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

Column 1 Description of Development	Column 2 Conditions and Limitations
Limited use of camping
CLASS 1
Temporary use of any land for the placing of any tent, campervan or caravan or for the mooring of any boat, barge or other vessel used for the purpose of camping.	1. Not more than one tent, campervan or caravan shall be placed within 100 metres of another tent, campervan or caravan at any time. 2. No tent, campervan, caravan or vessel shall remain on the land for a period greater than 10 days. 3. No tent, campervan, caravan or vessel shall be used for the storage, display, advertisement or sale of goods or for the purposes of any business. 4. No tent, campervan or caravan shall be placed on land within 50 metres of any public road unless the land is enclosed by a wall, bank or hedge, or any combination thereof, having an average height of not less than 1.5 metres.
CLASS 2
Temporary use of land by a scouting organisation for a camp.	The land shall not be used for such purposes for any period or periods exceeding 30 days in any year.
Minor works and structures
CLASS 3
Works relating to the construction or maintenance of any gully, drain, pond, trough, pit or culvert, the widening or deepening of watercourses, the removal of obstructions from watercourses and the making or repairing of embankments in connection with any of the foregoing works.
CLASS 4
The construction or erection of any wall or fence, other than a fence of sheet metal, or a wall or fence within or bounding the curtilage of a house.	1. The height of the wall or fence, other then a fence referred to in paragraph 2, shall not exceed 2 metres. 2. The height of any fence for the purposes of deer farming or conservation shall not exceed 3 metres.
Minerals and petroleum prospecting
CLASS 5
(a) The carrying out of works on any land for the purpose of minerals prospecting and the erection or placing on land of any structures required for that purpose, where the prospecting is carried out pursuant to and in accordance with the terms and conditions of a licence, lease or permission granted by the Minister for the Marine and Natural Resources under the Minerals Development Acts, 1940 to 1999. (b) The carrying out of works on any land for the purpose of searching for petroleum and the erection or placing on land of any structures required for that purpose, where the searching is carried out pursuant to and in accordance with the terms and conditions of an exploration licence, a petroleum prospecting licence or a reserved area licence granted by the Minister for the Marine and Natural Resources under the Petroleum and Other Minerals Development Act, 1960 (No. 7 of 1960).
Agricultural Structures
CLASS 6
Works consisting of the provision of a roofed structure for the housing of cattle, sheep, goats, donkeys, horses, deer or rabbits, having a gross floor space not exceeding 200 square metres (whether or not by extension of an existing structure), and any ancillary provision for effluent storage.	1. No such structure shall be used for any purpose other than the purpose of agriculture. 2. The gross floor space of such structure together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 300 square metres gross floor space in aggregate. 3. Effluent storage facilities adequate to serve the structure having regard to its size, use and location shall be constructed in line with Department of Agriculture, Food and Rural Development and Department of the Environment and Local Government requirements and shall have regard to the need to avoid water pollution. 4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road. 5. No such structure within 100 metres of any public road shall exceed 8 metres in height. 6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof. 7. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.
CLASS 7
Works consisting of the provision of a roofed structure for the housing of pigs, mink or poultry, having a gross floor space not exceeding 75 square metres (whether or not by extension of an existing structure), and any ancillary provision for effluent storage.	1. No such structure shall be used for any purpose other than the purpose of agriculture. 2. The gross floor space of such structure together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 100 square metres gross floor space in aggregate. 3. Effluent storage facilities adequate to serve the structure having regard to its size, use and location shall be constructed in line with Department of Agriculture, Food and Rural Development and Department of the Environment and Local Government requirements and shall have regard to the need to avoid water pollution. 4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road. 5. No such structure within 100 metres of any public road shall exceed 8 metres in height. 6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof. 7. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure. 8. Boundary fencing on any mink holding must be escape-proof for mink.
CLASS 8
Works consisting of the provision of roofless cubicles, open loose yards, self-feed silo or silage areas, feeding aprons, assembly yards, milking parlours or structures for the making or storage of silage or any other structures of a similar character or description, having an aggregate gross floor space not exceeding 200 square metres, and any ancillary provision for effluent storage.	1. No such structure shall be used for any purpose other than the purpose of agriculture. 2. The gross floor space of such structures together with any other such structures situated within the same farmyard complex or within 100 metres of that complex shall not exceed 300 square metres gross floor space in aggregate. 3. Effluent storage facilities adequate to serve the structure having regard to its size, use and location shall be constructed in line with Department of Agriculture, Food and Rural Development and the Department of the Environment and Local Government requirements and shall have regard to the need to avoid water pollution. 4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road. 5. No such structure within 100 metres of any public road shall exceed 8 metres in height. 6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof. 7. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.
CLASS 9
Works consisting of the provision of any store, barn, shed, glass-house or other structure, not being of a type specified in class 6, 7 or 8 of this Part of this Schedule, and having a gross floor space not exceeding 300 square metres.	1. No such structure shall be used for any purpose other than the purpose of agriculture or forestry, but excluding the housing of animals or the storing of effluent. 2. The gross floor space of such structures together with any other such structures situated within the same farmyard complex or complex of such structures or within 100 metres of that complex shall not exceed 900 square metres gross floor space in aggregate. 3. No such structure shall be situated within 10 metres of any public road. 4. No such structure within 100 metres of any public road shall exceed 8 metres in height. 5. No such structure shall be situated within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof. 6. No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.
CLASS 10
The erection of an unroofed fenced area for the exercising or training of horses or ponies, together with a drainage bed or soft surface material to provide an all-weather surface.	1. No such structure shall be used for any purpose other than the exercising or training of horses or ponies. 2. No such area shall be used for the staging of public events. 3. No such structure shall be situated within 10 metres of any public road, and no entrance to such area shall be directly off any public road. 4. The height of any such structure shall not exceed 2 metres.
Land Reclamation
CLASS 11
Development consisting of the carrying out, on land which is used only for the purpose of agriculture or forestry, of any of the following works— (a) field drainage, (b) land reclamation, (c) the removal of fences, (d) the improvement of existing fences, (e) the improvement of hill grazing, or (f) the reclamation of estuarine marsh land or of callows, where the preservation of such land or callows is not an objective of a development plan for the area.
Miscellaneous
CLASS 12
Works consisting of the provision of a roofed structure for housing greyhounds, having a gross floor space not exceeding 50 square metres (whether or not by extension of an existing structure), and any ancillary provision for effluent storage.	1. No such structure shall be used for any purpose other than the keeping of greyhounds. 2. The gross floor space of such structure together with any other such structures situated within a premises or within 100 metres of that premises shall not exceed 75 square metres gross floor space in aggregate. 3. Effluent storage facilities adequate to serve the structure having regard to its size, use, location and the need to avoid water pollution shall be provided. 4. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road. 5. No such structure within 100 metres of any public road shall exceed 8 metres in height. 6. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.
CLASS 13
Works consisting of the provision, for any purpose in connection with the keeping of greyhounds, of a roofless hard-surfaced yard, or of a roofless hard-surfaced enclosed area, having an area not exceeding 100 square metres (whether or not by extension of an existing yard or area) and any ancillary provision for effluent storage.	1. The gross floor space of such structure or structures together with any other such structures situated within the same complex or within 100 metres of that complex shall not exceed 150 square metres gross floor space in aggregate. 2. Effluent storage facilities adequate to serve the structure having regard to its size, use, location and the need to avoid water pollution shall be provided. 3. No such structure shall be situated, and no effluent from such structure shall be stored, within 10 metres of any public road. 4. No such structure shall be situated, and no effluent from such structure shall be stored, within 100 metres of any house (other than the house of the person providing the structure) or other residential building or school, hospital, church or building used for public assembly, save with the consent in writing of the owner and, as may be appropriate, the occupier or person in charge thereof.
Intensive agriculture
Class 14
The use of uncultivated land or semi-natural areas for intensive agricultural purposes.	The area involved shall be less than 100 hectares.
Afforestation
CLASS 15
Initial afforestation.
CLASS 16
Replacement of broadleaf high forest by conifer species.	The area involved shall be less than 10 hectares.
Peat extraction.
CLASS 17
(a) Peat extraction in a new or extended area of less than 10 hectares. (b) Peat extraction in a new or extended area of 10 hectares or more, where the drainage of the bogland commenced prior to the coming into force of these Regulations.

Part 4 Exempted development- Classes of Use

Article 10

CLASS 1 Use as a shop. CLASS 2 Use for the provision of— (a) financial services, (b) professional services (other than health or medical services), (c) any other services (including use as a betting office), where the services are provided principally to visiting members of the public. CLASS 3 Use as an office, other than a use to which class 2 of this Part of this Schedule applies. CLASS 4 Use as a light industrial building. CLASS 5 Use as a wholesale warehouse or as a repository. CLASS 6 Use as a residential club, a guest house or a hostel (other than a hostel where care is provided). CLASS 7 Use— (a) for public worship or religious instruction, (b) for the social or recreational activities of a religious body, (c) as a monastery or convent. CLASS 8 Use— (a) as a health centre or clinic or for the provision of any medical or health services (but not the use of the house of a consultant or practitioner, or any building attached to the house or within the curtilage thereof, for that purpose), (b) as a crèche, (c) as a day nursery, (d) as a day centre. CLASS 9 Use— (a) for the provision of residential accommodation and care to people in need of care (but not the use of a house for that purpose), (b) as a hospital or nursing home, (c) as a residential school, residential college or residential training centre. CLASS 10 Use as— (a) an art gallery (but not for the sale or hire of works of art), (b) a museum, (c) a public library or public reading room, (d) a public hall, (e) an exhibition hall, (f) a social centre, community centre or non-residential club, but not as a dance hall or concert hall. CLASS 11 Use as— (a) a theatre, (b) a cinema, (c) a concert hall, (d) a bingo hall, (e) a skating rink or gymnasium or for other indoor sports or recreation not involving the use of motor vehicles or firearms.

SCHEDULE 3 Prescribed Notices

Article 19

Form no. 1

Site notice.

NAME OF PLANNING AUTHORITY.¹

SITE NOTICE

I, ___² , intend to apply for permission / retention permission / outline permission / permission consequent on the grant of outline permission (Ref. No. of outline permission)³ for development at this site _______.⁴

The development will consist/consists⁵ of _____________

---

---

_________________.⁶

The planning application may be inspected at the offices of the planning authority at _________⁷ . A submission or observation in relation to the application may be made in writing to the planning authority on payment of a fee of €20.

Signed: _______⁸

Date of erection of site notice______⁹

Directions for completing this notice.

Article 36

FORM NO. 2

Notice of proposed material contravention of development plan.

PLANNING AND DEVELOPMENT ACT, 2000

MATERIAL CONTRAVENTION OF DEVELOPMENT PLAN FOR

............................................................ ............................................................ ............................................... ¹⁰

Ref. No. in register ............................

Notice is hereby given in accordance with section 34 (6) of the Planning and Development Act, 2000 that .......................................... ¹¹ intends to consider deciding to grant a permission/ retention permission / outline permission / permission consequent on the grant of outline permission (Ref. No. of outline permission)¹² for

............................................................ ............................................................ ............................................................ ....................................................... ¹³

at ............................................................ ............................................................ ............................................................ ...................................................¹⁴

The development would contravene materially the following objective of the development plan: ............................................................ ...................................¹⁵

Particulars of the development may be inspected at ............................................................ ........................ ¹⁶ .

Any submission or observation as regards the making of a decision to grant permission received not later than 4 weeks after .................... ¹⁷ will be duly considered by the planning authority.

Signed..................................................¹⁸

Date............................................................ ............................................................ ................................

Directions for completing this form

SCHEDULE 4 Vesting Orders

Article 54

Form No. 1

Form of Vesting Order for Protected Structure

PLANNING AND DEVELOPMENT ACT, 2000 - SECTION 75

_____ (insert name of planning authority).

VESTING ORDER

WHEREAS the structure described in the Schedule hereto and shown on the map (which has been marked .......................................¹⁹ and sealed with the seal of the planning authority) attached hereto is a protected structure within the meaning of the Planning and Development Act, 2000 (hereinafter called “the Act”);

AND WHEREAS it appears to ............................................................ .........²⁰ (hereinafter called “the planning authority”) that it is necessary to acquire the said structure for the protection of the said structure, and the structure is not lawfully occupied as a dwelling house by any person other than a person employed as a caretaker;

AND WHEREAS the planning authority has, in accordance with section 72(1)(a) of the Act, published a notice and, in accordance with section 72(1)(b) of the said Act, served on every owner, lessee and occupier (except tenants for a period of one month or less) a notice in relation to the compulsory acquisition of the said protected structure;

²¹ AND WHEREAS no objection has been submitted to the planning authority under section 73 of the Act;

²² AND WHEREAS an objection has been submitted to the planning authority under section 73 of the Act and was subsequently withdrawn;

²³ AND WHEREAS an objection has been submitted to the planning authority under section 73 of the Act and has not subsequently been withdrawn, and An Bord Pleanála has granted consent to the compulsory acquisition of the said protected structure by the planning authority;

NOW THEREFORE, the planning authority, in exercise of the powers conferred on it by section 74 of the Act, hereby orders that the said protected structure shall, on ___, ²⁴ vest in the planning authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind.

SCHEDULE Description of protected structure.²⁵

The official seal of the planning authority was affixed hereto this __ day of ___, 20__, in the presence of:

_________26	______27	_______28

Directions for completing this form.

Article 54

Form no. 2

Form of Vesting Order for Structure or Land in Architectural Conservation Area

PLANNING AND DEVELOPMENT ACT, 2000 - SECTIONS 75 AND 83

_______ (insert name of planning authority).

VESTING ORDER

WHEREAS the structure described in the Schedule hereto and shown on the map (which has been marked ______²⁹ and sealed with the seal of the planning authority) attached hereto is a structure or other land situated within an architectural conservation area within the meaning of the Planning and Development Act, 2000 (hereinafter called “the Act”);

AND WHEREAS it appears to _______³⁰ (hereinafter called “the planning authority”) that it is necessary to acquire the structure or other land in order to preserve the character of the architectural conservation area, and —

³¹ the condition of the land, or the use to which the land or any structure on the land is being put, detracts, or is likely to detract, to a material degree from the character or appearance of the architectural conservation area,

³² the acquisition of the land is necessary for the development or renewal of the architectural conservation area or for the provision of amenities in the area,

and the structure is not lawfully occupied as a dwelling house by any person other than a person employed as a caretaker;

AND WHEREAS the planning authority has, in accordance with section 72(1)(a) (as applied by section 83(3)) of the Act, published a notice and, in accordance with section 72(1)(b) (as applied by section 83(3)) of the said Act, served on every owner, lessee and occupier (except tenants for a period of one month or less) a notice in relation to the compulsory acquisition of the said structure or other land;

³³ AND WHEREAS no objection has been submitted to the planning authority under section 73 (as applied by section 83(3)) of the Act;

³⁴ AND WHEREAS an objection has been submitted to the planning authority under section 73 (as applied by section 83(3)) of the Act and was subsequently withdrawn;

³⁵ AND WHEREAS an objection has been submitted to the planning authority under section 73 (as applied by section 83(3)) of the Act and has not subsequently been withdrawn, and An Bord Pleanála has granted consent to the compulsory acquisition of the said structure or other land by the planning authority;

NOW THEREFORE, the planning authority, in exercise of the powers conferred on it by section 74 (as applied by section 83(3)) of the Act, hereby orders that the said structure or other land shall, on ______, ³⁶ vest in the planning authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind.

SCHEDULE Description of structure or other land.³⁷

The official seal of the planning authority was affixed hereto this __ day of _____, 20_, in the presence of:

_______38	____39	_____40

Directions for completing this form.

Article 205

Form No. 3

Form of Vesting Order for Open Space

PLANNING AND DEVELOPMENT ACT, 2000

SECTION 45

____ (Insert name of planning authority).

VESTING ORDER

WHEREAS development is being/has been⁴¹ carried out pursuant to a permission granted on ____ (Insert date) under section 26 of the Local Government (Planning and Development) Act, 1963 / section 34 of the Planning and Development Act, 2000 ⁴² (Insert Reference No. in Register_____);

⁴³ AND WHEREAS a condition requiring the provision or maintenance of land as open space, being open space to which section 45 of the Planning and Development Act, 2000 (hereinafter called “the Act”) applies, was attached to the permission;

⁴⁴ AND WHEREAS it was implicit/explicit⁴⁵ in the application for the permission that land would be provided or maintained as open space, being open space to which section 45 of the Planning and Development Act, 2000 (hereinafter called “the Act”) applies;

AND WHEREAS on ___ (Insert date), the ___ ⁴⁶ (hereinafter referred to as “the planning authority”) served on the owner of the land a written request that, within a period of _____ (Insert period as stated in the request) commencing on that date, he or she would provide, level, plant or otherwise adapt or maintain the said land in a manner specified in the request, being a manner which, in the opinion of the planning authority, would make it suitable for the purpose for which the open space was to be provided;

AND WHEREAS the owner has failed to comply, or to secure compliance with, such request within such period;

AND WHEREAS the planning authority has, in accordance with section 45(1) of the Act, published an acquisition notice in relation to the said land and has, in accordance with section 45(2) of the Act, served a copy of the notice on the owner of the land within 10 days of the date of publication of the said notice;

⁴⁷ AND WHEREAS no appeal has been taken under section 45(3) of the Act;

⁴⁸ AND WHEREAS an appeal has been taken under section 45(3) of the Act and the appeal has been withdrawn;

⁴⁹ AND WHEREAS an appeal has been taken under section 45(3) of the Act and the said acquisition notice has been confirmed in relation to the land described in the Schedule hereto;

NOW THEREFORE, the planning authority, in exercise of the powers conferred on it by section 45(5) of the Act, hereby orders that the land described in the Schedule hereto, being the land to which the said acquisition notice (as confirmed)⁵⁰ relates, and which is shown on the map attached hereto (which has been marked ___⁵¹ and sealed with the seal of the planning authority), shall, on ______,⁵² vest in the planning authority for all the estate, term or interest for which, immediately before the date of this order, the said land was held by the owner together with all rights and liabilities which, immediately before the said date, were enjoyed or incurred in connection therewith by the owner together with an obligation to comply with the request made under section 45(1)(c) of the Act.

SCHEDULE Description of land⁵³

The official seal of the planning authority was affixed hereto this ____ day of __, 20_ in the presence of:

____54	____55
_____56

Directions for completing this form.

SCHEDULE 5 Development for the purposes of Part 10

Article 93

Part 1

• (b) A nuclear power station or other nuclear reactor including the dismantling or decommissioning of such a power station or reactor⁵⁷ (except a research installation for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

• (b) Installations designed -

• for the production or enrichment of nuclear fuel,

• for the processing of irradiated nuclear fuel or high level radioactive waste,

• for the final disposal of irradiated fuel,

• solely for the final disposal of radioactive waste,

• solely for the storage (planned for more than 10 years) of irradiated fuels or radioactive waste in a different site than the production site.

• (b) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

• (a) in case the installation produces asbestos-cement products, where the annual production would exceed 20,000 tonnes of finished products,

• (b) in case the installation produces friction material, where the annual production would exceed 50 tonnes of finished products, or

• (c) in other cases, where the installation would utilise more than 200 tonnes of asbestos per year.

• (a) for the production of basic organic chemicals,

• (b) for the production of basic inorganic chemicals,

• (c) for the production of phosphorous, nitrogen or potassium based fertilisers (simple or compound fertilisers),

• (d) for the production of basic plant health products and of biocides,

• (e) for the production of basic pharmaceutical products using a chemical or biological process,

• (f) for the production of explosives.

• (b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

• (b) In all other cases, works for the transfer of water resources between river basins, where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5 per cent of this flow.

• (a) 85,000 places for broilers, 60,000 places for hens,

• (b) 3,000 places for production pigs (over 30 kilograms),

• (c) 900 places for sows.

• (a) production of pulp from timber or similar fibrous materials,

• (b) production of paper and board with a production capacity exceeding 200 tonnes per day.

Part 2

1. Agriculture, Silviculture and Aquaculture

• (a) Projects for the restructuring of rural land holdings, where the area to be restructured would be greater than 100 hectares.

• (b) The use of uncultivated land or semi-natural areas for intensive agricultural purposes, where the area to be used for such purposes would be greater than 100 hectares.

• (c) Water management projects for agriculture, including irrigation and land drainage projects, where the catchment area involved would be greater than 1,000 hectares, or where more than 20 hectares of wetland would be affected.

• (d) (i) Initial afforestation which would involve an area of 50 hectares or more.

• (ii) Replacement of broadleaf high forest by conifer species, where the area involved would be greater than 10 hectares.

• (iii) Deforestation for the purpose of conversion to another type of land use, where the area to be deforested would be greater than 10 hectares of natural woodlands or 70 hectares of conifer forest.

• (e) (i) Installations for intensive rearing of poultry not included in Part 1 of this Schedule which would have more than 40,000 places for poultry.

• (ii) Installations for intensive rearing of pigs not included in Part 1 of this Schedule which would have more than 2,000 places for production pigs (over 30 kilograms) in a finishing unit, more than 400 places for sows in a breeding unit or more than 200 places for sows in an integrated unit.

• (f) Seawater fish breeding installations with an output which would exceed 100 tonnes per annum; all fish breeding installations consisting of cage rearing in lakes; all fish breeding installations upstream of drinking water intakes; other freshwater fish breeding installations which would exceed 1 million smolts and with less than 1 cubic metre per second per 1 million smolts low flow diluting water.

• (g) Reclamation of land from the sea, where the area of reclaimed land would be greater than 10 hectares.

2. Extractive Industry

• (a) Peat extraction which would involve a new or extended area of 30 hectares or more.

• (b) Extraction of stone, gravel, sand or clay, where the area of extraction would be greater than 5 hectares.

• (c) All extraction of minerals within the meaning of the Minerals Development Acts, 1940 to 1999.

• (d) Extraction of stone, gravel, sand or clay by marine dredging (other than maintenance dredging), where the area involved would be greater than 5 hectares or, in the case of fluvial dredging (other than maintenance dredging), where the length of river involved would be greater than 500 metres.

• (e) All geothermal drilling and drilling for the storage of nuclear waste material; drilling, other than test drilling, for water supplies, where the expected supply would exceed 2 million cubic metres per annum.

• (f) All surface industrial installations for the extraction of coal, petroleum (excluding natural gas), ores or bituminous shale not included in Part 1 of this Schedule.

• (g) All extraction of petroleum (excluding natural gas) not included in Part 1 of this Schedule.

• (h) All onshore extraction of natural gas and offshore extraction of natural gas (where the extraction would take place within 10 kilometres of the shoreline) not included in Part 1 of this Schedule.

3. Energy Industry

• (a) Industrial installations for the production of electricity, steam and hot water not included in Part 1 of this Schedule with a heat output of 300 megawatts or more.

• (b) Industrial installations for carrying gas, steam and hot water with a potential heat output of 300 megawatts or more, or transmission of electrical energy by overhead cables not included in Part 1 of this Schedule, where the voltage would be 200 kilovolts or more.

• (c) Installations for surface storage of natural gas, where the storage capacity would exceed 200 tonnes.

• (d) Installations for underground storage of combustible gases, where the storage capacity would exceed 200 tonnes.

• (e) Installations for the surface storage of fossil fuels, where the storage capacity would exceed 100,000 tonnes.

• (f) Installations for industrial briquetting of coal and lignite, where the production capacity would exceed 150 tonnes per day.

• (g) Installations for the processing and storage of radioactive waste not included in Part 1 of this Schedule.

• (h) Installations for hydroelectric energy production with an output of 20 megawatts or more, or where the new or extended superficial area of water impounded would be 30 hectares or more, or where there would be a 30 per cent change in the maximum, minimum or mean flows in the main river channel.

• (i) Installations for the harnessing of wind power for energy production (wind farms) with more than 5 turbines or having a total output greater than 5 megawatts.

4. Production and processing of metals

• (a) All installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting.

• (b) Installations for the processing of ferrous metals-

• (i) hot-rolling mills and smitheries with hammers, where the production area would be greater than 500 square metres,

• (ii) application of protective fused metal coats, where the production area would be greater than 100 square metres.

• (c) Ferrous metal foundries with a batch capacity of 5 tonnes or more or where the production area would be greater than 500 square metres.

• (d) Installations for the smelting, including the alloyage, of non-ferrous metals, excluding precious metals, including recovered products (refining foundry casting etc.), where the melting capacity would exceed 0.5 tonnes or where the production area would be greater than 500 square metres.

• (e) Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process, where the production area would be greater than 100 square metres.

• (f) All installations for manufacture and assembly of motor vehicles or manufacture of motor-vehicle engines.

• (g) Shipyards, where the area would be 5 hectares or more, or with capacity for vessels of 10,000 tonnes or more (dead-weight).

• (h) All installations for the construction of aircraft with a seating capacity exceeding 10 passengers.

• (i) Manufacture of railway equipment, where the production area would be greater than 100 square metres.

• (j) Swaging by explosives, where the floor area would be greater than 100 square metres.

• (k) All installations for the roasting and sintering of metallic ores.

5. Mineral Industry

• (a) All coke ovens (dry coal distillation).

• (b) All installations for the manufacture of cement.

• (c) All installations for the production of asbestos and the manufacture of asbestos based products not included in Part 1 of this Schedule.

• (d) Installations for the manufacture of glass, including glass fibre, where the production capacity would exceed 5,000 tonnes per annum.

• (e) All installations for smelting mineral substances including the production of mineral fibres.

• (f) Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day, or with a kiln capacity exceeding 4 cubic metres and with a setting density per kiln exceeding 300 kilograms per cubic metre.

6. Chemical Industry (development not included in Part 1 of this Schedule)

• (a) Installations for treatment of intermediate products and production of chemicals using a chemical or biological process.

• (b) All installations for production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides using a chemical or biological process.

• (c) Storage facilities for petroleum, where the storage capacity would exceed 50,000 tonnes.

• (d) Storage facilities for petrochemical and chemical products, where such facilities are storage to which the provisions of Articles 9, 11 and 13 of Council Directive 96/82/EC⁶² apply.

7. Food Industry

• (a) Installations for manufacture of vegetable and animal oils and fats, where the capacity for processing raw materials would exceed 40 tonnes per day.

• (b) Installations for packing and canning of animal and vegetable products, where the capacity for processing raw materials would exceed 100 tonnes per day.

• (c) Installations for manufacture of dairy products, where the processing capacity would exceed 50 million gallons of milk equivalent per annum.

• (d) Installations for commercial brewing and distilling; installations for malting, where the production capacity would exceed 100,000 tonnes per annum.

• (e) Installations for confectionery and syrup manufacture, where the production capacity would exceed 100,000 tonnes per annum.

• (f) Installations for the slaughter of animals, where the daily capacity would exceed 1,500 units and where units have the following equivalents:-

1 sheep	=	1 unit
1 pig	=	2 units
1 head of cattle	=	5 units

• (g) All industrial starch manufacturing installations.

• (h) All fish-meal and fish-oil factories.

• (i) All sugar factories.

8. Textile, leather, wood and paper industries

• (a) All installations for the production of paper and board not included in Part 1 of this Schedule.

• (b) Plants for the pre-treatment (operations such as washing, bleaching, mercerisation or dyeing of fibres or textiles), where the treatment capacity would exceed 10 tonnes per day.

• (c) Plants for the tanning of hides and skins, where the treatment capacity would exceed 100 skins per day.

• (d) Cellulose-processing and production installations, where the production capacity would exceed 10,000 tonnes per annum.

9. Rubber Industry

Installations for manufacture and treatment of elastomer based products, where the production capacity would exceed 10,000 tonnes per annum.

10. Infrastructure projects

• (a) Industrial estate development projects, where the area would exceed 15 hectares.

• (b) (i) Construction of more than 500 dwelling units.

• (ii) Construction of a car-park providing more than 400 spaces, other than a car-park provided as part of, and incidental to the primary purpose of, a development.

• (iii) Construction of a shopping centre with a gross floor space exceeding 10,000 square metres.

• (iv) Urban development which would involve an area greater than 2 hectares in the case of a business district, 10 hectares in the case of other parts of a built-up area and 20 hectares elsewhere.

(In this paragraph, “business district” means a district within a city or town in which the predominant land use is retail or commercial use.)

• (c) All construction of railways and of intermodal transhipment facilities and of intermodal terminals not included in Part 1 of this Schedule which would exceed 15 hectares in area.

• (d) All airfields not included in Part 1 of this Schedule with paved runways which would exceed 800 metres in length.

• (e) New or extended harbours and port installations, including fishing harbours, not included in Part 1 of this Schedule, where the area, or additional area, of water enclosed would be 20 hectares or more, or which would involve the reclamation of 5 hectares or more of land, or which would involve the construction of additional quays exceeding 500 metres in length.

• (f) (i) Inland waterway construction not included in Part 1 of this Schedule which would extend over a length exceeding 2 kilometres.

• (ii) Canalisation and flood relief works, where the immediate contributing sub-catchment of the proposed works (i.e. the difference between the contributing catchments at the upper and lower extent of the works) would exceed 1,000 hectares or where more than 20 hectares of wetland would be affected or where the length of river channel on which works are proposed would be greater than 2 kilometres.

• (g) Dams and other installations not included in Part 1 of this Schedule which are designed to hold water or store it on a long-term basis, where the new or extended area of water impounded would be 30 hectares or more.

• (h) All tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport.

• (i) (i) Oil pipelines and associated installations not included in Part 1 of this Schedule, where the length of new pipeline would exceed 40 kilometres.

• (ii) Gas pipelines and associated installations not included in Part 1 of this Schedule, where the design pressure would exceed 16 bar and the length of new pipeline would exceed 40 kilometres.

• (j) Installation of overground aqueducts which would have a diameter of 1,000 millimetres or more and a length of 500 metres or more.

• (k) Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dikes, moles, jetties and other sea defence works, where the length of coastline on which works would take place would exceed 1 kilometre, but excluding the maintenance and reconstruction of such works or works required for emergency purposes.

• (l) Groundwater abstraction and artificial groundwater recharge schemes not included in Part 1 of this Schedule where the average annual volume of water abstracted or recharged would exceed 2 million cubic metres.

• (m) Works for the transfer of water resources between river basins not included in Part 1 of this Schedule where the annual volume of water abstracted or recharged would exceed 2 million cubic metres.

11. Other projects

• (a) All permanent racing and test tracks for motorised vehicles.

• (b) Installations for the disposal of waste with an annual intake greater than 25,000 tonnes not included in Part 1 of this Schedule.

• (c) Waste water treatment plants with a capacity greater than 10,000 population equivalent as defined in Article 2, point (6), of Directive 91/271/EEC not included in Part 1 of this Schedule.

• (d) Sludge-deposition sites where the expected annual deposition is 5,000 tonnes of sludge (wet).

• (e) Storage of scrap metal, including scrap vehicles where the site area would be greater than 5 hectares.

• (f) Test benches for engines, turbines or reactors where the floor area would exceed 500 square metres.

• (g) All installations for the manufacture of artificial mineral fibres.

• (h) All installations for the manufacture, packing, loading or placing in cartridges of gunpowder and explosives or for the recovery or destruction of explosive substances.

• (i) All knackers' yards in built-up areas.

12. Tourism and leisure

• (a) Ski-runs, ski-lifts and cable-cars where the length would exceed 500 metres and associated developments.

• (b) Sea water marinas where the number of berths would exceed 300 and fresh water marinas where the number of berths would exceed 100.

• (c) Holiday villages which would consist of more than 100 holiday homes outside built-up areas; hotel complexes outside built-up areas which would have an area of 20 hectares or more or an accommodation capacity exceeding 300 bedrooms.

• (d) Permanent camp sites and caravan sites where the number of pitches would be greater than 100.

• (e) Theme parks occupying an area greater than 5 hectares.

13. Changes, extensions, development and testing

• (a) Any change or extension of development which would:-

• (i) result in the development being of a class listed in Part 1 or paragraphs 1 to 12 of Part 2 of this Schedule, and

• (ii) result in an increase in size greater than-

• 25 per cent, or

• an amount equal to 50 per cent of the appropriate threshold,

whichever is the greater.

• (b) Projects in Part 1 undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than 2 years.

(In this paragraph, an increase in size is calculated in terms of the unit of measure of the appropriate threshold.)

SCHEDULE 6 Information to be contained in an EIS

Article 94

• (b) A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

• (c) The date required to identify and assess the main effects which the proposed development is likely to have on the environment.

• (d) An outline of the main alternatives studied by the developer and an indication of the main reasons for his or her choice, taking into account the effects on the environment.

• (a) (i) a description of the physical characteristics of the whole proposed development and the land-use requirements during the construction and operational phases;

• (ii) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

• (iii) an estimate, by type and quantity, of expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed development;

• (b) a description of the aspects of the environment likely to be significantly affected by the proposed development, including in particular:

• human beings, fauna and flora,

• soil, water, air, climatic factors and the landscape,

• material assets, including the architectural and archaeological heritage, and the cultural heritage,

• the inter-relationship between the above factors;

• (c) a description of the likely significant effects (including direct, indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative) of the proposed development on the environment resulting from:

• the existence of the proposed development,

• the use of natural resources,

• the emission of pollutants, the creation of nuisances and the elimination of waste,

and a description of the forecasting methods used to assess the effects on the environment;

• (d) an indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information.

SCHEDULE 7 Criteria for determining whether a development would or would not be likely to have significant effects on the environment

Articles 103 , 109 and 120

The characteristics of proposed development, in particular:

• the size of the proposed development,

• the cumulation with other proposed development,

• the use of natural resources,

• the production of waste,

• pollution and nuisances,

• the risk of accidents, having regard to substances or technologies used.

The environmental sensitivity of geographical areas likely to be affected by proposed development, having regard in particular to:

• the existing land use,

• the relative abundance, quality and regenerative capacity of natural resources in the area,

• the absorption capacity of the natural environment, paying particular attention to the following areas:

• (a) wetlands,

• (b) coastal zones,

• (c) mountain and forest areas,

• (d) nature reserves and parks,

• (e) areas classified or protected under legislation, including special protection areas designated pursuant to Directives 79/409/EEC and 92/43/EEC,

• (f) areas in which the environmental quality standards laid down in legislation of the EU have already been exceeded,

• (g) densely populated areas,

• (h) landscapes of historical, cultural or archaeological significance.

The potential significant effects of proposed development in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to:

• the extent of the impact (geographical area and size of the affected population),

• the transfrontier nature of the impact,

• the magnitude and complexity of the impact,

• the probability of the impact,

• the duration, frequency and reversibility of the impact.

SCHEDULE 8 Tables for the purposes of Part 11

Part 11

Table 1

Development Categories

Table 2

Distances from establishments

Column 1 Type of establishment	Column 2 Distance from establishment perimeter (metres)
Establishment where pressurised flammable substances (including liquefied petroleum gas) are stored in bulk -
- above ground	600
- mounded/underground
[not less than or equal to] 100 tonnes	100
> 100 tonnes.	200
Establishment where pressurised or refrigerated toxic substances (including ammonia) are present -
- in bulk storage	2,000
- in cylinder or drum storage.	700
Establishment consisting of or comprising a warehouse where chemicals are present.	700
Establishment where non-pressurised flammable substances are stored in bulk.	300
Establishment where chemical processing involving flammable or toxic substances takes place.	1,000
Establishment where chemical processing, which involves the risk of dust explosion, takes place.	300
Establishment where explosives are manufactured.	1,000

SCHEDULE 9 Fees for Planning Applications

Part 12

Section 1

Interpretation

• (a) the carrying out of works,

• (b) the making of a material change in the use of a structure, or

• (c) the retention of an unauthorised development.

• (b) At reference 11 of column 1 of Section 2 of this Schedule, “use of land” shall not include the carrying out of works for the provision of a club house or related facilities for persons using the golf course or pitch and putt course, or the retention of any such structures.

Section 2

Scale of Fees for Planning Applications

Column 1 Class of Development	Column 2 Amount of fee	Column 3 Amount of Fee for Retention Permission
1. The provision of a house.	€65.	€195, or €2.50 for each square metre of gross floor space for which permission is sought, whichever is the greater.
2. (a) Any works for the carrying out of maintenance, improvement or other alteration of an existing house (including any works for the provision of an extension or the conversion for use as part of the house of any garage, store, shed or other structure).	€34	€102, or €2.50 for each square metre of gross floor space for which permission is sought, whichever is the greater.
(b) Any other works, including the erection, construction or alteration of structures, within or bounding the curtilage of an existing house, for purposes ancillary to the enjoyment of the house as such.	€34.	€102, or €2.50 for each square metre of gross floor space for which permission is sought, whichever is the greater.
3. The provision of buildings or other structures for the purposes of agriculture or the keeping of greyhounds.	(i) In the case of buildings, €80 for each building, or €1 for each square metre of gross floor space to be provided in excess of 50 square metres in the case of a building for the keeping of greyhounds or 200 square metres in any other case, whichever is the greater,	(i) In the case of buildings, €240 for each building, or €3 for each square metre of gross floor space to be provided in excess of 50 square metres in the case of a building for the keeping of greyhounds or 200 square metres in any other case, whichever is the greater,
	(ii) in the case of any other structures, €80 for each structure,	(ii) in the case of any other structures, €240 for each structure,
	subject to a maximum of €300	subject to a maximum of €900.
4. The provision of buildings other than buildings coming within class 1, 2 or 3.	€80 for each building, or €3.60 for each square metre of gross floor space to be provided, whichever is the greater.	€240 for each building, or €10.80 for each square metre of gross floor space to be provided, whichever is the greater.
5. (a) The use of uncultivated land or semi-natural areas for intensive agricultural purposes.	€5 for each hectare of site area.	€15 for each hectare of site area.
(b) Initial afforestation.	€5 for each hectare of site area.	€15 for each hectare of site area.
(c) The replacement of broad-leaf high forest by conifer species.	€80, or €5 for each hectare of site area, whichever is the greater.	€240, or €15 for each hectare of site area, whichever is the greater.
(d) Peat extraction.	€5 for each hectare of site area.	€15 for each hectare of site area.
6. The use of land for— (a) the winning and working of minerals, (b) the deposit of refuse or waste.	€500, or €50 for each 0.1 hectare of site area, whichever is the greater.	€1500, or €150 for each 0.1 hectare of site area, whichever is the greater.
7. The use of land for— (a) the keeping or placing of any tents, campervans, caravans or other structures (whether or not movable or collapsible) for the purpose of caravanning or camping or the sale of goods, (b) the parking of motor vehicles, (c) the open storage of motor vehicles or other objects or substances.	€80, or €50 for each 0.1 hectare of site area, whichever is the greater.	€240, or €150 for each 0.1 hectare of site area, whichever is the greater.
8. The provision on, in over or under land of plant or machinery, or of tanks or other structures (other than buildings) for storage purposes.	€200, or €50 for each 0.1 hectare of site area, whichever is the greater.	€600, or €150 for each 0.1 hectare of site area, whichever is the greater.
9. The provision of an advertisement structure or the use of an existing structure or other land for the exhibition of advertisements.	€80, or €20 for each square metre, or part thereof, of advertising space to be provided, whichever is the greater.	€240, or €60 for each square metre, or part thereof, of advertising space to be provided, whichever is the greater.
10. The provision of overhead transmission or distribution lines for conducting electricity, or overhead telecommunications lines.	€80, or €50 for each 1,000 metres length, or part thereof, whichever is the greater.	€240, or €150 for each 1,000 metres length, or part thereof, whichever is the greater.
11. The use of land as a golf course or a pitch and putt course.	€50 for each hectare of site area.	€150 for each hectare of site area.
12. The use of land as a burial ground.	€200, or €50 for each hectare of site area, whichever is the greater.	€600, or €150 for each hectare of site area, whichever is the greater.
13. Development not coming within any of the foregoing classes.	€80, or €10 for each 0.1 hectare of site area, whichever is the greater.	€240, or €30 for each 0.1 hectare of site area, whichever is the greater.

Section 3 Maximum and minimum fees for planning applications 1. The maximum fee payable to a planning authority by an applicant in respect of an outline application shall be €28,500. 2. The maximum fee payable to a planning authority by an applicant in respect of an application to which article 161 applies shall be €9,500. 3. The maximum fee payable to a planning authority by an applicant in respect of an application for permission for retention of unauthorised development applies shall be €125,000. 4. The maximum fee payable to a planning authority by an applicant in respect of any planning application other than an application mentioned in paragraph 1, 2 or 3 shall be €38,000. 5. The minimum fee payable to a planning authority by an applicant in respect of a planning application shall be €34 and, in any case where the planning authority make a refund in respect of a planning application, the refund shall not be such as to reduce the balance of the fee to less than €34.

SCHEDULE 10 Miscellaneous Fees

Part 12

Column 1	Column 2 Amount of Fee
Submission or observation on a planning application.	€20
Request for a declaration under section 5 of the Act.	€80
Application under section 42 of Act.	€62

SCHEDULE 11 Declarations

Article 181

Form No. 1

Declaration to the Board of estate or interest

PLANNING AND DEVELOPMENT ACT, 2000

SECTION 147

I, ............................................................ ....................., hereby give to An Bord Pleanála the following declaration of interests in compliance with the requirements of section 147 of the Planning and Development Act, 2000 —

• (a) particulars⁶³ of any estate or interest which I have in any land⁶⁴ —

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---

• (b) particulars of any business of dealing in, or developing, land in which I am engaged or employed and of any such business carried on by a company or other body of which I am, or any nominee of mine is, a member—

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---

• (c) particulars of any profession, business or occupation in which I am engaged, whether on my own behalf or otherwise, and which relates to dealing in or developing land—

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---

I hereby declare that the foregoing is a true and complete declaration of every interest of mine which is an interest to which section 147 of the Planning and Development Act, 2000 applies.

Signature_______

Date_______

Instructions for completing this form.

Article 181

Form No. 2

Declaration to a planning authority of estate or interest

PLANNING AND DEVELOPMENT ACT, 2000

SECTION 147

I, _________, hereby give to the planning authority,

⁶⁵ of which I am a member,

⁶⁶ under which I hold the office of _________,

the following declaration of interests in compliance with the requirements of section 147 of Planning and Development Act, 2000 :

• (a) particulars⁶⁷ of any estate or interest which I have in any land⁶⁸ —

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---

• (b) particulars of any business of dealing in, or developing, land in which I am engaged or employed and of any such business carried on by a company or other body of which I am, or any nominee of mine is, a member—

---

---

• (c) particulars of any profession, business or occupation in which I am engaged, whether on my own behalf or otherwise, and which relates to dealing in or developing land—

---

---

I hereby declare that the foregoing is a true and complete declaration of every interest of mine which is an interest to which section 147 of the Planning and Development Act, 2000 applies.

Signature _______

Date ________

Directions for completing this form.

SCHEDULE 12 Licence fees under Section 254 of the Act in respect of specified appliances, apparatus and structures.

Article 202