S.I. No. 600/2001 - Planning and Development Regulations, 2001

Table of Contents

Part	Content	Articles	Pages
1	Preliminary and General	1 - 4	1 - 4
2	Exempted Development	5 - 11	5 - 16
3	Plans and Guidelines	12 - 15	17 - 20
4	Control of Development	16 - 47	21 - 47
5	Housing Supply	48 - 50	48 - 49
6	Architectural Heritage	51 - 55	50 - 51
7	An Bord Pleanála	56 - 78	52 - 65
8	Requirements in respect of Specified Development by, on Behalf of, or in Partnership with, Local Authorities	79 - 85	66 - 75
9	Provisions with Respect to Certain Development by or on Behalf of State Authorities	86 - 91	76 - 83
10	Environmental Impact Assessment	92 - 132	84 - 109
11	Major Accidents Directive	133 - 155	110 - 121
12	Fees	156 - 172	122 - 128
13	Compensation	173 - 178	129 - 131
14	Strategic Development Zones	179	132 - 136
15	Disclosure of Interests, etc.	180 - 181	137 - 138
16	Licensing of Outdoor Events	182 - 199	139 - 147
17	Miscellaneous and Transitional	200 - 208	148 - 152
---	---	---
Schedule	Content	Page
1	Regulations revoked	153
2	Exempted Development	154 - 199
3	Prescribed Notices	200 - 202
4	Vesting Orders	203 - 208
5	Development for the purposes of Part 10	209 - 220
6	Information to be contained in an EIS	221 - 222
7	Criteria for determining whether a development would or would not be likely to have significant effects on the environment	223 - 224
8	Tables for the purposes of Part 11	225 - 226
9	Fees for Planning Applications	227 - 230
10	Miscellaneous Fees	231
11	Declarations	232 - 235
12	Licence fees under Section 254 of the Act in respect of specified appliances, apparatus and structures.	236 - 237

S.I. No. 600 of 2001.

PLANNING AND DEVELOPMENT REGULATIONS, 2001

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 4 , 10 , 11 , 12 , 13 , 20 , 24 , 33 , 34 , 43 , 45 , 51 , 55 , 73 , 75 , 85 , 97 , 100 , 105 , 106 , 142 , 147 , 150 , 169 , 172 , 173 , 174 , 175 , 176 , 177 , 179 , 181 , 185 , 192 , 221 (9) (as inserted by section 247 (k) of the Local Government Act, 2001 (No. 37 of 2001)), 230 , 231 , 238 , 246 , 254 and 262 of the Planning and Development Act, 2000 (No. 30 of 2000) hereby makes the following Regulations:

PART 1 Preliminary and General

Citation

1.

Commencement

2.

• (2) Part 4, 8, 9, 10, 11, 12, 13 and 17 and Chapter 2 of Part 7 and Schedules 3, 5, 6, 7, 8, 9, 10 and 12 and Form No. 3 of Schedule 4 of these Regulations shall come into operation on 11 March, 2002.

Interpretation.

3.

• (2) In these Regulations, any reference to a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to the sub-article, paragraph or sub-paragraph of the provision in which the reference occurs.

• (3) In these Regulations, except where the context otherwise requires—

“the 1994 Regulations” mean the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 ), as amended;

“the 1998 Regulations” means the Local Government (Planning and Development) (Fees) (Amendment) (No. 2) Regulations, 1998 ( S.I. No. 128 of 1998 );

“the 2001 Regulations” means the Local Government (Planning and Development) (Fees) Regulations, 2001 ( S.I. No. 525 of 2001 );

“the Act” means the Planning and Development Act, 2000 ;

“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);

“approved newspaper” means a newspaper approved by a planning authority for the purposes of these Regulations in accordance with article 18;

“bring facility” means a facility of purpose-built receptacles in which segregated domestic wastes may be deposited by the public, provided in an area to which the public have access;

“built-up area” means a city or town (where “city” and “town” have the meanings assigned to them by the Local Government Act, 2001 ) or an adjoining developed area;

“DTI Strategy” has the meaning assigned to it by the Dublin Transportation Office (Establishment) Order (Amendment) Order, 1999 ( S.I. No. 337 of 1999 );

“Dublin Docklands Area” has the meaning assigned to it by section 4 of the Dublin Docklands Development Authority Act, 1997 (No. 7 of 1997);

“EIS” means an environmental impact statement;

“establishment” means an establishment to which the Major Accident Regulations apply;

“gross floor space” means the area ascertained by the internal measurement of the floor space on each floor of a building (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to the primary purpose of the building;

“hazard” means the intrinsic property of a dangerous substance or physical situation, with a potential for creating damage to human health or the environment;

“Major Accident Regulations” means the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations, 2000 ( S.I. No. 476 of 2000 );

“minerals” means all minerals and substances in or under land of a kind ordinarily worked by underground or by surface working for the removal but does not include turf;

“motor vehicle” means a mechanically propelled vehicle for the purposes of the Road Traffic Act, 1961 (No. 24 of 1961);

“outline application” means an application for outline permission;

“outline permission” has the meaning assigned to it in section 36(6) of the Act;

“peat extraction” includes any related drainage of bogland;

“provision of an establishment” means development as a result of which an area would become an establishment;

“regional assembly” means a regional authority established by the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999 ( S.I. No. 226 of 1999 );

“transboundary State” means any State, other than Ireland, which is a Member State of the European Communities or a party to the Transboundary Convention.

• (4) In these Regulations, any reference to a permission under the Act shall include a reference to a permission under the Act of 1963, and any reference to conditions to which a permission is subject shall be construed accordingly.

• (5) In these Regulations, any reference to the making available for purchase of any document shall be construed as including the making available for purchase of an extract from such document.

Revocations.

4.

PART 2 Exempted Development

Interpretation for this Part.

5.

“aerodrome” means any definite and limited area (including water) intended to be used, either wholly or in part, for or in connection with the landing or departure of aircraft;

“airport” means an area of land comprising an aerodrome and any buildings, roads and car parks connected to the aerodrome and used by the airport authority in connection with the operation thereof;

“airport operational building” means a building other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at an airport;

“amusement arcade” means premises used for the playing of gaming machines, video games or other amusement machines;

“betting office” means premises for the time being registered in the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 (No. 27 of 1931);

“business premises” means—

• (a) any structure or other land (not being an excluded premises) which is normally used for the carrying on of any professional, commercial or industrial undertaking or any structure (not being an excluded premises) which is normally used for the provision therein of services to persons,

• (b) a hotel or public house,

• (c) any structure or other land used for the purposes of, or in connection with, the functions of a State authority;

“care” means personal care, including help with physical, intellectual or social needs;

“childminding” means the activity of minding no more than 6 children, including the children, if any, of the person minding, in the house of that person, for profit or gain;

“day centre” means non-residential premises used for social or recreational purposes or for the provision of care (including occupational training);

“Director of Telecommunications Regulation” means the Director of Telecommunications Regulation appointed under the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996);

“excluded premises” means—

• (a) any premises used for purposes of a religious, educational, cultural, recreational or medical character,

• (b) any guest house or other premises (not being a hotel) providing overnight guest accommodation, block of flats or apartments, club, boarding house or hostel,

• (c) any structure which was designed for use as one or more dwellings, except such a structure which was used as business premises immediately before 1 October, 1964 or is so used with permission under the Act;

“fish counter” means a device capable of mechanically or electrically enumerating fish as they pass a specific point or area;

“Greater Dublin Area” means the area comprising the County Borough of Dublin and the administrative counties of Dun Laoghaire-Rathdown, Fingal, Kildare, Meath, South Dublin and Wicklow;

“house” does not, as regards development of classes 1, 2, 3, 4, 6(b)(ii), 7 or 8 specified in column 1 of Part 1 of Schedule 2, or development to which articles 10(4) or 10(5) refer, include a building designed for use or used as 2 or more dwellings or a flat, an apartment or other dwelling within such a building;

“illuminated” in relation to any advertisement, sign or other advertisement structure means illuminated internally or externally by artificial lighting, directly or by reflection, for the purpose of advertisement, announcement or direction;

“industrial building” means a structure (not being a shop, or a structure in or adjacent to and belonging to a quarry or mine) used for the carrying on of any industrial process;

“light industrial building” means an industrial building in which the processes carried on or the plant or machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit;

“industrial process” means any process which is carried on in the course of trade or business, other than agriculture, and which is-

• (a) for or incidental to the making of any article or part of an article, or

• (b) for or incidental to the altering, repairing, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article, including the getting, dressing or treatment of minerals,

and for the purposes of this paragraph, “article” includes-

• (i) a vehicle, aircraft, ship or vessel, or

• (ii) a sound recording, film, broadcast, cable programme, publication and computer program or other original database;

“industrial undertaker” means a person by whom an industrial process is carried on and “industrial undertaking” shall be construed accordingly;

“mobile telephony” means public mobile telephony:

“painting” includes any application of colour;

“repository” means a structure (excluding any land occupied therewith) where storage is the principal use and where no business is transacted other than business incidental to such storage;

“shop” means a structure used for any or all of the following purposes, where the sale, display or service is principally to visiting members of the public—

• (a) for the retail sale of goods,

• (b) as a post office,

• (c) for the sale of tickets or as a travel agency,

• (d) for the sale of sandwiches or other food for consumption off the premises, where the sale of such food is subsidiary to the main retail use,

• (e) for hairdressing,

• (f) for the display of goods for sale,

• (g) for the hiring out of domestic or personal goods or articles,

• (h) as a launderette or dry cleaners,

• (i) for the reception of goods to be washed, cleaned or repaired,

but does not include any use associated with the provision of funeral services or as a funeral home, or as a hotel, a restaurant or a public house, or for the sale of hot food for consumption off the premises, except under paragraph (d) above, or any use to which class 2 or 3 of Part 4 of Schedule 2 applies;

“supermarket” means a self-service shop selling mainly food;

“telecommunications network” means the whole of the telecommunications infrastructure and any associated physical infrastructure of any network operator;

“telecommunications service” means services which consist wholly or partly in the transmission or routing of signals on a telecommunications network or both transmission and routing;

“wholesale warehouse” means a structure where business, principally of a wholesale nature is transacted, and goods are stored or displayed incidentally to the transaction of that business.

• (2) In Schedule 2, unless the context otherwise requires, any reference to the height of a structure, plant or machinery shall be construed as a reference to its height when measured from ground level, and for that purpose “ground level” means the level of the ground immediately adjacent to the structure, plant or machinery or, where the level of the ground where it is situated or is to be situated is not uniform, the level of the lowest part of the ground adjacent to it.

Exempted Development.

6.

• (2)
• (a) Subject to article 9, development consisting of the use of a structure or other land for the exhibition of advertisements of a class specified in column 1 of Part 2 of Schedule 2 shall be exempted development for the purposes of the Act, provided that—

• (i) such development complies with the conditions and limitations specified in column 2 of the said Part 2 opposite the mention of that class in the said column 1, and

• (ii) the structure or other land shall not be used for the exhibition of any advertisement other than an advertisement of a class which is specified in column 1 of the said Part 2 and which complies with the conditions and limitations specified in column 2 of the said Part 2 opposite the mention of that class in the said column 1.

• (b) Subject to article 9, development consisting of the erection of any advertisement structure for the exhibition of an advertisement of any one of the classes specified in column 1 of Part 2 of Schedule 2 shall be exempted development for the purposes of the Act, provided that—

• (i) the area of such advertisement structure which is used for the exhibition of an advertisement does not exceed the area, if any, specified in column 2 of the said Part 2 opposite the mention of that class in the said column 1,

• (ii) the advertisement structure is not used for the exhibition of advertisements other than advertisements of the class to which the exemption relates,

• (iii) further to section 57 of the Act, the advertisement structure is not erected on a protected structure or a proposed protected structure save an advertisement structure referred to in Classes 5, 9 or 15 of column 1 of Part 2 of Schedule 2,

• (iv) further to section 82 of the Act, the advertisement structure is not located on the exterior of a structure where the structure concerned is located within an architectural conservation area or an area specified as an architectural conservation area in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft development plan, so as to materially affect the character of the area, save an advertisement structure referred to in Classes 5, 9 or 15 of column 1 of Part 2 of Schedule 2, and

• (v) where the advertisement structure is within a Gaeltacht area, any advertisement exhibited is—

• (I) in Irish, or

• (II) in Irish and other languages, with prominence given to the Irish text, and identical content in all versions of the text.

• (3) Subject to article 9, in areas other than a city, a town or an area specified in section 19(1)(b) of the Act or the excluded areas as defined in section 9 of the Local Government (Reorganisation) Act, 1985 (No. 7 of 1985), development of a class specified in column 1 of Part 3 of Schedule 2 shall be exempted development for the purposes of the Act, provided that such development complies with the conditions and limitations specified in column 2 of the said Part 3 opposite the mention of that class in the said column 1.

• (4)
• (a) Subject to paragraph (b), the carrying out of such works as are necessary to secure compliance with the Building Regulations, 1997 ( S.I. No. 497 of 1997 ) shall, in the case of development consisting of the construction of a dwelling or dwellings in respect of which permission under Part IV of the Act of 1963 was granted before 1 June 1992, be exempted development.

• (b) Paragraph (a) shall not apply in the case of development consisting of the construction of a building designed for use as 2 or more separate dwellings.

Development under other enactments.

7.

• (2) Works consisting of or incidental to the carrying out of development referred to in section 54 (4) (a) of the Waste Management Act, 1996 (No. 10 of 1996) for the purpose of giving effect to a condition attached to a licence or revised licence granted by the Environmental Protection Agency under Part V of the said Act shall be exempted development.

Works specified in a drainage scheme

8.

Restrictions on exemption.

9.

• (a) if the carrying out of such development would—

• (i) contravene a condition attached to a permission under the Act or be inconsistent with any use specified in a permission under the Act.

• (ii) consist of or comprise the formation, laying out or material widening of a means of access to a public road the surfaced carriageway of which exceeds 4 metres in width,

• (iii) endanger public safety by reason of traffic hazard or obstruction of road users,

• (iv) except in the case of a porch to which class 7 specified in column 1 of Part 1 of Schedule 2 applies and which complies with the conditions and limitations specified in column 2 of the said Part 1 opposite the mention of that class in the said column 1, comprise the construction, erection, extension or renewal of a building on any street so as to bring forward the building, or any part of the building, beyond the front wall of the building on either side thereof or beyond a line determined as the building line in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,

• (v) consist of or comprise the carrying out under a public road of works other than a connection to a wired broadcast relay service, sewer, water main, gas main or electricity supply line or cable, or any works to which class 25, 26 or 31 (a) specified in column 1 of Part 1 of Schedule 2 applies,

• (vi) interfere with the character of a landscape, or a view or prospect of special amenity value or special interest, the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,

• (vii) consist of or comprise the excavation, alteration or demolition (other than peat extraction) of places, caves, sites, features or other objects of archaeological, geological, historical, scientific or ecological interest, the preservation of which is an objective of a development plan for the area in which the development is proposed or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan, save any excavation, pursuant to and in accordance with a licence granted under section 26 of the National Monuments Act, 1930 (No. 2 of 1930),

• (viii) consist of or comprise the extension, alteration, repair or renewal of an unauthorised structure or a structure the use of which is an unauthorised use,

• (ix) consist of the demolition or such alteration of a building or other structure as would preclude or restrict the continuance of an existing use of a building or other structure where it is an objective of the planning authority to ensure that the building or other structure would remain available for such use and such objective has been specified in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan,

• (x) consist of the fencing or enclosure of any land habitually open to or used by the public during the 10 years preceding such fencing or enclosure for recreational purposes or as a means of access to any seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility,

• (xi) obstruct any public right of way,

• (xii) further to the provisions of section 82 of the Act, consist of or comprise the carrying out of works to the exterior of a structure, where the structure concerned is located within an architectural conservation area or an area specified as an architectural conservation area in a development plan for the area or, pending the variation of a development plan or the making of a new development plan, in the draft variation of the development plan or the draft development plan and the development would materially affect the character of the area,

• (b) in an area to which a special amenity area order relates, if such development would be development:—

• (i) of class 1, 3, 11, 16, 21, 22, 27, 28, 29, 31, (other than paragraph (a) thereof), 33 (c) (including the laying out and use of land for golf or pitch and putt or sports involving the use of motor vehicles, aircraft or firearms), 39, 44 or 50(a) specified in column 1 of Part 1 of Schedule 2, or

• (ii) consisting of the use of a structure or other land for the exhibition of advertisements of class 1, 4, 6, 11, 16 or 17 specified in column 1 of Part 2 of the said Schedule or the erection of an advertisement structure for the exhibition of any advertisement of any of the said classes, or

• (iii) of class 3, 5, 6, 7, 8, 9, 10, 11, 12 or 13 specified in column 1 of Part 3 of the said Schedule, or

• (iv) of any class of Parts 1, 2 or 3 of Schedule 2 not referred to in subparagraphs (i), (ii) and (iii) where it is stated in the order made under section 202 of the Act that such development shall be prevented or limited,

• (c) if it is development to which Part 10 applies, unless the development is required by or under any statutory provision (other than the Act or these Regulations) to comply with procedures for the purpose of giving effect to the Council Directive,

• (d) if it consists of the provision of, or modifications to, an establishment, and could have significant repercussions on major accident hazards.

• (2) Sub-article (1)(a)(vi) shall not apply where the development consists of the construction by any electricity undertaking of an overhead line or cable not exceeding 100 metres in length for the purpose of conducting electricity from a distribution or transmission line to any premises.

Changes of use.

10.

• (a) involve the carrying out of any works other than works which are exempted development,

• (b) contravene a condition attached to a permission under the Act,

• (c) be inconsistent with any use specified or included in such a permission, or

• (d) be a development where the existing use is an unauthorised use, save where such change of use consists of the resumption of a use which is not unauthorised and which has not been abandoned.

• (2)
• (a) A use which is ordinarily incidental to any use specified in Part 4 of Schedule 2 is not excluded from that use as an incident thereto merely by reason of its being specified in the said Part of the said Schedule as a separate use.

• (b) Nothing in any class in Part 4 of the Schedule 2 shall include any use—

• (i) as an amusement arcade,

• (ii) as a motor service station,

• (iii) for the sale or leasing, or display for sale or leasing, of motor vehicles,

• (iv) for a taxi or hackney business or for the hire of motor vehicles,

• (v) as a scrap yard, or a yard for the breaking of motor vehicles,

• (vi) for the storage or distribution of minerals,

• (vii) as a supermarket, the total net retail sales space of which exceeds 3,500 square metres in the greater Dublin Area and 3,000 square metres in the remainder of the State,

• (vii) as a retail warehouse, the total gross retail sales space of which exceeds 6,000 square metres (including any ancillary garden centre), or

• (viii) as a shop, associated with a petrol station, the total net retail sales space of which exceeds 100 square metres.

• (3) Development consisting of the provision within a building occupied by, or under the control of, a State authority of a shop or restaurant for visiting members of the public shall be exempted development for the purposes of the Act.

• (4) Development consisting of the use of not more than 4 bedrooms in a house, where each bedroom is used for the accommodation of not more than 4 persons as overnight guest accommodation, shall be exempted development for the purposes of the Act, provided that such development would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.

• (5) Development consisting of the use of a house for child minding shall be exempted development for the purposes of the Act.

Saver for certain development.

11.

PART 3 Plans and Guidelines

Sites prescribed under section 10(2)(c) of Act.

12.

• (a) any area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act, 2000 (No. 38 of 2000), and

• (b) any area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act, 2000 .

Authorities prescribed under sections 11, 12 and 13 of Act.

13.

• (a) the Minister,

• (b) the Board,

• (c) the Minister for Agriculture, Food and Rural Development,

• (d) the Minister for Arts, Heritage, Gaeltacht and the Islands,

• (e) the Minister for Defence,

• (f) the Minister for Education and Science,

• (g) the Minister for the Marine and Natural Resources,

• (h) the Minister for Public Enterprise,

• (i) Aer Rianta,

• (j) Bord Fáilte Éireann,

• (k) the Central Fisheries Board,

• (l) An Chomhairle Ealaíon,

• (m) the Commissioners,

• (n) in the case of a planning authority any part of whose functional area is affected by the DTI Strategy, the Dublin Transportation Office,

• (o) the Electricity Supply Board,

• (p) Forfás,

• (q) the appropriate health board,

• (r) the Heritage Council,

• (s) the National Authority for Occupational Safety and Health,

• (t) the National Roads Authority,

• (u) the appropriate Regional Fisheries Board,

• (v) in the case of a planning authority any part of whose functional area is situated within the functional area of the Shannon Free Airport Development Company Ltd., that Company,

• (w) An Taisce — the National Trust for Ireland,

• (x) any planning authority whose area is contiguous to the area of the planning authority which prepared the draft,

• (y) any local authority, including town commissioners, and any city and county development board in the area to which the draft relates, and

• (z) the regional authority or regional assembly within whose region the functional area of the planning authority is situated, and any regional authority whose region is contiguous to the region of the first-mentioned authority.

Authorities prescribed under section 20 of Act.

14.

• (a) any local authority, including town commissioners, in the area to which the local area plan, proposed local area plan or proposed amended plan, as appropriate, relates, and any relevant city and county development board, and

• (b) any planning authority whose area is contiguous to the area to which the local area plan, proposed local area plan or proposed amended plan, as appropriate, relates.

Authorities prescribed under section 24 of the Act.

15.

• (a) the Minister,

• (b) the Board,

• (c) the Minister for Agriculture, Food and Rural Development,

• (d) the Minister for Arts, Heritage, Gaeltacht and the Islands,

• (e) the Minister for Defence,

• (f) the Minister for Education and Science,

• (g) the Minister for the Marine and Natural Resources,

• (h) the Minister for Public Enterprise,

• (i) Aer Rianta,

• (j) Bord Fáilte Éireann,

• (k) the Central Fisheries Board and any Regional Fisheries Board whose area is within the region for which the guidelines are prepared,

• (l) An Chomhairle Ealaíon,

• (m) the Commissioners,

• (n) in any case where the Dublin Docklands Area is within the region for which the guidelines are prepared, to the Dublin Docklands Development Authority,

• (o) in any case where an area which is affected by the DTI Strategy is within the region for which the guidelines are prepared, the Dublin Transportation Office,

• (p) the Electricity Supply Board,

• (q) Forfás,

• (r) any health board whose area is within the region for which the guidelines are prepared,

• (s) the Heritage Council,

• (t) the National Authority for Occupational Safety and Health,

• (u) the National Roads Authority,

• (v) in any case where the functional area of the Shannon Free Airport Development Company Ltd. is within the region for which the guidelines are prepared, that Company,

• (w) An Taisce — the National Trust for Ireland,

• (x) any regional authority whose area is contiguous to the region for which the guidelines are prepared,

• (y) the regional assembly within whose region the region for which the guidelines are prepared is situated, and

• (z) any local authority, including town commissioners, in the region for which the guidelines are prepared.

PART 4 CONTROL OF DEVELOPMENT

Chapter 1 Permission Regulations - planning applications and decisions

Planning application accompanied by EIS or which relates to establishment to which Major Accident Regulations apply.

16.

• (2) Any planning application for development of a type referred to in article 137(1)(a) shall be subject to the requirements of Part 11 in addition to the requirements of this Part.

Notice of planning application.

17.

• (a) give notice of the intention to make the application in a newspaper in accordance with article 18, and

• (b) give notice of the intention to make the application by the erection or fixing of a site notice in accordance with article 19.

• (2) Where the last day of the 2 week period referred to in sub-article (1) is a Saturday, Sunday, a public holiday (within the meaning of the Organisation of Working Time Act, 1997 (No. 20 of 1997)), or any other day on which the offices of the planning authority are closed, the application shall be valid if received on the next following day on which the offices of the planning authority are open.

• (3) The requirement of sub-article (1)(b) shall not apply in relation to a planning application for development consisting of the construction or erection by an electricity undertaking of overhead transmission or distribution lines for conducting electricity, or development consisting of the construction or erection by any statutory undertaker authorised to provide a telecommunications service of overhead telecommunications lines.

Notice in newspaper.

18.

• (a) the name of the applicant,

• (b) the location, townland or postal address of the land or structure to which the application relates (as may be appropriate),

• (c) whether the application is for permission for development, permission for retention of development, outline permission for development or permission consequent on the grant of outline permission (stating the reference number on the register of the relevant outline permission),

• (d) the nature and extent of the development, including-

• (i) where the application relates to development consisting of or comprising the provision of houses, the number of houses to be provided,

• (ii) where the application relates to the retention of a structure, the nature of the proposed use of the structure and, where appropriate, the period for which it is proposed to retain the structure,

• (iii) where the application relates to development which would consist of or comprise the carrying out of works to a protected structure or proposed protected structure, an indication of that fact,

• (iv) where the application relates to development which comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact, or

• (v) where a planning application relates to development in a strategic development zone, an indication of that fact, and

• (e) that the planning application may be inspected or purchased at the offices of the planning authority and a submission or observation in relation to the application may be made to the authority in writing on payment of the prescribed fee within the period of 5 weeks beginning on the date of receipt by the authority of the application.

• (2)
• (a) For the purposes of these Regulations, each planning authority shall approve a list of the newspapers, including national newspapers, it considers has a sufficiently large circulation in its functional area, and different newspapers may be approved in respect of different parts of such functional area.

• (b) The list referred to in paragraph (a) shall be reviewed by the planning authority as may be appropriate and at least once a year.

• (c) The list referred to in paragraph (a) shall be displayed in or at the offices of the planning authority or at any other place or by any other means, including in electronic form, that the authority considers appropriate and copies shall be made available at the offices of the planning authority during office hours, free of charge.

Site notice.

19.

• (a) in the form set out at Form No. 1 of Schedule 3 or a form substantially to the like effect,

• (b) subject to sub-article (4), inscribed or printed in indelible ink on a white background, affixed on rigid, durable material and secured against damage from bad weather and other causes, and

• (c) subject to sub-article (2), securely erected or fixed in a conspicuous position on or near the main entrance to the land or structure concerned from a public road, or where there is more than one entrance from public roads, on or near all such entrances, or on any other part of the land or structure adjoining a public road, so as to be easily visible and legible by persons using the public road, and shall not be obscured or concealed at any time.

• (2) Where the land or structure to which a planning application relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure, and shall not be obscured or concealed at any time.

• (3) Where a planning authority considers that the erection or fixing of a single site notice is not sufficient to comply with the requirements of sub-articles (1) and (2), or does not adequately inform the public, the authority may require the applicant to erect or fix such further site notice or notices in such a manner and in such terms as it may specify and to submit to the authority such evidence as it may specify in relation to compliance with any such requirements.

• (4) Where a planning application is made in respect of any land or structure, and a subsequent application is made within 6 months from the date of making the first application in respect of land substantially consisting of the site or part of the site to which the first application related, in lieu of the requirements of sub-article (1)(b), the site notice shall be inscribed or printed in indelible ink on a yellow background and affixed on rigid, durable material and be secured against damage from bad weather and other causes.

Time limits for site notice.

20.

Restriction on outline application.

21.

• (a) retention of development,

• (b) development which would consist of or comprise the carrying out of works to a protected structure or a proposed protected structure, or

• (c) development which comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence.

Content of planning applications generally.

22.

• (a) state whether the application is for permission for development, permission for retention of development, outline permission for development or permission consequent on the grant of outline permission (stating the reference number on the register of the relevant outline permission),

• (b) (i) state the name and address, and telephone number and e-mail address, if any, of the applicant and of the person, if any, acting on behalf of the applicant.

• (ii) indicate the address to which any correspondence relating to the application should be sent,

• (iii) where an applicant referred to in sub-article (i) is a company registered under the Companies Acts, 1963 to 1999, state the names of the company directors and the address and registration number of the company,

• (c) state the location, townland or postal address of the land or structure concerned, (as may be appropriate),

• (d) state the legal interest of the applicant in the land or structure and, if the applicant is not the owner, state the name and address of the owner,

• (e) state the area of the land to which the application relates and, where the application relates to a building or buildings,-

• (i) the gross floor space of any existing building or buildings and of the proposed works, and

• (ii) the number of houses (if any) to be provided,

• (f) indicate if the development comprises or is for the purposes of an activity in relation to which an integrated pollution control licence or a waste licence is required,

• (g) indicate if the development consists of or comprises the carrying out of works to a protected structure or proposed protected structure, and

• (h) in the case of an application for permission for the development of houses or of houses and other development, to which section 96 of the Act applies, specify how the applicant proposes to comply with a condition referred to in sub-section (2) of that section to which the permission, if granted, would be subject.

• (2) A planning application referred to in sub-article (1) shall be accompanied by —

• (a) the relevant page of the newspaper in which notice of the application has been published pursuant to article 17(1)(a), and a copy of the site notice erected or fixed on the land or structure pursuant to article 17(1)(b).

• (b) 6 copies of a location map of sufficient size and containing details of features in the vicinity such as to permit the identification of the site to which the application relates, to a scale of not less than 1:1000 in built up areas and 1:1250 in all other areas (which shall be identified thereon) and marked or coloured so as to identify clearly the land or structure to which the application relates and the boundaries thereof,

• (c) a plan showing the position of a site notice or notices affixed to the land or structure pursuant to article 17(1)(b),

• (d) the documents, particulars, plans, drawings and maps referred to in sub-article (3) and a schedule listing such plans, drawings and maps,

• (e) where appropriate, a certificate issued by the planning authority in accordance with section 97 of the Act, or if such certificate has been applied for but not issued, a copy of the application made in accordance with article 48, and

• (f) the appropriate fee as set out in Schedule 9.

• (3) Subject to articles 24 and 25-

• (a) a planning application in respect of any development consisting of or mainly consisting of the carrying out of works on, in, over or under land or for the retention of such works shall be accompanied by 6 copies of such plans (including a site or layout plan and drawings of floor plans, elevations and sections which comply with the requirements of article 23), and such other particulars, as are necessary to describe the works to which the application relates,

• (b) a planning application for any development consisting of or mainly consisting of the making of any material change in the use of any structure or other land, or for the retention of any such material change of use, shall be accompanied by-

• (i) a statement of the existing use and of the use proposed together with particulars of the nature and extent of any such proposed use,

• (ii) where the development to which the application relates comprises the carrying out of works on, in, over or under the structure or other land, 6 copies of such plans (including a site or layout plan and drawings of floor plans, elevations and sections which comply with the requirements of article 23), and such other particulars, as are necessary to describe the works proposed,

• (iii) such plans and such other particulars as are necessary to identify the area to which the application relates.

Requirements for plans, drawings, maps referred to in article 22.

23.

• (a) site or layout plans shall be drawn to a scale of not less than 1:500 (which shall be indicated thereon), the site boundary shall be clearly delineated in red, and buildings, roads, boundaries, septic tanks and percolation areas, bored wells, significant tree stands and other features on, adjoining or in the vicinity of the land or structure to which the application relates shall be shown, land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant or the person who owns the land which is the subject of the application shall be outlined in blue and wayleaves shall be shown in yellow,

• (b) other plans, elevations and sections shall be drawn to a scale of not less than 1:200 (which shall be indicated thereon), or such other scale as may be agreed with the planning authority prior to the submission of the application in any particular case,

• (c) the site layout plan and other plans shall show the level or contours, where applicable, of the land and the proposed structures relative to Ordnance Survey datum or a temporary local benchmark,

• (d) drawings of elevations of any proposed structure shall show the main features of any buildings which would be contiguous to the proposed structure if it were erected, whether on the application site or in the vicinity, at a scale of not less than 1:200, as may be appropriate,

• (e) plans relating to works comprising reconstruction, alteration or extension of a structure shall be so marked or coloured as to distinguish between the existing structure and the works proposed.

• (f) plans and drawings of floor plans, elevations and sections shall indicate in figures the principal dimensions (including overall height) of any proposed structure and the site, and site or layout plans shall indicate the distances of any such structure from the boundaries of the site,

• (g) any map or plan which is based on an Ordnance Survey map shall indicate the relevant Ordnance Survey sheet number,

• (h) the north point shall be indicated on all maps and plans other than drawings of elevations and sections,

• (i) plans and drawings shall indicate the name and address of the person by whom they were prepared.

• (2) A planning application for development consisting of or comprising the carrying out of works to a protected structure, or proposed protected structure or to the exterior of a structure which is located within an architectural conservation area or an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan, shall, in addition to meeting the requirements of sub-article (1), be accompanied by such photographs, plans and other particulars as are necessary to show how the development would affect the character of the structure.

• (3) A planning authority may, by notice in writing, require an applicant to provide additional copies of any plan, drawing, map, photograph or other particular which accompanies the planning application.

• (4) In addition to the requirements of article 22, a planning authority may request an applicant to provide a scale model of a proposed development, showing the elevations and perspective of the proposed development.

Plans and particulars to accompany application for outline permission.

24.

Planning application by electricity undertaking.

25.

• (2) A planning application referred to in sub-article (1) shall, in addition to the requirements of article 22(2), be accompanied by 6 copies of such plans and drawings drawn to a scale of not less than 1:100, as are necessary to describe any form of structure or apparatus which will support, or form part of, the lines referred to in the said sub-article.

• (3)
• (a) A reference to article 22 in any other provision of these Regulations shall, in the case of a planning application referred to in sub-article (1), be construed as a reference to this article.

• (b) Article 23(1), other than paragraphs (g), (h) and (i) thereof, shall not apply to a planning application referred to in sub-article (1).

Procedure on receipt of planning application.

26.

• (a) stamp each document with the date of its receipt, and

• (b) consider whether the applicant has complied with the requirements of articles 18, 19(1)(a) or 22 and, as may be appropriate, of article 24 or 25.

• (2) Where a planning authority considers that a planning application complies with the requirements of articles 18, 19(1)(a) or 22 and, as may be appropriate, of article 24 or 25, it shall send to the applicant an acknowledgement stating the date of receipt of the application as soon as may be after the receipt of the application.

• (3) Where, following consideration of an application under sub-article (1)(b), a planning authority considers that-

• (a) any of the requirements of articles 18, 19(1)(a) or 22 and, as may be appropriate, of article 24 or 25 has not been complied with, or

• (b) the notice in the newspaper or the site notice, because of its content or for any other reason, is misleading or inadequate for the information of the public.

the planning application shall be invalid.

• (4) Where, on inspection of the land to which the application relates, the planning authority considers that the requirements of articles 17(1)(b) or 19 have not been met, the planning application shall, notwithstanding the fact that an acknowledgement has been sent to an applicant in accordance with sub-article (2), be invalid.

• (5) A planning authority shall as soon as may be after receipt of an invalid application-

• (a) by notice in writing-

• (i) inform the applicant that the application is invalid and cannot be considered by the planning authority,

• (ii) indicate which requirements of the permission regulations have not been complied with, and

• (iii) request the applicant to remove the site notice or notices erected or fixed pursuant to article 17(1)(b),

• (b) return to the applicant the planning application, including all particulars, plans, drawings and maps, and

• (c) enter details of the invalid application in the register.

• (6) Where a notice is served in accordance with sub-article (5) on an applicant, the planning authority shall return to the applicant any fee paid with the application.

• (7) Sub-articles (3) and (4) shall not apply where the planning authority is satisfied that the applicant complied with the provisions of articles 17, 18 and 19 but that any site notice erected by the applicant has been maliciously defaced or destroyed by any person other than the applicant.

• (8) Where a notice is served in accordance with sub-article (5) on an applicant, the planning authority shall by notice in writing-

• (a) inform any person or body who has made a submission or observation in accordance with article 29(1) of that fact and return any fee paid in respect of any such submission or observation, and

• (b) inform any body to whom notice was sent in accordance with article 28(2) of that fact.

Weekly list of planning applications.

27.

• (2) A list referred to in sub-article (1) shall indicate in respect of each planning application received during the week to which the list relates—

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

• (b) whether the application is for permission for development, permission for retention of development, outline permission for development or permission consequent on the grant of outline permission (stating the reference number on the register of the relevant outline permission),

• (c) the location, townland or postal address of the land or structure to which the application relates (as may be appropriate),

• (d) the nature and extent of the development, including-

• (i) where the application relates to development consisting of or comprising the provision of houses, the number of houses to be provided,

• (ii) where the application relates to the retention of a structure, the nature of the proposed use of the structure and where appropriate, the period for which it is proposed to be retained,

• (iii) where development relates to a protected structure or a proposed protected structure, an indication of that fact,

• (iv) where the application relates to development which comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact,

• (v) where a planning application relates to development in a strategic development zone, an indication of that fact, and

• (e) the date of receipt of the application.

• (3) A list referred to in sub-article (1) shall, in addition to the requirements of sub-article (2), indicate any planning application in respect of which—

• (a) the planning authority has served a notice under article 26(5),

• (b) further information or evidence or revised plans, drawings or particulars have been received by the planning authority pursuant to a requirement under articles 33 or 34.

• (4) A planning authority may include in a list referred to in sub-article (1) any other information in respect of planning applications which the authority considers appropriate.

• (5)
• (a) The list referred to in sub-article (1) shall, for a period of not less than 8 weeks beginning on the day on which it is made available for inspection, be made available in or at the offices of the planning authority, and in each public library and mobile library in the functional area of the authority, in a position convenient for inspection during office hours and at any other place or by any other means, including in electronic form, that the authority considers appropriate.

• (b) Copies of the list referred to in sub-article (1) shall, for a period of not less than 8 weeks beginning on the day on which it is made available, be made available at the offices of the planning authority during office hours, free of charge or for such fee as the authority may fix not exceeding the reasonable cost of making a copy and shall be sent, on request, to any person or body, free of charge or for such fee, not exceeding the reasonable cost of making the copy and the cost of postage, as the authority may fix.

• (c) A list referred to in sub-article (1) shall be made available to the members of the planning authority in such manner as they may, by resolution, direct.

Notice to certain bodies.

28.

• (a) where it appears to the authority that the land or structure is situated in an area of special amenity, whether or not an order in respect of that area has been confirmed under section 203 (or deemed to be so confirmed under section 268(1)(c)) of the Act, or that the development or retention of the structure might obstruct any view or prospect of special amenity value or special interest — to An Chomhairle Ealaíon, Bord Fáilte Éireann, and An Taisce — the National Trust for Ireland,

• (b) where it appears to the authority that the development might obstruct or detract from the value of any tourist amenity or tourist amenity works—to Bord Fáilte Éireann,

• (c) where it appears to the authority that the development—

• (i) would involve the carrying out of works to a protected structure or proposed protected structure, or to the exterior of a structure which is located within an architectural conservation area or an area specified as an architectural conservation area in a draft of a proposed development plan or a proposed variation of a development plan,

• (ii) might detract from the appearance of a structure referred to in sub-paragraph (i),

• (iii) might affect or be unduly close to-

• (I) a cave, site, feature or other object of archaeological, geological, scientific, ecological or historical interest,

• (II) a monument or place recorded under section 12 of the National Monuments (Amendment) Act, 1994 (No. 17 of 1994),

• (III) a historic monument or archaeological area entered in the Register of Historic Monuments under Section 5 of the National Monuments (Amendment) Act, 1987 (No. 17 of 1987),

• (IV) a national monument in the ownership or guardianship of the Minister for Arts, Heritage, Gaeltacht and the Islands under the National Monuments Acts, 1930 to 1994, or

• (iv) might obstruct any scheme for improvement of the surroundings of or any means of access to any structure, place, feature or object referred to in sub-paragraph (iii),

— to the Minister for Arts, Heritage, Gaeltacht and the Islands, the Heritage Council, and An Taisce — the National Trust for Ireland, and in the case of development of a type referred to in sub-paragraph (i) or (ii), An Chomhairle Ealaíon and Bord Fáilte Éireann,

• (d) where it appears to the authority that the area of another local authority might be affected by the development — to that local authority,

• (e) where it appears to the authority that the development would not be consistent with or would materially contravene any regional planning guidelines (or any objective thereof) of a regional authority— to that regional authority,

• (f) where it appears to the authority that if permission were granted, a condition should be attached under section 34 (4)(m) of the Act— to any local authority (other than the planning authority) who would be affected by any such condition,

• (g) where it appears to the authority that -

• (i) the development might cause the significant abstraction or addition of water either to or from surface or ground waters, whether naturally occurring or artificial,

• (ii) the development might give rise to significant discharges of polluting matters or other materials to such waters or be likely to cause serious water pollution or the danger of such pollution, or

• (iii) the development would involve the carrying out of works in, over, along or adjacent to the banks of such waters, or to any structure in, over or along the banks of such waters, which might materially affect the waters,

—to the appropriate Regional Fisheries Board and, in any case where the waters concerned are listed in Part 1 of Annex 1 of the Schedule to the British-Irish Agreement Act, 1999 (No. 1 of 1999), to Waterways Ireland,

• (h) where it appears to the authority that the development might endanger or interfere with the safety of, or the safe and efficient navigation of, aircraft — to the Irish Aviation Authority,

• (i) where it appears to the authority that the development might interfere with the operation and development of a licensed airport, whose annual traffic is not less than 1 million passenger movements — to the airport operator,

• (j) where it appears to the authority that -

• (i) the development consists of or comprises the formation, laying out or material widening of an access to a national road within the meaning of section 2 of the Roads Act, 1993 (No. 14 of 1993), not being a national road within a built-up area within the meaning of section 45 of the Road Traffic Act, 1961 , or

• (ii) the development might give rise to a significant increase in the volume of traffic using a national road,

— to the National Roads Authority,

• (k) where it appears to the authority that the development might significantly impact on the implementation of the DTI Strategy — to the Dublin Transportation Office,