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S.I. No. 685/2006 - Planning and Development Regulations 2006

Type Statutory Instrument

Publication 2006-12-21

Last updated 2024-10-17

State In force superseded text

Text As published

Source Irish Statute Book

articles 42

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.

4 amending acts · 2024-10-17, PLANNING AND DEVELOPMENT ACT 2024

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STATUTORY INSTRUMENTS

S.I. No. 685 of 2006

PLANNING AND DEVELOPMENT REGULATIONS 2006

Table of Contents

(Text in italics refers to the Article in 2001 Regulations)


			Page
1.	Citation and commencement.	Citation and commencement.	2
2.	Interpretation.	Interpretation.	2
3.	Amendment of Article (3) of the Regulations Interpretation	Amendment of Article (3) of the Regulations Interpretation	2
4.	Amendment of Article 7 of the Regulations. Development under other enactments	Amendment of Article 7 of the Regulations. Development under other enactments	2
5.	Substitution of Article 13 of the Regulations. Authorities prescribed under sections 11, 12 and 13 of the Act.	Substitution of Article 13 of the Regulations. Authorities prescribed under sections 11, 12 and 13 of the Act.	2
6.	Substitution of Article 14 of the Regulations. Authorities prescribed under section 20 of Act.	Substitution of Article 14 of the Regulations. Authorities prescribed under section 20 of Act.	4
7.	Substitution of Article 15 of the Regulations Authorities prescribed under section 24 of the Act.	Substitution of Article 15 of the Regulations Authorities prescribed under section 24 of the Act.	4
8.	Substitution of Part 4 of the Regulations	Substitution of Part 4 of the Regulations	6
PART 4: Control of Development	PART 4: Control of Development	PART 4: Control of Development	PART 4: Control of Development
Chapter 1 Permission Regulations - planning applications and decisions	Chapter 1 Permission Regulations - planning applications and decisions	Chapter 1 Permission Regulations - planning applications and decisions	Chapter 1 Permission Regulations - planning applications and decisions
	16.	Planning application accompanied by EIS or which relates to establishment to which Major Accident Regulations apply.	6
	17.	Notice of planning application.	6
	18	Notice in newspaper	7
	19.	Site notice.	9
	20.	Time limits for site notice.	10
	21.	Restriction on outline application.	10
	22.	Content of planning applications generally.	11
	22A	Specified additional information to be submitted with applications.	14
	23.	Requirements for particulars to accompany an application under article 22.	14
	24.	Plans and particulars to accompany application for outline permission.	17
	25.	Planning application by electricity undertaking.	17
	26.	Procedure on receipt of planning application.	17
	27.	Weekly list of planning applications.	19
	28.	Notice to certain bodies.	22
	29.	Submissions or observations in relation to planning application.	29
	29A.	Allowance for public holidays, etc.	30
	30.	Minimum period for determination of planning application.	30
	31.	Notification of decision on planning application.	31
	32.	Weekly list of planning decisions.	32
		Chapter 2 Permission Regulations - Further information and other matters	Chapter 2 Permission Regulations - Further information and other matters
	33.	Further information.	34
	34.	Revised plans.	35
	35.	Notice of further information or revised plans.	35
	36.	Prescribed notice for material contravention.	39
	37.	Withdrawal of planning application.	40
	38.	Provision of forms and instructions.	40
	39.	Provision of certain information to Minister.	40
		Chapter 3 Extension of duration of planning permission	Chapter 3 Extension of duration of planning permission
	40.	Interpretation for this Chapter.	41
	41.	Time limits for extensions of time.	41
	42.	Content of application to extend appropriate period.	41
	43.	Content of application to further extend appropriate period.	42
	44.	Procedure on receipt of application to extend appropriate period.	42
	45.	Further information.	43
	46.	Notification of decision on application.	44
	47.	Weekly list.	44
9.	Amendment of Article 52 of the Regulations Prescribed bodies under section 55(1) of Act.	Amendment of Article 52 of the Regulations Prescribed bodies under section 55(1) of Act.	45
10.	Amendment of Article 55 of the Regulations Prescribed bodies under section 85 of Act.	Amendment of Article 55 of the Regulations Prescribed bodies under section 85 of Act.	45
11.	Amendment of Article 64 of the Regulations Prescribed organisations for purposes of section 106(1) of Act.	Amendment of Article 64 of the Regulations Prescribed organisations for purposes of section 106(1) of Act.	45
12.	Amendment of Article 67 of the Regulations Interpretation for this chapter (Appeals and Referrals and other functions of the Board).	Amendment of Article 67 of the Regulations Interpretation for this chapter (Appeals and Referrals and other functions of the Board).	47
13.	Amendment of Article 68 of the Regulations Availability of documents relating to appeals and referrals.	Amendment of Article 68 of the Regulations Availability of documents relating to appeals and referrals.	47
14.	Substitution of Article 72 of the Regulations. Board's weekly list.	Substitution of Article 72 of the Regulations. Board's weekly list.	48
15.	Amendment of Article 74 of the Regulations Notification by Board of decisions on appeals or referrals.	Amendment of Article 74 of the Regulations Notification by Board of decisions on appeals or referrals.	51
16.	Amendment of Article 76 of the Regulations Notice etc. of oral hearing.	Amendment of Article 76 of the Regulations Notice etc. of oral hearing.	52
17.	Amendment of Articles 81 of the Regulations Notice of proposed development.	Amendment of Articles 81 of the Regulations Notice of proposed development.	53
18.	Amendment of Article 82 of the Regulations Notice of proposed development to certain bodies.	Amendment of Article 82 of the Regulations Notice of proposed development to certain bodies.	53
19.	Amendment of Article 83 of the Regulations Availability for inspection of documents, particulars and plans.	Amendment of Article 83 of the Regulations Availability for inspection of documents, particulars and plans.	57
20.	Amendment of Article 87 of the Regulations Public notice of proposed development.	Amendment of Article 87 of the Regulations Public notice of proposed development.	57
21.	Amendment of Article 88 of the Regulations Notice of proposed development to certain bodies.	Amendment of Article 88 of the Regulations Notice of proposed development to certain bodies.	58
22.	Amendment of Article 89 of the Regulations Availability for inspection of plans and particulars.	Amendment of Article 89 of the Regulations Availability for inspection of plans and particulars.	58
23.	Amendment of Article 92 of the Regulations Interpretation for this Part (Environmental Impact Assessment).	Amendment of Article 92 of the Regulations Interpretation for this Part (Environmental Impact Assessment).	58
24.	Amendment of Article 95 of the Regulations Procedure for scoping requests.	Amendment of Article 95 of the Regulations Procedure for scoping requests.	58
25.	Amendment of Article 103 of the Regulations Requirement to submit EIS with sub-threshold planning application.	Amendment of Article 103 of the Regulations Requirement to submit EIS with sub-threshold planning application.	60
26.	Amendment of Article 105 of the Regulations Further notice where planning authority requires EIS.	Amendment of Article 105 of the Regulations Further notice where planning authority requires EIS.	60
27.	Amendment of Article 112 of the Regulations Newspaper notice.	Amendment of Article 112 of the Regulations Newspaper notice.	60
28.	Amendment of Article 120 of the Regulations Sub-threshold EIS.	Amendment of Article 120 of the Regulations Sub-threshold EIS.	60
29.	Amendment of Article 121 of the Regulations Notice to certain bodies	Amendment of Article 121 of the Regulations Notice to certain bodies	60
30.	Amendment of Article 123 of the Regulations Notice of Board's decision on application for approval.	Amendment of Article 123 of the Regulations Notice of Board's decision on application for approval.	64
31.	Amendment of Part 10 of the Regulations	Amendment of Part 10 of the Regulations	64
Chapter 5 - Transboundary Environmental Effects	Chapter 5 - Transboundary Environmental Effects	Chapter 5 - Transboundary Environmental Effects	Chapter 5 - Transboundary Environmental Effects
	124.	Transboundary environmental effects - notification of Minister.	64
	125.	Transboundary environmental effects - information to Minister.	66
	126.	Transboundary consultation.	67
	127.	Notification of Board by planning authority.	68
	128.	Request for further information.	68
	129.	Notice of further information to Minister and transboundary State.	71
	130.	Minimum period for determining planning application, appeal or application for approval.	72
	130A.	Inclusion of notice of transboundary effects in weekly list	72
	131.	Notice of decision.	72
	132.	Public notice of information received pursuant to request under section 174(4) of Act.	72
32.	Amendment of Part 11 of the Regulations Major Accidents Directive	Amendment of Part 11 of the Regulations Major Accidents Directive	74
33.	Amendment of Article 137 of the Regulations Notice to National Authority for Occupational Safety and Health	Amendment of Article 137 of the Regulations Notice to National Authority for Occupational Safety and Health	74
34.	Amendment of Article 141 of the Regulations Notice to National Authority for Occupational Safety and Health.	Amendment of Article 141 of the Regulations Notice to National Authority for Occupational Safety and Health.	75
35.	Amendment of Article 143 of the Regulations Notice of local authority development to National Authority for Occupational Safety and Health.	Amendment of Article 143 of the Regulations Notice of local authority development to National Authority for Occupational Safety and Health.	75
36.	Amendment of Article 147 of the Regulations Notice of proposed local authority development to National Authority for Occupational Safety and Health.	Amendment of Article 147 of the Regulations Notice of proposed local authority development to National Authority for Occupational Safety and Health.	75
37.	Amendment of Article 150 of the Regulations Notice of proposed state authority development to National Authority for Occupational Safety and Health.	Amendment of Article 150 of the Regulations Notice of proposed state authority development to National Authority for Occupational Safety and Health.	76
38.	Amendment of Article 179 of the Regulations Authorities prescribed under section 169 of Act.	Amendment of Article 179 of the Regulations Authorities prescribed under section 169 of Act.	76
39.	Amendment of Article 182 of the Regulations Interpretation for this Part (Licensing of outdoor events).	Amendment of Article 182 of the Regulations Interpretation for this Part (Licensing of outdoor events).	78
40.	Amendment of Article 187 of the Regulations Form and content of application.	Amendment of Article 187 of the Regulations Form and content of application.	78
41.	New Part 18 of the Regulations	New Part 18 of the Regulations	78
PART 18 - Strategic Infrastructure Development	PART 18 - Strategic Infrastructure Development	PART 18 - Strategic Infrastructure Development	PART 18 - Strategic Infrastructure Development
	209	Interpretation for this Part	78
	210	Pre-application discussions	79
	211	Consultations on information to be contained in an environmental impact statement.	80
	212	Additional requirement for public notice in respect of application.	81
	213	Prescribed bodies	81
	214	Application procedure	85
	215	Major Accidents	86
	216	Weekly list	87
	217	Submissions or observations in relation to an application	88
	218	Further information, submissions, meetings etc.	89
	219	Content of notice of Board's decision on application for permission.	90
	220	Content of decision on application for approval of strategic infrastructure development.	90
	221	Notice under 146C(4)	90
	222	Application of this Part	91
42.	Amendment of Schedule 3 of the Regulations. Prescribed notices.	Amendment of Schedule 3 of the Regulations. Prescribed notices.	91
	Form 1 (Site notice)	Form 1 (Site notice)	92
	Form 2 (Application form)	Form 2 (Application form)	94
	Form 3 (Acknowledgement of receipt of submission or observation)	Form 3 (Acknowledgement of receipt of submission or observation)	108
	Form 4 (Notice of proposed material contravention of a development plan)	Form 4 (Notice of proposed material contravention of a development plan)	109
	Form 5 (Site Notice of Further Information/Revised Plans)	Form 5 (Site Notice of Further Information/Revised Plans)	111

S.I. No. 685 of 2006

PLANNING AND DEVELOPMENT REGULATIONS 2006.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 11, 12, 13, 20, 24, 33, 34, 37D, 37E, 371, 55, 85, 97, 106, 169, 173, 174, 175, 182A, 182B, 182C, 182D and 262 of the Planning and Development Act 2000 , as amended by the Planning and Development (Strategic Infrastructure) Act 2006 , hereby makes the following Regulations:

Citation and commencement.

1.

1. (1) (a) These Regulations may be cited as the Planning and Development Regulations 2006.

(b) These Regulations and the Planning and Development Regulations 2001 to 2006 shall be construed as one and may be collectively cited as the Planning and Development Regulations 2001 to 2006.

(2)
(a) Articles 1 and 2 shall come into force on the date of signing of these regulations.

(b) Articles 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 21, 22, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 38, 39, 40 and 42 shall come into force on the 31^st March 2007.

Interpretation.

2.

2. In these Regulations, unless otherwise stated,

“the Act” means the Planning and Development Act 2000 (as amended by the Planning and Development (Strategic Infrastructure) Act 2006 ),

“the Regulations” means the Planning and Development Regulations 2001.

Amendment of Article (3) of the Regulations.

3.

3. Article 3 of the Regulations is amended by the substitution of

““Major Accident Regulations” means the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 ( S.I. No. 74 of 2006 );” for the definition of “Major Accidents Regulations”.

Amendment of Article 7 of the Regulations.

4.

4. Article 7(1) of the Regulations is amended by the substitution of “section 86(8) of the Environmental Protection Agency Act 1992 (No.7 of 1992), as amended” for “section 84(4)(a) of the Environmental Protection Agency Act, 1992 (No.7 of 1992)”.

Substitution of Article 13 of the Regulations.

5.

5. Article 13 of the Regulations is substituted by the following article:

“13. The prescribed authorities for the purposes of sections 11, 12 and 13 of the Act shall be—

(a) the Minister,

(b) the Board,

(c) the Minister for Agriculture and Food.

(d) the Minister for Community, Rural and Gaeltacht Affairs,

(e) the Minister for Defence,

(f) the Minister for Education and Science.

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

(h) the Minister for Transport,

(i) Dublin Airport Authority,

(j) Fáilte Ireland,

(k) the Central Fisheries Board,

(l) An Chomhairle Ealaíon,

(m) the Commissioners,

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

(o) the Electricity Supply Board,

(p) Forfás,

(q) the Health Service Executive,

(r) the Heritage Council,

(s) the Health and Safety Authority,

(t) the National Roads Authority,

(u) the appropriate Regional Fisheries Board,

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

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

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

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

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

Substitution of Article 14 of the Regulations.

6.

6. Article 14 of the Regulations is substituted by the following article:

“14. The prescribed authorities for the purposes of section 20 of the Act shall be -

(a) the Minister,

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

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

Substitution of Article 15 of the Regulations.

7.

7. Article 15 of the Regulations is substituted by the following article:

“15. The prescribed authorities for the purposes of section 24 of the Act shall be -

(a) the Minister,

(b) the Board,

(c) the Minister for Agriculture and Food,

(d) the Minister for Community, Rural and Gaeltacht Affairs,

(e) the Minister for Defence,

(f) the Minister for Education and Science,

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

(h) the Minister for Transport,

(i) Dublin Airport Authority,

(j) Fáilte Ireland,

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

(l) An Chomhairle Ealaíon,

(m) the Commissioners,

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

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

(p) the Electricity Supply Board,

(q) Forfás,

(r) the Health Service Executive,

(s) the Heritage Council,

(t) the Health and Safety Authority,

(u) the National Roads Authority,

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

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

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

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

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

Substitution of Part 4 of the Regulations.

8.

8. Part 4 of the Regulations is substituted by the following Part:

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