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

• (l) where the development comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence— to the Environmental Protection Agency,

• (m) where it appears to the authority that the development might have significant effects in relation to nature conservation —to the Heritage Council, the Minister for Arts, Heritage, Gaeltacht and the Islands and An Taisce - the National Trust for Ireland,

• (n) where the development is in a Gaeltacht area and it appears to the authority that it might materially affect the linguistic and cultural heritage of the Gaeltacht, including the promotion of Irish as the community language — to the Minister for Arts, Heritage, Gaeltacht and the Islands and Údarás na Gaeltachta,

• (o) where the development is in the vicinity of an explosives factory, storage magazine or local authority explosives store—to the Minister of Justice, Equality and Law Reform,

• (p) where the application relates to development for the purposes of breeding or rearing of salmonid fish — to the Minister for the Marine and Natural Resources and the appropriate Regional Fisheries Board,

• (q) where the application relates to development for the purposes of initial afforestation or the replacement of broadleaf high forest by conifer species — to the Minister for the Marine and Natural Resources, The Heritage Council and An Taisce - the National Trust for Ireland,

• (r) where it appears to the authority that the development might have significant effects on public health — to the appropriate Health Board,

• (s) where the application relates to extraction of minerals within the meaning of the Minerals Development Act, 1940 to 1995 — to the Minister for the Marine and Natural Resources,

• (t) where it appears to the authority that the development might impact on the foreshore—to the Minister for the Marine and Natural Resources,

• (u) where the application relates to development of the electricity transmission system or the provision of, or extension to, an electricity generating station — to the Commission for Electricity Regulation.

• (2) Notice given by a planning authority pursuant to sub-article (1) shall include a copy of the planning application referred to in article 22(1) and shall state-

• (a) the date of receipt by the authority of the application, and

• (b) that any submission or observation made to the authority in relation to the application within a period of 5 weeks beginning on the date of receipt by the authority of the application will be taken into account by the authority in making its decision on the application.

• (3) A reference in sub-article (1) to Bord Fáilte Éireann shall, in the case of a planning application relating to land or a structure situated in the functional area of the Shannon Free Airport Development Company Limited, be construed as a reference to that Company.

• (4) The planning authority shall as soon as may be acknowledge in writing the receipt of any submissions or observations referred to in sub-article (2)(b).

• (5) Where a prescribed body to whom notice is sent pursuant to sub-article (1) does not make a submission or observation in relation to an application within a period of 5 weeks beginning on the date of receipt by the planning authority of the application, the authority may determine the application without further notice to that body.

Submissions or observations in relation to planning application.

29.

• (b) Any submission or observation received shall-

• (i) state the name and address, and telephone number and e-mail address, if any, of the person or body making the submission or observation, and

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

• (2) Subject to article 26, the planning authority shall acknowledge in writing the receipt of any submission or observation referred to in sub-article (1) as soon as may be following receipt of the submission or observation.

• (3) Where a submission or observation is received by the planning authority after the period of 5 weeks beginning on the date of receipt of the application, the planning authority shall return to the person or body concerned the submission or observation received and the fee and notify the person or body that their submission or observation cannot be considered by the planning authority.

Minimum period for determination of planning application.

30.

Notification of decision on planning application.

31.

• (a) the reference number of the application in the register,

• (b) the development to which the decision relates,

• (c) the nature of the decision,

• (d) the date of the decision,

• (e) in the case of a decision to grant a permission - any conditions attached thereto,

• (f) the main reasons and considerations on which the decision is based, and, where conditions are imposed in relation to the grant of any permission, the main reasons for the imposition of any such conditions, provided that where a condition imposed is a condition described in section 34(4) of the Act, a reference to the paragraph of sub-section (4) in which the condition is described shall be sufficient to meet the requirements of this sub-article,

• (g) in the case of a decision to grant a permission for the construction, erection or making of a structure and to specify the purposes for which the structure may or may not be used — such purposes,

• (h) in the case of a decision to grant a permission — any period specified by the planning authority pursuant to section 40 of the Act as the period during which the permission is to have effect,

• (i) in the case of a decision to grant a permission - that the permission shall be issued as soon as may be, but not earlier than 3 working days, after the expiration of the period for the making of an appeal if there is no appeal before the Board on the expiration of the said period,

• (j) that an appeal against the decision may be made to the Board within the period of 4 weeks beginning on the date of the decision of the planning authority,

and

• (k) in the case of a decision to grant or refuse a permission where the decision by the planning authority is different, in relation to the granting or refusal of permission, from the recommendation in the report or reports on a planning application to the manager (or such other person delegated to make the decision) - the main reasons for not accepting the recommendation in the report or reports to grant or refuse permission.

Weekly list of planning decisions.

32.

• (2) A list referred to in sub-article (1) shall indicate, in addition to the matters specified in article 27(2), the nature of the decision of the planning authority in respect of the application.

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

• (4)
• (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, 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.

Chapter 2 Permission Regulations - Further information and other matters

Further information.

33.

• (a) to submit any further information (including any plans, maps or drawings, or any information as to any estate or interest in or right over land), which the authority considers necessary to enable it to deal with the application, or

• (b) to produce any evidence which the authority may reasonably require to verify any particulars or information given in or in relation to the application.

• (2) A request made under sub-article (1) may not require the submission of any further information in respect of the matters specified in articles 18, 19(1)(a) or 22, save the proposals referred to in article 22(1)(h).

• (3) A planning authority shall not require an applicant who has complied with a requirement under sub-article (1) to submit any further information or evidence save-

• (a) as may be reasonably necessary to clarify the matters dealt with in the applicant's response to a requirement to submit further information or evidence or to enable them to be considered or assessed, or

• (b) where a request for further information is made under article 108(2) or 128(1).

• (4) Where a requirement under sub-article (1) is not complied with, the planning application shall be declared to be withdrawn after the period of 6 months from the date of the requirement for further information or evidence has elapsed.

Revised plans.

34.

Notice of further information or revised plans.

35.

• (a) send notice and a copy of the further information, evidence, revised plans, drawings or particulars, to any person or body specified in article 28, as appropriate, indicating that a submission or observation in relation to the further information or evidence or revised plans, drawings or particulars received may be made in writing to the authority within a specified period, and

• (b) notify any person who made a submission or observation in relation to the planning application in accordance with article 29(1), as soon as may be following receipt of the further information or evidence or revised plans, drawings or particulars, as appropriate, indicating-

• (i) that significant further information or revised plans, as appropriate, in relation to the application has or have been furnished to the planning authority, and is or are available for inspection or purchase at a fee not exceeding the cost of making a copy, at the offices of the authority during office hours,

• (ii) that a submission or observation in relation to the further information or evidence or revised plans, drawings or particulars received may be made in writing to the authority within a specified time period,

• (iii) that no fee or further fee shall be payable on condition that any submission or observation referred to in sub-paragraph (ii) is accompanied by a copy of the acknowledgement by the authority of the receipt of a submission or observation referred to in article 29,

• (c) require the applicant to publish a notice in an approved newspaper, containing as a heading the name of the planning authority, marked “Further Information” or “Revised Plans”, as appropriate, and stating -

• (i) the name of the applicant,

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

• (iii) the reference number of the application on the register,

• (iv) that significant further information or revised plans, as appropriate, in relation to the application has or have been furnished to the planning authority, and is or are available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy, at the offices of the authority during office hours, and

• (v) a submission or observation in relation to the further information or revised plans may be made in writing to the planning authority on payment of the prescribed fee.

• (2) Where a planning authority considers that the notice published in accordance with sub-article (1)(c) does not adequately inform the public, the authority may require the applicant to give such further notice in such a manner and in such terms as the authority may specify.

Prescribed notice for material contravention.

36.

Withdrawal of planning application.

37.

Provision of forms and instructions.

38.

• (2) The Minister may prepare and publish model forms and instructions for the use and guidance of planning authorities in dealing with planning applications.

Provision of certain information to Minister.

39.

Chapter 3 Extension of duration of planning permission

Interpretation for this Chapter.

40.

• (2) In this Chapter, any reference to a decision to extend or extend further the appropriate period as regards a particular permission shall include a reference to such a decision which is deemed to have been given by virtue of section 42(2) of the Act and cognate expressions shall be construed accordingly.

Time limits for extensions of time.

41.

Content of application to extend appropriate period.

42.

• (a) 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,

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

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

• (d) the legal interest in the land or structure held by the applicant,

• (e) the development to which the permission relates,

• (f) the date of the permission and its reference number in the register,

• (g) the date on which the permission will cease to have effect,

• (h) the date of commencement of the development to which the permission relates,

• (i) particulars of the substantial works carried out or which will be carried out pursuant to the permission before the expiration of the appropriate period,

• (j) the additional period by which the permission is sought to be extended, and

• (k) the date on which the development is expected to be completed.

Content of application to further extend appropriate period.

43.

• (a) particulars of the works (if any) carried out pursuant to the permission since the permission was extended or further extended,

• (b) the period by which the permission is sought to be extended further,

• (c) the date on which the development is expected to be completed, and

• (d) the circumstances beyond the control of the person carrying out the development due to which the development has not been completed.

Procedure on receipt of application to extend appropriate period.

44.

• (a) stamp the documents with the date of their receipt, and

• (b) consider whether the application complies with the requirements of article 42 or 43, as the case may require.

• (2)
• (a) Where a planning authority considers that an application to extend or extend further the appropriate period as regards a particular permission complies with the requirements of article 42 or 43, as may be appropriate, the authority shall send to the applicant an acknowledgement stating the date of receipt of the application.

• (b) Where a planning authority considers that an application to extend or extend further the appropriate period as regards a particular permission does not comply with the requirements of article 42 or 43, as may be appropriate, the authority shall, by notice in writing, require the applicant to furnish such further particulars as may be necessary to comply with the said requirements.

Further information.

45.

• (a) to submit such further information as it may require to consider the application (including any information regarding any estate or interest in or right over land), or

• (b) to produce any evidence which it may reasonably require to verify any particulars or information given in or in relation to the application.

• (2) A planning authority shall not require an applicant who has complied with a requirement under sub-article (1) to submit any further information, particulars or evidence save as may be reasonably necessary to clarify the matters dealt with in the applicant's response to the said requirement or to enable those matters to be considered or assessed.

• (3) Where an applicant does not comply with any requirement under this article within 4 weeks of such requirement, the planning authority shall refuse the application.

Notification of decision on application.

46.

• (a) the date of the permission and its reference number in the register.

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

• (c) the development to which the decision relates,

• (d) the date of the decision,

• (e) the nature of the decision,

• (f) in the case of a decision to extend or extend further the appropriate period, the additional period by which that period has been extended, and

• (g) in the case of a decision to refuse to extend or extend further the appropriate period, the reasons for such refusal.

Weekly list.

47.

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

• (a) the name and address 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) the date of receipt of the application.

• (3) The list made available by the planning authority in accordance with article 32 shall, in addition to the requirements of that article, include a list of any decision in respect of an application under section 42 of the Act to extend or extend further the appropriate period made by the authority during that week.

• (4) A list referred to in sub-article (3) shall indicate in respect of each decision referred to in that sub-article-

• (a) the name and address 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) the date of the decision on the application, and

• (d) the nature of the decision made.

PART 5 Housing Supply

Applications for certificate under section 97 of Act.

48.

• (a) 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,

• (b) where the applicant 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 (as may be appropriate) of the land in respect of which it is intended to apply for permission,

• (d) indicate the number of houses for which it is intended to apply for permission, and

• (e) indicate the area of the land in respect of which it is intended to apply for permission.

• (2) An application under sub-article (1) shall be accompanied by a location map of sufficient size and containing details of features in the vicinity such as to permit the identification of the land 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 to which the application relates and the boundaries thereof.

Prescribed information to be included in statutory declaration under section 97(5) of Act.

49.

• (a) whether the applicant, or any person with whom the applicant is acting in concert, has been granted, within the period of 5 years prior to the date of making of the application, a certificate under section 97 of the Act which at the time of the application remains in force, and

• (b) whether the applicant, or any person with whom the applicant is acting in concert, has carried out, or has been granted permission to carry out, a development consisting of the provision of 4 or fewer houses or of housing on land of 0.2 hectares or less, within the period of 5 years prior to the date of making of the application for a certificate, on land in respect of which the certificate is being sought or land in its immediate vicinity (save that any such development carried out, or permission granted, before 1 November 2001 may be disregarded).

Accommodation needs.

50.

• (a) for one person, a house with one bedroom and gross floor area of 35 square metres,

• (b) for 2 persons, a house with one bedroom and a gross floor area of 40 square metres,

• (c) for 3 persons, a house with 2 bedrooms and a gross floor area of 50 square metres,

• (d) for 4 persons, a house with 2 bedrooms and a gross floor area of 60 square metres,

• (e) for 5 or 6 persons, a house with 3 bedrooms and a gross floor area of 72 square metres, or

• (f) for 7 or more persons, a house with 4 bedrooms and a gross floor area of 100 square metres.

PART 6 Architectural Heritage

Record of protected structures.

51.

• (a) in respect of each protected structure—

• (i) an identifying number,

• (ii) an address,

• (b) one or more maps showing the location of each protected structure to a scale that enables clear identification of such structures, and

• (c) any other information that the planning authority considers necessary.

• (2) A map referred to in sub-article (1)(b) may, in addition to the information referred to in that sub-article, contain other information.

Prescribed bodies under section 55(1) of Act.

52.

• (a) the Heritage Council,

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

• (c) An Chomhairle Ealaíon, and

• (d) Bord Fáilte Éireann.

Compulsory acquisition of protected structure.

53.

• (a) a copy of the relevant notice published in accordance with section 72(1)(a) of the Act, and

• (b) a copy of the relevant notice served in accordance with section 72(1)(b) of the Act.

Vesting Order.

54.

• (2) Form No. 2 of Schedule 4, or a form substantially to the like effect, shall be the prescribed form of vesting order in respect of any land or structure within an architectural conservation area for the purposes of section 75 (as applied by section 83(3) of the Act.

Prescribed bodies under section 85 of Act.

55.

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

• (b) the Heritage Council,

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

• (d) An Chomhairle Ealaíon,

• (e) Bord Fáilte Éireann, and

• (f) the appropriate chamber of commerce.

PART 7 An Bord Pleanála

Chapter 1 Appointment of Chairperson and Ordinary Members of An Bord Pleanála

Interpretation for this Chapter.

56.

• (a) where a request is made under section 105(7) of the Act for the selection of candidates for appointment to be the chairperson, the committee referred to in that section, or

• (b) where a request is made under section 106(7) of the Act for the selection of candidates for appointment to be an ordinary member, the committee referred to in that section.

Procedure where request under section 105(7) or 106(7) of Act made to committee.

57.

• (a) the committee shall meet on a day and at a time and place determined by the President of the High Court in the case of the committee referred to in section 105 of the Act, or by the chairperson in the case of the committee referred to in section 106 of the Act, and such determination shall be communicated to the other members of the committee, and

• (b) the committee shall, before selecting candidates for appointment to be the chairperson or an ordinary member, as appropriate, pursuant to the request, cause an advertisement to be published inviting applications for appointment to such office.

• (2) An advertisement referred to in sub-article (1) (b) shall specify a period of not less than 3 weeks for the making of applications and any application which is not received by the committee within the period so specified shall be invalid.

Content of application.

58.

Requirement to submit further particulars.

59.

Interviewing of applicants.

60.

• (2) Where the committee decides to invite applicants to attend for interview in accordance with sub-article (1), the committee may, at its absolute discretion, having examined the information contained in the applications and having regard to the special knowledge and experience and other qualifications and personal qualities which the committee considers appropriate to enable a person effectively to perform the functions of the chairperson or of an ordinary member, as appropriate, invite to attend for interview only those applicants who appear to it to be likely to be suitable to be considered for selection as candidates for appointment as chairperson or as an ordinary member, as appropriate.

Cesser of entitlement to further consideration by committee.

61.

• (2) Notwithstanding sub-article (1), the committee may, at its absolute discretion, invite any person who did not attend for interview on the day and at the time and place previously specified by the committee for interview on another day and at a time and place specified by the committee.

Procedure of committee.

62.

• (2)
• (a) The quorum for a meeting of the committee referred to in section 105 of the Act shall be 4.

• (b) The President of the High Court shall preside at meetings of the committee referred to in section 105 of the Act at which he or she is present.

• (c) If the President of the High Court is not present at a meeting of the committee referred to in section 105 of the Act, a member of that committee selected by the committee shall preside at the meeting.

• (3)
• (a) The Chairperson shall preside at meetings of the committee referred to in section 106 of the Act.

• (b) All members of the committee referred to in section 106 of the Act shall be present at meetings of the committee.

• (4) Every question at a meeting of the committee shall be determined by a majority of votes of the members present.

• (5) Subject to the foregoing provisions of this article, the committee shall regulate its own procedure.

Secretary of Committee.

63.

Prescribed organisations for purposes of section 106(1) of Act.

64.

• (a) the Irish Planning Institute,

• (b) the Royal Town Planning Institute, Irish Branch — Southern Section,

• (c) the Institution of Engineers of Ireland,

• (d) the Society of Chartered Surveyors in the Republic of Ireland,

• (e) the Royal Institute of the Architects of Ireland, and

• (f) the Association of Consulting Engineers of Ireland.

• (2) The prescribed organisations for the purposes of section 106(1)(b) of the Act shall be—

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

• (b) Bord Fáilte Éireann,

• (c) the Irish Architectural Archive,

• (d) the Irish Resource Development Trust,

• (e) the Royal Irish Academy,

• (f) Comhar - The National Sustainable Development Partnership, and

• (g) the Heritage Council.

• (3) The prescribed organisations for the purposes of section 106(1)(c) of the Act shall be—

• (a) the Construction Industry Federation,

• (b) Forfás,

• (c) the Irish Business and Employers' Confederation,

• (d) the Chambers of Commerce of Ireland,

• (e) the Irish Tourist Industry Confederation,

• (f) the Irish Auctioneers and Valuers Institute, and

• (g) the Institute of Professional Auctioneers and Valuers.

• (4) The prescribed organisations for the purposes of section 106(1)(d) of the Act shall be—

• (a) the County and City Managers' Association,

• (b) the General Council of County Councils,

• (c) the Association of Municipal Authorities of Ireland,

• (d) the Local Authority Members' Association, and

• (e) the Institute of Public Administration.

• (5) The prescribed organisations for the purposes of section 106(1)(e) of the Act shall be—

• (a) the Irish Congress of Trade Unions,

• (b) the Irish Farmers' Association,

• (c) the Irish Creamery Milk Suppliers' Association,

• (d) the Irish Countrywomen's Association, and

• (e) Muintir na Tíre.

• (6) The prescribed organisations for the purposes of section 106(1)(f) of the Act shall be—

• (a) the National Youth Council of Ireland,

• (b) the National Women's Council of Ireland,

• (c) the Irish Council for Social Housing,

• (d) Comhdháil Náisiúnta na Gaeilge,

• (e) the National Disability Authority,

• (f) People with Disabilities in Ireland Limited, and

• (g) the Combat Poverty Agency.

Duty of prescribed organisation on receipt of request pursuant to section 106(4) of Act.

65.

• (a) select such number of candidates (not being less than 2) for appointment as ordinary members of the Board as the Minister may specify in the request,

• (b) inform the Minister-

• (i) of the names of the candidates selected, and

• (ii) of the reasons why, in the opinion of the organisation, each candidate is suitable for appointment as an ordinary member of the Board, and

• (c) send to the Minister-

• (i) a curriculum vitae in relation to each candidate, and

• (ii) the written consent of each candidate to his or her selection in accordance with the request.

Chapter 2 Appeals and referrals and other functions of the Board

Appeals accompanied by EIS or appeal or referral which relate to establishment to which the Major Accident Regulations apply.

66.

• (2) Any appeal or referral under section 5 of the Act relating to development of a type referred to in article 138 shall be subject to the requirements of Part 11 in addition to the requirements of this Part.

Interpretation for this Chapter.

67.

“appeal” does not include appeals under section 182(4)(b) of the Act,

“oral hearing” means an oral hearing within the meaning of section 134, 203 or 218 of the Act;

“relevant persons” means-

• (a) in the case of an oral hearing under section 134(1) of the Act, the parties to the appeal or referral and any persons who have made submissions or observations to the Board in relation to the appeal or referral in accordance with section 130 of the Act,

• (b) in the case of an oral hearing under section 134(5) of the Act, the planning or local authority and, as appropriate, the person who is seeking the determination, any person who made a submission, observation or objection in accordance with the Act, these Regulations or the applicable enactment, and, in the case of any development in respect of which an EIS is submitted, any person who made a submission or observation in respect of the effects on the environment of the proposed development,

• (c) in the case of an oral hearing under section 203 of the Act, the planning authority and any person who made an objection to an order under that section,

• (d) in the case of an oral hearing under section 218 of the Act, the local authority and any person who made an objection in accordance with the enactments referred to in sections 214 or 215 of the Act.

Availability of documents relating to appeals and referrals.

68.

Notification of persons who made submissions or observations.

69.

• (2) A notice under sub-article (1) shall -

• (a) specify the reference number of the Board in respect of the appeal,

• (b) specify the date on which the appeal was received by the Board,

• (c) state that a copy of the appeal is available for inspection or purchase for a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the planning authority, and

• (d) state that submissions or observations in relation to the appeal may be made in writing to the Board within the appropriate period and on payment of the appropriate fee.

Inclusion of appeals in weekly list of planning authority.

70.

Notification of application for leave to appeal.

71.

• (2) A notice under sub-article (1) shall -

• (a) specify the reference number of the Board in respect of the application for leave to appeal,

• (b) specify the name and address of the applicant for leave, and

• (c) state that the planning authority will not make a grant of permission unless the application for leave to appeal is refused.

Board's weekly list.

72.

• (a) the appeals and referrals received by the Board, and

• (b) the appeals and referrals determined, dismissed or withdrawn or in relation to which a direction is given by the Board pursuant to section 139 of the Act,

during that week.

• (2) A list referred to in sub-article (1) shall indicate in respect of each of the appeals under section 37 of the Act received by the Board during the week to which the list relates—

• (a) the name of the appellant,

• (b) the date on which the appeal was received by the Board,

• (c) the reference number of the appeal,

• (d) the nature and location of the development to which the appeal relates,

• (e) the name of the planning authority and the reference number of the planning application concerned in the register of the authority, and

• (f) the name of the person by or on behalf of whom the planning application was made.

• (3) A list referred to in sub-article (1) shall indicate, in respect of each appeal under section 37 of the Act determined, dismissed or withdrawn or in relation to which a direction is given by the Board pursuant to section 139 of the Act during the week to which the list relates,-

• (a) the reference number of the appeal,

• (b) the nature and location of the development to which the appeal relates,

• (c) the name of the planning authority and the reference number of the planning application concerned in the register of the planning authority,

• (d) the name of the person by or on behalf of whom the planning application was made,

• (e) in the case of an appeal determined by the Board, the nature of the decision of the Board and the date of the order of the Board in relation to the appeal,

• (f) in the case of an appeal dismissed by the Board, an indication of that fact and the date of the order of the Board in relation to the appeal,

• (g) in the case of an appeal which has been withdrawn, an indication of that fact and the date on which it was withdrawn,

• (h) in the case of an appeal in relation to which a direction has been given by the Board pursuant to section 139 of the Act, an indication of that fact and the date of the order of the Board in relation to the appeal.

• (4) A list referred to in sub-article (1) shall indicate in respect of each of the appeals (other than appeals under section 37 of the Act) and referrals received by the Board during the week to which the list relates—

• (a) the name of the appellant or person making the referral, as appropriate,

• (b) the reference number of the appeal or referral,

• (c) the nature of the appeal or referral, and

• (d) the date on which the appeal or referral was received by the Board.

• (5) A list referred to in sub-article (1) shall indicate, in respect of each appeal (other than an appeal under section 37 of the Act) or referral determined, dismissed or withdrawn during the week to which the list relates, —

• (a) the nature of the appeal or referral,

• (b) in the case of an appeal or referral determined by the Board, the nature of the decision of the Board and the date of the order of the Board in relation to the appeal or referral,

• (c) in the case of an appeal or referral dismissed by the Board, an indication of that fact and the date of the order of the Board in relation to the appeal or referral, or

• (d) in the case of an appeal or referral which has been withdrawn, an indication of that fact and the date on which it was withdrawn.

• (6) The Board may include in a list referred to in sub-article (1) any information which the Board considers appropriate in relation to matters before, or to be determined by, the Board under the Act or any other enactment.

• (7) A list referred to in sub-article (1) shall, for a period of not less than 4 weeks beginning on the day on which it is made available, be displayed in or at the offices of the Board in a position convenient for inspection during office hours or by any other means, including in electronic form, that the Board considers appropriate.

• (8)
• (a) Copies of a list referred to in sub-article (1) shall, during the period of 4 weeks referred to in sub-article (7), be made available at the offices of the Board during office hours, free of charge or for such fee as the Board may fix not exceeding the reasonable cost of making a copy.

• (b) A copy of a list referred to in sub-article (1) shall, during the period of 4 weeks as aforesaid, be sent, on request, to any person or body, free of charge or for such fee not exceeding the reasonable cost of making a copy and the cost of postage, as the Board may fix.

Revised plans, etc.

73.

Notification by Board of decisions on appeals or referrals.

74.

• (2) A notice referred to in sub-article (1) of a decision on an appeal under section 37 of the Act shall specify—

• (a) the reference number of the appeal,

• (b) the reference number of the planning application concerned in the register of the planning authority,

• (c) the date of the order of the Board in relation to the appeal,

• (d) the development to which the decision relates,

• (e) the nature of the decision and the main reasons and considerations on which the decision is based,

• (f) in the case of a decision to grant a permission subject to conditions— any conditions to which the permission is subject and the main reasons for the imposition of any such conditions, provided that where a condition imposed is a condition described in section 34(4) of the Act, a reference to the paragraph of the said subsection (4) in which the condition is described shall be sufficient,

• (g) in the case of a decision to grant a permission for a structure — any purpose for which the structure may or may not be used,

• (h) in the case of a decision to grant a permission — any condition specifying points of detail relating to a grant of permission to be agreed by the planning authority and the person to whom the permission is granted,

• (i) in the case of a decision to grant a permission — any period specified by the Board pursuant to section 41 of the Act as the period during which the permission is to have effect,

• (j) in the case of a decision to grant or refuse a permission where the decision by the Board is different, in relation to the granting or refusal of permission, from the recommendation of the report of a person assigned to report on an appeal on behalf of the Board - the main reasons for not accepting such recommendation, and

• (k) in the case of a decision to grant a permission for a development which materially contravenes the development plan where the planning authority had refused a permission on that ground - the main reasons and considerations for materially contravening the development plan.

• (3) A notice referred to in sub-article (1) of a decision on an appeal (other than an appeal under section 37 of the Act) or referral shall, in addition to any other requirement of the Act, specify—

• (a) the reference number of the Board in respect of the appeal,

• (b) the nature of appeal or referral to which the decision relates,

• (c) the nature of the decision,

• (d) the date of the order of the Board in relation to the appeal or referral, and

• (e) any other information which the Board considers appropriate.

Inspections in relation to appeals, referrals and other functions of the Board.

75.

Notice etc. of oral hearing.

76.

• (a) inform relevant persons and any other person or body which it considers appropriate and give such persons and bodies not less than one week notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all such persons or bodies, and

• (b) subject to sub-section (3), give each relevant person a copy of any correspondence, documents, particulars or other information received from other relevant persons in accordance with the provisions of the Act or these Regulations and not previously given to that relevant person.

• (2) The Board may, where it considers appropriate, give any person (not being a relevant person) or body informed of the holding of an oral hearing under sub-article (1)(a) a copy of any correspondence, documents, particulars or other information received from relevant persons in accordance with the provisions of the Act or these Regulations.

• (3) In any case where a large number of submissions, observations or objections in respect of a particular matter are received by the Board as part of an organised campaign, the Board may, instead of giving to such relevant persons a copy of all correspondence, documents, particulars or other information received from other relevant persons in accordance with sub-article (1)(b), provide access to such correspondence, documents, particulars or other information by such other means as the Board may determine.

• (4) The Board may, at any time before the opening of an oral hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Board shall give relevant persons and any other person or body informed of the holding of an oral hearing under sub-article (1) notice of not less than one week of the new time and place or such shorter notice as may be accepted by all such persons or bodies.

Adjournment or re-opening of oral hearing.

77.

• (2) Notice of the time and place of the re-opening of an oral hearing or resumption of an oral hearing that has been adjourned indefinitely shall be given by the Board to each relevant person and to any other person or body who was informed of the holding of an oral hearing under article 76(1)(a) or who has been heard at the hearing in accordance with section 135(2)(d) of the Act not less than one week before the said time unless all such persons accept shorter notice.

• (3) An oral hearing under section 218 of the Act, or on which the report has been submitted to the Board, shall not be re-opened unless the Board considers it expedient to do so and so directs.

Replacement of person appointed to conduct oral hearing.

78.

• (2) If, for any reason, the person appointed to conduct an oral hearing is unable to complete the conduct of the oral hearing, or is unable to or fails to furnish a report on an oral hearing to the Board, the Board may appoint another person to conduct a new oral hearing.

PART 8 Requirements in respect of Specified Development by, on Behalf of, or in Partnership with Local Authorities

Development which relates to establishment to which the Major Accident Regulations apply.

79.

Development prescribed for purposes for section 179 of Act.

80.

• (a) the construction or erection of a house,

• (b) the construction of a new road or the widening or realignment of an existing road, where the length of the new road or of the widened or realigned portion of the existing road, as the case may be, would be—

• (i) in the case of a road in an urban area, 100 metres or more, or

• (ii) in the case of a road in any other area, 1 kilometre or more,

• (c) the construction of a bridge or tunnel,

• (d) the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water,

• (e) the construction or erection of water intake or treatment works, overground aqueducts, or dams or other installations designed to hold water or to store it on a long-term basis,

• (f) drilling for water supplies,

• (g) the construction of a swimming pool,

• (h) the use of land, or the construction or erection of any installation or facility, for the disposal of waste, not being—

• (i) development which comprises or is for the purposes of an activity in relation to which a waste licence is required or

• (ii) development consisting of the provision of a bring facility which comprises not more than 5 receptables,

• (i) the use of land as a burial ground,

• (j) the construction or erection of a fire station, a library or a public toilet, and

• (k) any development other than those specified in paragraphs (a) to (j), the estimated cost of which exceeds €126,000, not being development consisting of the laying underground of sewers, mains, pipes or other apparatus.

• (2)
• (a) Subject to paragraph (b), this Part shall not apply to proposed development that a local authority that is a planning authority proposes to carry out outside its functional area.

• (b) This Part shall apply to development of a class specified in sub-article (1) (b) or (c) that a local authority that is a planning authority proposes to carry out outside its functional area.

• (c) This Part shall also apply to development which is carried out within the functional area of a local authority that is a planning authority, on behalf of, or in partnership with the local authority, pursuant to a contract with the local authority.

Notice of proposed development.

81.

• (a) give notice of proposed development in an approved newspaper, and

• (b) erect or fix a site notice or site notices on the land on which the proposed development would be situated.

• (2) A notice referred to in sub-article (1) shall state that the local authority proposes to carry out development and—

• (a) indicate the location, townland or postal address of the proposed development (as may be appropriate),

• (b) indicate the nature and extent of the proposed development,

• (c) where the proposed development consists of or comprises the carrying out of works -

• (i) which would materially affect the character of a protected structure or a proposed protected structure,

• (ii) 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, and the development would materially affect the character of the area concerned,

indicate this fact, and

• (d) state that—

• (i) plans and particulars of the proposed development will be available for inspection during office hours at the offices of the local authority for a specified period (which shall be not less than 4 weeks beginning on the day of publication of the notice in a newspaper in accordance with sub-article (1)(a)),

• (ii) submissions or observations with respect to the proposed development, dealing with the proper planning and sustainable development of the area in which the development would be situated, may be made in writing to the local authority before a specified date (which shall be not less than 2 weeks after the end of the period for inspection of plans and particulars specified pursuant to sub-paragraph (i)).

• (3) A site notice erected or fixed in accordance with sub-article (1) (b) shall be—

• (a) inscribed or printed in indelible ink and affixed on rigid, durable material and be secured against damage from bad weather and other causes, and

• (b) subject to sub-article (4), securely erected or fixed in a conspicuous position on or near the main entrance to the land 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.

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

• (5) A site notice shall be erected or fixed on the land or structure concerned not later than the day of publication of notice of the proposed development in a newspaper in accordance with sub-article (1) (a), shall be maintained in position for a period of at least 4 weeks after publication of the said notice and shall be renewed or replaced if it is removed or becomes defaced or illegible within that period.

Notice of proposed development to certain bodies.

82.

• (2) A notice in accordance with sub-article (1) shall—

• (a) indicate the location, townland or postal address of the proposed development,

• (b) indicate the nature and extent of the proposed development, and

• (c) state that submissions or observations in respect of the proposed development, dealing with the proper planning and sustainable development of the area in which the proposed development would be situated, may be made in writing to the local authority before a specified date (which shall be not less than 2 weeks after the end of the period for inspection of plans and particulars specified pursuant to article 81(2)(d)(i)),

and be accompanied by a copy of the plans and particulars of the proposed development specified in article 84.

• (3) A notice in accordance with sub-article (1) shall be sent—

• (a) where it appears to the authority that the proposed development would be 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 proposed development might obstruct any view or prospect of special amenity value or special interest — to An Chomhairle Ealaíon, Board Fáilte Éireann, and An Taisce — the National Trust for Ireland,

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

• (c) where it appears to the authority that the proposed 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 ,

• (III) a historic monument or archaeological area entered in the Register of Historic Monuments under Section 5 of the National Monuments (Amendment) Act, 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 proposed development — to that local authority,

• (e) where it appears to the authority that the proposed 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 —

• (i) the proposed 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 proposed 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 proposed 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 , to Waterways Ireland,

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

• (h) where it appears to the authority that the proposed 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,

• (i) where it appears to the authority that—

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

— to the National Roads Authority,

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

• (k) where the proposed development comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence — to the Environmental Protection Agency,

• (l) where it appears to the authority that the proposed development might have significant effects in relation to nature conservation — to the Heritage Council, the Minister for Arts, Heritage, Gaeltacht and the Islands and An Taisce- the National Trust for Ireland,

• (m) where the proposed development is in a Gaeltacht area and it appears to the authority that it might materially affect the linguistic and cultural heritage of the Gaeltacht, including the promotion of Irish as the community language — to the Minister for Arts, Heritage, Gaeltacht and the Islands and údarás na Gaeltachta,

• (n) where the proposed development is in the vicinity of an explosives factory, storage magazine or local authority explosives store—to the Minister for Justice, Equality and Law Reform,

• (o) where it appears to the authority that the proposed development might have significant effects on public health — to the appropriate Health Board,

• (p) where it appears to the authority that the proposed development might impact on the foreshore—to the Minister for the Marine and Natural Resources.

• (4) A reference in sub-article (3) to Bord Fáilte Éireann shall, in the case of proposed development which would be situated in the functional area of the Shannon Free Airport Development Company Ltd., be construed as a reference to that Company.

Availability for inspection of documents, particulars and plans.

83.

• (a) a document describing the nature and extent of the proposed development and the principal features thereof, including-

• (i) where the proposed development would consist of or comprise the provision of houses, the number of houses to be provided,

• (ii) where proposed development would relate to a protected structure or a proposed protected structure, an indication of that fact,

• (iii) where the proposed development would comprise or be for the purposes of an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact,

• (b) a location map, drawn 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 on which it is proposed to carry out the proposed development,

• (c) except in the case of development of a class specified in article 80(1)(b) or (c),—

• (i) a site layout plan, drawn to a scale of not less than 1:500, showing the boundary of the site on which it is proposed to carry out the proposed development and the buildings or other structures, and roads or other features, in the vicinity of the site, and

• (ii) such other plans and drawings, drawn to a scale of not less than 1:100, as are necessary to describe the proposed development,

• (d) in the case of development of a class specified in article 80(1)(b), such plans and drawings drawn to a scale of not less than 1:2500, as are necessary to describe the proposed development,

• (e) in the case of development of a class specified in article 80(1) (c), such plans and drawings drawn to a scale of not less than 1:200, as are necessary to describe the proposed development.