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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State Partially repealed superseded text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

(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 to the planning authority or the Board, either in relation to the development to which the appeal 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 Board shall notify the National Authority for Occupational Safety and Health.

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

(3) A notice sent by the Board under sub-article (1) shall—

(a) issue within 2 weeks of receipt from the planning authority of documentation referred to in section 128 of the Act,

(b) include a copy of the relevant appeal and of any documentation received from the planning authority under section 128 of the Act,

(c) where the appeal 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 EIS,

(e) where the appeal 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 3 Local Authority Development requiring Environmental Impact Assessment

Public notice of application for approval.

142.

Where an application for approval under section 175 of the Act relates to the provision of, or modifications to, an establishment, a notice under sub-section (4) of that section shall indicate that fact.

Notice of local authority development to National Authority for Occupational Safety and Health.

143.

(1) In addition to the requirements of article 121, where-

(a) development proposed to be carried out by or on behalf of a local authority -

(i) relates to the provision of, or modifications to, an establishment, and

(ii) would, in its opinion, be relevant to the risk or consequences of a major accident,

(b) development proposed to be carried out by or on behalf of a local authority 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 to the planning authority, either in relation to the development to which the application for approval will relate or on a generic basis, relevant technical advice on the risk or consequences of a major accident,

(i) be in the vicinity of an establishment, and

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

the local 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 local authority under sub-article (1) shall—

(a) include a copy of the application for approval,

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

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

(e) request that technical advice on the effects of the proposed development on the risk or consequences of a major accident be supplied to the Board.

Content of application for approval.

144.

In addition to the requirements of article 118, an application for approval under section 175 of the Act shall include a copy of any relevant technical advice provided by the National Authority for Occupational Safety and Health.

Chapter 4 Local Authority Development not requiring Environmental Impact Assessment

Local authority prescribed development.

145.

Development (excluding development referred to in Chapter 3 of this Part) which relates to the provision of, or modifications to, an establishment and which could have significant repercussions on major accident hazards, shall be prescribed for the purposes of section 179 of the Act and the provisions of Part 8 shall apply.

Newspaper notice of proposed local authority development.

146.

Where development is of a type referred to in article 145, a notice under article 81 shall indicate that fact.

Notice of proposed local authority development to National Authority for Occupational Safety and Health.

147.

(1) In addition to the requirements of article 82, where—

(a) proposed development is of a type referred to in article 145,

(b) proposed development referred to in article 80 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 to the local authority, either in relation to the proposed development or on a generic basis, relevant technical advice on the risk or consequences of a major accident,

(i) be in the vicinity of an establishment, and

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

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

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

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

(a) include details of the proposed development,

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

(c) where the proposed development comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, indicate that fact, and

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

Manager's report to members of local authority.

148.

A report prepared under section 179(3) of the Act shall include a copy of any relevant technical advice received from the National Authority for Occupational Safety and Health.

Notice under article 84 to National Authority for Occupational Safety and Health.

149.

A notice referred to in article 84 in respect of proposed development referred to in article 147(1) shall also be sent to the National Authority for Occupational Safety and Health.

Chapter 5 State Authority Development

Notice of proposed state authority development to National Authority for Occupational Safety and Health.

150.

(1) In addition to the requirements of article 87, where-

(a) proposed development 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 to the State authority, either in relation to the proposed development or on a generic basis, relevant technical advice on the risk or consequences of a major accident,

(b) proposed development would, in the opinion of State authority,—

(i) be in the vicinity of an establishment, and

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

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

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

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

(a) include details of the proposed development,

(b) identify the relevant establishment or establishments, and

(4) For the purposes of this article, “proposed development” has the meaning assigned to it in article 87(1).

Chapter 6 Declaration and Referral under section 5 of the Act

Notice of declaration to National Authority for Occupational Safety and Health.

151.

(1) Where a planning authority receives a request for a declaration under section 5 of the Act relating to the provision of, or modifications to, an establishment, and, in the opinion of the authority, the development could have significant repercussions on major accident hazards, the authority shall send notice to the National Authority for Occupational Safety and Health.

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

(a) issue as soon as may be following receipt of the request for a declaration,

(b) include a copy of the relevant request for a declaration,

National Authority for Occupational Safety and Health advice to be included in documentation supplied to Board by planning authority.

152.

Where a planning authority submits information or documentation to the Board under section 128 of the Act in respect of a referral to which article 151 applies, it shall include a copy of any relevant technical advice received from the National Authority for Occupational Safety and Health.

Notice of referral to National Authority for Occupational Safety and Health.

153.

(1) Where the Board receives a referral under section 5 of the Act relating to the provision of, or modifications to, an establishment, and which, in the opinion of the Board, could have significant repercussions on major accident hazards, and the planning authority has not already done so, the Board shall notify the National Authority for Occupational Safety and Health.

(2) A notice sent by the Board under sub-article (1) shall—

(a) issue as soon as may be following receipt of the referral,

(b) include a copy of the relevant referral,

Board's weekly list.

154.

In addition to the requirements of article 72(4), where a referral under section 5 of the Act relates to the provision of, or modifications to, an establishment, the list shall indicate that fact.

Public notice of referral.

155.

Where a notice is required under section 142(4) of the Act in respect of a referral under section 5 of the Act which relates to the provision of, or modifications to, an establishment, and which, in the opinion of the Board, could have significant repercussions on major accident hazards, the notice shall indicate that fact.

PART 12 Fees

Fee for planning application.

156.

Subject to the provisions of this Part, a fee shall be paid to a planning authority by an applicant when making a planning application.

Exemptions.

157.

(1) Where a planning application consists of or comprises development which, in the opinion of the planning authority, is development proposed to be carried out by or on behalf of a voluntary organisation, and which in the opinion of the planning authority—

(a) is designed or intended to be used for social, recreational, educational or religious purposes by the inhabitants of a locality, or by people of a particular group or religious denomination, and is not to be used mainly for profit or gain,

(b) is designed or intended to be used as a work-shop, training facility, hostel or other accommodation for persons with disabilities and is not to be used mainly for profit or gain, or

a fee shall not be payable when making any such application.

(2) Where a planning application consists of or comprises the provision of houses, or development ancillary to such provision, which is proposed to be carried out by or on behalf of a body approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992) and is not to be used mainly for profit or gain, a fee shall not be payable in respect of any such development.

Standard Fee.

158.

The amount of the fee payable in respect of a planning application shall, subject to articles 159, 160 and 161 and Section 3 of Schedule 9, be the amount indicated in column 2 of Section 2 of the said Schedule, opposite the mention of the relevant class of development in column 1 of Section 2 of the said Schedule.

Fee for planning applications relating to retention of unauthorised development.

159.

Subject to Section 3 of Schedule 9, the amount of the fee payable in respect of an application for permission for the retention of unauthorised development shall be the amount indicated in column 3 of Section 2 of the said Schedule, opposite the mention of the relevant class of development in column 1 of Section 2 of the said Schedule.

Application for outline permission fee.

160.

Subject to Section 3 of Schedule 9, the amount of the fee payable in respect of an application for outline permission shall be three quarters of the amount indicated in column 2 of Section 2 of the said Schedule, opposite the mention of the relevant class of development in column 1 of Section 2 of the said Schedule.

Reduced fee

161.

(1) Subject to sub-article (3) and Section 3 of Schedule 9, the amount of the fee payable in respect of an application mentioned in sub-article (2) shall be one quarter of the amount indicated in column 2 of Section 2 of the said Schedule, opposite the mention of the relevant class of development in column 1 of Section 2 of the said Schedule.

(2) The applications referred to in sub-article (1) are—

(a) an application for permission consequent on the grant of outline permission,

(b) an application which relates to development which differs from development authorised by a previous permission by reason only of—

(i) a change in the type of house proposed to be constructed, erected or made, or

(ii) the modification of the design or of the external appearance of a building or other structure proposed to be constructed, erected or made, or

(c) an application for permission for development which relates to development authorised by a permission to which section 96(15) of the Act applies.

(3) This article shall have effect only where a fee under this Part or under the 1994 Regulations, as amended by the 1998 Regulations or the 2001 Regulations, has been paid in relation to the relevant previous permission.

Refund of fee in case of certain repeat applications.

162.

(1) Where a planning application (not being an application for permission consequent on the grant of outline permission or an application for retention of unauthorised development) is either—

(a) withdrawn before a decision to grant or to refuse the relevant permission is made by the planning authority, or

(b) determined by the planning authority or by the Board,

and a subsequent such application is made by or on behalf of the same applicant, the planning authority shall, subject to sub-article (3) and article 163 and to paragraph 5 of Section 3 of Schedule 9, refund three quarters of the fee paid to it in respect of the subsequent application if, and only if, each of the conditions mentioned in sub-article (2) is complied with.

(2) The conditions referred to in sub-article (1) are—

(a) the planning authority is satisfied that the subsequent application relates to development of the same character or description as the development to which the earlier application related,

(b) a fee under this Part (or under the 1994 Regulations as amended by the 1998 Regulations or the 2001 Regulations) in respect of the class or classes of development to which the subsequent application relates has been paid in respect of the earlier application,

(c) the period between the withdrawal or determination of the first application and the making of the subsequent application does not exceed one year,

(d) the authority is satisfied that the subsequent application relates to land substantially consisting of the site or part of the site to which the earlier application related,

(e) no previous refund under sub-article (1) or under article 94 of the 1994 Regulations has at any time been made to the same applicant in respect of an application which related substantially to the same land and to development of the same character or description as that to which the subsequent application relates, and

(f) the case is not a case where a reduced fee has been paid under article 161 or under article 93 of the 1994 Regulations.

(3) A claim for a refund under this article shall be made in writing to the planning authority and received by it within 8 weeks of the date of the decision of the planning authority in respect of the subsequent application.

Discretionary power to refund fee in certain limited circumstances.

163.

(1) Notwithstanding any other provision of this Part, but subject to paragraph 5 of Section 3 of Schedule 9, a planning authority shall have an absolute discretion to refund a part of the fee payable in respect of a particular planning application where it is satisfied that the payment in full of the fee would not be just and reasonable having regard to any of the following—

(a) the limited extent of the development,

(b) the limited cost of the development,

(c) the fee payable in respect of an application for any other development of a similar character, extent or description.

(2) A decision under sub-article (1) shall contain a statement specifying the reasons for the decision.

Applications involving mixed development.

164.

(1) Subject to sub-article (2), where a planning application relates to development which is within more than one of the classes mentioned in column 1 of Section 2 of Schedule 9—

(a) an amount shall be calculated in accordance with this Part in respect of the development which is within each such class, and

(b) the sum of the amounts so calculated shall, subject to Section 3 of the said Schedule, be taken as the amount of the fee payable in respect of the development to which the application relates.

(2) Sub-article (1) shall not have effect in relation to development comprising the provision of roads, car parks, services, open spaces or any structures or other works which are included in the planning application and are incidental to development of the class or classes to which the application primarily relates.

(3) Where a planning application referred to in sub-article (1) relates to a building which is to contain floor space which it is proposed to use (or which is designed for use or is capable of use) for the purposes of providing common access or common services or facilities for persons occupying or using the building, the amount of such common floor space appropriate to each class of development mentioned in column 1 of Section 2 of Schedule 9 shall be taken, for the purposes of the calculation referred to in sub-article (1)(a), to be such proportion of the common floor space as the amount of floor space coming directly within the class bears to the total amount of gross floor space in the building.

Applications involving multipurpose development.

165.

Where a planning application relates to development which is designed for, or capable of, or intended for, use for one of several purposes, the amount of the fee payable in respect of each of the relevant classes of development mentioned in column 1 of Section 2 of Schedule 9 shall be calculated and the fee payable shall, subject to Section 2 of the said Schedule, be the highest of those amounts.

Applications involving alternate plans.

166.

Where a planning application includes proposals for materially different layouts or designs relating to the proposed development, the fee payable in respect of the application shall be calculated as if each proposal constituted a separate planning application.

Calculation of site area and gross floor space.

167.

(1) Where, in respect of any class of development mentioned in column 1 of Section 2 of Schedule 9, the amount of the fee is to be calculated by reference to the site area, that area shall be taken as consisting of the area of land to which the application relates.

(2) Where, in respect of any class of development mentioned in column 1 of Section 2 of Schedule 9, the amount of the fee is to be calculated by reference to the site area or the area of gross floor space to be provided and the relevant area is less than the unit of measurement specified in respect of the relevant class of development or is not an exact multiple of that unit, the fraction of a unit remaining after division of the total area by the unit of measurement shall be treated, for the purposes of calculating the fee payable in respect of the application, as a complete unit.

Fee for submission or observation in respect of planning application.

168.

(1) (a) Subject to sub-articles (2) and (3), a fee shall be paid to the planning authority by a person or body who makes a submission or observation to the planning authority regarding an application for permission.

(b) The amount of the fee payable to the planning authority shall be the amount indicated in column 2 of Section 2 of Schedule 10, opposite the mention of a submission or observation on a planning application.

(2) Sub-article (1) shall not apply where the person or body by whom a submission or observation is made is—

(a) a local authority,

(b) a body notified or entitled to be notified in accordance with article 28,

(d) a transboundary State.

(3) Where a fee has been paid under this article by a person or body by whom a submission or observation is made in respect of a particular application for permission, a fee shall not be payable in respect of any further submission or observation made in accordance with Part 4 by or on behalf of the same person in respect of the same application.

Fee for requests for declarations under section 5 of Act.

169.

(1) A person making a request for a declaration to the planning authority under section 5 of the Act shall pay a fee to the planning authority.

(2) The amount of the fee payable to the planning authority shall be the amount indicated in column 2 of Schedule 10, opposite the mention of a request for a declaration.

Fee for application to extend or further extend appropriate period.

170.

(1) A fee shall be paid to a planning authority by an applicant in respect of an application under section 42 of the Act for an extension or further extension, as regards a particular permission, of the appropriate period within the meaning of section 40(3) of the Act.

(2) The amount of the fee payable in respect of an application mentioned in sub-article (1) shall be the amount indicated in column 2 of Schedule 10, opposite the mention of such an application.

Transitional - Fees to Planning Authority.

171.

Where a planning application or an application under section 4 of the Act of 1982 for an extension or further extension as regards a particular permission of the appropriate period within the meaning of section 2 (5) of that Act is received by a planning authority before the coming into operation of this Part, the fee to be paid to the planning authority shall be the fee payable under the 1994 Regulations, as amended by the 2001 Regulations, notwithstanding any repeal of those Regulations.

Transitional - Fees to Board.

172.

The fees to be paid to the Board in Chapter III of Part VII of, and the Fifth Schedule to, the 1994 Regulations, as amended by the 2001 Regulations, shall continue to be payable to the Board in accordance with that Chapter until such time as the Board determines fees in accordance with section 144 of the Act.

PART 13 Compensation

Interpretation for this Part.

173.

In this Part, “compensation claim” means a claim for compensation under Part XII of the Act.

Compensation claim.

174.

(1) A compensation claim shall be made to the planning authority in writing and shall include—

(a) the name and address of the claimant and a statement of his or her interest in the land to which the claim relates,

(b) a statement of the matter in respect of which the claim is made, the provision of the Act under which it is made, the amount of compensation claimed and the basis on which that amount has been calculated, and

(c) the names and addresses of all other persons (so far as they are known to the claimant) having an interest in the land to which the claim relates, or, where the claimant does not know of any such persons, a statement to that effect.

(2) Where a planning authority receives a compensation claim which fails to comply with a requirement of sub-article (1), the authority shall, by notice in writing, require the claimant to comply with such requirement and defer consideration of the claim until the claimant has complied with such requirement.

Notice of claim.

175.

(1) Within 4 weeks of the receipt by a planning authority of a compensation claim, or within 4 weeks of compliance with a requirement under article 174, the planning authority shall, unless the claim is withdrawn, give notice in writing to every person, other than the claimant, appearing to them to have an interest in the land to which the claim relates.

(2) A notice under sub-article (1) shall state the name and address of the claimant, the land to which the claim relates, the matter in respect of which the claim is made and, where the relevant period under section 183 of the Act for the making of a compensation claim has not expired, the date, having regard to the timelimits specified in section 183 (subject to subsection (2) of that section), after which a further claim for compensation in respect of that matter cannot be made.

(3) Where more than one compensation claim in respect of the same matter has been received by a planning authority, the provisions of sub-article (1) shall not apply in respect of any other claimant or persons who have already been given notice of a claim in respect of that matter under that sub-article.

Provision of certain evidence and information.

176.

Where a compensation claim is made, the planning authority may, by notice in writing, require the claimant to provide evidence in support of the claim and evidence as to the claimant's interest in the land to which the claim relates and may defer consideration of the claim until the claimant has complied with such requirement.

Notice under section 192 of Act.

177.

A notice under section 192 of the Act served on a person by whom or on behalf of whom a compensation claim under section 190 of the Act has been made shall—

(a) indicate the land to which the notice relates,

(b) state that, notwithstanding the refusal of permission to develop the land or the grant of such permission subject to conditions (as the case may be), the land in question is, in the opinion of the planning authority, capable of other development for which permission under Part III of the Act ought to be granted,

(c) indicate in outline the nature and extent of the other development (being other development within the meaning of section 192 of the Act) of which, in the opinion of the planning authority, the land is capable,

(d) state that the notice shall continue in force for a period of 5 years commencing on the day of service of the notice unless, before the expiration of that period,—

(i) the notice is withdrawn by the planning authority,

(ii) a permission is granted under Part III of the Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, subject to no conditions or to conditions of a class or description set out in the Fifth Schedule of the Act, or

(iii) the notice is annulled by virtue of section 192(5) of the Act, and

(e) state that compensation shall not be payable on the claim in respect of the land in question where—

(i) the notice is in force,

(ii) an application for permission under Part III of the Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice has not been made before the expiration of the notice, or

(iii) permission is granted under Part III of the Act to develop the land to which the notice relates in a manner consistent with the other development specified in the notice, subject to no conditions or to conditions of a class or description set out in the Fifth Schedule of the Act.

Transitional

178.

Where a compensation claim has been made in accordance with the 1994 Regulations prior to the coming into force of these Regulations, the claim shall be determined in accordance with those Regulations.

PART 14 Strategic Development Zones

Authorities prescribed under section 169 of Act.

179.

(1) The prescribed authorities for the purposes of section 169 of the Act shall be -

(a) the regional authority within whose region the site or sites to which the draft planning scheme applies is or are situated, and

(b) any planning or other local authority whose area is within or contiguous to the site or sites to which the draft planning scheme applies.

(2) In addition to the requirements of sub-article (1), a copy of the draft planning scheme shall be sent to—

(a) where a draft planning scheme relates wholly or mainly to industrial or commercial development — Forfás,

(b) where it appears to the planning authority that development under the draft planning scheme would be likely to impact on the provision of education services — the Minister for Education and Science,

(c) where it appears to the planning authority that development under the draft planning scheme would be likely to have significant effects on public health or might otherwise impact on the provision of health services — the appropriate health board,

(d) where it appears to the planning authority that development under the draft planning scheme would be likely to impact on public transport, energy or communication networks — the Minister for Public Enterprise,

(e) where it appears to the planning authority that development under the draft planning scheme would be likely to give rise to a significant increase in the volume of traffic using a national road or would otherwise have significant effects on the national road network — the National Roads Authority,

(f) where it appears to the planning authority that development under the draft planning scheme would be likely to significantly impact on the implementation of the DTI Strategy — the Dublin Transportation Office,

(g) where it appears to the planning authority that development under the draft planning scheme would be likely to—

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

(iii) 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) 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),

— 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,

(h) where it appears to the planning authority that the site or sites to which the draft planning scheme applies is or are 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 development under the draft planning scheme would be likely to obstruct any view or prospect of special amenity value or special interest — An Chomhairle Ealaíon, Bord Fáilte Éireann and An Taisce — the National Trust for Ireland,

(i) where it appears to the planning authority that development under the draft planning scheme would be likely to obstruct or detract from the value of any tourist amenity or tourist amenity works — Bord Fáilte Éireann,

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

(k) where it appears to the planning authority that development under the draft planning scheme would be likely to—

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

(ii) 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) 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,

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

(l) where it appears to the planning authority that development under the draft planning scheme might impact on the foreshore — the Minister for the Marine and Natural Resources,

(m) where it appears to the planning authority that development under the draft planning scheme would be likely to increase the risk of a major accident or would be of such a nature as to be likely, if a major accident were to occur, and having regard to all the circumstances, to cause there to be serious consequences — the National Authority for Occupational Safety and Health,

(n) where it appears to the planning authority that development under the draft planning scheme might endanger or interfere with the safety of, or the safe and efficient navigation of, aircraft — the Irish Aviation Authority,

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

(p) 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 — the Minister for Arts, Heritage, Gaeltacht and the Islands and Údarás na Gaeltachta,

(q) where development under the draft planning scheme comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence — the Environmental Protection Agency,

(r) where the site or sites to which the draft planning scheme applies is or are in the functional area of the Shannon Free Airport Development Company Limited (and that company is not the relevant development agency) — that Company, or

(s) where the site or sites to which the draft planning scheme applies is or are in the Dublin Docklands Area — the Dublin Docklands Development Authority.

PART 15 Disclosure of Interests, etc.

Persons to whom sections 147 and 150 of Act apply.

180.

(1) The following classes, descriptions and grades of employees of the Board and other persons are hereby prescribed for the purposes of sections 147 and 150 of the Act—

(a) every employee of the Board, except those in an employment for which -

(i) the qualifications are not wholly or in part professional or technical, and

(ii) the maximum remuneration is less than the maximum remuneration for the office of Executive Officer in the Civil Service;

(b) (i) every officer of the Minister who, pursuant to arrangements made under section 122(1) of the Act,

(ii) every person employed in a part-time capacity by the Board in accordance with section 120 (2) of the Act,

who is engaged in duties relating to appeals, referrals or other matters which fall to be determined by the Board under the Act or any other enactment.

(2) Every person engaged as a consultant or adviser to the Board under section 124 of the Act is hereby prescribed for the purposes of section 150 of the Act.

(3) The classes, descriptions and grades of offices under a planning authority prescribed for the purposes of sections 147 and 150 of the Act shall be any office, including that of County Manager or City Manager, the holder of which is assigned duties which relate to the performance of any functions of a planning authority under the Act.

Form of declaration under section 147 of Act.

181.

(1) Form No. 1 of Schedule 11 shall be the prescribed form of a declaration to be given to the Board under section 147 of the Act.

(2) Form No. 2 of Schedule 11 shall be the prescribed form of a declaration to be given to a planning authority under section 147 of the Act.

PART 16 Licensing of Outdoor Events

Interpretation for this Part.

182.

(1) In this Part, except where the context otherwise requires—

“applicant” means a person who applies for a licence;

“application” means an application for a licence under section 231 of the Act;

“audience” means persons attending an event on a particular day, other than persons working or performing at the event, and shall include persons attending by invitation and, where an event comprises more than one performance at one or more locations at the venue on a particular day, the audience shall mean the total number of persons attending all such performances;

“code of practice” means a code of practice referred to in sections 232 and 268(2) of the Act;

“prescribed bodies” means -

(a) the relevant Chief Superintendent of An Garda Síochána,

(b) the relevant Health Board, or

(c) any county council, county borough corporation, borough corporation or urban district council (other than the local authority to whom the application is made), the area of which will be affected by the event;

“venue” means the site at which it is proposed to hold an event.

(2) This Part shall also apply to an application for a licence for an event to be held on more than one day or an application for a licence for a number of events at a venue in a period not exceeding one year, subject to any necessary modifications.

Events prescribed for the purposes of section 230 of Act.

183.

An event at which the audience comprises 5,000 or more people shall be an event prescribed for the purposes of section 230 of the Act.

Pre-application consultation.

184.

(1) Any person who intends to make an application may, with the agreement (which shall not be unreasonably withheld) of the local authority or any prescribed bodies concerned, enter into consultations with the local authority or such prescribed bodies in order to discuss the submission of an application, including the draft plan for the management of the event, and the authority or the prescribed body may give advice to the applicant regarding the proposed application.

(2) The carrying out of consultations under sub-article (1) shall not prejudice the performance by the local authority or any prescribed body of any of its functions under the Act or these Regulations or under any other enactment and such consultations cannot be relied upon in the process of determining an application or in legal proceedings.

Newspaper notice.

185.

(1) Within the period of 2 weeks before applying for a licence, the applicant shall publish a notice of his or her intention to submit an application in one local and one national newspaper.

(2) A notice under sub-article (1) shall state—

(a) the name of the applicant,

(b) that the applicant is applying for a licence to hold an event in accordance with Part XVI of the Planning and Development Act, 2000 ,

(d) the type of event proposed to be held,

(e) the date proposed for the holding of the event,

(f) the name of the local authority to which the application is being made,

(g) the anticipated number of the audience at the proposed event,

(h) that the application for a licence may be inspected during office hours at the offices of the local authority for a period of 5 weeks from the date of receipt of the application by that authority, and

(i) that a submission or observation may be made to the local authority within 5 weeks of the date of receipt of the application by the authority.

(3) The local authority may require that an additional newspaper notice be published where it considers that the notice, because of its content or for any other reason, is misleading or inadequate for the information of the public.

Making of application.

186.

(1) An application must be made at least 16 weeks prior to the date for the holding of the event to which the application relates or, in the case of an application for a number of events at a venue in a period not exceeding one year, at least 16 weeks prior to the holding of the first event.

(2) As soon as may be after receipt of the application, the local authority shall consider whether the requirements of these Regulations have been complied with, and—

(a) acknowledge receipt of the application in writing, or

(b) inform the applicant that the application is invalid, by reason of the fee submitted being inadequate or for any other reason, and cannot be considered by the authority, indicating which requirement of these Regulations has not been complied with.

Form and content of application.

187.

(1) An application shall -

(a) state the name, contact address (including e-mail address where appropriate) and telephone number of the applicant,

(b) where the applicant is not the promoter of the event, state the name, contact address (including e-mail address where appropriate) and telephone number of the promoter,

(d) state the proposed date on which the event is to be held and the proposed duration of the event, including the times at which the event is proposed to commence and conclude,

(e) be accompanied by a copy of the relevant page of each newspaper containing the notice required to be published under article 185,

(f) where the applicant is not the owner or occupier of the venue, be accompanied by confirmation in writing from such owner or occupier of his or her consent to the holding of the event,

(g) be accompanied by a draft plan for the management of the event prepared in accordance with the appropriate code or codes of practice and including—

(i) the names and responsibilities of the event controller, the event safety officer and their deputies,

(ii) a draft site emergency plan,

(iii) a draft traffic management plan,

(iv) a draft safety strategy statement,

(v) a draft environment monitoring programme for before, during and after the proposed event, and

(vi) provision for the removal of structures and the carrying out of any works for the reinstatement of the venue subsequent to the event, for the full clean-up of the surrounding area, and for any remedial works arising from any damage caused to public property, facilities or amenities associated with the event,

(h) be accompanied by a location map of sufficient size and containing details of related sites and features in the vicinity of the venue, to a scale of not less than 1:1000 in built up areas and 1:1250 in all other areas and marked clearly to show such related sites or features, and drawings to an appropriate scale of the venue, including a site layout plan and a viewing accommodation plan.

(2) 6 copies of the application and accompanying documents, maps and drawings shall be submitted to the local authority.

(3) Where an event is proposed to be held on a public road or on any other land under the control of the local authority, sub-article (1)(f) shall not apply.

Availability of documents.

188.

(1) The local authority shall make the application, any accompanying documents, maps and drawings and any submission or observation made in relation to it, available for inspection during office hours at the offices of the local authority and such other places as it considers appropriate, for a period of 5 weeks from the date of receipt of the application.

(2) The local authority shall, on request, make a copy of the application and accompanying documents available for purchase by any person on payment of a sum not exceeding the reasonable cost of making such a copy.

Consultation with prescribed bodies.

189.

(1) Within one week of receipt of an application, a local authority shall consult with the prescribed bodies by sending a copy of the application to them and stating that submissions or observations may be made to the local authority in respect of the application within 5 weeks of the date on which the application was received by the authority.

(2) Where a prescribed body requests an extension of time from the local authority to consider an application, the authority may, where it considers it necessary to ensure the safe and effective management of the proposed event, extend that period for such time as the authority considers necessary.

(3) A local authority may also consult any other body, not being a prescribed body, in relation to an application where it considers it appropriate.

Making of submissions or observations by any other person.

190.

Any person may make a submission or observation in writing to the local authority in respect of the application within 5 weeks of the receipt of the application by the local authority.

Further information.

191.

(1) A local authority may request such further information from the applicant as it considers necessary to enable it to make a decision under section 231(3) of the Act and the applicant shall comply with any such request.

(2) A local authority may request such further information from a prescribed body or any person who made a submission or observation in respect of the application as it considers necessary to enable it to make a decision under section 231(3) of the Act.

(3) The local authority may, at its discretion, invite any other person to make a submission or observation to it in respect of an application.

(4) The local authority may take whatever measures it considers necessary, including the convening of meetings or the taking of oral submissions, to seek the views of any person in regard to the application.

Decision on application.

192.

(1) A local authority shall make a decision under section 231(3) of the Act in respect of an application not earlier than 5 weeks after receiving the application.

(2) Where a local authority makes a decision under section 231(3) of the Act, it shall issue notice of its decision to—

(a) the applicant,

(b) the prescribed bodies, and

Publication of notice of intention by local authority to hold event.

193.

(1) Where a local authority proposes to hold an event under section 238 of the Act, it shall publish a notice in one local and one national newspaper.

(2) A notice under sub-article (1) shall state—

(a) the name of the local authority proposing to hold the event,

(b) that it is proposed to hold an event in accordance with Part XVI of the Planning and Development Act, 2000 ,

(d) the type of event proposed to be held,

(e) the date proposed for the holding of the event,

(f) the anticipated number of the audience at the proposed event,

(g) that a proposal, including a draft plan for the management of the event, in respect of the proposed event may be inspected during office hours at the offices of the local authority for a period of 5 weeks from the date of publication of the notice under sub-article (1), and

(h) that submissions or observations in respect of the proposed event may be made to the local authority within 5 weeks of the date of publication of the notice under sub-article (1).

Availability of documents in relation to proposed event by local authority.

194.

(1) The local authority shall make a proposal, including a draft plan for the management of the event, and appropriate maps and drawings in relation to the proposed event available for inspection at the offices of the local authority and such other places as it considers appropriate during office hours for a period of 5 weeks from the date of publication of the notice under article 193.

(2)
(a) A proposal referred to in sub-article (1) shall set out the details of the proposed event, including—

(i) the anticipated number in the audience and details of the number of tickets to be sold for the event,

(ii) the date proposed for the holding of the event and the duration of the event, including the times at which the proposed event will commence and conclude.

(b) A draft plan for the management of the event referred to in sub-article (1) shall be prepared in accordance with the appropriate code or codes of practice and include -

(i) the names and responsibilities of the event controller, the event safety officer and their deputies,

(ii) a draft site emergency plan,

(iii) a draft traffic management plan,

(iv) a draft safety strategy statement,

(v) a draft environment monitoring programme for before, during and after the proposed event, and

(vi) provision for the removal of structures and the carrying out of any works for the reinstatement of the venue subsequent to the proposed event.

(c) The maps and drawings referred to in sub-article (1) shall include a location map of sufficient size and containing details of related sites and features in the vicinity of the venue, to a scale of not less than 1:1000 in built up areas and 1:1250 in all other areas and marked clearly to show such related sites or features, and drawings to an appropriate scale of the venue, including a site layout plan and a viewing accommodation plan.

(3) The local authority shall, on request, make a copy of the proposal available for purchase by any person on payment of a sum not exceeding the reasonable cost of making such a copy.

Notification of prescribed bodies.

195.

(1) Within one week of publication of the notice under article 193, a local authority shall notify the prescribed bodies of the proposed event.

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

(a) be accompanied by a copy of the proposal made available for inspection in accordance with article 194, and

(b) state that a submission or observation may be made to the local authority in respect of the proposed event within 5 weeks of the date of publication of the notice under sub-article (1).

(3) Where a prescribed body requests an extension of time from the local authority to consider an application, the authority may, where it considers it necessary to ensure the safe and effective management of the proposed event, extend that period for such time as the authority considers necessary.

(4) A local authority may, where it considers it appropriate, notify or consult any other person or body, not being a prescribed body, in relation to the proposed event.

Making of submission or observation by other person.

196.

Any person may make a submission or observation in writing to the local authority in respect of the proposed event within 5 weeks of the date of publication of the notice under sub-article (1).

Notification of decision.

197.

Where a local authority makes a decision under section 238 of the Act, it shall issue notice of its decision to the prescribed bodies and any person who made a submission or observation in accordance with article 196.

Additional means for notification.

198.

Where—

(a) a large number of submissions or observations are made to the local authority under article 190 or article 196 as part of an organised campaign, or

(b) it is not possible to ascertain readily the full name and address of persons who made a submission or observation under article 190 or article 196,

the authority may, in lieu of notifying each person who made a submission or observation in accordance with articles 192(2) or 197, as appropriate, take such steps as it considers reasonable in the circumstances to inform such persons of its decision, including, in the case of an organised campaign referred to in paragraph (a), giving notice to any person who, in the opinion of the authority, organised the campaign.

Fees.

199.

(1) (a) Subject to sub-article (2), the fee for making an application in respect of an event being held mainly for profit or gain shall be €2,500.

(b) No fee shall apply in respect of an application for an event other than those referred to in sub-article (1).

(2) A local authority shall have an absolute discretion to refund all or part of the fee payable in respect of a particular application where it is satisfied that the payment in full of the fee would not be just and reasonable, having regard to the nature, extent or purpose of the event.

PART 17

Miscellaneous and Transitional

Chapter 1 Licensing under Section 254 of the Act

Interpretation for this Chapter.

200.

In this Chapter, “specified appliance, apparatus or structure” means an appliance, apparatus or structure referred to in section 254(1) of the Act or any additional appliance, apparatus or structure specified in article 203.

Appliances, apparatus and structures suitable for being licensed.

201.

The following appliances, apparatus and structures are hereby prescribed as requiring a licence under section 254 of the Act of 2000—

(a) a case, rack, shelf or other appliance, apparatus or structure for displaying articles for the purposes of advertisement or of sale in, or in connection with, any adjacent business premises,

(b) tables and chairs outside a hotel, restaurant, public house or other establishment where food is sold for consumption on the premises,

(d) an advertisement consisting of any text, symbol, emblem, model, device or logo,

(e) a pipe or appliance with a pipe attachment for dispensing air or water not being a a pipe or appliance attached to a petrol or oil pump,

(f) a weighing machine,

(g) a bring facility,

(h) a cabinet used as part of a wired broadcast relay service by a person licensed under the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974 ( S.I. No. 67 of 1974 ),

(i) a lamp-post,

(j) a bridge, arch, tunnel, passage or other similar structure which is used or intended for use other than by the public and was constructed on or after 1 October 1964,

(k) a cellar or other underground structure constructed on or after 1 October 1964,

(l) a cable for conducting electricity for domestic or agricultural purposes.

Fees for licences under section 254 of Act.

202.

(1) Where a licence is granted by a planning authority under section 254 of the Act—

(a) to erect, construct, place and maintain, or

(b) to maintain,

a specified appliance, apparatus or structure referred to in Part 1 of Schedule 12, the amount of the fee to be paid to the planning authority shall, subject to the provisions of article 203, be—

(i) where the licence is for a period of one year, the appropriate amount indicated in column 2 of that Schedule opposite the reference in column 1 of that Schedule to the specified appliance, apparatus or structure,

(ii) where the licence is for a period of more than one year, an amount equal to the fee for one year for each year or part of a year for which the licence is granted, and

(iii) where the licence is for a period of less than one year, an amount equal to one tenth of the fee for one year for each month or part of a month for which the licence is granted.

(2) Where a licence is granted by a planning authority under section 254 of the Act to erect, construct, place and maintain a specified appliance, apparatus or structure referred to in Part 2 of Schedule 12, the amount of the fee to be paid to the planning authority shall be the amount indicated in column 2 of that Schedule opposite the reference in column 1 of that Schedule to the specified appliance, apparatus or structure, and no fee shall be payable in respect of any renewal of a licence for such an appliance, apparatus or structure.

Additional fee for advertising use.

203.

In the case of—

(a) any machine or similar appliance, apparatus or structure, more than one quarter of the surface area of which is used for advertising purposes,

(b) any town or landscape map more than one third of the surface area of which is used for advertising purposes, and

the amount of the fee under article 204 shall be increased by the amount of the fee payable under that article in respect of an advertisement structure which is on a public road.

Transitional.

204.

Where an application for a licence is received by a planning authority before the coming into operation of this Chapter—

(a) the fee to be paid to the planning authority shall, be the fee payable under the 1994 Regulations, as amended by the 2001 Regulations, notwithstanding any repeal of those Regulations, and

(b) any licence granted under section 89 of the Act of 1963 shall remain in force for the period for which the licence was granted.

Chapter 2 Miscellaneous and Transitional

Form of vesting order under section 45 of Act.

205.

Form No. 3 of Schedule 4, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a planning authority in exercise of the powers conferred on it by section 45(5) of the Act.

Disposal of land without consent of Minister under section 211 of Act.

206.

(1) Subject to the conditions specified in sub-article (2), the consent of the Minister to a disposal of land under section 211(1) of the Act, as required by subsection (2) of that section, shall not be required where a local authority is of the opinion that, for economic or social reasons, it is reasonable that the disposal of land be carried out in accordance with the terms specified by the authority in the notice which is to be given to the members of the authority in relation to the proposed disposal of land in accordance with section 183 of the Local Government Act, 2001 .

(2) The following conditions shall apply in relation to a disposal of land referred to in sub-article (1):

(a) the manager shall prepare a report setting out the economic or social reasons which apply in relation to the disposal of land;

(b) the report shall be incorporated in or accompany the notice referred to in sub-article (1); and

(c) the notice referred to in sub-article (1) and the report referred to in paragraph (a) shall be made available for public inspection at the offices of the local authority during office hours for a period of one year.

(3) A disposal of land under this article shall be carried out in accordance with the terms of the notice referred to in sub-article (1).

Continuance of Local Government (Planning and Development) Acts, 1963 to 1999 and Regulations made thereunder.

207.

(1) Subject to sub-articles (2) and (3), the provisions of the Local Government (Planning and Development) Acts, 1963 to 1999, and the Local Government (Planning and Development) Regulations, 1994 to 2001 shall continue to apply to any valid application for permission received by a planning authority before 11 March, 2002, and any appeal, decision or determination made or to be made in respect of such planning application or in respect of a decision on such application, notwithstanding the repeal of such provisions or the revocation of such Regulations.

(2) Sections 42 and 43 of the Act and articles 40 to 47 of these Regulations shall apply to any application made after the coming into force of these regulations to extend the appropriate period as regards a permission.

(3) Section 46 of the Act and article 205 of these Regulations shall apply in any case where a planning authority intends to acquire land as open space, within the meaning of that section, pursuant to a permission under the Act of 1963 or to any condition to which a permission under that Act is subject.

Saver.

208.

Anything done under the Planning and Development Regulations, 2000 to 2001, notwithstanding the revocation of those Regulations, shall not be invalidated by such revocation but shall have effect as if done under the corresponding provision of these Regulations.

SCHEDULE 1 Regulations revoked

Article 4


Number and Year	Title
350 of 2000	Planning and Development Regulations, 2000.
457 of 2000	Planning and Development (No. 2) Regulations, 2000.
154 of 2001	Planning and Development (Licensing of Outdoor Events) Regulations, 2001.
336 of 2001	Planning and Development (Appointment of Chairperson and Ordinary Members of An Bord Pleanála) Regulations, 2001.

SCHEDULE 2

Article 6

Part 1 Exempted Development — General

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