draft scheme,

• (ii) state the nature of the decision, and

• (iii) contain such other information as may be prescribed.

• (10)
• (a) Subject to paragraph (b), no appeal shall lie to the Board in relation to a condition requiring a contribution to be paid in accordance with a scheme made under this section.

• (b) An appeal may be brought to the Board where an applicant for permission under section 34 considers that the terms of the scheme have not been properly applied in respect of any condition laid down by the planning authority.

• (c) Notwithstanding section 34(11), where an appeal is brought in accordance with paragraph (b), and no other appeal of the decision of a planning authority is brought by any other person under section 37, the authority shall make the grant of permission as soon as may be after the expiration of the period for the taking of an appeal. provided that the person who takes the appeal in accordance with paragraph (b) furnishes to the planning authority security for payment of the full amount of the contribution as specified in the condition.

• (11) Where an appeal is brought to the Board in respect of a refusal to grant permission under this Part, and where the Board decides to grant permission, it shall, where appropriate, apply as a condition to the permission the provisions of the contribution scheme for the time being in force in the area of the proposed development.

• (12) Where payment of a special contribution is required in accordance with subsection (2) (c), the following provisions shall apply—

• (a) the condition shall specify the particular works carried out, or proposed to be carried out, by any local authority to which the contribution relates,

• (b) where the works in question—

• F428[(i) are not commenced within 5 years of the date of payment to the authority of the contribution (or final instalment thereof, if paid by phased payment under subsection (15)(a)),

• (ii) have commenced, but have not been completed within 7 years of the date of payment to the authority of the contribution (or final instalment thereof, if paid by phased payment under subsection (15)(a)), or]

• (iii) where the local authority decides not to proceed with the proposed works or part thereof.

the contribution shall, subject to paragraph (c), be refunded to the applicant together with any interest that may have accrued over the period while held by the local authority,

• (c) where under subparagraph (ii) or (iii) of paragraph (b), any local authority has incurred expenditure within the required period in respect of a proportion of the works proposed to be carried out, any refund shall be in proportion to those proposed works which have not been carried out.

• (13)
• (a) Notwithstanding sections 37 and 139, where an appeal received by the Board after the commencement of this section relates solely to a condition dealing with a special contribution, and no appeal is brought by any other person under section 37 of the decision of the planning authority under that section, the Board shall not determine the relevant application as if it had been made to it in the first instance, but shall determine only the matters under appeal.

• (b) Notwithstanding section 34(11), where an appeal referred to in paragraph (a) is received by the Board, and no appeal is brought by any other person under section 37, the authority shall make the grant of permission as soon as may be after the expiration of the period for the taking of an appeal, provided that the person who takes the appeal furnishes to the planning authority, pending the decision of the Board, security for payment of the full amount of the special contribution as specified in the condition referred to in paragraph (a).

• (14)
• (a) Money accruing to a local authority under this section shall be accounted for in a separate account, and shall only be applied as capital for public infrastructure and facilities.

• (b) A report of a local authority under section 50 of the Local Government Act, 1991, shall contain details of monies paid or owing to it under this section and shall indicate how such monies paid to it have been expended by any local authority.

• (15)
• (a) A planning authority may facilitate the phased payment of contributions under this section, and may require the giving of security to ensure payment of contributions.

• (b) Where a contribution is not paid in accordance with the terms of the condition laid down by the planning authority, any outstanding amounts due to the planning authority shall be paid together with interest that may have accrued over the period while withheld by the person required to pay the contribution.

• (c) A planning authority may recover, as a simple contract debt in a court of competent jurisdiction, any contribution or interest due to the planning authority under this section.

• (16)
• (a) A planning authority shall make a scheme or schemes under this section within 2 years of the commencement of this section.

• (b) Notwithstanding the repeal of any enactment by this Act, the provisions of section 26 of the Act of 1963, in relation to requiring contributions in respect of expenditure by local authorities on works which facilitate development, shall continue to apply pending the making of a scheme under this section, but shall not apply after two years from the commencement of this section.

• (17) In this section—

“public infrastructure and facilities” means—

• (a) the acquisition of land,

• (b) the provision of open spaces, recreational and community facilities and amenities and landscaping works,

• F426[(c) the provision of roads, car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure,]

• (d) the provision of bus corridors and lanes, bus interchange facilities (including car parks for those facilities), infrastructure to facilitate public transport, cycle and pedestrian facilities, and traffic calming measures,

F428[F426[(e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, surface water sewers, flood relief work and ancillary infrastructure,]

• (f) the provision of high-capacity telecommunications infrastructure, such as broadband,

• (g) the provision of school sites, and

• (h) any matters ancillary to paragraphs (a) to (g).]

“scheme” means a development contribution scheme made under this section;

“special contribution” means a special contribution referred to in subsection (2)(c).

49. Supplementary development contribution schemes.

49.—F429[(1) A planning authority may, when granting a permission under section 34, include conditions requiring the payment of a contribution in respect of any public infrastructure service or project—

• (a) specified in a scheme made by the planning authority (in this section referred to as a "supplementary development contribution scheme"),

• (b) provided or carried out or proposed to be provided or carried out—

• (i) by a planning authority,

• (ii) where the provision of the infrastructure concerned is an objective in the development plan of a planning authority, or of a planning scheme of the Dublin Docklands Development Authority under section 25 of the Dublin Docklands Development Act 1997, by a public authority, or, pursuant to an agreement entered into by a public authority with any other person, by that person, or

• (iii) pursuant to an agreement entered into by a local authority with any other person, by that person,

and

• (c) that will benefit the development to which the permission relates when carried out.

• (1A) In this section, "public authority" means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section. ]

• (2)
• (a) The amount, and manner of payment, of a contribution under subsection (1) shall be determined in accordance with a supplementary development contribution scheme.

• (b) A supplementary development contribution scheme shall specify—

• (i) the area or areas within the functional area of the planning authority, and

• (ii) the public infrastructure project or service,

to which it relates, and more than one such scheme may be made in respect of a particular area.

• (c) A supplementary development contribution scheme may make provision for the payment of different contributions in respect of different classes or descriptions of development.

• (3) Subsections (3), (4), (5), (6), (7), (8), (9), (10), (11) and (15) of section 48 shall apply to a scheme subject to—

• (a) the modification that references in those subsections to a scheme shall be construed as references to a supplementary development contribution scheme,

• (b) any other necessary modifications, and

• (c) the provisions of this section.

• F430[(3A) Notwithstanding subsection (3) and section 48(10), the Board shall consider an appeal brought to it by an applicant for permission under section 34, in relation to a condition requiring the payment of a contribution in respect of a public infrastructure service or project specified in a supplementary development contribution scheme, where the applicant considers that the service or project will not benefit the development to which the permission relates and section 48(13) shall apply to such an appeal.]

• F431[(3AA) Subsections (3A), (3B) and (3C) of section 48 shall apply where the basis for the determination of a contribution under subsection (1) has changed subject to—

• (a) the modification that references in those subsections to a contribution shall be construed as references to a contribution to a supplementary development contribution scheme,

• (b) any other necessary modifications, and

• (c) the provisions of this section.]

• (4)
• (a) A planning authority may enter into an agreement with any person in relation to the carrying out, or the provision, as may be appropriate, of a public infrastructure project or service.

• (b) Without prejudice to the generality of paragraph (a), an agreement may make provision for—

• (i) the manner in which the service or project is to be provided or carried out, as the case may be, including provision relating to construction or maintenance of any infrastructure or operation of any service or facility,

• (ii) arrangements regarding the financing of the project or service and the manner in which contributions paid or owed to a planning authority pursuant to a condition under subsection (1) may be applied in respect of that project or service,

• (iii) the entry into such further agreements as may be necessary with any other person regarding the financing and provision of such service or carrying out of such project,

• (iv) the entry into force, duration and monitoring of the agreement (including the resolution of disputes).

• (5) A planning authority shall not, pursuant to a condition under subsection (1), require the payment of a contribution in respect of a public infrastructure project or service where the person concerned has made a contribution under section 48 in respect of public infrastructure and facilities of which the said public infrastructure project or service constituted a part.

• (6) A planning authority may, at any time, by resolution, amend a supplementary development contribution scheme for the purpose of modifying the manner of determining a contribution pursuant to a condition under subsection (1) where the cost of carrying out or providing, as the case may be, the public infrastructure project or service is less than the cost that was estimated when the planning authority first determined the amount of the contribution.

• (7) In this section, “public infrastructure project or service” means—

• (a) the provision of particular rail, light rail or other public transport infrastructure, including car parks and other ancillary development,

• (b) the provision of particular new roads,

• F432[(c) the provision of new surface water sewers and ancillary infrastructure,]

• F429[(d) the provision of new schools and ancillary infrastructure.]

50. F433[ Judicial review of applications, appeals, referrals and other matters.

50.—(1) Where a question of law arises on any matter with which the Board is concerned, the Board may refer the question to the High Court for decision.

• (2) A person shall not question the validity of any decision made or other act done by—

• (a) a planning authority, a local authority or the Board in the performance or purported performance of a function under this Act,

• (b) the Board in the performance or purported performance of a function transferred under F434[Part XIV,]

• (c) a local authority in the performance or purported performance of a function conferred by an enactment specified in section 214 relating to the compulsory acquisition of F434[land, or]

• F435[(d) the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019 ) in the performance or purported performance of any of its functions or F436[An Coimisiún Pleanála] in the performance or purported performance of its functions as the body to which an appeal from a decision of the said competent authority may be brought,]

otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) (the "Order").

• (3) Subsection (2)(a) does not apply to an approval or consent referred to in Chapter I or II of Part VI.

• (4) A planning authority, a local authority or the Board may, at any time after the bringing of an application for leave to apply for judicial review of any decision or other act to which subsection (2) applies and which relates to a matter for the time being before the authority or the Board, as the case may be, apply to the High Court to stay the proceedings pending the making of a decision by the authority or the Board in relation to the matter concerned.

• (5) On the making of such an application, the High Court may, where it considers that the matter before the authority or the Board is within the jurisdiction of the authority or the Board, make an order staying the proceedings concerned on such terms as it thinks fit.

• (6) Subject to subsection (8), an application for leave to apply for judicial review under the Order in respect of a decision or other act to which subsection (2)(a) applies shall be made within the period of 8 weeks beginning on the date of the decision or, as the case may be, the date of the doing of the act by the planning authority, the local authority or the Board, as appropriate.

• (7) Subject to subsection (8), an application for leave to apply for judicial review under the Order in respect of a decision or other act to which subsection (2)(b) or (c) applies shall be made within the period of 8 weeks beginning on the date on which notice of the decision or act was first sent (or as may be the requirement under the relevant enactment, functions under which are transferred under Part XIV or which is specified in section 214, was first published).

• (8) The High Court may extend the period provided for in subsection (6) or (7) within which an application for leave referred to in that subsection may be made but shall only do so if it is satisfied that—

• (a) there is good and sufficient reason for doing so, and

• (b) the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension.

• (9) References in this section to the Order shall be construed as including references to the Order as amended or replaced (with or without modification) by rules of court.]

• F437[(10) This section applies and has effect subject to section 50AA.]

50A. F438[Section 50: supplemental provisions.

50A.—(1) In this section—

"Court", where used without qualification, means the High Court (but this definition shall not be construed as meaning that subsections (2) to (6) and (9) do not extend to and govern the exercise by the Supreme Court of jurisdiction on any appeal that may be made);

"Order" shall be construed in accordance with section 50;

"section 50 leave" means leave to apply for judicial review under the Order in respect of a decision or other act to which section 50(2) applies.

• F439[(2)
• (a) An application for section 50 leave shall be made by motion ex parte and shall be grounded in the manner specified in the Order in respect of an ex parte motion for leave.

• (b) The Court hearing the ex parte application for leave may decide, having regard to the issues arising, the likely impact of the proceedings on the respondent or another party, or for other good and sufficient reason, that the application for leave should be conducted on an inter partes basis and may adjourn the application on such terms as it may direct in order that a notice may be served on that person.

• (c) If the Court directs that the leave hearing is to be conducted on an inter partes basis it shall be by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave)—

• (i) if the application relates to a decision made or other act done by a planning authority or local authority in the performance or purported performance of a function under this Act, to the authority concerned and, in the case of a decision made or other act done by a planning authority on an application for permission, to the applicant for the permission where he or she is not the applicant for leave,

• (ii) if the application relates to a decision made or other act done by the Board on an appeal or referral, to the Board and each party or each other party, as the case may be, to the appeal or referral,

• (iii) if the application relates to a decision made or other act done by the Board on an application for permission or approval, to the Board and to the applicant for the permission or approval where he or she is not the applicant for leave,