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

Type Statutory Instrument

Publication 2001-12-19

Last updated 2026-10-02

State Partially repealed superseded text

Text As published

Source Irish Statute Book

articles 212

These amending acts are not in its history: the source does not say when their effect began (4)

IE-2026-si-72: S.I. No. 72 of 2026, art. 2(a) — The directory cites S.I. No. 72 of 2026, but the 2026 annual index skips No. 72 and the official URL returns 404.
IE-2026-si-72: S.I. No. 72 of 2026, art. 2(b) — The directory cites S.I. No. 72 of 2026, but the 2026 annual index skips No. 72 and the official URL returns 404.
IE-2026-si-72: S.I. No. 72 of 2026, art. 2(c) — The directory cites S.I. No. 72 of 2026, but the 2026 annual index skips No. 72 and the official URL returns 404.
IE-2001-act-37: Reg. 27 reserved function conferred — 37/2001, ss. 131, 131A, sch. 14A pt. 3 (see also 1/2014, ss. 1(22), 21(4), sch. 3); Reg. 32 reserved function conferred — 37/2001, ss. 131, 131A, sch. 14A pt. 3 (see also 1/2014, ss. 1(22), 21(4), sch. 3) — Published 2001-07-21, before this law (2001-12-19); the directory does not state when its effect began.

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

115 amending acts · 2026-10-02, S.I. No. 500/2026 - Planning and Development (Short Term Letting - Planning and Developme…

Reform history JSON API

(2) A local authority shall make available for inspection or purchase on payment of a specified fee not exceeding the reasonable cost of make such a copy a copy of any submissions or observations received by the authority in respect of a proposed development during office hours at the offices of the authority.

Notice following period of consideration.

84.

(1) A local authority shall send notice in accordance with sub-article (2) to any body to which notice of the proposed development was sent pursuant to article 82, and to any other persons or bodies who made submissions or observations in respect of the proposed development in accordance with this Part as soon as may be after, as appropriate,—

(a) the making of a resolution under section 179(4)(b) of the Act, or

(b) the expiry of a period of 6 weeks after the receipt of the manager's report referred to in the said section 179(4).

(2) A notice referred to in sub-article (1) shall indicate that, as the case may be, the local authority will carry out the proposed development, carry out the proposed development subject to variations or modifications, or not proceed with the proposed development.

Transitional.

85.

(1) This Part shall not apply to, or have effect in relation to, proposed development where a notice was published in relation to such development in accordance with article 131 of the Local Government (Planning and Development) Regulations, 1994 before the coming into operation of these Regulations.

(2) The provisions of the Local Government (Planning and Development) Regulations, 1994 to 2001 shall, notwithstanding the repeal of those Regulations, continue in force and have effect in relation to proposed development referred to in sub-article (1).

PART 9 Provisions with Respect to Certain Development by or on Behalf of State Authorities

Specified development for purposes of section 181(1)(a) of Act.

86.

(1) In accordance with section 181(1)(a) of the Act, the provisions of the Act shall not apply to the following classes of development:

(a) development consisting of the provision of—

(i) Garda stations or other buildings, or other premises or installations, or other structures or facilities, used for the purposes of or in connection with the operations of An Garda Síochána,

(ii) prisons or other places of detention,

(iii) courthouses or other buildings, or other premises or installations, or other structures or facilities, whether provided on a permanent or temporary basis, used for the purposes of or in connection with the transaction of any business relating to courts, tribunals, inquiries or inquests established by statute,

(iv) barracks or other buildings, or other premises or installations (including airfields and naval yards), or other structures or facilities, used for the purposes of or in connection with the operations of the Defence Forces,

(v) office buildings or other premises used for the purposes of or in connection with the business of Uachtarán na h-Éireann, Dáil Éireann, Seanad Éireann, the Department of the Taoiseach, the Office of the Tánaiste, the Department of Defence, the Department of Foreign Affairs, the Department of Justice, Equality and Law Reform, the Courts Service, the Office of the Attorney General, the Chief State Solicitor's Office and the Office of the Director of Public Prosecutions;

(b) (i) development consisting of the provision of an extension of any building referred to in paragraph (a), where such extension will be situated, in whole or in part, outside the curtilage of the existing building or, where the building is situated within a premises or other installation referred to in the said paragraph, outside the curtilage of the premises or other installation,

(ii) development consisting of the provision of an extension of a premises or other installation, other than a building, referred to in paragraph (a) which will extend the premises or other installation beyond the curtilage of the existing premises or other installation;

(c) subject to paragraph (e), where any building, premises or other installation referred to in paragraph (a) is a protected structure or a proposed protected structure any works which would materially affect the character of the protected structure or proposed protected structure;

(d) development consisting of the carrying out of any works within, or bounding, the curtilage of a building, premises or other installation referred to in paragraph (a), insofar as the works are incidental to the use of such building, premises or installation;

(e) (i) development consisting of the carrying out of any works, for reasons of national security, within, or bounding, the curtilage of any building, premises or other installation occupied by, or under the control of, a State authority, other than a building, premises or other installation referred to in paragraph (a),

(ii) development consisting of the carrying out, by or on behalf of a State authority, for reasons of national security, of any works within, or bounding, the curtilage of the residence of a holder, or former holder, of a public office or any other public servant or former public servant,

(iii) development consisting of the carrying out, by or on behalf of a State authority in connection with the administration of justice, of any works within, or bounding, the curtilage of the residence of a person in receipt of protection from An Garda Síochána.

(2) For the purposes of this article, a building, premises, installation, structure or facility may be provided by the carrying out of works or by the making of a material change in the use of a building, premises, installation, structure or facility.

Public notice of proposed development.

87.

(1) This article shall apply to the classes of development specified in article 86(1) (a), (b) or (c), other than development consisting of the construction or erection of such temporary structures for the purposes of or in connection with the operations of the Defence Forces or An Garda Síochána as are urgently required for reasons of national security, and the development to which this article applies is hereafter in this Part referred to as “proposed development”.

(2) A State authority shall, in accordance with this article—

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

(b) erect or fix a site notice or site notices of proposed development on the land or structure where the proposed development would be situated.

(3) A notice published pursuant to sub-article (2) (a) shall contain as a heading the name of the State authority by which the development is proposed to be carried out and shall state—

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

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

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

(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,

an indication of that fact,

(d) that drawings and particulars of the proposed development will be available for inspection, at the head offices of the State authority and at a specified location in the area in which the development would be situated, at specified times during a period of 6 weeks beginning on the date of publication of the notice,

(e) that 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 State authority within a period of 6 weeks beginning on the date of publication of the notice.

(4)
(a) A site notice erected or fixed pursuant to sub-article (2) (b) shall contain as a heading the name of the State authority by which the development is proposed to be carried out and shall state—

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

(ii) the nature and extent of the proposed development,

(iii) the locations and the times at which, and the period during which, drawings and particulars of the proposed development will be available for inspection,

(iv) 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 proposed protected structure, or

(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,

an indication of that fact, and

(v) the period during which 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 State authority.

(b) A site notice erected or fixed pursuant to sub-article (2) (b)—

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

(ii) subject to paragraph (c), shall be 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.

(c) Where the land or structure concerned 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.

(d) 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 pursuant to sub-article (2) (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.

(5) Notice under this article and under article 88 shall be given once only in respect of proposed development referred to in article 86(1)(a)(iii) which is used on a temporary basis.

Notice of proposed development to certain bodies.

88.

(1) A State authority shall send notice of proposed development to the planning authority for the area in which the proposed development would be situated.

(2) Where proposed development consists of or comprises the carrying out of works—

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

(b) to the exterior of a structure which is 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,

a State authority shall send notice of such development to the Minister for Arts, Heritage, Gaeltacht and the Islands.

(3) A notice sent in accordance with sub-article (1) or (2) shall—

(a) state 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) be accompanied by a copy of the drawings and particulars of the proposed development made available for inspection in accordance with article 89,

(d) where the proposed development is of a type described in sub-article (2), indicate this fact, and

(e) state that 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 State authority concerned within a period of 6 weeks beginning on the day on which the latest notice under sub-articles (1) or (2) is sent.

(4) Proposed development of a class referred to in article 150(1)(a) or (b) shall be subject to the requirements of that article in addition to the requirements of this Part.

Availability for inspection of plans and particulars.

89.

A State authority shall make available for inspection at the locations and times specified in, and during the period of 4 weeks beginning on the day of publication of, the notice of proposed development published in accordance with article 87(2)(a)—

(a) a document describing, in outline, the nature and extent of the proposed development,

(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 development,

(c) in the case of proposed development referred to in article 86(1)(a) or (b), drawings or particulars describing, in outline, the external appearance of the building, or other premises or installation, or other structure or facility, to be provided or extended (as the case may be), and

(d) in the case of proposed development referred to in article 86(1)(c), such drawings or particulars as are necessary to show how the development would affect the character of the structure.

State authority to have regard to certain matters.

90.

(1) A State authority shall, in deciding whether a proposed development is to be carried out, have regard to any submissions or observations made by a planning authority or by any other person or body in accordance with this Part.

(2) A State authority may, following compliance with sub-article (1), decide, as it considers appropriate, that the proposed development will be carried out, with or without variations or modifications, or will not be carried out.

Notice of decision with respect to proposed development.

91.

(1) A State authority shall, as soon as may be after making its decision on a proposed development, send notice of the decision to the planning authority for the area in which the proposed development would be situated.

(2) Subject to sub-article (3), where any person or body, other than the planning authority for the area in which the proposed development would be situated, has made submissions or observations to a State authority with respect to the proposed development in accordance with this Part, the State authority shall send notice of the decision to the person or body as soon as may be after the making of its decision.

(3) Where a large number of submissions or observations referred to in sub-article (2) are made as part of an organised campaign, or it is not possible to readily ascertain the name and address of those persons who made the submissions or observations, a State authority may, instead of giving notice in accordance with sub-article (2), give notice to the public by some other means which the State authority is satisfied can adequately draw the attention of the public to that notice.

(4)
(a) A State authority may publish notice of its decision with respect to proposed development in an approved newspaper.

(b) A notice published pursuant to paragraph (a) shall be published within 7 days of the making of the decision of the State authority with respect to the proposed development.

PART 10 Environmental Impact Assessment

Chapter 1 General

Interpretation for this Part.

92.

In this Part—

“application for approval” means an application to the Board by a local authority for approval of proposed development to which section 175 of the Act applies;

“sub-threshold development” means development of a type set out in Schedule 5 which does not exceed a quantity, area or other limit specified in that Schedule in respect of the relevant class of development.

Prescribed development.

93.

The prescribed classes of development for the purposes of section 176 of the Act are set out in Schedule 5.

Content of EIS.

94.

An EIS shall contain—

(a) the information specified in paragraph 1 of Schedule 6,

(b) the information specified in paragraph 2 of Schedule 6 to the extent that -

(i) such information is relevant to a given stage of the consent procedure and to the specific characteristics of the development or type of development concerned and of the environmental features likely to be affected, and

(ii) the person or persons preparing the EIS may reasonably be required to compile such information having regard, among other things, to current knowledge and methods of assessment, and

Procedure for scoping requests.

95.

(1) A request under section 173 of the Act or article 117 for a written opinion on the information to be contained in an EIS shall state -

(a) the name and address, and telephone number and e-mail address if any, of the person making the request and of the person, if any, acting on behalf of the person making the request, or, in the case of development proposed by a local authority, the name and address, and telephone number and e-mail address, if any, of the authority,

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

(d) if the proposed development comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact,

(e) if the proposed development relates to the provision of, or modifications to, an establishment, an indication of that fact.

(2)
(a) A planning authority or the Board shall, as soon as may be after receiving a request for a written opinion—

(i) give notice of having received the request to the bodies referred to in article 28, as appropriate, indicating that a submission or observation in relation to the information to be contained in the EIS may be made to the authority or the Board, as appropriate, within 4 weeks beginning on the date of the notice, and

(ii) notify the person or local authority who made the request of the bodies to whom notice was given under sub-paragraph (i) and advise that a submission or observation in relation to the information to be contained in the EIS may be made to the authority or the Board, as appropriate, within 4 weeks beginning on the date of the notice.

(b) A notice given under paragraph (a)(i) shall contain the information referred to in sub-article (1) and, where appropriate, any further information provided under sub-article (3).

(3) Where a planning authority or the Board considers that it has insufficient information to enable it to give a written opinion pursuant to a request, it shall, by notice in writing, require the person or local authority making the request to provide within a specified period such further information as it considers necessary.

(4) A planning authority or the Board shall, not later than 3 weeks after the expiry of the period referred to in sub-article (2)(a) or any period specified under sub-article (3), whichever is the later, give a written opinion to the person or local authority who made the request.

(5) A planning authority or the Board shall, in dealing with a request for a written opinion, have regard to—

(a) article 94,

(b) any information or documentation provided under sub-articles (1) and (3), and

(6) A written opinion shall indicate the extent to which the information in paragraph 2 of Schedule 6 should be contained in the EIS.

Outline application.

96.

(1) In addition to the provisions of article 21, an outline application may not be made in respect of development which is of a class for the time being prescribed under article 93.

(2) Where a planning authority receives an outline application, or the Board an appeal in respect of such an application, in relation to sub-threshold development which would, in its opinion, be likely to have significant effects on the environment, it shall as soon as may be after receipt of the application or appeal, as appropriate, by notice in writing—

(a) inform the applicant that an outline application may not be made in respect of the development,

(b) indicate that the authority or the Board, as appropriate, considers that the development would be likely to have significant effects on the environment, and that an application for permission to the authority, accompanied by an EIS, would be required for such development.

(3) Where a planning authority issues a notice under sub-article (2), the outline application shall be regarded as having been withdrawn and the planning authority shall-

(a) return to the applicant—

(i) the outline application, including all particulars, plans, drawings and maps, and

(ii) any fee paid with the application,

(b) enter relevant details on the register, and

(c) by notice in writing, inform any person or body who made a submission or observation in accordance with articles 28 or 29 of that fact and return to such person or body any fee paid in respect of any such submission or observation.

(4) Where the Board issues a notice under sub-article (2)—

(a) the outline application and the appeal in relation to that application shall be regarded as having been withdrawn and no permission shall be granted by the planning authority on foot of any decision by the authority under section 34 of the Act in respect of that application, and

(b) it shall, by notice in writing, inform any party to the appeal and any other person or body who made a submission or observation under section 130 of the Act of that fact.

Copies of EIS.

97.

Where an EIS is required to be submitted to -

(a) a planning authority in connection with a planning application, or

(b) the Board on appeal pursuant to a requirement under article 109,

the applicant for planning permission shall submit 10 copies of the EIS.

Chapter 2 Planning Applications

Newspaper notice.

98.

In addition to the requirements of article 18, where a planning application is to be accompanied by an EIS, a notice under article 17(1)(a) shall state—

(a) that an EIS will be submitted to the planning authority with the application, and

(b) that the EIS will be available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the relevant planning authority.

Invalid planning application.

99.

(1) Where a planning application in respect of development of a class prescribed under article 93 is not accompanied by an EIS, it shall be invalid, and the provisions of article 26 shall apply.

(2) Where an exemption has been granted under section 172(3) of the Act, sub-article (1) shall not apply.

EIS exemption - other requirements.

100.

(1) Where the Board has, in granting an exemption under section 172(3) of the Act, applied other requirements in respect of a proposed development under that section, a planning application for such development shall comply with such requirements.

(2) Where a planning application for development in respect of which the Board has applied other requirements under section 172(3) of the Act does not, when made, comply with sub-article (1), the planning authority shall, as soon as may be following receipt of the application, by notice in writing, require the applicant to comply with such requirements.

Procedure on receipt of Board's decision on exemption request.

101.

A planning authority shall, on receiving notice, in accordance with section 172(3)(c) of the Act, of the Board's decision on a request under that sub-section, stamp the notice with the date of its receipt.

EIS submitted with sub-threshold planning application.

102.

Where a planning application for sub-threshold development is accompanied by an EIS, the application shall be dealt with as if the EIS had been submitted in accordance with section 172(1) of the Act.

Requirement to submit EIS with sub-threshold planning application.

103.

(1) Where a planning application for sub-threshold development is not accompanied by an EIS, and the planning authority considers that the development would be likely to have significant effects on the environment, it shall, by notice in writing, require the applicant to submit an EIS.

(2) Where a planning application for sub-threshold development is not accompanied by an EIS, and the development would be located on or in—

(a) a European site,

(b) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act, 2000 (No. 38 of 2000),

(d) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976) as amended by sections 26 and 27 of the Wildlife (Amendment) Act, 2000 , or

(e) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act, 1976 as amended by section 28 of the Wildlife (Amendment) Act, 2000 ,

the planning authority shall decide whether the development would or would not be likely to have significant effects on the environment of such site, area or land, as appropriate.

(3) A planning authority shall, in deciding under this article whether a proposed development would or would not be likely to have significant effects on the environment, have regard to the criteria set out in Schedule 7.

(4) Where an EIS is submitted to a planning authority pursuant to a notice under sub-article (1), the application shall be deemed to be made on the date of receipt by the planning authority of the EIS.

EIS exemption.

104.

(1) A notice served under article 103 shall cease to have effect where an exemption is granted under section 172(3) of the Act in respect of development to which the planning application relates on the date of receipt by the planning authority of notice of the grant of the exemption.

(2) Where a notice served under article 103 ceases to have effect in accordance with sub-article (1), the planning authority shall, as soon as may be, by notice in writing, inform the applicant of that fact and the date on which the notice ceased to have effect and, where other requirements have been applied in respect of the proposed development under section 172(3) of the Act, require the applicant to comply with such requirements.

Further notice where planning authority requires EIS.

105.

(1) Where an EIS is required under article 103, the applicant shall, not more than 2 weeks before submitting the EIS, publish notice of the intention to submit the EIS in at least one approved newspaper.

(2) A notice under sub-article (1) shall contain as a heading the name of the planning authority, and shall state—

(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),

(d) the nature and extent of the development,

(e) that, following a requirement of the planning authority, an EIS will be submitted to the planning authority in connection with the application,

(f) that the EIS will be available for inspection or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the authority, and

(g) that, subject to the payment of any relevant fee, a submission or observation in relation to the EIS may be made in writing to the planning authority within 5 weeks of the date of receipt by the authority of the EIS.

(3) An EIS submitted under article 103 shall be accompanied by a copy of the relevant page of the newspaper in which a notice under sub-article (1) was published.

(4) Where it appears to a planning authority that a notice published under sub-article (1)—

(a) does not comply with any of the requirements of sub-articles (1) or (2), or

(b) because of its content or for any other reason, is misleading or inadequate for the information of the public,

the authority shall require the applicant to give such further notice in such manner and in such terms as it may specify and to submit such evidence as it may specify in relation to compliance with such requirement.

Weekly list of planning applications.

106.

A list referred to in article 27 shall identify any planning application in respect of which—

(a) an EIS has been received by the planning authority with a planning application,

(b) a notice has been served by the planning authority under article 103, or

Notice of EIS.

107.

(1) Where a planning application is accompanied by an EIS, the planning authority shall, in addition to the requirements of article 28(2), send a copy of the EIS to any body it is required to notify under that article.

(2) Where a planning authority receives an EIS pursuant to a notice under article 103, it shall, as soon as may be following receipt of the EIS—

(a) where notice has already been sent in accordance with article 28(1) to the bodies referred to in that article, as appropriate, send a copy of the EIS to any such bodies, indicating that a submission or observation in relation to the EIS may be made in writing to the planning authority within 5 weeks of the date of receipt by the authority of the EIS, and

(b) notify any person who made a submission or observation in relation to the planning application in accordance with article 29(1), indicating that—

(i) the EIS is available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the authority and that a submission or observation in relation to the EIS may be made in writing to the authority within 5 weeks of the date of receipt by the authority of the EIS, and

(ii) no further fee shall be payable on condition that any submission or observation referred to in sub-paragraph (i) is accompanied by a copy of the acknowledgement by the authority of receipt of a submission or observation referred to in article 29(2).

Adequacy of EIS.

108.

(1) A planning authority shall consider whether an EIS submitted in respect of a planning application complies with article 94 or, where the authority has given a written opinion under article 95(4), it shall consider whether the EIS complies with the said opinion.

(2) Where a planning authority decides that an EIS does not comply with article 94, or any relevant written opinion given by the authority under article 95(4), as appropriate, the authority shall, in accordance with article 33, require the applicant to submit such further information as may be necessary to comply with article 94 or 95(4), as appropriate.

Chapter 3 Planning Appeals

Requirement to submit EIS.

109.

(1) Where the Board considers that an appeal relates to a planning application for a class of development to which article 93 applies, and an EIS was not submitted to the planning authority in respect of the planning application, the Board shall require the applicant to submit an EIS to the Board.

(2) Where an appeal relates to a planning application for sub-threshold development, and an EIS was not submitted to the planning authority in respect of the planning application, the Board shall, where it considers that the development would be likely to have significant effects on the environment, require the applicant to submit an EIS to the Board.

(3) Where an appeal relates to a planning application for sub-threshold development, and an EIS was not submitted to the planning authority in respect of the planning application, and the development would be located on or in—

(a) a European site,

(b) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act, 2000 (No. 38 of 2000),

(d) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976) as amended by sections 26 and 27 of the Wildlife (Amendment) Act, 2000 , or

(e) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act, 1976 as amended by section 28 of the Wildlife (Amendment) Act, 2000 ,

the Board shall decide whether the development would or would not be likely to have significant effects on the environment of such site, area or land, as appropriate.

(4) The Board shall, in deciding under this article whether a proposed development would or would not be likely to have significant effects on the environment, have regard to the criteria set out in Schedule 7.

Exemption under section 172(3) of Act.

110.

(1) Where an exemption has been granted under section 172(3) of the Act in respect of a proposed development which is the subject of an appeal, the Board may not request an EIS in respect of that development.

(2) Where an appeal relates to a planning application for development in respect of which an exemption has been granted under section 172(3) of the Act, and the Board applied other requirements under that sub-section, the Board shall, where it considers that such requirements have not been complied with, by notice in writing, require the applicant to comply with such requirements.

Adequacy of EIS.

111.

(1) The Board shall consider whether an EIS received by it in connection with an appeal complies with article 94 or, where a written opinion has been given under article 95(4), the Board shall consider whether the EIS complies with the said opinion.

(2) Where the Board decides that an EIS does not comply with article 94, or any relevant written opinion under article 95(4), as appropriate, it shall issue a notice under section 132 of the Act requiring the applicant to submit such further information as may be necessary to comply with the relevant article.

Newspaper notice.

112.

(1) The Board shall publish, in at least one approved newspaper, notice of any appeal in respect of which it has received an EIS.

(2) A notice published in accordance with sub-article (1) shall state-

(a) the name of the planning authority,

(b) the reference number of the planning application,

(d) the name of the appellant,

(e) the name of the applicant,

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

(g) a brief description of the nature and extent of the proposed development,

(h) that an EIS has been received by the Board in respect of the appeal,

(i) where, and the period during which, the EIS will be available for inspection or purchase, and

(j) that a submission or observation on the appeal may be made to the Board, on payment of the appropriate fee, within 4 weeks beginning on the date of publication of the notice.

Notice of further information.

113.

Where an appeal involves an EIS, and the Board considers that any submission, observation, document, particulars or other information submitted to it in response to a request or requirement of the Board contains significant additional information on the effects on the environment of the proposed development, the Board shall publish, in at least one approved newspaper, a notice stating that

(a) significant additional information on the effects on the environment of the proposed development has been furnished to the Board, and

(b) that the further information will be available for inspection or for purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the Board or such other places as the Board may specify and that a submission or observation on the further information may be made in writing to the Board within a specified period on payment of the appropriate fee.

Availability for inspection or purchase of EIS at offices of Board.

114.

An EIS received by the Board in connection with an appeal shall, as soon as maybe following receipt of the EIS, be made available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the Board or such other convenient place as the Board may specify.

Availability for inspection or purchase of EIS at offices of planning authority.

115.

(1) Where an EIS is sent to the Board pursuant to article 109, the Board shall send a copy to the relevant planning authority.

(2) The planning authority shall, as soon as may be following receipt of an EIS under sub-article (1), make the EIS 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 authority until the appeal is withdrawn or is dismissed or determined by the Board or, in the case of an appeal referred to in section 139 of the Act, a direction is given to the authority in relation to that appeal.

Board's weekly list.

116.

Where a planning authority sends an EIS to the Board in accordance with the requirements of section 128 of the Act, the list made available by the Board under article 72(2) shall indicate that fact.

Chapter 4 Local Authority Development

Scoping request to Board.

117.

Before making an application for approval to the Board under section 175(3) of the Act, a local authority may, in accordance with article 95, request the Board to provide a written opinion on the information to be contained in the EIS.

Application to Board for approval.

118.

When making an application for approval under section 175(3) of the Act, a local authority shall, subject to article 119, send to the Board-

(a) 3 copies of the plans and particulars of the proposed development,

(b) 3 copies of the EIS for the proposed development,

(d) a list of the bodies to which notice was sent under section 175(4)(b) of the Act and an indication of the date on which the notice was sent.

EIS exemption - other requirements.

119.

(1) Where the Board has, in granting an exemption in respect of proposed development under section 175(8) of the Act, applied other requirements under that sub-section, the application for approval in respect of the proposed development shall comply with such requirements.

(2) Where an application for approval to which the Board has applied other requirements in respect of proposed development under section 175(8) of the Act, does not comply with sub-article (1), the Board shall, by notice in writing, require the local authority to comply with such requirements.

Sub-threshold EIS.

120.

(1) Where a local authority proposes to carry out a sub-threshold development, and where it considers that the development would be likely to have significant effects on the environment, it shall prepare, or cause to be prepared, an EIS in respect thereof.

(2) Where a local authority proposes to carry out a sub-threshold development which would be located on or in -

(a) a European site,

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

(d) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 as amended by sections 26 and 27 of the Wildlife (Amendment) Act, 2000 , or

(e) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act, 1976 as amended by section 28 of the Wildlife (Amendment) Act, 2000 ,

the local authority concerned shall decide whether the development would or would not be likely to have significant effects on the environment of such site, area or land, as appropriate.

(3)
(a) The Board shall, where it considers that sub-threshold development proposed to be carried out by a local authority would be likely to have significant effects on the environment, require the local authority to prepare, or cause to be prepared, an EIS in respect thereof.

(b) For the purposes of paragraph (a), a local authority shall provide information requested by the Board in relation to a sub-threshold development proposed to be carried out by the local authority.

(4) A local authority or the Board shall, in deciding under this article whether a proposed development would or would not be likely to have significant effects on the environment, have regard to the criteria set out in Schedule 7.

(5) Where an EIS is prepared, or caused to be prepared, by a local authority under this article, the local authority concerned shall apply to the Board for approval.

(6) An application for approval under sub-article (5) shall be deemed to be an application for approval under section 175(3) of the Act and the provisions of that section shall apply to the application.

(7) Where a local authority makes a decision under sub-article (2) that a proposed development would not be likely to have significant effects on the environment, it shall, in addition to the documents specified in article 83, make the said decision available for inspection in accordance with that article.

Notice to certain bodies.

121.

(1) The prescribed authorities for the purposes of section 175(4) of the Act shall be—

(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, Bord 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 Bord Fáilte Éireann,

(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) that 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.

(2) A reference in sub-article (1) 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 Limited, be construed as a reference to that Company.

Content of decision.

122.

A decision by the Board on an application for approval under section 175 of the Act shall state the main reasons and considerations on which the decision is based.

Notice of Board's decision on application for approval.

123.

(1) The Board shall, as soon as may be following the making of its decision on an application for approval -

(a) publish, in an approved newspaper, notice of its decision, and

(b) notify the local authority concerned, and any person or body who made a submission or observation in accordance with section 175(4) of the Act, of its decision.

(2) A local authority shall, as soon as may be following receipt of notification from the Board under sub-article (1)(b), make a copy of the decision and the relevant EIS 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 local authority.

Chapter 5 Transboundary Environmental Effects

Transboundary environmental effects - notification of Minister.

124.

(1) (a) In the case of a planning application to which this Part applies, the relevant planning authority, or in the case of an appeal or application for approval to which this Part applies, the Board, as soon as may be after its receipt, shall notify the Minister of such planning application, appeal or application for approval where, in its opinion, the proposed development to which the application, appeal or application for approval relates would be likely to have significant effects on the environment in a transboundary State.

(b) A notification to the Minister under paragraph (a) shall state—

(i) (I) in the case of a planning application, the name and address of the applicant,

(II) in the case of an appeal, the name and address of the applicant to which the appeal relates and the nature of the appeal, and

(III) in the case of an application for approval, the name of the local authority,

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

(iii) the nature and extent of the proposed development,

(iv) the date of receipt of the application, appeal or application for approval, and

(v) if the proposed development comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact.

(2) A notice under sub-article (1) shall be accompanied by a copy of any relevant EIS.

Transboundary environmental effects - information to Minister.

125.

The Minister may, in the case of a planning application, appeal or application for approval to which this Part applies, and—

(a) which, in his or her opinion, involves development which would be likely to have significant effects on the environment in a transboundary State, or

(b) where a transboundary State considers that the development would be likely to have such effects and has requested that it be provided with information on the proposed development,

require the planning authority or the Board, as appropriate, to furnish to him or her such details, information or documents as he or she may specify in relation to such application, appeal or application for approval, as appropriate.

Transboundary consultation.

126.

(1) Where the Minister is notified under article 124(1), or details, information or documents are supplied to him or her under article 125, he or she shall consult with the relevant planning authority or the Board in relation to—

(a) providing to the State concerned information on the proposed development, including the EIS, and

(b) consulting with the State concerned in relation to the potential transboundary effects of the proposed development.

(2) Following consultations between the Minister and a planning authority or the Board under sub-article (1), the relevant planning authority or the Board, as appropriate, shall provide information on the proposed development, including the EIS, to the State concerned and enter into consultations with the State concerned in relation to the potential transboundary effects of the proposed development.

(3) Where a planning authority or the Board has provided information and entered into consultations with the State concerned, the relevant planning authority or the Board, as appropriate, shall notify, in the case of a planning application, the applicant, in the case of an appeal, the parties to the appeal, or in the case of an application for approval, the local authority, of that fact.

Notification of Board by planning authority.

127.

Where notice of, or details, information or documents in relation to, a planning application has or have been given to the Minister by a planning authority under article 124 or 125, the authority shall, when complying with the requirements of section 128 of the Act, notify the Board of that fact.

Request for further information.

128.

(1) In the case of a planning application to which this Chapter applies, a planning authority may, having regard to the views of a transboundary State, and notwithstanding article 33(2), require an applicant to submit further information in respect of the application.

(2) Where a planning authority considers that further information submitted under sub-article (1) contains significant additional data on the effects on the environment of the proposed development, it shall as soon as may be following receipt of the further information—

(a) send notice of, and a copy of, the further information received by the authority to -

(i) any person or body specified in article 28, indicating that a submission or observation on the further information may be made in writing to the planning authority within 4 weeks of the date of the notice,

(ii) the Minister, and

(iii) any relevant transboundary State,

(b) notify any person who made a submission or observation in relation to the planning application in accordance with article 29(1) indicating—

(i) that the further information is available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the authority, and that a submission or observation on the further information may be made in writing to the planning authority within 4 weeks of the date of the notice, and

(ii) that no further fee shall be payable on condition that any submission or observation referred to in sub-paragraph (i) is accompanied by a copy of the acknowledgement by the authority of receipt of a submission or observation referred to in article 29(2),

(c) require the applicant to publish in an approved newspaper a notice, containing as a heading the name of the planning authority and marked “Environmental Impact Statement - Further Information”, 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 in relation to the application has been furnished to the planning authority,

(v) that the further information is available for inspection or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the authority, and that a submission or observation in relation to the further information may be made in writing to the planning authority within a specified period on payment of the prescribed fee.

(3) Where a planning authority considers that the notice published in accordance with sub-article (2)(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.

(4) In the case of an appeal to which this Chapter applies, the Board may, having regard to the views of a transboundary State, issue a notice under section 132 of the Act requiring the applicant for planning permission to submit further information to the Board.

(5) In the case of an application for approval to which this Chapter applies, the Board may, having regard to the views of a transboundary State, in accordance with section 175(5) of the Act, require the local authority to furnish further information to the Board.

Notice of further information to Minister and transboundary State.

129.

(1) Where a planning authority considers that further information or evidence submitted in response to a request under article 33, in respect of a planning application to which this Chapter applies, contains significant additional data on the effects on the environment of the proposed development, it shall, in addition to the requirements of that article, send a copy of the relevant information or evidence to the Minister and any relevant transboundary State.

(2) Where the Board considers that any submission, observation, document, particulars or other information submitted to it in response to a request or requirement of the Board, in respect of an appeal or application for approval to which this Chapter applies, contains significant additional data on the effects on the environment of the proposed development, it shall send a copy of the relevant data to the Minister and any relevant transboundary State.

Minimum period for determining planning application, appeal or application for approval.

130.

A planning authority shall, notwithstanding section 34(8) of the Act, not decide to grant or refuse permission in respect of a planning application to which this Chapter applies, or the Board shall not determine an appeal or application for approval to which this Chapter applies, until after

(a) the views, if any, of any relevant transboundary State have been received in response to consultations under article 126(2), or

(b) the consultations are otherwise completed.

Notice of decision.

131.

A notice under article 31, 74 and 123 shall, in the case of an application, appeal or application for approval to which this Chapter applies, be sent to -

(a) the Minister, and

(b) any relevant transboundary State.

Public notice of information received pursuant to request under section 174(4) of Act.

132.

(1) Where, in response to a request under section 174(4) of the Act, the Minister receives information from a transboundary State in relation to development in such State, he or she shall, as soon as may be following receipt of such information, notify any planning authority likely to be affected by the proposed development and send a copy of the information to any such authority.

(2) A planning authority shall, as soon as may be following receipt of information under sub-article (1), publish a notice in an approved newspaper stating that -

(a) information has been received in relation to proposed development in such transboundary State,

(b) the proposed development has potential transboundary effects,

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

(d) a submission or observation in relation to the proposed development may be made in writing to the authority within a specified period.

(3) As soon as may be following receipt of any submission or observation referred to in sub-article (2), the relevant planning authority shall consult with the Minister in relation to consultation with the State concerned on the potential transboundary effects of the proposed development.

(4) Following consultations between the Minister and a planning authority under sub-article (3), the relevant planning authority shall enter into consultations with the State concerned in relation to the potential transboundary effects of the proposed development.

PART 11 Major Accidents Directive

Chapter 1 Planning Applications

Newspaper notice - planning application.

133.

In addition to the requirements of article 18, where a planning application relates to the provision of, or modifications to, an establishment, a notice under article 17(1)(a) shall indicate that fact.

Restriction on application for outline permission.

134.

In addition to the provisions of article 21, an outline application may not be made in respect of the provision of, or modifications to, an establishment.

Content of planning application.

135.

In addition to the requirements of article 22, where a planning application relates to the provision of, or modifications to, an establishment, the planning application shall be accompanied by 4 copies of the information specified in the Third Schedule of the Major Accident Regulations.

Weekly list of planning applications.

136.

Where a planning application relates to the provision of, or modifications to, an establishment, the list made available under article 27 shall indicate that fact.

Notice to National Authority for Occupational Safety and Health.

137.

(1) In addition to the requirements of article 28, where—

(a) a planning authority receives a planning application relating to the provision of, or modifications to, an establishment, and, in the authority's opinion, the development would be relevant to the risk or consequences of a major accident,

(b) a planning authority receives a planning application relating to development which would—

(i) be of a category listed in Table 1 of Schedule 8, and

(ii) be located within the distance listed in column 2 of Table 2 of Schedule 8 from an establishment of the corresponding type listed in column 1 of Table 2, or be located within such distance from a particular establishment as has been specified by the National Authority for Occupational Safety and Health in technical advice provided under article 29 of the Major Accident Regulations,

and the National Authority for Occupational Safety and Health has not previously provided, either in relation to the development to which the application relates or on a generic basis, relevant technical advice on the risk or consequences of a major accident,

(i) in the vicinity of an establishment, and

(ii) relevant to the risk or consequences of a major accident,

the planning authority shall notify the National Authority for Occupational Safety and Health.

(2) In forming an opinion pursuant to sub-article (1)(c), a planning authority shall have regard to Tables 1 and 2 of Schedule 8.

(3) A notice sent by a planning authority under sub-article (1) shall -

(a) issue within 3 weeks of receipt of the planning application,

(b) include a copy of the relevant planning application,

(c) where the planning application relates to development referred to in sub-article (1)(b) or (c), identify the relevant establishment or establishments,

(d) where an EIS has been submitted with the planning application, include a copy of the statement,

(e) where the planning application relates to development which comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, indicate that fact, and

(f) request technical advice on the effects of the proposed development on the risk or consequences of a major accident.

Chapter 2 Planning Appeals

National Authority for Occupational Safety and Health advice to be submitted to Board by planning authority.

138.

Where an appeal relates to development in respect of which the planning authority received technical advice from the National Authority for Occupational Safety and Health, the planning authority concerned shall, in addition to the requirements of section 128 of the Act, submit a copy of the relevant technical advice to the Board.

Newspaper notice - appeal.

139.

Where a notice is required under article 113 and where an appeal relates to the provision of, or modifications to, an establishment, the notice shall indicate that fact.

Board's weekly list.

140.

Where an appeal relates to development which consists of the provision of, or modifications to, an establishment, a list made available by the Board under article 72(1) shall indicate that fact.

Notice to National Authority for Occupational Safety and Health.

141.

(1) Where—

(a) the Board receives an appeal relating to the provision of, or modifications to, an establishment, and, in the Board's opinion, the development would be relevant to the risk or consequences of a major accident, and the planning authority has not already sent notice under article 137 to the National Authority for Occupational Safety and Health,

(b) the Board receives an appeal relating to development which would, in its opinion—

(i) be of a category listed in Table 1 of Schedule 8, and

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